Segway Sweepstakes Terms and Conditions

NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN.

These Terms and Conditions are supplemental to the rules of the sweepstake, giveaway, game, or similar promotion (collectively, “Promotion”) described in the linked announcement (e.g., a post on our social media account or website or Segway-Ninebot App). Entry to the Promotion is free. Segway Inc. (“Sponsor”) wants to share joy and moments with you and give you an opportunity to better know the Sponsor. By entering the Promotion, you accept and agree to these Terms and Conditions.

1.TERM

The Promotion begins and ends on the dates and times specified in the linked announcement.

2.ELIGIBILITY

You must be over eighteen years old and a resident of the contiguous United States. Sponsor employees, their immediate family members, and persons living in the same household are not eligible to participate.

3.METHODS OF ENTRY

You must enter the Promotion using the methods described in the linked announcement. To participate, review the linked announcement and follow the entry instructions.

4.ODDS OF WINNING

The odds of winning depend on the number of eligible entries received, or the preset odds if you’re participating in a spinner wheel game or a drawing card game, where the odds remain the same regardless of the number of participants.

5.DRAWING

If applicable, a random drawing will be conducted by the Sponsor on the dates specified in the linked announcement for the Promotion.

6.WINNER ANNOUNCEMENT & PRIZE CLAIM

Winners will be announced on the relevant social media platform or website or Segway-Ninebot App, and they will be notified via direct message on social media and/or email and/or in-App notifications. The Sponsor will deliver the prize within a reasonable time after receiving the winner’s mailing address, but no later than three weeks after the winner provides the address.

7.USE OF YOUR IMAGE AND LIKENESS

Acceptance of a prize also grants the Sponsor permission to use the winner’s name and likeness for posting on the Sponsor’s social media accounts, websites and Segway-Ninebot App, which are open to the public. No additional authorization or compensation will be required, unless prohibited by law.

8.TAX

All income taxes resulting from the acceptance of a prize are the sole responsibility of the winner.

9.PRIVACY

The Promotion may require you to provide personal information (e.g., name and email address) to verify eligibility and contact you regarding the prize claim. For more information on how we collect and use your personal information and your privacy rights, please view our Privacy Policy at: https://store.segway.com/privacy-policy.

10.LIMITATION OF LIABILITY

(a) SEGWAY-NINEBOT PARTY’S (INCLUDING SEGWAY INC., NINEBOT AND THEIR AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, SUCCESSORS, AGENTS, AND INDEPENDENT CONTRACTORS AND OTHER SERVICE PROVIDERS) LIABILITY TO YOU, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER THEORY, SHALL NOT EXCEED THE MSRP OF THE PRIZE THAT YOU WIN.

(b) IN NO EVENT SHALL EITHER SEGWAY-NINEBOT PARTY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, INDEMNIFICATION LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) THE FOREGOING LIMITATIONS OF LIABILITY APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

11.NO DEFAMATION

Neither party shall denigrate, disparage, tarnish, or present the other in a false light, or otherwise harm the reputation or goodwill of the other party.

12.GOVERNING LAW AND ARBITRATION

(a) This Terms and Conditions and any claim, dispute and/or controversy between parties related to the Promotion shall be construed and enforced in accordance with and governed by the laws of California without regards to conflict of law principles.

(i) All disputes, controversies or claims arising out of or relating to the event and giveaway or any breach hereof which cannot be settled amicably by the parties shall be finally and exclusively settled by arbitration in English language in your residence county (unless both parties agree otherwise), under the then-prevailing rules of American Arbitration Association.

(ii) The arbitral tribunal shall have the right to grant injunctive relief, including interim relief, of any nature. The availability of such relief shall depend upon proofs and showings required under the governing law.

(iii) Arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by arbitral tribunal.

(iv) Judgment on the award of arbitral tribunal may be entered by any court having jurisdiction to do so, and the parties to the Agreement hereby irrevocably consent and submit to the personal jurisdiction to such court for this purpose as well as for any and all other purposes in connection with this Agreement.

(v) The parties agree to keep confidentiality of any conduct, communication and information disclosed to the other party made under Arbitration, including but not limited to the existence of the informal dispute resolution, mediation, the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law. The Federal Arbitration Act shall apply herein.

13.WAIVER OF CLASS ACTION AND CLASS ARBITRATION

To the extent permitted by law, the parties agree that any disputes and/or controversies that one party may have against the other party (including its affiliates, shareholder, employees, officers and directors) arising out of and/or relating to the event and/or giveaway, at law and/or in equity, including the matters subject to arbitration or otherwise, shall be resolved by binding individual and not class or representative arbitration. This agreement to arbitrate all disputes shall apply no matter by whom or against whom the claim is filed. Arbitral tribunal shall not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Each party agrees that it will not bring, join or participate in any class action as to any claim, dispute or controversy it may have against the other party (including its affiliates, shareholder, employees, officers and directors). The parties waive the right to a trial by jury or to participate in a class action or arbitration either as a class representative or a class member. This waiver of class action, or class or representative arbitration’s scope is broad and includes without limitation, any claims relating to any aspect of the relationship between the parties. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above.

14.TERMINATION AND MODIFICATION

Sponsor reserves the right to interpret, modify, or terminate the Promotion and its Terms and Conditions at its sole discretion, without prior notice. Breach of these terms may result in forfeiture of your right to participate and any prize you may have won.

15. VOID

Void where prohibited.