Trexo & Treadmill “Pay It Forward” Contest
Rules, Terms & Conditions
USA:
OFFICIAL RULES
THIS CONTEST IS OPEN ONLY TO “ENTRANTS” AS DEFINED IN PARAGRAPH 1 BELOW. THE CONTEST AND ENTRY THERETO ARE VOID WHERE THE CONTEST ARE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. MAKING A PURCHASE DOES NOT INCREASE OR AFFECT THE POSSIBILITY OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. THIS CONTEST IS NOT SPONSORED, ADMINISTERED, ENDORSED, OR AFFILIATED IN ANY WAY BY FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN OR OTHER SOCIAL MEDIA OUTLETS.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THESE RULES CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE RULES CONTAIN A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
Contest Name: Pay It Forward (“Contest”)
Sponsor (“Sponsor”): Trexo Robotics, Inc., 3-6705 Millcreek Dr., Mississauga ON L5N 5M4
Administrator: Trexo Robotics Inc., 3-6705 Millcreek Dr., Mississauga ON L5N 5M4
By entering into the Contest outlined below, you are entering your Submission (as defined below) for judging in the Contest and entering into a binding contract with Sponsor for the Contest to be bound by these Official Rules governing the Contest. In addition, you are agreeing to the Terms & Conditions governing use of the Sponsor’s website, pursuant to which you make certain representations to Sponsor and grant it certain rights to use your Contest Submission and other submitted content. You are further agreeing to the use of your personal information in accordance with the Trexo Robotics privacy policy.
By submitting your Submission via this page on the Website, you agree to do business with Sponsor electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website, the Contest and all other services provided via the Website; (ii) agree that your act of clicking your consent to these Official Rules is a binding form of your electronic signature, which you agree binds you to these Official Rules, Terms & Conditions and Privacy Policy; (iii) represent that you have Internet access and a valid e-mail address enabling you to access the Website and to receive communications and documents electronically; and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records.
- ENTRANT ELIGIBILITY. An “Entrant” is a natural person who (i) is a legal resident of Canada (excluding Quebec) or the United States (but excluding residents of Colorado, Maryland, Nebraska, North Dakota and Vermont) as of the date he or she submits a Submission; (ii) reservation holders with Sponsor who (a) reserved between October 1, 2022 and October 31, 2022, as well as (b) other existing reservation holders who did not have a contract that was signed by October 15, 2022, provided that all such persons identified in (a) and (b) complete their assessments by November 15, 2022 and have been determined by Sponsor, at its sole discretion, to be a qualified candidate for a Trexo Home device (iii) is at least 18 years old on the date of submitting a Submission; (iv) is not on the US Bureau of Industry and Security’s Denied Persons or Entity Lists, is not on the US Treasury Department’s list of Specially Designated Nationals, and is not on the US Department of Commerce’s Table of Denial Orders; and (v) complies with the Method of Submission & Submission Requirements in Section 4 below, and all other terms of these Official Rules. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor and Administrator, and their respective parent companies (if any), subsidiaries, affiliates, successors, assigns, and members of their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter. Winners will be required to sign an affidavit of eligibility, liability release and, unless prohibited by law, publicity release.
- ENTRY PERIOD. The Contest begins at 9:00 a.m. Eastern Time (ET) on November 15, 2022 and ends at 11:59:59 p.m. ET on November 25, 2022 (the “Submission Period”).
- DISQUALIFICATION. Without limitation, an Entrant may be disqualified, at Sponsor’s sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (ii) Entrant is subject to a restraining order; (iii) Entrant fails to meet the Method of Submission & Submission Requirements in Section 4; or (iv) Entrant violates or fails to comply with these Official Rules.
- METHOD OF SUBMISSION & SUBMISSION REQUIREMENTS. There are three steps to enter the Contest. Entrant must (i) access the website located online at https://trexorobotics.com/reserve-your-trexo-home/ and successfully complete the reservation form at that page and pay the sum of $100 online via credit or debit card to make a reservation to obtain a Trexo Home device from Sponsor; (ii) complete and return to Sponsor the Trexo Home assessment form by 11:59:59 on November 15, 2022; and (iii) submit a document or file on this page https://form.jotform.com/222934228689064 explaining how you would help someone else and “pay it forward” if you were to be selected as a winner. The submission may be either a written explanation or an audio, visual or audiovisual file that clearly and concretely explains what you would do and the steps you take to fulfill your “pay it forward” idea (the “Submission”). Each Entrant may submit only one Submission. In the event an Entrant submits more than one Submission, the first Submission shall be deemed the Entrant’s Submission, and all additional Submissions will be disqualified. Those Entrants who are determined by Sponsor not to be a qualified candidate for a Trexo Home device will receive a full refund of their $100 deposit.
By uploading a Submission in the Contest, the Entrant represents that the entire Submission meets the following additional requirements:
- The Entrant is the creator and owner of the document or file which is the subject of the Submission;
- The content of the document or file which is the subject of the Submission was created solely by Entrant and not as part of a group;
- The Submission cannot be obscene or offensive, or endorse any form of hate or hate group;
- The Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor, Administrator or other people, products or companies;
- The Submission cannot contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- The Submission cannot contain copyrighted materials owned by others;
- The Submission cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than the Entrant members; and
- The Submission cannot depict or encourage, and cannot itself be, a violation of any law.
Entrant retains ownership of all rights and interests in and to the Submission, if any, but Sponsor will retain, and will not return, the copies of the Submissions it receives. All Submissions are subject to the Trexo Robotics Terms & Conditions and Privacy Policy. To the extent that there is any conflict between these Official Rules and the Terms & Conditions, these Official Rules will control. Sponsor reserves the right to disqualify a Submission at any time, in Sponsor’s sole discretion.
- ENTRANT REPRESENTATIONS, WARRANTIES & GRANT OF RIGHTS. By submitting a Submission, each Entrant acknowledges and understands that the Submission may be posted, reproduced, distributed, publicly displayed, publicly performed, and otherwise used for commercial, promotional and/or non-promotional activities by Sponsor and/or Administrator as they see fit in their sole discretion in perpetuity. Entrant hereby irrevocably grants to Sponsor and Administrator, and their respective parent companies (if any), subsidiaries, affiliates, licensees, designees, and authorized agents an irrevocable, nonexclusive, unlimited, worldwide, sublicensable (through multiple tiers), compensation-free license and right to reproduce, distribute, publicly display, publicly perform, and transmit the Submission in any and all media formats, whether now existing or hereafter devised, for commercial and non-commercial purposes in perpetuity. Entrant represents and warrants that the Submission: (a) is an original work of Entrant, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. AFTER ENTRANT SUBMITS A SUBMISSION, THE ENTRANT IS PROHIBITED FROM (1) TRANSFERRING ANY OWNERSHIP INTEREST IN THE SUBMISSION TO ANYONE, AND (2) GRANTING ANY EXCLUSIVE RIGHT TO ANY OTHER THIRD PERSON. THIS RESTRICTION ENDS IF THE ENTRANT’S SUBMISSION IS NOT SELECTED AS A WINNING SUBMISSION (AS DEFINED IN SECTION 8).
- PRIZES: There are four prizes made available in this contest, two grand prizes and two second prizes. The grand prize winners and second prize winners are referred to herein as “Winner” or “Winners.”
The Grand Prize; Conditions & Requirements. The two grand prizes each consist of one (1) year’s free use of one (1) Trexo Home device and one (1) Rifton Dynamic Pacer gait trainer for a one-year period beginning on the date after training is completed, as set forth below. The grand prize winner must agree to and sign Sponsor’s standard Trexo Home lease agreement as a condition of receiving the grand prize. The lease contains a three-year term. At the end of the first year of the three-year term, each grand prize winner may elect to either return the Trexo Home device to Sponsor and all obligations under the lease will be terminated, or retain the Trexo Home device for the remainder of the duration of the lease subject to the terms and conditions of the lease, including, without limitation, the payment terms thereunder. If the grand prize winner elects to return the device to Sponsor and terminate the lease, it must provide at least 60 days written notice to Sponsor prior to the end of the first year of the lease notifying Sponsor of its intention to return the device and terminate the lease. Written notice may be sent to Sponsor via email to support@trexorobotics.com or via letter at the following: Attn: Account Coordination, Trexo Robotics Inc., 3-6705 Millcreek Dr., Mississauga ON L5N 5M4. Grand prize winners are responsible for the cost of shipping the Trexo Home device to and from Sponsor. The approximate retail value of the grand prizes is $37,600 – $44,100 (depending on sizing of the device and gait trainer) for a total of $75,200 – $88,200. Grand prize winners must be able to take delivery of the grand prizes by January 1, 2023.
The Second Prizes. The two second prizes consist of Trexo Home manual treadmill. The second prize winners are responsible for paying the shipping costs from the place of shipping to the second prize winners’ place of destination. Each second prize comes with a one-year manufacturer’s limited warranty. During the first year of the warranty, all matters relating to the operation, maintenance and repair of the treadmills must be directed to Trexo. Second prize winners must be able to take delivery of the grand prizes by January 1, 2023. The approximate retail value of the grand prizes is $1,000 each for a total of $2,000.
The Entrant’s name, image, likeness, trademarks, personal attributes and biographical information may be credited in connection with each winning Submission. Winner is solely responsible for all costs and expenses associated with the Prize. Prize is subject to availability and may be changed or modified at Sponsor’s sole discretion. If requested, each Winner shall provide Sponsor with valid identification and a valid taxpayer identification number, social security number or equivalent as a condition of the prize being awarded. The Prize is not transferable, redeemable for cash or exchangeable for any other prize. The approximate retail value of all prizes is $77,200 – $90,200. ODDS OF WINNING DEPEND ON THE QUANTITY AND QUALITY OF THE ENTRIES.
- JUDGING CRITERIA. The Winners will be selected by a panel of four judges who are previous winners of Trexo Robotics contests. The judges will be selecting what they perceive to be the best three Submissions (one for the grand prize and two for the second prizes) based on the following criteria:
- 25% based upon the creativity of the idea. Example: not a simple donation to an organization, but a more creative act that will make a positive impact in the life of an individual or community;
- 25% based upon the uniqueness and creativity of the presentation the Submission. Examples: humor, artistic talent, singing, acting
- 25% based upon how realistic the idea and how reasonably it could be carried out; and
- 25% based upon the impact it will have on the person or community, combined with the concept underlying the Submission being in alignment with the values of Trexo Robotics, which include kindness, acceptance, doing good, innovation, family and being community focused.
- SELECTION OF WINNERS; NOTIFICATION: The Entrants whose Submissions are selected as winning submissions (“Winning Submissions”) shall be the “Winners.” Sponsor will select the Winners and Winning Submissions on or about December 2, 2022; will announce the Winners on Sponsor’s Instagram and Facebook on December 2, 2022; and will post the names of the Winners and Winning Submissions on or before December 2, 2022 on the Sponsor’s website located at www.trexorobotics.com. Sponsor will notify Winners by contacting Winners using the contact information provided by Winners when completing the Submission form. Winners will be required to sign and return an Affidavit of Eligibility, Publicity Release (unless prohibited by law) and a Liability Release. In the event of failure to return the documents and/or requested information, or the return of any prize or prize notification as being undeliverable, Winners will forfeit the prize and an alternate winner may be selected in the same manner as set forth in the judging criteria. Three alternate winner selections will be conducted, after which any remaining portion of the prize will remain unawarded. All decisions of Sponsor are final. The Contest and entry thereto are void where prohibited or restricted by law. SPONSOR WILL DELETE ALL SUBMISSIONS RECEIVED DURING THE CONTEST, EXCLUDING THE WINNING SUBMISSIONS, WITHIN THIRTY (30) DAYS AFTER ALL WINNERS IS SELECTED.
- TAXES. The valuation of the prize stated above is based on reasonably available information provided to the Sponsor. The value of any prize awarded to the Winner will be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Entrants winning over $600 in prizes who are U.S. residents or citizens will receive an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS.
- PRIVACY & TERMS: Information submitted by Entrant will be subject to the Terms & Conditions of the Contest Website and Sponsor’s Privacy Policy (“Policy”), both of which are incorporated herein by reference.
- DISCLAIMER. THE PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
- INDEMNIFICATION. ENTRANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, FACEBOOK, TWITTER, YOUTUBE AND THEIR RESPECTIVE PARENT COMPANIES (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF THE RESPECTIVE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, CONTEST JUDGES, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COURT COSTS) ARISING OUT OF RELATING TO ANY ACTUAL OR CLAIMED INFRINGEMENT OF ANY PATENT, COPYRIGHT, MASK WORK, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY, PROPRIETARY, CONTRACTUAL OR OTHER RIGHT OF ANY THIRD PARTY, WITH RESPECT TO THE SUBMISSION SUBMITTED IN THIS CONTEST.
- LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE: The Released Parties (as defined in the next paragraph below) are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (vi) any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to Entrant’s or any other person’s computer equipment resulting from participation in the Contest, use of any website or the download of any information from any website; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (xi) lost, stolen, or destroyed passports, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from the Prize. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Sponsor, Administrator, Facebook, Twitter Instagram and YouTube and their respective parent companies (if any), subsidiaries, affiliates, successors, assigns; and each of the respective foregoing’s past, present and future officers, directors, owners, shareholders, members, managers, partners, principals, Contest judges, employees, agents and representatives (collectively “Released Parties”) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission of any third party; or (ii) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, pandemic, riot, hurricane or fire. BY ENTERING THE CONTEST, ENTRANT FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT’S PARTICIPATION IN THIS CONTEST AND CONTEST-RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR INTELLECTUAL PROPERTY INFRINGEMENT, RIGHTS OF PUBLICITY OR PRIVACY VIOLATIONS, NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.
By entering the Contest, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
By entering the Contest, Entrant (on his/her behalf and on behalf of his/her heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on behalf of Entrant) hereby unconditionally waive and relinquish any right or benefit which you or such person(s) have or may have against the Released Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Terms & Conditions, and Sponsor’s Privacy Policy.
- DISPUTE RESOLUTION: All disputes arising under or relating to the Contest and/or these Official Rules shall be governed by the laws of Ontario, Canada, without regard for conflicts of laws principles. All disputes arising under or relating to the Contest and/or these Official Rules shall be submitted to and resolved by binding arbitration in Mississauga, Ontario, and any award shall be confirmed in the courts situated in Sedgwick Mississauga, Ontario. The parties irrevocably agree that the courts situated in Mississauga, Ontario shall have exclusive jurisdiction and venue for the purposes of confirming the any arbitration award, and for all other disputes arising out of or relating to these Official Rules that may found not to be arbitrable, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted pursuant to the Commercial Arbitration Act and shall further be conducted on a confidential basis pursuant to the Rules of the Canadian Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorney’s fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
- WAIVER OF JURY TRIAL; NO CLASS ACTION. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
- WINNER LIST/OFFICIAL RULES: To obtain a copy of the Official Rules and Winner list, send a self-addressed stamped envelope (except for residents of Vermont, who do not have to provide postage) to Sponsor at the address set forth above. All such requests must be received by January 2, 2023.
Canada:
TREXO ROBOTICS
Pay It Forward Contest
OFFICIAL RULES
THIS CONTEST IS OPEN ONLY TO “ENTRANTS” AS DEFINED IN PARAGRAPH 1 BELOW. THE CONTEST AND ENTRY THERETO ARE VOID WHERE THE CONTEST ARE PROHIBITED OR RESTRICTED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. MAKING A PURCHASE DOES NOT INCREASE OR AFFECT THE POSSIBILITY OF WINNING. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. THIS CONTEST IS NOT SPONSORED, ADMINISTERED, ENDORSED, OR AFFILIATED IN ANY WAY BY FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN OR OTHER SOCIAL MEDIA OUTLETS.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THESE RULES CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE RULES CONTAIN A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, AS SET FORTH BELOW.
Contest Name: Pay It Forward (“Contest”)
Sponsor (“Sponsor”): Trexo Robotics, Inc., 3-6705 Millcreek Dr., Mississauga ON L5N 5M4
Administrator: Trexo Robotics Inc., 3-6705 Millcreek Dr., Mississauga ON L5N 5M4
By entering into the Contest outlined below, you are entering your Submission (as defined below) for judging in the Contest and entering into a binding contract with Sponsor for the Contest to be bound by these Official Rules governing the Contest. In addition, you are agreeing to the Terms & Conditions governing use of the Sponsor’s website, pursuant to which you make certain representations to Sponsor and grant it certain rights to use your Contest Submission and other submitted content. You are further agreeing to the use of your personal information in accordance with the Trexo Robotics privacy policy (“Privacy Policy”).
By submitting your Submission via this page on the Website, you agree to do business with Sponsor electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website, the Contest and all other services provided via the Website; (ii) agree that your act of clicking your consent to these Official Rules is a binding form of your electronic signature, which you agree binds you to these Official Rules, Terms & Conditions and Privacy Policy; (iii) represent that you have Internet access and a valid e-mail address enabling you to access the Website and to receive communications and documents electronically; and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records.
- ENTRANT ELIGIBILITY. An “Entrant” is a natural person who (i) is a legal resident of Canada (but excluding residents of the province of Quebec) or the United States (but excluding residents of Colorado, Maryland, Nebraska, North Dakota and Vermont) as of the date he or she submits a Submission; (ii) reservation holders with Sponsor who (a) reserved between October 1, 2022 and October 31, 2022, as well as (b) other existing reservation holders who did not have a contract that was signed by October 15, 2022, provided that all such persons identified in (a) and (b) complete their assessments by November 15, 2022 and have been determined by Sponsor, at its sole discretion, to be a qualified candidate for a Trexo Home device (iii) is at least 18 years old on the date of submitting a Submission; (iv) is not on the US Bureau of Industry and Security’s Denied Persons or Entity Lists, is not on the US Treasury Department’s list of Specially Designated Nationals, and is not on the US Department of Commerce’s Table of Denial Orders; and (v) complies with the Method of Submission & Submission Requirements in Section 4 below, and all other terms of these Official Rules. Officers, directors, shareholders, members, managers, partners, employees, agents, and representatives of Sponsor and Administrator, and their respective parent companies (if any), subsidiaries, affiliates, successors, assigns, and members of their immediate families (parents, siblings, children and spouses, regardless of where they live), and those persons living in the same household with such persons, whether related or not, are ineligible to enter. Winners will be required to sign an affidavit of eligibility, liability release and, unless prohibited by law, publicity release.
- ENTRY PERIOD. The Contest begins at 9:00 a.m. Eastern Time (ET) on November 2, 2022 and ends at 11:59:59 p.m. ET on November 25, 2022 (the “Submission Period”).
- DISQUALIFICATION. Without limitation, an Entrant may be disqualified from being eligible to participate in the Contest, at Sponsor’s sole discretion, if (i) Entrant has a pending arrest or conviction for a felony or misdemeanor involving moral turpitude, (ii) Entrant is subject to a restraining order; (iii) Entrant fails to meet the Method of Submission & Submission Requirements in Section 4; or (iv) Entrant violates or fails to comply with these Official Rules.
- METHOD OF SUBMISSION & SUBMISSION REQUIREMENTS. There are three steps to enter the Contest. Entrant must (i) access the website located online at https://trexorobotics.com/reserve-your-trexo-home/ and successfully complete the reservation form at that page and pay the sum of $100 online via credit or debit card to make a reservation to obtain a Trexo Home device from Sponsor; (ii) complete and return to Sponsor the Trexo Home assessment form by 11:59:59 on November 15, 2022; and (iii) submit a document or file on this page https://form.jotform.com/222934228689064 explaining how you would help someone else and “pay it forward” if you were to be selected as a winner. The submission may be either a written explanation or an audio, visual or audiovisual file that clearly and concretely explains what you would do and the steps you take to fulfill your “pay it forward” idea (the “Submission”). Each Entrant may submit only one Submission. In the event an Entrant submits more than one Submission, the first Submission shall be deemed the Entrant’s Submission, and all additional Submissions will be disqualified.
By uploading a Submission in the Contest, the Entrant represents that the entire Submission meets the following additional requirements:
- The Entrant is the creator and owner of the document or file which is the subject of the Submission;
- The content of the document or file which is the subject of the Submission was created solely by Entrant and not as part of a group;
- The Submission cannot be obscene or offensive, or endorse any form of hate or hate group;
- The Submission cannot defame, misrepresent or contain disparaging remarks about Sponsor, Administrator or other people, products or companies;
- The Submission cannot contain or reference trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- The Submission cannot contain copyrighted materials owned by others;
- The Submission cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, other than the Entrant members; and
- The Submission cannot depict or encourage, and cannot itself be, a violation of any law.
Entrant retains ownership of all rights and interests in and to the Submission, if any, but Sponsor will retain, and will not return, the copies of the Submissions it receives. All Submissions are subject to the Trexo Robotics Terms & Conditions and Privacy Policy. To the extent that there is any conflict between these Official Rules and the Terms & Conditions, these Official Rules will control. Sponsor reserves the right to disqualify a Submission at any time, in Sponsor’s sole discretion.
- ENTRANT REPRESENTATIONS, WARRANTIES & GRANT OF RIGHTS. By submitting a Submission, each Entrant acknowledges and understands that the Submission may be posted, reproduced, distributed, publicly displayed, publicly performed, and otherwise used for commercial, promotional and/or non-promotional activities by Sponsor and/or Administrator as they see fit in their sole discretion in perpetuity. Entrant hereby irrevocably grants to Sponsor and Administrator, and their respective parent companies (if any), subsidiaries, affiliates, licensees, designees, and authorized agents an irrevocable, nonexclusive, unlimited, worldwide, sublicensable (through multiple tiers), compensation-free license and right to reproduce, distribute, publicly display, publicly perform, and transmit the Submission in any and all media formats, whether now existing or hereafter devised, for commercial and non-commercial purposes in perpetuity. Entrant represents and warrants that the Submission: (a) is an original work of Entrant, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. AFTER ENTRANT SUBMITS A SUBMISSION, THE ENTRANT IS PROHIBITED FROM (1) TRANSFERRING ANY OWNERSHIP INTEREST IN THE SUBMISSION TO ANYONE, AND (2) GRANTING ANY EXCLUSIVE RIGHT TO ANY OTHER THIRD PERSON. THIS RESTRICTION ENDS IF THE ENTRANT’S SUBMISSION IS NOT SELECTED AS A WINNING SUBMISSION (AS DEFINED IN SECTION 8).
- PRIZES: There are four prizes made available in this contest, two grand prizes and two second prizes. The grand prize winners and second prize winners are referred to herein as “Winner” or “Winners.”
The Grand Prize; Conditions & Requirements. The two grand prizes each consist of one (1) year’s free use of one (1) Trexo Home device and one (1) Rifton Dynamic Pacer gait trainer for a one-year period beginning on the date after training is completed, as set forth below. The grand prize winner must agree to and sign Sponsor’s standard Trexo Home lease agreement as a condition of receiving the grand prize. The lease contains a three-year term. At the end of the first year of the three-year term, each grand prize winner may elect to either return the Trexo Home device to Sponsor and all obligations under the lease will be terminated, or retain the Trexo Home device for the remainder of the duration of the lease subject to the terms and conditions of the lease, including, without limitation, the payment terms thereunder. If the grand prize winner elects to return the device to Sponsor and terminate the lease, it must provide at least 60 days written notice to Sponsor prior to the end of the first year of the lease notifying Sponsor of its intention to return the device and terminate the lease. Written notice may be sent to Sponsor via email to support@trexorobotics.com or via letter at the following: Attn: Account Coordination, Trexo Robotics Inc., 3-6705 Millcreek Dr., Mississauga ON L5N 5M4. Grand prize winners are responsible for the cost of shipping the Trexo Home device to and from Sponsor. The approximate retail value of the grand prizes is $37,600 – $44,100 (depending on sizing of the device and gait trainer) for a total of $75,200 – $88,200. Grand prize winners must be able to take delivery of the grand prizes by January 1, 2023.
The Second Prizes. The two second prizes consist of Trexo Home manual treadmill. The second prize winners are responsible for paying the shipping costs from the place of shipping to the second prize winners’ place of destination. Each second prize comes with a one-year manufacturer’s limited warranty. During the first year of the warranty, all matters relating to the operation, maintenance and repair of the treadmills must be directed to Trexo. Second prize winners must be able to take delivery of the grand prizes by January 1, 2023. The approximate retail value of the grand prizes is $1,000 each for a total of $2,000.
The Entrant’s name, image, likeness, trademarks, personal attributes and biographical information may be credited in connection with each winning Submission. Winner is solely responsible for all costs and expenses associated with the Prize. Prize is subject to availability and may be changed or modified at Sponsor’s sole discretion. If requested, each Winner shall provide Sponsor with valid identification and a valid taxpayer identification number, social security number or equivalent as a condition of the prize being awarded. The Prize is not transferable, redeemable for cash or exchangeable for any other prize. The approximate retail value of all prizes is $77,200 – $90,200. ODDS OF WINNING DEPEND ON THE QUANTITY AND QUALITY OF THE ENTRIES.
- JUDGING CRITERIA. The Winners will be selected by a panel of four judges who are previous winners of Trexo Robotics contests. The judges will be selecting what they perceive to be the best three Submissions (one for the grand prize and two for the second prizes) based on the following criteria:
- 25% based upon the creativity of the idea. Example: not a simple donation to an organization, but a more creative act that will make a positive impact in the life of an individual or community;
- 25% based upon the uniqueness and creativity of the presentation the Submission. Examples: humor, artistic talent, singing, acting
- 25% based upon how realistic the idea and how reasonably it could be carried out; and
- 25% based upon the impact it will have on the person or community, combined with the concept underlying the Submission being in alignment with the values of Trexo Robotics, which include kindness, acceptance, doing good, innovation, family and being community focused.
- SELECTION OF WINNERS; NOTIFICATION: The Entrants whose Submissions are selected as winning submissions (“Winning Submissions”) shall be the “Winners.” Sponsor will select the Winners and Winning Submissions on or about December 2, 2022; will announce the Winners on Sponsor’s Instagram and Facebook on December 2, 2022; and will post the names of the Winners and Winning Submissions on or before December 2, 2022 on the Sponsor’s website located at www.trexorobotics.com. Sponsor will notify Winners by contacting Winners using the contact information provided by Winners when completing the Submission form. Winners will be required to sign and return an Affidavit of Eligibility, Publicity Release (unless prohibited by law) and a Liability Release. In the event of failure to return the documents and/or requested information, or the return of any prize or prize notification as being undeliverable, Winners will forfeit the prize and an alternate winner may be selected in the same manner as set forth in the judging criteria. Three alternate winner selections will be conducted, after which any remaining portion of the prize will remain unawarded. All decisions of Sponsor are final. The Contest and entry thereto are void where prohibited or restricted by law. SPONSOR WILL DELETE ALL SUBMISSIONS RECEIVED DURING THE CONTEST, EXCLUDING THE WINNING SUBMISSIONS, WITHIN THIRTY (30) DAYS AFTER ALL WINNERS IS SELECTED.
- TAXES. The valuation of the prize stated above is based on reasonably available information provided to the Sponsor. The value of any prize awarded to the Winner will be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Entrants winning over $600 in prizes who are U.S. residents or citizens will receive an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS.
- PRIVACY & TERMS: Information submitted by Entrant will be subject to the Terms & Conditions of the Contest Website and Sponsor’s Privacy Policy (“Policy”), both of which are incorporated herein by reference.
- DISCLAIMER. THE PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
- INDEMNIFICATION. ENTRANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, FACEBOOK, TWITTER, YOUTUBE AND THEIR RESPECTIVE PARENT COMPANIES (IF ANY), SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF THE RESPECTIVE FOREGOING’S PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, CONTEST JUDGES, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COURT COSTS) ARISING OUT OF RELATING TO ANY ACTUAL OR CLAIMED INFRINGEMENT OF ANY PATENT, COPYRIGHT, MASK WORK, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY, PROPRIETARY, CONTRACTUAL OR OTHER RIGHT OF ANY THIRD PARTY, WITH RESPECT TO THE SUBMISSION SUBMITTED IN THIS CONTEST.
- LIMITATIONS OF LIABILITY, RELEASE & FORCE MAJEURE: The Released Parties (as defined in the next paragraph below) are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of any website, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest; (vi) any typographical errors in the announcement of the Prize or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to Entrant’s or any other person’s computer equipment resulting from participation in the Contest, use of any website or the download of any information from any website; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws, and/or (xi) lost, stolen, or destroyed passports, airline tickets, hotel reservation documents, or any other items or materials required to claim, use or benefit from the Prize. ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Sponsor, Administrator, Facebook, Twitter Instagram and YouTube and their respective parent companies (if any), subsidiaries, affiliates, successors, assigns; and each of the respective foregoing’s past, present and future officers, directors, owners, shareholders, members, managers, partners, principals, Contest judges, employees, agents and representatives (collectively “Released Parties”) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission of any third party; or (ii) by any cause, condition, or event beyond the control of the Released Parties, including, without limitation, any act of God, war, terrorism, pandemic, riot, hurricane or fire. BY ENTERING THE CONTEST, ENTRANT FULLY AND UNCONDITIONALLY RELEASES, DISCHARGES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, EXPENSES, ATTORNEY’S FEES, DAMAGES AND OTHER LIABILITIES ARISING OUT OF OR RELATING TO ENTRANT’S PARTICIPATION IN THIS CONTEST AND CONTEST-RELATED ACTIVITIES (SUCH AS ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, DEMANDS, CLAIMS AND CAUSES OF ACTION FOR INTELLECTUAL PROPERTY INFRINGEMENT, RIGHTS OF PUBLICITY OR PRIVACY VIOLATIONS, NEGLIGENCE, DAMAGES TO PROPERTY, BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF CONSORTIUM, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ALL OTHER FORMS OF CLAIMS, LIABILITIES AND DAMAGES.
By entering the Contest, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
By entering the Contest, Entrant (on his/her behalf and on behalf of his/her heirs, executors, administrators, personal representatives, and all other persons asserting rights of or acting on behalf of Entrant) hereby unconditionally waive and relinquish any right or benefit which you or such person(s) have or may have against the Released Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Terms & Conditions, and Sponsor’s Privacy Policy.
- DISPUTE RESOLUTION: All disputes arising under or relating to the Contest and/or these Official Rules shall be governed by the laws of Ontario, Canada, without regard for conflicts of laws principles. All disputes arising under or relating to the Contest and/or these Official Rules shall be submitted to and resolved by binding arbitration in Toronto, Ontario, and any award shall be confirmed in the courts situated in Toronto, Ontario. The parties irrevocably agree that the courts situated in Toronto, Ontario shall have exclusive jurisdiction and venue for the purposes of confirming the any arbitration award, and for all other disputes arising out of or relating to these Official Rules that may found not to be arbitrable, and the parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted pursuant to the Commercial Arbitration Act and shall further be conducted on a confidential basis pursuant to the Rules of the Canadian Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorney’s fees. Any such arbitration shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity.
- WAIVER OF JURY TRIAL; NO CLASS ACTION. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
- GOVERNING LAW. By participating in this Contest, you agree to be bound by these Contest Rules. All decisions of the Sponsor with respect to any aspect of the Contest and these Contest Rules, including, without limitation, the eligibility of Submissions and the Winners are final and binding on all Entrants. For Canada-based Participants, the = applicable law governing this Contest shall be that of the Province of Ontario, For US-based Participants the applicable law governing this Contest shall be that of the State of California, USA.
All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a court located in Toronto, Ontario Canada with respect to any matter arising hereunder or related hereto. These Contest Rules state all of the terms and conditions governing the Contest.
WINNER LIST/OFFICIAL RULES: To obtain a copy of the Official Rules and Winner list, send a self-addressed stamped envelope (except for residents of Vermont, who do not have to provide postage) to Sponsor at the address set forth above. All such requests must be received by January 2, 2023.