Black Friday “Win a temi” terms
WIN A TEMI PROMOTION
OFFICIAL PROMOTION RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW
PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING THE WIN A TEMI PROMOTION. BY ENTERING THIS PROMOTION, YOU REPRESENT THAT YOU MEET ALL ELIGIBILITY REQUIREMENTS SET FORTH HEREIN, AND YOU AGREE TO BE LEGALLY BOUND BY THESE RULES.
Sponsor; Rules
The Win a Temi Promotion (the “Promotion”) is operated and sponsored by Temi USA Inc. (“Temi”) 45 West 21st Street, New York, NY 10010. [Temi may promote and advertise this Promotion using services provided by Instagram, Inc. (“Instagram”), Facebook, Inc. (“Facebook”), or Twitter, Inc. (“Twitter”); however, this Promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or Twitter.] These official rules (“Rules”) constitute a legally binding agreement between Temi and each entrant in the Promotion. If you do not agree to be legally bound by any of the terms and conditions herein, you may not enter the Promotion. Failure to comply with these Rules will void a participant’s entry. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Promotion Period
The Promotion will run from November 1st, 2019 12am Eastern Standard Time (EST) Zone until November 28th, 2019 11:59pm EST Zone (the “Promotion Period”).
All entries must be received during the Promotion Period. Any entries made after the Promotion Period will not be eligible. Entries will not be acknowledged or returned.
Eligibility
The Promotion is open only to individuals who are legal residents of the fifty (50) United States and District of Columbia at the time of entry (excluding residents of the State of Rhode Island, Puerto Rico, all U.S. Territories and all overseas military installations). You must be eighteen (18) years of age or older as of the date of entry (each participating individual shall be referred to as the “Participant”). Employees of Temi and its respective parent companies, subsidiaries and affiliated companies and all divisions, officers, directors, agents, advertising and promotional agencies, as well as members of the Immediate Family (as defined below), of any such employees, are not eligible to participate or win. The term “Immediate Family” includes spouses, siblings, step-siblings, parents, step-parents, children, step-children, grandparents, and grandchildren and any other persons residing at the same household, whether or not related.
The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply.
How to Enter:
There are multiple ways to enter the Promotion during the Promotion Period, as described below.
Newsletter Entry:
- Sign up to the Temi newsletter (the “Newsletter”) – Go to www.robotemi.com/newsletter and fill out your details in the form (full name and email address). Signing up to the Newsletter is free and will automatically enter you into the Promotion.
- If you are already Newsletter subscriber, you can enter the Promotion by following the instructions on our designated entry posts on our social media channels, and providing your full name and email address. There is no cost to enter via our social media channels.
Alternative Method of Entry:
You may submit an entry manually (offline) by completing the following steps: Hand print your full name, date of birth, address, and email address on a postcard or on a separate piece of paper and mail the postcard or paper in an envelope to Temi USA Inc., 45 West 21st Street, New York, NY 10010.
Only one (1) entry per Participant is allowed during the Promotion Period, regardless of the method of entry. Multiple entries by a Participant by either the same method or more than one method is prohibited. The use or attempt to use any automated software or computer programs to register or enter the Promotion is prohibited and will disqualify the Participant from winning.
By entering the Promotion, either by signing up for Temi’s Newsletter, entering through Temi’s social media posts, or by submitting a manual entry by mail, you agree to receive marketing emails from Temi and our affiliates. You will always have the ability to opt out of future marketing emails by clicking “Unsubscribe” on such emails. Please refer to our Privacy Policy for more information at https://www.robotemi.com/privacy-policy/.
Privacy
Entries are subject to Temi’s privacy policy https://www.robotemi.com/privacy-policy/.
Draw of Winners and Announcement: On November 28th, 2019 (1 Day before Black Friday), Temi will select one (1) winner by a random drawing from all eligible entries received during the Promotion Period (one “Winner”). Announcement of the winner will be made no later than November 29th, 2019.
Odds of Winning.
Odds of winning depend upon the number of eligible entries received.
Notification of Winners
Winner will be notified via email no later than November 30th, 2019 (the “Notification”). Winners will be required to confirm receipt of notification and confirm personal details and delivery address no later than three (3) business days of the day such Notification was sent. Winners who do not confirm receipt of Notification on time will be disqualified from winning. Winners who provide false or inaccurate personal details will be disqualified. Disqualified individuals will be removed from the Winners list, and a new Winner will be selected by a random drawing. Notification will be made only to the email address provided upon entry and Temi will not be responsible for failure to deliver the Notification due to change of email address or any issue or malfunction in the Winner’s email account, server or internet connection. If Temi is unable to contact any Winner or if the Winner fails to comply with these Rules or applicable law, the Winner’s prize is forfeited and an alternative Winner will be selected by random drawing.
In the event of a dispute over the identity of a Winner, entries will be deemed made by the authorised account holder of the email account submitted at the time of entry. The authorised account holder is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Temi will disqualify anyone suspected of entering by opening two separate accounts with different email addresses. A Winner may be required to provide Temi with proof that he or she is the authorised account holder of the email address associated with the winning entry, and that all eligibility requirements are met. If a dispute cannot be resolved to Temi’s satisfaction, the affected entry will be deemed ineligible. Participants are responsible for notifying Temi in writing of a change in any contact information including email address.
Winner will be required to provide Temi with a valid social security number for tax reporting purposes, and may be required to execute and return a federal 1099 tax form or other applicable tax documents, including an affidavit of eligibility. If a selected Winner cannot be contacted, is ineligible, fails to claim the Prize, and/or fails to return the required documents within the time period required by Temi, Temi may elect to disqualify the selected Winner, who will then forfeit his or her right to receive the Prize.
Prizes
The Winner will receive a “Temi the Personal Robot”, with a retail value of $1,999 (the “Prize” or the “Temi Robot”). Prizes are limited to one (1) unit per Winner. The Prize is non-transferable and no substitution, including cash substitution, requested by the Winner is allowed. Temi reserves the right to substitute the Prize at its sole discretion.
Delivery
Delivery of each Prize shall be made to the address provided by the Winner following the Notification. Delivery will be made via courier and the Winner will be solely responsible to be available to accept such delivery. Any additional costs resulting from failure to accept the Prize will be borne by the Winner. Temi will not be responsible for failure by the Winner to accept the Prize. A Prize that is returned to Temi by the courier due to failed delivery, will disqualify the Winner. Participants acknowledge and agree that Temi cannot provide an estimated delivery date of Prize until further notice.
Release and Indemnification
By participating in this Promotion, Participants hereby agree indemnify, release and hold harmless Temi, its affiliates, and its and their shareholders, officers, directors, employees, agents, and representatives, [as well as Facebook, Twitter, and Instagram] (the “Temi Parties”) from and against any and all claims, demands, suits, liability or actions of any kind whatsoever for injuries, damages, or losses to persons or property as a result, directly or indirectly, of (a) Participant’s participation the Promotion, (b) Participant’s acceptance, possession, or use of the Prize, (c) a breach or allegation which if true would constitute a breach by Participant of any of the representations, warranties or obligations herein, (d) any unintended error in these Rules, (e) incomplete, lost, late, stolen, damaged, misdirected or illegible entries or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, the Temi Parties, or otherwise, that may limit an Participant’s ability to participate in the Promotion, (f) any interruptions in or postponement, cancellation or modification of the Promotion or these Rules; (g) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Temi Parties or by a Participant. Participants acknowledge and agree that the use of Temi Robot by the Winners is subject to all the terms and conditions of Temi, including, but not limited to, Terms of Use (https://www.robotemi.com/terms-of-use/), Privacy Policy (https://www.robotemi.com/privacy-policy/) and After Sale Policy (https://www.robotemi.com/warranty/).
Participants further agree that Temi Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Promotion and/or the awarding of any Prize. Temi Parties will not be liable to the Winners or any other person for failure to supply any Prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction, or any other cause beyond Temi Parties’ control. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims, to the extent permitted by law. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE APPLICABLE PORTIONS OF THESE RULES MAY NOT APPLY TO YOU.
Taxes
Winner will be solely responsible for any and all fees, federal, state and local taxes and any costs and expenses relating to the acceptance, possession and use of the Prize, unless otherwise provided in these Rules.
Use of Personal Information
Except where prohibited, all Winners unconditionally permit Temi to use their names, city and state of residence, biographical information, characters, photographs, voices, videotape, likenesses and statements in connection with Promotion for promotional purposes in any media, worldwide and at any point and time, without additional consent or compensation. All such use will at all times comply with our Privacy Policy (https://www.robotemi.com/privacy-policy/).
Conduct and Decisions
By entering this Promotion, Participants hereby unconditionally acknowledge and accept these Rules and the decisions of Temi which will be binding and final. Temi reserves the rights to cancel or change the terms and conditions of the Promotion and these Rules at its sole discretion. Failure to comply with these Rules and any attempt by a Participant or anyone on their behalf to temper with, or otherwise affect in any way, the procedures and operations of this Promotion, will disqualify the Participants. Temi reserves the right to seek damages or any other remedy in the event of violation or attempted violation of these Rules to the full extent permitted by law. For a copy of these Rules, send a stamped (VT residents omit postage), self-addressed envelope to: Temi USA Inc. 45 West 21st Street, New York, NY 10010, or an email to social@robotemi.com. Subject: Win a Temi Promotion. Requests must be received no later than November 27, 2019.
Miscellaneous
The invalidity or unenforceability of any provision of these Rules will not affect the validity or enforceability of any other provision. If any provision of these Rules is deemed invalid, illegal or unenforceable, the rest of the Rules will remain in full force and effect.
Winners List
For a winner list, where required by law, send a stamped, self-addressed envelope no later than ninety (90) days after the end date of the Promotion to 45 West 21st Street, New York, NY 10010.
Disputes; Choice of Law
The Promotion and shall be governed by laws of the State of New York without giving effect to any conflict of law provisions. By entering the Promotion Participant agrees that all legal dispute or action thereof will be subject to the exclusive jurisdiction of the federal and state courts of the State of New York. Except where prohibited by law, all claims, disputes and causes of action with connection to this Promotion or the Prize, shall be resolved individually without resort to class action. Participant hereby waives all rights to claim punitive, incidental or consequential damages and all rights to have damages multiplied or otherwise increased and any other damages, other than for out-of-pocket expenses actually incurred.