2019 Tek RMD Contest
NO PURCHASE NECESSARY TO ENTER OR WIN.
CONTEST DESCRIPTION: The 2019 Tek RMD Contest (the “Contest”) begins at 12:01 a.m. Mountain Time (“MT”) on April 1, 2019 and ends on or about November 10, 2019 (the “Contest Period”).
The Contest Period shall flow as follows:
- A “Submission Period” beginning at 12:01 a.m. MT on April 1, 2019 and ending at 11:59 p.m. MT on September 30, 2019;
- A “Public Voting Period” beginning at 12:00 a.m. MT on April 1, 2019 and ending at 11:59 p.m. MT on October 31, 2019;
- A “Final Judging Period” taking place from November 1, 2019 through on or about November 9, 2019; and
- The Grand Prize Winner announcement will take place on or about November 10, 2019.
The Contest provides eligible entrants with the opportunity to upload an essay of no more than five hundred (500) words describing why you or someone close to you deserves a TEK RMD by Matia Robotics (each, a “Submission” and collectively, the “Submissions”). If your Submission is about someone other than yourself, you must have that person’s permission to tell his or her story for purposes of this Contest. Submissions may also include a photo which may be used during the Public Voting Period, however only the essays will be judged during the Final Judging Period. Eligible Submissions will be posted to the “Website” (as described below) during the Public Voting Period for members of the general public to select their favorite. Then, the top ten (10) Submissions as determined during the Public Voting Period will be reviewed by a panel of qualified judges selected by “Sponsor” (as defined below) to determine the Grand Prize winner, as more fully set forth below.
The Sponsor of the Contest is Matia Robotics (US), Inc., 1929 S 4130 W, Unit A, Salt Lake City, UT 84104 (“Sponsor“). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ELIGIBILITY:Contest is open only to legal United States residents residing in the fifty (50) United States and Washington D.C. who are eighteen (18) years of age or older (19 in Alabama and Nebraska and 21 in Mississippi) (each, an “Entrant” and collectively, “Entrants”). Additionally, the Entrant or the person who is the subject of the Submission must have a valid prescription from a physician for a Tek RMD and provide same to Sponsor as described below. Employees, officers and directors of Sponsor, its subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize. Contest is void in Puerto Rico and U.S. territories and possessions and where prohibited by law.
HOW TO ENTER: To enter the Contest, during the Submission Period visit the website https://www.matiarobotics.com/contest(the “Website”), complete the entry form with your Submission and the information requested, and follow the instructions to submit your entry. Additionally, a valid prescription for a Tek RMD for the subject of the Submission (whether that be the Entrant or a third party) (the “Prescription“) must be sent to TEKRMDRX@MATIAROBOTICS.COMfrom the same email address that is provided on the registration form for an entry to be valid and considered for the Contest. A Submission will not be made available for public voting until a Prescription is received and verified.
Each Submission that is submitted into the Contest must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
- Submission must not exceed five hundred (500) words;
- Submission must be in English;
- Submission must be true;
- Any photos provided as part of a Submission must be a .jpeg or .gif file no larger than 3 MB;
- Submission must NOT contain or depict material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or material that contains any derogatory references to any Contest Entities;
- Submission must be entirely original to the Entrant and must NOT include mention or depiction of any copyrighted material (including but not limited to music, films, books, television programming) other than those related to the nominated charity/cause and must not infringe on any third-party trademarks (including, but not limited to brand names, product names, logos, insignia, location signage, photographs, artwork, etc.);
- Submission must NOT have been previously submitted to another Contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Sponsor’s sole discretion;
- Submission must NOT include materials that violate or infringe another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights;
- Submission must NOT include third parties/people, who have not expressly authorized entrant to feature their image, name, likeness, or personal information in the Submission or otherwise use such image, name, likeness, or personal information in accordance with these Official Rules. Entrant must provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons featured in the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission).
PUBLIC VOTING PERIOD AND FINALIST SELECTION: During the Public Voting Period, the eligible Submissions will be made available for viewing on the Website where visitors to the Website will have the opportunity to vote for their favorite Submission. Limit one (1) vote per person during the Public Voting Period. Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the voter and/or Finalist, at the Sponsor’s sole discretion. Fraudulent tampering includes but is not limited to: (i) use of proxy voting, (ii) registering for multiple accounts and/or using multiple e-mail addresses to establish accounts, (iii) offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote in any manner, or (iv) votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Public Voting Period. At the conclusion of the Public Voting Period, the ten (10) Submissions that receive the most votes will move on to the Final Judging Period as “Finalists”. In the event of a tie for the top ten (10) during the Public Voting Period, the tied Submissions will all move on to the Final Judging Period.
FINAL JUDGING PERIOD AND GRAND PRIZE WINNER NOTIFICATION:At the conclusion of the Public Voting Period, the ten (10) Finalists’ Submissions will be reviewed by a panel of qualified judges selected by Sponsor to determine the Grand Prize Winner based on the following equally weighted judging criteria: a) Originality/creativity; b) Relevancy of Submission; and c) demonstrated need for the Grand Prize. The judging of Submissions will be conducted under the supervision of Sponsor whose decisions are final and binding in all respects relating to winner selection. In the event of a tie, the tied Submissions will be judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein. The potential Grand Prize Winner, as determined by the judging panel indicated above, will be notified by telephone, email and/or overnight mail on or about November 10, 2019 and will be required to respond (as directed) to the notification attempt within seventy-two (72) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the Grand Prize and, in such case; Sponsor may select an alternate potential Grand Prize Winner according to the aforementioned judging criteria. The potential Grand Prize Winner will be required to execute, have notarized and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Sponsor (the “Prize Claim Documents“), within a reasonable amount of time, as determined by the Sponsor in its sole discretion. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the Grand Prize may be awarded to a runner-up.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is true and the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus and is otherwise uncorrupted; (iii) the Submission is wholly original with entrant; (iv) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (v) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (vi) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS:Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Sponsor and its successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsor from any liability with respect thereto.
PRIZE AND APPROXIMATE RETAIL VALUE:
One (1) Grand Prize is available consisting of a Tek RMD. The approximate retail value (“ARV“) of the Grand Prize is $19,995.00. Actual/appraised value may differ at time of prize award. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. The specifics of the prize shall be solely determined by Matia Robotics (US), Inc. No cash or other prize substitution shall be permitted except at Matia Robotics (US), Inc.’s discretion. In the event the Grand Prize winner has purchased a TEK RMD after March 31, 2019, but before the end of the Submission Period, Sponsor will reimburse the Grand Prize winner the purchase price of the TEK RMD.
GENERAL:Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Contest Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen submissions, or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the potential Semi-Finalists or winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or any other materials gathered for the Contest, or to otherwise exploit any Submission or any other materials gathered for the Contest or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Submission or any other materials gathered for the Contest for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER LIST:For the name of the Grand Prize Winner, send a stamped self-addressed envelope to: Matia Robotics (US), Inc., 1929 S 4130 W, Unit A, Salt Lake City, UT 84104, USA. Requests must be received no later than December 31, 2019.