This Echelon Equipment Naming Promotion (this “Promotion”) governs the terms by which individuals may submit a proposed name for a new exercise equipment product to be produced by Echelon Fitness Multimedia LLC or its affiliates (collectively, “Echelon”). By submitting a name, you are in the running to win a FREE Echelon strength machine (the “Prize”). Echelon will select a name from the submissions, and the winner will be announced by July 1, 2023. Subject to availability, Echelon estimates the Prize will be fulfilled and sent to the winning name submitter in early 2024. If your submission is chosen, it does not guarantee that you will win a free strength machine. In the event of similar or identical submissions, the machine will be given to the member who submitted the winning name first. By making a submission, you agree as follows: (a) you will not engage in any actions or activities that could damage or does damage the Echelon brand; (b) nothing contained in this Promotion shall be construed to place Echelon and you in a relationship as partners, joint venturers, employer/employee or principal/agent; (c) you have not taken and will not take any direction from Echelon in terms of the manner in which you submit any proposed name(s) or the content of any proposed name(s); (d) you shall not have any authority to create or assume in Echelon’s name or on its behalf any obligation, express or implied, or to act or purport to act as Echelon’s agent or legally empowered representative for any purpose whatsoever; (e) (i) Echelon will retain all intellectual property rights used to create, embodied in, used in and otherwise relating to the name you submit, the Prize and all other Echelon products and any of their component parts; (ii) any and all of Echelon’s intellectual property rights, including, but not limited to, the winning name submitted pursuant to this Promotion and selected by Echelon, are the sole and exclusive property of Echelon or its licensors; and (iii) you will not acquire any ownership interest in any of Echelon’s intellectual property rights as a result of submitting a winning name, including, but not limited to, any copyrights or trademarks associated with the name you submit; (f) any name you submit shall not be subject to any existing trademark or copyright registrations held by you or any third party; and (g) ECHELON RESERVES THE RIGHT TO REQUIRE ANY WINNER TO EXECUTE AN APPROPRIATE AGREEMENT AND RELEASE AS A CONDITION OF RECEIPT OF THE PRIZE. Further, by entering the contest contemplated by this Promotion, you represent and warrant that you are at least eighteen (18) years of age or older.
ECHELON MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SPECIFIC QUALITY OF ANY SERVICES, ITEMS OR FACILITIES PROVIDED UNDER OR IN CONNECTION WITH THIS PROMOTION. ECHELON EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF TRADE. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT NEITHER ECHELON NOR ANY OF ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, OR REPRESENTATIVES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER FROM WHATEVER CAUSE WITH RESPECT TO THE ACTIVITIES ARISING OUT OF THIS PROMOTION, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR FOR (I) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS OR (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
ALL ENTRIES MUST BE SUBMITTED BY July 1, 2023, AT 11:59 PM. NO MORE THAN ONE (1) ENTRY MAY BE SUBMITTED BY EACH INDIVIDUAL. THIS PROMOTION IS ONLY OPEN TO INDIVIDUALS AND NOT TO ANY ENTITY OR ORGANIZATION. ALL ENTRANTS MUST BE 18 YEARS OF AGE OR OLDER. ECHELON RESERVES THE RIGHT TO NOT SELECT A WINNER IF, IN ITS SOLE DISCRETION, NO SUITABLE ENTRIES ARE SUBMITTED. ECHELON RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT OR ENTRY AT ITS SOLE DISCRETION. THE WINNING SUBMISSION SHALL BECOME THE PROPERTY OF ECHELON. ACCEPTING THE PRIZE CONSTITUTES PERMISSION FOR ECHELON TO MAKE PUBLIC AND OTHERWISE USE THE WINNER’S NAME FOR PUBLICITY PURPOSES. FURTHER PERSONAL DATA MAY BE REQUESTED BUT IS NOT REQUIRED. PARTICIPATION CONSTITUTES THE ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES. BY PARTICIPATING IN THE CONTEST, THE ENTRANT IS REPRESENTING AND WARRANTING THAT HE/SHE HAS READ AND UNDERSTOOD, AND AGREES TO BE BOUND BY THESE RULES.