SWEE Index Contest

OFFICIAL RULES FOR SWEE INDEX CONTEST
(August 8, 2024 - August 31, 2024)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Eligibility: The SWEE Contest (the "Contest") is open to legal residents of the United States who are at least 18 years old at the time of entry. Employees of SWEE, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the "Employees"), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
  2. Sponsor: The Contest is sponsored by SWEE, located at 638 N US HWY 1, Box 144, Jupiter, FL 33469 ("Sponsor").
  3. Agreement to Rules: By participating, you ("You") agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of SWEE as final and binding as it relates to the content of this Contest.
  4. Contest Period: Entries will be accepted online starting on Thursday, August 8, 2024 at 12:00 AM Eastern Time and ending Saturday, August 31, 2024 at 11:59PM Eastern Time. All online entries must be received by Saturday, August 31, 2024 at 11:59PM Eastern Time.
  5. How to Enter: The Contest must be entered by posting a photo of your SWEE Index for a Down Plane: Iron swing (see Exhibit 1) and video of that swing from the SWEE Golf app on Instagram with the hashtag #SWEEindex. You must also tag @swee.ai. If you have a private Instagram account, you may Direct Message ("DM") @swee.ai or send us an email at hello@swee.ai. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of SWEE. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of SWEE.

Exhibit 1 (image of SWEE Index)
  1. SWEE Index: Each video entry will be automatically graded by the SWEE Golf app using the SWEE Index. The SWEE Index is an AI-generated score that evaluates the quality of the swing based on predefined criteria within the app.
  2. Judging Criteria and Notification: The winner will be determined solely based on the lowest SWEE Index score generated by the app for videos from the Down Plane angle using an iron golf club for all eligible entries submitted during the Contest Period. Submissions of SWEE Indexes from a “Down Plane: Driver” swing, a “Face On: Iron” swing, or a “Face On: Driver” swing will not be eligible. In the event of a tie, the tie break will be determined by who has the greatest number of green metrics in Line 6 - Impact phase of the submitted golf swing. If a tie remains, that tie break will be determined by the greatest number of green metrics in Line 5 - Mid Swing and move to subsequent lines, if still necessary and at SWEE’s discretion, until a winner can be determined. Winner will be notified by social media, direct message within five (5) days following the selection of Winner. SWEE shall have no liability for Winner's failure to receive notices due to spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited, and an alternate Winner selected. Receipt by Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
  3. Prizes: The Winner of the Contest (the "Winner") will receive a $500 cash prize. Actual/appraised value may differ at the time of prize award. The specifics of the prize shall be solely determined by SWEE Technologies, Inc. No cash or other prize substitution shall be permitted except at SWEE Technologies Inc's discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for SWEE Technologies Inc. to use Winner's name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
  4. Odds: The odds of winning depend on the number of eligible entries received and the SWEE Index scores generated by the app.
  5. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that SWEE, anyone acting on behalf of SWEE, and SWEE's licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of SWEE. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless SWEE from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which SWEE may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
  6. Terms & Conditions: SWEE reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond SWEE's control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, SWEE may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by SWEE. SWEE reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. SWEE has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, SWEE reserves the right to seek damages to the fullest extent permitted by law.
  7. Limitation of Liability: By entering, You agree to release and hold harmless SWEE and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment, (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service, (iv) unauthorized human intervention in any part of the entry process or the Promotion, (v) electronic or human error in the administration of the Promotion or the processing of entries.
  8. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MASSACHUSETTS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Massachusetts having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
  9. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the SWEE website. To read the Privacy Policy, https://www.swee.ai/privacy-policy.
  10. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, email your request to SWEE at support@swee.ai. Requests must be received no later than September 7, 2024.
  11. Sponsor: The Sponsor of the Contest is SWEE Technologies, Inc., located at 638 N US HWY 1, Box 144, Jupiter, FL 33469.
  12. Social Media Disclaimer: The Contest hosted by SWEE is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, X, or any other social media platform used to promote the Contest.
  13. By participating in the Contest, You, the entrant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.