MX4 Terms and Conditions

BACKGROUND

• Whereas, as part of the Campaign, Techtronic Industries EMEA Ltd. with registered address 22 Market Street, Maidenhead, SL6 8AD (hereinafter referred to as “TTI”) is conducting a campaign to obtain feedback and reviews of the Product; and
• Whereas, TTI has requested the Participant identified in the completed form found here [http://milwaukeetool.eu/competitions/mx4-sign-up-page/] to assist in connection with such evaluation activities, and the Participant has agreed to provide such assistance; and
• Whereas, the Participant has agreed to evaluate and provide a review of MX4 SDS+, to be commercially available from 01/06/2025; and
• Participation in the Campaign is available on a first come first served basis. A maximum of 2,500 Products are available to be redeemed by Participants after which the Campaign will cease to exist; and
• Now therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees to be bound by the terms of this agreement (hereinafter referred to as “Agreement”).

1.            Feedback

1.1.        In the course of the Participant’s participation in the Campaign, the Participant will receive the Product free of charge within 4 months of entry and be entitled to keep it once feedback has been provided. In consideration of receiving this free Product, the Participant will be requested to leave a review at the following webpage [https://milwaukeetool.eu/en-eu/sds-plus-mx4-drill-bits-4-cut/?openreviews=1#reviews] (collectively hereinafter referred to as “Feedback”). By submitting a review at the above link, Participants agree to the terms and conditions for leaving a review which can be found here https://www.milwaukeetool.eu/support/product-review-terms-and-conditions/. TTI is entitled to contact the Participant in order to obtain Feedback and to discuss Feedback with the Participant.

1.2.        With respect to the Feedback, the Participant represents and warrants that:

1.2.1.    the Feedback, including the Participant’s submission of it, does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;

1.2.2.    as applicable, the Participant has used the Product, to which the Feedback relates, in accordance with TTI’s instructions;

1.2.3.    the Feedback reflects the Participant’s honest opinions, findings, beliefs and experiences about or with the Product to which the Feedback relates.

1.3.        By providing Feedback, the Participant surrenders any and all ownership rights and licensed rights in the Feedback. The Participant transfers and assigns to TTI full and complete ownership rights to the Feedback on a royalty free and irrevocable basis. TTI shall be free to use or disseminate the Feedback on an unrestricted basis for any purpose, including marketing activities and promotional campaigns.

1.4.        The Participant understands and agrees that any and all intellectual property, and the rights therein, including any and all ideas, inventions (whether or not patentable), concepts, drawings, and other items or materials thought of or created as a result of their evaluation activities hereunder, whether created or thought of by the Participant or with someone else, shall be assigned to TTI.  Accordingly, the Participant agrees that said intellectual property and the rights therein are automatically assigned to TTI on a royalty free and irrevocable basis, and if not automatically assigned for any reason including by operation of law or otherwise, Participant agrees to assign said intellectual property and the rights therein to TTI without any additional compensation or other consideration of any kind being due to the Participant.

2.            Data Protection

2.1.        As part of the Campaign, TTI processes certain information relating to the Participant, including name, address, phone number, email address and other information that the Participant voluntarily submits that may identify the Participant personally (“Personal Information”).

2.2.        TTI will use Personal Information relating to the Participant in accordance with current applicable data protection legislation, in particular the General Data Protection Regulation (GDPR). Further information about the scope and the purposes of the processing by TTI as well as the applicable data protection rights are described in TTI’s Privacy Statement available at: https://www.milwaukeetool.eu/footer/privacy-policy/.

2.3.        TTI reserves the right to contact Participants to verify their Personal Information provided.

3.            Effective Date, Term and Termination.

3.1.        This Agreement shall be effective on the Commencement Date as stated above and shall terminate once the maximum number of available Products 2,500 have all been redeemed by Participants. However, TTI will be entitled to end the Campaign at any time. On termination, the Participant is entitled to keep the Product free of charge and provide TTI with the Feedback.

4.            Miscellaneous

4.1.        The Participant shall have no right, title or interest in or to the Product (save the right to possession and use of the Product subject to the terms and conditions of this Agreement), in particular shall have no right to sell the Product or give the Product as a gift to any third parties. TTI retains ownership of the Products both before, during and after the duration of the Campaign. The risk of loss, theft, damage or destruction of the Product shall pass to the Participant on delivery until such time as the Product is redelivered to TTI. The Participant shall give immediate written notice to TTI in the event of any loss, accident or damage to the Product arising out of or in connection with the Participant's possession or use of the Product.

4.2.        This Agreement does not create any agency or partnership relationship between the parties.

4.3.        This Agreement is not assignable or transferable by the Participant.

4.4.        This Agreement and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Place of jurisdiction shall be the seat of TTI.

4.5.        Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby. The failure or delay of TTI to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.