By participating in the Knix Sport your Period™ campaign (the “Program”), you agree to be legally bound by these Terms and Conditions, including but not limited to, BINDING ARBITRATION, DISCLAIMERS OF WARRANTY, DAMAGES AND REMEDY EXCLUSIONS AND LIMITATIONS AND A CHOICE OF ONTARIO (CANADIAN) LAW. The terms “you” and “user” refer to anyone who participates in the Program. Please read these Terms and Conditions before participating in the Program.

No further payments will be granted by Knix Wear Inc. (“Knix”) once the Maximum Fund Limit, as described herein, is reached

 PROGRAM PERIOD.

a.    The Program begins at 12:00:01 PM ET on July 18, 2024 and ends at 11:59:59 PM ET on November 1, 2024 or when the Maximum Fund Limit is reached, whichever comes first (the “Program Period”). All submissions must be submitted in accordance with these Terms and Conditions during the Program Period.

b.   To submit an entry, Eligible Athletes must visit www.sportyourperiod.com during the Program Period and submit complete and accurate information and supporting documentation specified therein.

3. HOW TO PARTICIPATE AND POTENTIALLY EARNED PAYMENT DETAILS: eligible Social Media Amplification submissions and Third Party Media Amplification submissions, (collectively, “Submissions”) must meet the criterion described in this section 3:

a.    SOCIAL MEDIA AMPLIFICATION (Shall not exceed $1000 per Eligible Athlete)

Step 1: During the Program Period, an Eligible Athlete creates a: (i) Instagram Reel, (ii) Instagram In-Feed Post, (iii) Instagram 24-hour Story, or (iv) TikTok post where Eligible Athletes share their personal experience menstruating while competing in an Eligible Sport.

The Sport Your Period™ initiative aims to reward period advocacy and normalize the topic of periods in sports, and we would love for inspirational, strong athletes like you to share your experiences and challenges around competing through menstruation, and why it’s important to you to bring awareness to this initiative.

It is your responsibility to comply with all applicable laws, regulations and rules, including from any athletics associations such as Rule 40.

Step 2: On the applicable social media platform, tag @Knix and include #SportYourPeriod

Step 3: Visit www.sportyourperiod.com and complete all information required for the Submission

Step 4: Upload the supporting materials as requested on the Program Submission

Step 5: Click “I agree” with both checkboxes under the applicable Terms and Conditions

b.   THIRD PARTY MEDIA AMPLIFICATION (Shall not exceed $1000 per Eligible Athlete)

Step 1: During the Program Period and during a television interview, radio interview or podcast, Eligible Athlete speaks about their experience with menstruation while training, practicing or competing. No obligation to mention Knix or “Sport your Period™”. 

It is your responsibility to comply with all applicable laws, regulations and rules, including from any athletics associations, such as Rule 40.

Step 2: Visit www.sportyourperiod.com and complete all information required for the Submission

Step 3: Upload the supporting materials as requested on the Program Submission

Step 4: Click “I agree” with both checkboxes under the Terms and Conditions

c. Potential Earned Payment per Eligible Athlete shall not exceed $2,000:

For each Eligible Social Media Amplification Submission, Knix shall pay up to a maximum of $1,000 per Eligible Athlete, in accordance with the table above. For each Eligible Third Party Media Amplification Submission, Knix shall pay up to a maximum of $1,000 per Eligible Athlete, in accordance with the table above. For clarity, an Eligible Athlete may receive up to a maximum of $1,000 in connection with qualifying Social Media Amplification Submissions and up to a maximum of $1,000 in connection with qualifying Thirty Party Media Amplification Submissions.

4.    VERIFICATION, PROCESSING AND APPROVAL. All Submissions in connection with the Program will be subject to verification and approval by Knix. Incomplete or inaccurate Submissions will be disqualified. Upon successful verification, processing and approval by Knix, payment will be processed within 30 days.  All Submissions are subject to verification at any time and for any reason. Knix reserves the right, in its sole and absolute discretion, to request additional information when processing a Submission. If a Submission is incomplete or fails to meet any of the Terms and Conditions, no payment will be issued. Participants should maintain copies of all Submission documents. All Submissions become the property of Knix.  

5. MAXIMUM FUND LIMIT. The maximum amount to be paid by Knix to Eligible Athlete participants in connection with this Program shall not exceed the sum of $100,000 Canadian dollars ($100,000 CAD) (the “Fund Limit”). Any amount requested or accrued after the Fund Limit has been reached shall not be eligible for redemption or payment and any such submission shall be denied.

6. COMMUNICATION. Knix may be contacted via the provided email address or phone number for purposes of verification and notification of Program submission status.

7. KNIX DISCRETION. Knix reserves the right to modify, suspend or terminate the Program at any time, without prior notice.

8. RELEASE OF SOCIAL MEDIA AMPLIFICATION SUBMISSIONS. You hereby provider Knix the right to use your Social Media Amplification Submissions (“Content”). You hereby irrevocably agree that Knix may use, reproduce, alter, modify, edit, copy, display, broadcast, publish, republish, create derivative works from, transmit and otherwise exploit the Content in any manner, including in print, electronic, digital and on any and all other media or materials whatsoever, throughout the world, including without limitation on the Internet and on social media platforms, for promotional, marketing, publicity, advertising, sales, promotion, business, or any other lawful purposes whatsoever, on a perpetual basis, without restriction and without further consideration or further compensation or further approval from you. For the avoidance of doubt, you hereby irrevocably agree that the Content may be incorporated into or used in connection with any other content, materials, photographs, videos, images, tapes, films, and audio, video, or digital recordings, and may be used with the performance of others and with any sound effects, special effects and music. You hereby acknowledge and agree that Knix Wear Inc. owns all rights to the Content, including without limitation all results and proceeds of my services rendered in connection herewith. You agree to assign, and do hereby assign, to Knix Wear Inc. all right, title and interest throughout the world, including without limitation all intellectual property rights, in and to the Content, including without limitation all results and proceeds of your services rendered in connection herewith, effective at the time of creation. You irrevocably waive all moral rights and other non-assignable rights relating to the foregoing.

You hereby irrevocably agree that Knix may use your name, voice, likeness and any other biographical details, information about you in connection with the Content and for any publicity and promotional purposes or any other lawful purpose on a perpetual basis.

9. PRIVACY AND DATA PROTECTION. By participating, you agree to Knix use of your personal information as described in its applicable privacy policy located at knix.ca and knix.com.

10. DISQUALIFICATION. Knix is not responsible for computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Knix reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Program including the program website or the operation of the Program or to be acting in violation of these Terms and Conditions. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law and should such an attempt be made, Knix reserves the right to seek damages from any such person to the fullest extent permitted by law. Any attempt to use fraudulent, repetitive, fictitious or altered submissions will result in immediate disqualification.

11.  GOVERNING LAW. This Program is governed by the law of the province of Ontario and any dispute will be subject to the jurisdiction of the appropriate courts. By participating in this Program, you agree to abide by these Terms and Conditions. Knix reserves the right to amend or modify these Terms and Conditions at any time, and all decisions made by Knix are final and binding.

12.  ARBITRATION, WAIVER OF RIGHT TO JURY TRIAL and AGREEMENT TO INDIVIDUAL RESOLUTION.

a.    Agreement to Mandatory Arbitration, Choice of Court. Any controversy or claim arising out of these Terms and Conditions and/or the Program shall be settlement by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by Knix (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

b.   Applicable Law, Severability. In resolving a claim for arbitration, the arbitrator shall apply Ontario law consistent with applicable statutes of limitations and shall honor claims of privileged recognized at law.  If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, the then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute.  Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

13.  JURY WAIVER. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT PARTICIPATE IN THE PROGRAM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

14.  CLASS ACTION WAIVER. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

15. CURRENCY REFERENCES. All references to currency in these terms and conditions are expressed in terms of Canadian dollars. 

17. PROGRAM UPDATES AND ADDITIONAL TERMS.

a.    From time to time, Knix may update the Program and these Terms and Conditions. Knix reserves the sole right to either modify or discontinue the Program at any time with or without notice to you, if any fraud, bugs, virus, technical failures, Force Majeure or any other factor beyond its reasonable control impairs the integrity or proper functioning of the Program, or for any other reason, as determined by Knix, in its sole discretion. An event of “Force Majeure” means an act beyond Knix’s reasonable control, including, but not limited to, acts of God, including but not restricted to, fire, storm, flood, or earthquake, explosion, accident, acts of the public enemy, war, actual or threatened terrorism, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, transportation embargoes, electronic virus, electronic attack or infiltration, internet disturbance, or governmental enactment, rule or regulation.

b.   Knix is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate Program submission information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the processing of the Program submissions. Knix is not responsible for any change of email address, mailing address, and/or telephone number of users.

c. Compliance with applicable tax filing obligations and payment of any applicable taxes is your responsibility. 

d.    Knix shall not be liable to you or any third party should Knix exercise its rights hereunder. Knix’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.