Potential winners will be required to complete, sign and return an affidavit of eligibility/publicity, IP license and release (“Prize Documentation”). Sponsor may require additional information from winners as part of this process; for example, the tax laws in some countries may require the potential winner to provide additional personal information in order for the Prize to be awarded. If these documents are not returned properly executed in the time period provided by the Sponsor in the notification, or if they are returned to the Company as undeliverable, that potential winner will not be eligible for a Prize and the Prize will be forfeited and awarded to an alternate potential winner at the Company’s discretion.
Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device, service or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Company, will be disqualified. If, in the Company’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, and/or the Contest is not capable of being conducted as described in these Official Rules, the Company shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Contest, and conduct a random drawing to select the Prize to successful entrants from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by the Company. Sponsor may also disqualify or prohibit a participant from participating in the Contest or winning a Prize in this or any other promotion conducted by Sponsor if in Sponsor’s sole discretion Sponsor determines that said participant has violated the Official Rules or has threatened or is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices, or intending to annoy, abuse, threaten, or harass any other participants or Sponsor’s representatives. The Company reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
If for any reason this Contest is not capable of running as planned, including but not limited to infection by computer virus, Internet failure, bugs, tampering, unauthorized intervention, fraud, a force majeure event, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity, fulfillment, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to terminate, suspend, or modify the Contest.
By participating in the Contest, you (a) release the Company and its affiliates, agents, representatives, officers, directors, shareholders, and employees ("Released Entities"), from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Contest, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the Prize that may be awarded; and (b) acknowledge that the Released Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a Prize including, without limitation, the Prize quality or availability. No Released Entity is responsible for incorrect or inaccurate printing or typographical errors in any promotion-related material, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website or to complete a telephone call, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to entrant’s or any other person’s computer or other equipment related to or resulting from participation in this Contest. By providing a Submission in the Contest, you agree that you are not putting Company on notice of any patent and you further agree not to assert any such patent against Company. By participating in this Contest, you agree that you (or any successor-in-interest to any claim of yours) will not use the fact that Company reviewed your Submission in any future lawsuit against Company.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized acts or omissions on the part of the Released Entities or any other person or entity furnishing services, products, or accommodations as a part of a Prize or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used or provided by the Released Entities or any person or entity furnishing services, products, or accommodations as a part of a Prize, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Released Entities, or (d) by any cause, condition, or event whatsoever beyond the control of Released Entities.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Company in connection with the Contest and any action related thereto will be governed and interpreted under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Entrants agree that any and all disputes, claims and causes of action arising out of or relating to the Contest or any Prize shall, in good faith, be amicably resolved between an entrant and the Company. In the event that an amicable resolution cannot be reached, all such disputes, claims or causes of action shall be exclusively resolved by binding arbitration (all aspects of which shall be kept strictly confidential) pursuant to the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, with arbitration to occur in San Francisco, California before a sole arbitrator, without resort to any form of class action. Entrants and the Company agree to give up any right to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. The laws of the jurisdiction where the entrant is located may differ from California law. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering into this Contest but in no event attorneys’ fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity or enforceability of any remaining provisions. Headings and captions used herein are solely for reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules.