SWIFT RESPONSE, LLC (FLEX SEAL)
2022 SOUTHERN CHRISTMAS SHOW GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN
Open Only to Natural Legal Residents of the contiguous United States (other than Rhode Island);
Void in non-contiguous United States or territories, including, without limitation, Puerto Rico, Hawaii, Alaska, U.S. Virgin Islands, and Where Prohibited by Law;
18 Years of Age and Older Only
These Official Rules, together with our Giveaways and Sweepstakes Terms and Conditions (the “Terms”) located at https://flexsealproducts.com/pages/terms-and-conditions#contest, govern your participation in the 2022 Flex Seal 12 Days of Christmas, Southern Christmas Show Giveaway (this “Giveaway”). In the event of any inconsistency with any advertising or other materials, these Official Rules shall govern.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION.
BY USING THIS SITE, AND PARTICIPATING IN THE GIVEAWAYS AND SWEEPSTAKES YOU WILL BE BOUND TO ARBITATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
DESCRIPTION OF THE GIVEAWAY; GIVEAWAY PERIOD: This Giveaway will run during the course of Sponsor’s participation at 2022 12 Days of Christmas, Southern Christmas Show (the “Show”), currently scheduled for November 10, 2022 through November 20, 2022 (“Giveaway Period”). Promptly following the end of the Giveaway Period, a designated Sponsor official or a third party designated by Sponsor will select two (2) winners (each, a “Winner”). There will be a total of two (2) Winners.
SPONSOR: Swift Response, LLC dba Flex Seal is the sponsor of this Giveaway.
PRIZE: Subject to the provisions of these Official Rules, the first selected Winner will receive a Flex Seal DIY Doormat Kit consisting of four 14 oz cans of Flex Seal spray, a blank doormat, a Cricut Explore 3 starter kit, a Cricut toolkit, and one pack of 12’ smart vinyl (collectively, the “Kit”) and the second selected Winner will receive a DIY Crafter’s Prize Pack consisting of three Flex Seal Mini cans, one Flex Shot (clear) can, one 16 oz Flex Seal Liquid (clear) can, one Flex Tape Mini (white), one Flex Glue Mini (white), one Flex Paste (1 lb, white), and certain arts and crafts supplies (the “Crafter Prize Pack,” and together with the Kit, collectively, the “Prizes”). The estimated retail value of the Kit is $426.00, and the estimated retail value of the Crafter Prize Pack is $230.00. THE TOTAL MAXIMUM VALUE OF THE PRIZES AWARDED TO THE WINNERS DURING THE GIVEAWAY PERIOD WILL BE: $656.00. Up to two (2) Prizes will be awarded. The Giveaway is limited to one (1) Prize per participant and one (1) Prize per household. In no event will more than the stated number of Prizes be awarded.
There will be no cash or other Prize substitution permitted except at Sponsor’s discretion. Each Prize is non-transferable, except in accordance with the laws of descent and distribution.
Each Winner is and will be solely responsible for all expenses related to a Prize, including without limitation any and all local, state, and federal taxes. Any expenses related to acceptance and use of a Prize not specifically stated (such as, without limitation, shipping, handling and other incidental charges or fees), are each Winner’s sole responsibility.
Sponsor reserves the right to substitute Prizes with an items of comparable or greater value, for any reason.
In the event that the Giveaway is cancelled or preempted for any reason, no rain checks, exchanges, substitutions or cash replacement value of a Prize will be provided, except at the sole discretion of Sponsor.
Sponsor does not endorse the organizations of any third-party products provided as part of any Prize, nor does it endorse, recommend, or favor the views they express or the products/services they offer. Sponsor’s use of any third-party trade, firm or corporation name is for the information and convenience of the public. Sponsor makes no claims, promises, or guarantees about any third-party products included in any Prize, including, without limitation, as to the quality, performance, adequacy, workmanship of any thereof and expressly disclaims liability of any sort.
ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
ELIGIBILITY: No purchase is necessary to participate in this Giveaway. The Giveaway is open only to natural persons who, as of the date of entry: (a) are legal residents of the 50 contiguous United States (other than Rhode Island) or the District of Columbia; (b) are 18 years of age or older; (c) are not “Blocked Persons,” which means a person who is, or is controlled by a person who is, included on any list maintained by the U.S. Office of Foreign Assets Control or any other governmental authority imposing economic sanctions or trade embargoes, or who is, or is controlled by a person who is, otherwise subject to applicable sanctions and/or money laundering or terrorist financing prohibitions; and (d) have agreed to these Official Rules. This Giveaway is limited to one (1) Prize per person and per household.
Employees and/or agents of Sponsor (and/or its subsidiaries, affiliates and/or divisions) and of agents of Sponsor (and/or their affiliates, subsidiaries and/or divisions) and their respective affiliates, parent organizations, subsidiaries, divisions, trade partners, advertising agencies and associated marketing firms and other vendors involved in the promotion, development, or administration of the Giveaway (collectively, the “Giveaway Entities”), and each of their respective immediate families, including household members, are not eligible to participate in this Giveaway.
Any attempted form of participation in this Giveaway other than as described in these Official Rules is void. Should Sponsor suspect or determine actual or attempted (i) fraud, tampering, impairment or disruption of the administration, security, fairness or proper play of this Giveaway, or (ii) violation of these Official Rules, Sponsor reserves the right, in its sole discretion, to void participation of any person, or to suspend or prohibit the participation of any person, in either case who Sponsor determines, in its sole discretion, is responsible or otherwise involved with such acts.
HOW TO ENTER: During the Giveaway Period, logon to Giveaway entry webpage by scanning the QR Code made available by Sponsor at its booth at the Show and follow the on-screen entry instructions. Only one entry is permitted per person.
All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Illegible or incomplete entries are void. Sponsor is not responsible for lost, late, mutilated, damaged, misdirected entries or entries not received. Proof of submission will not be deemed proof of receipt by Sponsor. Sponsor will not verify receipt of entries.
Entrants must be the authorized account holder of the email address provided. “Authorized account holder” means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Any use of robotic, mechanical, automatic, programmed or like methods of participation will void each entry made by such methods. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. Any attempted form of entry into this Giveaway other than as described in these Official Rules is void. Entries that are in violation of these Official Rules will be disqualified.
Should Sponsor suspect or determine actual or attempted (i) fraud, tampering, impairment or disruption of the administration, security, fairness or proper play of this Giveaway, or (ii) violation of these Official Rules, Sponsor reserves the right, in its sole discretion, to void participation of any person, or to suspend or prohibit the participation of any person, in either case who Sponsor determines, in its sole discretion, is responsible or otherwise involved with such acts.
By entering this Giveaway, each participant fully and unconditionally accepts these Official Rules and the decisions of Sponsor (and Sponsor’s personnel and representatives), which are final and binding in all matters relating to the Giveaway, and waives any right to claim ambiguity in these Official Rules
ODDS OF WINNING: Odds of winning will vary depending on the number of eligible entries received.
SELECTION AND NOTIFICATION OF THE WINNERS: Subject to these Official Rules, promptly following the end of the Giveaway Period, a designated Sponsor official or a third party designated by Sponsor will select the Winner by means of a random drawing from among all eligible entrants. Winners will not be required to be present at the time of selection. An entrant who is selected as a potential Winner is subject to verification of eligibility and compliance with these Official Rules.
Sponsor will notify each Winner by email to the email provided during entry process as promptly as practical following his/her selection. The Winner must claim the Prize within fourteen (14) days after the date of Sponsor's first notification attempt, which shall be the first date notification is sent by email. Each Winner must claim the applicable Prize in the manner indicated in Sponsor’s notification of such Winner. Any Winner notification not responded to or returned as undeliverable may result in Prize forfeiture. For the avoidance of doubt, each Winner must continue to comply with these Official Rules.
If a Winner fails to claim his/her Prize within the fourteen (14) day period of time, is found to be ineligible, fails to comply with these Official Rules, or fails to meet the requirements hereof, such Winner will be disqualified and an alternate Winner, randomly selected from the remaining eligible entries, at Sponsor's sole discretion, will be contacted.
In the event of a conflict between the name of the name submitted at the time of entry and the authorized account holder of the email address provided at the time of entry, entries will be declared made by the authorized account holder of the email address submitted at the time of entry. The potential Winner may be required to show proof of being the authorized account holder. In the event of a dispute concerning the identity or eligibility of a participant that cannot be resolved to Sponsor’s satisfaction, the entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion.
Sponsor’s decisions with respect to each Winner and other matters pertaining to this Giveaway shall be final.
Sponsor is not responsible for and will not have any liability for a Winner’s failure to receive notices due to email and/or other account security settings that may cause notifications to be marked as spam or junk or otherwise not be received. Sponsor will also not be liable for a Winner’s provision of incorrect or otherwise non-functioning contact information.
Sponsor reserves the right to, in its sole and absolute discretion, not award a Prize to any participant. If production, technical, mechanical, typographical, or any other reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of Prizes by a fair and reasonable means determined by Sponsor.
REQUIREMENTS OF THE WINNERS: As a part of determining the Winner's eligibility to win a Prize and, prior to, and as a condition of, a Winner’s acceptance and use of the Prize, each Winner will be required to:(a) sign and deliver to Sponsor an Affidavit of Eligibility and Release of Liability for Participation, Publicity and Use (the "Affidavit"); and (b) provide any other information or materials required by Sponsor for delivery of the Prize, including, if applicable, a shipping address; in each case, by the deadline specified in the notification.
If the Winner's Affidavit and all other documents required by Sponsor, in its sole discretion, are not completed as specified, are not received by Sponsor within 14 days of Sponsor’s initial notification, or, after Sponsor’s receipt of the Affidavit from that Winner, that Winner is found to be an ineligible entrant, then that Winner's entry will be disqualified and an alternate Winner, randomly selected from the remaining eligible entries, at Sponsor’s sole discretion, will be contacted.
All entrants and entries are subject to verification before the awarding of a Prize, as are the eligibility, age, and other claims of information provided by a potential Winner. Should a Winner make any false statement(s) in any document referenced above or otherwise violate any provision of these Official Rules, he/she will be required to promptly return his/her Prize to Sponsor.
CONSENT TO PUBLICITY AND USE: Except where prohibited, entrance/participation in the Giveaway constitutes express permission by the applicable entrant/participant to Sponsor and its subsidiaries, affiliates and assigns (including any Swift Response spokespersons), and those acting pursuant to the authority of any of the foregoing, the absolute and worldwide right, license and permission and consent to use, such participant’s name, photograph, image, likeness, voice, opinions, hometown, and/or state (“Image”) for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter developed (“Promotional Materials”), worldwide in perpetuity, without further notice, review or approval, permission, or compensation. If you do not agree to these terms, you should not participate in the Giveaway.
TO RECEIVE OFFICIAL RULES: To request a copy of these Official Rules, mail your request, along with a self-addressed stamped envelope to: Swift Response, LLC, Attn: 2022 Christmas Show Giveaway Request, 2690 Weston Rd, Ste. 200, Weston, FL 33331. Please specify that you are requesting a copy of the Official Rules. Requests for a copy of these Official Rules received more than ninety (90) days after the end of the Giveaway Period will not be honored.
These Official Rules for the Giveaway are also available by visiting https://flexsealproducts.com/pages/2022-southern-christmas-show-giveaway and accessing the details for the Giveaway.
Right to void / terminate / suspend / modify the Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend the Giveaway for any reason, including should non-authorized intervention, fraud, acts of war, natural disasters, terrorism events, application of law or regulatory requirements, force majeure events or other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, or proper conduct of the Giveaway. Without limiting the generality of the foregoing, if the Giveaway, or any part thereof, is not capable of running as planned for any legitimate reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, or if in the sole opinion of Sponsor, the Giveaway is or might otherwise be corrupt unsecure, unfair, or improper, then Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Giveaway, or any portion thereof; (b) modify or suspend the Giveaway, or any portion thereof, to address the impairment and then resume the Giveaway, or relevant portion, in a manner that best conforms to the spirit of the Giveaway (as determined by Sponsor in its sole discretion); and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the Winner selection criteria described above. Sponsor further reserves the right in its sole discretion to change the dates of the Giveaway Period, with or without notice, in the event of technical failure, or for any other reason.
Right to Disqualify Entrants. Sponsor reserves the right to disqualify any individual it determines, in its sole discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Giveaway, (b) defraud Sponsor, (c) undermine the legitimate operation of the Giveaway, (d) annoy, abuse, threaten, or harass any other person participating in the Giveaway, any of the Giveaway Entities, or any representatives of the Giveaway Entities, or (e) act in violation of these Official Rules.
Miscellaneous. Any attempt by any person to deliberately damage or undermine the legitimate operation of this Giveaway may be a violation of criminal and/or civil laws. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of the Sponsor’s ability to enforce its rights. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained within these Official Rules.
No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members. Anyone who participates in the Giveaway through means not permitted by these Official Rules is subject to disqualification.
DISPUTES: Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
Agreement to Binding Arbitration: Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at 833-411-3539 or send the written description by U.S. Mail to: 2690 Weston Rd Ste 200, Weston, FL, 33331; Attn: General Counsel. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Swift Response, LLC, the website, our services, the Giveaways or the Sweepstakes, on an individual basis in arbitration. You and we agree that any disputes between us (including any disputes between you and a third-party agent of Swift Response, LCC) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of the Terms, (b) the existence, breach, termination, enforcement, interpretation or validity thereof; or (c) your access to or use of the Swift Response, LLC’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.
No Class Action: You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Rules and Governing Law. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
Federal Arbitration Act. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida without regard to its conflict of laws provisions.
Arbitration Process. To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Swift Response c/o Legal Department 2690 Weston Road, Weston, FL 33331; email: firstname.lastname@example.org and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable Consumer Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Swift Response, LLC will pay all fees and costs that we are required by law to pay.
Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Broward County, Florida. You and we will submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
Arbitrator’s Decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.
Judgment on any award rendered by the arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns.
With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
Opt-Out Procedure Applicable To All Consumers. You can decline this agreement to arbitrate by emailing us at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept these Terms.
Severability. If any portion of these Terms are found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
INDEMNIFICATION AND RELEASE: By participating in this Giveaway, each entrant thereby agrees to forever release, discharge, indemnify, and hold harmless, each of the Giveaway Entities, and each of their respective subsidiaries, affiliates and divisions, its and each of their respective representatives, attorneys, assigns, agents and licensees, and their respective respective affiliates, equity holders, spokespersons, officers, directors, managers, agents, co-branders, associated marketing firms, advertisers and sponsors or other partners and any of their employees (each, including Sponsor, a “Released Party,” and collectively, the “Released Parties”), harmless from and against any and all injuries, claims, demands, loss, harm, damage, cost or expense, or liabilities of any kind to any person(s), regardless of the cause (including those arising from the partial or sole negligence of, or any act or omission of, any Released Party), whether known or unknown, including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from (a) acceptance, possession, use, and/or misuse of a Prize or gift items, (b) participation in this Giveaway or any Giveaway-related activity, or (c) use or non-use of participating party’s Image or any Promotional Materials (including claims based on rights of publicity or privacy, defamation, or for injunctive or other relief). The Released Parties are not responsible for cancellations or delays, or if any Prizes cannot be provided, or if the Giveaway cannot be conducted as planned for any reason due to non-authorized intervention, fraud, acts of war, natural disasters, terrorism events, application of law or regulatory requirements, force majeure events, or other causes beyond their control.
By entering this Giveaway, each entrant thereby releases, discharges and holds harmless each Released Party from and against any injury, loss, claim, cause of action or damages arising out of or in connection with, indirectly or directly: (i) entry or participation in this Giveaway; and (ii) acceptance, use, or misuse of a Prize (in whole or in part).
LIMITATIONS OF LIABILITY: Except where prohibited by law, each party participating in this Giveaway agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Giveaway, or any Prize awarded, or the determination of the Winners, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees and in no event more than $100; and (c) under no circumstances will any participating party be permitted to obtain awards for, and each participating party hereby waives all rights to claim, punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Notwithstanding the foregoing, no Giveaway Entity is not responsible for: (i) any incomplete or inaccurate information that is caused by Giveaway website users, or by any of the equipment or programming associated with or utilized in connection with the Giveaway, or by any technical or human error which may occur in the processing of submissions in the Giveaway; (ii) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (iii) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (iv) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, mail or postage providers, viruses or bugs; (v) garbled transmissions or miscommunications; (vi) failure of any e-mail to be received by or from Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (vii) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to the Giveaway; (viii) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (ix) technical, pictorial, typographical or editorial errors or omissions contained herein, or (x) any death, injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from an entrant's entry or participation in this Giveaway or use or misuse of a Prize.