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GENERAL. Acceptance of any prize constitutes permission to Sponsor to use any winner's name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, entrant (i) agrees to release and hold Sponsor, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Contest, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage) arising in whole or in part, directly or indirectly, out of participation in the Contest or the acceptance, receipt, possession, misuse, nonuse or use of any prize (or portion thereof); (ii) waives all rights to claim direct, indirect, punitive, incidental and/or consequential damages, attorney's fees or any damages other than actual out-of-pocket costs incurred to enter; (iii) agrees to be bound by these Official Rules and the decisions of the Sponsor and its representatives, which are final and binding on all matters relating to the Contest, and (iv) agrees to waive any right to claim any ambiguity or error in these Official Rules or the Contest itself.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected, garbled, inaccurate, delayed or undelivered entries; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Contest, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Contest, the processing of entries, the announcement, delivery or use of any prize or in any Contest-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserve the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution.
If this Contest is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these rules), Sponsor reserves the right to postpone, cancel, or modify the Contest (or any element thereof, including, without limitation, these rules) in any manner and for any reason without notice, in its sole discretion. Sponsor also reserves the right in its sole discretion, to cancel, suspend or modify the Contest, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to pick winner(s) from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Entries will be declared made by the authorized account subscriber of the e-mail address submitted at the time of entry. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserve the right to terminate this Contest or permanently disqualify from any promotion any person it believes has violated these rules.
The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, labor dispute, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Contest, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“the JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
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