Survey Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITTED.
1. Eligibility
Survey Sweepstakes (the “Sweepstakes”) is open only to active iFIT members of the following countries at the time of entry who are at the age of majority in the jurisdictions where they reside and who receive an official email invitation from Sponsor to participate in the Survey (defined below): the fifty (50) United States (and the District of Columbia); Canada; Mexico; the United Kingdom; Ireland; France; Germany; Italy; Spain; an Australia. Void where prohibited. Proof of residency and age may be required. Employees, contractors, directors, officers, and agents of iFIT, Inc. (“Sponsor”) and its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion, and judging agencies, and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable laws and regulations, (including, where applicable, federal, state, provincial, territorial, and local laws and regulations), and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Survey Sweepstakes Official Rules (the “Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein and being selected as a prize winner as set forth in Section 5 below.
2. Sweepstakes Entry Period
The Sweepstakes begins on 4/10, at 12:01 a.m. Mountain Time (“MT”) and ends upon Sponsor’s receipt of the 500th entry (the “Sweepstakes Entry Period”). Entries received after Sponsor’s receipt of the 500th entry will not be valid. Sponsor is the official timekeeper for this Sweepstakes.
3. How to Enter
During the Sweepstakes Entry Period, active iFIT members who receive an official email invitation from Sponsor must complete the survey at the following link: https://feedback.ifit.com/jfe/form/SV_5ifZS8Gz4uNvCFU (the “Survey”). Your completed Survey will qualify as an entry for the Sweepstakes (an “Entry”), subject to your compliance with these Official Rules. If you do not qualify for the Survey or do not complete the full Survey as a qualified respondent, you will not be entered into the Sweepstakes.
4. Entry Requirements
Entrant represents and warrants that entrant meets the eligibility requirements set forth by Sponsor, the Entry is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Entry via various media including Web posting will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless the Released Parties (defined below) from any claims to the contrary.
Each Entry must conform to the additional requirements set forth herein:
- The Entry must comply with these Official Rules.
- The Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional, or age group, profane or pornographic, contain nudity, or any materially dangerous activity.
- The Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- The Entry is strictly prohibited from being obscene, offensive, or endorsing any form of hate or hate group(s), which includes, but is not limited to, content that contains explicit language, graphic violence, discriminatory remarks, or promotes racism, sexism, homophobia, or any other form of intolerance.
- The Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor or its products, or other people, products, or companies.
- The Entry cannot infringe trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind (other than Sponsor’s brands/products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses.
- The Entry cannot infringe on copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies, or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Sweepstakes.
- No background artwork should appear in an Entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in an Entry must be created solely by entrant, or entrant must be the sole owner of all copyright interests therein.
- The Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
- The Entry must not communicate messages or images that are inconsistent with Sponsor’s desired positive image and/or goodwill, which includes, but is not limited to, content that is defamatory, misleading, promotes illegal activities, or contradicts Sponsor’s values of integrity, respect, and inclusivity.
- The Entry cannot depict any violation of law and cannot itself be in violation of any law.
ENTRIES POSTED ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
By submitting an Entry, you agree that your Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone, or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor or developed by its employees or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES AND AGREES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, AT SPONSOR’S SOLE DISCRETION. Submission of an Entry grants Sponsor and its agents a royalty-free, sublicensable, unlimited, worldwide, perpetual, transferable, and irrevocable right and license to publish, display, use, and publicly perform the Entry in any way, in any and all media, without limitation, and without consideration or credit to the entrant. For this purpose, each entrant hereby waives any moral rights the entrant may have in the Entry in favor of Sponsor.
5. Winner Determination
Within no more than seven (7) days of Sponsor receiving the 500th entry, Sponsor will select one (1) potential winner(s) in a random drawing of all valid Entries received. Odds of winning depend on the number of eligible entries received during the Sweepstakes Entry Period.
POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR (AS SET OUT BELOW) TO ENSURE COMPLIANCE WITH THESE OFFICIAL RULES (TO THE EXTENT PERMITTED BY APPLICABLE LAWS). SPONSOR DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER(S), AND OTHER MATTERS RELATED TO THE SWEEPSTAKES (EXCEPT WHERE OTHERWISE PROVIDED BY APPLICABLE LAW).
6. Verification of Potential Winners
The potential Sweepstakes winner will be notified using the email address provided with the entrant’s Survey. Failure by the potential Sweepstakes winner to respond to the initial verification within five (5) days of notification will result in disqualification and Sponsor will select an alternate potential Sweepstakes winner in the same manner (i.e., randomly).
The potential Sweepstakes winner may be required to complete and return the following documents (if and where permitted under applicable law) by the date specified by Sponsor, or an alternate potential Sweepstakes winner may be selected: an Affidavit or Written Statement of Eligibility, Release of Liability, and Publicity Release (collectively, the “Written Statement”) by the date specified by Sponsor, or an alternate potential Sweepstakes winner may be selected. Any entrant whose Entry includes likenesses of third parties or contains elements not owned by the entrant (including, but not limited to, depictions of persons, buildings, trademarks, or logos) must be able to provide legal releases for such use (including Sponsor’s use of such Entry), in a form satisfactory to Sponsor, upon request, prior to Sponsor awarding the prize and/or the naming of the entrant as a winner.
In the event: (a) a potential Sweepstakes winner cannot be reached for whatever reason after all reasonable efforts have been exerted or the potential Sweepstakes winner notification or Written Statement is returned as undeliverable; (b) a potential Sweepstakes winner declines or cannot accept, receive, or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) a potential Sweepstakes winner is found to be ineligible to enter the Sweepstakes or receive the prize; (e) a potential Sweepstakes winner cannot or does not comply with the Official Rules; or (f) a potential Sweepstakes winner fails to fulfill the obligations related to the Written Statement, the potential Sweepstakes winner shall be disqualified from the Sweepstakes and an alternate potential Sweepstakes winner may be selected, using the process described in Section 5 above, from the other eligible entries received. To the extent permitted by applicable laws, Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate potential Sweepstakes winner, if any. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants.
7. Grand Prizes
The Sweepstakes will award the following prize: one (1) $75 gift card redeemable through Gifted.co. Approximate retail value of prize: $75 USD (or the equivalent monetary value in the applicable local currency as of the date the prize is awarded). The difference between any stated value and actual value will not be awarded to the winner. Limit: one (1) prize per person/household. Prize is non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason (where permitted by, and in compliance with, applicable law). Winner is responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, provincial, territorial, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the winner. Prize will be awarded only if the potential prize winner fully complies with these Official Rules.
8. Release
Each entrant agrees to comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes.
As a condition of entering the Sweepstakes, eachentrant agrees (and agrees to confirm in writing): (a) to release Sponsor and its parent, affiliates, subsidiaries, retailers, and agents, and each of their past and present officers, directors, employees, representatives, and agents (the “Released Parties”), from any and all liability, loss, or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize or any item redeemed therewith; and (b) to defend, indemnify, release, and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye, or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) the entrant’s Entry, creation of an Entry, or submission of an Entry, (ii) participation in the Sweepstakes, (iii) acceptance, possession, attendance at, defect in, delivery of, inability to use, use, or misuse of prize (including any travel or activity related thereto), and/or (iii) the broadcast, exploitation, or use of Entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind.
9. Publicity
Except where prohibited or restricted by law, winner’s acceptance of the prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, country of residence, city and state of residence, province or territory of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
10. General Conditions
The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries, or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss, or misdirection of any prize or resulting from participating in this Sweepstakes or any promotion or prize related activities.
Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date.
11. Limitations of Liability
To the extent permitted by applicable laws, Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. To the extent permitted by applicable laws, Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Governing Law & Disputes
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Utah, other than such rules, laws, regulations, and case law that would result in the application of the laws of any jurisdiction other than the State of Utah.
Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Utah State Court located in Salt Lake City, Utah; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Entrant’s Personal Information
Please see Sponsor’s Privacy Policyfor details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. Except where prohibited under applicable law, if you are selected as a winner, your information may also be included in the publicly available winners list (see Section 14 below).
14. Winners List
The winners list for the Sweepstakes shall be posted by April 30th at [INSERT LINK ], and the winners list will remain available to view at such link until June 30th.
15. Sponsor
iFIT, Inc., 1500 South 1000 West, Logan, Utah 84321. To contact Sponsor, please email jamie.winslow@ifit.com or call at 833-680-4348.
[SEE FOLLOWING PAGE]
| The following terms for the identified countries supersede the terms and conditions set forth above. These terms shall be considered controlling for each of the countries specified below. | |
| Canada | For all residents of Canada, the following paragraph is added to the end of Section 6 (Verification of Potential Winners): Potential Canadian winners will be required to answer a mathematical skill-testing question. In order to be declared the winner, the selected entrant must correctly answer a skill-testing question without assistance. If a selected entrant incorrectly answers this question, then another entrant will be selected and if Canadian, this process will be repeated until an eligible Canadian entrant is selected. Solely for residents of Quebec, Section 12 (Governing Law & Disputes) is hereby deleted and replaced with the following terms: 12. Attorneys’ Fees and Other Limitations of LiabilityEntrant agrees that: (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (b) 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| United Kingdom | For all residents of the United Kingdom, the following changes are made to the Official Rules: Sections 9 (Publicity), 10 (General Conditions), 11 (Limitations of Liability), and 12 (Governing Law & Disputes) are hereby deleted and replaced with the following terms: 9. PublicityExcept where prohibited or restricted by law, the winner agrees that the prize is consideration for granting Sponsor and any of its designees the right to use and/or publish winner’s full name, country of residence, city and state (or county) of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. 10. General ConditionsUnless any of the following is attributable to a Released Party, the Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. 11. Limitations of LiabilitySponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind caused by Internet users. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature if such errors or failures are beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Governing Law & DisputesAll issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of England and Wales, other than such rules, laws, regulations, and case law that would result in the application of the laws of any jurisdiction other than the laws of England and Wales. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively in the competent courts of England and Wales; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| Ireland | For all residents of Ireland, the following changes are made to the Official Rules: Sections 9 (Publicity), 10 (General Conditions), 11 (Limitations of Liability), and 12 (Governing Law & Disputes) are hereby deleted and replaced with the following terms: 9. PublicityExcept where prohibited or restricted by law, the winner agrees that the prize is consideration for granting Sponsor and any of its designees the right to use and/or publish winner’s full name, country and county of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. 10. General ConditionsUnless any of the following is attributable to a Released Party, the Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. 11. Limitations of LiabilitySponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind caused by Internet users. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature if such errors or failures are beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Governing Law & DisputesAll issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Ireland, other than such rules, laws, regulations, and case law that would result in the application of the laws of any jurisdiction other than the laws of Ireland. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively in the competent courts of Ireland; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| France | For all residents of France, the following changes are made to the Official Rules: Sections 8 (Release), 9 (Publicity), 10 (General Conditions), 11 (Limitations of Liability), and 12 (Governing Law & Disputes) are hereby deleted and replaced with the following terms: 8. ReleaseSponsor shall be liable without limitation in connection with the Sweepstakes (i) for damages resulting from injury to life, body, or health, (ii) under the applicable provisions regarding liability for defective products, and (iii) for any other liability that cannot be limited or excluded by applicable law. Indeed, if the laws applicable to the entrant do not allow some limitations or exclusions of liability detailed hereafter, some or all of these limitations may not apply, and the entrant may have additional rights. Subject to the above, Sponsor shall only be liable for foreseeable damages caused by willful misconduct or gross negligence, except in cases of a breach of material obligations. The limitation of liability shall apply to Sponsor and Sponsor’s parent, affiliates, subsidiaries, retailers, and agents, and each of their past and present officers, directors, employees, representatives, and agents (each, a “Released Party”, and, collectively, the “Released Parties”). Winners acknowledge that all prizes are awarded as-is without warranty of any kind. 9. PublicityExcept where prohibited or restricted by law, for the purpose of the execution of the Sweepstakes, winner authorizes Sponsor and any of its designees to fix, reproduce, use and/or publish winner’s full name, country of residence, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, free of charge, worldwide, for the legal duration of the rights granted and for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. 10. General ConditionsUnless any of the following is attributable to a Released Party, the Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. 11. Limitations of LiabilitySubject to applicable law, Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind caused by Internet users. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature if such errors or failures are beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Governing Law & DisputesAll issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of France, other than such rules, laws, regulations, and case law that would result in the application of the laws of any jurisdiction other than the France. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively in the competent courts of France; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| Germany | For all residents of Germany, the following changes are made to the Official Rules: Sections 8 (Release), 9 (Publicity), 10 (General Conditions), 11 (Limitations of Liability), and 12 (Governing Law & Disputes) are hereby deleted and replaced with the following terms: 8. ReleaseSponsor shall be liable without limitation in connection with the Sweepstakes for damages resulting from injury to life, body, or health, as well as under the provisions of the Product Liability Act. Beyond that, Sponsor shall only be liable for foreseeable damages caused by willful misconduct or gross negligence, except in cases of a breach of material obligations. The limitation of liability shall apply to Sponsor and Sponsor’s parent, affiliates, subsidiaries, retailers, and agents, and each of their past and present officers, directors, employees, representatives, and agents (each, a “Released Party”, and, collectively, the “Released Parties”). Winners acknowledge that all prizes are awarded as-is without warranty of any kind. 9. PublicityExcept where prohibited or restricted by law, the winner agrees that the prize is consideration for granting Sponsor and any of its designees the right to use and/or publish winner’s full name, country of residence, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. 10. General ConditionsUnless any of the following is attributable to a Released Party, the Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. 11. Limitations of LiabilitySponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind caused by Internet users. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature if such errors or failures are beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Governing Law & DisputesAll issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Federal Republic of Germany, other than such rules, laws, regulations, and case law that would result in the application of the laws of any jurisdiction other than the Federal Republic of Germany. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively in the competent courts of Germany; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| Italy | For all residents of Italy, the following changes are made to the Official Rules: Sections 8 (Release), 9 (Publicity), 10 (General Conditions), 11 (Limitations of Liability), and 12 (Governing Law & Disputes) are hereby deleted and replaced with the following: 8. ReleaseSponsor shall be liable without limitation in connection with the Sweepstakes (i) for damages resulting from injury to life, body, or health, and (ii) under the applicable provisions regarding liability for defective products. Beyond that, Sponsor shall only be liable for foreseeable damages caused by willful misconduct or gross negligence, except in cases of a breach of material obligations. The limitation of liability shall apply to Sponsor and Sponsor’s parent, affiliates, subsidiaries, retailers, and agents, and each of their past and present officers, directors, employees, representatives, and agents (each, a “Released Party”, and, collectively, the “Released Parties”). 9. PublicityExcept where prohibited or restricted by law, the winner agrees that the prize is consideration for granting Sponsor and any of its designees the right to use and/or publish winner’s full name, country of residence, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. 10. General ConditionsUnless any of the following is attributable to a Released Party, the Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; or (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. Changes involving a substantial revision of the mechanics of the Sweepstakes shall also be communicated to entrants at their respective email addresses and shall take effect after seven (7) days communication of the revision, subject to the entrant’s right to withdraw from the Sweepstakes. 11. Limitations of LiabilitySponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind caused by Internet users. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature if such errors or failures are beyond Sponsor’s reasonable control. Sponsor reserves the right to disqualify any entrant that is tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Governing Law & DisputesAll issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Italy, other than such laws, rules, regulations, and case law that would result in the application of the laws of any jurisdiction other than Italy. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively in the competent courts of Italy; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| Spain | For all residents of Spain, the following changes are made to the Official Rules: The last sentence of Section 6 (Verification of Potential Winners) is hereby deleted and replaced with the following: In accordance with applicable data protection laws, Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants, provided that appropriate notification attempts have been made. Sections 8 (Release), 9 (Publicity), 10 (General Conditions), 11 (Limitations of Liability), and 12 (Governing Law & Disputes) are hereby deleted and replaced with the following terms: 8. Release Each entrant agrees to comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes. Sponsor shall be liable without limitation in connection with the Sweepstakes for damages resulting from injury to life, physical integrity, or health, as well as under the provisions of the Product Liability Act. Beyond that, Sponsor shall only be liable for foreseeable damages caused by willful misconduct or gross negligence, except in cases of a breach of material obligations. The limitation of liability shall apply to Sponsor and Sponsor’s parent, affiliates, subsidiaries, retailers, and agents, and each of their past and present officers, directors, employees, representatives, and agents (each, a “Released Party”, and, collectively, the “Released Parties”). Additionally, as a condition for participating in the Sweepstakes, each entrant agrees (and commits to confirming in writing): (a) to release the Released Parties from any direct liability arising from the granting, receipt, possession, and/or misuse of any prize, provided that such release does not contravene applicable legal provisions and respects the limitations imposed by Spanish law; and (b) to defend, indemnify, release, and hold harmless the Released Parties from legal claims, expenses, and liabilities arising from acts of negligence or damages caused to persons or property, provided that liability is not excluded in cases of willful misconduct or gross negligence as established under the Spanish Civil Code. Winners acknowledge that prizes are awarded "as is," without prejudice to applicable warranty rights under Spanish law, and that Sponsor commits to complying with all applicable legal provisions. 9. Publicity Except where prohibited or restricted by law, the winner’s acceptance of the prize implies the winner’s express consent and agreement for Sponsor and its designees to use and/or publish the winner’s full name, city and country of residence, photographs or any other image, portraits, videos, voice, testimonials, biographical information (in whole or in part), and/or statements made by the winner regarding the Sweepstakes or Sponsor. Such use shall be exclusively limited to purposes related to the promotion, advertising, and marketing of Sponsor, and may be conducted worldwide and for the period necessary to fulfill these purposes, in any form of media now known or developed in the future, including but not limited to print, television, radio, electronic media, cable, or internet. This consent will be granted in accordance with the applicable data protection regulations, including the GDPR, and always with the informed consent of the winner. Under no circumstances shall this use imply a waiver of the rights granted to the winner under current legislation, including the right for the winner to withdraw the winner’s consent at any time, without such withdrawal affecting the processing carried out prior to the withdrawal. 10. General Conditions The Released Parties shall not be liable, except as required by applicable Spanish law, for the following (which includes, without limitation): (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims, or notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by Sponsor, in whole or in part, due to computer, human, or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, or any other similar event beyond Sponsor’s reasonable control; or (g) damages, losses, or injuries caused by the prize or resulting from its award, acceptance, use, misuse, or possession, provided that such limitations do not contravene Spanish law or exempt the Sponsor from liability in cases of gross negligence or willful misconduct. Sponsor reserves the right to disqualify any entrant it finds to be (i) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the prize from all eligible entries received as of the termination date. 11. Limitations of Liability Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information or for incomplete, inaccurate, lost, interrupted, or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures, or difficulties; or for any other errors of any kind, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries, provided that such circumstances are not attributable to gross negligence or willful misconduct by Sponsor, in accordance with Spanish law. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. Any cancellation, suspension, or modification must comply with applicable Spanish legal requirements to ensure the protection of participants’ rights and fair treatment in awarding prizes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delays in computer transmissions, the website, or network connections that are human or technical in nature. However, the Sponsor is not exempt from liability for damages caused by gross negligence or willful misconduct, in accordance with the Spanish Civil Code. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any deliberate attempt by any person to undermine the legitimate operation of the Sweepstakes may constitute a violation of criminal or civil law under Spanish regulations. Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 12. Governing Law & Disputes All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Spain, other than such rules, laws, regulations, and case law that would result in the application of the laws of any jurisdiction other than Spain. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected to this Sweepstakes shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively in the Court of Madrid, Spain; (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |
| Australia | For all residents of Australia, the second paragraph of Section 12 (Governing Law & Disputes) is hereby deleted and replaced with the following terms: Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate Utah State Court located in Salt Lake City, Utah; and (b) 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. |