F45 Training “Coming Back Stronger” Video Contest Terms and Conditions
OFFICIAL RULES
YOU MUST BE A CURRENT FRANCHISEE OF AN OPEN F45 TRAINING STUDIO AS OF AUGUST 15, 2020 TO BE ELIGIBLE TO WIN. Odds of winning will depend on the total number of entries received. Void where prohibited or restricted by law. Entry in the Promotion (as defined below) constitutes your full and unconditional acceptance of these Official Rules. Please send any questions regarding the Promotion or these Official Rules to [email protected].
These Official Rules were updated effective October 26, 2020 to extend the Voting Period to November 9, 2020, 12:00PM PT, with winners announced on or about November 16, 2020 12:00PM PT.
Eligibility
The F45 Training “Coming Back Stronger” Video Contest (the “Promotion“) is open only to natural persons who own a F45 franchise (not corporations or other business entities) who are eighteen (18) years of age or older as of the beginning of the Promotion Period (as defined below).
Employees and contractors (including F45 Trainers or managers), directors, officers and agents of:
F45 Training Inc. and its affiliates and subsidiaries (collectively the “Sponsor”);
F45 franchisees or licensees, are not eligible to participate in the Promotion or win a prize.
Entry in the Promotion constitutes your full and unconditional acceptance of these Official Rules.
How to Enter
Promotion opens for submissions of uploaded video content (“Submissions”) on September 8, 2020 at 12:01 am PT and closes for submissions on October 23, 2020 at 11:59 pm PT or such later time determined by Sponsor at its absolute discretion (the “Submission Period”). Entries may be submitted at https://comebackstronger.f45training.com/ (“Web Portal”). All videos that meet Promotion guidelines for content uploaded during the Submission Period will be posted to the Promotion Web Portal within a time period determined by the Sponsor.
To enter the Promotion you must:
upload a thirty (30) second to two (2) minute video (only one entry permitted per F45 franchise location);
click to confirm you are 18 years of age or older and a satisfy the eligibility requirements; and
fill out the form with your name, email address and franchise location, including checking the boxes to agree to the Official Rules as set out in these terms and conditions and to agree to share your Instagram and Facebook information with this promotion.
All entries must meet all other eligibility requirements in these Official Rules. The registered email account holder is deemed to be the natural person who is assigned the submitted email address by the relevant Internet service provider, online access 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. With respect to any winning entry, the winner may be required to provide Sponsor with proof that the person is the registered account holder of the email address associated with the winning entry. No third-party entry or entry through a sweepstakes service or other automatic entry method including like for like and hired foreign or domestic workers is permitted. Only eligible entries actually received in compliance with the Promotion Period, will be posted to receive votes. For purposes of these Official Rules, “receipt” of an online entry occurs when Sponsor’s servers record the entry information upon entrant’s completing of the Promotion entry steps above. Any automated computer receipt (such as a “thank you” message or one confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules.
No automatic, programmed, robotic, hired workers or similar means of entry are permitted and Sponsor reserves the right to disqualify any individual using such a method. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Failure to comply with these Official Rules may result in disqualification from the Promotion.
Video Guidelines and Content Restrictions:
Video Guidelines
All Submissions must be made in a video format. Gifs will not be accepted;
Submissions must be between thirty (30) seconds and two (2) minutes in length;
Videos with poor visual quality will not be accepted;
Submissions must be accompanied by the Instagram profile and Facebook profile of your F45 Training studio, as well as your email address, and name;
The Submission must be submitted without any watermarks; and
The Submission cannot have been submitted previously in a promotion or contest of any kind or exhibited or displayed publicly through any means.
Content Restrictions
The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
The Submission must not in any way disparage Sponsor or any other person or party affiliated with the Promotion;
The Submission must not contain images, sounds, or artwork not created by Videographer;
The Submission must not contain material that is inappropriate, indecent, obscene, hateful, demeaning, tortious, defamatory, slanderous or libelous;
The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the country where Submission was created; and
The Submission must not contain or espouse obscene or offensive conduct, extraordinarily dangerous acts, reckless acts, or evidence inexperience with Sponsor.
Limit: F45 franchisees may only upload one (1) Submission per F45 studio location only.
Requirements for Video Submission
By entering a Submission, the entrant certifies and represents that each Submission: (i) is entrant’s original video or audio visual content, footage, and photographs and does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or violate of any applicable law or regulation when used as contemplated in these Official Rules; (ii) has not been previously awarded a prize, or award during any other contest or promotion conducted by Sponsor or its affiliates; (iii) has all rights and licenses necessary to grant to Sponsor the rights granted in the Submissions and Appearances (defined in 4(c). below); (iv) is not obscene, lewd, profane, pornographic, disparaging, indecent, fraudulent, false, misleading, deceptive, defamatory, demeaning, vulgar, offensive, discriminatory, hateful, harassing, harmful, violent, threatening, in violation of any applicable law or regulation, does not show illegal or other inappropriate or dangerous behavior, and does not depict products competitive with those of Sponsor, all as determined by Sponsor in its sole discretion; (v) to the extent that the entrant does not have rights to any music, images, video, audio, photos, text, or other material embedded within the Submission, or that other people recognizable appear in the Submission, (“Third-Party Materials”), entrant agrees to obtain the appropriate licenses, permissions, and/or releases from the owner of such Third Party Materials. Sponsor may request that entrant provide a completed standard release form for any Third-Party Materials as a condition to receiving any additional Prizes; and (vi) entrant’s agreement to the Official Terms and Conditions of this Promotion will not violate or conflict with any obligations owed by Licensor to any third party.
By entering the Promotion and/or submitting any Submission, you hereby grant to Sponsor and its licensees, successors, and assigns a worldwide, non-‐exclusive, perpetual, irrevocable, transferable, fully paid-‐up, royalty-‐free right and license, with the right to sublicense to use, reproduce, prepare derivative works, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Submission, in whole or in part, for commercial or non-‐commercial purposes, including but not limited to the marketing, promoting and advertising of Sponsor’s brand or brands, products and services, monetization of content through advertising, subscription, licensing and other means, including as incorporated in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of Sponsor (the “Sponsor Materials”), on and through third-‐party distribution channels selected by, but not affiliated with, Sponsor; you also grant Sponsor the right to sublicense these rights to third parties (including its franchisees and licensees) for distribution via third party distribution channels, which may include viral distribution of your Submission (Entrant agrees that neither Sponsor nor any third party distribution channels have any obligation to provide any compensation to you for your Submission or the licenses granted herein), in any form, medium or technology now known or later developed, including, but not limited to, the following (collectively, the “Sponsor’s Network”):
Online / Mobile: All forms of transmission over the Internet, mobile carrier networks, satellite networks or other method of connectivity (as defined below), including, without limitation, all forms of streaming technologies and downloads accessible on or through any and all websites, applications, gaming and/or media platforms, social media services, accounts or networks (including and without limitation: Facebook, Instagram, Twitter, Tik Tok, Pinterest, LinkedIn) and/or other offerings made available by Sponsor and/or third parties;
PR / Industrial / Retail: All public relations, media outreach and/or industrial uses, including, without limitation, the exhibition, performance and other use of the Works and Other Materials at retail establishments (e.g., “point-‐of-‐sale” and “point-‐ of-‐purchase” displays), kiosks, trade shows, conventions, sales and/or marketing meetings and other industrial and/or promotional events;
Print Media: The display and other use of Other Materials in and in connection with all forms of print media, including, without limitation, catalogues, newspaper and magazine articles, editorials, advertising and circulars, merchandise packaging and product manuals;
Out-‐Of-‐Home / Transit / Events: The exhibition, display, performance and other use of the Works and Other Materials via all forms of out-‐of-‐home advertising (including, without limitation, on billboards, “bus wrappers” and in other public places), in public or private transportation (including, without limitation, airline flights, trains, subway cars, buses, taxis, limousines and “ride-‐sharing” services) and at public events (including, without limitation, on electronic billboards and video displays at those public events);
Television: All forms of television media, whether linear or on-‐demand (including, without limitation, all forms of local, regional and network broadcast, pay, cable, satellite and internet protocol television);
Theatrical: Theatrical exhibition (including, without limitation, as embodied in motion pictures);
Home Video / EST: All home video formats (i.e., DVD, Blu-‐Ray, VHS and other fixed, transportable audiovisual media) and the “electronic sell-‐through” of motion pictures and television programs embodying the Works in digital download formats; and
Other Uses: Any other exhibition, display, performance, communication to the public, distribution, exploitation or other use of the Works and/or Other Materials not set forth above.
These Official Rules also govern Sponsor’s use of entrant’s name, nickname, likeness, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information (“Appearances”) as included in the Submission, to the extent that entrant recognizably appears in the Submission, you grant Sponsor the right to use the Appearances within or in connection with the Sponsor Materials, in any and all media now known or hereafter created, including, but not limited, to Sponsor’s Network, as necessary to exercise the rights granted in these Official Rules.
If a Submission does not meet the criteria set forth herein, Sponsor may disqualify and discard the Submission either immediately or at any time during the Contest. By entering a Submission, entrants acknowledge that Sponsor may obtain other submissions, content or materials that are similar or identical in theme, format or other respects to that submitted by the entrant. Entrants acknowledge that, by entering a Submission, Sponsor does not waive any rights to use similar or related ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. Sponsor has the right to review all Submissions and all Submissions may or may not be posted on the Contest Page or in another media, in Sponsor’s sole discretion. By entering a Submission, entrants agree that the Sponsor is not responsible for any unauthorized use of Submissions by third parties. Sponsor does not guarantee the posting of any Submission and reserves the right to take down any Submission for any reason at any time. Entrant waives any right to inspect or approve versions or portions of the Submissions used by Sponsor in the Sponsor Materials as contemplated by this Agreement.
No mail in entries are allowed. Any use of robotic, automatic, programmed, hired or the like entry methods will void all such entries by such methods. Each entry must contain a new Submission. Entrants violating any of these Official Rules may be disqualified.
From the time a Submission is submitted, the Sponsor reserves the right to review the Submission before posting it online, or to remove any Submission even after it has been posted. No guarantee is made regarding the length of the review period, or that any particular Submission will or will not be posted. Sponsor reserves the right, in its absolute discretion, to determine if any particular Submission is appropriate for posting.
Voting and Voter Eligibility:
Promotion entries that meet all of the Promotion guidelines in these Official Rules will be posted for viewing on the Web Portal.
From September 8, 2020 to November 9, 2020 (the “Voting Period”), visitors to the Web Portal who are age 18 or older are eligible to register and cast a vote (a “Vote”) for the video Submission that he or she thinks is the most creative and best reflects Sponsor’s brand. Employees of Sponsor are NOT eligible to vote during the Voting Period on the Web Portal.
Votes are limited to one (1) vote per entry per person.
No third-party voting or votes obtained through a contest or sweepstakes service or other automatic voting method including like for like and hired foreign or domestic workers is permitted. Votes using this method will be discarded and Entries evidencing these types of votes may be disqualified.
All eligible Votes must be received during the Voting Period. Votes will be tallied after the Voting Period ends to determine the finalist Entries.
Selection of Promotion Winners:
At the end of the Voting Period, a panel of representatives of Sponsor will count the number of votes given for each eligible entry. Eligible entries are those which comply with these Official Rules. The decisions of Sponsor are final and binding in all matters relating to this Promotion.
The Entry with the highest number of votes will be declared the finalist Entries which will be sent to a panel of five (5) judges. These judges will evaluate the Entries based on multiple criteria and determine a Grand Prize Winner, Runner Up Winner, and Second Runner Up. Judging will take place following the Voting Period, on or about November 16, 2020.
Sponsor reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
Prizes:
The prizes for the competition are as follows:
Grand Prize: a cash prize of twenty-five thousand dollars (USD $25,000.00).
Runner Up: a cash prize of fifteen thousand dollars (USD $15,000.00).
Second Runner Up: a cash prize of five thousand dollars (USD $5,000.00).
The odds of winning depend on the total number and the quality of eligible entries received.
All prize details are determined by Sponsor. All other expenses, taxes, costs, and fees associated with receipt or use of a prize is the sole responsibility of the winner. Sponsor reserves the right, at its sole discretion, to substitute any prize with one of equal or greater value but no other substitution or transfer of a prize is permitted. Sponsor is not responsible for utility of any prize to its winner. Unclaimed prizes will be forfeited. Prize will not be replaced if lost or stolen. If a prize is mailed, the winner assumes the risk of the prize’s safe arrival.
The prizes must be accepted as awarded and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The prizes are not transferable or redeemable for cash or exchanged for any other goods. No substitution allowed except, at Sponsor’s sole discretion.
Winner Notification:
All potential winners will be notified via email within two weeks after the judging process has concluded. “Notification” is deemed to have occurred immediately upon sending of an email to the email address provided to Sponsor upon entering the Promotion. In order for a winner to claim their prize, the potential winner must respond within three (3) days of Notification and may be required to sign and return an Affidavit of Eligibility and Liability Release, and any other additional documents required by Sponsor (the “Required Documents”) within five (5) days of date of Notification. If the potential winner is located in Canada, they may be asked to complete a test of skill to demonstrate prize eligibility. Failure to comply within this time period, or if prize notification or prize is returned as non-‐deliverable or not returned properly executed, or if winner is found to be ineligible or unable to complete the test of skill, or not in compliance with these Official Rules, will result in the winner forfeiting the prize and being disqualified. In this event, Sponsor will select an alternate potential winner from among remaining eligible entries based upon the judges’ selection.
Third Party Website
By participating in the Promotion, entrants hereby understand and agree that the Sponsor have any control over Third Party Websites. Entrants further agree that they are fully responsible for their dealings with any Third Party Website such as Facebook or Twitter and are alone responsible for making whatever investigation he or she feels is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect himself or herself from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on any Third Party Website.
The Sponsor also assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to or alteration of entries, or any problem or technical malfunctions of any telephone network or line, computer online systems, servers, or providers, computer equipment, software, failure of any online Promotion entry to be received on account of technical problems or traffic congestion on the Internet or at any website (including a Third Party Website), or any combination thereof, which may limit an entrant’s ability to participate in the Promotion.
Release of Liability:
International, federal, state, and local laws apply. Void where prohibited. By entering or participating in the Promotion, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Potential winners who do not comply with these Official Rules, or attempt to interfere with the Promotion in any way, shall be disqualified. By entering or participating in this Promotion, participants , participants accept all risk and consequences of entry and participation in this Promotion, and agree to forever and irrevocably release and hold harmless Sponsor(s), Facebook and Instagram and each of their respective current and future parents, subsidiaries, affiliated companies and their respective current and future officers, directors, employees, , agents, shareholders, licensees, attorneys, successors, assigns, representatives, and partners (collectively “Released Parties”) from any and all claims, lawsuits, judgements, controversies, consequences, causes of action, injuries, liability, losses, proceedings, demands, fines, penalties, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses (including, without limitation, reasonable outside attorneys’ fees and court costs), of any kind (collectively, “Claims”), under any legal theory, arising from or related to this Promotion, including but not limited to (i) human transmission, or technical problems, failures, or malfunctions of any kind that may limit your entry and participation in this Promotion; (ii) the acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use (or misuse), non-use, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of any prize (or any component thereof); (iii) any change in prize(s) (or any components thereof) due to unavailability or due to reasons beyond Released Parties’ control; (iv) any incorrect or inaccurate information, whether caused by participant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Promotion; (v) the violation of any third-party privacy, personal, publicity or proprietary rights, rights of publicity and invasion of privacy, (vi) any interruptions in or postponement, cancellation or modification of the Promotion, prize(s) or these Official Rules; (vii) any unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an participant; or (viii) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties. Released Parties assume no responsibility for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information. Participant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Promotion and/or the awarding of any prize(s). Any approval from Sponsor shall not waive, diminish or negate your indemnification obligations to Released Parties. Released Parties will not be liable to the winner(s) or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. Participant shall indemnify Released Parties and their respective officers, directors, affiliates, contractors, subsidiaries, agents, employees and partners from and against all claims or suits and any damages or costs (including reasonable attorneys’ fees) arising from or relating to participant’s violation or inaccuracy of any warrantees or representations made relating to this Promotion. Released Parties are not responsible for any fraud or misconduct on the part of the participant.
Sponsor is not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Promotion; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Promotion, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Promotion is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion (or portion thereof). Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or any website operated by the Promotion Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sponsor is not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Promotion or in any activity or travel related thereto or from any interaction with, or downloading of, computer Promotion information.
ANY PERSON ATTEMPTING TO DEFRAUD SPONSOR OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
IN NO EVENT WILL SPONSOR OR ITS PARTNERS AND AFFILIATES BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE CONTEST, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may or may not apply to you.
Participant Obligations:
By participating in the Promotion, you warrant that all information submitted is true, current and complete at the time of submission. It is your sole responsibility to ensure that your details and email address are accurate, and that Sponsor is informed of any changes to these. Sponsor accepts no responsibility for any changes for which Sponsor is not properly notified from the time of submission of your entry to the time of notification that the prize has been awarded. By accepting the prize, the winner agrees to release and hold Sponsor harmless from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Promotion or receipt or redemption of the prize. All taxes, insurances, transfers and other expenses resulting from the prize are the sole responsibility of the winner unless otherwise stated. The winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in the Promotion or use or redemption of the prize.
Personal Information:
The personal information collected through the Promotion is subject to the privacy policy and website terms and conditions of the Sponsor. All entries are the property of the Sponsor.
Winners’ List Requests: To obtain a copy of the winners, please see [email protected] and submit the request prior to December 31, 2020.
Sponsor Details F45 Training Incorporated of 236 California Street, El Segundo, California 90245. Contact email: [email protected].
Governing Law / Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants’, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Delaware in any action to enforce (or otherwise relating to) these Official Rules or relating to this Promotion. BY ENTERING THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT OF POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Miscellaneous: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these **
or the Required Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Required Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. For entrants, to the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the Sponsor’s website or the Corresponding Facebook page, these Official Rules control.