IMPORTANT NOTICE: THESE RULES CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14) THAT AFFECT YOUR LEGAL RIGHTS AS DETAILED BELOW. PLEASE READ CAREFULLY

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. PARTICIPATION IN THE CONTEST CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS. 

 

1. Promotion: Welcome to the “MOTHER’S DAY SWEEPSTAKES” (the “Sweepstakes”). No purchase necessary to enter or win, and no deposit, entry fee, payment, or proof of purchase is necessary to participate in this Sweepstakes. ​

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2. Sponsor. This Sweepstakes is sponsored by VerticalScope, Inc. (the “Sponsor” or “VerticalScope”), which may be contacted by email at sweeps@verticalscope.com, or by mail at 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1. ​

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3. Sweepstakes Period. The Sweepstakes shall commence at 12:00 a.m. Eastern Time on April 21, 2025 (the “Start Date”) and ends on May 11 , 2025 at 11:59 p.m. Eastern Time (the “End Date”). The period from the Start Date to the End Date shall be known as the “Sweepstakes Period.” Sponsor reserves, in its sole discretion, the right to extend the Sweepstakes Period for whatever reason without notification. Any extension of the Sweepstakes Period will be publicized at www.hometalk.com.  It is the Participant’s responsibility to check www.hometalk.com regularly to stay informed of any changes with respect to the End Date.  Sponsor’s clock is the official clock of the Sweepstakes.​

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4. Acceptance of Rules and Terms. Each eligible participant entering the Sweepstakes (“Participant”) agrees that he or she has reviewed and accepts these rules and the Sponsor’s Privacy Policy and Terms of Service. In addition, each Participant agrees to abide by these “Mother’s Day” Sweepstakes Rules (the “Rules”) and the decisions of the Sponsor, which are final and binding in all respects.

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In the event of a conflict between these Rules and any instructions or interpretations of these Rules given by an employee or agent of Sponsor regarding the Sweepstakes, these Rules shall prevail. In the event of any discrepancy or inconsistency between the Rules and disclosures or other statements contained in any Sweepstakes-related materials, these Rules shall prevail, govern, and control.

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Sponsor reserves the right to verify eligibility and to adjudicate any dispute regarding an Participant’s eligibility at any time.  If in participating in the Sweepstakes a Participant provides any false information including with respect to the Participant’s identity, residency, mailing address, telephone number, email address, ownership of right, or information required for entering the Sweepstakes, the Participant may be immediately disqualified from the Sweepstakes in Sponsor’s sole discretion.  

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SECTION 14 OF THE RULES CONTAINS A BINDING ARBITRATION AND WAIVER OF CLASS ACTION CLAUSE. PLEASE REVIEW THAT CLAUSE CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. 

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5. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) U.S. states or District of Columbia who are at least 21 years of age or older at the time of entry. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

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The officers, directors, employees, agents, and representatives of the Sponsor, its parent companies, subsidiaries and affiliates, advertising, promotional, fulfillment and judging agencies, promotion partners, supplier of prizes, material and services related to the Sweepstakes, persons engaged in the development, production, implementation, administration or fulfillment of the Sweepstakes or distribution of materials for these Sweepstakes, and the immediate family members (grandparent, parent, child, sibling, aunt, uncle, niece, nephew, in-law and spouse of each), regardless of where they live and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate in or win the Sweepstakes. 

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6. How To Enter. No purchase or payment is necessary to participate in the Sweepstakes. 

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Participants may enter the Sweepstakes during the Sweepstakes Period by visiting www.hometalk.com, completing all required fields and following all entry instructions to receive one (1) entry (“Submission”) into the Sweepstakes. Entries must fulfill all Sweepstakes requirements, as specified, to be eligible to win a prize. 

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As a condition of entering this Sweepstakes using this method, Participant consents to receive communications from Sponsor for the purpose of administering this Sweepstakes and for the purpose of providing other offers and communications which may be of interest to the Participant. Participant may unsubscribe at any time by following the “unsubscribe” link and instructions contained in any email communication Participant may receive, and doing so will not affect Participant’s entry into the Sweepstakes.

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Personal information collected in connection with this Sweepstakes is governed by Sponsor’s Privacy Policy. By participating in the Sweepstakes, Participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.  If selected as a Winner, the Participant’s information may also be included in a publicly available winner’s list.

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Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at Sponsors’ sole discretion.

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Sponsors shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise a Participant of an incomplete, invalid, or undeliverable submission. Sponsor shall likewise not be required to acknowledge a Submission once submitted. No illegible, incomplete, forged, or altered entries will be accepted. Submissions that are incomplete or do not adhere to the Rules or specifications stated herein may be disqualified at Sponsor’s sole discretion.  Submissions received after the Sweepstakes Period will not be eligible to enter or win.  

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Limit one (1) entry per Participant during the Sweepstakes Period.

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Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the individual who completed the Submission, the authorized account holder of said e-mail account at the time of entry will be considered the Participant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Sponsor shall have the right at any time to require proof of identity and failure to provide such proof may result in disqualification from the Sweepstakes.

 

7. Selection of Winner.

 

The winner(s) of the Sweepstakes (the “Winner(s)”) will be selected by random drawing from among all eligible Submissions on or about May 12, 2025. 

 

The Winner(s) will be announced publicly on Hometalk.com and will be contacted directly by a representative of Sponsor via private message on team@hometalk.com in order to claim the Prize (as described below). 

 

Winner may be required to sign an affidavit of eligibility (which affirms that he/she has complied with these Rules) as well as a liability release and, where legal, a publicity release, each of which, if issued, must be completed, signed and returned within 30 days from date of issuance, or the prize may be forfeited. The Winner may also be required to provide a mailing address (that is not a P.O. box) to receive the prize which will be shipped free of charge.  

 

Any failure of a Winner to notify and communicate acceptance of the Prize will result in forfeiture of the Prize. In the event that a potential Winner forfeits or is disqualified for any reason, an alternate potential Winner will be selected in a separate random drawing from among all remaining eligible Submissions. 

 

Sponsor reserves the right to select fewer than 1 of Winner(s) if, in its sole discretion, it does not receive a sufficient number of eligible Submissions. The Sponsor reserves the right to review all Submissions and reserves the right in their sole and absolute discretion to reject and/or remove any Submission that violates these Rules without any notification or warning. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of Submissions to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such Prize(s).

 

8. Prizes: 

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The Approximate Retail Value (“ARV”) of any Prize is as of date of printing of these Rules and is based on available information provided to Sponsor.  The value of any Prize awarded to a winning Participant may be reported for tax purposes where required by law. Any difference between the actual value of the Prize and the ARV set forth in these Rules may not be claimed and will not be awarded.

 

ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

The Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. All Prizes non-transferable. No cash redemption or prize substitution is permitted by any Winner.  At the sole discretion of the Sponsor, Sponsor may (and reserves the right to) substitute a Prize (or portion thereof) with one of comparable or greater value.  

 

Taxes and fees, if any, are the sole responsibility of the Winner(s). Sponsor is responsible only for Prize delivery and expressly disclaims responsibility for Prize utility, quality, or otherwise. Sponsor does not provide tax advice, nor should any statements in these Rules be construed as tax advice.

 

9. Odds: The odds of winning depend on the number of eligible entries received during the Sweepstakes Period.

 

10. Applicable Rules and Winners List: To obtain a copy of the any legally required winner’s list or a copy of these Rules, mail your request along with a stamped, self-addressed envelope (unless otherwise prohibited by local law) to: VerticalScope, Inc.  Mother’s Day Sweepstakes Rules/Winners List, 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1. All such requests must be received within three (3) months after the end of the Sweepstakes Period.

 

11. No Third-Party Sponsor. This Sweepstakes is in no way sponsored, endorsed, or administered by, or in association with any person, other entity or third-party other than Sponsor, including any brand, supplier, manufacturer, retailer, or other entity associated with any Prize.

 

Facebook and Instagram (collectively “Social Media Sites”) are not sponsors, endorsers, or affiliated in any way with the Sweepstakes. All questions regarding the Sweepstakes must be directed to Sponsors, not any Social Media Site. You agree as a condition of participating in the Sweepstakes that you shall release Social Media Sites from any and all liability arising out of or relating to your Submission, creation of an Submission, submission of a Submission, participation in the Sweepstakes, acceptance, use, or misuse of any prize, or the broadcast, exploitation, or use of a Submission.

 

Neither Apple, Inc. nor Google, Inc. are sponsors of this Sweepstakes and neither is affiliated with this Sweepstakes in any way.

 

1. Publicity. By participating in the Sweepstakes and providing a Submission, Participants grant Sponsor and each of its parent companies, affiliates, subsidiaries, agents and licensees a royalty-free, unconditional, irrevocable, and perpetual right, license and consent, without any compensation, consideration or further notification, to use, edit, reproduce, print, publish, display, transmit, distribute, sell, perform, adapt, enhance, or create derivative works from the Submission, and to use Participant’s names, user names, likenesses, photographs, voices, biographical and prize information, and Submission materials without notice to Participant for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes, in any media (now existing or hereinafter developed) throughout the world without additional compensation, unless prohibited by law. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.

 

By participating in the Sweepstakes, Winner(s) agree to refrain from any behavior or communication that would harm the image or reputation of Sponsor. WINNER(S) FURTHER ACKNOWLEDGE AND AGREE THAT WINNER(S)’S

 PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING WINNER(S)’S NAME ON A WINNER’S LIST.

 

2. Additional Terms and Conditions. The decisions made by Sponsor regarding, but not limited to, eligibility, winners, scoring, rules, prizes and compliance with Sponsor’s standards of conduct are final and binding. No correspondence will be entered into. Sponsor reserves the right to make reasonable changes to these terms, (a) to ensure the fairness of competition, and (b) in response to unanticipated developments (such as technical failures, errors, acts of God, natural disasters, terrorism, and changes in applicable law. These Rules are final and binding in all respects and are subject to all federal, state, and local laws and regulations. 

 

3. DISPUTE RESOLUTION: MANDATORY ARBITRATION; NO CLASS ACTIONS. PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

 

a. Informal Dispute Resolution. If a dispute arises between (i) any Participant (collectively, “You” or “Your”), and (ii) Sponsor, with respect to Your participation in the Sweepstakes or these Rules, You agree that the parties will first, as a prerequisite to the below, make a good faith effort to resolve the dispute informally for sixty (60) days after the responding party’s receipt of a written description of the dispute from the claimant party.  The written description must be on an individual basis and provide Your name, a description of the nature and basis of the claim, and the specific relief sought. Any relevant limitations period, filing fees, or other deadlines will be tolled during the sixty (60) days.

 

b. Arbitration Agreement. If informal dispute resolution does not resolve all claims and disputes that in any way relate to or arise from Your participation in the Sweepstakes or these Rules (collectively, the “Claims”), the parties agree that all Claims shall be resolved exclusively through binding arbitration according to this Section 14 (the “Arbitration Agreement”).  “Claims” includes any (A) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement and/or arising after its termination pursuant to 14(g) below, (B) claims arising out of or relating to the interpretation, applicability, enforceability or formation of these Rules and this Arbitration Agreement, or that all or any part thereof are void or voidable or whether the claim is subject to arbitration, and (C) disputes regarding the payment of administrative or arbitrator fees (including payment timing and nonpayment remedies). This Arbitration Agreement is exclusively governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. Except as otherwise set forth in this clause 14(b), the arbitrator or arbitration body shall have exclusive authority to resolve all disputes.

 

The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.  Notwithstanding this clause 16(b), each party retains the right to (A) elect to have applicable claims resolved in small claims court on an individual basis; and (B) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s Claims are time-barred or may be brought in small claims court.

 

You agree to submit to the personal jurisdiction of any federal or state court situated in Province of Ontario in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

Except as set forth in clauses 14(c) and 14(e) below, if any provision of this Arbitration Agreement is found to be invalid, the parties agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions hereof remain in full force and effect. 

 

YOU UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE CLAIMS, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

c. Class Arbitration & Collective Relief Waiver. YOU AND SPONSOR ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS CLAUSE 14(c) AND CLAUSE 14(e) BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM, UNLESS SPONSOR AT ITS SOLE DISCRETION CONSENTS TO CONSOLIDATE ARBITRATION IN WRITING.  Nothing in this provision prevents the parties from entering into a class settlement.

 

d. Arbitration Rules, Initiation, Location & Procedure. If available, the arbitration will be administered by National Arbitration and Mediation (“NAM”).  If NAM is not available, the parties will agree on a suitable national arbitration provider.  Except as modified by this Section 14, NAM (or the selected arbitrator) will administer the arbitration according to applicable NAM rules and procedures available at www.namadr.com or by emailing NAM’s Commercial Dept at commercial@namadr.com.  If You are initiating arbitration, a copy of the demand shall also be emailed to sweeps@verticalscope.com.  If Sponsor is initiating arbitration, it will serve a copy of the demand on You to the email address associated with the Submission used to participate in the Sweepstakes, if any.  Subject to NAM rules and procedures, the arbitrator will have discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.  Unless prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than You and Sponsor (and each party’s authorized representatives and agents), and all records relating thereto will be permanently sealed.

 

e. Batch Arbitration. If 100 or more similar arbitration demands (asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected with the parties’ consent if NAM is unavailable) against Sponsor within reasonably close proximity (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (a final batch may consist of the remaining demands if less than 100) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction or deferral determined in the arbitrator’s discretion; (iv) that no other arbitration demands that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by both the Sponsor and You, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible according to applicable NAM rules and procedures, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Sponsor and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM.   This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind.  Unless Sponsor otherwise consents in writing, Sponsor does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in clause 16(c) above and this clause 16(e). If your demand for arbitration is included in the Mass Filing, Your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

 

If this Batch Arbitration Provision is held unenforceable by either the arbitrator or a court of competent jurisdiction, then the parties agree that the Arbitration Agreement is voidable at the election of either party and that any Claims may be pursued in a court of competent jurisdiction located in the Province of Ontario.

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f. Arbitrator’s Decision, Fees. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement.  The parties agree that the damages and/or other relief must be consistent with clause 14(c) above and also must be consistent with the terms of Section 16 of these Rules, the “Limitation of Liability and Release” section below. Attorneys’ fees will be available to the prevailing party only if authorized under the substantive law governing the claims.  The arbitrator has the right to impose sanctions according to NAM rules and procedures for any frivolous claims or submissions the arbitrator determines were not filed in good faith, and for a party’s failure to comply with the Informal Dispute Resolution Procedure in clause 14(a). You are responsible for Your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

 

g. Right to Opt-Out of the Arbitration Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” SET FORTH IN THIS SECTION 14, THEN: (i) within fifteen (15) days of the date that You enter the Sweepstakes, You must notify Sponsor in writing by mail sent to 111 Peter Street, Suite 600, Toronto, Ontario, M5V 2H1, Attn: VerticalScope, or by email to sweeps@verticalscope.com; and (ii) Your written notification must include (A) Your name, address, and email address, (B) the date you entered the Sweepstakes, and (C) a clear statement that You wish to opt out of this Arbitration Agreement.

 

4. CHOICE OF LAW: Except where prohibited, each Participant agrees that: (i) all issues and questions concerning the Sweepstakes and these Rules shall be governed by the Province of Ontario law, excluding its conflicts of law provisions; and, (ii) You consent and submit to the personal jurisdiction of the state or federal courts situated in the Province of Ontario, for the purposes of litigating any such disputes, claims or causes of action (where permitted pursuant to Section 14).

 

5. Conditions of Participation and Limitation of Liability: 

 

By participating, Participants hereby release, hold harmless, covenant not to sue, and forever discharge Sponsor, their respective parent companies, affiliates, subsidiaries, retailers, divisions, dealers, advertising and promotion agencies, and all others associated with the development and execution of the Sweepstakes, and each of its and their directors, employees, officers, and agents from and against any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes, including without limitation (i) the administration of the Sweepstakes, such as typographical, printing, seeding, human or other errors relating to or in connection with the Sweepstakes, the processing of entries, the announcement of the prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, or damaged entries, any delays in delivery or lack of availability of the prize or prize materials; (ii) Participants’ participation in the Sweepstakes offered by Sponsors or their acceptance or use of a prize, or participation in any prize related activities, including, without limitation, any travel related thereto, and death and bodily injury (including emotional distress), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy; and/or (iii) liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of any prize or participation in any prize-related activities. 

 

By entering participating in the Sweepstakes, each Participant represents and agrees (and agrees to confirm in writing) to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, suppliers and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize or participation in any Sweepstakes-related travel or other activity and for any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. 

 

Each Participant represents agrees (and agrees to confirm in writing) to indemnify, release, and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorney’s fees, arising in connection with any third-party action arising out of a breach or allegation which if true would constitute a breach of any of Participants representations, warranties or obligations herein.  Each Participant hereby acknowledges that the Released Parties have 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 any of the Prizes (or any components thereof).  Any and all warranties and/or guarantees on a Prize (if any) are subject to the respective manufacturers’ terms therefore, and Participants agree to look solely to such manufacturers for any such warranty and/or guarantee. 

 

The Released Parties are not responsible or liable for any incorrect or inaccurate Submission information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation, connectivity, or transmission at any website, network, or server, (ii) failure of any Submission to be received by Sponsor due to technical/mechanical/electronic errors or problems, human error, or traffic congestion on the Internet or at any website, network or server, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from or related to participation in the Sweepstakes, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of Submissions and/or entry information, (vi) Submissions, email messages, votes/scores, or other communications related to the Sweepstakes which are late, lost, stolen, damaged, delayed, garbled, illegible, unintelligible, misdirected, mutilated, and/or incomplete (or any combination thereof), (vii) printing, typographical or other errors appearing within these Rules or in any Sweepstakes-related advertisements or other materials; (viii) the administration of the Sweepstakes or the processing or judging of Submissions or the tabulation of votes, or (ix) other errors or problems of any kind.

 

Sponsor reserves the right at their sole discretion to disqualify any individual who is found to be (i) acting in violation of these Rules or (ii) acting in an unsportsmanlike or disruptive manner, with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or with the intent to annoy, abuse, threaten or harass any other person. 

 

Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Sweepstakes as contemplated by any event beyond their control, including, without limitation: infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes; the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries/submissions; and/or, a force majeure, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within its control, then Sponsor shall also have the right to modify, suspend, extend or terminate the Sweepstakes. In the event that the Sweepstakes is terminated, cancelled, or postponed for any reason whatsoever, the actual/appraised value of the prize(s) will be awarded to the extent required by law. 

 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE SPONSORS’ SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OFFERED BY SPONSORS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.