(a) Neither Sponsor nor its parents, subsidiaries, affiliates, prize suppliers,
advertising and Sweepstakes agencies (including Armstrong and its parents, subsidiaries,
affiliates and agencies) and all of their respective directors, officers, employees
and agents (collectively, the "Sponsor Affiliates") are responsible for any of the
following, whether caused by Sponsor, an entrant or human error: any lost, late,
incomplete, misdirected entries or mail or postage-due mail; technical or mechanical
malfunctions; any virus, error, omission, interruption, defect or delay in transmission
or communication; interrupted or unavailable cable or satellite systems; failures
of electronic equipment, computer hardware or software; lost or unavailable network
connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic
communications or entry information.
(b) All meals, gratuities, in-room charges, travel expenses, travel insurance, transfers,
taxes (including, without limitation, federal, state and local taxes) and other
expenses not specified herein as being provided by Sponsor as part of the prize
are the sole responsibility of the winner. Sponsor will not replace any lost, mutilated
or stolen tickets, vouchers or certificates. If winner does not accept or use the
entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor
will have no further obligation with respect to that prize or portion of the prize.
No prize will or may be transferred, substituted, assigned or redeemed for cash,
except at Sponsor's sole discretion, and Sponsor reserves the right to substitute
the prize or portion thereof, with another prize or portion thereof, of equal or
greater value for any reason, including, without limitation, if a stated prize or
portion thereof becomes unavailable. If legitimately claimed, the prize will be
awarded.
(c) By accepting a prize, the winner grants (and agrees to confirm that grant in
writing) to Sponsor and the Sponsor Affiliates the right to use the winner's name,
image, portrait, likeness, biographical information and/or other information about
the winner for advertising, trade, Sweepstakes or commercial purposes, in any and
all media now known or hereafter invented, devised or discovered, worldwide and
on the Internet, without review, notice, compensation or approval, except where
prohibited by law.
(d) BY PARTICIPATING, EACH ENTRANT AGREES TO RELEASE, DISCHARGE, INDEMNIFY, DEFEND
AND HOLD HARMLESS SPONSOR AND THE SPONSOR AFFILIATES AND THE RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE "RELEASED
PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, LAWSUITS, COSTS, EXPENSES AND
FEES (INCLUDING ATTORNEYS' FEES) WHATSOEVER FOR ANY INJURY, NEGLIGENCE, LOSS OR
DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INJURY, DAMAGE, LOSS, DEATH OR
ACCIDENT TO PERSON, PET OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY, FROM OR IN
CONNECTION WITH ACCEPTANCE, AWARDING, POSSESSION, USE OR MISUSE OF THE PRIZE, OR
WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES-
OR PRIZE-RELATED ACTIVITY.
(e) Sponsor and the Sponsor Affiliates are not responsible for any typographical
or printing error in these Official Rules, advertising for this Sweepstakes, or
any other materials. Sweepstakes materials and entries are void if not obtained
through authorized, legitimate channels, or if any part is defective, altered, forged,
counterfeited, mutilated or tampered with in any way, or if any Sweepstakes materials
contain a printing, typographical, mechanical, technical, or other error, or do
not contain proper security devices.
(f) If this Sweepstakes is incapable of running as planned for any reason, including,
without limitation, because of tampering, unauthorized intervention, fraud, human
error, or any other cause that corrupts or threatens to corrupt or adversely affect
the administration, security, fairness, integrity, or proper conduct of the Sweepstakes,
Sponsor reserves the right, in its sole discretion, to cancel, suspend or modify
the Sweepstakes. Sponsor's failure to enforce any provision in these Official Rules
does not constitute a waiver of that or any other provision.
(g) THE WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS AND THE RELEASED PARTIES
MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR
IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT
OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE. FURTHER, THE RELEASED PARTIES HAVE AND ACCEPT NO RESPONSIBILITIES
FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR RE-ROUTING RESULTING FROM ANY
ACTS OF ANY GOVERNMENT OR AUTHORITY. WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE
FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST(S) RELATED TO ANY SWEEPSTAKES-RELATED
ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED
TO A GUEST'S USE OF THE PRIZE.
(h) Sponsor reserves the right to permanently disqualify any entrant it believes
has violated or attempted to violate these Official Rules. By participating in this
Sweepstakes, each entrant agrees to not damage or cause interruption to the Sweepstakes
and/or prevent others from participating in the Sweepstakes. Any attempt to tamper
with, impair, damage or undermine the legitimate operation, administration, security,
fairness, or proper play of this Sweepstakes violates criminal and/or civil laws.
If such an attempt is made or if any person supplies false information, obtains
entries by fraudulent means, or is otherwise determined to be in violation of these
Official Rules in an attempt to obtain any prize, Sponsor may disqualify that prize
claimant and may seek damages and the prize claimant may be prosecuted to the fullest
extent permitted by law.
(i) In the event of a dispute concerning who submitted an entry, the entry will
be declared to have been made by the authorized account holder of the e-mail address
submitted at the time of entry, but only if that person meets all other eligibility
criteria. An authorized account holder is defined as the natural person who is assigned
to an e-mail address by an Internet access provider, online service provider or
other organization (e.g. business, educational institution, etc.) that is responsible
for assigning e-mail addresses for the domain associated with the submitted e-mail
address. Potential winner may be requested to provide Sponsor with proof that he/she
is the authorized account holder of the e-mail address associated with the potentially
winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry
will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR
WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL
AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, COMPANY MAY DISQUALIFY ANY PARTICIPANT
MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
(j) Except where prohibited, as a condition of participating in this Sweepstakes,
each entrant agrees that any and all disputes that cannot be resolved between the
entrant and any Released Party, claims and causes of action arising out of or connected
with this Sweepstakes, or the prize awarded, or the determination of the winner
must be resolved individually, without resorting to any form of class action. Further,
in any such dispute, under no circumstances will an entrant be permitted to obtain
awards for, and hereby waives all rights to claim, punitive, incidental or consequential
damages, or any other damages, including attorneys' fees, other than entrant's actual
out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250),
and entrant further waives all rights to have damages multiplied or increased.