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10.LIMITATIONS OF LIABILITY. Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from: (i) typographical or other error in the printing of the Official Rules, offering or announcement of any Prizes or any ambiguity in the Official Rules; (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries; (iii) any error in the collection or retention of entry information due to human error or mechanical failure; (iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or any of their agents or employees; (v) your participation or inability to participate in any Sweepstakes-related activity; (vi) any malfunction of the computer or telephone system, whether technical or due to human error; (vii) lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems on any telephone network (TSP), computer online systems (ISP), servers or providers, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to your or to any other person’s computer or telephone system related to or resulting from participating in the Sweepstakes; (viii) your acceptance, receipt, possession, defects in, misuse, inability to use, or use of any Prizes element including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed prize (or any element thereof); or (ix) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Released Parties’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including, but not limited to, overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Released Parties’ sole and reasonable control, or as otherwise permitted in these Official Rules.
Winners hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, in fact or in law, relative to the Prizes or any component thereof. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of any Prizes. In the event a potential Instant Winner or the Potential Winner or any Winners are disqualified for any reason under the provisions of these Official Rules, such individual and all rights to any Prizes will be forfeited in its entirety and a random drawing may be conducted in order to select an alternate potential Instant Winner or Potential Winner, as applicable, if time permits.
WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES AND ALL MATERIALS PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor finds to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to 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.
11.GOVERNING LAW/JURISDICTION. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. The New York courts (state and federal) shall have sole jurisdiction of any controversies regarding the Sweepstakes. Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts. Except where prohibited, as a condition of participating in this Sweepstakes, you agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action. You further agree that in any cause of action, the Released Parties’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees and/or experts’ fees and costs. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and further waive all rights to have damages multiplied or increased.
12.USE OF INFORMATION. By entering the Sweepstakes, Participant agrees that his/her entry and any other personally identifiable information collected or used in connection with the Sweepstakes may be used by Sponsor in accordance with its Privacy Policy, as posted on nickjrfanclub.com.
13.RULES/
WINNERS LIST. To receive the name of the Winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: “12 Days of Nick Jr. Holiday Sweepstakes & Instant Win Prizes” 1515 Broadway, 42nd Floor, Space #42-33F, New York, NY 10036. Please specify “Rules” or “Winner Info”. All requests must be received by February 6, 2018. You may also view the Official Rules by visiting the Sweepstakes Site during the Entry Period
