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ENTRANT AGREEMENT AND RELEASE: BY PARTICIPATING IN THE SWEEPSTAKES:
YOU WARRANT TO SPONSOR THAT YOU MEET THE ELIGIBILITY REQUIREMENT OF THE OFFICIAL RULES AND THE DECISIONS OF ADMINISTRATOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
BY ACCEPTING A PRIZE, YOU AGREE TO USE OF YOUR NAME, ADDRESS, LIKENESS AND/OR PRIZE INFORMATION FOR PROMOTIONAL PURPOSES (INCLUDING THE
WINNERS LIST) IN ANY MEDIUM WITHOUT ADDITIONAL COMPENSATION TO THE EXTENT PERMITTED BY LAW.
YOU AGREE THAT ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, PARTICIPANT’S RIGHTS AND OBLIGATIONS, OR THE RIGHTS AND OBLIGATIONS OF THE SPONSOR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES.
YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL, STATE AND LOCAL COURTS LOCATED IN DALLAS, TEXAS.
EXCEPT WHERE PROHIBITED, YOU AGREE THAT: (i) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES; AND (iii) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM INDIRECT, 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.
YOU RELEASE AND HOLD HARMLESS SPONSOR, ADMINISTRATOR AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS AND ADVERTISING AND PROMOTIONAL AGENCIES AND THE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, SUCCESSORS AND/OR ASSIGNS OF EACH (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY DAMAGE, PHYSICAL HARM, INJURY, LOSS OR LIABILITY, DUE IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, ARISING FROM OR RELATED TO PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, USE OR MISUSE OF A PRIZE.
California Residents: By participating in this Sweepstakes, you waive your rights with respect to California Civil Code Section 1542, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
GENERAL RULES: This Sweepstakes is void outside the 50 United States and D.C. and where prohibited, restricted or taxed. The Released Parties are not responsible for: late, lost, incomplete, undeliverable, misaddressed or misdirected Sweepstakes entries, mail, email or other communications; errors, omissions, interruptions, deletions, defects or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices and their settings or transmission lines; data corruption, theft or destruction; or unauthorized access to or alteration or loss of Sweepstakes-related information or materials. Sponsor reserves the right to restrict participation from any IP or MAC address or device if suspicious activity is detected or suspected. Sponsor assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering or for insufficient space in user's email account to receive email. The Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, this Sweepstakes. Sponsor reserves the right, at its sole discretion, to modify, terminate or suspend this Sweepstakes if for any reason this Sweepstakes cannot be conducted as designed or intended. If Sponsor modifies, terminates or suspends this Sweepstakes, Sponsor will post a notice at Missiontochange.com and, if time and circumstances allow, determine procedures for awarding the prizes. Sponsor reserves the right, at its sole discretion, to disqualify any participant from this Sweepstakes or any other promotion conducted by Sponsor or any of its affiliates if his or her fraud or misconduct disrupts the intended execution of this Sweepstakes. Sponsor also reserves the right to correct errors or inconsistencies in promotional materials or in the announcement of prizes. If Sweepstakes-related promotional materials and these Official Rules are inconsistent, then the Official Rules shall govern with respect to this Sweepstakes.
CAUTION: Any attempt by any individual to deliberately undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Sponsor reserves the right to seek damages to the fullest extent permitted by law.
PERSONAL INFORMATION: Personal information submitted in connection with this Sweepstakes is governed by Sponsor’s privacy policy available at
www.missionfoods.com/privacy-policy. Released Parties are not liable for any misuse of a prize winner’s name by third parties arising from or related to use of any winner’s personal information in the Sweepstakes winners list.
WINNERS LIST: To obtain a list of the names of the winners, please send an email to
[email protected] with “41065 Winners” as the subject line. Requests must be received by 11:59 PM ET on February 15, 2019. The winners list will be available after all prizes have been awarded. (For protection of winners’ privacy, the winners list will include first name, first initial of last name and state of residence only.)
Sponsor: Mission Foods Corporation, 5601 Executive Drive, Suite 700, Irving, TX 75038
