7. GENERAL CONDITIONS:
[FONT=Arial,Arial][FONT=Arial,Arial]Participation in the Promotion constitutes entrant’s (and if entrant is a Minor, entrant’s Parent’s) full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and Administrator, which are final and binding in all respects. Entries and related information become the exclusive property of Sponsor upon submission. Sponsor is under no obligation to correspond about entries nor will entries be returned. Proof of delivery of an entry will not be deemed to be proof of actual receipt by Sponsor. The Promotion Parties are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Promotion, including, without limitation, errors which may occur in the administration of the Promotion, processing of entries; the announcement of the prizes or in any Promotion–related materials, (b) failed, incomplete, garbled, or delayed computer transmissions; (c) late, lost, garbled, misdirected, incomplete, stolen, delayed or misdirected entries or prize claims; (d) inaccessibility of any website in whole or in part for any reason; (e) damage to entrants' or any person's computer, mobile device or other equipment or the contents thereof; or (f) any condition caused by events that may cause the Promotion to be disrupted or corrupted (including at participating Sport Clips locations). In the event of any conflict between any Promotion details contained in these Official Rules and Promotion details contained in any Promotion advertising materials, the details of the Promotion as set forth in these Official Rules shall prevail. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem as well as any natural disaster, civil disturbance or governmental action which interferes with Sponsor offering the Promotion at [/FONT][/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]participating Sport Clips location(s), the Sponsor may, in its sole discretion, either: (a) suspend the Promotion (that is, the website and/or at participating Sport Clips location) to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; (b) award the prizes for drawing(s) for affected day(s) of the Entry Period from among the applicable eligible entries received for such affected day(s) up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Although Sponsor attempts to ensure the integrity of the Promotion, Promotion Parties are not responsible for the actions of participants or other individuals in connection with the Promotion, including participants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Promotion. Any attempt by any person to obtain more entries than the maximum number permitted, using multiple/different identities or any other methods including entry automation, macros, or scripts will void all of that person’s entries. Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Promotion or any future Sponsor promotion, any individual it suspects: (a) to be tampering with the entry process or the operation of the Promotion or attempting to defraud Sponsor and/or Administrator in conjunction with participation in the Promotion; (b) to be acting in violation of these Official Rules; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person (including but not limited to Sport Clips service providers and/or Sport Clips patrons); (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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. The Sponsor’s/Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Internet entry must be made by the entrant only at the authorized web site address listed in these Official Rules.
[/FONT][/FONT]8. RELEASE AND LIMITATIONS OF LIABILITY:
[FONT=Arial,Arial][FONT=Arial,Arial]By participating in the Promotion, you (and if you are a Minor, your Parent) agree to forever and irrevocably release, discharge and hold harmless the Promotion Parties, together with the respective parents, officers, directors, employees, representatives, agents, shareholders, successors and assigns of each (aforementioned individuals and organizations collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Promotion or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, software, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Promotion; (d) errors in the administration of the Promotion, the processing of entries or prize claims, or the announcement of prizes; (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt of any prize; or (f) any condition caused by events beyond the control of the Sponsor that may cause the Promotion to be disrupted or corrupted. Except where prohibited, you (and if you are a Minor, your Parent) further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion (if any), and in no event shall the Released Parties be liable for attorney’s fees. Except where prohibited, you (and if you are a Minor, your Parent) hereby waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property resulting from the Promotion or relating to the delivery and/or subsequent use or misuse of any prizes awarded. Without limiting the foregoing, the Promotion, all prizes, and all materials 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. [/FONT][/FONT]
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