Re: Pending ++
7. HOLD HARMLESS.
Sweepstakes is provided "as is". Winner and entrants agree that
the Sweepstakes Parties shall not be responsible or liable for, and each winner and
entrant agrees to release and hold harmless the Sweepstakes Parties from losses,
damages, or injuries of any kind to person, including personal injury or death, or
property resulting from participating in the Sweepstakes or Sweepstakes-related
activity, including, but not limited to, the acceptance/possession and/or use or misuse
of any prize or any injury or damage to entrant’s or third person's property related to or
resulting from any prize or any part of the Sweepstakes. By participating in the
Sweepstakes, entrants agree that the Sweepstakes Parties will have no liability
whatsoever for, and that entrant shall hold the Sweepstakes Parties harmless against,
any liability for any claims based on publicity rights, defamation, or invasion of privacy
as well as injuries, damages, or losses of any kind, whether or not foreseeable,
including, without limitation, direct, indirect, incidental, consequential or punitive
damages to persons or to property arising out of the prize awarded hereunder.
Without limiting the foregoing, everything regarding the Sweepstakes, including any
websites used in connection therewith and any prize awarded hereunder, are provided
"as is" without warranty of any kind, either express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular purpose, or
non-infringement, all of which are expressly disclaimed by the Sweepstakes Partie
s.
8. LIMITATIONS OF LIABILITY AND RELEASE.
No liability or responsibility is
assumed by Sponsor or Parties resulting from any user's participation in or attempt to
participate in the Sweepstakes or ability or inability to upload information in
connection with participating in the Sweepstakes. No responsibility or liability is
assumed by the Sponsor or Parties for technical problems or technical malfunction
arising in connection with any of the following occurrences which may affect the
operation of the Sweepstakes: hardware or software errors; faulty computer, telephone,
cable, satellite, network, electronic, wireless or Internet connectivity or other online
communication problems; errors or limitations of any Internet service providers,
servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any
email transmissions to be sent or received; lost, late, delayed or intercepted email
transmissions; inaccessibility of the Website in whole or in part for any reason; traffic
congestion on the Internet or the Website; unauthorized human or non-human
intervention of the operation of the Sweepstakes, including without limitation,
unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any
aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or
unavailability of an email account used in connection with the Sweepstakes. Sponsor
and Parties are not responsible for any typographical errors in the announcement of
prizes or these Official Rules, or any inaccurate or incorrect data contained on the
Website. Use of Website is at user's own risk. Sponsor and the Parties are not
responsible for any personal injury or property damage or losses of any kind which
may be sustained to user's or any other person's computer equipment resulting from
participation in the Sweepstakes, use of the Website or the download of any
information from the Website. By participating in the Sweepstakes, the entrant forever
releases and discharges Sponsor and Parties from any and all claims, damages or
liabilities arising from or relating to such entrant's participation in the Sweepstakes. By
accepting a prize in the Sweepstakes, Winner agrees that the Sponsor and Parties shall
not be liable for any loss or injury resulting from participation in the Sweepstakes,
acceptance or use of any prize. Sponsor and Parties are not liable in the event that any
portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or
terrorism, or any other condition beyond their control (a "Force Majeure Event").
9. CHOICE OF LAW.
All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and obligations of
Entrant, Sponsor and the Indemnitees in connection with the Sweepstakes shall be
governed by, and construed in accordance with, the substantive laws of the State of
California, USA. All claims, judgments and awards on behalf of entrant will be limited
to lesser of actual out-of-pocket costs incurred or two hundred fifty dollars. Attorneys’
fees will not be awarded or available to entrant, even if entrant proves to be a prevailing
party. ENTRANT ACKNOWLEDGES AND AGREES THAT HE OR SHE HEREBY
WAIVES AND RELEASES ANY RIGHT TO BRING ANY DISPUTE AS A CLASS
ACTION OR PARTICIPATE IN THE SAME.
10.
RULES REQUESTS/NAMES OF WINNERS. For a copy of the Official Rules, send a
self-addressed stamped envelope to: Jose Ole Game Day Sweepstakes Rules, PO Box
280267, Nashville, TN 37228 (return postage may be omitted where prohibited).
Requests received after October 15, 2019 will not be honored. For a list of the winners,
available after October 31, 2019, send a self-addressed stamped envelope to: Jose Ole
Game Day Sweepstakes Winners List, PO Box 280267, Nashville, TN 37228 (return
postage may be omitted where prohibited). Requests received after December 1, 2019
will not be honored.
11.
ADMINISTRATOR. Sweepstakes administrator is Southern Made Services, LLC, 844
Hillwood Blvd Nashville, TN 37209.
12.
DISPUTES. To the fullest extent permitted by law, entrant agrees that: (1) Any and all
disputes, claims and causes of action brought by him/her arising out of or connected
with this Contest or a Prize awarded (collectively, “Dispute”) shall be resolved
individually, without resort to any form of class action; (2) Any and all Disputes shall be
settled in an amicable discussion between the entrant and Sponsor. If any Dispute
cannot be resolved in such manner, before resorting to any other legal remedy, entrant
and Sponsor shall be determined solely by arbitration in San Francisco, California
before one JAMS arbitrator agreed upon by the parties. The arbitration shall be
administered by JAMS pursuant to its Comprehensive Arbitration Rules and
Procedures. Judgment on the Award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction; (3) Any and all claims, judgments,
and awards to entrant shall be limited to actual out-of-pocket costs incurred, including
costs associated with entering this Contest, but in no event attorneys' fees; (4) Under no
circumstances will entrant be permitted to obtain awards for, and entrant hereby
waives all rights to claim, indirect, punitive, incidental and consequential damages and
any other damages, other than for the lesser of actual out-of-pocket expenses or two
hundred fifty dollars , and any and all rights to have damages multiplied or otherwise
increased.
Copyright © 2019, Ajinomoto Foods North America, Inc., 4200 Concours Street Suite
#100 Ontario, CA 91764 All rights reserved.