ALL BOUNTIES, CHALLENGES, TOURNAMENTS AND SIMILAR CONTESTS ("CONTESTS") SPONSORED OR OTHERWISE PROMOTED BY PARTIE PARTNERS, LLC ("PARTIE") SHALL BE GOVERNED THESE GENERAL RULES IN ADDITION TO ANY OTHER RULES, POLICIES, TERMS, AND CONDITIONS THAT MAY BE IMPLEMENTED BY PARTIE.
ALL CONTESTS ARE INTENDED FOR PARTIE'S MEMBERSHIP AND ANY OTHER INDIVIDUALS GIVEN ACCESS TO PARTICIPATE ("PARTICIPANT" OR "YOU"). INTERNET ACCESS IS REQUIRED TO PARTICIPATE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
ARBITRATION NOTICE: BY PARTICIPATING IN ANY CONTEST, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY CONTEST ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT, OR CLASS-WIDE ARBITRATION. See DISPUTES/ARBITRATION PROVISION CONTAINED HEREIN.
- ELIGIBILITY: Contests are open to eligible Participants as may be decided in Partie's sole and absolute discretion. Contests are only open to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies, or other entities. Employees, officers, and directors of Partie, its parent, subsidiary, and affiliated companies, advertising and promotion agencies, and any other individuals or entities who are engaged directly or indirectly in the development of, the production, distribution, or review of materials for, or the administration, execution, or implementation of any Contest (collectively, the "Contest Entities") and persons in the immediate family of such individuals (spouse, parent, child, sibling, partners, and their respective spouses, and foster and step-relations) regardless of where they reside, or those living in their same household (whether or not related) as any person in any of the preceding categories may be prohibited from participation or ineligible to win any prizes associated with any Contests.
- AGREEMENT TO RULES: All participation in Contests shall be governed by these General Rules and any other rules, policies, terms, and conditions that may be implemented by Partie in its sole and absolute discretion. By participating in any Contest, Participants fully and unconditionally agree to be bound to and accept these General Rules and any additional terms and conditions whether or not specific to the Contest implemented or otherwise communicated by Partie. By participating, Participants agree to be bound to the decisions of Partie (and its authorized representatives), which are final and binding in all matters.
- HOW TO PARTICIPATE: In connection with each Contest, Partie will announce all material information relating to the Contest, including the applicable competition periods and details on how to enter and participate. Partie's clock/server/computer is the official time keeping device for purposes of any dates or time restrictions imposed for the Contest. All participation must comply with these General Rules. Participants are solely responsible for understanding all rules that apply to their participation, including the General Rules, and determining the correct time zone in its respective jurisdictions. Contest Entities disclaim all liability or responsibility relating thereto.
- PRIZES: Prior to each Contest, Partie will announce the available prizes for the winner(s). In addition to the announced prizes, Partie may from time to time announce additional “surprise” prizes that are available during the Contest for the winner(s) and other Participants. Prizes may vary by Contest. Additional terms and conditions may apply. Partie will announce the procedures by which each winner or selected Participant can claim prizes. Winner(s) and Participants may be subject to verification, including compliance with the General Rules. Partie will endeavor to deliver all prizes in a reasonable manner and time. Contest Entities are not responsible for any undelivered emails, messages or any other communications, including but not limited to those that are not received because of the winner or Participant's privacy or spam filter settings that may divert any email, message or other Contest related email to a spam or junk folder.
- TAXES: Winner(s) and Participants are solely responsible for any and all federal, state, municipal and local taxes, fees, and other government assessments associated with receipt and use of a prize or participation in any Contest. Federal and state withholding laws are subject to change without notice. The withholding laws in effect at the time the prize is claimed will be followed, and individuals may be issued an Internal Revenue Service Form W-2G or Form 1099 by Partie (if required), which the winner will be required to sign at a time and in a manner determined by Partie in its sole discretion.
a. Partie reserves the right in its sole discretion to disqualify any individual who: (i) tampers or attempts to tamper with the operation of any Contest, including the any entry process or Partie's website; (ii) violates the General Rules; or (iii) acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PARTIE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
b. Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in any Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission (including availability or accessibility of the internet), incompatibility, communications failure, theft, loss or destruction of Entries, nor for the failure to capture Entry or other information. Contest Entities are not responsible for injury or damage to Participants' or to any other person's computer or mobile device related to or resulting from downloading materials from or use of any Website. If, for any reason, any Contest or any element thereof is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, force majeure, technical or other failures or errors, or any other causes similar or dissimilar which Partie deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest or any element thereof, Partie reserves the right at its sole discretion to cancel, terminate, modify or suspend any Contest or element thereof and select the winning Participant(s) from non-suspect, eligible entries received prior to the action or as otherwise may be deemed fair and equitable by Partie. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any communications, announcements, advertising or promotional materials relating to this Contest, these General Rules shall govern.
c. Partie shall have no responsibility or obligation to a potential winner who is ineligible for the prize, or is unable to or who does not accept the prize, for any reason.
d. Prizes are awarded "as is" without any express or implied warranty or guarantee from Partie, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Only the prizes described herein are available to be awarded; in no event will the Contest Entities be responsible for awarding more or different prizes than stated herein. Prizes cannot be assigned, transferred, or substituted, except by Partie which may, at its sole discretion, substitute a prize or any part thereof with a prize of equal or greater value. Prizes are not redeemable for cash; any difference between the actual value and ARV of the prize will not be awarded as cash, or otherwise unless otherwise stated.
e. Contests are in no way sponsored, endorsed, or administered by, or associated with Facebook, Instagram, Twitter, YouTube, Google, or any other social media or similar platform where any Contest may be promoted, advertised, or otherwise used to disseminate information relating to the Contest. You understand that all information is being provided to Partie, and not to Facebook, Instagram, Twitter, YouTube, Google, or any other social media where any Contest may be promoted, advertised, or otherwise used to disseminate information relating to the Contest. Partie is not responsible for practices, terms or actions taken by any of these or other social media and web services sites. You understand that you are required to comply with terms and conditions of those social media platforms.
- PUBLICITY RELEASE: By participating in any Contest and accepting a prize, you grant (and agree to confirm that grant in writing, if necessary) Partie or Partie's authorized representatives the right to use your entry, name, biographical information, likeness, image, voice, and statements for promotion, trade, commercial, and publicity purposes, at any time or times, in all media now known or hereafter discovered, including television, internet and social media, worldwide, without notice, review or approval and without additional compensation except where prohibited by law.
- INDEMNIFICATION AND RELEASE OF LIABILITY: BY PARTICIPATING, YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO RELEASE, DISCHARGE, AND HOLD HARMLESS PARTIE, OTHER CONTEST ENTITIES, AND THEIR PARENT, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS ("RELEASED PARTIES") FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS, LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY CONTESTS, PROMOTION OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE, OR OTHER PARTICIPATION IN THIS CONTEST. By entering or accepting a prize, YOU covenant to the fullest extent permitted by law not to sue any Released Party or cause them to be sued regarding any matter released above, and not to disaffirm, limit, or rescind this release. A waiver by one or more of the Contest Entities of any term in these General Rules does not constitute a waiver of any other provision. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT. Any provision adjudged to be invalid shall be struck from these OFFICIAL Rules and the remainder shall continue in full force and effect. IN NO EVENT SHALL THE CONTEST ENTITIES AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THESE GENERAL RULES, OR PARTICIPATION IN ANY CONTEST EXCEED U.S. $1,000.00
- ADDITIONAL TERMS: In case of dispute as to the identity of any Participant, the Entry will be declared made by the Authorized Account Holder of the e-mail address, telephone number, or other means used to enter any Contest. "Authorized Account Holder" is defined as the natural person who is assigned to the e-mail address, telephone number, or other means used issued by a service provider responsible for assigning the account, e-mail address, telephone number, or other means. Any potential winner may be requested to provide Partie with proof that such winner is the Authorized Account Holder of the e-mail address, telephone number, or other means used to enter any Contest. The sufficiency and type of such proof is subject to Partie's sole and absolute discretion.
- FORCE MAJEURE: Contest Entities shall not be liable to Participants, the winner or any other person or entity for failure to execute any Contest, or supply a prize or any part thereof, by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, epidemics, pandemics, 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, cancellation or delay of any event, or any similar or dissimilar event beyond their reasonable control.
- DISCLAIMERS: Partie is not responsible for telecommunication or hardware or software failures, including by reason of any bug or computer virus or other failure. Partie may cancel, modify, or terminate any Contest (including winner selection and prizes) without prior notice if it is not capable of completion as planned, including by reason of infection of computer virus, tampering, unauthorized intervention, force majeure or technical difficulties of any kind.
- ALTERNATIVE DISPUTE RESOLUTION/ARBITRATION: Any disputes between the parties relating to the terms of these General Rules, or the breach thereof, shall be submitted to binding arbitration in Orange County, California in accordance with the Commercial Arbitration rules of the American Arbitration Association (the "AAA"). Partie and Participants each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Partie and Participants each hereby waive the right to participate in any class action, whether in court or arbitration. In the event that either party desires to arbitrate any such dispute, such party shall so notify the other party and the parties shall endeavor, for a period of 30 days, to resolve such dispute without arbitration. In the event that the parties cannot resolve the dispute within such 30 day period, then within 10 days thereafter, the parties shall jointly designate a single arbitrator to hear the dispute, or, if the parties are unable to jointly select an arbitrator, an arbitrator shall be chosen according to the rules of the AAA. The arbitration, including the rendering of the award, shall take place in Orange County, California and shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrator shall be final and binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of reasonable attorneys' fees and costs to the prevailing party) shall be paid by the losing party of such arbitration (as the arbitrator determines). The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, Partie and Participants each waive any right to a jury trial.
- SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of these General Rules shall in no way affect the validity, legality, or enforceability of any other provision hereof. Any invalid, illegal, or unenforceable provision shall be deemed severed from these General Rules and the balance of these General Rules shall be construed and enforced as if these General Rules did not contain such invalid, illegal, or unenforceable provision.
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