By entering this Sweepstakes and unless prohibited by law, the Potential Prize Winner hereby consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the Potential Prize Winner and guest may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering this Sweepstakes, unless prohibited by law, the Potential Prize Winner agrees to grant to the Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sponsor in its sole discretion.
By entering this Sweepstakes electronically and voluntarily providing your personal information, entrants consent and agree to the Sponsors’ collection and use of the entrant’s information for the administration of this Sweepstakes and agree to Sponsors’ use of entrant information for the purpose of contacting entrant in relation to this Sweepstakes. For the avoidance of doubt, entrants are providing information to the Sponsor and not to Facebook.
8. RELEASE AND INDEMNIFICATION: By entering the Sweepstakes, entrants release and hold the Sponsor, and any affiliated entities including parents, related and affiliated companies, subsidiaries, advertisers, promotional agencies and each of their respective directors, successors, sponsors, partners, licensees, officers, subsidiaries, agents, employees, artists, artist entities, advisors, assignees, and all others associated with the development and execution of the Sweepstakes harmless from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from the Sweepstakes or participation in any Sweepstakes-related activity, or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize awarded in connection with the Sweepstakes, including without limitation causes of action, claims and demands, including legal fees and expenses, including but not limited to, claims based on negligence, breach of contract and liability for physical injury, death, or property damage which the entrants or his/her administrators, heirs, successors or assigns might have or could have, by reason of or arising out of the entrant’s participation in the Sweepstakes and/or in connection with the acceptance and/or use entrant of the Prize.
The Sweepstakes is in no way sponsored, endorsed, administered by or associated with, Facebook and all entrants agree to release and hold harmless Facebook from any and all liability associated with or arising out of the Sweepstakes.
9. LIMITATION OF LIABILITY: The Sweepstakes, all Prizes, and all materials provided on or through the Sweepstakes Site 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.
WITHOUT LIMITING THE RELEASE GRANTED BY ENTRANTS HEREIN, BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2)UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3)ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
10. GOVERNING LAW: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.