GIVEAWAY RULES

By entering any Promotion, Entrants agree to be bound by these Official Rules, specific terms and communications in connection with a Promotion, and the decisions of the Sponsor, which are final and binding (“Rules”). Please read these Official Rules carefully. If you do not agree to these Rules, you should not participate in a Promotion; submission of entry will constitute your acceptance of these Rules. Without limitation, Sponsor reserves the absolute right to modify these Official Rules, in whole or in part, at any time by posting revised Rules via the Sponsor’s website and/or Social Media Platform used to facilitate the Promotion (as described below).

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SOCIAL MEDIA ACCOUNT, EMAIL ADDRESS AND/OR INTERNET ACCESS MAY BE REQUIRED TO ENTER A PARTICULAR PROMOTION. Void in Quebec, and where prohibited or restricted by law.

All personal information collected from participants will be handled in accordance with the SPONSOR’s Privacy Policy which can be accessed by visiting https://bowhunterplanet.com/privacy-policy.

ARBITRATION NOTICE: BY ENTERING, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.

OVERVIEW: From time to time it is anticipated but not guaranteed that Sponsor (or its authorized representatives) may offer one or more sweepstakes (each is a separate “Promotion”) and the terms and conditions provided in these underlying Rules, which are incorporated into each Promotion, shall govern each such Promotion, unless terms or details are otherwise (or more specifically) stated in connection with a particular Promotion. A Promotion may be disseminated by Sponsor and/or its authorized third-parties, such as its contractors, Influencers, bloggers, prize suppliers and/or specific promotion partners (collectively referred to herein as “Promotion Partners”) which may vary.  Authorized specific communications, terms or details in connection with a particular Promotion may be different from or omitted from these Rules (i.e. Entry deadlines, prize ARV, quantities, limitations, timing, etc.), the specific shall control the matter communicated with respect to that particular Promotion, and shall be deemed incorporated herein to the extent necessary to affect their purpose. Sponsor may offer Promotions with one or separate entry Periods, which may vary in duration, and generally non-winning entries will not carry over into subsequent drawings within a Promotion, or from one Promotion to another. Various differing Promotions may be offered at the same time, may coincide, or Sponsor may not offer a Promotion at any given time, all in its sole and absolute discretion.

ELIGIBILITY:  Generally, Promotions are anticipated to be offered in and open only to legal residents of the 50 United States & D.C. (“U.S.”) and Canada (excluding Quebec) who are 18 years of age or older. Employees, officers and directors of Excalibur Crossbow, inc (“Sponsor”), its parent company, affiliates and subsidiary companies, prize suppliers, influencers/talent (if any), Promotion Partners and those individuals and entities involved in the execution, preparation of materials and/or administration of a Promotion or any element thereof (collectively referred to herein as the “Promotion Entities”) and their immediate family members (spouse, domestic partner, siblings, children and parents including foster and step-relations) and those living in the same household as such individuals (whether or not related) are not eligible to enter or win a prize in any Promotion.

PROMOTION PERIOD: Generally, each Promotion begins on or about 12:00 am Pacific Time (“PT”) on the beginning date stated in the Ad and ends 11:59 pm PT on the ending day stated (“Promotion Period”). All time referenced herein is Pacific Time. Sponsor’s server’s time-keeping device shall be the official time keeping device for a Promotion. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; PROMOTION ENTITIES DISCLAIM ALL LIABILITY AND RESPONSIBILITY RELATING THERETO. Sponsor reserves the absolute right to disavow and immediately terminate at any time any Ad (defined below) or individual Promotion for any reason as determined by Sponsor in its sole and absolute discretion. Without limiting the foregoing, Sponsor reserves the absolute right to terminate, cancel or modify a Promotion, in whole or in part, by posting immediate notice on the Sponsor’s Site or Social Media Platform used to advertise a Promotion.

AGREEMENT BY ENTRANT: All entries, entrants and participation in a Promotion shall be governed by these Official Rules. By participating in a Promotion, each entrant fully and unconditionally agrees to the fullest extent permitted by law to be bound to these Official Rules, the Sponsor’s online Terms of Use and Privacy Policy and any additional instructions, terms and conditions specific to a Promotion communicated by Sponsor. Entrants further agree to be bound to the decisions of the Sponsor (including its authorized representatives), which are final and binding in all matters pertaining to a Promotion. 

By submitting an entry in any Promotion, entrants agree to be contacted by Sponsor with notices and reminders pertaining to such Promotion. In addition, entrants agree to receive advertising and promotional communications from Sponsor, Promotion Partners, or other authorized third parties by granting consent with the method communicated at time of entry; you may opt out at any time without affect to your entry.

HOW TO ENTER: From time to time, a Promotion related call-to-action advertisement may be disseminated directly by or on behalf of Sponsor in support of a particular Promotion (authorized Promotion“Ad”) via various media, channels and platforms. Such approved platforms are generally expected, but not guaranteed, to include YouTube, Facebook, Twitter and/or Instagram, but may be limited or expanded in Sponsor’s discretion without affect to the Promotion (each is an approved “Social Media Platform” or “Platform”). An Ad may be disseminated by Sponsor and/or its authorized third-parties, such as its contractors, Influencers, bloggers, prize suppliers and/or specific promotion partners (collectively referred to herein as “Promotion Partners”), which may vary. The Ad may be displayed on Sponsor’s and/or Promotion Partner(s) own account(s), page(s), websites, or via their approved third parties’, as applicable.

To enter during the applicable Promotion Period, follow the instructions to enter as provided in the Ad, click-through to the Promotion-specific landing page (excaliburcrossbow.com/2022-accessory-giveaway), and complete the entry form and respond to the requirements in full, provide required contact information, and fully comply with all instructions, then submit your entry.

Entry steps, instructions and requirements may vary. Limit one (1) entry per person, per Promotion (regardless of entry methods provided, if applicable) unless otherwise stated. Failure to follow all steps will void entry.

ENTRY SPECIFICS: Entries must be complete, compliant, and submitted only via the method communicated, or at  and must be received by Sponsor within a stated Promotion or Entry Period. Sponsor reserves the absolute right at any time to disavow any unauthorized third-party promotional links and/or communications and any entries submitted via such links will be invalidated and ineligible. Incomplete, invalid, unsuitable, or otherwise non-compliant entries (as determined in Sponsor’s sole and absolute discretion) will not be eligible. Once submitted, an entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Entries may only be submitted by a single registered Social Media or email account user; group or commercial submissions are not permissible.  Multiple entrants are not permitted to share the same device, account, IP or email address. Entrants may not (whether apparent or suspected) enter through a sweepstakes club or exchange sites (or similar method, whether or not payment is exchanged), with multiple or false identities, accounts, or devices, or use multiple e-mail and/or street addresses, or use/benefit from any other device or artifice to enter. Engaging directly or indirectly in any (apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line sweepstakes clubs (or similar methods), exchange sites, robotic, automatic, macro, programmed participations methods, or other dubious or questionable participation, as determined in Sponsor’s sole and absolute discretion, will void all such entries, and disqualify any entrant suspected of using/benefitting directly or indirectly from such methods. If an entry, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the Sponsor community, Sponsor reserves the right to disqualify entry/entrant and remove any such entry. Promotion Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, illegible, or misdirected entries (in whole or in part), and/or non-compliance. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used in connection with the entry will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

Promotion Entities assume no responsibility for any equipment, computer, telephone, device, network, platform, app, electronic, hardware or software malfunctions, failures, connections, or (un)availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, website, user (in)accessibility or (un)availability, incompatibility, traffic congestion, unauthorized human intervention or any human error, nor the incorrect or inaccurate capture of entry, or other information, nor for the failure to capture or display any such information.

USE OF SOCIAL MEDIA: While you may forward or share with family, friends and direct known contacts, please do not engage in phishing or spamming. Apparent or suspected phishing or spamming, sending of junk communications or the use of any unauthorized method or automated system to participate, or to acquire (unauthentic) entries, Likes or Follows, etc. is prohibited, as is posting content to irrelevant or inappropriate sites to obtain entry, and, if discovered at any time will void the applicable entry and entrant suspected of using/benefitting from such methods in Sponsor’s sole and absolute discretion. Entrants’ use of any Social Media Platform used to advertise or facilitate a Promotion must comply with and be in accordance with its respective Terms of Use, Terms of Service and Policies (available on the respective platform’s home page). From time to time, a Promotion may be advertised via various Social Media Platforms, but entries may be accepted only via one stated Platform. A Promotion is in no way sponsored, endorsed or administered by, or associated with any Social Media Platform on which it may be promoted, advertised or mentioned.

By entering, entrants understand and agree that submitted eligible entries may be subject to public viewing, streaming (i.e. “digital transmission”), downloading (i.e. “digital distribution”), and public comments, including but not limited to being forwarded, re-grammed, re-tweeted, and otherwise posted, for commercial and non-commercial purposes, throughout Sponsor’s, Promotion Partners’, and unrelated third parties’ digital and off-line social media, marketing and advertising properties. Normal internet access and device usage charges imposed by your mobile plan and/or on-line service may apply to entry via mobile device. For those entrants entering with a mobile device: Promotion may not be available via all mobile carriers. Messaging & data rates apply to internet access via mobile devices. Other charges may apply; check your mobile plan for rates/details. Consent is not a condition of purchase. 

LICENSE GRANT: At the time you submit an entry, and whether or not selected as the winner, by entering a Promotion and providing Sponsor with the entry and all user generated content therein (“UGC”) if applicable, you grant Sponsor (its affiliates, related entities and authorized third-parties which may include Promotion Partners) a worldwide, royalty-free, perpetual, irrevocable, exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such entry/UGC and any element thereof, in any media, form, format, or medium, of any kind now known or later developed for any purpose whatsoever, including but not limited to, marketing, advertising, and other commercial and non-commercial purposes using or incorporating such entry/UGC information, and for any other purposes and/or uses whatsoever. You agree not to assert any moral rights you might have with respect to the entry/UGC you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication or entry you provide or otherwise submit to us. All rights in this paragraph are granted without the need for review or additional compensation of any sort to you. You further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor’s rights. You understand and agree by granting this license your entry/UGC may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor.  You will not now nor in the future be paid for your entry/UGC or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in a Promotion.

REQUIREMENTS FOR ENTRY: Incomplete, non-compliant or otherwise ineligible entries, participation or any element thereof, will disqualify an entry/entrant. Proof that you uploaded an entry does not constitute proof or evidence that it was received within a Promotion Period or eligible for a Promotion, or any element thereof. Sponsor reserves the absolute right to disqualify and/or immediately remove any entries and/or entrants in whole or in part for any reason within its sole and absolute discretion. Without limitation, entries will be disqualified if Sponsor considers for any reason an entry, or any element thereof, not to be in the spirit of a Promotion, ineligible or otherwise not compliant herewith, or granting a prize to any entrant will have a detrimental impact on Sponsor, a Promotion, any of Sponsor’s or Promotion Partners’ brands, products or services.

By submitting an entry, entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same) that their entry submitted and all content therein: (i) is the original creation of the entrant and has not been copied in whole or in part from any other work, and is the sole and exclusive property of the entrant (or entrant has all ownership or licensed rights thereto and in any and all content); (ii) does not contain, depict, condone, encourage or promotethe use of a crossbow or any hunting activity in a cruel, illegal, dangerous, harmful, or unsafe manner, nor contain, depict, condone, encourage or promotecontent that is(or may be construed as) obscene, reprehensible, repugnant, offensive, sexually inappropriate, overtly political or religious, discriminatory, defamatory, highly sensitive, harmful, dangerous, unsafe, illegal, violent, explicit, cruel, hateful, or otherwise unsuitable, as determined solely by Sponsor (in its sole and absolute discretion); (iii) does not violate or infringe any laws including but not limited to copyright or trademark laws, or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iv) does not refer to or contain in any respect information about an individual under the age of 18 without the express permission of the minor’s parent or adult legal guardian; and (v) owners of any depicted venues, or any individuals mentioned, featured in, or who have worked on the entry, in whole or in part, in any manner have given entrant their express written consent to submission to a Promotion and the use contemplated. If requested by Sponsor, entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality.

DRAWING/WINNER SELECTION: There will be the stated number of potential winner(s) in connection with the applicable Promotion who will be selected in a random drawing conducted at Sponsor’s headquarters (or that of its authorized representative) on or within approximately twenty (20) working days following the end of a Promotion Period from among all eligible entries received during such applicable Promotion. Sponsor or its authorized designee will notify the potential winner(s) via direct message, email and/or phone (in Sponsor’s sole discretion) and asked to respond with their contact information for verification and prize fulfillment purposes. Canadian potential winner(s), if applicable, will be required to correctly respond, unaided to a four-part mathematical skill testing question before being confirmed as a winner. Potential prize winner(s) may be required to complete, sign, have witnessed and return a Declaration of Eligibility, Liability, and where lawful, Publicity Release within the time stated by Sponsor, or else prize will be forfeited and an alternate potential winner selected from remaining eligible entries in the applicable Promotion. Prize will be forfeited if prize notification or Declaration is not timely responded to or received, as applicable, according to the instructions and by the deadline provided. Sponsor reserves the right to require a potential winner to execute additional documents for prize award, if necessary.

On the basis of Sponsor’s determination (in its sole and absolute discretion), and regardless of whether or not valid documents are provided, if a potential winner still appears or is suspected of being incapable, too inexperienced, unwilling, legally constrained, or otherwise unsuitable for any reason of safely, legally, and/or properly engaging in any and all prize-related activities, such individual will be disqualified, and the Grand Prize will be forfeited and awarded to an alternate potential winner.

Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any other communications, including but not limited to those that are not received because of entrant’s privacy or spam filter settings that may divert any potential winner notification or other Promotion related e-mail to a spam or junk folder. Prize award is subject to verification of eligibility and compliance with these Official Rules.

PRIZE(S)/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: Prize award(s) are subject to verification of eligibility and compliance with these Official Rules and the specific requirements of a particular Promotion. Prizes vary per Promotion and may be subject to additional terms, conditions and limitations, which, in addition to the actual prize description, quantities available to be awarded in a Promotion and ARV will be as advertised in the Ad and/or on the Landing Page, but are anticipated but not guaranteed to consist of merchandise items ranging in value between $25 and $2500. Limit one (1) prize per person/Promotion. Limit one (1) major prize (over $1,000 ARV) per person, in a twelve (12) month period. Odds of winning depend on the number of eligible entries received for the applicable Promotion.

General Prize Conditions (however additional/different prize conditions may be added or modified by Sponsor or its designee at any time in connection with a Promotion).  Winner is solely responsible for providing any and all equipment, devices, goods/services, data, personal protection, licenses, permits and any other item necessary for prize use/activities. Actual value may differ from ARV. Winner(s) will be required to provide valid government issued photo ID and to obtain and maintain any and all necessary insurance (including car, health, liability, trip and any other insurance) in connection with a prize. Winner acknowledges and agrees that Promotion Entities are not providers/carriers of transportation or insurance providers. Promotion Entities are not responsible for any changes of any element of a prize, nor are they liable for any expenses incurred as a consequence of changes, cancellation or delays. Any unclaimed and/or unused  prize package, or any element thereof, will remain the property of Sponsor or its designee.  The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Declaration (as defined herein), and/or other required Release Documents and failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate winner provided sufficient time exists to verify an alternate. 

All federal, state and local taxes and related reporting requirements in connection with a prize, if any, are the sole responsibility of a U.S. winner. Any difference in ARV and actual value will not be awarded in cash or otherwise. A prize is not redeemable for cash or otherwise. All costs, fees and expenses not expressly stated as being included herein are the sole responsibility of a winner. A prize must be accepted and taken in its entirety or will be forfeited. Any gift certificate, gift card, voucher, coupon or similar item received as a prize: is for promotional purposes only; redeemable only as provided by winner; will not be replaced by Sponsor if lost, misplaced, damaged, destroyed or stolen; and is subject to the terms and conditions of issuer including rain check/cancellation policies and procedures, and/or legal or other restrictions that were unforeseen or later imposed. A prize cannot be assigned, transferred, redeemed for cash, or substituted, in whole or in part, except by Sponsor who may, at its sole discretion, substitute a prize, or any element thereof with a prize or substitute item of equal or greater value. Prize, and any element thereof, including any products received as a prize, may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Only the number and description of prize(s) stated in the Ad and/or Landing page is available to be won in a Promotionand any such prize award is subject to the prerequisites and limitations stated in connection therewith. In no event shall Promotion Entities be responsible for awarding more than the stated number of prizes. 

In the event of noncompliance, if an entrant becomes noncompliant or ineligible during or after a Promotion Period, or a potential winner fails to respond within the time specified or cannot be reached within two (2) separate attempts using the contact method selected by Sponsor (in Sponsor’s discretion), the prize will be forfeited and an alternate potential winner may be selected at random for the prize, assuming sufficient time exists to verify an alternate. A winner later found ineligible or non-compliant will be immediately required to return and forfeit any prize awarded (and the prize will not be reawarded). After two (2) unsuccessful attempts to verify an alternate winner for the prize, the prize will remain un-awarded in the applicable Promotion. Prize or prize notifications that are unawarded, unclaimed, undelivered, misdelivered (including into spam or junk folders), refused, or returned will not be re-awarded. There will not be a second-chance drawing for any Promotion. Any prize pictured in advertising or promotional materials is for illustrative purposes only and may not be the actual prize or have the same elements or features as the prize awarded. Any copyright or trademark mentioned or featured in connection with a Promotion/prize are the copyrights, trademarks or registered trademarks of their owners/manufacturers, which are not sponsors of any Promotion and may not be otherwise affiliated with a Promotion.

Except for any standard manufacturer’s warranty PRIZES ARE AWARDED “AS IS” WITHOUT WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR QUALITY OR CONDITION AND PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sponsor reserves the right, but without any obligation whatsoever, to conduct a voluntary background check on a potential winner, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring any Promotion Entity into public disrepute, contempt, scandal or ridicule or reflect unfavorably on a Promotion, the Sponsor, prize suppliers, or their respective brands, goods or services, as determined by Sponsor in its absolute discretion.

GENERAL RELEASE:  Failure to timely return or properly complete Release Documents, or if a potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and (an) alternate potential winner(s) may be selected. BY PARTICIPATING IN A PROMOTION, ENTRANTS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE SPONSOR, ITS PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS, AND ANY SOCIAL MEDIA PLATFORM (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, INVASION OF THE RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART FROM THE USE OF THE ENTRY IN WHOLE OR IN PART,THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEBSITES, AND/OR PARTICIPATION IN A PROMOTION OR ANY OTHER ELEMENT THEREOF. To the fullest extent permitted by law, entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by one or more of Promotion Entities of any term in these Official Rules does not constitute a waiver of any other provision. Any invalid, illegal or unenforceable provision shall be deemed severed from these Rules only to the extent of its invalidity, illegality or unenforceability, and these Rules shall be construed and enforced as if they did not contain the stricken provision.

PUBLICITY RELEASE: By entering and/or accepting a prize, entrants and winner(s) hereby consent, where lawful, to the use by Sponsor and Promotion Partners (and their authorized representatives) of their entry, name, image, likeness, voice, hometown, and/or biographical information (including the right to edit, adapt, crop, and modify such information or use it in illustrative, or composite form, alone or in conjunction with other materials) in any and all media now known or hereafter developed worldwide, including digital and cellular networks, the Internet and World Wide Web (including but not limited to Sponsor’s and/or unrelated third-parties’ social media platforms and websites) without notice, review or approval and without additional compensation except where prohibited by law.

LIMITATIONS OF LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF A PROMOTION OR ANY ELEMENT THEREOF, PARTICIPATION IN ANY PROMOTION ACTIVITIES, PARTICIPATION IN PRIZE RELATED ACTIVITIES OR ANY ELEMENT THEREOF, THE USE/MISUSE OF A PRIZE BY ANYONE, AND/OR DAMAGES ARISING OUT OF ANY PARTICIPANT’S ACCESS TO AND USE OF (OR FAILURE/INABILITY TO ACCESS OR USE) A PROMOTIONAL WEBSITE, OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEBSITE.

If, for any reason, a Promotion or any element thereof is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, artifice, cheating or fraud, equipment, software, hardware, network or technical failures, force majeure, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Promotion or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend a Promotion or any element thereof and select the winner(s) for the applicable prize/prize level from eligible, non-suspect entries received prior to the action, or as otherwise may be deemed equitable by Sponsor, in its sole discretion. Sponsor is not responsible for user cheating or fraud by any entrants. Persons who are suspected of using or benefiting from (directly or indirectly) use of fraud, artifice, cheating, tampering, or abuse of any aspect of a Promotion or any element thereof, as solely determined by Sponsor will be disqualified.  Any activities intended to disrupt or interfere with the proper play of a Promotion or defraud Sponsor in any way may be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prize won.

In the event that technological, programming, printing, erroneous communications, human or other error causes more than the stated number of winners/prizes as indicated in connection with a Promotion, to be communicated, sent as notifications, distributed, announced, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number and description of prizes pursuant to a random drawing among all eligible non-suspect claimants or as otherwise deemed equitable by Sponsor, in its sole discretion. Unless otherwise stated herein, in the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication by any person, or in any Ad, Landing page, website, emails, announcements, advertising, brochures, Promotion materials and/or any other communications or information relating to a Promotion or any element thereof, these Official Rules (English version, if applicable) shall govern. 

FORCE MAJEURE: Promotion Entities shall not be liable to entrants or a winner or any other person or entity for failure to execute a Promotion or any element thereof, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor equipment or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, cancellation or delay of any event or experience, epidemic or pandemic, or any similar or dissimilar event beyond their reasonable control.

DISPUTES/ARBITRATION: Sponsor’s decisions are final and binding in all matters and disputes relating to any Promotion, including, but not limited to, interpretation and application of these Official Rules. For greater certainty, such matters and disputes are to be resolved in Sponsor’s sole discretion. By entering, to the fullest extent permitted by applicable law, entrants waive all rights to jury trial, class-action lawsuit, or class-wide arbitration in connection with a Promotion and these Official Rules. ALL PROMOTIONS ARE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OREGON WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in a Promotion, except where prohibited by applicable law, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with a Promotion shall be resolved individually, without resort to any form of class action, exclusively before a neutral, binding one person arbitration panel located in Detroit, Michigan.

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