*Last updated on 2021-11-09
TABLE OF CONTENTS
THIS IS A BINDING CONTRACT. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR VOTE IN THIS COMPETITION.
WARRANTY DISCLAIMERS, LIABILITY LIMITATIONS, AND ARBITRATION.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
SPECIAL NOTE: AS EXPLAINED BELOW, THE PURCHASE OF A VOTE IN THE COMPETITION IS NOT A DONATION AND IS NOT TAX DEDUCTIBLE.
DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPRESSED, SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Any content or information downloaded or otherwise obtained through the use of the Website, forms, social media, press releases, communications, including emails and test messages (collectively the “Resources”) is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
No information or advice, whether expressed, implied, oral, or written, obtained by you from Sponsor or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms and Conditions.
LIMITATIONS OF LIABILITY
Under no circumstance will Sponsor be liable for any direct or indirect damages with respect to the availability or accuracy of the Resources or information contained therein, the availability of the Competition or operation of the Website, the responsiveness of the Resources or your use of the Resources or information provided to you.
IN NO EVENT SHALL THE SPONSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR RESOURCES, YOUR INABILITY TO USE THE WEBSITE OR RESOURCES, OR THE REGISTRATION, VOTING, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE OR RESOURCES, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPONSOR BE LIABLE FOR ANY DIRECT DAMAGES BEYOND OUT OF POCKET COSTS, ATTORNEYS’ FEES OR ARBITRATION COSTS.
You understand that, by accessing any images or external links on the Website or the Resources, you may encounter content that may you may deem offensive, indecent, or objectionable, which said content may or may not be identified as having explicit images or language, and that the accessing of a particular image or external link may unintentionally result in the user to being subjected to objectionable material. Nevertheless, you agree to use the Website at your sole risk, that you understand Sponsor has provided images and external links for convenience purposes only, and that Sponsor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
All content and materials available on the Website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property ("IP") of Sponsor, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any of Sponsor's IP or content on the Website is strictly prohibited, unless specifically authorized by Sponsor.
The information provided by Sponsor is the copyrighted property of Sponsor. Your use of this information is limited to you alone under these Terms and Conditions and the Rules. It may not be copied, retransmitted, sold or provided to others in any form or format except as provided for in this section of the Terms and Conditions.
The news media and subscribers may use brief portions of any material provided it is not distorted, Sponsor is given credit for the material utilized, and Sponsor is shown as the copyright holder.
Pursuant to the Rules, Entrants expressly assign any intellectual property rights in the Submitted or Additional Photographs to Sponsor and waive any claims for copyright infringement or violation of the right of publicity.
GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION
The Competition is controlled by Sponsor from offices located in the State of Arizona, USA, and can be accessed from most countries around the world. As each country has laws that may differ from those of Arizona, by accessing the Website and/or participating in the Competition in any fashion, you agree that the laws of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the Competition, including as an Entrant, Voter, or Winner (as defined in the Rules), the use of the Website and the participation in the Competition, including through this Website.
Furthermore, any action to enforce these Terms and Conditions shall be brought pursuant to the Rules and the specific provisions in the Rules titled “Waiver and Limitations of Liability” and “Dispute Resolution”, which are incorporated in this document by this reference. You hereby agree to be bound and abide by the Competition Rules and all provisions therein.
When you provide us with your mobile phone number, you agree that Sponsor may contact you at the number provided via text message. Message and data rates apply. Message frequency may vary. Consent to be contacted via text message is not required to participate in the Competition. Reply “STOP” to discontinue text messages at any time or contact us at any time to opt out of future communications.
By providing your email address, you agree to receive emails from Sponsor (including newsletter, updates, and promotional offers related to the Competition).
By entering the Competition, Entrants accept and unconditionally agree to be bound and abide by these Terms and Conditions.
All Entrants must be individuals who are of Eligible Entry Age ((at least eighteen (18) years or older)), at the time of entry and on the date that the earliest of the Submitted and Additional Photographs were taken. Void where prohibited or otherwise restricted by applicable law.
Employees and family members of the Sponsor and its respective parent companies (collectively, the “Competition Entities”), are ineligible to participate in the Competition or any related Ancillary Promotion.
All voters are entitled to one (1) free vote every twenty-four (24) hours (once per day) during the Competition. Additional votes may be purchased. Voters purchasing votes must be eighteen (18) years or older at the time of purchase.
Entrants are not permitted to cast paid votes for themselves.
TERMS OF PURCHASE
By your use of the Website and/or by completing your vote purchase, you hereby explicitly agree to be bound and abide by the “Waiver and Limitations of Liability” and “Dispute Resolution” provisions of the Rules.
PURCHASED VOTES ARE NOT DONATIONS AND ARE NOT TAX DEDUCTIBLE. Voters do not donate by virtue of purchasing votes.
All votes purchased throughout the Competition are processed by Sponsor. At the end of the Competition, Sponsor, in its separate and sole capacity, will donate no less than twenty-five percent (25%) of its net proceeds earned from votes purchased to the Andrew McDonough B+ Foundation, a non-profit 501(c)3 organization dedicated to providing financial and emotional support to families of children with cancer nationwide. PURCHASING VOTES DOES NOT AMOUNT TO A DONATION BY VOTERS IN ANY WAY, SHAPE, OR FORM.
NO REFUND POLICY
Since the Competition will be decided based upon votes the public casts, there are no refunds once a vote is cast. As a Voter, you are responsible for understanding this policy. To maintain the integrity of the Competition, there will be no exceptions to this policy.
All vote purchases are immediately final and non-refundable. By making a purchase, you acknowledge you have read and agreed to the Competition's "No Refund Policy", as written in herein.
CHANGES TO THIS AGREEMENT
Sponsor may occasionally update this Agreement. When it does, Sponsor will also revise the "last updated" date at the top of the Agreement herein, posted on the Website. Such changes will be effective when posted by Sponsor. Your continued use of the Resources or participation in any fashion with the Competition after the date upon which this Agreement is changed and the changes are posted will constitute your continued acceptance of the Agreement. Your only alternative, should you no longer wish to be bound by the Terms and Conditions of this Agreement, is termination of your use of the service. No full or partial refunds will be offered in such an event.
If you have any questions or comments about these Terms and Conditions as outlined above, you can contact us here.