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1. REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant warrants and represents, and if you are entering as a group each person within the group represents and warrants, in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry; (b) the Entry is original and the use of the Entry as described in these Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the use of the Entry, as described in these Rules, will be in compliance with any third-party licenses pertaining to the Entry; (d) the Entry is not obscene or libelous, does not contain defamatory or derogatory remarks, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (e) he/she has accurately categorized and described the type and nature of the Entry on the Entry Page; (f) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (g) the Entry and its use as described in these Rules will not violate any federal, provincial, state or local laws or ordinances; (h) no employer or educational or other establishment has any rights in the Entry; (i) the Entry is consistent with these Rules; and (j) he/she has the right to grant the license to Sponsor and its designees in Section 2 below.
2. INTELLECTUAL PROPERTY
Any submission idea, documentation, photograph or video entered in this Contest shall remain the exclusive property of FiftyFifty Brewing Co. and Entrant agrees that FiftyFifty Brewing Co. and its designees shall have the perpetual, worldwide, irrevocable right to edit, publish and use these materials in any way and in any and all media now or hereafter known for trade, advertising, promotional and/or other purposes as FiftyFifty Brewing Co. may determine in its sole discretion without further consideration to Entrant or winner. The Entrant agrees to assign all rights, title and interest in to the submission, including copyright, to FiftyFifty Brewing Co.
3. AUTHORIZATION TO USE WINNER'S NAME
Accepting the prize constitutes permission for the FiftyFifty Brewing Co. to make public and otherwise use winner's name, voice, picture, likeness, opinions, biographical information, city and country of residence, and submitted work without further compensation in any media now known or hereafter developed for promotional and/or publicity purposes, unless prohibited by law. Each winner also agrees to participate in and cooperate with any promotional activity and/or publicity relating to the Contest as FiftyFifty Brewing Co. shall reasonably request from time to time.
4. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these Rules, including all eligibility requirements and all decisions of the FiftyFifty Brewing Co.. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless the FiftyFifty Brewing Co. and its officers, directors, employees, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, and parent from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Rules; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted.
BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT FIFTYFIFTY BREWING CO. MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
By participating in the Contest, the Entrant agrees that the FiftyFifty Brewing Co. is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from Entrant's access of the Contest website. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, the FiftyFifty Brewing Co. may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at the contest website. If the Contest is terminated before the scheduled end of the Contest Period, FiftyFifty Brewing Co. will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom the FiftyFifty Brewing Co. believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. FiftyFifty Brewing Co. reserves the right to disqualify any unauthorized entries, including, without limitation, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF THE SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES.
For the avoidance of doubt, to the extent that English law applies, nothing in these Rules shall limit or exclude either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.
5. PRIVACY
Except as otherwise stated herein or as otherwise agreed by the Entrant and FiftyFifty Brewing Co., the information communicated by the Entrant in connection with Entry to the Contest will be used for the purposes relating to this Contest, and will not be communicated to third-parties without prior permission.
6. TRADEMARK INFORMATION
The name FiftyFifty Brewing Co., as well as the FiftyFifty Brewing Co. logo, and specific FiftyFifty Brewing Co. beer brand logos and names are all registered trademarks of Truckee Craft Brewing, pending trademarks of Truckee Craft Brewing, or trade names. Any use of those or any other Truckee Craft Brewing trademark, service mark, trade name or logo must comply with the Truckee Craft Brewing Trademark Policies.
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