GENERAL CONDITIONS: This Random Drawing is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Random Drawing or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Sponsor and each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotional-related activity or participation in this Random Drawing. In consideration for being awarded a Prize, or any portion thereof, the Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner’s (and guest’s) name and/or likeness in any and all advertising, promotions and other publicity conducted by Sponsor, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Random Drawing without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
PRIZE WINNER AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR, RANDOM DRAWING ENTITIES, CUE, TWITTER, FACEBOOK, INSTAGRAM AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY RANDOM DRAWING RELATED ACTIVITY OR PARTICIPATION IN THIS RANDOM DRAWING.
By entering this Random Drawing, the Entrant agrees to the following Statement:
I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR." The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
LIMITATIONS OF LIABILITY: The Sponsor is not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the Random Drawing or downloading any material for the Random Drawing, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Random Drawing or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Random Drawing by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Random Drawing is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Random Drawing is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Random Drawing, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Random Drawing.
To the maximum extent permitted by law, in no event will KQED be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the Random Drawing, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
DISPUTES: Except where prohibited, as a condition of participating in this Random Drawing, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Random Drawing or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Random Drawing, but in no event attorneys’ fees, and in no event to exceed two hundred fifty
dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (iv) this Random Drawing and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
MISCELLANEOUS:
(a) Dates and Deadlines: Because of the unique nature and scope of the Random Drawing, the Random Drawing Provider reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Random Drawing.
(b) Privacy: Information submitted in connection with the Random Drawing will be treated in accordance with these Official Rules, KQED's Privacy Policy (as may be amended from time to time), currently located at [http://www.kqed.org/about/help/privacy.jsp] and PBS LearningMedia’s Privacy Policy located at [http://www.pbslearningmedia.org/help/privacy-policy/] provided, that in the event of any conflict between these Official Rules and such Privacy Policies, the terms and conditions of these Official Rules shall prevail.
(c) Prize Winner: For the name of the Prize Winners, send a self -addressed stamped envelope after March 26, 2015 to: Winners List, "PBS LearningMedia/KQED Digital Pack Random Drawing” c/o KQED, 2601 Mariposa St., San Francisco, California 94110. Requests for Winners List must be received by April 30, 2015.