END USER LICENSE AGREEMENT/TERMS AND CONDITIONS
NOTICE TO USER
This End User License Agreement (EULA) is a CONTRACT between You (an individual, company or a Legal entity) and Simplyou.io, a Digital Product Labs, Inc., which covers your use of the SIMPLYOU software product that accompanies this EULA and related software components, which may include associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software Product.” A software license, issued to a designated user only by Simplyou.io or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on one domain. You may not create derivative copies of the Software Product License.
(b) Grant of License: Subject to a validly issued Software Product License, Simplyou grants to you the non-exclusive, non-transferable right to use the Software Product on a single website running a valid licensed copy of the operating system for which the Software Product was designed. You may not create derivative copies of the Software Product. All rights not expressly granted to you are retained by Simplyou.io.
(c) Backup Copy; Software Product: YOU may responsibly make a copy of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
(d) Backup Copy; Software Product License: You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.
The Software Product is protected by the United States and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Simplyou.io. Simplyou.io reserves all intellectual property rights, including copyrights, and trademark rights.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Simplyou.io’S written approval and subject to written agreement by the recipient of the terms of this EULA.
You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Simplyou.io may provide you with support services related to the Software Product. Use of any such support services is governed by the Simplyou.io policies and programs described in “online” documentation and/or other Simplyou.io -provided materials. Any supplemental software code or related Simplyou.io products provides to you as part of the support services is to be considered a part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to Simplyou.io as part of the support services, Simplyou.io may use such information for its business purposes without restriction, including for product support and development unless you explicitly restrict us in written and we acknowledge it based on the GDPR regulation compliance. Simplyou.io will not use such technical information in a form that personally identifies you. Providing technical information to You for customizations will be governed by the internal policies, however Simplyou.io will not provide customization other than mentioned services on Software Product and Software Product License unless otherwise mentioned in the internal business policies.
Simplyou.io may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE “AS IS”, AND Simplyou.io (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, SECURITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Simplyou.io (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. IF YOU FIND A PORTION OF THE SOFTWARE THAT IS NOT WORKING, PLEASE SUBMIT A SUPPORT TICKET AND WE WILL CORRECT THE PROBLEM GRANTED IT IS NOT RELATED TO YOUR HOSTING COMPANY OR YOUR PERSONAL INTEREST. NOT ALL HOSTING COMPANIES ARE CONFIGURED THE SAME SO WE WILL WORK WITH YOU AND YOUR HOSTING COMPANY TO ADDRESS THE ISSUE. IF WE FIND THAT THE HOSTING COMPANY DOES NOT HAVE THE REQUIREMENTS FOR OUR SOFTWARE THEN WE WILL RECOMMEND ANOTHER HOSTING PROVIDER AT WHICH TIME YOU WOULD NEED TO SWITCH YOUR HOSTING PROVIDER. IN CASE OF YOUR DECISION TO NOT CHANGE THE HOSTING ACCORDING TO OUR RECOMMENDATION, YOU CANNOT CLAIM FOR ANY REIMBURSEMENTS OR REFUNDS. Simplyou.io IS NOT LIABLE FOR THE HOSTING COMPANY AND CONFIGURATION OF THEIR SERVER. FOR THE MOBILE APPS SOURCE CODES AND PERSONALIZATION SERVICES THAT YOU PURCHASE FROM US, WE CAN NOT BE HELD RESPONSIBLE FOR ISSUES RELATED TO SUBMISSION ON THE APP STORE. WE WILL ONLY PROVIDE SUPPORT TO SUBMIT YOUR APP TO THE RESPECTIVE STORES BUT WE DO NOT GUARANTEE THE PUBLISHING OF THE APP AND ANY OTHER SERVICES IN AUTHORITY OF OTHER THIRD PARTY CORPORATIONS.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL Simplyou.io (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Simplyou.io HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Simplyou.io’s (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR $1.
Due to the open-source nature of the software there are no refunds. Along with that, if you are using our cloud service, the resources will be allotted to you to provide the services so we will not be able to provide you refund in this case as well. Therefore, it is important that you go through the features and the functions during the trial to make sure that this software is what you are looking for. The trial is exactly the same software you are purchasing. There are no differences.
This EULA is governed by the laws of the United States of America excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and Simplyou.io .
Support is offered to existing customers for as long as you use the software and own your domain. All bugs should be submitted to our support department for immediate resolution. If you find something is not working, please submit it to our support department.
If you have any questions about this EULA, or if you want to contact Simplyou.io for any reason, please direct all correspondence to:
firstname.lastname@example.org and email@example.com
PERSONAL INFORMATION WE COLLECT
I. DEVICE INFORMATION
We collect Device Information using the following technologies:
For some specific products, we collect the product data of your E-commerce site to provide you with the product feed of your business in the specified format as required by the merchant of your choice.
II. ORDER INFORMATION
III. BUSINESS INFORMATION
Your business information that we collect is related to the E-commerce site and products that you offer to the general public. Apart from that, we also consider the business emails that you associate with these emails as business email.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
We use the Device Information that we collect to help us screen for potential risk and fraud (IP address, mistaken login access details), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). The information is collected by using third party softwares and web beacons that comply with the GDPR’s privacy by design.
In course of providing you the required support in certain cases, we may ask you for the server information that your site is hosted on.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. Please understand that your personal data may be shared to different countries and continents across the globe as per requirement basis.
We use Google Analytics to help us understand how our customers use the Site-you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We use Bing Webmasters tool to help us understand how our customers use the Site. If you are an EU citizen and wish to use your “right to be forgotten” on Bing, you can use the form here: https://www.bing.com/webmaster/tools/eu-privacy-request or manage your Bing ads preferences to opt-out from our Bing ads: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
We use Hotjar and similar visitor tracking software to collect your activity on our site. These which assists us by providing data for better end users experience as well as assist us in diagnosing technical problems and helps to analyze user trends. If you do not want us to collect such information about you, please visit the Hotjar or similar tracking softwares and opt-out of those pages: For Hotjar: https://www.hotjar.com/legal/compliance/opt-outor enable Do Not Track (DNT) on your browser.
We may use third-party applications to occasionally communicate with you through emails. For this, we will need to share your data with the email service providers such as MailChimp, ActiveCampaign. However, we respect your rights by providing a link to unsubscribe through these informational or marketing emails.
When you are using our cloud service, we share your Business Information as the main service that we provide to you. The sharing is only done after you initiate to share your product information with your selected merchants. For some of the merchants that have auto-sync from the feed URL, you can control sharing activity through our cloud platform. Along with that, you can download your business data from our cloud service as per the data portability for GDPR compliance. And you can also request us to delete your business data to execute your right to be forgotten.
When you are using our Software Product except for the cloud service (plugins, extensions, components, and modules) to create product feed of your site, your Business Data is not shared with us and it is on your own server. So, sharing the Business Data that you create using our products will be under your responsibility.
Finally, we may share your Personal Information to comply with applicable laws and regulations, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
IF YOU ARE LOCATED IN EUROPE
If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. You could also login to Simplyou.io and add, edit, update or delete your information under the right to be forgotten.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you, or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States unless you explicitly restrict us to do so by contacting us through the contact information below.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. Similarly, if you use our cloud service to connect your E-commerce store, we will also retain your Business Information till the time we find it appropriate to delete or you explicitly request us to delete the data. As per the data collected through third party sites, we will adhere to the GDPR compliance as per the terms and policies followed by those third parties.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES (DEFINED BELOW). A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW
ENTRY VIA PROMO.SIMPLYOU.IO ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. A “PROTECTED” INSTAGRAM ACCOUNT MAY NOT BE ABLE TO SEND ENTRIES. THE SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER, INC. OR FACEBOOK, INC.. OR ANY OTHER SOCIAL MEDIA PLATFORM
BY ENTERING THE SWEEPSTAKES YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
SIMPLYOU Giveaway (“Sweepstakes”) is sponsored by 8 The Green, suite E, Dover, Delaware 19901
The Sweepstakes is open only to legal residents of any of the fifty (50) United States, the District of Columbia, or the United Kingdom who are at least eighteen (18) years of age and the age of majority in their state or country of residence on the date of entry and who have a SimplYou account. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Sponsor, or their corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion, and public relations agencies (collectively, the “Sweepstakes Entities”) are not eligible. For the purposes of the Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including “step” as they may apply).
3. Sweepstakes Period:
The “Sweepstakes Period” begins at 2 PM Eastern Standard Time (“EST”) on January 11th 2023 and ends at 10PM EST on April 28th 2023 . Prize Winners will be selected during the Sweepstakes Period.
4. How to Enter:
To participate and enter this Sweepstakes, you will need to fill out the form on promo.simplyou.io. When the app is released, you will be asked to complete your profile to be eligible for the sweepstake. Accounts and profiles will be verified and by SimplYou Admins. SimplYou Admins have all rights to disqualify users and entries.
By submitting your information and creating a SimplYou account, you will be required to agree to the SimplYou terms of service and privacy notice. If you do not agree to the SimplYou terms of service and privacy notice, you cannot create a SimplYou account.
To enter the Sweepstakes, eligible individuals (“Entrants”) must (1) complete the form on promo.simplyou.io (2) complete their profiles when the app is launched
NOTE ABOUT TWITTER AND INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM:
Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter or Instagram or any other social media service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter or Instagram for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter or Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. It is a potential winner’s responsibility to set his/her Social Media Account as applicable, to accept contacts by Sponsor and to timely check such account for any Sponsor direct messages.
5. Winners Selection: Prize Winners will be chosen at random. Your odds of winning depend on the number of eligible Entries received.
6. Winner Notification: The Prize Winners will be notified via Email & SMS (a “Winner Notification”). Prize Winners will receive a unique redemption code. The winner must reply with “Accept” in order to redeem the code and claim the cash prize that will then be sent via PayPal or Venmo.
If any Winner Notification or other Sweepstakes communication is rejected or returned as undeliverable, if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), if a Winner cannot attend or participate in any portion of the applicable Prize, or if the potential Winner fails to respond to a Winner Notification and/or to complete the Entry within the time periods set forth herein, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected (time permitting) based on the original method of winner selection in Sponsor’s sole discretion. Sponsor may only look to five (5) alternate winners for the applicable Prize, at which point the applicable Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to such Prize. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner. If legitimately claimed in compliance with these Official Rules, the Prize will be awarded. To claim a Prize, a Winner must follow the directions in his or her Winner Notification.
One (1) person will win a prize of $1,000 USD in cash (each a “Prize Winner”).
The Prize Winners will be shipped their prize to the address they provide in their Entry, via shipping and delivery method in Sponsor’s sole discretion.
All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost or stolen Prize or any Prize that is undeliverable or does not reach the Prize Winner because of incorrect or changed contact information. If the Prize Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. Sponsor is not responsible for any inability of the Prize Winner to accept or use any Prize (or portion thereof) for any reason. No transfers or prize substitutions will be made, except at Sponsor’s sole discretion. No more than the stated prizes will be awarded. Participants waive the right to assert as a cost of winning any Prize, any and all costs of verification and redemption or travel to claim or use a Prize and any liability and publicity which might arise from claiming, seeking to claim, or using a Prize.
8. Licenses and Approvals: Entrants may not submit an Entry on behalf of someone else. By submitting an Entry, Entrant represents and warrants that Entrant meets all eligibility criteria for participation in the Sweepstakes. In addition, by submitting an Entry in this Sweepstakes, Entrant grants the Sweepstakes Entities an irrevocable, perpetual, non-exclusive worldwide license to publish, post, display, copy, distribute, transmit, edit, use alone, together or with other works, and otherwise exploit the Entry, Entrants name, voice, persona, likeness, image, prize information, any quotes attributable to Entrant, biographical data and any other indicia of persona in any manner whatsoever throughout the world, including on the Internet, and at any time or times, in connection with the Sweepstakes, in any and all forms of media, now known or hereafter discovered, without additional compensation, review or approval rights, notification or permission, except where prohibited by law, and Entrant releases all Releasees from any and all liability related thereto. ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS CHOSEN AS A WINNER, ENTRANTS IDENTIFYING INFORMATION, INCLUDING BUT NOT LIMITED TO ENTRANTS NAME, MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS’ LIST.
9. Limitation of Liability:
The Releasees (as defined below) are not responsible or liable for any of the following: (a) stolen, lost, late, misdirected, garbled, mutilated, damaged, incomplete, inaccurate, or illegible Entries, e-mail, mail, Sweepstakes-related correspondence or postage-due mail or any technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of notification or correspondence, the processing of Entries, the announcement of any prize or in any Sweepstakes related materials; (b) technical failures of any kind; (c) unauthorized human and/or mechanical intervention; (d) human error; (e) any error, omission, interruption, defect or delay in transmission or communication; (f) viruses or mechanical malfunctions; (g) errors, typos, or misprints in these Official Rules, in any Sweepstakes related advertisements or other materials; or (h) lost or unavailable network connections. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of filtering or insufficient space in Entrant’s e-mail account. Sponsor is not responsible, and may disqualify Entrant, if his or her e-mail address, telephone, or other contact information does not work or if it is changed without Entrant giving prior written notice to Sponsor. If for any reason an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, Entrant’s sole remedy is another Entry in the Sweepstakes.
AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SWEEPSTAKES ENTITIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIVISIONS AND ADVERTISING, AND PUBLIC RELATIONS AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES OR PRIZE RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES THAT THE PRIZE IS 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. FURTHER, THE RELEASEES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
10. Additional Disclaimers:
Without limiting any other provision in these Official Rules, Releasees are not responsible or liable to any entrant or Prize Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Releasees’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war, fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike labor or material shortage, transportation interruption of any kind, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
11. Disputes and Governing Law:
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION THAT CANNOT BE RESOLVED BETWEEN ENTRANT AND ANY RELEASEE 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) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
Any dispute arising under or related hereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles and will be brought exclusively in the state and federal courts located in San Francisco, California, and each entrant accepts and submits to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising from or relating to this Sweepstakes or these Official Rules.
12. General Rules: Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor’s decisions will be final in all matters relating to the Sweepstakes, Sponsor reserves the right to restrict or void online Entries or participation from any IP address if any suspicious Entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void Entries of any Entrants who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that Entrant is disqualified, ineligible, or in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right in its sole discretion to select an alternate winner. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute concerning who submitted an Entry, the participant will be declared to be the registered account holder of the Social Media Account as applicable, of record for the account submitting an Entry during the Sweepstakes Period, but only if that person meets all other eligibility criteria, otherwise the Entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. Each potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion Any damage made to the Website will be the responsibility of the registered account holder of the e-mail address for the Social Media Account, as applicable, submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.
13. Official Rules and Winner List: For a copy of these Official Rules or a list of winners, send email to firstname.lastname@example.org Rules requests must be received no later than one month after the end of the Sweepstakes Period and winner’s list request must be received within three (3) months of the end of the Sweepstakes Period. Vermont residents may omit return postage for rules request.