As you prepare to record your Thank You video, keep the following guidelines in mind:
• All persons featured must be at least 18 years old (19 years old for AL and NE residents; 21 years old for MS residents).
• Videos may not contain any third-party trademarks, logos, or copyrighted materials, or any non-public personal information.
• No music should be playing while you’re recording.
• Videos must not be inappropriate, profane, obscene, hateful, discriminatory, defamatory, harassing, violent, sexually explicit, pornographic, or contain any objectionable material.
Your recorded video will entitle you to one entry in the Sweepstakes, provided you comply with these guidelines and fill out the registration form with the required information. Limit one entry per person. See Official Rules below. No purchase necessary to enter or win. E-cards are not eligible for the Sweepstakes.
During the Promotion Period, Chevron will donate $10 to DonorsChoose.org for every Thank You video that is uploaded into the Gallery and for every e-card that is successfully delivered, up to $150,000. Donations will help fund STEM education projects for schools in need. DonorsChoose.org is a 501(c)(3) not-for-profit corporation.
Content Guidelines (https://vivoom.co/content)
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.3 - THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. USE OF THE VIVOOM SERVICE
2.1 - The Vivoom Service contains material, including but not limited to software, text, graphics, images, sounds, music, videos, audiovisual combinations and other materials (collectively referred to as the "Content"). The Vivoom Services allows users that are registered (such users, “Registered Users”) to view and share Content with other Registered Users and to their social media contacts across multiple social media platforms.
2.2 - The Company hereby grants you a limited, non-exclusive, non-transferable license to use the mobile web experience solely for your own personal use, or to access the Site and use the Site solely for your own personal use.
2.4 - We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other web site or in a networked computer environment for commercial purposes without the express consent from Vivoom is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Vivoom Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of the Company (the "Company Trademarks") used and displayed on the Vivoom Service are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names displayed on the Vivoom Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks", and, collectively with the Company Trademarks, the "Trademarks"). Nothing contained in the Vivoom Service and/or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Vivoom Service without the prior written consent of the Company speciﬁc for each such use. The Trademarks may not be used to disparage the Company or the applicable third party, the Company's or third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without the Company's prior written consent. All goodwill generated from the use of any Company Trademark shall inure solely to the Company's beneﬁt. Certain elements of the Vivoom Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted in Section 2.1 of this Agreement. None of the Content may be retransmitted without the express written consent from the Company for each and every instance.
2.5 - You agree not to: (a) take any action that imposes an unreasonable load on the Vivoom Service, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Vivoom Service or any activity being conducted on or through the Vivoom Service, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, making up or underlying the Vivoom Service, (4) delete or alter any material posted on the Vivoom Service by the Company or any other person or entity, or (5) frame or link to any of the materials or information available on the Vivoom Service for commercial purposes without the express consent from Vivoom.
2.6 - The Vivoom Service may contain links to third party web sites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located thereon. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading ﬁles from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.7 - The Vivoom Service provides certain services that are available via a mobile device, including (i) the ability to upload User Content (as deﬁned below) to the Vivoom Service via a mobile device, (ii) the ability to browse the Vivoom Service and the Site from a mobile device and (iii) the ability to access certain features through the mobile web experience. To the extent you access the Vivoom Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition using certain features of the mobile web experience may be prohibited or restricted by your carrier, and not all mobile web experiences may work with all carriers or devices. By using the mobile web experience, you agree that we may communicate with you regarding Company and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile web experience may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number.
2.8 - The Vivoom Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Vivoom may place such advertising on the Vivoom Services or in connection with the display of
Content or information from the Vivoom Services whether submitted by you or others. The types, mode and extent of such advertising and promotions are subject to change.
2.9 - You acknowledge that Company may establish general practices and limits concerning use of the Vivoom Service, including without limitation, the maximum period of time that data or other content will be retained by the Vivoom Service and the maximum storage space that will be allotted on Company's servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.10 - The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Vivoom Services;
Your address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details). Notices and counter-notices with respect to the Site should be sent to the Company by mail: George Finnegan c/o Vivoom, Inc. 855 Boylston St., Boston, MA 02116
3. YOUR CONDUCT
You are solely responsible for all Content that you upload, post, publish or display (hereinafter, "Upload") or email or otherwise use via the Vivoom Service (such content, the "User Content"). Company cannot and does not review all User Content--Company merely acts as a passive conduit for distribution of the User Content to other users of the Vivoom Service. That said, Company may remove User Content that does not adhere to Company’s Community Guidelines, or that is offensive or otherwise unacceptable to Company in its sole discretion. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, removing the offending User Content from the Vivoom Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Vivoom Service to: Email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or ﬁduciary relationships; (iii) contains software viruses or any other computer code, ﬁles or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (vii) fails to comply with the FTC’s guidelines on testimonials and endorsements, including failure to properly disclose any material relationship between User and our third-party sponsor, such as through the hashtag “#ad” or otherwise; or (viii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Vivoom Service, or which may expose Company or its users to any harm or liability of any type; Interfere with or disrupt the Vivoom Service or servers or networks connected to the Vivoom Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Vivoom Service; or Violate any applicable local, state, national or international law, or any regulations having the force of law, including applicable FTC Testimonial & Endorsement Guidelines;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affliation with a person or entity;
Solicit personal information from anyone under the age of 18; Harvest or collect email addresses or other contact information of other users from the Vivoom Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Vivoom Service.
4. YOUR SUBMISSIONS
4.1 - As between you and Company, you shall retain ownership of your User Content that you submit to the Vivoom Service. When you use the Vivoom Service your User Content is submitted and saved within the Vivoom Service. You warrant and represent that you either own all right, title and interest, or have a suffcient license to use, all User Content provided or shared through your account. You hereby grant Company and its affliates, licensees, assignees and designees, a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, assignable, transferable license and right to copy, transmit, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, display, and otherwise use and fully exploit (through all media now known or hereafter created), and make derivative works from your User Content or any part thereof, along with your name or any party thereof, and other biographical information or information from your user proﬁle, all in Company’s sole discretion, for any and all purpose, including, but not limited to: (i) displaying the User Content within the Vivoom Service; (ii) displaying the User Content on third party websites and applications; (iii) allowing other users to play, download, embed or hypertext link to the User Content on third party websites, subject to your User Content privacy settings on those third party websites or applications; (iv) promoting the Vivoom Service; (v) sublicensing of any or all of the foregoing rights to others for entertainment purposes or to our advertising partners for use in their promotional campaigns, advertising, marketing and all other lawful purposes; (vi) deleting or removing the User Content for any reason including but not limited to content moderation; and (vii) archiving or preserving the User Content for disputes, legal proceedings, or investigations. You further grant all users of the Vivoom Service permission to view your User Content for any and all purposes. You consent to the use of your image, voice, name, likeness, biographical materials, and personality which are necessary in connection with Company’s or others’ exercise of the license granted in this Section 4.1. You are solely responsible for the acquisition of any and all third-party clearances, permissions and licenses which are necessary in connection with Company’s or others’ exercise of the license granted in this Section 4.1, including, without limitation, with respect to the use of any copyrighted or trademarked materials and the use of any images, voices, names, likenesses, biographical materials, personalities or music and for the payment of any and all applicable fees for securing such clearances, permissions and licenses. You may not use the User Content for commercial purposes, which means that you may not use, reproduce, display, perform, distribute, or otherwise exploit the User Content directly or indirectly to derive a commercial beneﬁt or pecuniary gain. You may not sell, lease, transfer, license, or distribute materials, products or services that use, reproduce, display, perform, rent, lease, sell, distribute, or otherwise exploit the User Content and incorporate the User Content, or provide the User Content to third parties that perform any of the foregoing.
4.2 - You also represent and warrant to Company that nothing in your User Content is false, inaccurate or misleading; that your User Content does not include confidential information of others, and does not infringe any other person's or entity's rights; that neither you nor anyone else appearing in the User Content is a member of any union which has jurisdiction over your or their performance in the User Content; and that you and any other person (or your or that person's parent or guardian if under the age of 18 or unable to provide consent for any reason) or any entity mentioned or shown in your User Content hereby release and hold harmless Company and its licensees, assignees and designees from and against any and all claims concerning Company's or its licensees', assignees' and/or designees' use, modiﬁcation, display or distribution of your User Content or any part thereof. You hereby waive any right to inspect any use, modiﬁcation, display or distribution of your User Content by Company or others in connection with the exercise of the license granted in Section 4.1, and waive, release, and hold Company, and its licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims, whether secured by statute or common law, for any use, modiﬁcation, display or distribution of your User Content by Company or others in connection with the exercise of such license, and have caused all applicable third parties with rights in or to your User Content to do the same. Nothing contained herein or in any other document to which you are bound shall be construed as obligating Company, its affliates, licensees, assignees or designees, or anyone acting under the authority of any of the foregoing to actually use, display or distribute your User Content or any part thereof, and you grant the foregoing the right to decide whether to use, display or distribute the User Content or any part thereof, and to edit and modify it, all of which is within Company's sole discretion.
4.3 - You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Vivoom Service ("Feedback"), provided by you to Company are non-confidential and non-proprietary, and Company, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting, without acknowledgment or compensation to you. Further, Company and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Feedback, you are granting Company a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Feedback and to use your name and other identifying information in connection with such Feedback.
5. SOCIAL NETWORKING SERVICES
6. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
6.1 - THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE VIVOOM SERVICE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE CONTENT OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE VIVOOM SERVICE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE VIVOOM SERVICE WILL OPERATE ERROR FREE OR THAT THE VIVOOM SERVICES, ITS SERVER, AND/OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE VIVOOM SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE VIVOOM SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
6.2 - IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE VIVOOM SERVICE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 - Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the limitations or exclusions set forth above may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content, User Content and/or the Vivoom Service. The Company shall provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemniﬁcation under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company's defense of such matter.
8.1 - The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Vivoom Service and/or the Content at any time and for any reason, including, without limitation, in the event of any violation of this Agreement, without prior notice or liability. Company further reserves the right to change, suspend, or discontinue all or any part of the Vivoom Service and/or the Content at any time without prior notice or liability. You may terminate your account at any time.
8.2 - Sections 2 (Use of the Vivoom Service), 4 (Your Submissions), 6 (Limitation of Liability and Disclaimer of Warranties), 7 (Indemniﬁcation), and 8 (Termination) shall survive the termination of this Agreement
9. COMPLIANCE WITH APPLICABLE LAWS
9.1 - This Site is based in Boston, MA, USA. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Vivoom Service and/or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9.2 - The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
10. U.S. GOVERNMENT RESTRICTED RIGHTS
The Content is provided with "RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or
Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
This Agreement is governed by the internal substantive laws of the State of Massachusetts, without respect to its conﬂict of laws provisions. In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to ﬁnally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be ﬁnal and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be
resolved before a neutral arbitrator, whose decision will be ﬁnal except for a limited right of appeal under the FAA. Any court in the City of Boston, Massachusetts may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org (http://www.adr.org/). The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the City of Boston, Massachusetts. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to conﬁrm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, Company may litigate in court to seek injunctive relief.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or
authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. You agree that you are solely responsible for your interactions with any other user in connection with the Vivoom Service and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Vivoom Service. Except as expressly agreed by the Company and you, this Agreement constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the beneﬁt of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. The Company is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. You consent and agree that your clicking of the “I Accept” button constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by you in writing. Further, you agree that no certiﬁcation authority or other third-party veriﬁcation is necessary to the enforceability of your signature. At our request, any electronically signed document must be re-executed in original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of this Agreement or any amendment or other document executed in compliance with this Agreement.
12. HOW TO CONTACT VIVOOM
If you have any questions or comments about this Agreement or the Vivoom Service, please contact Company by email at email@example.com.
You also may write to Company at:
You can access and view the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain parts and features of the Vivoom Service, including, without limitation, the mobile web experience.
We collect Personal Data about you when you provide such information directly with the Vivoom Service, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Personal Data That You Provide Through the Service:
We collect Personal Data directly from you when you voluntarily provide such information, including, but not limited to:
Information That We Automatically Collect When You Use Our Service:
Some Personal Data is automatically collected when you use our Service, such as the following:
Information We Receive from Third-Party Sources:
Some third-parties such as brands we work with, service providers, and our business partners, may provide us with Personal Data about you, such as the following, to provide you with an improved Vivoom Service.
Information for third party services: If you interact with a third-party service when using our Services, such as if you use a third-party service to log-in to our Services (e.g., Facebook Connect, Twitter OAuth, Viber, or any other registration system for a website or mobile app), or if you share content from our Services through a third-party social media service, the third-party service may send us information about you, such as information from your public profile, if the third-party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
Other Information: When you interact with Company through the Vivoom Service, we receive and store Personal Data, which is collected passively by Company using various technologies. Company may store such information itself or such information may be included in logs or databases owned and maintained by Company affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Vivoom Service, the number of visitors to each page or feature of the Vivoom Service, and the domain names of our visitors' Internet service providers.
In operating the Vivoom Service, we may use technologies called "Cookies", “local storage”, and/or advertising identifiers. Cookies and local storage are ways to store information on your computer or mobile device to help maintain state when interacting with the Vivoom Service. Similarly, an advertising identifier may be recorded from a mobile device. These technologies help provide additional functionality to the Vivoom Service and help us analyze the usage of the Vivoom Service more accurately. For instance, the Vivoom Service may set a cookie on your browser that allows you to access the Vivoom Service without needing to remember and then enter a password more than once during a visit to the Vivoom Service. These technologies may also make it possible for you to receive coupons, or access to special offers. We sometimes combine information collected through Cookies that is not Personal Data with Personal Data that we have about you, for example, to tell us who you are or whether you have an account with us. We may also supplement the information we collect from you with information received from third parties.
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site or Service. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Service. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites.
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Site or Service, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.
We use the following types of Cookies:
On most web browsers, you will find a "help" section on the toolbar. On iOS, Android, and other mobile devices you will be able to control advertiser identifier use in your Privacy Settings. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn Cookies off. We recommend that you leave cookies and advertising identifiers turned on because they allow you to take advantage of some of the features of the Vivoom Service. If you reject Cookies or advertising identifiers, you may still use the Vivoom Service, but your ability to use some areas and/or features of the Vivoom Service will be limited.
We may serve advertisements, and also allow third party ad networks, including third party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Internet-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of Third Parties (but will not include your name, address, email address or telephone number). Such information may be gathered through tracking users’ activities across time and unaffiliated properties. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about Interest-Based Ads from participating third parties, including to opt out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/.
We do not share your Personal Data with advertisers without your consent. However, if you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a Cookie in your browser and note that it meets the criteria they selected.
Aggregated Anonymous Personal Data
In an ongoing effort to better understand and serve the users of the Vivoom Service, we often conduct research on our customer demographics, interests and behavior based on the Personal Data provided to us. This research may be compiled and analyzed on an aggregate basis, and Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
We retain your Personal Information for as long as you have an open account with us or as otherwise necessary to provide you the Vivoom Service.
In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
If you wish to have the Personal Information you supplied to the Vivoom Service permanently deleted and disposed from the Vivoom Service you may request such deletion and disposal by contacting us at firstname.lastname@example.org or Vivoom, Inc., 745 Boylston St. Suite 700, Boston, MA 02116 USA. Please provide the login you use with the Vivoom Service in your request. If you do not have a login, please provide a URL to one of your videos. Please note that for security reasons, prior to the deletion request being fulfilled, Vivoom will need to verify that the request does originate from you.
Specifically, we may Process your Personal Data and other information about you to operate, improve, understand and personal our Service. For example, we use Personal Data for the following:
Company is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data and other information with certain third parties without further notice to you, as set forth below:
Your consent. We may share or disclose your information at your direction, such as when you choose to submit User Content to the Vivoom Service.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
Like many businesses, we hire other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, fraud prevention systems, automatic moderation systems, analytics systems, and cloud computing systems. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function, which may include Personal Data. This information is contractually between that service provider and the company and not shared or combined.
Where we are working in partnership with a third-party partner, we may provide such third-party partners with your (i) Personal Information in an aggregate and anonymized manner and (ii) Usage Information from your activities on the Site and the mobile web experience. Such third-party partners may use this information for their promotional campaign or other purposes.
In order to provide the Vivoom Service (including contests for sponsoring third-party partners), we may share your Personal Information with the sponsor who is running the contest in which you participate. We may share Personal Information to a Third-Party/Brand which you clearly and expressly provided through the Vivoom Service for that Third-Party/Brand (e.g., joining a fan club, receiving points in a membership program, requesting detailed information in the product, etc.) or in any other similar case where you have given us consent to do so. This Personal Information is most often simple contact information.
Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Vivoom Service or the public, or (iv) protect against legal liability.
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Company takes reasonable steps to protect the Personal Data collected through the Vivoom Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, an e-mail sent to or from the Vivoom Service may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Company via the Vivoom Service.
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Vivoom Service.
Applicable California privacy legislation permits visitors who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request to access such information, please contact us as follows: Vivoom, Inc., 745 Boylston St., Suite 700, Boston, MA 02116 USA or email@example.com.
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Data disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
Examples of these legitimate interests include:
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, such as a necessary means to verify your identity and the nature of your request. Examples of these additional rights are the following:
The Vivoom Services are hosted and operated partially in the European Union and primarily within the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and can be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Company is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Company’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit www.privacyshield.gov.
Please contact us at Vivoom, Inc., 745 Boylston St., Suite 700, Boston, MA 02116 USA or email@example.com with any questions or concerns relating to the Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through the Council of Better Business Bureaus (BBB), an alternative dispute resolution provider located in the United States. You can visit https://www.bbb.org/EU-privacy-shield/file-a-complaint/ for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
Additional Questions or Requests Regarding Your Personal Data:
If you have any questions about this section or our data practices generally, please contact us using the following information:
Company Name: Vivoom, Inc.
Physical address: 855 Boylston Street, Boston MA 02116 MA
Email address for contact: firstname.lastname@example.org
Designated EU Representative
Company Name: DP-Dock GmbH
Physical addresas: DP-Dock GmbH, Ballindamm 39, 20095 Hamburg Germany
Tel: +49 (0) 40 99999 - 3430
Fax: +49 (0) 40 99999 - 3332
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Chevron Thank Your Role Model Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (except New Jersey and Virginia) and the District of Columbia who are at least eighteen (18) years old (or, for residents of Alabama and Nebraska, nineteen (19) years old or, for residents of Mississippi, twenty-one (21) years old) at the time of entry. Employees and contractors of Chevron U.S.A. Inc. (“Sponsor”), Dentsu McGarry Bowen LLC, Vivoom, Inc. (“Vivoom”), HelloWorld, Inc. (“Administrator”), Wavemaker Global LLC, ICUC/Prospect Moderation Services, Inc., and their respective subsidiaries, affiliates, parent companies as well as members of the immediate families (including spouses, parents, siblings, children, and their respective spouses) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Chevron U.S.A. Inc., a Pennsylvania corporation, 6001 Bollinger Canyon Road, San Ramon, CA 94583. Administrator: HelloWorld, Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.
3. Promotion Period: The Sweepstakes begins on October 1, 2018 at 12:00 a.m. Pacific Time ("PT") and ends on December 31, 2018 at 11:59 p.m. PT (the "Promotion Period"). Third party Vivoom’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the Promotion Period, there are two (2) ways to enter:
a.Recording and Submitting a Thank You Video: Using your mobile device, visit www.thankyourrolemodel.com and follow the links and instructions to record and submit a 15-second or less video thanking one of your role models pursuant to the Guidelines, Permissions and Restrictions set forth below (“Video”). After recording the Video, complete and submit the registration form, including your first and last name and valid email address. By successfully submitting the Video in compliance with the Guidelines, Permissions and Restrictions set forth below, transmitting a completed online registration form and agreeing to these Official Rules (hereafter referred to as your “Submission”), you will automatically receive one (1) entry into the Sweepstakes. Entrants must fully complete and submit all non-optional data requested on the online registration form to be eligible. Incomplete and/or inaccurate entries are void. Thank You e-cards do not suffice and will not result in an entry into the Sweepstakes. See Sweepstakes entry limit below.
By choosing to enter by recording and submitting a Video via your mobile device, you will be responsible for standard data rates and message fees in accordance with your mobile service plan. Please consult with your wireless-service provider regarding its pricing plans.
By recording and submitting a Video and entering the Sweepstakes, you agree that the Video conforms to the following Guidelines, Permissions and Restrictions and that Sponsor, in its sole discretion, may remove your Video from a gallery, if any, and disqualify it from the Sweepstakes if Sponsor believes that it fails to conform:
Guidelines and Permissions:
•The Video may not exceed fifteen (15) seconds in duration.
•You must have permission from any recognizable individuals who appear in the Video to use their names and likenesses in the Video and to grant the rights set forth herein. If requested, you must be able to provide such permissions or proof in a form acceptable to Sponsor. Minors must not appear in the Video.
•The Video shall not prominently feature brand names or trademarks other than those owned by Sponsor, which you have a limited license to use to incorporate in your Video in this Sweepstakes.
•Your Video need not include any reference, positive or negative, to Sponsor or its products or services, in order to be eligible.
•The Video is entrant’s original work and must not contain music, images or artwork not created or owned by entrant (e.g., recorded music; pre-produced video, etc.);
•The Video must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement;
•The Video must not disparage any third party;
•The Video must not contain material that is inappropriate, indecent, vulgar, obscene hateful, tortious, defamatory, slanderous, libelous, sexually-explicit, or violent;
•The Video must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age or any other basis protected by federal, state, territory, provincial or local law, ordinance, or regulation; and
•The Video must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Video is created.
b.Mail-in Alternate Method of Entry: To enter without providing a Submission, hand print your name, address, day and evening phone numbers, email address, and date of birth on a 3" x 5" piece of paper and mail it in an envelope with proper postage to “Chevron Thank Your Role Model Sweepstakes,” c/o HelloWorld, Inc., P.O. Box 5021, Department 838110, Kalamazoo, MI 49003. You will receive one (1) entry into the Sweepstakes. Limit: One (1) entry per envelope. All mail-in entries must be handwritten and must be postmarked by 11:59 p.m. PT on December 31, 2018 and received by January 8, 2019 in order to be eligible. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of sending a mail-in entry will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified. See Sweepstakes entry limit below.
Limit: One (1) sweepstakes entry per person during the Promotion Period, regardless of method or combination of methods of entry. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
5. Sponsor's Use of Videos: Recording and submitting a Video and entering the Sweepstakes constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, and non-exclusive license to use the name, voice, photo, video, and likeness of the entrant in connection with the Video, and to use, reproduce, modify, publish, create derivative works from, and display such Videos in whole or in part, and to incorporate it into other works, on a worldwide basis, in any form, media or technology, now known or later developed, for any purpose, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Video.
6. Drawings: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Promotion Period, on or around January 14, 2019. The potential winners will be notified by email. Upon Sponsor’s or Administrator’s request, each potential winner must sign, notarize, and return an Affidavit of Eligibility and Compliance, Liability Waiver and, where not prohibited, a Publicity Release (collectively, "Affidavit") which must be received by Administrator, within seven (7) days of the date that the Sponsor’s or Administrator’s request or attempted request is sent, in order to claim his/her prize. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit or provide any other requested information within the required time period (if applicable), or the prize is returned as undeliverable, the potential winner is disqualified and forfeits his/her prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate potential winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings per prize will be held, after which a prize of equal or greater value will be provided to a charity of Sponsor’s election. Prizes will be fulfilled within approximately 8-10 weeks after the conclusion of winner confirmation.
7. Prizes: FIVE (5) GRAND PRIZES: One (1) check for $10,000. Approximate Retail Value (“ARV”): $10,000.
Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize person. Total ARV of all prizes: $50,000.
8. Release: By receipt of any prize, entrants agree to release and hold harmless Sponsor, Administrator, Vivoom, Dentsu McGarry Bowen, LLC, Wavemaker Global LLC, ICUC/Prospect Moderation Services, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, damage to or loss of property, or claims based on right of publicity, right of privacy, defamation, or infringement of intellectual property rights, arising out of or in connection with participation in the Sweepstakes or receipt, acceptance, use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each entrant’s consent to Sponsor’s and its agents’ use of entrant’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media now known or later developed, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited by law, each entrant agrees that: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, and shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”), to take place in the State of Michigan pursuant to the applicable arbitration rules of the AAA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. ANY RIGHT TO A TRIAL BY JURY IS HEREBY WAIVED.
14. Winner List: For a winner list, visit http://bit.ly/2POxyzn. The winner list will be posted after winner confirmation is complete.
© 2018 HelloWorld, Inc. All rights reserved.