Official Rules – Effective May 1, 2022.
NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND ORGANIZATION, RELATING TO YOUR PARTICIPATION IN ANY EXPERIENCE, WILL BE RESOLVED. FOR EXAMPLE, SECTION 17 INCLUDES AN ARBITRATION AGREEMENT AND WAIVER OF A CLASS ACTION THAT REQUIRES YOU TO SUBMIT ALL CLAIMS TO ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND LIMITS YOUR ABILITY TO BRING CLAIMS ON BEHALF OF ANYONE OTHER THAN YOURSELF (THAT IS, IT PROHIBITS YOU FROM BRINGING ANY PURPORTED CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE PROCEEDING).
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. ALL ENTRIES INTO AN EXPERIENCE HAVE AN EQUAL CHANCE OF WINNING. A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE THE CHANCES OF WINNING.
1. THE ORGANIZATION: Veteran Forces, Inc., (referred to herein as “Veteran Forces” or “Organization”) is a United States, non-for-profit corporation located in Dallas, Texas. Veteran Forces is an I.R.S. approved 501(c)(3) non-profit charity.
2. OUR WEBSITES: The Veteran Forces family of websites, including www.VeteranForces.com (the “Websites”) allows eligible individuals (see restrictions below) to enter into giveaways hosted on the Websites. Each of which are referred to as an “Experience”).
3. APPLICABILITY OF THE RULES: These Official Rules provide the general terms and conditions applicable to every Experience on the Websites launched on or after May 1, 2022. Each Experience is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited.
(A) Giveaway Rules: Every Experience may also have its own, additional, Experience-specific terms and conditions (the “Giveaway Rules”). The Giveaway Rules can be found on each Experience’s webpage on the Websites, under the section “Giveaway Rules.” The Giveaway Rules provide extra information and requirements for a specific Experience. If there is a conflict or inconsistency between these Official Rules and the Giveaway Rules, the Giveaway Rules will govern. Any reference to the “Official Rules” with respect to any specific Experiences will mean both these Official Rules and the applicable Giveaway Rules, taken as a whole.
(B) Binding Contract: The Official Rules (including any Giveaway Rules) form a binding contract between Veteran Forces and each Experience participant (a “Participant.”) Entry into any Experience constitutes Participant’s full and unconditional agreement to the Official Rules and Organization’s decisions, which are final and binding in all matters relating to the Websites and all Experiences. If you do not agree to these Official Rules (including the applicable Giveaway Rules) do not enter the Experience(s).
(C) Updates to the Official Rules. These Official Rules may be updated from time to time. Please check these Official Rules (including all relevant Experience Rules) regularly to ensure that you understand the terms that apply at the time that you enter the Experience.
4. ELIGIBILITY: To be eligible to enter an Experience or be awarded the prizes(s) identified on each Experience’s webpage (each a “Prize”), a Participant must be a registered user on the Websites, and fully comply with both the Giveaway Rules and the Official Rules. Unless otherwise provided in the Experience Rules, Experiences are only open to individuals who (i) are at least 18 years of age or older at time of entry; AND (ii) individuals who are eligible to register with the Websites under the conditions set in the Terms of Service of each Website. Any entry submitted by any ineligible person(s) will be void.
5. HOW TO ENTER: Each Experience will have a starting date and time and ending date and time (the “Entry Period”) specified in the Giveaway Rules. Only those entries received by the Organization during the Entry Period will be valid. Organization will be the official timekeeper for all Experiences.
(A) Experiences: All Experiences will provide the following two (2) ways to enter for the giveaway:
(i) Initial Entry: To enter by this method, visit an Experience on the Website. Each registered user that is authorized to enter the giveaway can enter by clicking the “Enter Now” button from the Experience webpage. There is no cost to enter.
(ii) Secondary Entries: Registered users can earn Secondary Entries (or extra entries) by sharing Experiences through social media. To earn Secondary Entries, visit the Websites, click any or all of the available buttons available for each giveaway. Upon completing the sharing process, extra entries will be automatically entered into that Experience giveaway. There is no cost to enter.
6. ENTRY LIMITATIONS AND RESTRICTIONS: Only accurate and complete registrations and entries submitted during the Entry Period and received by the Organization are eligible. Any incomplete, illegible, corrupted, or untimely entries are void and ineligible to win. Any false information provided in participant’s registration will also void participant’s eligibility to win, and/or claim an Experience. Proof of submission will not be deemed to be proof of receipt by Organization. Organization is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Organization is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties.
(A) Entry Limit: For each Experience, the Giveaway Rules may state the cumulative maximum number of entries that any one person may obtain (the “Entry Limit”). The Entry Limit applies to all entries, regardless of the method of entry. If a Participant exceeds the Entry Limit for an Experience, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.
(B) Required Information: Participants must be registered users of the website and provide correct and accurate information required by Websites to be eligible to enter and to win. The Organization reserves the right to verify that any and all information is accurate and true before awarding an Experience. If the Participant’s information is not accurate and true, the Organization has the right to disqualify Participant.
(C) Email Address Requirements: Participants may not use multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over an Experience’s Entry Limit. To receive valid entries, Participant must provide a valid email address for which the Participant is the authorized owner. Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. 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. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Experiences, at Organization’s discretion.
(D) No automated entry devices. All entries must be submitted by the individual Participant to be valid. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from all Experiences, at Organization’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Organization has the sole right and discretion to make a determination that Participant used or attempted to use any such prohibited automated entry methods.
7. ENTRY CONDITIONS AND RELEASE: As a condition of entering any Experience, Participant expressly:
(A) Consents to receive information or promotional materials from Organization, or any of the other Experience Partners and Sponsors, via email and/or mail;
(B) Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of the Organization, which will be binding and final in all matters relating to each Experience;
(C) Releases the Experience Ambassadors, Directors, Partners, Sponsors, and any advertising platform used in connection with the promotion of any Experience, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., Twitter, Inc., Trump Media & Technology Group, Rumble Inc., and any of their respective parents, subsidiaries and affiliates (collectively “Advertising Platforms”), from all liability, loss or damage or expense arising out of or in connection with participation in any Experience or the acceptance, use, or misuse of any Prizes;
(D) Knowingly and expressly waives all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
(E) Agrees that all claims, disputes, or causes of action arising out of or connected with any Experience, or any Prizes awarded, shall be individually resolved in binding arbitration, per Section 17, without resort to any form of class, collective or representative action;
(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
Some jurisdictions do not allow the limitations or exclusion of liability set forth above in Section 7. So, some of the provisions contained in this section may not apply to every Participant.
8. WINNER DRAWINGS: Potential winner(s) of an Experience (the “Potential Winner”) will be randomly drawn from among all eligible entries received. The drawing will occur on or after the end of the Entry Period or as specified in the applicable Experience-specific rules. Organization will conduct the drawing and awarding of the Prize. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.
9. WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Experience. Potential Winners must respond to the Potential Winner notification email within 24 hours (unless stated otherwise in the Giveaway Rules or the time frame indicated in the Potential Winner notification email, if another time frame other than 24 hours is specified) of it being sent. If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s). After sending the Potential Winner notification email, to the extent a phone number has been provided, Organization reserves the right to also contact Potential Winners via phone as well. By entering, Potential Winners expressly authorize Organization to name, tag, or otherwise identify Potential Winner on Organization’s Websites, social media pages, and/or in Organizations other promotional materials.
Some jurisdictions may prohibit Organization from conditioning participation on Potential Winner’s consent to publicity described in this Section. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Organization of objections via email during the Potential Winner confirmation and verification process.
10. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Organization has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Organization. Potential Winners are subject to confirmation and verification by Organization, by whatever means Organization shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Official Rules and fulfill all requirements. Organization’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to an Experience. In addition to all of the other requirements stated in these Official Rules, if the Potential Winner is a Canadian resident, (s)he must correctly answer a mathematical skill-testing question to be eligible to be confirmed the Winner.
(A) Winner Documentation: To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner (and any guests of Potential Winner, to the extent that a Prize includes participation by one or more guests) must accurately complete and timely return Organization’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), any other documentation reasonably required by Organization or the provider of the Prize(s) (where permitted by law), and/or any other document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Organization, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Organization, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s).
11. WINNER DISQUALIFICATION: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Organization, (iii) failure to provide a valid name, address, phone number or email address at the time of entry, (iv) failure to timely respond to the Potential Winner notification email or any other request from Organization, (v) Organization is unable to verify the identity and verification of the Potential Winner to its reasonable satisfaction within 7 working days of the relevant drawing of the Potential Winner for the Experience, (vi) failure to timely complete and/or return the Winner Documentation and/or background check documents, (vii) failure to pass the background check to Organization’s full satisfaction, (viii) the provision of false, incomplete and or misleading information to or about Organization or any of the other Experience Partners, (ix) the commission of any fraud or deception in connection with any Experience, use of the Websites, and/or relationship with Organization, (x) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (xi) inability to timely accept the Prizes for any reason, including, but not limited to, inability to travel to the location where the Prize is being fulfilled and/or injury or death and (xii) the inability of Organization to timely award or otherwise fulfill the Prizes, due to circumstances beyond Organization’s reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather. Potential Winners and Potential Winner guests will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, sexual orientation, or any other protected class or status.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner may be randomly drawn from the eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Organization reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.
12. PRIZES: Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prizes(s) identified on each Experience’s webpage. Organization shall solely determine the specifics of all elements of all Prizes (including timing for fulfillment of Prizes and travel options, if applicable). The approximate retail value of any Prize will be specified in the Giveaway Rules. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Participant. Organization reserves the right to substitute a prize of comparable or greater value or cash in Organization’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Some restrictions may apply.
Unless otherwise noted in Experience Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification). Organization will not replace any lost or stolen Prize(s) or components of a Prize(s).
All Winners are entitled, at their discretion, to refuse to accept some or all of the Prize(s) that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If at any time and for any reason, a Winner is deemed to have forfeited a Prize, in whole or in part, or fails to accept delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternate Prize or any other compensation of any kind, and Veteran Forces shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Giveaway Rules:
(A) Prize Manufacturers: Experiences are not Organized, endorsed, approved, or affiliated with the manufacturer of the Prize(s) being awarded. Experience prize names and logos are the trademarks and property of the manufacturer of the Prize(s). Actual Prize(s) to be awarded may not be identical to those depicted which are intended to be only representative.
(B) Prizes That Include a Travel Component: For all travel Prizes, you have to travel on the dates and itinerary specified by Organization. Unless otherwise stated in the Giveaway Rules, any included airfare is coach class from the major gateway airport nearest Winner’s residence or other alternative gateways approved by Organization in its sole and absolute discretion. Any hotel accommodations are standard class, double occupancy unless otherwise specified. The actual retail value of any trip Prize will depend on the Winner’s place of residence. The difference between the approximate retail value and the actual retail value will not be awarded. Winner and Winner’s guest(s), if applicable, must travel on the same itinerary, unless otherwise approved by Organization in its sole and absolute discretion. Lost or stolen tickets, travel vouchers or certificates, or similar items will not be replaced once they are in your possession. Any and all expenses not specified in Experience Rules, including, but not limited to, itinerary change fees, checked baggage fees, meals and gratuities, transfers, and ground transportation, are the sole responsibility of Winner and Winner’s guest(s). Travel and accommodation are subject to availability; certain additional restrictions and blackout dates may apply. If specific dates are indicated for travel, and Winner cannot travel on those specified dates, Prize will be forfeited and may be awarded to an alternate Winner selected at random from all remaining eligible entries. In such instances, the forfeiting Winner will not be entitled to any alternate prizes or compensation of any kind. Winner and Winner’s guest(s), if applicable, are responsible for all required travel documentation and identification, including, without limitation and as applicable, any passport or visa, as well as meeting any other requirements for entry into the relevant destination, such as any health and safety requirements. Winner’s guest(s), if applicable, must also sign a release before ticketing. Winner’s guest(s) must be over the age of majority in the state, province, or territory in which s/he resides, or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Giveaway Rules. If, in Organization’s judgment, air travel is not required due to Winner’s proximity to Prize location, Organization may provide ground transportation as a substitute for air travel at Organization’s discretion.
(C) Prizes That Include Winning an Automobile or other Vehicle: The Winner of the Prize vehicle is not eligible for any cash rebate programs. Unless otherwise stated in the Giveaway Rules, the Organization will determine the interior/exterior colors of the vehicle at its sole discretion. Winner must have a valid driver’s license and proof of insurance to take delivery of Prize vehicle and must take delivery of the vehicle at a location specified by Organization, in its sole discretion. For any Prize vehicle, neither Organization, other Experience Partners or Sponsors, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. If the Prize is a lease of an automobile or other vehicle, Winner will be responsible for complying with the standard provisions of the applicable lease and shall be responsible for excess wear/use and mileage over the miles specified in such lease at a cost per additional mile/km stated in such lease. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such a case, the Winner may be required to take cash or other alternatives instead. Winner must take delivery of the vehicle at a location and time of Veteran Forces’ sole choosing. Veteran Forces reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.
(D) Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of Organization. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. Organization may substitute an alternate Prize of equal or greater value (including in the form of cash) at its sole discretion. Winner’s guest(s) must be 18 or older, or the Winner must be their parent or legal guardian, unless as otherwise specified in the applicable Giveaway Rules.
(E) Prizes That Include Meeting or Greeting any Person: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
(F) Prizes That Involve Participating in a Physical Event: Organization may require Winner and Winner’s guest(s), if applicable, to be examined by a doctor or other appropriate medical professional before participating in the event. Organization and/or Experience Partners reserve the right to decline participation in the event to any Winner or Winner’s guest(s), if applicable if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe manner, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Organization in its reasonable discretion. In such circumstances, the Potential Winner may be required to take cash or other prize alternatives, if available as part of the Experience. If such an alternative prize is not available, Potential Winner may be disqualified.
(G) Prizes That Involve Appearing in a Film, TV, or Other Production: This portion of any Prize is subject to the production occurring as scheduled and to the Potential Winner entering into third-party agreements (such as with an acting union, production company, or publishing platform, including agreements regarding appearance releases, confidentiality and background checks). Participation in such an acting opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.
13. PUBLICITY: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Organization, and those acting under Organization’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Experience, Prize, and/or any of the Experience Partners or Sponsors, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Organization (or the applicable Experience Partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested.
Some jurisdictions may prohibit Organization from conditioning the awarding of a Prize on Winner’s consent to publicity as described in this Section 13. Winners who are residents of such jurisdictions and who object to such publicity, must notice Organization of such objections via email during the Winner confirmation process.
14. GENERAL CONDITIONS: Organization reserves the right to cancel, suspend, and/or modify an Experience, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Organization’s reasonable control that impairs the integrity or proper functioning of an Experience, as determined by Organization. Organization reserves the right, in its sole discretion and at any time, to conduct maintenance for the Websites or its systems that may suspend or otherwise impact access to an Experience. Organization reserves the right, in its sole discretion, to disqualify any individual tampering, or to attempting to tamper, with the administration and/or operation of any Experience, including without limitations the entry process or the Potential Winner draw process.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITES ASSOCIATED WITH AN EXPERIENCE OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF AN EXPERIENCE WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, ORGANIZATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ORGANIZATION’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. ORGANIZATION RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITES, AND/OR THE LEGITIMATE OPERATION OF AN EXPERIENCE; TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON. IF, FOR ANY REASON, THE EXPERIENCE CANNOT BE RUN AS PLANNED OR IF ORGANIZATION DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF AN EXPERIENCE IS COMPROMISED, ORGANIZATION RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (A) CANCEL OR TERMINATE THE EXPERIENCE (OR ANY PORTION THEREOF); (B) MODIFY THE EXPERIENCE OR SUSPEND THE EXPERIENCE TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE EXPERIENCE IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (C) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.
15. INDEMNIFICATION: As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless Organization, Organization Ambassadors, Organization Directors, all other the Experience Partners, all other the Experience Sponsors, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for organizing, fulfilling, administering, advertising or promoting an Experience, including Advertising Platforms, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in an Experience, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
16. LIMITATIONS OF LIABILITY: The Released Parties are not responsible and will have no obligation or liability for or resulting from: (i) a Participant’s entry or attempt to participate in an Experience, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in an Experience, (iii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iv) unauthorized human intervention in any part of the entry process or an Experience; (v) technical or human error in the administration of an Experience or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind (including, for example, SPAM filters); (vii) Participants who have committed fraud or deception in entering or participating in an Experience or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Organization’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in an Experience or any promotion or Prize related activities. If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in an Experience.
17. BINDING ARBITRATION, NO CLASS ACTION:
Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in Giveaway and/or an Experience.
(A) Mandatory Arbitration of Disputes: As a condition of participation, Participant and Organization each agree that any dispute, controversy, or claim arising out of or relating to a Giveaway or an Experience, these Official Rules, or the breach, termination, enforcement, interpretation, or validity thereof, and including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) shall be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. Participant and Organization agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules and that this arbitration provision shall survive termination of these Official Rules.
(B) Class Action Waiver: Participant and Organization each agree that either of them may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with Participant’s claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 17 shall be null and void.
(C) Limited Remedies: Additionally, except as may be provided for in Subsection 17(D), below, or prohibited by law, Participant and Organization each agree that, for any dispute, claim, or controversy arising out of or relating to a Giveaway or an Experience, these Official Rules or the breach, termination, enforcement, interpretation, or validity thereof, their remedies are limited to a claim for money damages (if any) and they each irrevocably waive any right to seek injunctive or equitable relief.
(D) Exceptions and Opt-out: Notwithstanding Subsections 17(A) and (B), above, Participant and Organization each retain the right to:
(i) seek to resolve a Claim in small claims court if it qualifies; and
(ii) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of their respective intellectual property rights.
In addition, Participant will retain the right to opt out of arbitration entirely and litigate any Claim if Participant provides Organization with written notice of Participant’s desire to do so by regular mail sent to the attention of Veteran Forces’ Legal Department at the Veteran Forces address set out in Section 22, below, within thirty (30) days following the date Participant first agrees to these Official Rules. If Organization changes any of the terms of this Section 17 after the date Participant first accepted these Official Rules (or accepted any subsequent changes to these Official Rules), Participant may reject any such change by sending Organization written notice within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, Participant is agreeing to arbitrate any Claim between Participant and Organization in accordance with the terms of this Section 17 as of the date Participant first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).
(E) Dispute Resolution and Notification of Claims: Prior to bringing a Claim, Participant and Organization each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to Organization must be sent to the Veteran Forces address set out in Section 22, below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within forty-five (45) days after receipt of the Notice, then Participant or Organization may initiate arbitration proceedings as set out below.
(F) Arbitration Process and Rules: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which Organization is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where Participant lives, unless Participant and Organization both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both Participant and Organization may take one deposition of the opposing party, limited to 4 hours. If Participant and Organization cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining the arbitrator’s findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Official Rules.
(G) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If Participant asserts a claim against Organization, Participant will be responsible for paying the consumer filing fee. Organization will pay for all other JAMS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
(H) Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either of Participant and Organization. Participant and Organization agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Dallas, Texas, or the United States District Court for the District of Texas.
(I) Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
18. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Participants and Organization in connection with a Giveaway or an Experience, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of Texas, without giving effect to the conflict of laws rules thereof.
20. RESULTS: A list of winners will be available on VeteranForces.com.
21. ORGANIZATION CONTACT: Veteran Forces Inc., 4900 S. Lancaster Road, Dallas, TX 75216.
22. SEVERABILITY: Each of the terms of these Official Rules operates separately. If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
23. NO WAIVER: If Organization fails to insist that Participant perform any of Participant’s obligations under these Official Rules, or if Organization does not enforce its rights against Participant, or if Organization delays in doing so, that will not mean that Organization has waived its rights against Participant and will not mean that Participant does not have to comply with these obligations. If Organization does waive a default by Participant, Organization will only do so in writing, and that will not mean that Organization will automatically waive any later default by Participant.
24.ENTIRE AGREEMENT: These Official Rules, together with the applicable Giveaway Rules, constitute the entire agreement between Organization and Participant with respect to the Experience and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Organization and Participant with respect to the Experience.
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