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2015 CUSTOMER CHOICE FOOD AWARDS SWEEPSTAKES TERMS & CONDITIONS

by on ‎08-07-2015 08:00 AM

TERMS AND CONDITIONS: Sponsor shall not be liable to Participants for, and each Participant releases Sponsor from, any failure to supply any prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Sponsor’s control. Sponsor is not responsible for, and each Participant hereby releases Sponsor from any claim with respect to, any: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable Submissions due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or Submissions; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Sweepstakes; (e) technical or human error which may occur in the administration of the Sweepstakes or the processing of Submissions; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Participant’s participation in the Sweepstakes or receipt or use of any prize.  All food will Ship 2nd day air.   Food cannot ship to PR, VI, or Guam

 

Sponsor reserves the right to disqualify any Participant it finds to be violating these Sweepstakes Rules. Sponsor reserves the right to require any Winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any Submission will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes as determined by Sponsor in its sole discretion. Sponsor reserves the right to cancel or suspend the Sweepstakes for any reason.  Sponsor has the right, but not the obligation, to use any Submission. Sponsor may, in its sole discretion, cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit a Participant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines such Participant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, plagiarizing, engaging in any deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. The internal laws of the Commonwealth of Pennsylvania will govern the Sweepstakes, these Sweepstakes Rules, and any disputes regarding these Sweepstakes Rules and/or this Sweepstakes. Any attempt to deliberately damage or undermine the legitimate operation or fair play of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification of the Participant from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.

 

PRIVACY: Information collected from Participant is subject to QVC’s privacy statement located at www.qvc.com (“Privacy Policy”).  By entering the Sweepstakes, you accept Sponsor’s Privacy Policy.  In the event of a conflict between these Sweepstakes Rules and Sponsor’s Privacy Policy, Sponsor’s Privacy Policy will govern.

 

GOVERNING LAW / LIMITATION OF LIABILITY:

BY ENTERING THE SWEEPSTAKES, Participant AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED FOUR HUNDRED AND TEN DOLLARS ($410.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY Participant BE PERMITTED TO OBTAIN ANY AWARD FOR, AND Participant HEREBY KNOWINGLY AND EXPRESSLY WAIVES ANY AND ALL RIGHTS TO (I) HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED RIGHTS AND (II) SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FOUR HUNDRED AND TEN DOLLARS ($410.00); AND (4) Participant’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND Participant IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

 

 

MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Sweepstakes Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision.  In the event that any provision of the Sweepstakes Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Sweepstakes Rules or any Prize Acceptance Documents will not constitute a waiver of that provision.  Participants agree to waive any rights to claim ambiguity of these Sweepstakes Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

 

DIGITAL MILLENNIUM COPYRIGHT ACT: Sponsor’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").

 

WINNER’S LIST: For the name of the prize winner, mail a self-addressed, stamped envelope to: 2015 Customer Choice Food Awards Sweeps, QVC Studio Park Mail Code 201, West Chester, PA 19380.