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7
8. RELEASE, WAIVER, AND DISCLAIMER: By entering the Game, each entrant agrees: (i)
to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor
and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity
with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim,
action or proceeding against any of the Released Parties in connection with the Game; and
(iv) to forever and irrevocably agree to release and hold harmless each of the Released
Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands,
fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside
attorneys’ fees) that may arise in connection with: (a) the Game, including, but not limited to,
any Game-related activity or element thereof, and the entrant’s entries, participation or
inability to participate in the Game, (b) the violation of any third-party privacy, personal,
publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any
Game materials, (d) acceptance, receipt, travel related to, participation in, delivery of,
possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction,
negligence or willful misconduct in connection with the use of a Prize (or any component
thereof), (e) any change in the prizing (or any components thereof) due to unavailability or
due to reasons beyond Sponsor’s control, including, but not limited to, 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 such action(s), regulation(s), order(s) or request(s)
prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war,
fire, flood, 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 cause beyond any of the
Released Parties’ control (collectively, “Force Majeure”), or as otherwise permitted in these
Official Rules, (f) any interruptions in or postponement, cancellation or modification of the
Game, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any
part of any entry (including, without limitation, the registration information or any parts thereof),
(i) any technical malfunctions or unavailability of any telephone network, computer system,
computer online system, computer timing and/or dating mechanism, computer equipment,
software or Internet service provider, or mail service utilized by any of the Released Parties
or by an entrant, (j) interruption or inability to access the Game or any online service via the
Internet due to hardware or software compatibility problems, (k) any lost/delayed data
transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l)
any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed,
incomplete, undeliverable or damaged entries, (m) any wrongful, negligent, or unauthorized
act or omission on the part of any of the Released Parties, (n) lost, late, stolen, misdirected,
damaged or destroyed prizing (or any element thereof), or (o) the negligence or willful
misconduct by entrant.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GAME,
INCLUDING PRIZE COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE
LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Check local laws for any restrictions or
limitations regarding these limitations or exclusions.
9. DISPUTES: THIS GAME IS GOVERNED BY, AND WILL BE CONSTRUED IN
ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND
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