DIY Network

DIY Network's Tuesday Toolsday Giveaway Official Rules (page 2 of 2)

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WAIVERS, DISCLAIMERS AND RELEASES:

By participating, entrants (and each minor entrant’s parent/legal guardian) agree to be bound by the Official Rules and the decisions of the Sponsor (including, without limitation, regarding qualification of entrants and prize winners and interpretation of these Official Rules).  By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”): from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize).  Without limiting the generality of the foregoing entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties.  Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of prize notification and/or contact information; any technical malfunctions of the network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or entrant; interruption or inability to access the Website, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) mobile device, computer and/or their contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.  Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.  Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  By participating in this Sweepstakes, entrants hereby agree to irrevocably release and hold the Released Parties harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to entrants’ Entry or participation in this Sweepstakes or in connection with (including any use or misuse) of any prizes awarded hereunder.  Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.  If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.

SUSPENSION / MODIFICATION / TERMINATION:

Sponsor reserves the right, in its sole discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.

In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes.

GOVERNING LAW / LIMITATION OF LIABILITY:

VOID WHERE PROHIBITED BY LAW.  By participating, entrants agree to be bound by the Official Rules and the decisions of the Sponsor which are final and binding in all respects.  The Sweepstakes and these Official Rules shall be construed and governed in accordance with the laws of the State of New York, without reference to its conflicts of law principles.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. 

BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (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 TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

DISPUTES / ARBITRATION:

 

The parties agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration.  In arbitration, there’s no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.  The parties hereto each also agree as follows:  If either of the parties wants to arbitrate a dispute, the parties agree to send written notice to the other providing a description of the dispute and the proposed resolution.  Sponsor will send notice to you based on the contact information you have provided us and notice to us must be sent to: Scripps Networks, LLC, Attn: Legal Department, 1180 Avenue of the Americas, New York, NY 10036.  The parties agree to make attempts to resolve the dispute.  If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either party may submit the dispute to formal arbitration.  The FAA applies to these Official Rules and arbitration provision.  We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.  The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules.  If any AAA rule conflicts with these Official Rules, these Official Rules apply.  You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org.  In the event AAA is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, than either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service.  The arbitration will be conducted by a single neutral arbitrator and will take place in New York, NY.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  The parties each agree not to pursue arbitration on a class-wide basis.  The parties each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim).  If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in court.  The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration.  Either party may bring qualifying claims in small claims court.  In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Sweepstakes (or any Website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes (or any Website or any content or other materials used or displayed on the Website used in connection with the Sweepstakes).

IDENTIFICATION OF SPONSOR:

This Sweepstakes is sponsored by Scripps Networks, LLC, d/b/a DIY Network, 9721 Sherrill Boulevard, Knoxville, TN 37932.

LIST OF SWEEPSTAKES WINNERS/OFFICIAL RULES REQUESTS:

To receive a list of winners, send a stamped self addressed envelope to:  DIY Network’s Tuesday Giveaway Sweepstakes Winners List, Attn: Consumer Marketing, DIY Network, 9721 Sherrill Boulevard, Knoxville, TN 37932 within sixty (60) days of expiration of the Sweepstakes Period. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to DIY Network’s Tuesday Toolsday Giveaway Winners List, Attn: Consumer Marketing, DIY Network, 9721 Sherrill Boulevard, Knoxville, TN 37932 prior to the end of the Sweepstakes Period.  Vermont residents may omit return postage with Official Rules requests.  

MISCELLANEOUS:

The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.  The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Prize Acceptance Release 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 Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official 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.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. 

//END OFFICIAL RULES//

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