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Sponsor reserves the right in its sole discretion to terminate, modify or suspend the Sweepstakes should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Sweepstakes. In the event of termination before the stated end date of the Sweepstakes Period, the prizes for the entry period then in progress will be awarded in a random drawing from among all non-suspect, eligible entries received as of the date/time of termination. Thereafter, no further entries will be accepted and no further prizes will be awarded.
Potential winners may be required, at Sponsor’s discretion, to sign and return, within a stated time period, a standard affidavit of eligibility and liability/publicity release form (where permitted) as a condition of being awarded a prize. Failure to comply will result in disqualification and prize forfeiture, and the forfeited prize may be awarded, at Sponsor’s discretion, to an alternate winner selected in a random drawing from among the remaining entries in the applicable drawing pool. Sponsor and Administrator reserve the right to verify that the winners are eligible and qualified to receive their prizes and may revoke any prize awarded or designated to a person found ineligible.
General Release By participating, entrants agree to release and hold harmless Sponsor, Administrator, Circle K Stores, Inc,, Facebook, Inc., and each of their respective parent companies, affiliates, subsidiaries, and advertising or promotions agencies, and the employees, officers, agents and directors of each of the foregoing (collectively, the “Released Parties”), from and against any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind, however named, arising out of or in connection with participation in this Sweepstakes or with the acceptance, possession, or use/misuse of any prize (if applicable), including, without limitation, claims, costs, injuries, losses and damages related to personal injury or death, damage to, loss or destruction of property, violation of privacy rights, defamation, or portrayal in a false light.
By accepting a prize, each winner acknowledges that the Sponsor has neither made, nor is in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
Disputes/Governing Law/Venue By participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be settled by arbitration administered by the American Arbitration Association (the "Arbitrator"). This arbitration provision limits the ability of the entrant, Administrator, Circle K Stores and Sponsor to litigate claims in court and participant, Administrator, Circle K Stores and Sponsor each agree to waive their respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator, Circle K Stores or Sponsor in any state or federal court and that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator, Circle K Stores or Sponsor. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 1, 2014 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that you will not file a class action or collective action against Administrator, Circle K Stores or Sponsor, and that you will not participate in a class action or collective action against any of them. You agree that you will not join your claims to those of any other person and that you will not agree to class or collective procedures in arbitration or the joinder of claims in arbitration. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, Circle K Stores and Sponsor in connection with the Sweepstakes or any prize, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.
The place of arbitration shall be Lake County, Illinois, unless the Arbitrator requires otherwise. By participating in this Sweepstakes, entrants, to the extent permitted by applicable law, agree to waive all rights to claim punitive, incidental and consequential damages, attorneys' fees or any damages other than actual out-of-pocket costs incurred to enter. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or notifications and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Winner Publicity Except where prohibited, acceptance of a prize constitutes winner's consent to Sponsor’s and Circle K Stores’ use of winner's name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media now known or hereafter developed, worldwide, without limitation, prior approval, review, or further payment or consideration.
Questions or complaints regarding this Sweepstakes must be directed to the Administrator at
[email protected], and not to Facebook.
Sponsor: Mondelēz International, Inc. 100 Deforest Avenue East Hanover, NJ 07936 Administrator: Social Forces, LLC. 1001 E Columbus Dr. Tampa, FL 33605.
All trademarks used herein are the property of their respective owners.
