Common use of Limitation of Liability and Release Clause in Contracts

Limitation of Liability and Release. By entering the Challenge, the Entrant Team agrees that the Challenge Parties will not be responsible or liable for any claims, injuries, costs, losses or damages (collectively “Claims”) resulting from any Entrant Team’s participation in or attempt to participate in the Challenge or use of any prize, including, without limitation, those Claims arising in connection with any of the following occurrences that may affect the operation of the Challenge: laboratory errors, technical failures or malfunctions of any kind; hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless, or Internet connectivity, or other online communication problems; errors or limitations of any Internet service providers, servers, hosts, or providers; garbled, jumbled, or faulty data transmissions; failure of any transmissions to be sent or received; lost, late, delayed, or intercepted transmissions; unauthorized human or non-human intervention in the operation of the Challenge, including without limitation, as a result of unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Challenge. The Challenge Parties are not responsible for (i) lost, late, incomplete, illegible, indiscernible, or misdirected information or reports or for any typographical errors in the announcement of the prize or in these Official Rules, (ii) any inaccurate or incorrect data contained on promotional materials, or (iii) any error in the administration of the Challenge or announcement of the prize and/or all Challenge-related materials. As a condition of entering, the Entrant Team agrees (and agrees to confirm in writing if requested by Sponsors): (a) to forever discharge, release, and hold harmless the Challenge Parties from any and all claims, liabilities, injuries, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Challenge or the prizes, however caused; (b) under no circumstances will the Entrant Team be permitted to obtain awards for, and the Entrant Team hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages from the Challenge Parties; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. If the Entrant Team is a California resident, the Entrant Team hereby waives California Civil Code Section 1542, which states, “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.”