Common use of Limitation of Liability and Release Clause in Contracts

Limitation of Liability and Release. By participating in the Sweepstakes, each entrant agrees that the Sweepstakes Parties,and their respective parents, subsidiaries, affiliates, advertising agents and promotional partners, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes. Released Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, illegible, postage-due, mutilated, incomplete or delayed entries, Dashes, emails, mail or other communications, all of which will be void. Released Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrant’s ability to participate in this Sweepstakes. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials. As a condition of entering and by participating in the Sweepstakes, each entrant agrees (and agrees to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (i) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (ii) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Furthermore, as a condition of entering and by participating in the Sweepstakes, each entrant agrees that submission of an Entry constitutes full permission to the Sweepstakes Parties (and their respective licensees and designees) to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, by any means, whether now known or hereinafter developed, for any purpose and in any manner, without further notification, authorization, or compensation to entrant or anyone on entrant’s behalf, the entrant’s name, nickname, image, voice, biographical information, any testimonial statement, photograph, and/or other likeness, however captured, and any photographs, videotapes, motion pictures, recordings, or other record of, in connection with the Sweepstakes or any prize, in any and all media, whether now known or hereinafter developed, worldwide and in perpetuity, and entrants represents and warrants that no further permission is required for such use, unless prohibited by law.

Limitation of Liability and Release. By participating in the Sweepstakes, each entrant Entrant agrees that the Sweepstakes Parties,, Twitter, Inc./X Corp., Instagram, Inc./Meta Platforms, Inc., and their respective parents, subsidiaries, affiliates, advertising agents and promotional partners, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants Entrants against, any liability, for any injuries, losses or damages of any kind, including death to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes. Released Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, illegible, postage-due, mutilated, incomplete or delayed entries, Dashes, emails, mail or other communications, all of which will be void. Released Parties are also not responsible for problems related to unauthorized human intervention or for technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, traffic congestion on the internet or any website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled, or misdirected communications, which may prevent the receipt of an entry or otherwise limit an entrantEntrant’s ability to participate in this Sweepstakes. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing of entriesEntries, the announcement of the prize prize(s) or in any Sweepstakes-related materials. As a condition of entering and by participating in the Sweepstakesentering, each entrant Entrant agrees (and agrees to confirm in writing if requested by Sponsor) that to the fullest extent permitted by applicable law: (i) under no circumstances will entrant Entrant be permitted to obtain awards for, and entrant Entrant hereby waives all rights to claim, punitive, incidental, indirect, special, exemplary, or consequential damages and (ii) that any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Furthermore, as a condition of entering and by participating in the Sweepstakesentering, each entrant Entrant agrees that submission of an Entry constitutes full permission to use the Sweepstakes Parties (and their respective licensees and designees) to exhibit, record, reproduce, broadcast, transmit, publish, sell, distribute, perform, use and re-use, by any means, whether now known or hereinafter developed, for any purpose and in any manner, without further notification, authorization, or compensation to entrant or anyone on entrant’s behalf, the entrantEntrant’s name, nicknameimage, imagelikeness, voice, biographical information, and any testimonial statementstatement provided by Entrant for purposes of advertising, photograph, and/or other likeness, however capturedmarketing, and trade, in any photographs, videotapes, motion pictures, recordings, or other record of, medium in connection with the Sweepstakes Sweepstakes, without further notice, approval, or any prize, in any and all media, whether now known or hereinafter developed, worldwide and in perpetuity, and entrants represents and warrants that no further permission is required for such usecompensation, unless prohibited by law.