Official Rules for the AltaMed Grow Together Match Program

These official rules (“Official Rules”) constitute the terms and conditions for participation in the AltaMed Grow Together Match Program (the “Promotion”).

No purchase is necessary to enter or win. A purchase will not increase your chances of winning. Only legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older are eligible to submit an application. Void in Puerto Rico, outside the U.S., and where prohibited by law.

  1. The Promotion begins on November 17th, 2017 at 12:00:01 PM Pacific Time (“PT”) and ends on March 15th, 2018 at 12:00:00 PM PT. All nominations must be received between November 17th, 2017 at 12:00:01 PM PT and January 31st, 2018 at 11:59:59 PM PT (the “Application Phase”). Applications submitted before or after the Application Phase will not be accepted. Sponsor’s computer is the official time-keeping device for the Promotion.
  2. Administrator/Sponsor: The Promotion shall be sponsored and administered by AltaMed (“Sponsor”).
  3. Eligibility: Applications may only be submitted by legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time his/her application is submitted. Sponsor and its parent companies, subsidiaries, franchisees, affiliates, distributors, promotional partners, agents, agencies, contractors, subcontractors, and their respective officers, owners, directors, employees, and assigns, and any other individuals or entities associated with the development, administration, or execution of this Promotion (collectively, “Sponsor Parties”), as well as members of their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses) or members of the same household, whether or not related, are not eligible to apply for this Promotion. This Promotion is only available for projects that promote health and wellness activities targeted to and based in the Southeast Los Angeles (“SELA”) community, including Bell, Bellflower, Bell Gardens, Cudahy, Downey, Huntington Park, Lynwood, Maywood, Paramount, Pico Rivera, Santa Fe Springs, South Gate, Walnut Park and West Whittier-Los Nietos.
  4. Application Process: During the Application Phase, you (“Applicant”) must visit (the “Website”), complete and submit the application form. The following must be filled out in the application form:
    • a) The Applicant’s name.
    • b) An individual’s contact name.
    • c) Contact information, including an address, phone number, email, and best way to contact and website address.
    • d) The proposal’s name.
    • e) The proposal details, including:
      • i) A description.
      • ii) How funds will be used.
      • iii) Budget.
      • iv) Who will use, participate, or benefit from the project.
      • v) Where the project will be located.
      • vi) How the project’s success will be measured.
      • vii) How the project will be sustained and maintained over time.
    • f) Supporting attachments, including a proof of existing funds to be matched and two letters of recommendation from the executive director or leader of your organization and a community leader who can attest to your organizations ability to execute your project.
    • g) Total amount of the proposed project, including your contribution plus Promoter’s matching amount.
    • h) The requested amount to be matched (this must be at most 50% of the total project budget).
    • i) The following language included in the application:
      • i) “I hereby acknowledge that I, [your name], can provide proof of 50% of the funds requested for the proposed project and that such funds will remain available until the completion of the application process and the start of the project. I further warrant I can provide proof of such funds in a form acceptable by AltaMed.”
      • ii) “I have read and understand the terms and conditions of the Match Program.”
  5. Your answers, as described above, are collectively referred to as your “Application.” By uploading your Application, you agree that it conforms to these Official Rules and that Sponsor may remove your Application and disqualify you from the Promotion if your Application fails to conform to the rules herein.
  6. In the event of a dispute over who submitted an Application, the authorized subscriber of the e-mail account provided in connection with the Application, as of the actual time of Application, will be deemed to be the Applicant. The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any and all Applicants who submit Applications for any and all winning recipients, may be required to show proof of being the authorized account holder. Any attempt by any Applicant to upload more than the stated number of Applications by using multiple and/or different email addresses, identities, registrations, logins, or any other methods, will void that Applicant’s Applications and that Applicant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Applicants must have permission from all individuals that appear in an Application (if any) to use their name and likeness in the Application and to grant the rights set forth herein. If requested, Applicant must be able to provide such permissions in a form acceptable to Sponsor. Sponsor shall not be responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Applications, which may be disqualified.
  7. Application Approval Process: Sponsor will screen all uploaded Applications for adherence to these Official Rules. Any Applications that do not conform to these Official Rules at the discretion of Sponsor, will be deemed ineligible for entry into the Project Gallery and consideration during the Judging Phase (described below) and will be removed. Applications that provide the required information above and are not disqualified according to the restrictions above will be considered to be featured in the project gallery on the Website (“Project Gallery”) and eligible for the Judging Phase in order to create an account and public profile for sharing and voting in the profile period (“Profile Period”). Applications selected to create an account and public profile to be featured in the Project Gallery, according to the criteria listed below, will be invited to create a profile page to move onto the next round, the “Finalist Voting Phase”:
    • a) The degree of positive impact the Applicant’s project may have on the health and well-being of the SELA community.
    • b) The likelihood the Applicant’s project will be completed on time and within budget.
    • c) The sustainability of the Applicant’s project once it is completed.
    • d) The overall quality of the Application and the Applicant’s project.
  8. Project Gallery Process: If an Application is approved to create an account and profile (“Approved Profile”), the corresponding Applicant’s project will be featured in the Project Gallery. Sponsor will communicate to selected Applicants that their Applicant has been approved and an Approved Profile is eligible to be displayed in the Project Gallery (“Project Gallery Profile”) if the following is supplied in English and by January 31st, 2018 11:59:59 PM PT:
    • a) The project name.
    • b) The project description, which must include the following within fifty (50) to two hundred (200) words:
      • i) The goal of the project.
      • ii) Who will use, participate, or benefit from the project once it is completed.
      • iii) Where the project, when it is completed, be located.
    • c) The project budget, which must be carried over from the application and cannot be different than what was submitted on the application.
    • d) The project image.
      • i. The photo must:
        • (1) Be in .jpg format.
        • (2) Not exceed 5 MB in size.
      • ii) This photo is recommended to be 800×600 pixels.
  9. Application and Project Gallery Profile Terms:
    • a) Applicant agrees that any and all information and materials not in the public domain, including without limitation, any drawings, plans, ideas, documents, copyrights, trademarks, names, images, likenesses and other intellectual property (“Materials”) submitted in connection with the Promotion shall hereby be irrevocably licensed to Sponsor in perpetuity and throughout the world in any and all media for Sponsor’s (or any assignee of Sponsor) use without any obligation to Applicant, and Sponsor shall have the right to use the Materials and/or Project Gallery Profiles at Sponsor’s sole discretion.
    • b) Applicant agrees to and understands that Materials and/or Project Gallery Profiles will be made available to the public, including without limitation, posting on the Internet. Whether or not Materials and/or Project Gallery Profiles are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Materials or Project Gallery Profiles.
    • c) Applicant agrees that the Materials and Project Gallery Profiles of the submitting Applicant are under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Materials or Project Gallery Profiles, and further that the Materials and Project Gallery Profiles must be free of any and all liens, encumbrances, and claims of third parties. Applicant acknowledges, agrees, and warrants that (i) nothing in the Materials or Project Gallery Profiles contains any copyrights, confidential information, trade secrets, or trademarks belonging to any person or entity other than the Applicant, (ii) Applicant has acquired all necessary licenses, clearances and permissions (proof of which may be required upon submission and upon Sponsor’s request), and (iii) neither the Materials or Project Gallery Profiles violate any person’s rights of privacy or publicity and all necessary releases and permissions have been secured. Applicant agrees to indemnify and hold harmless Sponsor Parties from and against any and all claims, demands, damages, costs, liabilities, and causes of action of whatsoever nature that are based upon or arise out of any breach by Applicant of these Official Rules or breach of the warranties and representations made by Applicant in this paragraph. Modifying, enhancing, or altering a third party’s preexisting work does not qualify as Applicant’s original creation.
    • d) By uploading the Materials the Applicant agrees to release, defend, indemnify, and hold Sponsor Parties harmless from all claims, demands, and causes of action of any nature whatsoever which Applicant or Applicant’s heirs, representatives, executors, administrators, or any other persons acting on Applicant’s behalf, or on behalf of Applicant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Applicant in these Official Rules; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings, or potential earnings in connection with Sponsor’s use of the Materials or Project Gallery Profile and any portion thereof, or the name or likeness of any natural person therein.
    • e) Applicants are responsible for securing necessary permissions, location releases, and licenses for any visual material contained in the Materials and Project Gallery Profile.
    • f) Sponsor is not responsible for any expenses incurred in the production and delivery of the Materials or Project Gallery Profile.
    • g) Materials and Project Gallery Profile Content Restrictions: Materials and Project Gallery Profiles must not contain content that, as determined by Sponsor, in its sole discretion:
      • i) References tobacco, smoking, smoking products, alcoholic beverages, or otherwise contains or depicts someone smoking or intoxicated.
      • ii) Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
      • iii) Contains material that promotes bigotry, racism, or hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      • iv) Contains any unacceptable clothing or adornments, or displays any commercial or corporate advertising other than that of Sponsor (including, but not limited to, corporate logos, brand names, trademarks, slogans, or political, personal, or religious statements).
      • v) Contains indecent, violent, or unsafe behavior or situations, profanities or obscenities, including, but not limited to, nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous, or libelous.
      • vi) References persons without their express written permission.
      • vii) Contains any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses of people or entities the Applicant does not have express written permission from to use.
      • viii) Contains materials embodying the names, likenesses, voices or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without express written permission.
      • ix) Disparages any persons or organizations.
      • x) Includes threats to any person, place, business, or group.
      • xi) Is unlawful, in violation of, or contrary to any applicable federal, state, or local laws or regulations.
  10. Applicant’s failure to comply with any these Official Rules, or any applicable Federal or State law, as determined by Sponsor, in its sole discretion, may result in disqualification of Applicant. Without limitation, Sponsor reserves the right, in its sole discretion, to disqualify any Applicant for any Application, Materials, or Project Gallery Profile from said Applicant that refers, depicts, or in any way reflects negatively upon Sponsor, the Promotion, or any other person or entity, is the subject of a notification of potential infringement or violation of law, is not suitable for presentation in a public forum, or for any other reason set forth in these Official Rules.
  11. Judging Phase: On February 1st, 2018 to February 26th, 2018, all Project Gallery Profiles will be judged during the “Judging Phase” to determine whether they will be published by Sponsor. The five (5) Project Gallery Profiles with the most votes at the end of the Judging Phase (“Finalists”) will enter the Finalist Voting Phase, as described below. The Judging Phase will begin on February 1st, 2018 to February 26th, 2018.
    • a) The Judging Phase will consist of a scoring system (“Scoring System”), in which, subject to the Finalists’ compliance with these Official Rules, Project Gallery Profiles will receive votes by a judging panel.
    • b) The judges on the judging panel will determined by Sponsor, in its sole discretion, consisting of Sponsor’s employees and SELA community members (“Judging Panel”) and shall assess Finalists’ Project Gallery Profiles and award a potential total of seventy (70) Points during the Judging Phase to deserving Finalists in the following ways:
      • (1) A range from zero (0) to thirty five (35) Points will be provided to Finalists depending on the positive impact the Finalists’ programs have on the health and well-being of SELA.
      • (2) A range from zero (0) to twenty one (21) Points will be provided to Finalists depending on the likelihood the Finalists’ programs will be completed on time and within budget.
      • (3) A range from zero (0) to ten (10) Points will be provided to Finalists depending on the sustainability of the project once it is completed.
      • (4) A range from zero (0) to four (4) Points will be provided to Finalists depending on the Overall Quality of the Application.
    • c) The five (5) Finalists with the most votes will be published by Sponsor before February 28th, 2018 at 12:00:01 PM Pacific Time.
  12. Finalist Voting Phase Process:
    • a) After the Finalists are selected in the Judging Phase and their corresponding Project Gallery Profiles are published (“Finalist Profile”), each Finalist shall promote its Finalist Profile. It is Finalist’s sole responsibility to promote its Finalist Profile. Sponsor may provide sample flyers, sample letters to community groups, and sample social media posts (“Promotional Kit”). Sponsor does not warrant the effectiveness of the Promotional Kit. Sponsor owns all intellectual property, including but not limited to, trademarks, copyrights, and rights of publicity contained within the Promotional Kit. Sponsor licenses Finalist to use the Promotional Kit only for promoting Finalist’s Profile for purposes of winning a grant from this Promotion and only for the duration of the Promotion.
    • b) Those eligible to vote (as described above) may visit the Website’s Finalist Gallery and follow the on-screen instructions.
    • c) All votes, regardless of method, must be received by February 28th, 2018 at 11:59:59 PM PT.
  13. Finalist Voting Phase: After the Finalist Profiles have been published, the Finalist Voting Phase shall begin on February 28th, 2018 at 12:00:01 PM Pacific Time and end on March 14th, 2018 at 11:59:59 PM PT. Legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years of age at the time of voting (each a “Voter”), will be able to vote for the Profile they believe is most deserving of a grant.
    • a) Limits on Voting: Each Voter will be able to vote one (1) time through the Website as described below, per day, during the Finalist Voting Phase. Votes received from any Voter in excess of the stated number will be void. All votes cast must correspond to a single person with a single email address and user account created on Each Voter must personally cast his/her vote and may not solicit and may not delegate by proxy, or otherwise authorize or entice, another person to cast vote(s) on his/her behalf or that of another person, whether or not using the Voter’s name, email address, or user account. Individual Voters may not use multiple email addresses, and/or user accounts to cast multiple votes and multiple Voters may not share the same email address.
    • b) Prohibitions on Voting: Any discovered attempt by an Applicant, Finalist, or Voter to submit, entice, solicit, authorize, or otherwise receive, by fraudulent or inappropriate means, including, without limitation, offering grants or other inducements, more than one (1) vote per person, per method, per day, or to use fraudulent or multiple email addresses or identities, or to request or grant request of authorization to vote by proxy, or to generate votes by script, macro or other automated means, or any other attempt to impair the integrity of this Promotion, or to subvert or circumvent the voting or application processes or these Official Rules may, in Sponsor’s sole and absolute discretion, result in voiding of all the Applicant’s, Voter’s, and/or Finalist’s Votes and disqualification of the Applicant, Voter, and/or Finalist and corresponding Application(s) from further participation in the Promotion and/or the adjustment or resetting of a Finalist’s cumulative vote count to zero (“0”). Eligible votes cast and received will be recorded in Finalists’ cumulative vote totals. While Sponsor, in its sole discretion, may take action against fraudulent activities Sponsor observes or is alerted to, Sponsor assumes no responsibility or obligation to proactively police participants’ activities, or to investigate any claims of fraudulent activity. Sponsor is not obligated to enter into any correspondence with Applicant, Voter, or Finalist regarding a vote or participants’ questionable voting practices.
  14. Grant Winner:
    • a) The grant winner(s) will be the Applicant with the highest number of cumulative points awarded during the Voting and Judging Phases (“Grant Winner”). The Grant Winner(s) will be notified by mail, email or phone on or about the dates of March 2nd, 2018. Sponsor reserves the right, in its sole discretion, to select an alternate Grant Winner if the voting appears to have been tampered with or manipulated in any way. In such an event, Sponsor will apply the Judging method outlined above.
    • b) Program Grant: Sponsor will provide a maximum of a Twenty Thousand U.S. dollars ($20,000.00 USD) as a match grant to the Grant Winner(s). The amount of the grant awarded to the Grant Winner(s) will be reduced to the amount the Grant Winner initially requested in its Application. As stated above, the amount of the grant awarded must match the amount Grant Winner(s) already has dedicated to its program. For example, an amount of ten thousand U.S. dollars ($10,000.00 USD) will be awarded to a Grant Winner(s) who requested ten thousand U.S. dollars ($10,000.00 USD) and already has ten thousand U.S. dollars ($10,000.00 USD) dedicated towards the project described in Grant Winner(s) associated Application.
    • c) Ties of Most Votes: A tie between Grant Winners with the same cumulative number of Votes will result in a division of the grant where each Grant Winner will receive an equal share of the grant. For example, two Grant Winners who both requested ten thousand U.S. dollars ($10,000.00 USD) will each receive five thousand U.S. dollars ($5,000.00 USD). The accumulation of each Grant Winners’ grants will not, in any circumstance, exceed twenty-thousand U.S. dollars ($20,000.00 USD).
    • d) Grants are non-transferable and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a grant for one of equal or greater value should it become unavailable for any reason. Grant Winner(s) is responsible for any taxes and fees associated with grant receipt and/or use.
    • e) Winner Notification: Sponsor may subject Grant winner(s) and Applicant(s), if different, to verification of any and all eligibility requirements and full compliance with these Official Rules. Sponsor has the sole discretion to not award a grant to Grant Winner(s) if Grant Winner(s) or Applicant(s), if different, do not meet the eligibility requirements or fully comply with the Official Rules. Except where prohibited, a legally authorized representative of the Grant Winner(s) associated with the potentially winning Application(s) may be required to complete and return to Sponsor, or its designated agent, an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) within seven (7) days of receiving the Affidavit and Release. Failure to return the signed Affidavit and Release within seven (7) days following the date of delivery thereof may result in forfeiture of a grant. If Grant Winner(s) cannot be contacted as specified above, or if it fails to return the signed Affidavit of Eligibility by the deadline specified above, or if Grant Winner(s) is deemed ineligible for any other reason in Sponsor’s sole discretion, the Grant Winner(s) will be disqualified and an alternative Grant Winner(s) may be selected in its place from among all remaining eligible Applications based on the selection procedures outlined above, at the discretion of Sponsor. If Grant Winner(s) for any particular grant is not ascertained by Sponsor, that particular grant will remain unawarded.
    • f) All decisions of Sponsor related to the Promotion are final and binding in all respects.
    • g) The minimum funding amount available for a project application is one thousand U.S. dollars ($1,000.00 USD) with a maximum of Twenty Thousand U.S. dollars ($20,000.00 USD). Grant Winner(s) must match its application with a fifty percent (50%) cash match of the dollar amount requested.
  15. License Release: Applicants’ and Grant Winners’ Publicity Release and License of Applications:
    • a) By uploading an Application and/or Project Gallery Profile in this Promotion, each Applicant and/or Grant Winner hereby grants to Sponsor the following rights in connection with the Application, Approved Profile, Project Gallery Profile, and Materials (collectively “All Information Submitted”):
      • i) A royalty-free, irrevocable, universe-wide, perpetual, non-exclusive, transferable right and fully-paid up, fully-sub-licensable license, under any and all such rights, to use, post, host, store, cache, index, archive, crawl, reproduce, duplicate, distribute, modify, create derivative works from, publicly perform, publicly display (without any restrictions as to changes), to publish (or not to publish), in whole or in part, to incorporate into other works or otherwise exploit in any manner (except if Applicant or Grant Winner is a resident of Tennessee, or otherwise where prohibited by law) the following: user or screen name(s), hometown(s), voice and/or likeness, name, biographical information, in whole or in part, and All Information Submitted in connection with this Promotion, on the Website, or other websites or social media platforms owned, controlled, or utilized by Sponsor, including Sponsor’s pages on Twitter and/or Facebook (collectively, the “Sites”), or for other promotion, publicity, and/or advertising for Sponsor, its products, services, and/or other commercial purposes and in any medium, media format, or technology now known or later developed.
      • ii) To users of the Sites, a perpetual, universe-wide, royalty-free, non-exclusive license to access, distribute and/or display All Information Submitted through the Sites and to vote, rate, review, comment on and tag the Application(s) and/or Project Gallery Profile(s).
    • b) No Moral Right. To the extent allowed by applicable law, Applicant(s) and Grant Winner(s) shall waive any “droit morale,” “moral rights of authors,” and all other similar rights, however denominated throughout the world, with respect to attribution of authorship or integrity of all or any portion of All Information Submitted and any part of their/its content, and further:
      • i) Acknowledges and agrees that the All Information Submitted is being supplied/created for commercial and/or trade uses.
      • ii) Covenants not to bring any legal action with respect to any non-waivable moral rights (or other similar rights) arising out of any use of All Information Submitted, including but not limited to any use that may alter the perception of All Information Submitted or the integrity thereof. To the extent such waiver is not legally permissible, Applicant(s) and Grant Winner(s) shall grant Sponsor the irrevocable right to exercise any moral rights in All Information Submitted on Applicant'(s) and Grant Winner(s) behalf to the fullest extent permitted by law.
    • c) No Additional Consideration/Compensation: Applicant(s) and Grant Winner(s) represent, warrant, and acknowledge that Sponsor Parties shall not be required to make any payments of any nature to Applicant(s), Grant Winner(s), or anyone else (e.g., royalties, revenue share, profit share, etc.) or reimburse Applicant(s), Grant Winner(s), or anyone else for any costs, expenses, or fees related to the development or creation of the Application or the acquisition, exercise of rights to or exploitation of All Information Submitted pursuant to the rights granted to Sponsor or the Sponsor Parties hereunder.
  16. In addition to the rights, obligations, and assurances set forth above, any Grant Winner(s) shall agree to the following:
    • a) Acceptance of any grant shall constitute and signify both any and all Applicant(s)’ and Grant Winner(s)’ agreement and consent that Sponsor and its designees may use both the Applicant(s)’ and Grant Winner(s)’ name, city, state, likeness, photo, screen name(s), hometown(s), voice, biological information, All Information Submitted, and/or grant information in connection with the Program for promotional, advertising, or other purposes, universe-wide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law, in perpetuity. Without limiting the generality of these Official Rules, Applicant(s) whose Applications featured Grant Winner(s) shall irrevocably grant, transfer, convey, and assign to Sponsor the entirety of the rights in and to All Information Submitted, all renewals, and extensions of copyrights, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use All Information Submitted for any and all purposes, in any and all media whether now known or hereafter developed, on a universe-wide basis, in perpetuity. Applicant(s) and Grant Winner(s) accept and acknowledge that Sponsor shall not be obligated to use All Information Submitted and that Sponsor in its sole discretion shall have the right to refrain from using the All Information Submitted. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder.
  17. General: By participating in this Promotion, all Applicants, Finalists, Voters, and Grant Winners (collectively “Participants”) agree to these Official Rules and to all decisions of Sponsor, which are final and legally binding in all respects, and further agree that Grants will be awarded upon the condition that the Sponsor Parties shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any grant, participation in this Promotion, and in participation in any Promotion-related activities, and further acknowledges that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any grant, including but not limited to its merchantability, quality, mechanical condition, or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion to cancel, terminate, or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention, or other causes beyond the control of Sponsor corrupt or impair the administration, integrity, or security of the Promotion (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Website or any portion thereof). Participants agree to release all rights to bring any claim, action, or proceeding against Facebook, further covenant not to sue Facebook and hereby acknowledge that Facebook has not 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 Promotion or the grant(s).
  18. Release of Sponsor and Administrator: The Sponsor Parties are not responsible for hardware, software, or telephone failures of any kind, traffic congestion on the Internet or the Website or any combination thereof, lost network connections, incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Promotion, or by technical or human error which may occur and/or which may damage a user’s system or limit Participants’ ability to participate, vote, and/or redeem any grant in the Promotion. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such persons or organizations to the fullest extent of the law.
  19. Liability: As a condition of participating in this Promotion, all Participants agree that:
    • a) Under no circumstances will such Participants be permitted to obtain awards for punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, and, accordingly, such Participants hereby waive all rights to claim awards for said damages.
    • b) All causes of action arising out of or connected with this Promotion, or grant(s) awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association with each party responsible for its own fees and costs regardless of the outcome of arbitration.
    • c) Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees.
  20. Choice of Law: The laws of the State of California shall exclusively govern the Promotion.
  21. Abrogation: Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal, provincial, or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Participants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Participants who are disqualified due to such an action.
  22. Privacy: Any personal information collected will be subject to Sponsor’s Privacy Policy and will be used by Sponsor Parties solely to administer this Promotion and will not be used or disclosed for any other purpose, except as Participants agree to above, without the additional consent of the applicable Participants outside those Participants agreeance to this agreement, unless required by law. By participating in this Promotion, each Participant agrees that Sponsor has the right to contact Participant by telephone, email, or regular mail as set forth by these Official Rules. In the event of any discrepancy between Sponsor’s Privacy Policy and these Official Rules, the Privacy Policy will govern and control. For Sponsor’s on-line Privacy Policy, please visit the Website.