General Rules: No substitution or transfer of prize permitted. Any federal, state and local taxes are the sole responsibility of each winner. By participating in this Promotion, entrants agree to be bound by the Official Rules and the decisions of the judges. By accepting a prize, each winner agrees that the Sponsor and those acting under the Sponsor's authority may use winner's name, picture/portrait, likeness and/or hometown, for advertising and promotional purposes without further consideration, unless prohibited by law. By accepting prize, each winner agrees that Sponsor and their subsidiaries, affiliates, advertising and promotion agencies, and their directors, employees, representatives and agents, will have no liability whatsoever for, and will be held harmless by winner for any liability for any injury, loss or damages of any kind to persons, including death, and property damages sustained, due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of prize or participation in this Promotion or any prize related activity. The Sponsor is not responsible for any typographical or other error in the printing of the Promotion materials or the offering or announcement of the prizes. In the event of a dispute, entries will be deemed made by the authorized owner of the social media account at the time of entry. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, or any fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. a Coronavirus), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Promotion and award the prizes from among all eligible entries received prior to cancellation (if any are received). Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entry. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, delayed or incomplete entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this Promotion; or (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Promotion or the processing of entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes: Except where prohibited, Sponsor reserves the right to make all decisions in its sole discretion arising out of or relating to the Promotion, and the decisions by Sponsor are final and binding on all matters relating to the Promotion. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Minnesota; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the United States of America and the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Minnesota.