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By using this site, you agree to these "Terms of Use" and that the decisions of the Company operating this website are final and binding in all respects.
1. Eligibility:
Use of howpopular.com (the “site”) is open only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older and located in the U.S. at the time of entry. Employees, contractors, directors and officers of HowPopular.com (“Company”), and their respective parents, subsidiaries and affiliated companies, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Site (collectively, “Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible. Void elsewhere and where prohibited by law.
2. Registration Limitations:
Registrants may not enter with multiple email and/or multiple identities nor may registrants use any other device or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple email and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries may be disqualified.
3. General Rules:
All federal, state and local laws apply.
ANY ATTEMPT TO DELIBERATELY DAMAGE THIS WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Limitations of Liability:
The Company is not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered or postage-due mail; or for printing, distribution or production errors or for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion, or by any human, traffic congestion on the Internet or at any Web site, or any combination thereof., or other error, which may occur during registration or use of this site. If, in the Company’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion or if technical difficulties compromise the integrity of the site, the Company reserves the right to void suspect entries.
The Company is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web site users, tampering or hacking, or by any of the equipment or programming associated with or utilized by the Site and 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 the web site. The Company is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating or downloading materials from or use of the web site.
IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROMOTION, ACCESS TO AND USE OF INTERNET SITE WWW.HOWPOPULAR.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
5. Disputes:
In the event of a dispute regarding the identity of the person submitting an entry, registration will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Company reserves the right to disqualify any individual who tampers with the Website or acts in a disruptive manner. Use of this site is offered only in the United States and All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of participant and Company in connection with this Site, shall be governed by, and construed in accordance with the laws of the State of Alaska. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of Alaska located in the 4th Judicial District for any action, suit or proceeding arising out of or relating to this site.
6. Waiver:
Except where prohibited, as a condition of participating in this site, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this site, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with registering for this Site), and participant further waives all rights to have damages multiplied or increased. By participating on this site, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
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