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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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