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Sole Remedy. Participant’s sole remedy for Sponsor’s breach of these Official Rules shall be a refund of the Entry Fee paid by the Participant.
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Various Limitations. Each Contest Party is not responsible for: (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether through the Sponsor’s website, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties.
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No Class Actions. Except where prohibited, by participating in the Treasure Hunt and submitting an entry, Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Prize, or any other matter relating to the Contest that cannot be resolved between such entrant and any Contest Party shall be resolved individually, without resort to any form of class action.
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No Injunctive or Equitable Relief. In no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of the Treasure Hunt, any website, content, advertising or other materials used, displayed or issued in connection with the Treasure Hunt, or any submission or entry, and such Participant’s rights and remedies in any such Treasure Hunt shall be strictly limited to the right to recover money damages, if any, in an action at law.
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No Special Damages. IN NO EVENT WILL ANY OF THE CONTEST PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE TREASURE HUNT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL PARTICIPANTS.
FORCE MAJEURE. Without limiting any other provision in these Official Rules, in the event that any Participant’s activities or any Contest Party’s operations or activities are affected, as determined by the Sponsor, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. COVID), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, the Sponsor shall have the right to modify, suspend, or terminate the Treasure Hunt, and no Contest Party shall be responsible or liable to any Participant or any person claiming through such Participant for failure to supply the Prize or any part thereof. The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail account to receive e-mail messages or telephone to receive texts.
