A. Each Contestant hereby acknowledges and agrees that the relationship between the Contestant, the Sponsor and the Administrator, is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor and Administrator for the purposes of this Competition does not place the Sponsor, the Administrator, and their respective agents in a position that is any different from the position held by the members of the general public with regard to elements of the Contestant’s Submission, except as specifically provided in these Official Rules.
B. By entering, each Contestant (including, in the case of team or Organization, all participating members) agree(s) to:
(i) comply with and be bound by these Official Rules and the decisions of the Sponsor, Administrator, and/or the Competition judges which are binding and final in all matters relating to this Competition; and
(ii) release, indemnify, defend and hold harmless the Sponsor, Administrator, and their respective parent, subsidiary, and affiliated companies, the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and all of their respective past and present officers, directors, employees, agents and representatives (hereafter the “Released Parties”) from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees), including but not limited to negligence and damages of any kind to persons and property, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a Contestant’s entry, creation of Submission or entry of a Submission, participation in the Competition, acceptance or use or misuse of the Prize (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of Submission as authorized or licensed by these Official Rules.
C. Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by the Sponsor or Administrator’s electronic or printing error, or by any of the equipment or programming associated with or utilized in the Competition;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Competition Website;
(iii) unauthorized human intervention in any part of the entry process or the Competition;
(iv) technical or human error which may occur in the administration of the Competition or the processing of Submissions; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the Contestant’s participation in the Competition or receipt or use or misuse of any Prize. If for any reason any Contestant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Contestant’s sole remedy is to request the opportunity to resubmit its Submission, which request will be determined at the sole discretion of the Sponsor and the Administrator if the Competition Submission Period is still open.
Posted in: Gap App Challenge Rules