LIMITATION OF LIABILITY:Crayola is not responsible for: (i) electronic transmission or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Crayola for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft, or destruction of, unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, or software; (iv) causes beyond Crayola’s reasonable control that jeopardize the administration, security, fairness, integrity, or proper conduct of this Sweepstakes; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vi) any typographical or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of the prize winners; or (vii) cheating or fraud by any entrant.All incomplete or non-conforming entries will be disqualified.
If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, human, or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Crayola that corrupt or affect the security, administration, fairness, integrity, or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Crayola reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the end date of the Sweepstakes Period, the prize for the Sweepstakes Period will be awarded in a random drawing from among all eligible, non-suspect entries received in the Sweepstakes Period prior to the date/time of termination. Thereafter, no further drawings will be conducted and no further prizes will be awarded. Crayola reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes, or who acts in violation of these Official Rules or in a disruptive manner. Crayola’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS ANDS HOULD SUCH AN ATTEMPT BE MADE, CRAYOLA RESERVES THE RIGH TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering, each entrant agrees to indemnify, release, defend, and hold harmless Crayola, Facebook, and their respective shareholders, parent companies, affiliates, subsidiaries, and the officers, directors, and employees of each of the forgoing (collectively, the “Released Parties”) from and against any and all liability for loss, harm, damage, injury, cost, or expense whatsoever arising from or in connection with participation in the Sweepstakes or the acceptance, possession, and/or use/misuse of a prize (if awarded to them). By accepting a prize, the winner acknowledges that Crayola has neither made, nor is in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize or any portion thereof.
DISPUTES/VENUE/GOVERNING LAW:By participating, entrants agree that (a) any and all disputes, claim, and causes of action arising out of or in connection with this Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state, or local court, (b) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILTIY FOR INCIDENTAL OR CONSEQUENTIAL DAMANGES, SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of Crayola in connection with the Sweepstakes, shall be governed by, and constructed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania.
In the event that there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.