THESE OFFICIAL RULES ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE AND LICENSE FROM PARTICIPANTS, AND A LIMITATION OF CERTAIN RIGHTS AND REMEDIES.
1. Promotion and Sponsor. Participation in the Wyzr Friends Photo Challenge (the "Promotion") constitutes each Participant's (as defined below) full and unconditional agreement to these Official Rules. The Promotion is sponsored and administered by Wyzr Friends, 681 San Rodolfo Dr., Solana Beach, CA 92075 ("Sponsor"). All decisions related to these Official Rules by Sponsor are final and binding. While this Promotion may be promoted via social media websites, such websites are not affiliated with Sponsor or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, X (f/k/a Twitter), TikTok, Instagram, or any other site or medium that might host content where information about this Promotion is posted or published (collectively "Content Hosts"). Participants that provide information in connection with this Promotion are providing such information only to Sponsor and not to any School or to Content Hosts.
2. Promotion Period. The Promotion begins at 9:00 a.m. PT on June 12, 2024, and ends at 11:59 p.m. PT on June 30, 2024 (the "Promotion Period"). Sponsor is the official timekeeper of this Promotion.
3. Eligibility. The Promotion is open only to registered users of the Wyzr Friends App (“Entrant”) in the forty-eight contiguous United States, and the District of Columbia. Each Entrant who, during the Promotion Period, participates in the Promotion, is age 30 or older and maintains a valid and active Wyzr Friends account with at least 2 real profile pictures of themselves. Employees or agents of Sponsor or its parent or affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, or advertising, marketing, public relations, or promotional/fulfillment agencies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee or agent, are not eligible. Legal entities are not eligible to enter. Participant eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules. Participation in the Promotion in any way, including the completion or partial completion of any act of participation in any manner, constitutes Participant's full and unconditional agreement with all provisions of these Official Rules.
4. Method of Entry. During the Promotion Period, each Entrant will receive one entry into the Promotion by registering for the Wyzr Friends App and completing their user profile including at least 2 real profile pictures of themselves.
5. Conditions of Participation. By participating in this Promotion, each Participant agrees to be bound by these Official Rules and the decisions of Sponsor and its authorized representatives, which are final and binding in all matters concerning this Promotion. Any participation not in accordance with these Official Rules is void.
Participants may be required to provide certain personal information to register a Wyzr Friends account (collectively or individually, "Personal Information"). Sponsor is not responsible for erroneous, fraudulent or fake information provided by Participant during the Promotion. Participation must be by Participant through Participant's valid, active Wyzr Friends account. Participation by any other individual or entity, or originating from any other application or website, including without limitation commercial promotion entering service sites, is invalid and will be disqualified from this Promotion. Submitting mass entries generated by an automated program, script, or macro that enables automated actions on the Wyzr Friends platform on behalf of a user, or the use of any other similar device, program, or method to enter this Promotion, is prohibited and will result in disqualification. In the event of a dispute as to the identity of Participant, the authorized email account holder of the email address associated with the Wyzr Friends account used to enter will be deemed to be Participant. The "authorized account holder" of an email address is the natural person assigned to that email address by any organization (business, educational institution, etc.) responsible for assigning accounts to that email address. If the identity of an individual who actually participated in the Promotion cannot be resolved to Sponsor's satisfaction, the affected individual will be deemed ineligible.
Sponsor may, in its sole discretion, disqualify any Participant that it finds to be in violation of these Official Rules, tampering with the operation of the Promotion (including, but not limited to, tampering with websites, email addresses, or Wyzr Friends accounts), or acting in an unsportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal or civil law, and Sponsor may seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize and Prize Conditions. The Entrants that are determined by Sponsor at the end of the Promotion to be the Promotion winners (the "Winners") will receive cash prizes in the form of a Visa or Mastercard gift card in the amounts of $150 USD for the first prize, $75 USD for the second prize, and $50 USD for the third prize. By no later than 9:00 am PST on July 1, 2024, Sponsor will contact the Winners via the Wyzr Friends App.
7. Winner Determination and Winning Participant Verification. The processes leading to the selection of the Winner, and the selection of each Winning Participant are within the sole discretion of Sponsor. To be verified as an eligible Winning Participant, each potential Winning Participant must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules and must not be disqualified for any reason.
8. Limitations of Liability. By entering or participating in this Promotion or any prize in any way, each Participant agrees to indemnify, defend, and hold harmless, and thereby does release and discharge Sponsor, Content Hosts, and each of their respective parent and affiliate companies, vendors, suppliers, consultants, sub-contractors, distributors, legal counsel, and advertising, marketing, public relations, and promotional/fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such individual (collectively, the "Released Parties") from and against any loss, damage, injury, claim, or cause of action related in any way whatsoever to this Promotion, these Official Rules, or the rights, consents and licenses granted to Sponsor under these Official Rules, including, but not limited to, infringement of any right of publicity or intellectual property; threatened or actual injury, loss or damage to any person, including death and disability; defamation or portrayal in a false light (intentional and unintentional); invasion of privacy; and damage to or loss of property, arising out of such Participant's participation in the Promotion or any prize. In no event will Released Parties be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages arising out of this Promotion. (Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. Check local laws for restrictions regarding these limitations or exclusions.)
Participants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Participants, any internet or email service provider, any promotional or advertising agency, computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing or calculation of Qualified Actions or the announcement or notification of the advancing Entrants, the Winner, the Winning Participants, or any prize; (5) any injury or damage to persons or property, including without limitation computers, phones, and tablets, that may be caused, directly or indirectly, in whole or in part, by Participant's participation in the Promotion or access to the Promotion materials; or (6) any other errors in any materials, information or announcements associated with the Promotion.
EACH PARTICIPANT WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” EACH PARTICIPANT REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
9. Right to Modify or Cancel. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Sponsor's failure to enforce any provision of these Official Rules does not constitute a waiver of that provision. Sponsor may cancel, suspend or modify the Promotion or any part of it, in any way, if Sponsor determines in its sole discretion that the Promotion is not capable of executing as Sponsor intended, or that any mistake, clerical, or typographical error, omission, fraud, technical failure, tampering, computer virus, or other factor, technical or otherwise, beyond Sponsor's reasonable control, impairs or may impair Sponsor's ability to properly conduct the Promotion, subject to any applicable law or regulation. In the event of an inconsistency between these Official Rules and any disclosure or other statement contained in any Promotion-related materials, including, but not limited to, a Promotion entry form or any point-of-sale, radio, television, print, or online advertising, these Official Rules will prevail and govern.
10. Disputes. Participant’s participation in the Promotion is subject to Sponsor’s Terms of Use, which can be found at wyzrfriends.com including the arbitration provisions therein, and any dispute regarding this Promotion shall be governed by the Dispute Resolution Section in Sponsor’s Terms of Use that the Participant has agreed to in connection with its use of Sponsor's services. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights or obligations of Participants or Sponsor in connection with the Promotion, are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules that would cause the application of the laws of any other jurisdiction. Notwithstanding the foregoing, the interpretation and enforcement of the Dispute Resolution Section in Sponsor’s Terms of Use shall be governed by the Federal Arbitration Act.
11. Privacy. By participating in this Promotion, Participant agrees to Sponsor's manner of collection, use, retention, and disclosure of Participant's Personal Information submitted in connection with the Promotion. Personal Information collected from Participant is subject to Sponsor's privacy policy, which can be found at wyzrfriends.com.
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