An Entrant is not required to be a CHM Member at time of entry in order to win. CHM reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with, or attempt to tamper with, the entry process or the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries are void if forged or made through robotic, macro, automatic, mechanical, facsimile, programmed or any similar entry duplication method other than any that may be authorized above and CHM reserves the right to disqualify any individual using any such method. CHM may prosecute any fraudulent activities to the full extent of the law. All federal, state and local laws and regulations apply.
CHM is not responsible for any lost, late, misdirected, incomplete, incorrect, garbled or inaccurate entries or entry information, however caused, and CHM assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, or for: (a) telephone, computers, network, or other communication line malfunction, human or other error or failure to properly process any entry; (b) communication disruption or other forces beyond its reasonable control, including inability to access the CHM email address, submission and entry or other disruption related to theft or destruction, tampering or unauthorized access to entries and/or entry information, internet traffic, virus, bug or any unauthorized intervention whether or not caused by any action, regulation, order, or request by any governmental or quasi-governmental entity, equipment failure, including overloading, failure or crash of any CHM system resulting from or arising out of any cause beyond CHM’s sole and reasonable control; (c) damage caused by computer virus or otherwise resulting to any computers as a result of any entry to the Contest; (d) printing or other errors appearing in these Official Rules or other Contest materials; (e) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Entrant’s participation in the Contest or receipt or use of any prize. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, bugs, worms, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the control of CHM which, in the sole opinion of CHM corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, CHM reserves the right in its sole discretion to void suspect entries and/or to cancel, terminate, modify or suspend the Contest and select the Winner from among all eligible entries received prior to such cancellation, termination or suspension. CHM’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Entrants further agree that in any cause of action, CHM’s liability will be limited to the cost of entering and participating in the Contest, and in no event shall CHM be liable for attorneys’ fees and/or experts’ fees and costs. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. If any malfunction, error, disruption or damage occurs which impairs the administration, security, fairness, integrity or proper play of the Contest, CHM may, in its sole discretion, suspend or terminate the Contest. IN NO EVENT WILL CHM BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY ENTRANT’S ENTRY IN THIS CONTEST.
By entering the Contest, the Entrant agrees that CHM has the exclusive right to decide all matters and disputes arising from the Contest. CHM’s determination of the Winner is final and binding. Except where prohibited, Entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorney’s fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and CHM in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without regard for conflicts of law doctrine, and all proceedings shall take place in the Court of Common Pleas of Summit County, Ohio.
