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I am ending the contest early and declaring Toledo Rambler the winner!!
A description of your Prize follows this Legal Dislaimer:
. AWARD OF PRIZE: If you are selected as a Potential Winner you will be notified via telephone and/or via e-mail within ten (10) business days of the close of the Sweepstakes Period ("Prize Notification"). To claim your Prize, you must reply to swella within the time period indicated in your notification or Swella may select an alternative potential winner. Before awarding a Prize, Swella may require you to furnish proof of identification and other proof of eligibility under these Official Rules and/or the Fine Print for the Promotion and to execute and return an Affidavit of Eligibility, Publicity Release, and a tax acknowledgment form. You must execute and return all documents within ten (10) business days from the date they are sent to you or your Prize may (in swella's sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, swella is unable to contact you, or in the event that the Prize or Prize Notification is returned undeliverable, you will forfeit the Prize, and Swella may, in its sole discretion, select an alternate winner using the methods described above. Allow at least 8-12 weeks (or in some cases longer, if specified on the Website) for delivery of your Prize, which will be mailed to the address you provided after notification of being a prize winner. The right to receive a Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by swella, which reserves the right to substitute a prize of equal or greater value in its sole discretion. Federal, state and local taxes, if any, are your sole responsibility. All winners of Prizes valued at $600 or more will be issued a IRS Form 1099. In the event that a Prize includes travel, all decisions regarding the itinerary will be made by Swella at its sole discretion. All expenses not specified in the Fine Print including, but not limited to, baggage fees, ground transportation & fuel, meals, beverages, gratuities, incidentals and taxes are the sole responsibility of winner. The winner and any travel companions are solely responsible for satisfying all legally required conditions of travel. Winner and companion must travel on same itinerary and from the same departure location. If the winner lives within a wrote mile radius of the location where the Prize is to take place, Swella reserves the right to provide ground transportation instead of air. Any unused portions of a Prize are not transferable or exchangeable and cannot be redeemed as cash. 8. PRIVACY AND DATA COLLECTION: When you enter a Promotion, Swella will collect certain information from you. Please review Propeller's privacy policy here. By participating in a Promotion, you agree to all of the terms and conditions of this privacy policy of swella.
9. LIMITATION OF LIABILITY: swella and Causes (the "Released Parties") are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Swella and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason an entry is confirmed to have been erroneously deleted, lost, corrupted or otherwise destroyed, or for any other reason not accepted as an entry into a particular Promotion, your sole remedy is to receive another entry into a different Promotion. If, for technical reasons, any particular Promotion is not capable of running as planned, Propeller reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and to credit participants of any cancelled Promotion with one (1) entry in that Promotion.
10. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering a Promotion, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Swella which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of Swella or the Released Parties in connection with the Promotion; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Swella and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) the Promotion, (ii) typographical or printing errors in these Official Rules or any Promotion materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond swella's control, (iv) any interruptions in or postponement, cancellation, or modification of any Promotion, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any Entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by swella any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you.
Disputes: EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT, TO TAKE PLACE IN LOS ANGELES, CALIFORNIA; (2) 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 ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ANY 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 ENTRANT AND PROPELLER IN CONNECTION WITH A PROMOTION, SHALL BE 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 OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA.
11. GENERAL: These Official Rules are subject to and incorporated by reference within swella's Terms of Service. If there is any conflict between the Terms of Service and these Official Rules, the Official Rules take precedence but only in relation to a Promotion. In the event any Promotions are promoted or advertised on Facebook.com, you agree that such Promotions are not sponsored, endorsed or administrated by, or associated with, Facebook® and any information you provide is provided to Propeller and not to Facebook®. Facebook is completely released of all liability by you in connection with any Promotion. Any questions, comments or complaints regarding any Promotion must be directed to the swella and not Facebook. Facebook® is a registered trademark of Facebook, Inc. All rights reserved.
12. WINNERS' LISTS AND OFFICIAL RULES: For a list of prize winners for a particular Promotion and/or a copy of these Official Rules, write your name and address on a 3"x 5" card and mail it in an envelope to: swellafelon, Cook County Correctional Facility, Chi ago IL. Please specify the name of the Promotion and whether your request is for the winners' list or the Official Rules. Requests for a copy of the winners' list for a specific Promotion will only be accepted after the applicable Promotion's Sweepstakes Period and requests must be received no later than thirty days after such date.
PRIZE: A hearty "Well Done" from swellafelon. Nominal Cash Value: .001 cent.
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