GENERAL LIABILITY: Entrants agree that TI, its subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing, all other companies involved in the development or operation of the Contest, all other companies involved in the provision of any prize, and the directors, officers, employees and agents and contractors of each of the foregoing (individually and collectively, the “Releasees”): (a) shall not be responsible or liable for, and you release Releasees from, any claims, losses, damages or injuries of any kind (including death, to persons, property) resulting, in whole or in part, directly or indirectly, from participation in the Contest or any Contest related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize; (b) to the maximum extent permitted by law, has made no warranty, condition, representation or guarantee, express or implied, in fact or in law, regarding a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose; (c) shall not be liable or responsible for any allegation of a violation of any law, rule or regulation relating to personal information or data security, resulting in whole or in part, directly or indirectly, from the Contest or from using Instagram or Twitter; and (d) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to: (i) by any wrongful, negligent or unauthorized act or omission by any of their agents, servants, employees or independent contractors; (ii) by any wrongful, negligent or unauthorized act or omission by any other person or entity not an employee of TI, or (iii) by any other cause, condition or event beyond the control of TI.
TI assumes no responsibility for computer system, phone line, hardware, software, third party sites, or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network, server, cable, satellite, Internet Service Provider (ISP) or other connections that are human or technical or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in the administration of the Contest, notification and announcement of the prize winners, or in any other Contest related materials. TI is not responsible for incorrect or inaccurate registration information, whether caused by Internet users or by the equipment or programming associated with or utilized in the Contest, by any technical or human errors which may occur in the processing of the Entries in the Contest, or for any technical or human errors which may occur during the administration of the Contest. TI reserves the right at its sole discretion to disqualify any individual it suspects to be tampering with the entry process or the operation of the Contest or entry process, or to be acting in an unsportsmanlike, disruptive, or illegal manner or in violation of these Rules and to void all associated entries. TI also reserves the right at its sole discretion to disqualify any individual it suspects is using any automated entry (e.g., any use of a bot), and any individual suspected or found to be submitting automated entries of any kind, or engaging in any form of cheating or hacking.
TI is not responsible for entries or submissions which are garbled, late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, delayed, damaged, inaccurate, undelivered, destroyed or otherwise not in compliance with these Rules, and all such entries or submissions will be void. If production, technical, seeding, programming or any other factors/reasons cause more than the stated number of prizes in these Rules to be available and/or claimed, TI reserves the right to award the prizes as stated herein via additional random drawings from among all eligible, legitimate, entries, at its sole discretion.
Failure of TI to enforce any provision herein shall not be deemed a waiver of the provision. TI reserves the right to modify these Rules for clarification and/or administration purposes without materially affecting the terms of the Contest.
ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TI RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TI SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT, CONTRACT, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER TI WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED.
TI IS NOT AFFILIATED WITH TWITTER, INSTAGRAM OR ANY OTHER PROVIDER OF PRODUCTS OR SERVICES WHICH MAY BE NECESSARY TO PARTICIPATE IN THIS CONTEST, AND TI IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY SUCH THIRD PARTIES OR THE PERFORMANCE OF ANY PRODUCTS OR SERVICES.
If any part of these Rules is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and these Rules shall continue in effect.