Naqvi Injury Law – General Contest Rules
Except to the extent set forth for any particular contest, sweepstakes, promotion, or giveaway (individually and/or collectively hereinafter, “Contest(s)”), these general contest rules (“General Contest Rules”) will govern and apply to all Contests conducted by Naqvi Injury Law (“NAQVI”). Some Contests will have specific rules developed and customized for them (“Specific Contest Rules”). The General Contest Rules, along with the Specific Contest Rules or material terms and conditions as applicable for any particular Contest, may hereinafter also collectively be referred to as the “Rules”. For questions and additional information about any Contest(s) and/or prize(s), contact NAQVI by phone at 702-487-3729 or by visiting NAQVI’s website at www.naqvilaw.com (the “Website”), clicking the “Contact Us” link, and completing the online form as applicable.
Who Can Enter
- Individuals who are both 18 years of age of older and legal Nevada residents as of the entry date may enter and potentially win Contests (“Entrant(s)”).
- The following individuals are NOT eligible to enter or win Contests, even if such individuals meet the age and residency requirements set forth in Section 1 above:
a. Employee(s) (i.e., full-time, part-time and/or temporary employees), officers, directors, contractors, vendors, and/or suppliers of NAQVI, of any third party prize provider(s), of any advertiser(s) or participating sponsor(s), of any advertising, promotion, and/or prize fulfilment agencies or services, and/or of any of their respective parent entities, subsidiaries, or affiliated companies;
b. Immediate family members of such employees, including without limitation current and/or ex-spouses, parents, grandparents, children, grandchildren, siblings, in-laws, and/or steps in any of the foregoing categories; and
c. Any other individual legally residing in the same household (i.e., at the same address), whether related or not, of such employees, including without limitation roommates, housemates, significant others, and partners.
- NAQVI may elect, in its sole and absolute discretion, to set limitations in the Rules for any one or more Contest(s) as to how frequently an individual and/or any number of individuals from the same family or within the same household may enter a specific Contest and/or any number of Contests within a specified time period; and/or how frequently an Entrant may be eligible to win more than one (1) prize in a specific Contest, more than one (1) of any specific prize, and/or any number of Contests within a specified time period. In the event NAQVI elects to set any such limitation for a Contest, such limitation shall apply to that Contest except to the extent required by law or otherwise indicated by NAQVI.
How to Enter/How to Win
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
- ALL CONTESTS ARE SUBJECT TO AND GOVERNED BY APPLICABLE FEDERAL, STATE AND LOCAL LAWS, STATUTES, AND REGULATIONS. PARTICIPATION IN THIS CONTEST IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
6. For any Contest administered under these General Contest Rules, but only to the extent different from or not already stipulated in these General Contest Rules, NAQVI will specify the following material terms and conditions as applicable: (i) who can enter the Contest; (ii) when to enter the Contest and/or the deadline for Contest entry (“Entry Period”); (iii) how to enter the Contest, which may include, but will not be limited to, one or more of the entry methods described herein; (iv) the time(s), date(s), location(s) (if applicable), and method(s) for selecting or otherwise determining any qualifier(s), semi-finalist(s), finalist(s) (collectively hereinafter “Qualifier(s)”), winner(s) and/or grand prize winner(s) (collectively hereinafter, “Winner(s)”) of the Contest as applicable; and (iv) a description, the approximate value, and the terms, conditions, and restrictions applicable to the redemption, of any qualifying prize(s), prize(s), and/or grand prize(s) to be awarded in the Contest (collectively hereinafter, “Prize(s)”).
- The method(s) for entering a Contest will be the method(s) set forth in the Rules for such Contest, and may involve, but may not be limited to, one or more of the following (“Method(s) of Entry”):
a. Online Method(s) of Entry: Contest entry may be comprised of, in whole or in part, any one or more of the following, without limitation, each of which may be required for Contest entry and/or optional as a means by which Entrants may earn one entry: (1) visiting the Website and completing an online entry form in its entirety; (2) verifying the Entrant’s email address and/or date of birth; (3) opting-in to receive emails, calls, and/or mail from NAQVI; (4) receiving and opening an email containing an entry link and/or other Contest entry instructions; (5) liking a Facebook page; (6) following a Twitter handle; (7) following an account on Instagram, Snapchat, TikTok, or any other social media network now known or hereafter devised; (8) subscribing to an account on YouTube, Spotify, or any other audio or audiovisual content platform now known or hereafter devised; (9) visiting a geographic location; (10) verifying you visited or are present at or within a geographic location or area; (11) watching a video; (12) answering one or more survey question(s); and/or (13) having one or more other individual(s) enter the Contest by means of a unique URL shared by the Entrant on social media, provided that the number of times any such other individual(s) may enter the Contest by means of such unique URL shared by any one or more Entrant(s) may be subject to limitations set by NAQVI in its sole and absolute discretion.
i. NAQVI will decide in its sole and absolute discretion (1) whether or not to allow Entrants to earn one or more “extra” or “bonus” entries (“Bonus Entries”) for any particular Contest, and when applicable, (2) the number and/or maximum of such Bonus Entries any one Entrant may earn for any one or all means by which to earn such Bonus Entries as described above.
ii. For any Contest that requires Entrants to opt in to receive emails from NAQVI, such individuals may also receive marketing or promotional emails from NAQVI.
iii. For any Contest that requires Entrant to make (or “Tweet”) a post on a specified social media network that includes both a designated hashtag and mention of NAQVI’s account on such social media network, a post with any incomplete or incorrect hashtag and/or mention of NAQVI’s account, or a post with any other hashtag and/or the mention of any other account, does not constitute a valid entry.
- On-Site Method(s) of Entry: Contest entry may be comprised of, in whole or in part, visiting a designated event and/or geographic location as specified by NAQVI, obtaining an official entry form (available while supplies last), and legibly completing the entry form electronically or by hand writing all required information, which may include without limitation, your first name and last name, complete address, city, state, zip code, phone number (including area code), email address, and/or age. Failure to provide all required information may result in disqualification.
i. Entries must be received in the designated receptacle by the announced deadline.
ii. Only official entry forms that are handwritten and legible will be eligible.
iii. Official Contest entry forms are only available at the location of the official entry box, while supplies last.
8. With respect to certain Contests and Methods of Entry, as applicable:
a. The entry process for some Contests may require for Entrants to login to, or to create, a free account with a third party social media network, including, without limitation, Facebook, Twitter, Instagram, Snapchat, TikTok, LinkedIn, and/or any other third party social media network now known or hereafter devised (“Social Media Network(s)”).
i. Such Social Media Network site operators are not sponsors, endorsers, and/or administrators of Contests, and are not affiliated with NAQVI or its Contests in any way. NAQVI cannot control certain factors relating to such Social Media Networks, including, without limitation, errors, cancellation of user accounts, and/or any technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in a particular Contest.
ii. NAQVI reserves the right, at any time and for any reason or for no reason, to disassociate any person from its Social Media Network page/following by any means then technically available to it (e.g., “blocking” a “fan” from liking NAQVI’s Facebook page, etc.).
iii. Employees of Social Media Network and its affiliates, their respective parents, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each are not eligible to win in this Contest.
b. For any Contest requiring that Entrants and/or Qualifiers be present at a NAQVI event in order to continue participation in a Contest, Entrants hereby agree to strictly follow all instructions and directions given by NAQVI staff at the event and understand that any failure to comply with NAQVI’s instruction, process, procedures or Contest Rules at the event may result in immediate disqualification in NAQVI’s sole and absolute discretion. If check-in or registration at the event is required by NAQVI, you must check in, or in some cases be in line to check in, by a certain announced time. Eligibility to participate in the Contest event may require that at check-in each timely arrived participant complete, sign one or more liability release agreement(s), provide his/her social security number, provide evidence of a valid government issued photo identification (i.e., driver’s license, passport, or military ID), and/or other specific requirements announced. Failure to do any of the foregoing at check-in if required will result in automatic disqualification. In the event that any Contest associated event or any Grand Prize Event needs to be rescheduled for any reason, such postponement will be announced on NAQVI’s Website, and/or by means of NAQVI’s account on Social Media Networks. It is the sole responsibility of each Entrant/Qualifier to check the Website and/or check NAQVI’s accounts on Social Media Networks for cancellation and/or rescheduling information. Notwithstanding the foregoing, NAQVI may, but is not obligated to, send a written, electronic, or telephonic notice directly to Entrants/Qualifiers regarding any necessary rescheduling of any event or Grand Prize Event with the rescheduled date/time; provided, however, in no event will NAQVI or its sponsors have any liability or responsibility for any Entrant’s/Qualifier’s failure to receive the message, if any, for any reason. In no event will NAQVI have any liability or responsibility for any cancellation and/or rescheduling information, including the accuracy thereof, posted by any individual or entity other than NAQVI. In no event will NAQVI or its sponsors have any liability or responsibility for any potential Entrant’s, Entrant’s or Qualifier’s inability to attend any event on the rescheduled date (and no alternative opportunities will be offered).
- Depending upon the type of Contest, the means of entry, and the entry information provided/required, NAQVI may notify potential Qualifier(s) and/or Winner(s) of such by phone, by email, by text message, by direct message or public post on social media network, by mail, and/or in person, as applicable. Notification is deemed to have occurred immediately at the time NAQVI calls, transmits, texts, messages, mails, or otherwise communicates such notification. NAQVI will only be required to leave one voicemail message, send one email, send one text message, send one direct message on social media, make one public posting on social media, and/or send one (1) letter. NAQVI reserves the right, but not the obligation, to attempt to contact any Entrant(s), Qualifier(s), and/or Winner(s) more than once, in its sole and absolute discretion, and will not be required to attempt to contact Entrant(s), Qualifier(s), and/or Winner(s) an equal number of times or in the same manner. NAQVI is not responsible for any change of email address, mailing address, and/or telephone number of Entrant(s), Qualifier(s), and/or Winner(s). NAQVI is not responsible and shall not be liable for late, misdirected or unsuccessful efforts to notify any Entrant(s), Qualifier(s), and/or Winner(s), and in the case of minors, for late, misdirected, or unsuccessful efforts of the Entrant to provide signed parental or guardian consent. If a Qualifier(s), and/or Winner(s) is unable to be notified for any reason for any amount of time, the applicable Prize may be forfeited and awarded to an alternate winner. If a Qualifier(s), and/or Winner(s) does not claim the Prize within the appropriate time given upon, the Entrant will automatically be disqualified and their Prize will be forfeited.
- In the event multiple users of the same mobile phone, email, website, app, or social media account, as applicable, enter the Contest and a dispute thereafter arises regarding the identity of the Entrant, the Authorized Account Holder at the time of entry will be considered the Entrant. For purposes of the Rules, “Authorized Account Holder” is defined as the one (1) natural person who: (i) in the case of a mobile phone or email account, is assigned the mobile phone number or email account by an Internet access provider, online service provider, telephone service provider or other organization which is responsible for assigning phone numbers or email addresses; or (ii) in the case of website, app, or social media accounts, can demonstrate control over the means of such account by logging into such website, app, or social media account with the correct user name and password.
- Failure to comply with the Rules, along with any other terms and conditions applicable to Contest entry, including without limitation submitting an incomplete or fraudulent entry, and/or failing to complete the entry process, will result in such Entry being disqualified from such Contest. Proof of a person’s submission of an entry shall not be deemed proof of receipt of such entry by NAQVI. When applicable, NAQVI’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. Any individual(s) that is found to be, or suspected of, tampering with a Contest in any way, including without limitation by making a fraudulent entry, by engaging in any “deal-making” with or between other Contest participants or third parties, by creating a public hazard, by cheating, by engaging in improper or illegal activity, by causing interference with or the destruction of property and/or utilized public safety resources will be disqualified from participating and/or winning any Prize(s), as applicable, and may be banned from any future participation in any Contest as determined by NAQVI in its sole and absolute discretion and on a case-by-case basis.
- NAQVI WILL BE THE SOLE ARBITER IN ALL MATTERS RELATING TO THE CONTEST, INCLUDING WITHOUT LIMITATION, ENTRANT ELIGIBILITY, THE VALIDITY OF CONTEST ENTRIES, AND THE INTERPRETATION OF CONTEST RULES. ALL DECISIONS BY NAQVI WILL BE FINAL AND MAY NOT BE APPEALED. ENTRY INTO CONTESTS CONSTITUTES AGREEMENT BY ENTRANTS TO ABIDE BY THESE RULES, AS WELL AS ANY OTHER RULES ESTABLISHED BY NAQVI.
16. The actual Prize(s), and value of any such Prize(s), will vary for each Contest. No more than the maximum number of Prizes set forth in the Rules for such Contest will be awarded. Prize terms, conditions, restrictions, and availability are subject to change. Prize(s) will be released to the Contest Winner(s) only, and will only be awarded if properly claimed according to these General Contest Rules. For each and any Contest, NAQVI may elect, in its sole and absolute discretion, to mail the Prize(s) to the Winner(s), to have a third party mail the Prize(s) to the Winners or arrange delivery of the Prize(s) to the Winner(s), to require for the Winner(s) to pick the Prizes(s) up at NAQVI’s office(s) during normal business hours, and/or require for the Winner(s) to pick the Prize(s) up at a third party designated location. Notwithstanding the foregoing or any provision of the Rules to the contrary, NAQVI will not under any circumstances whatsoever be responsible for the delayed or failed delivery of any Prize(s) mailed to Winner(s)
- Winners are solely responsible for any and all costs and expenses related to a Prize, the acceptance of a Prize, and/or the use of a Prize in any manner not specified in either the Rules or the terms, conditions, or restrictions applicable to such Prize. Winners are responsible for paying all applicable local, county, state and federal taxes on Prizes based on the estimated retail value of the Prize, as set forth in the Contest Rules, and may be issued an IRS Form-1099 for all Prizes won from NAQVI in any calendar year where the aggregate value of all such Prizes is $600 or more.
- NAQVI is not the supplier or guarantor of any Prize, unless otherwise specified. Prizes may be fulfilled by a third-party fulfillment sponsor. ALL PRIZES ARE AWARDED “AS IS” AND NAQVI DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
- Notwithstanding anything to the contrary herein, published online, or otherwise communicated to a potential Winner, no potential Winner of any Contest will be entitled to receive any Prize until NAQVI has verified such potential Winner’s Contest eligibility and compliance with the Contest Rules and until such potential Winner has completed and submitted all documents required by NAQVI. In order to receive any Prize, Winner(s) may be required to (i) present a valid photo identification issued by a commonwealth, state, or territory of the United States or by the United States federal government; (ii) complete and submit an IRS Form W-9 in its entirety, including with the Winner(s) valid United States taxpayer identification number or social security number; and/or (iii) provide or complete and sign any other documents required by NAQVI, including without limitation, one or more liability release agreements relieving NAQVI, its parent and affiliates and their respective officers, directors, members, managers, employees, agents, Contest sponsors and others from any and all liability with respect to the Entrant’s participation in the Contest and the receipt and/or use of the Prize. Any person who refuses to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by NAQVI by the deadline required by NAQVI will forfeit any and all Prizes. NAQVI reserves the right to examine identification and may reasonably choose to accept or deny awarding the Prize based on the identification presented.
- Except by NAQVI, which reserves the right to substitute a Prize, in whole or in part, with another Prize or Prize portion of greater or equal value. Except where required by law, Prize(s) may not be redeemed for cash, substituted, transferred or assigned, except as may be determined by NAQVI in its sole and absolute discretion on a case-by-case basis. Winners are prohibited from selling any Prize awarded or transferring any Prize without NAQVI’s authorization, which authorization must be in writing by a NAQVI representative and will be granted or withheld in NAQVI’s sole and absolute discretion on a case by case basis. In the event NAQVI discovers or suspects (correctly or incorrectly) that a Winner is attempting to sell his/her Prize from NAQVI (e.g., on eBay, Craigslist, StubHub, or otherwise), NAQVI reserves the right, in its sole and absolute discretion, on a case by case basis, to take any one or more actions, including without limitation: (a) immediately disqualify the Winner and deem any Prize they were otherwise entitled to as forfeited; (b) refuse to award the Prize to such Winner, even if he/she represents that they will not resell or transfer the Prize; and/or (c) prohibit the violating Winner from participating and/or winning any future Contests, whether for a fixed period of time or in perpetuity, in NAQVI’s sole and absolute discretion, and if such Winner ever wins a future Contest during the period that he/she is banned, he/she will be disqualified from the Contest and forfeit any Prize once it has come to NAQVI’s attention. Further, NAQVI reserves the right to track, deactivate, render void, and/or cancel and invalidate any Prize awarded that NAQVI suspects was sold or transferred without authorization.
- In the event that any Entrant(s), Qualifier(s), and/or Winner(s), as applicable, is disqualified from a Contest for any reason permitted by the applicable Contest Rules at any point in time (before or after a Winner is determined), NAQVI and/or sponsor(s) may, but will NOT be obligated to, notify any such individual(s) of such disqualification or forfeiture. NAQVI may, but will NOT be obligated to select an alternative Qualifier, and/or Winner, as applicable. Prizes not claimed within thirty (30) business days of being advised by NAQVI that the Prize is available for pick-up, or such shorter period of time if so stated in the Rules for a Contest, or in the case of a time sensitive Prize within its period of usability if shorter than thirty (30) business days, will be considered forfeited without notice to the Winner(s). Regardless of the reason, all forfeited Prizes become the sole property of NAQVI and may be reallocated to another Contest and/or awarded to another Winner, or discarded in NAQVI’s sole and absolute discretion.
- Unless otherwise specified, the following terms, conditions, and/or restrictions may apply generally to Prizes awarded in Contests:
a. Any Prize that consists of an opportunity to meet with, participate in an activity with, interview or have similar interaction with any celebrity (other than employees of NAQVI) is contingent upon the celebrity appearing for such activity/event, which is beyond NAQVI’s control. NAQVI is not responsible if a Winner and/or his/her guests are unable to meet such celebrity or participate in the associated activity if the celebrity determines this is not allowable for any reason or fails to appear/participate for any reason, including without limitation any illness, act of God, scheduling conflict or any other reason. In such event, NAQVI is not responsible for such portion of the Prize, which has no monetary value, and no alternate Prize will be awarded and the event/activity will not be rescheduled. In the event that NAQVI elects, in its sole and absolute discretion, to attempt to reschedule any such event/activity or offer an alternate Prize, NAQVI will have no obligation whatsoever to offer any other alternate Prize if such attempt to reschedule or other offer is not accepted by or utilized by Winner for any reason whatsoever.
c. Any Prize that is awarded in the form of a gift certificate or gift card, the use and/or redemption of such certificate or card may be subject to additional terms and restrictions, including without limitation expiration date, specific locations at which such certificate or card may be redeemed, may be based on availability and may include black-out periods, restrictions or excluded items (i.e., tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.
d. Any Prize involving the award of cash will be fulfilled in the form of a company check payable to the verified Winner only and made available approximately six (6) to eight (8) weeks from the date upon which the Winner completes and submits all documents required by NAQVI.
e. NAQVI and sponsors are not responsible for replacing or reimbursing Winners with any form of compensation for events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of NAQVI and its sponsors. This includes, but is not limited to, event cancellations, as well as all delays or cancellations due to acts of nature, terrorism (including threats), war, illness, or any pandemic or epidemic constituting a public health emergency that are subject to government mandated quarantines, travel restrictions, or stay-at-home orders. Additionally, NAQVI is not responsible for any work stoppage, bankruptcy or other condition beyond NAQVI’s control that may affect NAQVI’s ability to provide any of the Prizes. NAQVI is not responsible for any expenses incurred by Contest Winners as a result of such cancellations, delays or other circumstances beyond NAQVI’s control.
f. In all instances in which Winner has the right to select specific products, the choice or products offered may be limited or certain specific products or manufacturers may be excluded, may be subject to availability, and Winner will receive additional information on such restrictions and limitations after they have been awarded the Prize.
Other Rules that May Apply to Contests
23. Odds of winning any Contest depend upon the how the Contest is conducted. For random drawings, the odds of winning will depend upon the number of entries received. For Contests in which Qualifiers are selected for a random drawing to determine Winner, odds will depend on the total number of Qualifiers. For Contests of skill that do not involve any element of chance, odds of winning are not applicable. All tie breaking procedures will be set forth in the Rules, but may also be published on NAQVI’s Website and/or communicated directly to such tied Contest Entrants.
- In addition to the Contest Rules Page, NAQVI and/or its sponsors may provide the Rules for a Contest on a website, in blog or social media post(s), by text, instant, or direct message(s), and/or on-site/point-of-purchase poster(s), display(s), material(s) or handout(s); provided, however, in no event will NAQVI be responsible for the failure of any third party sponsor or location to make the Rules available.
- NAQVI may or may not respond to inquiries by Entrants or potential Entrants regarding the status of their entry and/or to questions about a Contest, regardless of the means by which such inquiry is made, and NAQVI is not obligated to respond to, or to treat, all such inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact NAQVIs’ desire or ability to respond to such inquiries from time to time. Notwithstanding anything that may be communicated by any NAQVI employee in connection with any such inquiry, the sole determining source for information related to a particular Contest will be the Rules for such particular Contest, and any information communicated by NAQVI employee(s) will neither be binding on NAQVI nor be deemed to be providing any type of improper assistance or advantage to any particular Entrant over another. Any attempt by NAQVI to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.
- All entries and Entry Content become the property of NAQVI and will not be acknowledged or returned. Participation in a Contest and/or acceptance of Prize(s) constitutes consent by Entrant and/or Winner’s (and by Winner’s guest(s) if applicable) for NAQVI or its agents (i) to interview the Entrant and/or Winner(s) (and Winner’s guest(s), if applicable), (ii) to photograph, film, and record (audio and/or video) Entrant and/or Winner(s) (and Winner’s guest(s), if applicable), and (iii) to use in commerce and in any medium now or hereafter known throughout the world in perpetuity and without payment of any compensation or additional consideration: his/her name, hometown (city and state), biographic information, likeness, photograph, audio or video recording, Entry Content, Prize information (if any), and/or any statements made by him/her regarding NAQVI, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law. Without limiting the generality of the foregoing, Entrants acknowledge and agree that by submitting Entry Content as party of Contest entry, such Entry Content will be deemed a “Work Made For Hire” under the Copyright laws of the United States, but if it cannot be so deemed, then the Winner irrevocably assigns and transfers to NAQVI all of his/her right, title and interest in and to his/her Entry Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of NAQVI, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Winner may now or later have to their Entry Content. NAQVI reserves the right to alter, change or modify the winning Entry Content, in its sole and absolute discretion. Upon request of NAQVI, Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by NAQVI, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should NAQVI fail to request the said assignment as stated that shall not be deemed a waiver of NAQVI’s rights and NAQVI may at a later time request the assignment.
- Participation in a Contest and/or acceptance of Prize(s) constitutes agreement by Entrant and/or Winner (and by Winner’s guest(s) if applicable) to release, forever discharge, indemnify, and hold harmless NAQVI, its affiliates, parents, assigns, successors, employees, participating sponsors, agents and all others connected with them and the promotion, Contest, and/or event (the “Released Parties”) from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, Contest, and/or event and the receipt and use of any Prize(s) awarded (if any) through such promotion, Contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by NAQVI, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, Contest, and/or event.
- The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of a Contest or in the announcement of a Prize; (ii) incorrect or inaccurate information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to Entrant(s) and/or Winner(s) (and Winner’s guest(s) if applicable) including any results thereof such as changes in services or location necessitated by same.
- NAQVI reserves the right to modify, suspend, cancel, and/or terminate any Contest and/or Prize(s) without prior notice if such Contest cannot be executed and/or such Prize(s) cannot be fulfilled as advertised, either in whole or in part, and/or if the conduct of such Contest and/or fulfillment of such Prize(s) becomes impracticable or impossible as the result of any other factor beyond the Released Parties’ control, including, without limitation, (i) any strike, insurrection, flood, fire, riot, act of God, war, emergency, terroristic threat (including general threats) or activity, and/or any pandemic or epidemic constituting a public health emergency that are subject to government mandated quarantines, travel restrictions, or stay-at-home orders; and/or (ii) any infection by computer virus, tampering, unauthorized intervention, fraud, technical failures that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest or that causes the Contest to become compromised or corrupted in any way, electronically or otherwise. The Released Parties will not responsible and/or liable in any way for any such modification, suspension, cancellation, and/or termination. If the Contest is cancelled or terminated before the original end date, NAQVI reserves the right, in its sole and absolute discretion to, to modify the procedure for selecting Winners, unless the nature of the event giving rise to such termination renders it impossible to select Winner(s).
- Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the laws of the Commonwealth or State in which NAQVI’s office is located consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor NAQVI shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within ninety days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
- ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES, AND LOGOS APPEARING IN ANY RULES AND/OR ANY CONTEST ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.