If, for any reason, Summit Marketing & Promotions is unable to conduct this Sweepstakes as planned due to technical failures, such as those caused by a computer virus, hacking, tampering, other unauthorized interference, technical failure, fraud, or any other cause beyond the control of Summit Marketing & Promotions which obstructs or otherwise adversely affects the proper administration, reliability, security, fairness, or integrity of the Sweepstakes, Summit Marketing & Promotions reserves the right, at its sole discretion, to disqualify any entry, and any person found to have interfered or tampered with the Sweepstakes, and if deemed necessary by Summit Marketing & Promotions in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Summit Marketing & Promotions may also, in its sole discretion, award the prize from all eligible, non-suspect entries received as of the date of such action. Summit Marketing & Promotions assumes no responsibility for any failure in transmission, however caused, including any omission, interruption, deletion, defect, communications line failure, theft or destruction of information or unauthorized access to entries, their damage or alteration. Summit Marketing & Promotions is not responsible for its failure to receive any entry due to software failure, technical problems, human error or transmission congestion on the Internet or at any website, or any combination thereof, including any injury or damage to an Entrant’s, or any other person’s, computer relating to or resulting from participation in this Sweepstakes or downloading of any materials in this Sweepstakes. CAUTION: SUMMIT MARKETING & PROMOTIONS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER PENALTIES, OR REMEDIES, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY PERSON(S) ATTEMPTING TO DELIBERATELY INTERFERE WITH THE CONDUCT OF THIS SWEEPSTAKES OR TO DAMAGE THE WEBSITE.
By participating in this Sweepstakes, all Entrants and prizewinners release, discharge, and hold harmless Summit Marketing & Promotions, Instagram, Facebook, and their parents, subsidiaries, divisions, branches, affiliates, assigns and agencies, including, without limitation, their respective officers, directors, shareholders employees, and agents (collectively “Released Parties”) from and against any and all liability or claims for any and all legal claims, injury, loss, illness, litigation or damages arising out of their participation in the Sweepstakes and/or the acceptance, use, misuse, non-use or possession of the prize. Any portion of the prize not accepted by the winner(s) will be forfeited, and the Released Parties are not responsible for any inability of the winner(s) to accept or use the prize(s) (or portion thereof) for any reason. Released Parties are not responsible for: (a) printing or typographic errors in any Sweepstakes or related materials; (b) stolen, lost, late, misdirected, damaged, incomplete, postage due, and/or illegible entries or mail; (c) unauthorized human intervention; (d) technical errors related to computers, providers, telephones, or networks; (e) errors in Sweepstakes administration or entry processing; and (f) injury or damage to persons or property from participation in the Sweepstakes or receipt or use of any prize. ANY CLAIM FOR DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION WILL BE FOREVER BARRED. Entrants and winners agree that any disputes, claims, and causes of action arising out of the Sweepstakes or any prize will be resolved individually, without resort to class action, and exclusively by a court located in Miami, Florida.