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 Sweepstakes; 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 mechanically reproduced, defective, altered, forged, or submitted through or outside authorized channels, made through robotic, macro, automatic, mechanical, facsimile, programmed, or any similar entry duplication method, 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, whether caused by users of the CHM Website or by any of the equipment, computer hardware or software or any other technical operation or programming associated with or utilized in the Sweepstakes, and CHM assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission at its Website, 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 Website, 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 the CHM Website 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 from entrant's access to the CHM Website, or entry into the Sweepstakes; (d) printing or other errors appearing in these Official Rules or other Sweepstakes 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 Sweepstakes or receipt or use of any prize. If, for any reason, the Sweepstakes 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 corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, CHM reserves the right in its sole discretion to void suspect entries and/or to cancel, terminate, modify or suspend the Sweepstakes 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 Sweepstakes, and in no event shall CHM be liable for attorneys' fees and/or experts' fees and expenses. 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 Sweepstakes, CHM may, in its sole discretion, suspend or terminate the Sweepstakes.
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 ACCESS TO AND USE OF CHM'S WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES.
In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of registration will be deemed to be the entrant and must comply with these rules. The authorized account subscriber is deemed to be the natural person assigned an email address by an Internet access provider, online service provider, or other organization, which is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide CHM with proof that the potential winner is the authorized account holder of the email address associated with the potentially winning entry.
By entering the Sweepstakes, all entrants agree that CHM has the exclusive right to decide all matters and disputes arising from the Sweepstakes. 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 Sweepstakes, 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 Sweepstakes 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 entrant and CHM in connection with the Sweepstakes, 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.