By entering this Sweepstakes and/or accepting any prize, entrant agrees: (1) to release, discharge and hold harmless NOXX, and its respective parent, subsidiaries, limited liability and affiliated companies, advertising and promotion agencies, and each of their respective shareholders, officers, directors, employees, members, agents and assigns, (collectively, the “Released Parties”) from liability of any kind or nature for any loss, claims, damages, or injuries of any kind resulting in whole or in part, directly or indirectly from entrant’s participation in this Sweepstakes or from the acceptance and use/misuse of any prize; and (2) to abide by, and be bound by these Official Rules and the decisions of the NOXX relating to participation in this Sweepstakes, selection of winners and awarding of prizes, which shall be final. Acceptance of any prize constitutes permission for NOXX to use winner’s name, biographical information, city and state of residence, voice, photograph, image and/or likeness for advertising, promotional and other purposes in any and all media now known or hereafter devised, worldwide, in perpetuity, without further compensation, notification or permission from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so, unless prohibited by law. Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of this Sweepstakes, the processing of entries, the announcement of the prize[s], or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in this Sweepstakes. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of this Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by NOXX, will be disqualified and all associated entries will be void. Should any portion of this Sweepstakes be, in NOXX’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the NOXX, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should this Sweepstakes be unable to run as planned for any other reason, NOXX reserves the right at its sole discretion to suspend, modify or terminate this Sweepstakes and, if terminated, at its discretion, select the potential winner[s] in a random drawing from among all eligible, non- suspect entries received prior to action taken. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NOXX RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. In the event of a dispute regarding entries received from multiple users having the same account, the authorized subscriber of the account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. “Authorized account subscriber of the account” is the natural person who is assigned the address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning addresses.
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