Disclaimers and our liability
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF LDRBN, LDR MAGAZINE, THE #LDRFUND, OUR GROUP AND OUR AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (“LDRBN ENTITIES”). THE LAWS OF SOME COUNTRIES DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS DESCRIBED BELOW. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND LDRBN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOSS OF PROFITS, APPLICATION FEES OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SITES OR THE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
- Agreement to Rules:
By participating and/or submitting an application to the #LDRFUND, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of LDRBN as final and binding as it relates to the content. The #LDRFUND is subject to all applicable federal, state and local laws. You understand that submitting an application for the #LDRFUND does not guarantee that an applicant will win the #LDRFUND award.
- Privacy
Personal information (e.g. your name, address, email address, etc.) that you share with us under LDRBN or while applying for the #LDRFUND is subject to our Privacy & Cookies Policy, the terms of which form part of these Terms & Conditions. Please review our Privacy & Cookies Policy to understand our practices as your continued use of our sites indicates that you accept the Privacy & Cookies Policy whether as a visitor to our site or as a member of LDRBN.
You should be aware that any personal information you submit as a contribution to LDRBN or as part of the #LDRFUND application process may become publicly available. We are not responsible for the personal information that you choose to include in such submitted content.
Any information you submit while applying to the #LDRFUND will be treated in accordance with the Privacy Policy. Except where prohibited, participation in the #LDRFUND constitutes your consent to LDRBN’s use of you and your partner’s name, likeness, ldr story, application, and state or location of residence for promotional purposes in any media without further payment or consideration.
- Application Entries
All entries must be received by the end of the Application Period as specified on the application page to be valid. There is a limit of one (1) application, per valid email address, per eligible person, per year. For purposes of the #LDRBNFUND, a “year” begins at 12:00 a.m. ET, January 1st and ends at 11:59 p.m. ET December 31st unless specified otherwise. If multiple applications are received, only the first application will be accepted and additional applications will be disqualified and no refund of the application fee for the disqualified applications will be given. Multiple applicants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) application per year by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the #LDRFUND.
- Disputes:
THE #LDRFUND IS GOVERNED BY THE LAWS OF THE USA AND OHIO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of applying to the #LDRFUND, applicant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the #LDRFUND, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Ohio, USA having jurisdiction. Further, in any such dispute, under no circumstances will applicant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than applicant actual out-of-pocket expenses (i.e. costs associated with applying to the #LDRFUND), and applicant further waives all rights to have damages multiplied or increased.
- Limitations of Liability:
LDRBN and the #LDRFUND (“Sponsor”), LDR Magazine, and other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate application information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All applications and application fees become the property of Sponsor and will not be returned or refunded. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or application in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by law, the winner’s application and acceptance of the #LDRFUND constitutes permission for the Promotion Entities to use said winner’s and partner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more finalists are claimed than the number set forth in the rules, all persons making purportedly valid claims will be included in a random drawing to decide the finalists in the category in question. No more than the advertised fund amount will be awarded.
LIST OF FINALISTS: Names of 5 finalists will be posted on ldrblogs.com and ldrmagazine.com. You may also write to us to obtain the finalists and final winner’s name by e-mailing us at crea@ldrmagazine.com.
