Terms Of Service

Terms and Conditions of Use

These Terms of Service define the rights, obligations and restrictions regarding your intentional or accidental use (“Use”) of the services (the “Services”) from WEATHERNATION TV, INC. (“WNTV”). By submitting a photo and/or video to WEATHERNATION, by tagging WEATHERNATION on social media with photos/videos, or posting to WEATHERNATION social media pages with photos/videos or when you click the “I agree” button within WEATHERNATION applications, or Use any of the Services, you contractually agree to be bound by these Terms of Service as well as all applicable laws, including without limitation, the Electronic Signatures in Global and National Commerce Act. In order to Use some Services, you may be required to download other software or content and/or agree to additional terms and conditions, including without limitation, those provided by third parties. Unless otherwise expressly stated, any additional terms and conditions are hereby incorporated into these Terms of Service.

You must read these Terms of Service carefully and you should save or print them for future reference. If you do not agree with everything contained herein, you should not click “I agree” and you must leave Weathernationtv.com immediately. If after you have clicked “I Agree”, you decide that you no longer agree to the Terms of Service, you must notify us of the same by e-mail at legal@weathernationtv.com and immediately discontinue your Use of Weathernationtv.com. WNTV reserves the absolute right to modify these Terms of Service at any time, without notice so you should review them from time to time in order to be aware of any changes that may affect you and/or your Use of the Services. Modified Terms of Service will be designated by an updated version date at the bottom of this page. WNTV also reserves the right to add, modify, or cancel any Service for any reason or no reason, at any time, without notice and without liability. Should you have questions regarding anything contained in these Terms of Service, please send an e-mail to us at legal@weathernationtv.com

1. General

The Services include all means by which WNTV provides content to you or receives content from you, including, without limitation, WNTV’s websites, downloadable software applications, delivery of WNTV content to you at your request, mobile web sites, mobile downloadable applications, services that allow you to submit content to WNTV, chat rooms, and message boards. The Services are owned and operated by WNTV. WNTV has the right at any time to change or discontinue any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.

2. Restrictions on Use

a. You shall Use the Services for lawful purposes only.

b. No Services or content may be downloaded, copied, modified, reproduced, distributed, transmitted, broadcast, displayed, linked, framed, sold, licensed or otherwise exploited for any other purposes what so ever without prior written consent of WNTV.

c. Collecting usernames, email addresses and personal information of others by electronic or other means for the purpose of sending unsolicited letters, emails or other communications for any purpose without such person’s prior explicit consent is strictly prohibited.

d. Commercial advertisements, affiliate links and other forms of solicitation may be removed from personal profiles, videos, messages and comments without notice and may result in you being permanently banned from Weathernationtv.com In order to protect Weathernationtv.com users from such advertising or solicitation, WNTV reserves the right to restrict the number of e-mails or messages you may send to other users or post in any 24- hour period to a number which WNTV deems appropriate in its sole discretion. If you send unsolicited communications in violation of this paragraph, you acknowledge that you will have caused substantial harm to WNTV, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay WNTV $50 for each such unsolicited email or other unsolicited communication you send to Weathernationtv.com users.

e. Except for user content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display, trade, share or sell any content appearing on Weathernationtv.com You acknowledge and agree that all content on Weathernationtv.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks, copyrights and logos associated with such Services (with the exception of user content), is protected under federal, state and international trademark and copyright laws and/or statutory and common laws and that all times the ownership in such trademarks and copyrights shall remain the sole property of WNTV, its affiliates, their licensors, or other parties, as applicable.

f. Any conduct by you that in WNTV’s discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.

3. User Content

a. By tagging WEATHERNATION on social media with photos/videos, posting to WEATHERNATION social media pages with photos/videos, or submitting your videos and photos through any WEATHERNATION platform, you are hereby bound by WEATHERNATION Terms of Service as well as all applicable laws, including without limitation, the Electronic Signatures in Global and National Commerce Act.

b. You shall not post or transmit through the Services any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.

c. You shall not e-mail, upload, post or otherwise make available on the Services any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

d. Subject to WNTV’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of WNTV throughout the universe. By submitting material to WNTV, you automatically grant, or warrant that the owner of such material has expressly granted WNTV the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sublicense and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by WNTV and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that WNTV shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. You grant WNTV the right to edit, copy, display, publish and distribute any materials made available on the Services by you.

e. The foregoing provisions of Section 3 are for the benefit of WNTV, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Services and all charges related thereto. WNTV assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, Use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

5. No Warranty

WEATHERNATIONTV.COM AND ALL GOODS, SERVICES AND CONTENT APPEARING OR AVAILABLE ON WEATHERNATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF WEATHERNATIONTV.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WNTV AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM IN CONNECTION WITH WEATHERNATIONTV.COM AND YOUR USE THEREOF. WNTV DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF WEATHERNATIONTV.COM OR THE SERVICES OFFERED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.
WNTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GOODS, SERVICES OR CONTENT ON WEATHERNATIONTV.COM OR THE GOODS, SERVICES OR CONTENT OF ANY SITES LINKED TO WEATHERNATIONTV.COM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEATHERNATIONTV.COM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WNTV’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEATHERNATIONTV.COM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WEATHERNATIONTV.COM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY GOODS, SERVICE OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEATHERNATIONTV.COM.

WNTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH WEATHERNATIONTV.COM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WNTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF GOODS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL WNTV OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON WNTV, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WNTV, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURED SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WNTV, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH WNTV BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WNTV, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WNTV SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7. Limited Monitoring

WNTV cannot publish all material submitted to the Service and has no obligation to post any material. WNTV does not have an obligation to review posted material on the Services, and WNTV cannot assure that the material will either be appropriate or appropriately expressed. Without limiting the foregoing, WNTV shall have the right to remove any material that WNTV, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification

You agree to defend, indemnify and hold harmless WNTV and its suppliers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) these Terms of Service.

9. Third Party Content

WNTV is not a publisher of content supplied by third parties and users of the Services. Accordingly, WNTV has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of WNTV. I n many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. WNTV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized WNTV employee spokespersons while acting in their official capacities.

10. Changed Terms

WNTV has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

11. Third Party Links

Weathernationtv.com may contain links to third party websites that offer goods and/or services that are unrelated to WNTV. WNTV does not endorse or support such websites and has no control and assumes no responsibility for the goods and services, privacy policies, or practices of such websites. You expressly release WNTV from any and all liability arising from your use of any third-party website. You should be aware of when you leave Weathernationtv.com and read the terms and conditions and privacy policy of the websites you visit.

12. Responding To Do Not Track Signals

We may partner with third-party service providers to serve ads regarding goods or services that may be of interest to you when you access and use the Site and third party-platform. Some of the ads on this Site or on third party platform may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer’s browsing activity on both the Site and third-party platform. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).

The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how to opt-out from ads served by some or all participating companies.

These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests.

13. Governing Law

These Terms of Service shall be construed in accordance with the laws of the State of Colorado without regard to its conflicts of law principles.

14. Jurisdiction; Venue

All disputes under these Terms of Service shall be resolved by the State Courts of Denver County in the State of Colorado or in the United States District Court for the District of Colorado, and each party consents to the exclusive jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it.

15. Miscellaneous

These Terms of Service and the privacy policy constitute the entire agreement between you and WNTV regarding the use of the Services. The failure of WNTV to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operates to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

 

We Care Giveaway

WeatherNation TV, Inc ‘We Care’ (“Promotion”) will begin at 9:00 a.m. Mountain Time (“MT”) on (July 6, 2018) and end at 11:59 p.m. Mountain Time (“MT”) on (August 31, 2018) (“Promotion Period”). Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules, and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. The Promotion is sponsored and administered by WeatherNation TV Inc., 13276 E Fremont, Centennial, CO 80112 (“Sponsor”). Sponsor is responsible for all aspects of this Promotion. Eligibility: Promotion open only to individuals who are legal U.S. residents, and 18 years of age or older as of (July 6, 2018). Employees, officers and representatives of Sponsor and any of its affiliates, franchisees, licensees, subsidiaries, advertising/promotion agencies (collectively, “Released Parties”) and members of the immediate family (mother, father, sisters, brothers, daughters, sons and spouse, regardless of where they reside) and/or those living in the same household each or any of the foregoing are not eligible to participate. Receiving a prize is contingent upon fulfilling all guidelines, restrictions, and requirements set forth herein. Void where prohibited or restricted. How to Enter: Use email to send a message to ‘WeCare@weathernationtv.com’ containing: (i) ‘We Care Giveaway’)). All email will be pooled and will automatically be entered into the Promotion. Normal Internet access and usage charges imposed by your online service will apply. You understand that by participation in this Promotion via email, if you are a potential recipient, the Sponsor may contact you via email, which will be subject to the charges pursuant to your carrier’s rate plan. It is your sole responsibility to notify the Sponsor in writing if you change your email. Limit one (1) entry per person regardless of e-mail address, and/or mailing address, during the Promotion Period. Responses will not be judged or scored. Recipient will be determined based on random selection. All submitted responses must be received by 11:59:00 p.m. MT on (August 31, 2018). All responses become the property of the Sponsor and will not be acknowledged or returned. Sponsor reserves the right, in its sole discretion, to void any and all responses of an entrant who submits more than the stated maximum limit of responses by using multiple/different e-mail addresses, identities, registrations and logins, or any other methods, or who Sponsor believes has attempted to tamper with, influence or impair the administration, security, fairness, or proper play of this Promotion. Sponsor may reject any submitted entry that it determines, in its sole and absolute discretion, fails to meet any of the eligibility or other requirements, Submission Guidelines or Content Restrictions contained herein. Sponsor is not responsible for lost, late, incorrect, incomplete, invalid, unintelligible or misdirected responses, which will be disqualified. Proof of sending or submission will not be deemed proof of receipt by Sponsor. Use of any automated system to submit responses is prohibited and will result in disqualification of all such responses as well as the entrant. By participating in this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Promotion. By entering this Promotion, entrants agree that each entry becomes the property of Sponsor and that the Sponsor may use such entry for any proper purpose. Any personally identifiable information collected during an entrant’s participation in this Promotion will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Promotion as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at https://www.weathernationtv.com/privacy. Internet Limitations of Liability: Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the Promotion, or any part of it, at any time, without notice, and to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice and award prizes by a random drawing from all non-suspect eligible responses received as of the termination/suspension date, if any infection, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Sponsor’s control, affects the integrity or proper conduct of the Promotion. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process or the operation of the Promotion or is determined to be acting in violation of these Official Rules or in a disruptive manner. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, responses. Sponsor is not responsible for lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, or misdirected responses; theft, destruction or unauthorized access to, or alteration of, responses; failures or malfunctions of phones, phone lines or telephone or data transmission systems; interrupted or unavailable network, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or any technical problem, including but not limited to any injury or damage to any person’s computer related to or resulting from Promotion participation; typographical, printing or other errors or omissions in these Official Rules, in any Promotion related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, in the processing of responses, in the selection or announcement of recipients or in the awarding of prizes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any damage to an entrant’s system, which is occasioned by participating in this Promotion or by downloading any information necessary to participate in the promotion. Sponsor also is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in the processing of the responses in the Promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the Facebook account. Potential recipient may be required to show proof of being the authorized account holder. Described as announced. At least X individual prizes will be awarded. Total Estimated Retail Value (ERV): WeatherNation (Roku Player valued at upwards of $100 and Midland Weather Radio valued upwards of $50). Recipients: may be announced on air and posted on our Facebook page as well at www.Facebook.com/WeatherNation Recipients will be selected from a pool of eligible individuals who enter email with all other provisions of these Official Rules during the Promotion Period. Odds of receiving will depend on the number of responses received during the Promotion Period. Within thirty business days after the end of the Promotion Period, all recipients will be notified by email, Facebook post, telephone and/or USPS mail, or other delivery service of Sponsor’s choice. Prize Conditions: All taxes, if applicable, are the sole responsibility of the recipient. Upon initial notification and verification of a recipient, confirmation will be sent to recipient(s) as noted above. Prize recipients may be required to sign an Affidavit of Eligibility and Liability/Publicity Release and return the Affidavit within fourteen (14) days after the announcement of the recipient. If a prize or prize notification is returned as unclaimed or undeliverable to a potential recipient, if potential recipient cannot be reached within three (3) calendar days from the first notification attempt, if potential recipient fails to return requisite documents within the specified time period, or if a potential recipient is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate recipient may be selected by random drawing from a pool of all eligible responses. The potential recipient is subject to verification before any prize will be awarded. Prizes are not exchangeable, transferable, or redeemable for cash. There are no substitutions unless specified by the Sponsor. The Sponsor reserves the right, in its sole discretion, to substitute any prize package with another prize of equal or greater value. Other Terms & Conditions: The Promotion is subject to all applicable federal, state, and local laws. By participating in the Promotion, entrants agree to be bound by these Official Rules and agree that: 1) Sponsor and its designees and assigns shall have the right and permission to use (unless prohibited by law) the recipient’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without further notice, permission or compensation; 2) Sponsor and its designees and assigns and all of their respective officers, directors, employees, representatives and agents (“Released Parties”) shall have no liability and entrant will indemnify, defend and hold Released Parties harmless from any liability, loss, injury, or damage to entrant themselves or any other person or entity, including personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including any prize activity or travel related thereto) or participation in this Promotion; and (3) Released Parties are not responsible for typographical or other errors in the offer or administration of any Promotion, including but not limited to errors in the advertising, Official Rules and selection and announcement of the recipient. Entrants further acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to disqualify any entry and to modify, terminate or suspend this Promotion should a virus, bugs, non-authorized human intervention, action of entrants, or other causes beyond the reasonable control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Promotion and, if the Promotion is modified, terminated or suspended, at Sponsor’s discretion, select recipients by a random drawing from those eligible, non-suspect responses. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. Disputes: By entering the Promotion, entrants agree that 1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion but in no event attorneys’ fees; and 3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 the entrants and Sponsor or the Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Colorado. Any legal proceedings arising out of this Promotion or relating to these Official Rules shall be instituted only in the federal or state courts of Colorado, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prize(s) set forth above represents Sponsor’s good faith determinations of the ERV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ERV, the difference will not be awarded in cash. Recipients List and Official Rules by Mail: To request the names of the recipients or a copy of the Official Rules by Mail, please send a self-addressed, stamped business size envelope, by (August 31, 2018) to ATTENTION: PROMOTION “We Care” , WeatherNation TV Inc., 13276 E Fremont, Centennial, CO 80112 Sponsor: WeatherNation TV Inc., 13276 E Fremont, Centennial, CO 80112.

 

 

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