By participating in the Competition, each Participant hereby agrees that:
HHS, Cohen Foundation, (and its directors, officers, and employees) and the Competition Administrator shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Competition or any Competition-related activity, or from a Participant’s acceptance, receipt, possession, use, or misuse of any monetary prize.
The Participant, on behalf of the Participant, and the Participants’ successors, heirs, and executors, as applicable, expressly and irrevocably release HHS, Cohen Foundation (and its directors, officers, and employees), and the Competition Administrator from any claims of any nature, known or unknown, that the Participant may have or ever may have, arising out of Participant’s participation in the Competition, any Competition-related activity, or from Participant’s acceptance, receipt, possession, use, or misuse of any monetary prize. To the extent applicable, the Participant expressly waives all rights and benefits that the Participant may have under California Civil Code Section 1542 which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor” or similar law of any other jurisdiction. The Participant will indemnify, defend, and hold harmless HHS, Cohen Foundation, (and its directors, officers, and employees) and the Competition Administrator from and against all third-party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to, or arising from, the Participant’s participation in the Competition.
Without limiting the generality of the foregoing, HHS, Cohen Foundation, and the Competition Administrator are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
The rules cannot be modified except by HHS and Cohen Foundation in their absolute discretion. The invalidity or unenforceability of any provision of the 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, the rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.