By participating in the Rebrand Cities 60 Day Website Challenge (the “Challenge”), you agree to be bound by these terms and conditions and to abide by the official rules of the Challenge (the “Official Rules”), including all eligibility requirements, and understand that the results of the Challenge, as determined by Rebrand Cities LLC (the “Sponsor”) and its agents, are final. The Challenge is subject to all federal, state, and local laws and regulations, and is void where prohibited by law.
You agree to pay a $300 U.S. dollars entry fee to enter the Challenge and understand that in return you will have a website built for you by a developer on the WordPress.com platform and get one year of hosting.
You understand there will be no prize of any kind awarded to you or any other business owner participating in the Challenge. The Sponsor will make no payments to any business owner. You understand that only the developers are eligible for the grand prize of $10,000 U.S. dollars, and that you have no claim to any portion of the grand prize. The Sponsor is not responsible for inaccurate prize details supplied by any third party connected with the Challenge. You understand that you may only request a refund of your $300 U.S. dollars entry fee if the Sponsor does not pair you up with a developer in the Challenge.
You agree to a complete release of the website to the Sponsor and its related parties for use in the Challenge. You understand that you may keep the website created for you by the developer after the Challenge, which will be considered paid in full by WordPress.com for a period of no less than one year from the date of site registration (this includes one year of hosting on the WordPress.com platform).
You understand that the Sponsor makes no representations or warranties to the quality of the website being created for you by the developer in relation to the Challenge. Neither the Sponsor nor any of its employees or agents warrant that the functions in the website will be uninterrupted or error-free. In no event will the Sponsor or its owners or employees will be liable to you or any third party for any damages, including service interruptions, any lost profits, lost savings, or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, or of your or your site visitor’s computer or Internet software. You are responsible for maintaining your own backups regarding your website and the Sponsor will not be liable for restoring any data or websites.
You agree that the Sponsor and its respective parent, affiliate, and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Challenge, including errors in any printing or posting of the Official Rules.
The Sponsor and its respective parent, affiliate, and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure, or malfunction of any telephone network, computer equipment, or software, the inability to access any website or online service, or any other error, human or otherwise.
You understand that the Sponsor reserves the right to terminate, suspend, or amend the Challenge, without notice and for any reason, including if the Sponsor determines that the Challenge cannot be conducted as planned or should a virus, bug, tampering, or unauthorized intervention, technical failure, or other cause beyond the Sponsor’s control corrupt the administration, security, fairness, integrity, or proper participation in the Challenge. In the event any tampering or unauthorized intervention may have occurred, the Sponsor reserves the right to void suspect entries.
You represent and warrant that you can perform the Challenge without any restraints from and without violating any other agreement or obligation, and that you are not engaged in any employment, litigation, arbitration, or other legal or administrative proceeding or investigation that would have an adverse effect on your ability to participate in the Challenge.
You agree to obtain all necessary permissions and authorities regarding the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material you supply to the Sponsor or the developer to include in your website.
You agree to indemnify, defend, and hold the Sponsor, agents and employees of the Sponsor, and developer harmless from and against all claims, demands, legal actions, liabilities (including judgments, damages, and settlements), and expenses (including litigation costs and attorney’s fees) arising out of or related to any breach of these terms and conditions, any content you provide the developer for your website, or which may be sustained or incurred by the Sponsor because of any acts or omissions by you.
You grant the Sponsor permission to use your name, image, likeness, comments, website, and any other information supplied by you for publicity purposes without payment of consideration or compensation, except where prohibited by law.
You grant the Sponsor permission to contact you using the information provided on the Challenge entry form, including name, address, email address, and phone number.
You agree that the Sponsor will have no liability for any injuries, losses, or damages of any kind resulting from your participation in the Challenge, including damage to your or anyone else’s computer equipment related to or resulting from participation or downloading of any materials in the Challenge.
You understand that any attempt to damage the content or operation of the Challenge is unlawful and subject to possible legal action by the Sponsor.
By entering the Challenge, you agree that: any and all disputes, claims, and causes of action arising out of or in connection with the Challenge, or any prizes awarded, shall be resolved individually without resort to any form of class action; any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred in entering the Challenge, but in no event attorney’s fees; and under no circumstances will you be permitted to obtain any award for, and you hereby waive 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 damages for actual out-of-pocket expenses incurred in entering the Challenge, which is limited to the entry fee of $300 U.S. dollars.
You understand that the Sponsor reserves the right to remove any entry information or content from the Challenge websites it deems objectionable or obscene.
If any term or condition is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall affect no other term or condition, or invalidate or render unenforceable such term or condition in any other jurisdiction.
These terms and conditions, together with the Official Rules and any other documents or information incorporated by reference, constitute the sole and entire agreement of the parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
All matters arising out of or relating to the Challenge or these terms and conditions shall be governed by and construed under the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.
Any dispute, controversy, or claim arising out of, relating to, or in connection with the Challenge or these terms and conditions, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.