Race General Release and Waiver.

 

 

 

 

 

 

 

Agreement and General Release/Waiver.

All racers will be required to sign the following document prior to participating in the Race.

1.     I agree with LIVE Urban Real Estate, INC., Habitat for Humanity of Colorado and Guild Mortgage (the “Contest Entities”) to abide by the terms of the Official Race Rules of Race to Your Next Place (the “Contest”), Terms and Conditions of Race to Your Next Place and the decisions of the Contest Entities and Judges which are final and binding on all matters relating to this contest.

2.    I represent that I am eligible to receive the Prize awarded to me in the Contest.  Without limiting the foregoing, I represent that I satisfy all eligibility requirements (e.g., as to my age and place of residence) set forth in the Terms and Conditions and Race Rules, which I acknowledge as having read and understood, and any other requirements imposed by law.

3.    I give permission irrevocably and in perpetuity to Contest Entities, or any party authorized by the Contest Entities to, without additional compensation to me, use, adapt, reproduce , distribute, display and publicly perform my name, visual likeness and biographical data, in whole or in part, worldwide, in connection with the promotional or marketing activities of the Contest Entities.

4.    I understand that any material I submitted and /or entered into the Contest is the sole property of the Contest Entities and may be used by Contest Entities for any purpose.

5.    By participating in the Contest, I agree that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties or merchantability and fitness for a particular purpose.

6.    I understand that prizes will only be awarded to verified winners.  All winners must be present at the Exdo Hall, 3435 Larimer Street, Denver CO at the time of the announcement of winners.

7.    I understand that Contest Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications;  or for miscommunications, or difficulties, printing errors, clerical, typographical, inline technical difficulties, or other error in the offering or announcement of the prize or any prize notification documents, or other errors of any kind or nature;  or for the incorrect or inaccurate collection of information, or the failure to capture any information.                                                                                                                                                    

8.    I understand that in the event Contest Entities are prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Contest Entities ’control (each a “Force Majeure” event or occurrence), then Contest Entities shall have the right to modify, suspend, or terminate the Contest.  If the Contest is terminated before the designated end date, Contest Entities reserve the option to (if possible) select the winner from all eligible entries received as of the date of the event giving rise to the termination.  Only the type and quantity of prizes described in the Terms and Conditions and Race Rules will be awarded.  Contest Entities reserve the right to terminate on-line entry if technical difficulties compromise the integrity or ability to continue online entry.

9.    I understand that any attempt by an entrant or any other individual to deliberately damage the website or undermine the legitimate operation of the Contest, or annoy, abuse, threaten or harass another person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Contest Entities reserve the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law.

10.    If any provision of this Agreement and General Release/Waiver is determined to be invalid or unenforceable, the remaining provisions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.

11.    This Agreement and General Release/Waiver shall be governed by the laws of the State of Colorado without reference to its choice of law rules.  Any claim, dispute, or controversy arising out of, relating to, or connected in any way with the Contest or the awarding or redemption of prizes or the determination of the scope of the applicability of this agreement to arbitrate will be resolved exclusively by final and private and binding arbitration under the rules of the American Arbitration Association.  The arbitration shall take place in Denver, Colorado.  There shall be no authority for any claims to be arbitrated on a class or representative basis and the arbitrator shall not have the power to award punitive damages against the entrant or the Contest Entities.

12.    I acknowledge and agree that my consent to the terms set forth above is material inducement for the Contest Entities to have me participate in the contest and Contest Entities would not do so in the absence of my consent as evidenced by my signature below.

13.    This Agreement and General Release/Waiver constitutes the entire agreement between myself and Contest Entities with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between myself and Contest Entities or any other Released Party with respect to such matters.  This Agreement and General Release/Waiver may not be amended or supplemented except by a writing signed by Sponsor specifically referencing this agreement

14.    I understand and warrant that I will obey all laws and conduct myself in a safe and reasonably prudent manner before, during, and after the Contest.

15.    I understand and warrant that I have read and understand all terms of this Agreement and General Release/Waiver.

16.    I ACKNOWLEDGE THAT ANY ACCEPTANCE, PARTICIPATION IN AND/OR USE OF ANY PRIZE IS SOLELY AT MY OWN RISK.

17.    I HEREBY UNCONDITIONALLY RELEASE AND DISCHARGE LIVE URBAN REAL ESTATE, INC., HABITAT FOR HUMANITY OF COLORADO, AND GUILD MORTGAGE, ALONG WITH EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES AND LIABILITES RELATING TO ANY LEGAL CLAIM I MAY NOW OR HEREAFTER HAVE AGAINST THE RELEASED PARTIES, RELATED TO ANY ACT OR FAILURE TO ACT IN ANY WAY RELATED TO THE CONTEST.  I UNDERSTAND AND AGREE THAT THIS MEANS THAT I CANNOT SUE THE RELEASED PARTIES FOR NEGLIGENCE OR ANY OTHER CLAIM.  I SPECIFICALLY UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT ME FROM BRINGING A LAWSUIT, CLAIM, OR ANY OTHER ACTION AGAINST THE RELEASED PARTIES AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER LEGAL RELIEF FROM THE RELEASED PARTIES.