INDEMNITY / DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these OFFICIAL RULES, including all eligibility requirements and all decisions of BMW Pittsburgh. By participating in the Contest, the Entrant agrees to indemnify, defend, and hold harmless BMW Pittsburgh and its officers, agents, affiliates, contractors, contributors, subsidiaries, licensors and distributors ("BMW Pittsburgh Entities") from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these OFFICIAL RULES; or (ii) participation in the Contest; (iii) acceptance and/or use or misuse of any prize in connection with the Contest; or (iv) any third party claim relating to any rights in any design submitted.
BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT BMW PITTSBURGH ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
By participating in the Contest, the Entrant agrees that BMW Pittsburgh is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from the submission of entries. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Contest, BMW Pittsburgh may, in its sole discretion, suspend, modify or terminate the Contest by posting a notice at http://www.BMWPittsburgh.com. If the Contest is terminated before the scheduled end of the Contest Period, BMW Pittsburgh will determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Contest, or whom BMW Pittsburgh believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified. BMW Pittsburgh reserves the right to disqualify any unauthorized entries, including, without limitation, multiple entries from the same person, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO EVENT WILL BMW PITTSBURGH OR ANY BMW PITTSBURGH ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN IF BMW PITTSBURGH OR A BMW PITTSBURGH ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF BMW PITTSBURGH OR ANY BMW PITTSBURGH ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEY'S FEES.
For the avoidance of doubt, to the extent that US law applies, nothing in these OFFICIAL shall limit or exclude either party's liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of law.
INTERPRETATION / GOVERNING LAW / JURISDICTION
Interpretation. In the case of any dispute about the interpretation of the OFFICIAL Rules, BMW Pittsburgh's decision as to the interpretation shall be final and Entrant shall be bound by BMW Pittsburgh's decision.
Governing Law. The interpretation and enforcement of these OFFICIAL RULES will be governed by the laws of the State of Pennsylvania, US, except to the extent required to be governed by the local law in the place of residence of an Entrant. The Contest is subject to all applicable, as the case may be, national, federal, provincial, state and local laws. The Entrant and BMW Pittsburgh agree to the extent permitted by law to submit all disputes arising out of or relating to these OFFICIAL RULES or the Contest to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Allegheny County, Pennsylvania. if necessary any provision of these OFFICIAL RULES, which is found to be invalid by a court of competent jurisdiction, shall be deemed to be struck out from these OFFICIAL RULES.
The Entrant agrees that the ability to participate in the Contest and to compete for the prizes offered in connection with the Contest constitute, where required, sufficient consideration for the Entrant's obligations under these OFFICIAL RULES.