Evergreens Salad Inc. Privacy Policy and Terms of Service

PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://evergreens.com/ (the “Site”).

PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
  • We use Gravity Forms on our Site for our contact forms.  We store the data you enter on those forms so we can communicate effectively with you.

We use the following Third Parties to help us run our website and business.  We are not liable for how these companies collect and store data.

  • ManageWP is used to backup the website and thus stores zipped copies of the site on their servers.  You can view their Privacy Policy and Terms of Service for more information on how they manage data.
  • We use Toast to manage our online ordering and gift cards.  Please see their Privacy Policy and Terms of Service for how they manage data.
  • We use Alliance Payroll to manage our online job applications.  Please see their Privacy Policy and Terms and Conditions for how they manage data.
  • We use Typeform to help manage our online job applications.  Please see their website for how they manage data.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and other information collected on our contact forms.

HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above.  We use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you send a message through the Site, we will maintain your message for our records unless and until you ask us to delete this information.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@evergreens.com or by mail using the details provided below:

1200 Westlake Ave. North, Suite 210, Seattle, WA, 98109, United States

TERMS OF SERVICE

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OVERVIEW

This website is operated by Yarrow Group LLC (Evergreens Salad). Throughout the site, the terms “we”, “us” and “our” refer to Yarrow Group LLC (Evergreens Salad). Yarrow Group LLC (Evergreens Salad) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 2 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not control.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 3 – THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 4 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 5 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.  (See above)

SECTION 6 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 7 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Evergreens Salad Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Evergreens Salad Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 10 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 12 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1200 Westlake Ave. North, Suite 210, Seattle, WA, 98109, United States.

SECTION 14 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 15 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@evergreens.com.

SECTION 16 – HIRING AUTHORIZATIONS & ACKNOWLEDGEMENTS

By submitting an application for employment, you:

(a) Certify that the information given by me is true and complete to the best of your knowledge.
(b) Understand that if you are employed, the discovery that you gave false information during the application process may result in immediate dismissal.
(c) Authorize the Company to which you are providing this application (Evergreens) to investigate all statements contained in this application and to request information about you from previous employers, educational institutions, and references.
(d) Expressly authorize your previous employers to provide information and opinions concerning your work and work habits.
(e) Further, you release all parties (including Evergreens) and persons connected with any requests for information from all claims, liabilities, and damages for whatever reason, arising out of furnishing any information.
(f) If employed, you release Evergreens from any liability for future references it may provide regarding your work history with Evergreens.
(g) Understand that Evergreens cannot guarantee that my application will be considered for any or all open positions they may have or that my application will be considered for any specific time.
(h) In the event of employment, you understand that you are required to abide by all current and subsequently issued rules and regulations of Evergreens and that your employment and compensation may be terminated, at any time, with or without notice, by either party.

SECTION 17 – TEXT MESSAGING (‘SMS’) TERMS & CONDITIONS

By opting into our SMS program, you understand and agree that the Website Terms of Use are incorporated into, and become part of, the SMS Terms of Use (and both documents are together known as the “Terms”). The terms contain an arbitration agreement, indemnification, limitations on our liability, and other provisions that impact your legal rights regarding this SMS program.

(a) If you enroll in our SMS program, you will be asked to consent expressly – evidenced provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, to the mobile number you provided at opt-in.  Such consent is not a condition of making any purchase.
(b)You can opt-out from receiving SMS/MMS messaging by responding STOP to any message you receive in our text messaging program or just texting STOP to the number from which you currently are receiving our text messages.  You will receive one additional message confirming that your request has been processed.  If you do not receive this confirmatory text message, please contact marketing@evergreens.com for help. 
(c)Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.
(d)We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
(e)SMS offers are only accessible on smartphone devices, and we may change the SMS opt-in offer without notice.

12 Days of Giveaways

The Great Pacific West Giveaway

LOGE CAMPS

Valid for 3 nights in a standard room at any WA or OR LOGE property. Booking is based on availability, subject to blackouts, and must be redeemed by December 31st 2023.

ALASKA AIRLINES

PRIZING

(2) two vouchers for roundtrip, economy air class travel to anywhere Alaska Airlines flies (ARV: $525 each)

Book between 4/1/23 and 6/1/23

Travel by 4/15/23 and 6/15/23

Flight Restrictions:

The travel authorization (certificate) is valid for a roundtrip, coach-class flight to anywhere Alaska Airlines flies. Mileage Plan™ Miles cannot be earned or credited. First Class paid upgrades and Mileage Plan upgrades are allowed. Connections are also allowed (subject to fare rules). Standard baggage fees apply; see our checked baggage policy and flight schedules at alaskaair.com <http://alaskaair.com/>  for more details. Individual travel taxes may apply. Once ticketed, fare rules apply regarding changes to itinerary. Prizes are nonrefundable and nontransferable. The certificate is void if bartered or sold. If lost, the certificate may not be reissued. Sponsor is not required to (but may at its sole discretion) offer any substitutions, cash redemptions, or alternative to prizes awarded under this Sweepstakes. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules.

 Winner is responsible for any and all applicable fees, service charges, surcharges or passenger facility charges and all insurance costs, federal, state, local and foreign taxes. Meals, gratuities, transportation to and from Winner’s home or hotel and the airports, rental car, incidentals, optional entertainment, departure taxes, customs and agriculture fees (if applicable), hotel stays and all other expenses not specifically mentioned herein are the Winner’s responsibility.  All travel is subject to availability and blackout dates.  Travel must be booked round-trip. Flight schedules are subject to change without notice, and no refund or compensation will be given in the event of the cancellation or delay of any flight. Travel restrictions, conditions and limitations may apply. Winner is subject and entitled to all provisions of Alaska Airlines’ Contract of Carriage (available at alaskaair.com <http://alaskaair.com/> ), except compensation for denied boarding or delayed or canceled flights. Winner must possess all necessary documentation required for air travel (e.g., a valid, government-issued driver’s license, U.S. passport, etc.).

Alaska Airlines is not responsible if flight is delayed, suspended, rescheduled, or canceled for any reason. Winner will not receive compensation for any elements that the winner is unable to use due to cancellation of the flight or otherwise and such unused portion of the prize will be forfeited. Sponsor may substitute alternate prizes in Sponsor’s discretion if any portion of the prize cannot be used.

ALL FEDERAL, STATE, AND LOCAL TAXES AND FEES, INCLUDING INCOME TAX, SALES TAX, AND ANY OTHER EXPENSES ARISING OUT OF THE RECEIPT AND USE OF THE PRIZES, ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of a prize and its actual value will not be awarded. Winners agree to accept prize “as is.”

12 Days of Giveaways General – Not the Great Northwest Social Giveaway

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: This Campaign is open only to those who are 18 years or older as of the date of entry. The Campaign is only open to legal residents of the United States and is void where prohibited by law. Employees of Evergreens Salad, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Evergreens Salad as final and binding as it relates to the content of this Campaign.

3. Campaign Period: Entries will be accepted online starting on 12/5/2022 and ending on 12/16/2022. Individual games start at 9 AM PST and end at 12:59 PM PST on their respective availability day.

4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at www.12daysofgiveaways.evergreens.com. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Evergreens Inc. Optional verbiage to include: You may enter only once per game day. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Evergreens Inc.

5. Prizes: The specifics of the prize shall be solely determined by Evergreens Salad. No cash or other prize substitution shall be permitted except at Evergreens Inc discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Evergreens Inc. to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner Selection and Notification: The winner will be selected by a random drawing under the supervision of Evergreens Salad. Winner will be notified by email within five (5) days following selection of Winner. Evergreens Inc shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Evergreens Salad‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Evergreens Salad, anyone acting on behalf of Evergreens Salad, and Evergreens Salad’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Evergreens Salad. If the content of your entry is claimed to constitute an infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Evergreens Inc from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense, which Evergreens Inc may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

9. Terms & Conditions: Evergreens Salad reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond [your company name]’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such a case, Evergreens Salad may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Evergreens Salad. Evergreens Salad reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Evergreens Salad has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Evergreens Salad reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability: By entering, You agree to release and hold harmless [your company name] and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF The United States AND Washington and Oregon State, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resorting to any form of class action, exclusively before a court located in [your state/province] having jurisdiction. Further, in any such dispute, under no circumstances shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than the participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.