THE SILVER SHORTAGE CONTEST
Effective December 31, 2021.
All Participants in a Contest have an equal chance of winning. No purchase, payment, or donation of any kind is necessary to enter or win. A payment, a contribution, or a donation to the Contest will not increase the chances of winning more.
1. The Founder: The Founder is also the original Sponsor (referred to herein as the “Founder”) of the prize contents, the websites, and the organizational structure. The Contests at SilverShortage.com operate in the Private, in Trust, are invite-only, among friends, a not-for-profit service, a non-commercial activity, that leverages the power of connection, information, technology to quickly find & publish relevant factual information.
2. The Website: The Silver Shortage website (SilverShortage.com) (the “Website”) allows eligible individual humans (see restrictions below) to enter into Contest promotions (each “Contest”).
3. Applicability of the Rules: These Official Rules provide the general terms and conditions applicable to every Contest launched on the Website.
(A) Contest Rules. Every Contest also has its own, additional, Contest-specific terms and conditions (the “Contest Rules”). The Contest Rules can be found on each Contest’s webpage on the Website. The Contest Rules provide extra information and requirements for a specific Contest. If there is a conflict or inconsistency between these Official Rules and the Contest Rules, the Contest Rules will govern. Any reference to the “Official Rules” with respect to any specific Contests will mean both these Official Rules and the applicable Contest Rules, taken as a whole.
(B) Binding Contract. The Official Rules (including any Contest Rules) form a binding contract between us and each participant (a “Participant.”) Entry into any Contest constitutes the Participant’s full and unconditional agreement to the Official Rules and Founder’s decisions, which are final and binding in all matters relating to the Website and all Contests. If you do not agree to these Official Rules (including the applicable Contest Rules) do not enter the Contest(s).
(C) Updates to the Official Rules. These Official Rules may be updated from time to time. Please check these Official Rules (including all relevant Contest Rules) regularly to ensure that you understand the terms that apply to the Contest you entered.
4. ELIGIBILITY: To be eligible to enter a Contest or be awarded the prizes(s) identified on each Contest’s webpage (each a “Prize”), a Participant must fully comply with the Official Rules. Unless otherwise provided in the Contest Rules, Contests are only open to individuals who (i) are at least 13 years of age or older at the time of entry; (ii) are NOT in one or more of the “Prohibited Persons” categories listed in Section 4(A), below; and (iii) are legal residents of the United States, Japan or another country that is NOT listed as a “Prohibited Jurisdiction,” in Section 4(B), below. (contact us to open a country) Any entry submitted by any ineligible person(s) will be void.
(A) Prohibited Persons. The following individuals are not eligible to enter or win any Contest:
(i) Any individual who has been removed or prohibited including the immediate family members of the individual (meaning, spouse, parent, child, sibling, and their respective spouses etc, regardless of where they reside) and non-immediate family members (meaning, extended family members, wife's father, son's wife, wife's grandmother etc) and/or those living in the same household or the employees of, officers and/or directors of entities owned or with influence of said individual.
(ii) Any individual that we cannot communicate with in English or Japanese. If you speak another language and English then contact us about how open the Contests to your country.
(B) Prohibited Jurisdictions: All countries on the United States’ list of embargoed countries (which you can find here), CCP China, Russia, and all middle east countries. The Contests are currently focused on Japan & the United States of America.
(C) Prohibited Entities. Contests are for natural human beings only. Group entities, public or private, such as corporations, churches, and committees are not eligible to participate, to enter or win any Contest.
5. HOW TO ENTER: Each Contest will have a starting date and time and ending date and time (the “Entry Period”) specified in the Contest Rules. Only those entries received by us during the Entry Period will be valid. We will be the official timekeeper for all Contests.
(A) Grand-Prizes Contests. All Grand-Prizes Contests (each a “Grand-Prize Contest”) will provide the following two (2) ways to enter:
(i) Input Information to Enter. To enter, visit the Website, click a yellow button from the Contest webpage which takes you through the common online-store 'checkout' ordering process. After a click on a yellow button you will reach a 'product' webpage, read the description, and click the 'Add to Cart' button (or similarly titled button) following the instructions provide your full, legal name, contact information and complete your 'order' process. Upon our receipt of your 'order' entry, automatically a 'order confirmation' email will be sent to your email address, follow the instructions and confirm with a reply email.
(ii)
Input Information to Enter. At the sole discretion of SilverShortage.com Administrators, and the Founder a potential Participant may, under some circumstances, write the information required via a paper form and be manually entered into the contest.
When the Contest Ends then the Participants & Contestants will receive the total number of Shares indicated in their account. If we have to repeatedly open & close then we reserve the right to amend the corresponding number of Shares to be awarded for a particular Contest or Participant at our sole and absolute discretion.
(B) Secondary Promotions. From time to time, the Founder may, in its sole and absolute discretion, host other, secondary Contests on the Website(s) (each a “Secondary Promotion”). The only entry method to Secondary Promotions is first through entry into the Grand-Prize Contest #1, within a specific time frame. In other words, Secondary Promotion Participants will only be available to those who enter first through Grand-Prize #1 Contest during the specific time frame.
(C) Special Promotions. We may, at our discretion, run various special promotions in connection with the Contests. For example, it may, for a temporary period during the Entry Period, offer Participants “bonus prize(s)” in connection with any entry submissions, or it may offer Participants the opportunity to enter multiple Promotions simultaneously.
6. ENTRY LIMITATIONS AND RESTRICTIONS: Only accurate and complete entries submitted during the Entry Period and received by us are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible. Proof of submission will not be deemed to be proof of receipt by us. We, the Website(s), the Founder are not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, we, the Website(s), the Founder is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant retracts his entry statement, declaration, completed by 'checking out' at SilverShortage.com for one the Grand-Prizes then any entries and Shares associated with such Participant will be withdrawn.
(A) Entry Limit. One Entry for One Participant. No duplicate accounts for the same person.
(B)
Required Information.
Participants must provide all required information specified on the
Contest’s page or entry form to be eligible to enter, own Shares
and win their Share of the Contest Prize.
(C) Email Address Requirements. Participants may not use multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive more Shares and more of a prize. To receive valid entries, Participant must provide a valid email address for which the Participant is the authorized owner. Multiple Participants may not share the same email address. In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Contests, at SilverShortage.com, the Administrators, and the Founder’s discretion.
(D) No automated entry devices. All entries must be submitted by the individual human Participant to be valid. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from all Contests, at Founder’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. SilverShortage.com, the Administrators, and the Founder has the sole right and discretion to make a determination that Participant used or attempted to use any such prohibited automated entry methods.
(E) Contact Details. By entering any Contest, you agree that SilverShortage.com, the Administrators, and the Founder may contact you via email, phone, and mail in connection with the Contests in accordance with our Privacy Policy.
7. ENTRY CONDITIONS AND RELEASE: As a condition of entering any Contest, Participant expressly:
(A) Consents to receive information or promotional materials from SilverShortage.com, the Administrators, and the Founder, or any of the other Contest Partners, via email and/or mail;
(B) Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of SilverShortage.com, the Administrators, and the Founder, which will be binding and final in all matters relating to each Contest;
(C) Releases all the Contest Administrators, Founder, Partners from all liability, loss or damage or expense arising out of or in connection with participation in any Contest or the acceptance, use, or misuse of any Prizes;
(D) Knowingly and expressly waives all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;
(E) Agrees that all claims, disputes, or causes of action arising out of or connected with any Contest, or any Prizes awarded, shall be individually resolved in binding arbitration, without resort to any form of class, collective or representative action;
(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
8. PRIZE REDEMPTION Potential winner(s) of a Contest (the “Potential Winner”) will be contacted as specified in the applicable Contest-specific rules. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a “Winner.” The percentage of Grand-Prize #1 that a Winner will receive depends on the number of 'Shares' received during all the Entry Periods.
9. WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Contest. Potential Winners must respond to the Potential Winner notification email within 48 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if another time frame other than 48 hours is specified). If a Potential Winner fails to respond to the notification email within the stated period, the Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s). After sending the Potential Winner notification email, to the extent a phone number has been provided, the Service reserves the right to also contact Potential Winners via phone as well. Where valid, by entering, Potential Winners expressly authorize Founder to name, tag, or otherwise identify Potential Winner on Website(s), social media pages, and/or in Founder's other promotional materials.
10. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the winner eligible to receive their portion of the Prize after SilverShortage.com, the Administrators, and the Founder have completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by SilverShortage.com, the Administrators, and the Founder. Potential Winners are subject to confirmation and verification by SilverShortage.com, the Administrators, and the Founder, by whatever means SilverShortage.com, the Administrators, and the Founder shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Official Rules and fulfill all requirements. SilverShortage.com, the Administrators, and the Founder’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to a Contest. In addition to all of the other requirements stated in these Official Rules, a Potential Winner must correctly answer a simple mathematical skill-testing question to be eligible to be confirmed the Winner.
(A) Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner must accurately complete and timely return the Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted), any other documentation (in a format determined by SilverShortage.com, the Administrators, and Founder in its sole discretion) reasonably required by Founder of the Prize(s) (where permitted by law), and/or any other document necessary to confirm and verify a Potential Winner’s existence & eligibility, as determined by SilverShortage.com, the Administrators, and the Founder, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Founder, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s).
(B) Background Checks. Except where legally prohibited, SilverShortage.com, the Administrators, and the Founder reserves the right to conduct background checks on a Potential Winner, where applicable. Participation in an Contest constitutes Participant’s authorization to such background checks without providing any additional prior notice or seeking additional permissions or consents from Potential Winner. SilverShortage.com, the Administrators, and the Founder reserves the right, in its sole discretion, to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if SilverShortage.com, the Administrators, and the Founder determines in its sole discretion that awarding the Prize to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on SilverShortage.com, the Administrators, and the Founder or any of the other Contest Partners, or be likely to put SilverShortage.com, the Administrators, and the Founder, any of the other Contest Partners, or any other third-party in danger. SilverShortage.com, the Administrators, and the Founder are not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner or any Potential Winner’s guest(s), if applicable, whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of SilverShortage.com, the Administrators, and the Founder. When requested, Potential Winner or Potential Winner’s guest(s) must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by SilverShortage.com, the Administrators, and the Founder, Potential Winner and/or any Potential Winner’s guest(s), if applicable, may be disqualified and will forfeit any claim to any of the Prizes(s). Except for Contests in which specific Prize Winner and/or Prize Winner guest qualifications, requirements, or restrictions may be stated in the Contest Rules (for example, any residency or citizenship requirements, age requirements, or health requirements), Potential Winners will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, sexual orientation, or any other protected class or status.
11. WINNER DISQUALIFICATION: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of SilverShortage.com, the Administrators, and the Founder, (iii) failure to provide a valid email address at the time of entry, (iv) failure to timely respond to the Potential Winner notification email or any other request, (v) unable to verify the identity and verification of the Potential Winner to its reasonable satisfaction within 7 working days of contacting the Potential Winner for the Contest, (vi) failure to timely complete and/or return the Winner Documentation and/or background check documents, (vii) failure to pass the background check to SilverShortage.com, the Administrators, and the Founder’s full satisfaction, (viii) the provision of false, incomplete and or misleading information to or about SilverShortage.com, the Administrators, the Founder or any of the other Contest Partners, (ix) the commission of any fraud or deception in connection with any Contest, use of the Website, and/or relationship with SilverShortage.com, the Administrators, and the Founder, (x) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (xi) inability to timely accept the Prizes for any reason, including, but not limited to, if applicable, inability to travel to the location where the Prize is being delivered and/or injury or death and (xii) the inability of SilverShortage.com, the Administrators, and the Founder to timely award or otherwise fulfill the Prizes, due to circumstances beyond SilverShortage.com, the Administrators, and the Founder’s reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, war, terrorism, threats and/or weather.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner(s) may be randomly drawn or selected by SilverShortage.com, the Administrators, and the Founder to receive the Shares of the ineligible and/or disqualified Potential winner, and/or to add or create a new Contest Prize(s). Any alternate Potential Winner(s) will be notified as per the procedures outlined in the Official Rules (time permitting). SilverShortage.com, the Administrators, and the Founder reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner(s), if any.
12. PRIZES: Subject to any restrictions expressly stated in the Official Rules, Winners will receive their share of the Prizes(s) identified on each Contest’s webpage. For example, the Grand Prize #1 will be divided by the total number of outstanding 'Shares' issued. SilverShortage.com, the Administrators, and the Founder shall solely determine the specifics of all elements of all Prizes (including timing for fulfillment of Prizes and travel options, if applicable). The approximate retail value of any Prize will be specified in the Contest Rules. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s), if applicable, and within the specified Prize fulfillment period.
Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash, or currency, by Participant, unless otherwise offered via SilverShortage.com, the Administrators, and the Founder. SilverShortage.com, the Administrators, and the Founder reserve the right to substitute a prize of comparable or greater value or currency, at the sole discretion of SilverShortage.com, the Administrators, and the Founder. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Restrictions may apply.
Unless otherwise noted in Contest Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification). Founder will not replace any lost or stolen Prize(s) or components of a Prize(s).
All Winners are entitled, at their discretion, to refuse to accept some or all of the Prize(s) that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If at any time and for any reason, a Winner is deemed to have forfeited a Prize, in whole or in part, or fails to accept delivery of the Prize(s) within a the designated period, Winner will not be entitled to any alternate Prize or any other compensation of any kind, and SilverShortage.com, the Administrators, and the Founder shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Contest Rules:
(A) Prize Manufacturers. Contests prizes are not endorsed, approved, or affiliated with the manufacturer of the Prize(s) being awarded. Contest prize names and logos are the trademarks and property of the manufacturer of the Prize(s). Actual Prize(s) to be awarded may not be identical to those depicted which are intended to be only representative.
(B) Prizes That Include a Travel Component: For all travel Prizes, you have to travel on the dates and itinerary specified. Any included airfare is coach class from the major gateway airport nearest Winner’s residence or other alternative gateways approved by SilverShortage.com, the Administrators, and the Founder at their sole and absolute discretion. Any hotel accommodations are standard class, double occupancy unless otherwise specified. The actual retail value of any trip Prize will depend on the Winner’s place of residence. The difference between the approximate retail value and the actual retail value will not be awarded. Winner and Winner’s guest(s), if applicable, must travel on the same itinerary, unless otherwise approved by SilverShortage.com, the Administrators, and the Founder at their sole and absolute discretion. Lost or stolen tickets, travel vouchers or certificates, or similar items will not be replaced once they are in your possession. Any and all expenses not specified in Contest Rules, including, but not limited to, itinerary change fees, checked baggage fees, meals and gratuities, transfers, and ground transportation, are the sole responsibility of Winner and Winner’s guest(s). Travel and accommodation are subject to availability; certain additional restrictions and blackout dates may apply. If specific dates are indicated for travel, and Winner cannot travel on those specified dates, Prize will be forfeited and may be awarded to an alternate Winner selected at random from all remaining eligible entries. In such instances, the forfeiting Winner will not be entitled to any alternate prizes or compensation of any kind. Winner and Winner’s guest(s), if applicable, are responsible for all required travel documentation and identification, including, without limitation and as applicable, any passport or visa, as well as meeting any other requirements for entry into the relevant destination, such as any health and safety requirements. Winner’s guest(s), if applicable, must also sign a release before ticketing. Winner’s guest(s) must be over the age of majority in the state, province, or territory in which s/he resides, or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Contest Rules. If, in SilverShortage.com, the Administrators, and the Founder’s judgment, air travel is not required due to Winner’s proximity to Prize location, SilverShortage.com, the Administrators, and the Founder may provide ground transportation as a substitute for air travel at Founder’s discretion.
(C) Prizes That Include Winning an Automobile or other Vehicle: The Winner of the Prize vehicle is not eligible for any cash rebate programs. SilverShortage.com, the Administrators, and the Founder will determine the interior/exterior colors of the vehicle at its sole discretion. Winner must have a valid driver’s license and proof of insurance to take delivery of Prize vehicle and must take delivery of the vehicle at a location specified by SilverShortage.com, the Administrators, and the Founder, at their sole discretion. For any Prize vehicle, neither SilverShortage.com, the Administrators, and the Founder, other Contest Partners, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. If the Prize is a lease of an automobile or other vehicle, Winner will be responsible for complying with the standard provisions of the applicable lease and shall be responsible for excess wear/use and mileage over the miles specified in such lease at a cost per additional mile/km stated in such lease. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such a case, the Winner may be required to take cash or other alternatives instead. Winner must take delivery of the vehicle at a location and time of SilverShortage.com, the Administrators, and the Founder's sole choosing. SilverShortage.com, the Administrators, and the Founder reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.
(D) Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of SilverShortage.com, the Administrators, and the Founder. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. SilverShortage.com, the Administrators, and the Founder may substitute an alternate Prize of equal or greater value (including in the form of cash) at its sole discretion. Winner’s guest(s) must be 18 or older, or the Winner must be their parent or legal guardian, unless as otherwise specified in the applicable Contest Rules.
(E) Prizes That Include Meeting or Greeting any Person: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
(F) Prizes That Involve Participating in a Physical Event: SilverShortage.com, the Administrators, and the Founder may require Winner and Winner’s guest(s), if applicable, to be examined by a doctor or other appropriate medical professional before participating in the event. SilverShortage.com, the Administrators, and the Founder and/or Contest Partners reserve the right to decline participation in the event to any Winner or Winner’s guest(s), if applicable if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe manner, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by SilverShortage.com, the Administrators, and the Founder in its reasonable discretion. In such circumstances, the Potential Winner may be required to take cash, or currency, or other prize alternatives, if available as part of the Contest. If such an alternative prize is not available, Potential Winner may be disqualified.
(G) Prizes That Involve Appearing in a Film, TV, or Other Production: This portion of any Prize is subject to the production occurring as scheduled and to the Potential Winner entering into third-party agreements (such as with an acting union, production company, or publishing platform, including agreements regarding appearance releases, confidentiality and background checks). Participation in such an acting opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.
13. PUBLICITY: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for SilverShortage.com, the Administrators, and the Founder, and those acting under SilverShortage.com, the Administrators, and the Founder’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Contest, Prize, and/or any of the Contest Partners, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of SilverShortage.com, the Administrators, and the Founder (or an applicable Contest Partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested.
Some jurisdictions may prohibit SilverShortage.com, the Administrators, and the Founder from conditioning the awarding of a Prize on Winner’s consent to publicity as described in this Section 13. Winners who are residents of such jurisdictions and who object to such publicity, must notice SilverShortage.com, the Administrators, and the Founder of such objections via email during the Winner confirmation process.
14. GENERAL CONDITIONS: SilverShortage.com, the Administrators, and the Founder reserves the right to cancel, suspend, and/or modify an Contest, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond SilverShortage.com, the Administrators, and the Founder’s reasonable control that impairs the integrity or proper functioning of an Contest, as determined by SilverShortage.com, the Administrators, and the Founder. SilverShortage.com, the Administrators, and the Founder reserves the right, in its sole discretion and at any time, to conduct maintenance for the Website or its systems that may suspend or otherwise impact access to an Contest. SilverShortage.com, the Administrators, and the Founder reserves the right, in its sole discretion, to disqualify any individual tampering, or to attempting to tamper, with the administration and/or operation of any Contest, including without limitations the entry process or the Potential Winner draw process.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH SILVERSHORTAGE.COM, THE ADMINISTRATOR, THE FOUNDER TO UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATIONS WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SILVERSHORTAGE.COM, THE ADMINISTRATOR, THE Founder RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SILVERSHORTAGE.COM, THE ADMINISTRATOR, THE FOUNDER’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. SILVERSHORTAGE.COM, THE ADMINISTRATOR, THE FOUNDER RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITE, AND/OR THE LEGITIMATE OPERATIONS TO BREACH THE OFFICIAL RULES; OR TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, MALIGN, DISCREDIT, OR HARASS ANY OTHER PERSON. IF, FOR ANY REASON, A SILVERSHORTAGE.COM, THE ADMINISTRATOR, THE FOUNDER CONTEST CANNOT BE RUN AS PLANNED OR IF SSILVERSHORTAGE.COM, THE ADMINISTRATOR, THE FOUNDER DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF A CONTEST IS COMPROMISED, SILVERSHORTAGE.COM, THE ADMINISTRATOR, THE FOUNDER RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (A) CANCEL OR TERMINATE THE CONTEST (IN TOTAL OR ANY PORTION THEREOF); (B) MODIFY THE CONTEST OR SUSPEND THE CONTEST TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE CONTEST IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (C) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.
15. INDEMNIFICATION: As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless SilverShortage.com, the Administrators, and the Founder, all other the Contest Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for introducing, founding, fulfilling, administering, advertising or promoting a Contest and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in an Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
16. LIMITATIONS OF LIABILITY: The Released Parties are not responsible and will have no obligation or liability for or resulting from: (i) a Participant’s entry or attempt to participate in an Contest, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in an Contest, (iii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iv) unauthorized human intervention in any part of the entry process or an Contest; (v) technical or human error in the administration of an Contest or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind (including, for example, SPAM filters); (vii) Participants who have committed fraud or deception in entering or participating in an Contest or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, war, terrorism, weather or any other similar event beyond Founder’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in an Contest or any promotion or Prize related activities. If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in an Contest.
17. BINDING ARBITRATION, NO CLASS ACTION: Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in an Contest.
As a condition of participation, all Participants agree that any dispute, controversy, or claim arising out of or connected to a Contest, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration. Any arbitration will be conducted by arbitrator(s) selected & appointed by SilverShortage.com. Regardless of the fact that there was never been a commercial transaction at the site SilverShortage.com while under the control of the Service, the Administrators, and the Founder, we agree the arbitrator, or arbitrators will follow, to the best of their ability & sound judgement JAMS rules (“JAMS Rules”) or a similar arbitrator enterprise's methods. JAMS Rules are the procedural rules for commercial disputes.
PARTICIPANTS ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH SILVERSHORTAGE.COM, THE ADMINISTRATORS, THE FOUNDER AND PARTICIPANTS WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) UP TO A MAXIMUM OF ONE U.S. DOLLAR (FEDERAL RESERVE BANK NOTE), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
18. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Participants and Founder in connection with an Contest, shall be governed by, and construed in accordance with Natural Law, Universal Law, without giving effect to the conflict of laws rules thereof.
19. PARTICIPANT'S PERSONAL INFORMATION: Information collected from Participants is subject to the Privacy Policy.
20. SEVERABILITY: Each of the terms of these Official Rules operates separately. If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
21. NO WAIVER: If SilverShortage.com, the Administrators, and the Founder fails to insist that Participant perform any of Participant’s obligations under these Official Rules, or if Founder does not enforce its rights against Participant, or if Founder delays in doing so, that will not mean that SilverShortage.com, the Administrators, and the Founder has waived its rights against Participant and will not mean that Participant does not have to comply with these obligations.
22. ENTIRE AGREEMENT: These Official Rules, together with the applicable Contest Rules, Terms of Service, Privacy Policy constitute the entire agreement between SilverShortage.com, the Administrators, and the Founder and Participant with respect to the Contest and supersede all prior or contemporaneous communications, whether electronic, oral or written, between SilverShortage.com, the Administrators, and the Founder and Participant with respect to the Contest.
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