By entering the Giveaway, each participant agrees to release, indemnify, and hold harmless TOMO BOTTLE LLC, its parent, subsidiaries, affiliates, directors, officers, employees, and agents (collectively, the “Released Parties”) from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with, preparation for, or participation in the Giveaway, or possession, acceptance and/or use or misuse of the prize or participation in any giveaway-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.
Participants further agree that the Released Parties are not responsible or liable for any injuries, sickness, death, damage, or losses of any kind caused by any element of the prize or due to participation in the giveaway, or resulting directly or indirectly from acceptance, possession, use, or misuse of any prize awarded in connection with the giveaway, including any and all costs and liabilities incurred as a result.
This liability release extends to all issues known and unknown, disclosed and undisclosed, arising out of or in any way connected with the Giveaway and the prizes awarded.
The prize(s) awarded in this Giveaway are provided “as is” without any warranties or guarantees, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Sponsor is not responsible for any dissatisfaction with the prize(s) or for any consequential, incidental, or indirect damages arising out of or in connection with the use, misuse, or inability to use the prize(s). Any and all warranties and/or guarantees on the prize(s), if any, are subject to the respective organizer’s terms, and the winner agrees to look solely to such organizer for any such warranty and/or guarantee.