LIABILITY WAIVER & RELEASE. THIS AGREEMENT CONSTITUTES AN EXPRESS CONTRACTUAL ASSUMPTION OF ALL RISKS, WAIVER, AND RELEASE FROM ALL LIABILITY FOR ANY NEGLIGENCE AND INDEMNITY FOR ALL THIRD-PARTY CLAIMS.
I know that skateboarding, in-line skating, BMX bike riding, all other sports, helping with facility & ramp maintenance & construction, and observing, are inherently dangerous sports and activities in which I voluntarily choose to participate and observe and do so at my own risk. I am aware that the usual dangers, hazards, and risks of death, disability, personal injury, and/or property damage and loss (collectively referred to throughout this Agreement as the, “Damages”), necessarily increase when using bowls, curbs, half pipes, inclines or declines, ramps, steps, or any other structure or device. I know that the hazards and risks include, but are not limited to: colliding with other users, staff, and spectators; concussions and other head injuries; broken bones; falling; hard landings; muscle strains and tears; and/or collisions with uncontrolled bikes and boards. I also understand that these dangers, hazards, and risks are further increased when other users, whether or not of the same level of experience or skill, and spectators are present at the same time and using the same Facility facilities. (All of the above-deﬁned activities are collectively referred to throughout this Agreement as the “Hazardous Activities.”).
By this Agreement, it is my intention to relieve Twin Cities Fantasy Factory, LLC, its ofﬁcers, agents, employees, afﬁliates, lessor(s), volunteers, sponsors, vendors, or exhibitors, or any other person, company, or entity in any way associated with Twin Cities Fantasy Factory, LLC (hereinafter collectively referred to throughout this Agreement as “The Factory”) of any duty to me, and I do assume the entire risk of any of the Damages, speciﬁed or otherwise, that might occur during, or as a result of, my use of, or presence at, the Facility.
By this Agreement, I do also intend to release The Factory from any and all liability for any negligence, with the exception of gross negligence or willful misconduct, by The Factory, and to relinquish and waive any claim or cause of action against The Factory for any claim, death, damage, disability, loss, personal injury, medical and/or any other type of or property damage, expense, or loss caused by any active or passive negligence of The Factory, with the exception of gross negligence or willful misconduct, and promise not to sue or exercise any other legal right to seek damages from The Factory.
In consideration of utilizing the The Factory Facility, I agree as follows: As to my participation in any activity, including, but not limited to, the Hazardous Activities, and as to any and all liability for any Damages which I may suffer or incur due to any cause whatsoever, with the exception of gross negligence or willful misconduct by The Factory, while in the interior or exterior of the premises of the The Factory Facility, I hereby agree: To waive any and all claims for any Damages that I may have against The Factory; To release and discharge The Factory from any and all liability for any Damages that I may suffer or incur as a result of my participation in any activity, including, but not limited to, Hazardous Activities while at the The Factory Facility. To indemnify, defend (at your sole expense), and hold harmless The Factory to the fullest extent permitted by law, from and against any and all claims for bodily injury, death, or damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorneysʼ fees and costs, and consultantsʼ fees and costs) (hereinafter the “Claims”) which arise or are in any way connected with your use of the Facility. To allow The Factory to use my, or my childʼs, picture or likeness for general publicity and The Factory materials. In addition, I also waive and release the use of my, or my childʼs, picture or likeness to The Factory for any reason or purpose.
This waiver, release of liability, and indemniﬁcation agreement shall be effective and binding upon my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees, and assigns in the event of my injury, disability, or death.
I have read, understand, and agree to be bound by any and all The Factory Rules governing my conduct while at the Facility. I understand that these Rules are strictly enforced, and further that any waiver or failure on the part of The Factory to enforce a violation of any Rule shall not be deemed to be a continuing waiver of said Rule.
I further agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Minnesota, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I further agree that I have no medical condition that would cause participation in activities at the Facility to be potentially hazardous to my health. In addition, this Agreement shall constitute authorization for the Facility to provide, or cause to be provided, such medical treatment to the undersigned as may be necessary or appropriate if any injury occurs while at the Facility.
I have read and knowingly, and voluntarily have signed this Agreement, and further agree that no oral representations, statements, or inducements apart from this Agreement have been made by The Factory or anyone else with regard to the subject matter of this Agreement.
If I am less than 18 years of age, my parent/legal guardian and I certify that I am less than 18 years of age.
I/We have completely read and understand this Agreement and its terms.
Prior to signing this Agreement, I/we have had the opportunity to ask any questions about this Agreement.
I/We are aware that, by signing this Agreement, I/we assume all risks and waive and release certain rights that I and my heirs, next of kin, family, relatives, guardians, executors, administrators, trustees, and assigns may have against The Factory.
Leave the park better than you found it
Pick up after yourself
Pick up after others
Hold others accountable to their mess
Sweep/mop when and where appropriate
Respect posted signage
The Factory rules/code of conduct
If/when ramp construction/repair is active
There may be times when special events are occurring at The Factory, please respect those participating
Respect the ramps
If your riding is causing avoidable damage, please ask a skilled rider to help you
Skilled riders should be ready to help newer riders with the above
If you are a Member, utilize the app or your key to access and/or lock up when visiting for sessions
Door needs to remain unlocked while riding in the event of an emergency
If the door has been left unlocked (session is done, no one is in the park) and no one else is there to lock up, please message Dustin Grice immediately at 952-200-7732
During times of construction/repair
Respect the builders by avoiding construction areas if and when sessions are still active
Observe all areas before riding the facility and comply to all posted signage and/or cones
This is for the safety of both the riders and builders
If you see others ignoring this please contact Dustin Grice immediately at 952-200-7732
24 Hour Surveillance Cameras
Please be aware that our facility is under surveillance 24 hours a day
Admission Audits & Verification
At any time you may be asked for your proof of payment and the last 4 digits of your card number
The Factory reserves the right to ban you from the facility are report you to Minneapolis Police Department for any unpaid sessions, current or past
Basic Park Etiquette
Take turns and drop in ONLY when you are sure the park/area is clear of other riders
Check with riders if they seem like they want to drop in, but haven’t and allow them to do so
Respect others’ time that are waiting for your run to end so they can ride too
Flat ground tricks should be practiced in areas with little to no traffic
If riders arrive and want to ride a ramp, please find another flat area to practice on
Respect all riders – They have your (and others’) safety in mind
Encourage the next generation of riders – they just want to learn sick tricks!
Be aware of your “perch”, especially if other riders need to utilize that spot for a run/trick
Be accountable or hold others accountable, it’s okay to apologize if you neglected some park etiquette, we all make mistakes
Be gracious and accept if someone offers you a sincere apology
Bikes, scooters, skates, skateboards, etc., are ALL welcome when we all respect Park Etiquette
Please tag The Factory when you post! We are a locally owned and operated small business and your positive support helps us do more for you in the future.
Follow @RideTheFactory on Instagram
Hashtag #RideTheFactory on Instagram
Like The Factory Facebook
The Factory does it’s best to provide an environment to learn BMX/skate/scooter/etc. tricks and stunts as safely as possible. However, these activities are inherently dangerous. Please be aware and prepared of how to handle potential emergency situations.
It is always recommended that you ride with at least one other person present in case of an emergency
If you are riding by yourself, make sure someone will check in with you or you will check in with them at an agreed upon time
Make sure your/a phone is easily accessible in case of injury
For serious injury call 911 or assign someone to call 911
Once the situation is under control, contact Dustin Grice immediately at 952-200-7732
Attend to the injured person until emergency services arrive – do NOT leave them unattended
Head injuries (source www.mayoclinic.org)
Keep the person still until medical help arrives
Stop any bleeding with direct pressure unless a skull fracture is suspected
Watch for changes in breathing and alertness
Broken bone (source www.mayoclinic.org)
Stop any bleeding with direct pressure
Immobilize the injured area
Apply ice packs to limit swelling and help relieve pain if possible
Treat for shock by laying down and elevating legs
As a Member at The Factory, I agree to the Following:
The Factory is not responsible for any personal property brought to the Facility. Please ensure that any such personal property is properly attended to. The Factory reserves the right to change its hours of operation from time to time as it may deem necessary or appropriate. Persons violating any rules, whether posted or otherwise, shall be removed from the Facility and may be prohibited from further use of the Facility in the future. Facility users use the Facility solely at their own risk of being injured; The Factory will not be liable for injuries.
All Facility users must wear commercially manufactured safety gear, which requires helmet, and optional kneepads & elbow pads. Failure to wear safety equipment may result in loss of Facility privileges. Proper safety equipment is required to protect you, The Factory, and all other users and spectators of the Facility. All Facility users must have a current, signed liability waiver on file with The Factory. For Facility users under 18 years of age, parent/guardian must sign release forms in person, or have forms notarized. You agree to execute the same prior to using the Facility, and further to provide The Factory with additional copies for its files as The Factory may so require. Children under the age of 12 must be accompanied by an adult. All Facility users must practice safety at all times and avoid collisions with others. Fighting or other disruptive behavior will result in loss of Facility privileges.
Portable or personal radio, stereo, CD player or similar device and/or headphones are permitted during your use of the Facility, however users choosing to use such devices must be able to hear The Factory staff and other users at all times. Users must abide by The Factory staff instructions at all times. Failure to do so may result in a loss of Facility privileges.
Please notify The Factory staff of any unsafe conditions found inside or outside of the Facility as soon as possible. Providing prompt notice is key to protecting yourself and other users from injury and to help ensure that the Facility remains in optimal condition. The Facility may not be open during inclement weather, and certain riding areas of the facility may not be open during times of building & maintenance. The use of profanity and abusive language, no matter whom the same are directed at, is prohibited. No skating or bike riding in parking lot, on sidewalks, curbs, or entrance areas near or located outside of and immediately adjacent to the Facility. Proper attire must be worn at all times while in the Facility, including, but not limited to the following: shirt, shorts/pants, shoes, and requisite safety gear.
-I understand that I will be granted 24/7 access to The Factory’s Facility with my own non-exclusive key, which I will never try to replicate or share with anyone else.
-I understand that my Membership payment must be made before using the facility.
-I understand that there are no refunds.
-I understand that the The Factory services and facilities “as is” and agree that all use of the facilities shall be undertaken at my sole risk.
-I will enforce all rules upon others, and report to the owners any abuse to the rules by myself or anyone else in the Facility, and grounds for not doing so may terminate my Membership.
-I understand that I may choose to help and contribute to the Facility and will not be compensated for doing so.
-I understand that all property within The Factory’s leased space is owned by The Factory.
-I will not intentionally damage or steal any The Factory property.
-I understand that The Factory shall not be responsible for any of my property, or the property of my family or guests, which is lost or stolen in the Facility.
-I will only use The Factory’s door for access to the Facility.
-I will dispose of all of my trash and the appropriate trash receptacles.
-I will make sure all of my guests are fully paid for, waivers are signed, helmets are worn, and will properly use my limited Guest Passes and limited Guest Discount Passes when I choose to.
-I will dispose of all of my guests trash and the appropriate trash receptacles.
-I will clean up any mess I make in the restroom.
-I will not bring to or use alcohol or drugs.
-I will commit no acts of violence.
-I will not bring glass into the Facility.
-I will clean up and turn off any music related to The Factory Facility after use.
-I will take full responsibility of making sure The Factory Door is properly locked when leaving the facility.
-I will dispose of any sweeping I choose to voluntary do at the facility and not leave a mess for someone else.
-I understand The Factory’s Facility Size and our neighboring property lines, and any area I am unsure about that does not appear to have ridable ramps I will stay out of.
-I will not trespass beyond property lines unless in an emergency situation, and when passing through these areas for these items specifically, I will not touch neighboring tenants property or disrupt any neighboring tenants activities. I realize that if our neighbors do not want us around it will hurt the future of our facility and our local riding scene.
-I will be courteous and respectful to neighboring tenants.
-I will make sure any music is at a reasonable volume and not distracting to neighboring tenants.
-I will not wander off into any other areas of the property around The Factory.
-I will drive respectfully around our property.
-I will not litter anywhere on our property.
-I will wear my helmet at all times.
-I understand there is risk involved in physical activities and I shall not hold The Factory liable for any injuries or damage to myself or property, or that of my family or guests, arising out of the use of the services or facilities, whether or resulting from acts of active or passive negligence on the part of The Factory, its officers or agents.
-I understand that everyone who uses ramps must have paid before riding and have a liability waiver signed, and will enforce this.
-I will return all foam pieces back to the foam pit after use.
-I understand that no one will be jumping off high obstacles into the foam pit.
-I will keep our foam pit clean from any debris.
-I will respect all riders, members, kids, and families who also share the facility with me.
-I will respect others when using our optional shared sound system at a reasonable volume and length of use if sound system is available.
-I will be aware that there could be riders trying to ride without paying and will contact Dustin Grice at 952-200-7732 if anyone seems suspicious.
Abuse & Termination
-I understand that breaking any rules can revoke my key, and/or revoke my Membership, with no refund.
-I understand that The Factory may terminate any Membership at anytime for any reason.
-I understand that The Factory has the right to modify this agreement.
-I understand that anything that will increase exposure about the Facility, including media and visiting pros, may be permitted by an owners approval to use the Facility on special occasions.
-I will do my best to keep an eye out for the future of our facility.
-I will report any issues or concerns with the facility to Dustin Grice at 952-200-7732.
-I will treat our facility as if it were my own home.
I acknowledge that I have read, understand, and agree to follow the Facility rules as posted and/or as may be provided by The Factory. Failure to abide by any such rules shall be cause for ejection from the Facility, and/or suspension or termination of my Facility use privileges.
What personally identifiable information is collected from you through the site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the contact page given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
TERMS & CONDITIONS
Applicability of the following Terms and Conditions
By accessing the website of The Factory owned by Twin Cities Fantasy Factory, LLC (hereinafter “The Factory”), you declare that you have understood the following terms and conditions and that you agree with them. If you do not agree with them, please do not access our offerings.
Copyright and other Intellectual Property Rights
The whole content of The Factory is subject to copyrights. All copyrights on the content of The Factory remain the property of The Factory. Any reproduction, transfer, alteration or utilization of the website and of the logo of The Factory for a public and/or commercial purpose without prior written consent of The Factory is prohibited.
No statement is made of rights with respect to other trademarks, service marks or trade names whether registered or not, which may attach to certain words or signs used herein. The absence of such statement, however, in no way implies that there is no legal protection of these marks, trade names, words or signs.
Note that any product, process or technology described in these documents may be the subject to other Intellectual Property Rights reserved by The Factory or a third party. No right to use any of the above mentioned Intellectual Property Rights of The Factory, whether registered or not, is granted hereunder in any way whatsoever.
Information on the website
The Factory is as diligent as possible in compiling and updating the information on its website. However, The Factory does not guarantee the correctness and completeness of the information provided on its website. Equally, The Factory does not guarantee that this information is up to date. For questions concerning our products, their specifications and their utilization please refer to the instruction manual and/or a qualified expert of The Factory.
By using a link to a third party’s website you leave the website of The Factory. The Factory has not verified the websites of third parties linked to the website of The Factory and does not assume any responsibility for their content – particularly not for any offers, information and opinions contained therein.
Reservation concerning changes
All information, representations, links or other messages may be changed by The Factory at any time without prior notice or explanation to the user. In particular, The Factory is not obliged to remove any outdated information from its website or to expressly mark it as being outdated.
Concerning Your Privacy
Exclusion of liability
The Factory excludes any and all liability for direct or indirect damages of any kind in connection with the access or the utilization of its website or single elements of it and the information provided by its website insofar as and to the extent that such exclusion is not prohibited by law. Liability claims regarding damage caused by an interruption of a part of or all functionalities of the website of The Factory are excluded as well and to the same extent.Furthermore, The Factory does not assume any liability and does not guarantee that the functions on its website are free of errors, that errors are corrected or that the site or the respective server is free of viruses or any other detrimental elements.The information on this site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights.
Specifications concerning products and applications
The Factory on its website provides various technical specifications concerning the products of The Factory and applications related to those products. These specifications do not form part of an instruction manual for products of The Factory. They do not constitute recommendations or guidance for decisions concerning the purchase of technical products. The information on the website provided by The Factory only serves general information purposes, it may be subject to change at any time without prior notice to the user. Therefore, technical specifications concerning products of The Factory and information about applications related to those products offered on the website may differ from realities. Binding specifications and information are only those in the instruction manual of the product purchased by the client. In these matters – particularly but not exclusively concerning the question whether a product of The Factory fulfils the needs of the customer, the required technical specifications and applications – you should obtain advice from a qualified expert of The Factory or one of our official distributors. All specifications are subject to change without notice. The content of any purchase contract (i.e. technical data, price and applications of the products of The Factory) concerning the purchase of products of The Factory is constituted only by the purchase agreement as such and integral parts thereof (Specifications on the website never form part of a contract).
Personally Identifiable Information
Personally identifiable information includes your name, address, e-mail address or any other information which might reasonably be used to identify you individually. The Factory collects personally identifiable information from visitors only when it is voluntarily provided. The Factory will not otherwise collect this information from you on our site.
At those portions of our site where we provide you with the option to input personally identifiable information, we notify you of the uses we intend to make of that information in any given instance. When The Factory receives personally identifiable information, we may use it for reasonable business purposes, just as non-Internet businesses do. For example, we may use this information to contact you, via e-mail or regular mail, to provide you with information we believe may be of interest. Personally identifiable information will not be sold or rented by The Factory.
The Factory site may also collect information from you that is not personally identifiable. For example, we might track information about the date and time visitors access our site, the type of web browser they used, and the site from which they connected to our site. Our sites collect this information by depositing certain bits of information called “cookies” in a visitor’s computer. This technology does not collect an individual visitor’s personally identifiable information. Rather, this information is collected in an aggregate form. The cookies can tell us how and when pages in a site were visited and by how many people. This aggregate information will enable us to improve our sites to serve and inform you better. It also may allow you to shortcut access to points of interest on our site when you re-enter our system. Attaching this device to your system has no effect on how it performs.
Links To Other Sites
As a resource to our visitors, The Factory may provide links to other web sites. We try to carefully choose sites, which we believe are useful and meet our high standards for the accuracy and utility of information. However, because site design and content can change so quickly, we cannot guarantee the standards of every site to which we link. Likewise, we are not responsible for the content of any non-The Factory site. We also cannot guarantee the privacy policies of these other sites and suggest you check the privacy policies of those sites directly.
If you wish to stop receiving any e-mails or other communications from The Factory which may be sent to you in the future based on your request for this information, or if you have submitted personally identifiable information through The Factory site and would like to have that information deleted from our records, please notify us via the contact form on the this site. Your wishes in these matters will be honoured.
The Factory will make every effort to maintain the accuracy and confidentiality of any personal information you supply to us. If you wish to make additions or other corrections to the information that you have sent in, please transmit it to us via the contact form on the site.
All information transmitted to this The Factory site is secure to the extent possible using existing technology. Unauthorised third parties should not be able to access it during transmission. We will store the information that you share with us securely and will take appropriate steps to protect it from unauthorised access or disclosure. While no security steps can offer 100 percent protection, we utilise state-of-the-art technology and systems to prevent unauthorised access to the information we hold. We will limit access to this information to those The Factory personnel with a need to know. We educate our staff about their duty to protect your privacy.
VIDEO RELEASE AND WAIVER
I have voluntarily agreed to be filmed or videotaped or my children to be filmed or videotaped in connection with my interest in being potentially considered to participate on or in any The Factory related program “(Program”) owned by The Factory. I hereby consent to the recording, use and reuse by the producers of the Program (“Producers”) and/or any of their respective licensees, assigns, parents, subsidiaries or affiliated entities and each of the respective employees, agents, officers and directors (collectively “Releasees”) of my voice (including, without limitation, my speaking and singing voices and musical compositions created by me), actions, likeness, name, appearance and biographical material (i.e., collectively “Likeness”) in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with: (i) my being considered for possible participation in the Program and (ii) the Program and associated promotion and exploitation of the Program (in any form or media) thereof. I agree that Releasees may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I specifically agree that Releasees shall have full exclusive ownership of any video taken of me herein (“Material”) and I shall have no rights whatsoever to the Material. I further agree that Releasees shall have the right to use the Material and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release Releasees from any and all liability arising out of their use of my Likeness and/or the Material. I agree not to make any claim against Releasees as a result of the recording or use of my Likeness and/or the Material (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or libel or false light). I understand that neither Producers nor Releasees make any representation that such Material will or will not be used in any way.
Governing Law/Binding Arbitration
This Release shall be deemed to be entered into in Minneapolis, Minnesota, and shall be governed by and interpreted in accordance with the laws of the State of Minnesota applicable to agreements executed and fully carried out within Minnesota. The parties agree that any and all disputes or controversies arising under or relating to this Release shall be resolved by binding confidential arbitration in Minneapolis, Minnesota.
I expressly understand that Producers are under no obligation to select me for participation in the Program or to select me for advancement to any level of consideration for participation in the Program. In the event that Producers do further consider me for participation in the Program, I understand that I will be required to sign all of Producers standard application and agreements in connection with such consideration.
This agreement expresses the entire understanding between me and the Producers and replaces any and all former and contemporaneous agreements, understandings or representations between me and the Producers. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both me and the Producers. No waiver by the Producers of any term or condition of this agreement will be construed as a waiver by the Producers of any other term or condition; nor will any waiver by the Producers of any default under this agreement be construed as a waiver by the Producers of any other default. The Producers may freely assign, in whole or in part, any of their rights or obligations under this agreement. I may not assign my rights and obligations under this agreement.
SWEEPSTAKES & CONTESTS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page and who are 18 as of the date of entry. The sweepstakes is only open to legal residents of United States of America and is void where prohibited by law. Employees of The Factory (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of The Factory, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.
3. Sweepstakes Period: Entries will be accepted online starting on or about the start date and ending date. All online entries must be received by the end date at 11:59PM EST.
4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this site. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. All data collected is owned by The Factory. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of The Factory. You may enter only once and you must fill in 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 The Factory.
5. Prizes: Winners will receive specified prizes. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s 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 winners is permitted. Acceptance of prize constitutes permission for The Factory 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: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. The Factory shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by you: By entering this content you understand that The Factory, anyone acting on behalf of The Factory, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
9. Terms: The Factory reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, The Factory may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by The Factory. The Factory reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.
The Factory has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, 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 sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, The Factory reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Sweepstakes you agree to receive email newsletters periodically from The Factory. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
10. Limitation of Liability: By entering you agree to release and hold harmless The Factory 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 sweepstakes 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 malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF USA AND MN, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in MN having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
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