General Business Terms and Conditions
This website ("Site") is provided by Porsche Design of Amercia, Inc. (“Porsche Design”, we”, “us”, or “our”). These Terms and Conditions of Use ("Terms") are a legal and binding agreement between you and Porsche Design governing your use of this Site, which includes its content, information, services, and features. If you do not agree to these Terms, then you should not use this Site.
BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS, AS MAY BE UPDATED FROM TIME TO TIME AS PROVIDED HEREIN. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THIS SITE.
Modification of Terms
Porsche Design may, at any time, amend these Terms, or may limit or deny access to, or change the content of, the Site. Any changes will become effective upon posting to this Site, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms. Your continued access to and/or use of this Site after any such changes constitutes your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates.
Information and materials displayed on this Site, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in the United States and not necessarily to Porsche Design products sold in other markets.
Use of the Site
This Site and all content, data, information, and other materials (e.g., product information, photogrpahs, video clips, graphics, etc.) featured, displayed, contained, and available on this Site (collectively, the "Content") are owned by or licensed to Porsche Design and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms, Porsche Design grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this Site for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this Site or its Content.
You agree to use the Site and the Content in accordance with these Terms and all applicable laws and regulations. Porsche Design reserves the right, without notice, to prohibit access, use, conduct, communications that we, in our sole discretion, deem to be harmful to the Site, the Content, users, our brand, or any other person or entity, or that violates these Terms and/or applicable law.
Porsche Design and other Porsche product names, logos, symbols, trade names, trade dress, and slogans included in or made available through the Site and the products are owned or licensed to Dr. Ing. h.c. F. Porsche AG Company (“PAG”) or owned or licensed to Porsche Lizenz- und Handelsgesellschaft mbH & Co. KG, Stuttgart, Germany, or to Porsche Design and are protected by U.S. and international trademark laws (the “Marks”). You are prohibited from using any of the Marks without the express prior written consent of PAG, except as permitted by applicable laws. Nothing shown on this Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any Mark without the written permission of PAG or the third party owner, as applicable. The use of any Mark, whether registered or unregistered, as a hyperlink to this Site or any other Porsche Design website is strictly prohibited unless consented to in writing by PAG. You are also advised that Porsche Design will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND PORSCHE DESIGN HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PORSCHE DESIGN DOES NOT GUARANTEE THAT THE SITE OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitation of liability
PORSCHE DESIGN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING A (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THIS SITE (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, OR THESE TERMS EVEN IF PORSCHE DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, AND THUS IN SUCH JURISDICTIONS PORSCHE DESIGN’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Porsche Design may include links to other websites and social media platforms (“Linked Sites”). When visiting any Linked Site, you do so at your own risk. Porsche Design has no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. Linked Sites do not imply that Porsche Design endorses the Linked Site or its products and services.
You agree to defend, indemnify, and hold harmless Porsche Design, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors, licensees, distributors, and other users of the Site, from all damages, liabilities, claims, and expenses (including, without limitation, attorneys’ fees and costs) arising from (1) any breach of these Terms by you, or (2) your use of the Site or the Content; or (3) any claims by third parties (including other users and any licensor of Porsche Design) that your activities or your submissions infringe upon, violate, or misappropriate any of their intellectual property or proprietary rights.
When you visit the Site, contact us, or send e-mails to Porsche Design, you are communicating with us electronically. You consent to receive communications from Porsche Design electronically. Porsche Design will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Porsche Design provides to you electronically satisfy any legal requirement that such communications be in writing.
International Use/Compliance With Laws
We make no representation that the Site or the Content are appropriate or available for use at locations outside of the United States. Those who access the Site from locations outside the U.S. do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. You may not use the Site or transmit any technical data in violation of U.S. export laws and regulations. We do not offer the Site or the Content where prohibited by law.
Modification/Termination of Site
Porsche Design may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Site, the Content, or any portion thereof; (2) change, revise, or modify this Site, the Content, or any portion thereof; (3) interrupt the operation of this Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain features and services, or restrict your access to parts of or the entire Site; and/or (5) terminate the authorization, rights, and licenses granted herein.
Governing Law, Jurisdiction, Claim Limitation
This Terms shall be governed in all respects by the laws of the State of California, USA, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive jurisdiction and venue of the courts located in the county of San Bernardino, CA. Any cause of action brought against Porsche Design must be commenced within one (1) year after the claim or cause of action arises.
All questions and notices relating to the Site and these Terms should be sent as follows:
Porsche Design of America, Inc.
Attn: Privacy Officer
600 Anton Blvd., Suite 1280,
Costa Mesa, CA 92626
February 21, 2017
Copyright © 2017 Porsche Design of America, Inc. All rights reserved.
Links, Third-Party Websites, and Social Media Platforms
Our Online Services may contain links to the websites of other Porsche companies or other third parties, as well as to social media platforms such as Facebook or Twitter (“Linked Sites”). Porsche is not responsible and has no liability for the privacy policies or practices of Linked Sites. We recommend that you review the privacy policies of each Linked Site you visit.
Outside the U.S.
Information We Collect
Porsche and its third party service providers collect Information about you from a variety of sources, including Personal Information you provide directly to us, Information we collect about you when access and use our Online Services. For example, when you complete a purchase of a product on the Site, we collect Personal Information such as your name, address, phone number, email address and credit card information. These are used to confirm, fulfill, bill and ship your order, as well as to respond to any later inquiries about the order. Similarly, if you make an information request on the Site, we may ask you to provide Personal Information in order to allow us to respond to your requests. Finally, we collect non-personal information such as your Internet browser type, operating system, and the IP address of the website from which you are linked to the Site. We use this information to help us tailor the Site in a manner to better match your computer settings, interests and preferences.
Information Collected Automatically
- For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;
- For Mozilla Firefox: http://support.mozilla.com/en-US/kb/Options+window+-+Privacy+panel\;
- For Safari: http://support.apple.com/kb/HT1677; and/or
Analytics Information: We may use third-party analytics tools, such as Google Analytics, to help us measure traffic and usage trends for our Online Services. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving our Online Services. We collect and use this analytics information in aggregate form.
Log File Information: Log file information is automatically reported by your browser or mobile device each time you access our Online Services. When you use our Online Services, servers may automatically record certain log file information such as your web request, Internet Protocol (IP) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with Linked Sites, domain names, landing pages, pages viewed, and other such information.
Clear Gifs/Web Beacons: When you use our Online Services, we may employ clear gifs (also known as web beacons) which are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Online Services.
Location Data: When you access our Online Services via a mobile device, we may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time “location data,” which may include GPS coordinates. Location data may convey to us information about how you browse and use our Online Services. You may opt-out from allowing us to have access to your location data by adjusting the permissions in your mobile device, though some features of our Online Services may not function properly if use or availability of location data is impaired or disabled.
Information We Receive From Third Parties
We may receive Information about you from third parties. For example, if you access our Online Services through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain information about your use of its service to us. We may also receive Information you have provided to our affiliates. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.
How We You Use Your Information
We use your Information, including Personal Information, for a variety of business purposes, including:
- providing our products and services to you
- communicating with you regarding Porsche, and its products, services, and Events
- customizing your Porsche experience
- creating and managing your online login registration
- responding to your inquiries, comments, or postings
- administering our Events
- improving and customizing our Online Services
- internal operations such as enhancing our products and services, marketing efforts, and to conduct research and analysis
- developing new products and services
- processing payments
- investigating or settling inquires or disputes
- marketing purposes
- enforcing our Terms and Conditions Use; and/or
- protecting the security and integrity of our business and our Online Services.
Your Choices In How We Use Your Information
While Porsche may contact you with offers and information concerning Porsche or its products, services or Events, you always have the choice not to receive such items. At the time of purchasing a product from the Site, you will be given a choice whether to receive promotional e-mails from Porsche. Each promotional e-mail you receive from us will provide you a specific opt-out mechanism to allow you to unsubscribe from receipt of these promotional e-mails. You may contact us as described in the below Contact Us section to communicate your marketing preferences and request to be removed from marketing lists.
Even if you choose not to receive promotional e-mails or mailings from Porsche, we may continue to use your Personal Information in order to contact you in connection with product recalls or other transactional purposes.
How We Share Your Information
Porsche does not sell or rent your Personal Information to third parties for their marketing purposes.
We share and disclose your Information as follows:
- with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of our Online Services, payment processing, communications, and marketing research and analysis
- with members of our affiliated group of companies for promotional or other purposes
- to manage and administer Events
- to comply with law, a court order, or other legal process, or in connection with a legal investigation
- as may be necessary to protect the rights and interests of Porsche, its affiliates, and our and their respective employees, customers, visitors, users, or any other person or entity
- to enforce any applicable terms and conditions and other agreements
- in the event of a corporate transaction, such as a merger, reorganization, or acquisition, in which event your Personal Information may be transferred to the acquiring company
- in aggregated or other non-personally identifiable form
- in accordance with your consent.
If you wish to opt out of any of the data sharing practices described in this section, please contact us as described in the below Contact Us section.
California’s Do Not Track Notice
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, our Online Services are unable to respond to Do Not Track Signals.
Porsche does not allow third parties to collect Personal Information when you use our Online Services for their promotional purposes. We do use third party web analytics services, such as Google Analytics, to help us obtain and analyze information about your browsing and usage habits.
How We Protect Your Information
We implement reasonable technical, administrative, and physical safeguards to keep your Personal Information secure. For example, when you submit sensitive Personal Information, such as credit card information, through our Online Services, we utilize secure sockets layer (SSL) encryption technology. We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use. However, no data transmission is guaranteed as 100% secure.
"Phishing" is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information, please notify us as provided below in the Contact Us section.
Our Online Services are not intended for use by children under 16. We do not knowingly collect Personal Information from children under the age of 16 without parental or guardian consent. Please contact us via the Contact Information provided below if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will work to delete it.
To request a summary of the changes made to the last version dated February 6, 2008, please contact us as described above.
Effective Date: April 5, 2018 Copyright © 2018 Porsche Design of America, Inc.
Terms & Conditions for the "Driven 30-Day Porsche Design Sportswear Instagram Challenge"
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OF PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Porsche Design of America, Inc. Plaza Tower, 600 Anton Boulevard, Suite 1280, Costa Mesa, California USA 92626 ("PDOA" or Sponsor).
The Porsche Design Sportswear 30-Day Challenge Contest ("Contest") is open to persons who, as of March 7, 2019: (a) are legal residents of the United States of America; and (b) are twenty-one (21) years or older. Employees, officers, and directors of Sponsors and its parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies, any other persons or entities involved in the development and/or administration of this Contest (collectively, "Contest Entities") and the immediate family members (parent, child, sibling, or spouse) and/or household members (whether or not related) of such Contest Entities are not eligible to participate in this Contest. To enter this Contest and/or receive a prize, you must fully comply with these Official Rules and, by participating in this Contest, you agree to abide by and be bound by these Official Rules and the decisions of Sponsor and its designees, whose decisions shall be binding and final in all aspects relating to this Contest.
3. Contest Period
The Contest entry period begins at 12:00:00 AM Pacific Time ("PT") on March 7, 2019 and ends at 11:59:59 PM PST on April 5th, 2019 ("Contest Period"). Pacific Time shall control for all purposes of this Contest. Sponsor's clock shall be the official time-keeping device for all purposes of this Contest.
4. How to Enter
To enter, (a) visit any Porsche Design location during regular business hours; (b) try on your favorite Porsche Design Sportswear by Puma Spring/Summer 2019 look; (c) take a photograph of yourself in the sportswear described in (b); (d) upload your photograph to Instagram tagging @porschedesignofficial and with the hashtag #PorscheDesignSportswear, #PorscheDesignXPuma and #DrivenByUrbanDynamics; and (e) explain in your Instagram post "What drives you?"
Each photograph and text associated with the photograph (collectively, "Entry" or "Entries) must comply with the "Entry Guidelines and Requirements" below. By participating in the Contest, each participant declares that his/her Entry may be utilized by Sponsor or Contest Entities in any way, shape or form.
Instagram is not affiliated in any way with this Contest, Sponsor, or Contest Entities. The use of the Instagram in connection with this Contest is not intended to create a sense of endorsement or sponsorship by, or other association with this Contest, Sponsor, or Contest Entities.
5. Entry Guidelines and Requirements
LIMIT ONE ENTRY PER PERSON. Submission/upload of multiple Entries by or on behalf of the same person will result in ineligibility with respect to all Entries submitted/uploaded by or on behalf of that person. Entries must be submitted/uploaded by the entrant.
Each entry submitted in connection with this Contest must be: (1) in English; (b) no more then 20 words in length; (c) the entrant's original photograph and text; and (d) not include any other person besides the entrant.
Entries must not, as determined in Sponsor's sole and absolute direction: (a) have ever been previously published; (b) infringe upon any rights of any third party including, without limitation, copyright, trademark and rights of publicity and/or privacy; (c) copy, incorporate, or include music or video; (d) be or contain any content that is or may be perceived as violent, immoral, defamatory, derogatory, offensive, illegal, sexually suggestive, obscene, or similarly inappropriate, or that represents Content Entities in a negative way or in any manner not consistent with their brand and/or reputation; (e) contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property; (f) suggest or imply to any person to undertake any danger, unsafe, or unduly risky activity; (g) be dangerous or unsafe to make or produce; (h) contain any mention, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image or intellectual property of any business or company (other than Sponsor) without that entity's prior written consent; and (i) contain any names or private and/or sensitive information about the entrant or anyone else. Such inappropriate Entries are strictly prohibited, and any Entry in violation of the above requirements and restrictions, as determined in Sponsor's sole and absolute discretion, shall be deemed void.
By submitting an Entry in this Contest, each entrant represents and warrants that the above requirements have been met. Failure to satisfy these requirements, as determined in Sponsor's sole and absolute discretion, may result in ineligibility with respect to all Entries submitted or on behalf of that entrant.
Once submitted, Entries cannot be deleted, canceled, or modified. All Entries must be received during the Contest Period, as defined above. Incomplete and/or incorrect Entries will be voided and ineligible for a prize. Proof of submission will not be deemed to be proof of receipt by Sponsor. Normal Internet access, phone, and usage charges imposed by your Internet and/or phone service(s) may apply. In the event of the dispute over the identity of an entrant or potential winner, the Entry will be deemed to have been made by the authorized holder of the Instagram account from where the Entry came, and a potential winner may be required to provide identification sufficient to show that s/he is the authorized holder of such Instagram account.
Once an Entry has been submitted pursuant to these Official Rules, the entrant (or anyone else acting on behalf of the entrant) may not distribute, disseminate, sell, use license, or post the Entry or any copies thereof in any medium (including other Internet sites or social media platforms) without the prior express written consent of Sponsor. All Entries submitted in connection with this Contest will be reviewed to ensure compliance with these Official Rules. Sponsor shall have absolutely no obligation to give feedback or reasoning for why an Entry is refused entry in the Contest, and Sponsor and its designees shall have the sold right to reject or remove an Entry from the Contest at any time.
6. Representation and Warranties/Indemnification
Each person who enters this Contest represents and warrants that s/he will abide by and comply with these Official Rules. Each entrant further represents and warrants that the Entry s/he submits does not contain any material that would defame or otherwise violate or infringe upon the rights of the any third party, including patents, copyrights, trademarks, or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that it believes contains obscene, offensive, or inappropriate content that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Contest. Each entrant hereby agrees to indemnify and hold harmless Contest Entities from and against any all third-party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising ot of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
7. Use of Entries
8. Judging Criteria
All Entries shall be judged based on the following weighted criteria: (a) 50% for content quality (photo clarity, lighting, and focus); and (b) 50% for originality/creativity. In the event of a tie, Entries shall be rated on an additional category by the same panel of judges based on "overall impression." The rating of the "overall impression" category shall be based on a scale of (1) to ten (10) with (1) being the lowest score and ten (10) being the highest score. The tie shall be broken and awarded to the highest cumulative score of the "overall impression" category rating from all participating judges.
9. Selection of Winners
Following the Contest Period, judges shall judge all eligible Entries submitted based on the "Judging Criteria" above and select three (3) winning Entries (first place, second place and third place).
10. Winner Notification
On or about May 7, 2019, Sponsor or its representatives will attempt to notify the potential winners of their winning status via direct message to the Instagram account from where the potential wining entries originated. Before a Prize (defined below) is awarded, each potential winner will be required to complete, sign and return an Affidavit of Eligibility and, where lawful, a Liability/Publicity Release ("Release")(collectively,"Affidavit and Release") within five (5) days of notification. If a potential winner does not sign and return the Affidavit and Release by the time indicated on the documents, or if a potential winner does not meet eligibility criteria or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted by May 22, 2019, that potential winner may be deemed, in Sponsor's sole discretion, to have forfeited a Prize, and an alternate potential winner may be selected. Those who do not win will not be contacted.
First Place - one (1) first place winner will receive a head-to-toe Porsche Design Sportswear by Puma look. Approximate Retail Value ("ARV") of First Place Prize: $590.
Second Place - one (1) second place winner will receive one (1) pair of Porsche Design Sportswear by Puma sneakers. ARV of Second Place Prize: $260/
Third Place - one (1) third place winner will receive one (1) Porsche Design Sportswear by Puma t-shirt. ARV of Third Place Prize: $120.
All other expenses not specifically mentioned herein, including but not limited to taxes, are the sole responsibility of Winner.
The odds of winning a Prize depend on the total number of eligible entries received.
13. Prize Redemption
To redeem a Prize, a Winner must contact Sponsor's designated representative pursuant to the directions included in the notice. Winner may be issued an IRS form 1099 for the retail value of the Prize and is advised to seek independent counsel regarding the tax implications of prize winnings. All local, state, and federal taxes are solely the responsibility of the Winner. No substitution, transfer, or exchange of the Prize or portion of the Prize or election of cash in lieu of the Prize or portion of the Prize will be permitted. Prize is subject to availability, and Sponsor reserves the right, in its sole discretion to substitute any portion of the Prize package with another prize or prize portion of equal or greater value (or cash equivalent) in the event that the Prize (or any portion thereof) is not available.
Except where and as may be prohibited by law, participation in the Contest and acceptance of a prize constitutes express permissions of each winner for Sponsor and those acting pursuant to the authority of Sponsor to use such winner's Entry, name, Instagram handle/username, photograph, image, likeness, voice, opinions, city and state for advertising, trade, promotion, and publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.
15. General Conditions
This Contest is subject to all applicable federal, state and local laws and regulations. Contest Entities are not responsible for incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error, which may occur in the processing of the Contest entries. Contest Entities are not responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled, or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures, or difficulties or for other errors, omissions, interruptions or deletions of any kind whether human, mechanical, or electronic or for any damage to any person's computer, phone, tablet or other device related to participating in the Contest. By participating in this Contest, entrants waive any rights to claim ambiguity in these Official Rules.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to modify, cancel, or suspend this Contest and award the Prizes in accordance with the winner selection process described above from among all eligible entries received as of such date should fraud, virus, bugs, or other causes beyond Sponsor's control corrupt the administration, fairness, properly play or security of the Contest. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to disqualify any individual it or its designees finds to be attempting to tamper with or undermine the entry process, any website associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Contest Entities are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt, use or misuse of any prize.
16. Limitations of Liability
By participating in this Contest and/or accepting a prize, each participant agrees to release Contest Entities from any and all liability whatsoever for any injuries, losses or damages of any kind caused by entering the Contest or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse or prize awarded. IN NOT EVENT WILL CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES OR LIABILITY OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
17. Disputes/Governing Law
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrants, Sponsor, and other Contest Entities in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other then the State of Georgia. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Georgia, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules and/or this Contest. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provisions were not contained herein.
18. Privacy/Use of Data
19. Disclosure of Winner
To request the name (first name and last initial) and city/state of residences of each Winner, please send a self-addressed, stamped business size envelope, for receipt by August 17, 2019 to: Porsche Design of America, Inc. c/o Marketing Department, 600 Anton Blvd., Suite 1280, Costa Mesa, CA 92626.
© 2019 Porsche Design of America, Inc. All rights reserved. All trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries.