3. MINIMUM AGE. You must be at least 18 years old to participate in this Survey. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement.
4. CONSIDERATION. This Survey is not intended to act as a contest, lottery or sweepstakes. All participants in the Survey shall receive a $10 Amazon.com gift card. Said gift card acts as legal consideration for participating in the Survey. No luck, chance or skill is required to obtain the gift card. To the extent this provision is challenged, no purchase is required to participate in the Survey.
5. PARTICIPANT INVOLVEMENT IN FOOD TRUCK INDUSTRY. Only individuals who work as employees in the food truck industry or are in a position of ownership of a food truck business may participate in this Survey. Participants must be invited to participate by FoodTruckr.com. By participating in this Survey, you represent you are either an employee or owner in the food truck industry and have been invited by a FoodTruckr.com representative to participate in the Survey.
6. OFFICIAL RULES OF PARTICIPATION. Individuals seeking to participate in the Survey must comply with the following to be considered official participants of the Survey.
You may only enter the survey one time,
You must be over 18 years old,
You must be a citizen or reside in the United States,
You must be an employee or owner in the food truck industry,
You must have been invited to take the survey by a FoodTruckr.com representative,
You must agree to a $10 Amazon.com gift card as the payment for taking the survey,
You must provide an accurate email address to receive your $10 Amazon.com gift card in consideration of taking the survey, and
You shall not provide any information considered a proprietary business secret without first gaining approval of the parties responsible for said information,
7. PARTICIPANT INVITATION VERIFICATION. Participants in the Survey must be invited to participate by a FoodTruckr.com representative. You must provide the email you received an invitation from a FoodTruckr.com representative during the Survey to receive the $10 Amazon Gift Card. Failure to do so will constitute a violation of this Agreement and no consideration shall be provided.
8. SURVEY PERIOD. This Survey shall run for a period of one calendar month starting March 10, 2014 and ending April 9, 2014. No further survey participation will be allowed following this time period.
9. SURVEY SPONSOR. The Survey sponsor is Flynndustries, LLC, dba FoodTrucrk.com with an address of 9450 Mira Mesa Blvd. STE C224, San Diego, CA 92126.
10. RELEASE: By receipt of the $10 Amazon.com gift card, participant agrees to release and hold harmless Sponsor, and its respective employees, officers, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Survey.
11. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Survey; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Survey process; (4) technical or human error which may occur in the administration of the Survey or the processing of submissions; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Survey or receipt or use or misuse of any prize.
12. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Survey shall be resolved individually, without resort to any form of class action and (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Survey, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
13. PUBLICITY: The identity of a participant in the Survey will not be revealed in the publication of Survey data or any publications created based on said data. Should the identity of an individual participant be sought for public disclosure, we will first obtain permission from you to reveal your identity.
14. GENERAL PROVISIONS: We reserve the right to cancel, suspend and/or modify the Survey, or any part of it, if any fraud, technical failures or any other factor beyond our reasonable control impairs the integrity or proper functioning of the Survey, as determined by us in our sole discretion. We reserve the right, in our sole discretion, to disqualify any individual we find to be tampering with the entry process or the operation of the survey or to be acting in violation of these Terms. Any attempt by any person to deliberately undermine the legitimate operation of the Survey may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
15. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You shall be compensated with a $10 Amazon.com gift card for this participation. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
16. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
17. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
19. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or instituting a “DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
20. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement, of any intellectual property or other right of any person or entity including business trade secrets. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
21. COPYRIGHT. All contents of Site or Service are: Copyright © 2014 Flynndustries, LLC.
23. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
25. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment, which we determine is material in our sole discretion, we shall:
Provide you notice by email of said change 5 days prior to the change going into force.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.