Terms & Conditions

Welcome to Black-Buddha hosted by Black Buddha Media Group, Inc., a Delaware corporation (hereafter also referred to as “Black Buddha” “we” and “us”).  Please review the following terms and conditions concerning your use of and access to the Black Buddha website located at www.Black-Buddha.com (and any present and future sub-domains), mobile websites and applications and any services offered therefrom (collectively referred to hereafter as, the “Website”).  By accessing, using, subscribing, purchasing or downloading any goods, materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied by other agreements you enter into with us.  If you do not agree with the Terms & Conditions, you may not use the Website.

The Website provides a venue where individuals who navigate and/or access the Website and/or uses the Services (defined herein) of the Website (hereafter, “You”, “Your”, “User” or “Users”) can learn more about food, drink, travel, fashion and events or deals taking place locally and internationally (the “Content”).

Black Buddha provides the Content on the Website to you as an informational service, but is not the sponsor, source, manufacturer, distributor, supplier or provider of the any goods or services offered by third parties shown or referenced within the Content and makes no representations or warranties and has no control over the quality or availability of goods and services offered by third parties shown or referenced within or the accuracy of the claims made by any such third parties.  To the extent you choose to visit with these third parties or purchase or otherwise transact with such third parties, you do so at your own risk. 

The Terms & Conditions together with the Privacy Policy (accessible via the following link) explain how we operate the Website, the ways that you are permitted to use the Website, tools available at the Website, and any support services available through use of the Website (collectively referred to hereafter as the “Service”).  

Privacy

Any information (including personally identifiable information and payment account information) you submit to our Website is governed by the Privacy Policy (accessible via the following link.  The Privacy Policy encompasses any and all information you may provide to our Website either for purposes of creating an account, submitting an order or inquiry or to receive further information, updates and promotions about or related to the Website or Service.

Website Content, Specifications and Accuracy of Information 

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this Website.  All Content shown, described or depicted on this Website is subject to change at any time without notice.

Certain Content may be provided by third party sources, and Black Buddha assumes no responsibility or liability for such Content and makes no representations or warranties concerning the accuracy or quality of any underlying services or goods offered by third parties. 

Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any Content on this Website at a particular time does not imply or warrant that the Content and its subject matter will be available at any time.  

Accessing and Using the Website/Service

Use of Website Content: All materials provided on the Website, including but not limited to Content, information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials”), are provided either by Black Buddha or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Black Buddha and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise.  Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Black Buddha and/or a Third Party Provider.  Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Black Buddha’s prior express written permission.

Except where expressly provided otherwise by Black Buddha, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Black Buddha’s intellectual property rights, whether by estoppel, implication, or otherwise.  You acknowledge sole responsibility for obtaining any such licenses.  Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Black Buddha.  Black Buddha does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Black Buddha.

You may not use Black Buddha Materials in any manner that could: (i) damage, disable, overburden, or impair the Website and Materials (or any server or networks connected thereto), or (ii) interfere with any third party’s use and/or enjoyment of the Website and Materials (or any server or networks connected thereto).

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is your obligation to comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Black Buddha controls and operates the Website and services associated therewith. 

Customer Account Access

In order to utilize certain services offered by the Website, you may need to create a customer account.  Users will have to provide a user name, password, active email address, birth date, gender and primary geographic location, all subject to the Black Buddha Privacy Policy.  Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for Black Buddha to terminate the account and bar such users from making further access or use of the Website.  You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

By creating a customer account, you consent to receive electronic communications from Black Buddha either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.

Facebook Access. Users will be given the opportunity to log in to their Facebook account through the Website and link their Facebook friend lists to the Website.  Please see the Privacy Policy for details concerning our collection and use of account information in relation thereto.  All access to and use of another user’s Facebook accounts must be in conformity with the Facebook Terms of Use and Privacy Policy, and any violation of Facebook polices can lead to termination of a Website account. 

LINE Access. Users will be given the opportunity to log in to their LINE account through the Website and link their LINE friend lists to the Website.  Please see the Privacy Policy for details concerning our collection and use of account information in relation thereto.  All access to and use of another user’s LINE accounts must be in conformity with the LINE Terms of Use and Privacy Policy, and any violation of LINE polices can lead to termination of a Website account. 

Security

By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password).  You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account.  In addition, you must: (a) log off from your account at the end of each session on our Website and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.  You agree to accept responsibility for all activities that occur under your account. 

Restrictions on and Termination of Use of the Website/Service

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

We have the right to suspend or close any account with us and block your use of our Website if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion).  You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization.  You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal and international laws. 

In consideration of being allowed to use our Website, you agree that the following actions shall constitute a material breach of these Terms & Conditions

Collecting information about our Website, users of our Website or our services without our written consent; Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in our Website, without our written consent; Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro  programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor our Website or any portion thereof; Accessing or using our Website for competitive purposes; Disguising the origin of information transmitted to, from, or through the Website; Impersonating another person or representative of an organization; Distributing viruses or other harmful computer code; Allowing any other person or entity to impersonate you to access or use our Website; Using our Website or our services for any purpose in violation of local, state, national, international laws or regulations; Using our Website or our services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.

Links to Other Websites

The Website may contain links to other websites which may be of interest to you.  We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.  We do not accept responsibility for those sites. Accessing any such links from our Website to gain access to other websites is at your own risk.

Intellectual Property Rights

Except where expressly stated otherwise, Black Buddha or its licensors, including without limitation, Black Buddha Media Group, Inc., is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service.  Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us.  Except where expressly provided otherwise by us, nothing on our Website may be construed to confer any license or ownership right in or materials published or otherwise made available through our Website or our Services, whether by estoppel, implication, or otherwise.  All rights not granted to you in these terms are reserved. 

Copyright and Trademark Infringement Notice

Black Buddha respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Website and Services.  If you believe any material on our Website constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below.  A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees.  Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.  Any copyright or trademark infringement notification must be a written communication, transmitted by fax or regular mail, setting forth the following:

a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf; detailed identification of the copyrighted work or trademark claimed to have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your contact information, including your address, telephone number, and an email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Copyright or Trademark Infringement Notifications should be addressed as follows: E-mail: legal@black-buddha.com

Mailing Address:

Black Buddha Media Group, Inc.

Attn:  Copyright Agent

250 E. 1st Street #806

Los Angeles, CA 90012

 

No Agency Relationship 

Except where provided for in a separate agreement with Black Buddha, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions.  Without limiting the foregoing, except as expressly set forth herein, Black Buddha is not acting and does not act as an agent for any User or visitor of the Website.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS,” AND ARE FOR USE SOLELY AS CONTRACTED HEREIN.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO OUR SITE AND OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF OUR PRODUCTS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.  WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.  WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Black Buddha, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00.  IN NO EVENT SHALL Black Buddha OR THE THIRD PARTY PROVIDERS, INCLUDING BLACK BUDDHA MEDIA GROUP, INC., BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Black Buddha, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS’ FEES CHARGED TO Black Buddha, RESULTING FROM ANY VIOLATION OF THE TERMS & CONDITIONS BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICE ON YOUR BEHALF.  Black Buddha shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with these Terms; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

 

Conflicts

Shall a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.

 

Severability

Any provision of the Terms & Conditions found to be unenforceable will not void nor effect other provisions of this agreement.

 

Governing Law & Exclusive Venue

Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of California and litigated in the County of Los Angeles in the State of California in the United States of America.   Any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California.     

 

Changes to the Terms & Conditions

We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes.  Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in our Services, market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems.

You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you.  Continued access or use of our Website shall be deemed conclusive evidence of your acceptance of any modified terms or conditions. 

 

Miscellaneous

The Terms & Conditions (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications.  We reserve the right to change these Terms & Conditions or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein.  You should visit this page from time to time to review the then current Terms & Conditions because they are binding on you.  Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time.  Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes.  If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms & Conditions without the prior written approval of Black Buddha.  Any purported assignment in violation of this section shall be void.   Black Buddha reserves the right to use third party providers in the provision of the Website and Service.  In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.  Any and all rights not expressly granted herein are reserved by Black Buddha.

 

CURRENT OR LATEST FB SWEEPSTAKES RULES

OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED.


1. Eligibility. Subject to the additional restrictions below, the Black Buddha Sweepstakes (“Sweepstakes”) is open to all persons who are eighteen (18) years of age or older as of the date of entry. For purposes of these Official Rules, all times are Pacific Standard Time (PST). Employees or agents of Black Buddha Media Group, Inc. (“Black Buddha”) and their respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (i.e. parents, children, siblings or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules, the Facebook Statement of Rights and Responsibilities and any other terms that apply to your use of Facebook’s policies and procedures and any other terms that apply to your use of Facebook and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below.

 

2. Sponsor: Black Buddha Media Group, Inc.; 250 E. 1st Street, Suite 806, Los Angeles, CA 90012

 

3. Sweepstakes Term. No current Sweepstakes are running (the “Sweepstakes Term”). Sponsor’s computer is the official time keeping device for the Sweepstakes.

 

4. How To Enter. You may enter the Sweepstakes by visiting https://www.facebook.com/imblackbuddha, ‘liking’ Black Buddha’s Facebook page, and ‘commenting’ on the sweepstakes post. No other methods of delivery will be accepted, including submission by email. ALL ENTRIES MUST BE SUBMITTED DURING THE SWEEPSTAKES TERM. All entries become the exclusive property of Black Buddha and will not be acknowledged or returned. Winner will be selected at random. By entering, you agree to the terms of these Official Rules and to receive e-mails from Black Buddha or those directed by Black Buddha. Limit: Only one (1) entry per person. Black Buddha is not responsible for incomplete, lost, damaged, forged, stolen, postage due, late, undeliverable, misdirected, illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software originating with Black Buddha. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Black Buddha in its sole and exclusive discretion, and Black Buddha reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.

 

5. Prize Drawing. One prize is available to be given away. The winner receives a [$500] airfare travel voucher on United Airlines. Black Buddha’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. The potential winner will be notified immediately via email or through Facebook. Where permitted by law, the potential winner will be required to sign and return to Sponsor, within seven (7) business days of the date the notice is sent, an affidavit of eligibility and liability/publicity in order to claim their prize. If a potential winner cannot be contacted or fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, the potential winner forfeits the prize, unless prohibited by law. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described herein. The potential winner must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, Black Buddha will award the applicable prize to an alternate winner by random drawing held by Sponsor from among all remaining eligible entries received during the Sweepstakes Term.

 

6. Prizes and Odds. The odds of winning the Grand Prize is equal to the one (1) divided by the total number of entrants to the sweepstakes.

 

7. Release and Indemnification. By entering the Sweepstakes, entrants release any and all rights to bring any claim, action or proceeding against Facebook, Black Buddha and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), and further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any third party claims, warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the prizes. By participating in the Sweepstakes and/or accepting any prize that may be awarded, entrants agree to fully indemnify each Released Party from any and all such claims by third parties without limitation. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.

Entrants agree that Black Buddha, Facebook, and any other Released Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Sweepstakes or any Sweepstakes-related activity (including any travel or events related to prizes awarded). Black Buddha, Facebook, and any other Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event Black Buddha is prevented from continuing with the Sweepstakes (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Black Buddha’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Black Buddha shall have the right to modify, suspend, or terminate the Sweepstakes.

 

8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes, in any and all media worldwide, for any purpose and without further payment or consideration, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with Sweepstakes or other promotions, and hereby releases Black Buddha from any liability with respect thereto, unless prohibited by law.

 

9. Participation. By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Black Buddha. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, Black Buddha may randomly select an alternate winner from all remaining eligible entries. Black Buddha reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. Black Buddha is not responsible for any non-intentional, incorrect or inaccurate information associated with this Sweepstakes or for any technical or human error that may occur in the administration of this Sweepstakes. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, Black Buddha reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Black Buddha reserves the right to award prizes based on the entries received before the termination date. The winner releases Sponsor and their affiliated companies from any claims, costs, expenses or liability incurred by winner in connection with this Sweepstakes or winner’s acceptance and use of the prize, including any travel related thereto. Black Buddha’s failure to enforce any of these Official Rules shall not constitute a waiver of that provision.

 

10. 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 Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Black Buddha, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Black Buddha reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND BLACK BUDDHA RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

11. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Black Buddha in connection with the Sweepstakes, shall be (1) governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction and (2) brought exclusively in the state and federal courts located in Los Angeles County, California.

 

12. Entrant’s Personal Information. By entering this Sweepstakes, you are deemed to have accepted the provisions of Sponsor’s privacy policy located at https://black-buddha.com/privacy-policy/.

 

13. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

 

14. Winner List. For a copy of the name of the winner, available after December 31, 2016, or a copy of these Official Rules, visit https://www.facebook.com/imblackbuddha or send a self-addressed, stamped envelope to “Winner List/Official Rules” (as applicable), Black Buddha Sweepstakes at 250 E. 1st Street, Suite 806, Los Angeles, CA 90012.

 

15. Facebook Disclosures. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.

 

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website.  You may contact us at: 

Black Buddha Media Group, Inc.

www.black-buddha.com 

info@black-buddha.com

 


 [AC1]TJ – does this still apply or should we remove it?