- General. The BetterBranson.com website is owned and operated by Better Branson, LLC. Better Branson, LLC, has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages.
- Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
- The site contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Better Branson, LLC, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
- You shall not e-mail, upload, post or otherwise make available on the site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to our policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Better Branson, LLC. By submitting material to BetterBranson.com, you automatically grant, or warrant that the owner of such material has expressly granted Better Branson, LLC, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user’s personal use. You grant Better Branson, LLC, the right to edit, copy, display, publish and distribute any materials made available on the site by you.
- The foregoing provisions of Section 3 are for the benefit of Better Branson, LLC, BetterBranson.com, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Better Branson, LLC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS, WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Better Branson, LLC, IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL BETTER BRANSON, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
- Monitoring. Better Branson, LLC, shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Better Branson, LLC, shall have the right to remove any material that it in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Indemnification. You agree to defend, indemnify and hold harmless Better Branson, LLC, and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the site.
- Trademarks. BetterBranson.com and Better Branson, LLC, and each of their logos are trademarks of Better Branson, LLC. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
- Third Party Content. Better Branson, LLC, is not a publisher of content supplied by third parties and users of the site. Accordingly, Better Branson, LLC, has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Better Branson, LLC. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Better Branson, LLC, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Better Branson, LLC, employee spokespersons while acting in their official capacities.
- Viruses. Better Branson, LLC, also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
- Business Associates. The business associates identified on this Site are not joint venturers or partners of Better Branson, LLC. No employee or representative of the business associates is under the control of Better Branson, LLC.
- Changed Terms. Better Branson, LLC, has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
- Links to Other Websites. The BetterBranson.com website incorporates links to other websites. Better Branson, LLC, does not in any way endorse, nor is responsible for, the content on those other websites.
CONTEST RULES AND REGULATIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: Giveaway (the “Giveaway”) is open only to those who sign up on the online Giveaway page and who are 18 as of the date of entry. The Giveaway is only open to legal residents of United States of America and is void where prohibited by law. Employees of Better Branson, LLC (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 Giveaway. The Giveaway 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 Better Branson, LLC, as final and binding as it relates to the content. The Giveaway is subject to all applicable federal, state and local laws.
3. Giveaway Period: Entries will be accepted online starting on or about October 1, 2018 and ending December 31, 2018. All online entries must be received by December 31, 2018 11:59PM EST.
4. How to Enter: Below are the methods to enter the Giveaway drawing. Enter via the website: The Giveaway may be entered by making a contribution and submitting an entry using the online form provided on this BetterBranson.com site. The entry must fulfill all Giveaway requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Better Branson, LLC. 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 Better Branson, LLC. Free Entry Method: To receive an entry without contributing, mail one self-addressed stamped envelope to: Better Branson, LLC at 320 Commercial Street, Unit 6100 Branson, MO. 65616. Limit one entry request per outer envelope.
5. Additional Conditions: For any reason you may request a refund of your donation and cancellation of your entry(s) within 15 days prior to ending date of the drawing by contacting Better Branson, LLC at 320 Commercial Street, Unit 6100 Branson, MO. 65616. Any incomplete or illegible entries will not be processed. The use of robotic, automatic, macro, programmed, photocopied entries, or multiple entries sent in bulk mail, or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification entry or like sites or services that offers sweepstakes entry services “on behalf of” Entrant) is strictly prohibited. Any attempt by any participant to obtain more than the stated number of tickets or entries by using multiple/different email addresses, identities, registrations and logins, or any other methods may void that participant’s entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, postage due, invalid, unintelligible or misdirected entry applications, which will be disqualified and destroyed. In the event of a dispute as to any entry application, the authorized account holder of the email address, if applicable, used to register will be deemed to be the Entrant. Except in the case of gift entries, all entries must be made in the name of the individual and no transfer of ownership of a ticket is permitted. No entries will be accepted from or on behalf of, corporations, trusts, partnerships, or other entities.
6. Prizes: Winners will receive Branson Hotel 3 night hotel stay, $25 dining certificates, and $50 entertainment credits valued at $350. Actual/appraised value may differ at the 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 Better Branson, LLC to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
7. Odds: The odds of winning depend on the number of eligible entries received in the Giveaway prior to the drawing date.
8. Winner selection and notification: Winners of the Giveaway will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via the contact information provided on the entry form and via email to the email address they entered the Giveaway with within five (5) days following the winner selection. Better Branson, LLC 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 Giveaway 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 GIVEAWAY AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by you: By entering this contest you understand that Better Branson, LLC, anyone acting on behalf of Better Branson, LLC, 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 Giveaway, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
10. Terms: Better Branson, LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveaway 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 Giveaway. In such case, Better Branson, LLC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Better Branson, LLC. Better Branson, LLC 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 Giveaway or website or violates these Terms & Conditions.
Better Branson, LLC has the right, in its sole discretion, to maintain the integrity of the Giveaway, to void entries 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 Giveaway rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws and should such an attempt be made, Better Branson, LLC reserves the right to seek damages from any such person to the fullest extent permitted by law.
By entering the Giveaway you agree to receive email newsletters periodically from Better Branson, LLC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
11. Limitation of Liability: By entering you agree to release and hold harmless Better Branson, LLC 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 Giveaway 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.
12. Disputes: THIS GIVEAWAY IS GOVERNED BY THE LAWS OF UNITED STATES OF AMERICA AND MISSOURI, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Giveaway, 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 Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Missouri 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 Giveaway), and participant further waives all rights to have damages multiplied or increased.
14. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Better Branson, LLC 320 Commercial Street, Unit 6100 Branson, MO. 65616. Requests must be received no later than December 17, 2018.
15. Sponsor: The Sponsor of the Giveaway is Better Branson, LLC 320 Commercial Street, Unit 6100 Branson, MO. 65616.