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«“VIRTUAL CREWMEMBER” ASTRONAUT RICK MASTRACCHIO CONTEST RULES 1. Eligibility: No payment of any kind is necessary to enter or win. VOID WHERE ...»

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11. General Release and Waiver of Claims. By participating in the Contest, or by accepting a Prize, each Participant, or in the case of a minor, each child’s parents or legal guardians, for himself or herself and his or her heirs, hereby releases NASA and the U.S. Government, its employees, NASA’s contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors and subcontractors, at any tier (herein referred to as individually as a “Related Entity” or collectively as “Related Entities”), and employees of NASA’s Related Entities from: (i) any and all liability, loss, harm, damage, cost, expense, or claims, including third party claims, based on publicity and/or privacy rights, defamation, and intellectual property associated with the Participant’s or Winner’s participation in this Contest, redemption of any prize in connection with the Contest, and/or use or misuse of any prize in connection with the Contest, including, but not limited to, all reasonable attorney fees and court costs incurred, property damage, personal injury, and/or death; (ii) any claim related to the development, promotion, and/or execution of this Contest (or participation therein), including preemption, cancellation, or rescheduling; and (iii) any claim that may occur in connection with acceptance and/or use of the Prizes or while participating in the Contest, even if caused or contributed to by the negligence of NASA or its Related Entities, except in the case of willful misconduct.

12. Limitations of Liability.

In no event will the U.S. Government be deemed to have waived its sovereign immunity merely by the fact of NASA sponsoring this Contest. In no event will the U.S. Government be responsible or liable for any injuries, claims, actions, damages, losses, or liability of any kind, including direct, indirect, incidental, consequential, or punitive damages, resulting from or arising from participation in, or the production or administration of the Contest.

NASA shall have no liability relative to the quality of any photograph posted for viewing on NASA’s website for participation in the Contest (whether due to technological limitations, malfunction, human, electronic, computer or other error), nor the selection or placement of any photograph posted on the NASA website for participation in the Contest. The placement or order of photographs posted on the website (including whether or not photographs are removed or substituted from their initial placement) is at NASA’s sole and absolute discretion.

NASA and its Related Entities are not responsible for lost, late, incomplete, stolen, misdirected, illegible, or incomplete entries submitted as answers to the Contest. NASA is not responsible for any incorrect or inaccurate information, whether caused by Participants, tampering, or by any of the equipment or programming associated with or utilized in the Contest.

NASA assumes no responsibility for any error, omission, defect, theft, destruction, or unauthorized access to the materials related to the Contest or for any damage to any computer related to or resulting from participating in the Contest.

IN NO EVENT WILL NASA OR ANY RELATED ENTITY BE RESPONSIBLE OR LIABLE FOR ANY

INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING

DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR

ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF,

THE CONTEST, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY

BE AWARDED. 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 OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF

IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

13. Choice of Law.

U.S. Federal law governs this contest for all purposes, including all issues and questions concerning the construction, validity, interpretation, and enforceability of the Contest Rules, or the rights and obligations of a Participant or other individual and/or NASA in connection with the Contest.

14. Copy of Contest Rules: Contest Rules may be obtained by visiting NASA’s website at XX during the Contest Period.

15. Copy of Winner’s List: A final list of the Contest’s Winners will be posted at NASA’s website for the Contest, available at XX. Only the first name and first initial of the last name of Winners will be provided.

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