7.LIMITATION OF LIABILITY
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR IN ANY WAY LIMIT THE LIABILITY OF THE SPONSOR FOR FRAUD, WILLFUL MISCONDUCT, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR ANY OTHER LIABILITY TO THE EXTENT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
With the exception of the foregoing, to the extent permitted by law, the total liability of the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfilment and marketing agencies, website providers and each of their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, “Released Parties”) shall not exceed SGD 100 (or the local currency equivalent).
The limitation of liability in this clause applies to every kind of liability of the Released Parties, arising under or in connection with this Promotion and/or these Terms and Conditions, including but not limited to liability in contract, tort (including negligence), misrepresentation or otherwise.
To illustrate, this clause applies to any liability arising from or in connection with the following non-exhaustive events:
a.lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail;
b.any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability;
c.garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion;
d.any technical, mechanical, printing or typographical or other error;
e.the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information;
f.any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to this Promotion;
g.any injury or damage to any person’s computer related to or resulting from participating in this Promotion and/or accepting a Prize;
h.entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with these Terms and Conditions;
i.any unanswered or undeliverable winner notifications;
j.this Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the Entrant’s entries, participation or inability to participate in this Promotion;
k.any violation or infringement of privacy or intellectual property rights of any kind;
l.acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof);
m.any change in the prizing (or any components thereof);
n.human error;
o.any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties;
p.lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof);
q.the negligence or wilful misconduct or deliberate breach of these Terms and Conditions by the Entrant;
r.cancellation, termination, modification and/or suspension of this Promotion;
s.selection of winners.
If this Promotion is not capable of running as planned, whether due to governmental regulations or not, the Sponsor reserves the right to cancel, terminate, modify or suspend this Promotion (unless such cancellation, termination, modification or suspension is prohibited by competent licensing or other governmental authorities or applicable regulations) and/or to proceed with this Promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Terms and Conditions. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Terms and Conditions, a random drawing among the potential winners will be held to determine the winner.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.