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Draper James Tailgate Color Poll


1. WHO CAN VOTE. To vote you must be at least 13 years old as of the date of voting.

2. HOW TO VOTE. Limit: One vote per person/per IP Address/per contest during the Voting Period. All voter information, including email addresses, is subject to the respective Privacy Policy of the applicable Publisher. Voting ends on October 16, 2016 at 11:59PM ET.

3. CONSENT AND RELEASE. By voting, each voter releases and discharges Draper James (the “Publisher”), and any other party associated with the development or administration of this poll, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Publisher Entities”), from any and all liability whatsoever in connection with this poll, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).

4. DISCLAIMERS. (i) Publisher is not responsible for votes that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Publisher’s servers or elsewhere. In the event of a dispute, votes will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Publisher, in its sole discretion, reserves the right to disqualify any votes it believes violate these rules. (iii) Publisher, in its sole discretion, reserves the right to disqualify any business or person tampering with the voting process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the poll. Use of bots or other automated process to vote is prohibited and may result in disqualification at the sole discretion of Publisher. Offering potential voters a tangible reward or incentive for voting (e.g., buying votes, offering services or discounts in exchange for votes, providing entry into a sweepstakes for votes) is prohibited. (iv) Publisher further reserves the right to cancel, terminate or modify the poll if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Publisher Entities are not responsible for errors in the administration or fulfillment of this poll, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this promotion based upon such error at its sole discretion without liability. (v) PUBLISHER ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS POLL(vii) CAUTION: ANY ATTEMPT BY AN VOTER TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS POLL MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PUBLISHER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH VOTER TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

5. APPLICABLE LAWS AND JURISDICTION. This poll is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York.