Air Academy Federal Credit Union 2018 iheartradio Country Festival Flyaway Sweepstakes Official Rules

Transcription

1 Air Academy Federal Credit Union 2018 iheartradio Country Festival Flyaway Sweepstakes Official Rules 1. NO PURCHASE, CONSIDERATION, OR TRANSACTION IS NECESSARY TO ENTER OR WIN THE 2018 iheartradio Country Festival Flyaway Sweepstakes. VOID WHERE PROHIBITED. 2. Company: iheartmedia + Entertainment, Inc. (the Company ) is the provider of the sweepstakes Prize(s). The address for iheartmedia + Entertainment, Inc. is 200 East Basse Road, San Antonio, TX Sponsor: Air Academy Federal Credit Union (the Sponsor ) is the sponsor of the sweepstakes. The address for Air Academy Federal Credit Union is 9810 N. Union Blvd, Colorado Springs, CO Eligibility Period/Description: 2018 iheartradio Country Festival Flyaway Sweepstakes (the Sweepstakes ) begins on 03/01/2018, at 12:01 a.m. Mountain Time ( MT ) and ends on 03/31/2018, at 11:59:59 p.m. MT (the Sweepstakes Eligibility Period ). There will be one (1) Prize Winner selected at random out of all eligible entries received during the entire Sweepstakes Eligibility Period to be awarded one (1) Prize. 5. Eligibility: This Sweepstakes is open only to individuals who (i) are legal residents of the 50 United States or the District of Columbia, and (ii) who are 18 years of age or older at the time of entry (19 or older if a resident of Alabama or Nebraska). Participant in Sweepstakes herein referred to as Entrant (the Entrant ). If you are not a legal resident of the United States, or you are not the required age as of time of entry, you are not eligible to enter this Sweepstakes or to win a Prize. Employees, contractors, officers and directors of Company or Sponsor, its affiliates, subsidiaries, and any third party Prize provider(s) and/or Prize fulfillment service (collectively, the "Sweepstakes Entities ; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the Prize. Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Company or Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a Prize in this Sweepstakes. Void where prohibited by law. All sweepstakes entries have an equal chance of winning. Participation constitutes Entrant s full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Sweepstakes. Winning the Prize is contingent upon fulfilling all requirements set forth herein. All eligible entries received during the Eligibility Period will be entered in to the Sweepstakes. The decision of the Sponsor will be final and binding on all matters relating to this sweepstakes. 6. How to Enter: NO PURCHASE, CONSIDERATION, OR TRANSACTION IS NECESSARY TO ENTER OR WIN.

2 7. Sweepstakes Entries: There are two ways to enter the Sweepstakes: (1) During the Sweepstakes Eligibility Period, visit and click on the entry form. Complete and submit the entry form with all required information (including your name, address, phone number, address, date of birth, and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes. (2) An alternate entry form may be submitted with a limit of one entry form per member, per day. Any Entrant who would like to participate using the alternate entry method will receive one (1) entry by printing your full name, address (no P.O. Box accepted), city, state, zip code, address, phone number and date of birth on a plain piece of 3" x 5" paper and mail it in a stamped, hand-addressed business-size envelope that is postmarked during the Sweepstakes Eligibility Period to: Air Academy Federal Credit Union, RE: 2018 iheartradio Country Festival Flyaway Sweepstakes, P.O. Box 62910, Colorado Springs, CO Such mail-in entries will be placed into the Drawing in accordance with the postmark date of the entry form. There is a limit of one entry per outer mailing envelope. Sponsor shall not be responsible for illegible, damaged, lost, late, stolen, postage-due, incomplete, undelivered/undeliverable, misdirected or returned mail. By completing and submitting the mail-in entry form, the member agrees to the Official Rules for this Sweepstakes, and to the decisions made by Company and Sponsor. You further agree that there is no appeal or manner in which to object to the decisions, opinions or determinations of Sponsor. There is a limit of One (1) entry per person/ address/household per Day during the Sweepstakes Eligibility Period for all entry methods. For purposes of this Sweepstakes, a "Day" shall be defined as each calendar day, beginning at 12:00:00 am MT and ending at 11:59:59 pm MT on that same day. Entries must contain all information required to be valid. The Company and Sponsor are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple Entrants are not permitted to share the same address. Should multiple users of the same account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said account or mobile phone account at the time of entry will be considered the Entrant. "Authorized account holder" is defined as the natural person who is assigned an address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning addresses, phone numbers or the domain associated with the submitted address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor's computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned. By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your Prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible. You further agree that there is no appeal or manner in which to object to the decisions, opinions or determinations of Sponsor.

3 8. Prize: Round-trip domestic, coach air transportation for one (1) Grand Prize winner and one (1) guest from the major commercial airport nearest winner s residence (as determined by Company in its sole discretion) within the 50 United States or the District of Columbia to Austin, TX; Ground transportation to and from the Austin airport and the hotel; Two (2) nights hotel accommodations in one (1) double occupancy, standard hotel room (on nights of May 4 and May 5, 2018); Ground transportation to and from the hotel and venue; Two (2) tickets to attend the 2018 iheartradio Country Festival at the Frank Erwin Center in Austin, TX on May 5, Please refer to the PRIZE(S) RULES, TERMS AND CONDITIONS section below for complete Prize details and restrictions. 9. Liability/General Rules: By entering the Sweepstakes, each Entrant agrees that he/she has read these Official Rules and that he/she will be strictly bound by them. Sponsor is not responsible for any loss that may occur in connection with the Sweepstakes. Entrant agrees to hold Sponsor harmless from any liability arising from the participation in the Sweepstakes or the acceptance, receipt, possession, or misuse of the Prize. Sponsor and each of its employees, officials, directors, members, and representatives and agents are not responsible for any negligence, claims, liability, injury, property loss, or other damages of the Entrants and/or misuse of Prizes awarded or participation in the Sweepstakes. Sponsor is not responsible for incorrect or inaccurate information, whether caused by tampering, hacking, or by any of the equipment or programming associated with the Sweepstakes. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, viruses, tampering, or any other factor beyond Sponsor s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award all Prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. The failure of Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. No more than the stated number of Prizes will be awarded. Prizes cannot be substituted, assigned or transferred by Winner. Sponsor reserves the right to substitute a Prize of equal or greater value should the featured Prize become unavailable for any reason, but is not obligated to do so. Sponsor reserves the right to disqualify Entrants who fail to follow these Official Rules and regulations, or who make any misrepresentations relative to the Sweepstakes and redemption of Prize. 10. Winner Notification and Prize Redemption: On or about April 5, 2018, the Sponsor will randomly select one (1) potential Sweepstakes winner from among all eligible entries collectively received during the Entry Period. Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an Entrant is unable to verify his/her information, the Entrant will automatically be disqualified and their Prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events. The potential winner will be notified by phone at the phone number provided during registration. THE SPONSOR WILL CALL EACH POTENTIAL WINNER THREE (3) TIMES WITHIN ONE (1) HOUR. SAID

4 POTENTIAL WINNER MUST ANSWER ONE OF THE CALLS. IF THE POTENTIAL WINNER DOES NOT PICK UP ONE OF THE CALLS WITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. Sponsor is not obligated to and will not leave a voic or other message when contacting the potential winner. Notification is deemed to have occurred immediately upon placing of a phone call. The Sponsor is not responsible for any change of address, mailing address, and/or telephone number of Entrants. The Sweepstakes Company and Sponsor are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s). If the potential winner does not claim the Prize within the appropriate time given upon, the Entrant will automatically be disqualified and their Prize will be forfeited. As a condition of participating in the Sweepstakes, Entrants agree and acknowledge that in order to receive a Prize and be deemed a winner, Entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the Prize conditions. The potential Prize winner may (in Sponsor's sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to Entrants address in order for the potential Prize winner to be qualified for the Prize, unless otherwise stated herein or at the time of notification. The potential Prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion. 11. Publicity Authorization: Winner agrees to allow Company and/or Sponsor to use his/her name in promotional and other Sponsor materials without additional compensation or permission, except where prohibited by law. To protect the Winner s privacy, only the Winner s first name and first letter of the last name will be used in promotional or publicity communications (examples Jane D., John H.). Winner will be given the opportunity to disclaim the Prize before their first name and first initial of their last name is displayed on Company and/or Sponsor s social media and website. 12. Contact Authorization: All Entrants to the Sweepstakes authorize Sponsor to contact Entrants via the address provided on the entry form regarding this Sweepstakes and any other promotional events, products, and/or services offered by Sponsor either currently or in the future. Entrants have the right to revoke this Contact Authorization at any time by contacting Sponsor through any reasonable means. 13. Privacy: Any personally identifiable information collected during your participation in this Sweepstakes will be collected by the Sponsor and used by it and its agents for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules, for any additional opt-in information you agreed to upon participation, and in accordance with the Sponsor s Privacy Policy, posted at and as allowed by law. 14. Tax Reporting: Value of Prize is $2,500 (USD). Sponsor will report all Prize winnings to the appropriate agencies as required by applicable law. Winner is responsible for all tax consequences

5 (if any) of the Prizes and will be required to furnish a taxpayer identification number prior to claiming any Prize. 15. Arbitration: Except where prohibited by law, as a condition of participation in this Sweepstakes, Entrant agrees that (1) any disputes and causes of action arising out of or connected with this Sweepstakes and or any Prizes awarded, shall be resolved individually, without resorting to any form of class action, and exclusively, by final and binding arbitration under the rules of the American Arbitration Association ( AAA ) and shall be held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights, claims, punitive, incidental, or consequential damages, or any other damages, including attorney s fees, other than Entrants actual out-of-pocket expenses (i.e., cost associated with entering the Sweepstakes), and Entrant further waives all rights to have damages multiplied or increased. 16. Odds of Winning: The odds of winning the Prize depend on the number of eligible entries received. 17. Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforcement of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Colorado without regard to choice of law rules. 18. Consumer Disclosure: Each Entrant hereby agrees to release, indemnify, and hold harmless Sponsor, Company and other individuals or entities involved in the administration, development, fulfillment, and execution of the Sweepstakes and all of their immediate family members (spouse, parent, child, sibling, in-law and/or the household members of each). The Sweepstakes is intended solely for viewing and participation in the United States and shall be construed and evaluated solely under United States federal, state, and local laws. The Sweepstakes is void where prohibited, taxed, or restricted by law. Participation constitutes Entrant s full and unconditional agreement to these Official Rules and the decision of Sponsor, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein (see Eligibility section for the definition of an eligible Entrant). 19. General Prize Terms: No more than the advertised number of Prizes shall be awarded. The Prize is subject to certain terms and conditions as specified herein. A Prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Company's sole discretion. Prize details and availability are subject to change. Company is not the supplier or guarantor of any Prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment company. The Prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the Prize acceptance, the Prize, and/or Prize use not specified herein as being provided are the sole responsibility of winner(s). The Prize(s) that may be awarded to the eligible winner(s) are detailed below. 20. Prize Description: Round-trip domestic, coach air transportation for one (1) Grand Prize winner and one (1) guest from the major commercial airport nearest winner s residence (as determined

6 by Company in its sole discretion) within the 50 United States/Washington D.C. to Austin, TX; Ground transportation to and from the Austin airport and the hotel; Two (2) nights hotel accommodations in one (1) double occupancy, standard hotel room (on nights of May 4 and May 5, 2018); Ground transportation to and from the hotel and venue; Two (2) tickets to attend the 2018 iheartradio Country Festival at the Frank Erwin Center in Austin, TX on May 5, Approximate Retail Value ( ARV ) of each Grand Prize: $2, Trip Prize Conditions: All Prize packages shall include round-trip, Coach class transportation for winner from a major commercial airport near winner s home to the destination and double occupancy standard hotel rooms as specified in herein. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Rules. Selection of airline and hotel are solely within Company s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the Prizewinner(s) is unavailable for travel on the designated dates, the specified or Prize will be forfeited and may or may not be awarded to an alternate Prizewinner(s) at the sole discretion of the Company. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) MAY ONLY ACCOMPANY THE WINNER AS A TRAVEL GUEST IF THE WINNER IS THE MINOR S PARENT OR LEGAL GUARDIAN. ALL MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN-FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR S PARENT OR LEGAL GUARDIAN. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid United States driver s license) required for travel. If the trip requires traveling outside the United States, the winner, upon winning the Prize, must have a valid United States passport. If the winner does not have a valid United States passport upon winning the Prize, the trip may be forfeited and an alternate winner will be selected, in the Company s sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport. If a winner does not have or is unable to obtain a passport within any time constraints related to the Prize, the winner will be disqualified. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of the Company and Sponsor, air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at the Company s sole and absolute discretion. The difference in value will not be awarded to the Prize winner. The Company and Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, Prize providers or any other persons providing any Prize-related services or accommodations. Additional Prize award details and travel information to be provided to the Prizewinner at the time of notification. Winner and guest will be required to complete and return the applicable forms and releases. Winner must sign a Prize acceptance form, provide the information for their

7 travel guest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Company and Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Company and Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed Prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the Prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Company and Sponsor shall have no further responsibility for that portion of the Prize and the Prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this Prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Company and Sponsor will not be responsible for replacing that portion of the Prize. The Company and Sponsor are not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by sponsor. The Company and Sponsor are not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Company and Sponsor are not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner s expense. All Prizes or Prize vouchers must be redeemed as stated in the Prize notification or otherwise stated in the Official Rules. 22. Prize Rules: Failure to collect or properly claim any Prize in accordance with these rules will result in forfeiture of the Prize. If forfeited for any reason, winner will not receive any other Prize substitution or compensation, and the Prize will remain the property of the Company and Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Company s Prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Company s Prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a Prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, AIR TRAVEL, ETC., SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE COMPANY, SPONSOR, AND OTHER RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.

8 23. Prize Disclaimers: The Company and Sponsor are not responsible for any delay, cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company and Sponsor reserves the right to not award the Prize associated with that canceled event, or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company s sole discretion or may be predetermined as supplied by the Company. The Company and Sponsor reserve the right to substitute a Prize, in whole or in part, with another Prize (or Prize component) of equal or greater value or alternatively may substitute such Prize with a comparable Prize (or Prize component) of like per the Company s discretion, if for any reason a Prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the concert and/or other Sweepstakes Prize events. Company, Sponsor, and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest) who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert and/or other Sweepstakes Prize event or in any other objectionable behavior. If, after a Prize has been selected and ticketing has been completed, concert is cancelled, such portions of the Prize will be forfeited and the Company and Sponsor shall have no further obligation to winner. Winner(s) must present state authorized identification prior to being awarded the Prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any Prize when winner will be issued an IRS Form 1099 reflecting the actual value of all Prizes won. If actual value of the Prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the Prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. 24. Prize Restrictions: Limit: One (1) Prize per person/household for this Sweepstakes. Winner(s) and winner s household members cannot have won a Prize through any Company or Sponsor promotion in the thirty (30) days prior to this Sweepstakes start date. ALL PRIZES ARE AWARDED AS IS AND THE COMPANY AND SPONSOR DOES NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.