Terms & Conditions
- Terms and Conditions
Binding Arbitration. These Terms and Conditions provide that all disputes between you and Company that in any way relate to these Terms and Conditions or your use of the Service will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms and Conditions (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.
- Ownership of the Site, the App and Content
All pages within this Site and the App, all Content (as defined below), and any other material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site and the App are protected by United States and international copyright and trademark laws. The contents of the Site and the App, including without limitation all data, files, software, documents, text, photographs, images, graphics, audio, video, typefaces, and any materials accessed through or made available for use or download through the Site or the App ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms and Conditions or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent. You are permitted to download one copy of the Content for your personal, non-commercial use. You cannot copy or post the Content on any network computer or broadcast it in any media. You also must maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Unless otherwise marked, the Content is copyright © 2016, Skogen's Festival Foods. All Rights Reserved.
All trademarks, trade names, service marks, logos, phrases and designs (including, without limitation, all page headers, custom graphics, button icons and scripts) used on the Site or the App (collectively, the "Marks") are proprietary to Company, or other respective owners that have granted Company the right and license to use such Marks. You may not copy, imitate or use, in whole or in part, any of the Marks.
All rights not expressly granted herein are reserved by Company and Company's content providers.
Subject to your compliance with these Terms and Conditions, Company grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the App, if any, and Company software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App, if any, on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including Company. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason. Any rights not expressly granted herein are reserved by Company.
- Software Updates
In connection with providing any Service, Company may elect to update the software of the App, if any, at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Service.
- Network Access; Service Provider
You are responsible for obtaining the data network access necessary to use the Service. You acknowledge that the terms of any agreement with your respective mobile network provider will continue to apply when using the Service with your wireless-enabled mobile device. Consequently, your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled mobile device. You accept responsibility for any such charges that arise.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Company does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an Account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service.
In order to use certain aspects of the Service, you must register for and maintain an active personal user account (an "Account"). Account registration requires you to submit to Company certain personal information, such as your name and email address. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Service.
Access to your Account will be limited requiring a user ID and password. You agree to access only your Account using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Service may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by Company arising out of your breach of these Terms and Conditions or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your user ID and password.
- Accuracy and Integrity of Information
Although Company attempts to describe products and services as accurately as possible and otherwise attempts to ensure the integrity and accuracy of the Site and App, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, the App and Content thereon. It is possible that the Site or the App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site or the App by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site or the App without notice. Information contained on the Site or the App may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site or the App from any non-Company affiliated third party.
- Typographical Errors and Incorrect Pricing
The prices for products or services on the Site or the App do not necessarily match the prices in our stores. In the event a product or service is listed at an incorrect price due to typographical error, error in pricing information received from our suppliers or otherwise, you will be charged the correct price for such products or services that you purchase.
- Order Acceptance
By submitting an order, you offer to purchase the products or services you select and submit to us. If we do not accept your order, we will not charge you for the products or services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, whether or not the order has been confirmed and the applicable payment account charged at the time of purchase. Some situations that may result in your order being canceled include limitations on quantities available for order, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card or bank account, as applicable, has been charged, we will issue a credit to your applicable payment account in the amount of the charge.
If you need to change or cancel an order, you may do so through your user Account or by contacting us at email@example.com.
- Satisfaction Guarantee
Company believes in making our guests the number one priority. If, for any reason, you are not completely satisfied with your product or service, we will either replace the product or refund your money.
- Quantity Limits and Dealer Sales
Company reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Account, the same payment account, and also to orders that use the same billing address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Company and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion. Company also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from Company for the purpose of engaging in a commercial sale of that same product(s) with a third party. The Service is provided for personal use only, and any commercial use of the Service is expressly prohibited.
- Termination of Access; Removal of Content or Features
In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your Account, or all or a portion of your access to the Service, at any time with or without notice in the event (i) you have breached these Terms and Conditions or (ii) such action is necessary to prevent harm to any party or liability to Company.
Additionally, notwithstanding any other provision of these Terms and Conditions, Company reserves the right to change, suspend, remove or disable access to any Content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials. Notwithstanding termination of your access to the Service, you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of Service is terminated by you or Company. Termination of your access to the Service does not terminate the applicability of these Terms and Conditions, the appropriate provisions of which shall survive in perpetuity.
You can order and purchase products and/or services on the Site or the App. We accept credit and debit cards issued by U.S. banks, and for certain transactions, payments directly from your bank account. If a credit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the payment. You may designate a credit or debit card or bank account, as applicable, to be used in connection with your Account. If at any time you want to designate a different payment method, or if there is a change in your payment information, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You are solely responsible for making sure your payment information is up to date at all times.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the payment method is issued and you are authorized to make a purchase or other transaction with the relevant payment account information.
- Use Outside the United States
Company is based in Green Bay and Onalaska, Wisconsin, in the United States of America. Company makes no claim that the Site or App content is appropriate, or may be downloaded, outside of the United States, and the Service is not intended for use by persons outside the United States. Access to the Service content may not be legal by certain persons in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- Export Policy and Restrictions
You acknowledge that the products and Content which are sold or licensed on the Site or the App, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from or in connection with the Site or the App, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys' fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
- Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through the Site or the App. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Site or the App, you do this entirely at your own risk.
- User Generated Content, Reviews, Feedback and other Postings to the Site or the App
We are always very happy to hear from our guests. If you submit, upload or post any comments, ideas, suggestions, information, reviews, files, videos, images or other materials to us, the Site or the App ("User Generated Content"), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Service users through unsolicited email, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company's use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company reserves the right (but shall have no obligation) to monitor and edit or remove any User Generated Content submitted to the Site or the App. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys' fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site or the App.
- Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on the Site or the App. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company's Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site or the App
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or the App by sending us a notice ("Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the App where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
c/o Skogen's Festival Foods – Green Bay Support Office
1724 Lawrence Drive
De Pere, Wisconsin 54115
- Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR THE APP WILL BE CORRECTED. THE SITE AND THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN EACH OR ANY SITE-RELATED OR APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE OR THE APP.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE APP, SITE-RELATED AND APP-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY COMPANY ARE SUBJECT TO OUR SATISFACTION GUARANTEE DESCRIBED IN SECTION 9.
- Limitation of Liability Regarding Use of Site and App
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES, AND ANY THIRD PARTIES MENTIONED ON THE SITE OR IN THE APP, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, APP, SITE-RELATED OR APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, APP AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, APP, SITE-RELATED AND APP-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE, APP AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, YOU AGREE THAT IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EXCEED THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM COMPANY IN THE APPLICABLE TRANSACTION.
Because some jurisdictions do not allow the exclusion of certain warranties or exclusions or limitations of liability for consequential or incidental damages, some of the above exclusions or limitations may not apply to you.
- Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Service, including products and services ordered or purchased through the Site or the App, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms and Conditions or your use of the Service, including products and services ordered or purchased through the Site or the App, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and Conditions and any other contractual relationship between you and Company.
If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim ("Notice"). The Notice to Company should be addressed to: 1724 Lawrence Drive, De Pere, Wisconsin 54115 ("Notice Address"). If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms and Conditions, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in De Pere, Wisconsin. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company's last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for De Pere, Wisconsin.
- Additional Apple Terms
The following additional terms and conditions apply with respect to the Service if used on an Apple iOS-powered mobile device ("iOS App"):
- You acknowledge that these Terms and Conditions are concluded between you and Company only, and not with Apple, Inc. ("Apple"). Company, and not Apple, is solely responsible for Company's iOS App and the services and Content available thereon.
- You agree that your license to use the iOS App is limited to an Apple iOS-powered mobile device that you own or control and that your use of Company's iOS App shall be subject to the Usage Rules set forth in Apple's then-current App Store Terms of Service.
- You and Company agree that Apple shall have no obligation to provide maintenance and support services with respect to Company's iOS App.
- To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Company's iOS App.
- You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to Company's iOS App or your possession and/or use of Company's iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You agree that Company, and not Apple, is responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to Company's iOS App or your possession and use of Company's iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You and Company agree that Apple and Apple's subsidiaries are third party beneficiaries to the terms and conditions applicable to Company's iOS App. Upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary thereof.
Additional Android Terms
The following additional terms and conditions apply with respect to the Service if used on an Android-powered mobile device ("Android App"):
- You acknowledge that these Terms and Conditions are concluded between you and Company only, and not with Google, Inc. ("Google"). Company, and not Google, is solely responsible for Company's Android App and the services and Content available thereon.
- You agree that your use of Company's Android App shall be subject to the then-current Android Market Terms of Service.
- Google, as provider of the Android Market, shall have no obligation or liability to you with respect to Company's Android App or these Terms and Conditions.
- You acknowledge and agree that Google is a third party beneficiary to the terms and conditions applicable to Company's Android App.
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, including access to your Account, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Waiver by Company of any breach under these Terms and Conditions shall not affect or impair Company's rights with respect to any subsequent breach of the same, similar, or of a different nature. Company's failure to exercise or enforce any right or provisions of these Terms and Conditions shall not constitute a waiver of such right or provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, App, Site-related or App-related content, or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The provisions of the Terms and Conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.
These Terms and Conditions constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Your continued use of the Service after revisions to these Terms and Conditions shall constitute your agreement to the revised Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Site or the App.
Skogen's Foodliner, Inc. ("Company") is committed to protecting your privacy. You have chosen to do business with us, and we recognize our obligation to keep the information you provide secure and to inform you of our policies concerning its use. Our commitment to protect your information will continue under the principles and guidelines described below.
Information That We Collect
How We Use and Share Your Information
Access to Your Information and Choices
Security of Your Information
Consent to Processing of Personal Data in United States
Questions and How Contact Us
Terms and Conditions. Please note that your use of our Service is also subject to our Terms and Conditions.
- INFORMATION THAT WE COLLECT
Information You Provide to Us
We collect information you provide to us, for example when you create or modify your account, register to use our Service, order or purchase products or services from us, request information from us, contact customer support, or otherwise communicate with us. This information may include:
- Home address
- Billing address
- Email address
- Telephone number
- Credit / debit card number (solely for payment purposes)
- Bank account information (solely for payment purposes)
- Company affiliation
- Festival Foods store location preference
- User Generated Content (blog posts, feedback, reviews, comments, photos, videos, messages, social media posts/shares, etc.)
More particularly, in certain areas of the Site and the App, such as when you request more information, you are required to enter personal contact information (name, company, email address, telephone number) that allows us to contact you to provide information regarding our services. If you choose not to provide personal information, you can still browse the Site and App.
When you subscribe to our emails ("Company Emails"), we ask for your name, email address and the Festival Foods store you visit most of the time. We use this information only to make sure you receive each Company Email. You will periodically receive the Company Emails electronically and will also receive information on how to cancel your subscription via email to Festival Foods.
When you subscribe to a Festival Foods mobile club, we will ask for your mobile phone number and we may ask for your email address and the Festival Foods store that you visit most frequently. We use this information only to make sure you receive each mobile offer. Several times each month you will receive Festival Foods mobile offers and communications. Please see additional mobile terms and conditions at www.festfoods.com/mobileclub.
Information We Collect Through Your Use of the Service
When you use the Service, we may collect some information automatically, such as your location, IP address, the identity of your Internet Service Provider, browser information, device information, operating system, the site from which you linked (if any), and the time and date of your visit. This information is not linked to personally identifiable information. This information is used to compile aggregate statistics about the total number of daily visitors to our Site and App, the pages most frequently visited and how long you stay at each page. By collecting this information, we get a better understanding of your needs and what products and services we can develop to meet those needs. All the information we gather helps us understand your preferences so we can continually improve your online experience with us. We track this activity using a service provided by Google Analytics, which is described in more detail below.
Please note that if you choose to opt-out, you will continue to see ads on the Site and the App, but they will not be based on how you browse and shop.
Information Collected Through Cookies and Similar Technologies
No Information from Children Under Age 13
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act ("COPPA") puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces COPPA, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
If you are under the age of 13, please do not attempt to register with us at the Site or the App, or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please Contact Us or call us at (920) 964-3400.
- HOW WE USE AND SHARE YOUR INFORMATION
To Provide Products, Services, and Information. We collect information from you in order to provide products and services that you order using the Service; register and service your account; provide information that you request from us; contact you about your orders; process credit card, debit card and bank account transactions; send you promotional materials or advertisements about our products and services, as well as new features and offerings; administer surveys, sweepstakes, promotions and contests; and provide interest-based targeted advertising to you.
Sharing with Affiliates and Third Parties. We may provide information to affiliates and third party service providers that help us operate and manage the Site and the App, process payments and orders, and fulfill products and services that you purchase from us. These service providers will have access to your personal information in order to provide these services, but when this occurs, we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Company only when we have your consent to do so.
Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
- Enforce applicable Terms and Conditions, including investigation of potential violations.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Company, our users, customers or the public as required or permitted by law.
- ACCESS TO YOUR INFORMATION AND CHOICES
You can access and update certain information we have relating to your account by visiting www.festfoods.com/account and signing into your account. If you have questions about personal information we have about you or need to update your information, you can Contact Us, call us at (920) 964-3400, email us at firstname.lastname@example.org or mail us via US Postal mail at c/o Festival Foods Support Office, 1724 Lawrence Drive, De Pere, Wisconsin 54115. You can opt-out of receiving marketing and promotional e-mails from Company by using the opt-out or unsubscribe feature contained in the e-mails.
To unsubscribe from your account, you may visit www.festfoods.com/account. If you unsubscribe from your account, we will no longer use your account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
- SECURITY OF YOUR INFORMATION
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards, and we are not responsible and disclaim any and all liability for any damages or injuries which arise therefrom. Additionally, it is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through the Site or the App are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
- CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES
We make no claim that the Service is appropriate, or may be downloaded, outside of the United States, and the Service is not intended for use by persons outside of the United States. If you are a resident of the European Economic Area (EEA) or other jurisdiction outside of the U.S., we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States and Canada. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. By using and accessing the Site or the App, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
- FEEDBACK; QUESTIONS AND HOW TO CONTACT US
We welcome all feedback about the Site, the App, and our products and services. Please share your comments by contacting us and let us know if you would like us to respond. The content of any comments, suggestions, questions, information and feedback received by Company will be deemed to be non-confidential. Any comments or materials sent to Company through the Site or the App, including all feedback, questions, comments, suggestions, questionnaires and the like, shall become the sole property of Company. Company shall be free to use any such suggestions, comments, concepts and the like for any and all purposes of its sole choosing, without payment of any compensation.
Skogen's Foodliner, Inc.
c/o Festival Foods Support Office
1724 Lawrence Drive
De Pere, Wisconsin 54115
- Learn More About Our Coupon Policy
Festival Foods is committed to providing our guests high quality products and services at an exceptional value.
- Mobile Club - Terms & Conditions
Skogen Foodliner, Inc.’s Text Messaging Terms and Conditions
Read these Terms and Conditions (this "Agreement") for important information about our text alert services (“Festival text alerts”). THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Skogen Foodliner, Inc., or one or more of its affiliates (collectively “Festival”) offers its customers the opportunity to receive coupons and other promotional information via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. By enrolling you are agreeing that you are at least 19 years of age or older, or have the express permission of a parent/guardian (but in any case, you must be at least 13 years old).
By enrolling to receive Festival text alerts, you agree to these terms and conditions, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this service.
Enrollment in the Festival text alerts is done by texting the keyword “fest”, “festws”, or “summer” to 78402 or “FESTM&G” to 96714 and requires a customer to provide his or her own mobile phone number with an area code within the 50 United States or the District of Columbia. By opting into the Festival text alerts SMS service, all new and existing members agree to receive recurring marketing messages from Festival on their mobile phone. Marketing messages will be sent to the number provided at opt-in using automated technology. Consent to receive messages is not required for any purchase. Message frequency varies based off program participation and user interaction.
You acknowledge that text alerts will be sent to the mobile phone number you provide to Festival. Once you enroll, the frequency of text alerts we send to you will vary and you agree that you will receive up to 2 SMS and/or MMS messages per day per keyword. Festival does not impose a separate charge for text alerts; however, your mobile carrier's message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
Festival reserves the right to change these terms and conditions at any time upon reasonable notice. You will receive a text alert notice to the mobile phone number you provide if the terms and conditions are changed allowing you to opt out of further text alerts. Continued use thereafter of the text services without opting out will be deemed consent to the revised terms and conditions.
OPT OUT OPTION
You may opt out of Festival text alerts at any time. To stop receiving text alerts, text STOP to 78402 or 96714 which will opt you out of any and all future Festival text messages. After you submit a request to unsubscribe, you will receive one final text alert from Festival confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment. For questions about text alerts, text the word Help to 78402 or 96714 or contact Festival at (920) 964-3400.
Festival's alert programs are offered on an as is basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Festival may change or discontinue any of its text alert programs without notice or liability to you. Festival and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any Festival text alert program or from technical failures or delays of any kind. Festival reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND FESTIVAL OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT FESTIVAL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Festival will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
- Festival Foods' "Bucks Tickets" Sweepstakes
Festival Foods' "Bucks Tickets" Sweepstakes
ELIGIBILITY: To enter Festival Foods' "Bucks Tickets" Sweepstakes, you must be a legal U.S. resident 18 years of age or older physically residing in Wisconsin to enter or win. Employees of Sponsor or its affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the promotion, and the immediate family (parent, spouse, sibling, child, grandparent) and household members of all such employees, are NOT eligible. Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law.
SPONSOR: Festival Foods, 1724 Lawrence Drive, De Pere, WI 54115.
ENTRY PERIOD: Entries will be accepted from Jan. 17, 2018 at 12:01 a.m. Central Time ("CT") through Feb. 27, 2018 at 11:59 p.m. CT (the "Sweepstakes Period"). All entries must be received by 11:59 p.m. CT on Feb.27, 2018.
HOW TO ENTER: No purchase, entry fee, payment, or proof-of-purchase necessary to participate. There are two ways to enter the sweepstakes: (a) text entry and (b) mail-in entry. The choice of entry method will not affect an entrant's chances of winning.
- (a) Text Entry: To enter the sweepstakes via text, text the keyword "PLAY" to 78402. Standard text message rates, if any, apply.
- (b) Mail-in Entry ("AMOE"): To enter the sweepstakes by mail, send the keyword "PLAY" with your first and last name, telephone number, and email address to 1724 Lawrence Drive, De Pere, WI 54115 with ATTN: BUCKS TICKETS SWEEPSTAKES.
Only one (1) entry per person/email address/mailing address/telephone number. Any individual who attempts to enter or to submit entries in excess of the disclosed maximum, by any means, including but not limited to establishing multiple email accounts, will be disqualified from participation in this sweepstakes. Sponsor is not responsible for lost, late, illegible, corrupted or misdirected entries.
ODDS OF WINNING: Odds of winning depend on number of eligible entries received during the Sweepstakes Period.
PRIZES AND APPROXIMATE RETAIL VALUES: Two (2) winners will be randomly selected from among all eligible entries. Each winner will receive the following: two (2) tickets (ARV: $162/ticket) to the Milwaukee Bucks game on March 4, 2018.
Total ARV for all prizes to be awarded: $648
Taxes on prize are the sole responsibility of the winner. Prizes are non-transferable and no substitution or cash equivalent is allowed except in Sponsor's sole discretion. Sponsor reserves the right to substitute prizes of the same or greater approximate retail value. For prizes $600 or more in value, winner's social security number or taxpayer identification number will be required in order to issue a Form 1099-MISC showing prize ARV as income to winner. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the prize, are the sole responsibility of the winner. Prizes will be fulfilled within one week of the drawing.
SELECTION OF THE WINNER: Prize winners will be chosen by a random drawing on or about Feb. 27, 2018 from among all eligible entries received. Drawings will be conducted in accordance with the Official Rules by Sponsor, whose decisions on all matters related to the sweepstakes are binding and final. Potential winners will be notified on or about Feb. 17, 2018 by one text message (text entry) or one mail-in (mail-in entry) at the phone number, mailing address or email address provided on the entry, and the tentative winner will be required to respond within 24 hours of the initial notification by following the instructions contained in such text or email notification. If a potential winner fails to respond within the stated time period, the prize will be forfeited and an alternate winner will be chosen. Affidavit of eligibility, prize acceptance form, tax information, publicity release, and/or mutually acceptable liability releases may be required and, if so, must be returned within the specified time or prize will be forfeited and alternate winner chosen.
WINNERS' LIST: For the names of the winners or a copy of these Official Rules, please send a self-addressed stamped envelope before May 27, 2018 to: Festival Foods, 1724 Lawrence Drive, De Pere, WI 54115, ATTN: WINNERS' LIST, Festival Food's "Bucks Tickets" Sweepstakes.
PUBLICITY RELEASE: Except where prohibited, acceptance of a prize constitutes winner's consent that his or her name, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent.
RELEASE: By entering, entrant agrees to accept and abide by the rules of this sweepstakes and agrees that any dispute with regard to the conduct of this sweepstakes, rule interpretation, or award of prize shall be submitted to Sponsor, whose decision shall be binding and final. By participating, entrant agrees to release and hold harmless Sponsor, participating dealers and retailers, affiliates, sales representatives, distributors and promotional and other vendor agencies, their respective parent companies, affiliates, subsidiaries, service agencies, independent contractors, and the officers, directors, employees, agents and representatives of any of the above organizations from any injury, loss or damage to person, including death, or property due in-whole or in-part, directly or indirectly, to the acceptance or use/misuse of a prize, participation in any sweepstakes-related activity, or participation in the sweepstakes.
Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the sweepstakes, or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Sweepstakes, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Sweepstakes as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this sweepstakes, or the integrity and/or feasibility of the sweepstakes is severely undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the sweepstakes without further obligation. If Sponsor in its discretion elects to so abbreviate the sweepstakes, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All entries are the property of Sponsor and are not returnable.
This promotion is intended for viewing in the United States only and shall be construed and evaluated only according to United States law. Do not enter this sweepstakes if you are not located in the United States. The use of any automated devices in connection with this sweepstakes is prohibited. Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections, whether human, technical or otherwise in nature. Sponsor reserves the right, in its sole discretion, to cancel or suspend this sweepstakes should virus, bugs or other causes beyond its control corrupt the administration, security or proper play of this sweepstakes. Sponsor is not responsible for any injury or damage to any person's computer or related equipment resulting from or relating to participation in this sweepstakes or downloading any material related to this sweepstakes. Entries will be deemed made by the authorized account holder of the phone number or mailing address submitted at the time of entry. In the event of a dispute, the potential winner may be required to provide proof that he or she is the authorized holder of the identified phone or mailing address.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Wisconsin, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees, (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits, may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to such damages multiplied or increased. Wisconsin law, without reference to choice of law rules, governs the sweepstakes and all aspects related thereto.