Terms and Conditions Terms and Conditions

Thanks for wanting to use the Volkswagen of America, Inc. (“VWoA”) Big Game Intergalactic Invite (the “Invite”) on VW.com (the “Site”). Before you use the Invite, you must agree to these Terms & Conditions by checking the “I Agree” box. These Terms & Conditions are the entire agreement between you and VWoA. If you do not understand or agree with these Terms & Conditions, please do not use the Invite. BY COMPLETING THE INVITE PROCESS OR USING ANY OF PART OF THE INVITE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS & CONDITIONS BELOW.

Overview

The Site allows you to create and send Big Game party (“Event”) invitations to your friends and to post your Invite on social media sites.

Eligibility

Use of the Invite is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms & Conditions. You must be an individual of 18 years of age or older to use the Site and send an Invite.

Privacy Policy

It is VWoA's policy to respect the privacy of its users. VWoA's policies with regard to personally identifiable information it collects from you and how that information is used is governed by the VWoA Privacy Policy. http://www.vw.com/en/privacy/nav/privacy_policy.html

Event Details

In consideration for using the Site and the Invite, you agree to: (1) provide certain current, complete, and accurate information about you and your Event when creating the Invite; and (2) use the Invite only for the purpose intended and not to harass, mislead or violate the rights of any third party. You are solely responsible for any Invites, messages, files, links or any other materials that are transmitted, posted, or distributed by you through the Invite Site, including, but not limited to, the contents of your email communications, information or Invites posted by you to the Site or any social media outlet, such as Facebook or Twitter. VWoA does not control the Invites posted by users such as yourself via the Invite Site and, as such, does not guarantee the accuracy, integrity or quality of such Invites. Under no circumstances will VWoA, its agents or assigns, including its advertising and promotional agency partners, be liable in any way for any Invites posted by any user, including, but not limited to, liability for any errors or omissions or for any loss or damage of any kind incurred as a result of the use of any Invites posted, emailed or otherwise transmitted via the Invite Site. You agree that if you post any Invites through the Invite Site, you automatically grant to VWoA, and its agents and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Invite, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Invite as it sees fit. You acknowledge and agree that (a) VWoA reserves the right (but has no obligation) to evaluate the Invite before allowing it to be posted on or through the Invite Site; (b) VWoA may do one or all of the following, at its sole discretion: (i) monitor the submission of Invites; (ii) alter, remove, or refuse to post or allow to be posted any Invite; and/or (iii) disclose any Invite or any communication through the Invite Site, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the Invite Site, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of VWoA, the Site visitors or the public, (f) permit VWoA to pursue available remedies or limit the damages that may be sustained, and/or (g) enforce these Terms & Conditions; (c) under no circumstances will VWoA, or its employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on the Invite Site; and (d) VWoA has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Invite Site; IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND VWoA recommends not including your full street address in an Invite you intend to post via social media outlets. You agree not to post, transmit, or otherwise make available, through or in connection with the Invite Site anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; (e) criminal or encourages conduct that constitutes a criminal offense; (f) materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (g) used to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity; (h) used to impersonate any person or entity; or (i) pornographic, obscene, contains hate speech, is racist, promotes violence, is illegal or promotes illegal behavior, violates intellectual property rights, violates the law, or is otherwise offensive or inappropriate as determined in VWoA’s sole discretion.

Indemnification

You agree to indemnify, defend and hold harmless VWoA, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (a) your use of the Site and/or the Invites, including, but not limited to, all content therein; (b) the violation of these Terms & Conditions by you; or (c) your violation of any applicable law or regulation.

DISCLAIMERS AND RELEASE FOR EVENTS AND OTHER FEATURES
YOUR PARTICIPATION IN ANY EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING THE INVITE, YOU AGREE THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT, YOU MAY BE EXPOSED TO HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES). TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE, RELEASE AND DISCHARGE ALL CLAIMS, RELEASE VWoA FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS VW, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS, EMPLOYEES, AGENTS AND ASSIGNS, FROM ANY AND ALL LIABILITY IN ANY WAY RESULTING FROM OR CONNECTED WITH ANY EVENT OR USE OF THE INVITE OR SITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE INVITE SITE IS AT YOUR SOLE RISK. THE INVITE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VWoA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE INVITE SITE.