The raffle is open to legal residents of the United States who are at least 18 years old at the time of ticket purchase. 

Only one eligible person may be named on each ticket sold. If the name of more than one person is provided on a ticket entry form and that ticket is selected as a winning ticket, then the person named first will be deemed as the holder of record of that ticket and declared the winner. 

The division of any prize among a group of persons purchasing a ticket in common shall be to the sole responsibility of the person named as the holder of record of that ticket should that ticket be selected as a winner. 

Ride Dry Drive Dry is not responsible for resolving any disputes that may arise from different individuals listed on a winning ticket.

Prize pick up to be coordinated with winner(s) at the offices of Center Consoles Only.

_{All fees and taxes are the responsibility of the winner.}

Yes, the cash option in lieu of the Costa Customs 264HC prize is $125,000.

_{The winner will be responsible for all taxes and fees associated with any cash winnings.  Any applicable withholding taxes will be collected and submitted to the proper tax jurisdiction.}  

Winner is responsible for all taxes, fees, insurance, registration and transport costs associated with the transfer of ownership upon winning the boat.  Please consult your tax professional with any additional questions.

Ride Dry Drive Dry is a 501(c)(3) organization.  Please consult your tax professional about your individual tax circumstance.

If you have purchased your tickets through the website, you will not receive hard tickets in the mail.  Your email confirmation is your receipt.  In the event you misplace your confirmation you can log in to the RallyUp website or you can contact us and we can resend.

We will work with the winner(s) to schedule mutually agreed upon pick up date(s).

Disclaimer

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You understand that you are providing your information to Ride Dry Drive Dry and not to Facebook. By participating in this promotion you agree to a complete release of Facebook and Instagram from any claims.

• Limit of 12 tickets per person.
• Winner need not be present to win.
• Winners will be chosen by a Random selection.
• Winner is responsible for all applicable taxes.
• Winner needs to pickup the Boat from Miami
• Prize is offered “as is” at time of drawing.
• The drawing is being conducted by Ride Dry Drive Dry Inc. whose address is PO BOX 677696, Orlando, FL 32867
• Participants must be at least 18 years old and residents of United States of America
• Winners will be drawn LIVE on social media and posted on our website.
• Winners will be contacted via Phone, email and/or Mailing address provided at the time of registration within 15 days of drawing
• Prize is offered “as is” at time of drawing.
• By entering you permit Ride Dry Drive Dry and its sponsors to use your information in future promotions and offers.
• All federal, state and local laws apply.  Contest is void where prohibited.  All license and registration fees are the sole responsibility of the winner.  By claiming any of the prizes, the winner gives consent to the use, without additional compensation of his or her name and/or likeness for promotion and/or advertising purposes in connection with the contest.  All participating sponsors, host locations, and Ride Dry Drive Dry will not be held responsible for any claims, liabilities or damages arising from or in conjunction with benefits of entry.

Official Rules

Effective November 1, 2022.

To view Official Rules for experiences launched prior to November 1, 2022, click here.

NOTICE REGARDING DISPUTE RESOLUTION: THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SPONSOR, RELATING TO YOUR PARTICIPATION IN ANY EXPERIENCE, WILL BE RESOLVED.  FOR EXAMPLE, SECTION 17 INCLUDES AN ARBITRATION AGREEMENT AND WAIVER OF A CLASS ACTION THAT REQUIRES YOU TO SUBMIT ALL CLAIMS TO ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND LIMITS YOUR ABILITY TO BRING CLAIMS ON BEHALF OF ANYONE OTHER THAN YOURSELF (THAT IS, IT PROHIBITS YOU FROM BRINGING ANY PURPORTED CLASS ACTION OR PURPORTED COLLECTIVE OR REPRESENTATIVE PROCEEDING).

NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN.  ALL ENTRIES INTO AN EXPERIENCE HAVE AN EQUAL CHANCE OF WINNING.  A PURCHASE, PAYMENT, OR DONATION WILL NOT INCREASE THE CHANCES OF WINNING.

1. THE SPONSOR: DriveDry.org, Inc. (referred to herein as “DriveDry.org” or “Sponsor”) is a United States, Delaware corporation and a for-profit, commercial fundraiser, technology, and media company that leverages the power of storytelling and technology to radically change charitable giving.

2. THE WEBSITE: The DriveDry.org website (www.DriveDry.org ) (the “Website”) allows eligible individuals (see restrictions below) to enter into the sweepstakes promotions hosted on the Website (each an “Experience”). A portion of the funds raised through each Experience will support featured non-profit(s) and/or charitable causes (each a “Charity”).

3. APPLICABILITY OF THE RULES: These Official Rules provide the general terms and conditions applicable to every Experience on the Website launched on or after November 1, 2022. Each Experience is subject to all applicable international, federal, state, and local laws and regulations and is void where prohibited.

(A) Experience Rules. Every Experience also has its own, additional, Experience-specific terms and conditions (the “Experience Rules”). The Experience Rules can be found on each Experience’s webpage on the Website, under the section “Stuff Our Lawyers Want You to Read.” The Experience Rules provide extra information and requirements for a specific Experience.  If there is a conflict or inconsistency between these Official Rules and the Experience Rules, the Experience Rules will govern. Any reference to the “Official Rules” with respect to any specific Experiences will mean both these Official Rules and the applicable Experience Rules, taken as a whole.

(B) Binding Contract. The Official Rules (including any Experience Rules) form a binding contract between DriveDry.org and each Experience participant (a “Participant.”)  Entry into any Experience constitutes Participant’s full and unconditional agreement to the Official Rules and Sponsor’s decisions, which are final and binding in all matters relating to the Website and all Experiences. If you do not agree to these Official Rules (including the applicable Experience Rules) do not enter the Experience(s).

(C) Updates to the Official Rules. These Official Rules may be updated from time to time. Please check these Official Rules (including all relevant Experience Rules) regularly to ensure that you understand the terms that apply at the time that you enter the Experience.

4. ELIGIBILITY: To be eligible to enter an Experience or be awarded the prizes(s) identified on each Experience’s webpage (each a “Prize”), a Participant must fully comply with the Official Rules. Unless otherwise provided in the Experience Rules, Experiences are only open to individuals who (i) are at least 18 years of age or older at time of entry; (ii) are NOT in one or more of the “Prohibited Persons” categories listed in Section 4(A), below; and (iii) are legal residents of the United States or another country that is NOT listed as a “Prohibited Jurisdiction,” in Section 4(B), below. Any entry submitted by any ineligible person(s) will be void.

(A) Prohibited Persons. The following individuals are not eligible to enter or win any Experience:

(i) Any individual who has won a grand-Prize in a Grand-Prize Experience (as defined in Section 5(A)), below) in the immediately preceding 18 months (calculated from the last date of the Entry Period of the last Grand-Prize Experience that such individual won);

(ii) Any employees, officers, and/or directors of any of the following (collectively, the “Experience Partners” ): (a) DriveDry.org;  (b) the Charities supported by the applicable Experience (including, without limitation, DriveDry.org's charity clients: Charities Aid Foundation America, Global Impact and Our Change Foundation), (c) DriveDry.org’s third-party contractors who participate in or provide services related to the Winner selection process for the applicable Experience, and (d) any contractor or other partner engaged by DriveDry.org to supply and/or fulfill any portion of the Prize(s), including, without limitation, any Prize supply partners.

(iii) The immediate family members of (meaning, spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and/or those living in the same household as the employees, officers and/or directors of DriveDry.org and/or the Charities (excluding Charity volunteers) supported by the applicable Experience (whether or not related).

(B) Prohibited Jurisdictions: All countries on the United States’ list of embargoed countries (which you can find here), Afghanistan, Australia, Bahamas, Belgium, Belize, Bolivia, the province of Quebec (Canada), Cambodia, Chad, China, Colombia, Cuba, Dominican Republic, Ecuador, Egypt, El Salvador, Germany, Ghana, Guatemala, Guinea, Haiti, Honduras, Iran, Iraq, Italy, Jamaica, Lebanon, Mali, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Peru, Singapore, Somalia, Sudan, Syria, Tanzania (the United Republic of), Thailand, Trinidad, and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom, Venezuela, Yemen, Zimbabwe, and any other country where local laws would prohibit the provision of or entry into an Experience.

5. HOW TO ENTER: Each Experience will have a starting date and time and ending date and time (the “Entry Period”) specified in the Experience Rules. Only those entries received by Sponsor during the Entry Period will be valid. Sponsor will be the official timekeeper for all Experiences.

(A) Grand-Prizes Experiences. All grand-Prizes Experiences (each a “Grand-Prize Experience”) will provide the following two (2) ways to enter:

(i) Donate and Enter. To enter by this method, visit the Website, click the “Enter Now” button from the Experience webpage.  Then donate by choosing a donation amount and following the instructions to provide your full, legal name, contact, and payment information and complete your donation. Upon Sponsor’s receipt of a donation, a donor will automatically receive entries and be entered for a chance to win the Experience. The number of entries awarded may correspond to the dollar value of the donation, as specified on the Experience webpage at the time of Participant’s donation, and Sponsor reserves the right to amend the corresponding number of entries to be awarded for a particular dollar value of a donation from time-to-time in its sole and absolute discretion. Participant will receive the corresponding number of entries indicated on the applicable Experience webpage at the time of Participant’s donation.  Individuals may donate as many times as desired, but for each Experience, a Participant is limited to the maximum Entry Limit (as defined below), if applicable to the Experience.

(B) Secondary Promotions. From time to time, Sponsor may, in its sole and absolute discretion, host other, secondary Experiences on the Website (each a “Secondary Promotion”). Secondary Promotions are those Experiences where the only method of entry is through entry into a specific Grand-Prize Experience, within a specific timeframe.  Participants who enter the specific Grand-Prize Experience during the specific timeframe will also be automatically entered into the Secondary Promotion. Unless otherwise stated in the Experience Rules of the applicable Secondary Promotion, a Participant will receive the same number of entries into the Secondary Promotion as that Participant acquires in the eligible Grand-Prize Experiences(s) during the specified timeframe, up to the Secondary Promotion’s Entry Limit (if applicable), regardless of method of entry(ies) used to enter the eligible Grand-Prize Promotion(s).

(C) Special Promotions. DriveDry.org may, in its discretion, run various special promotions in connection with the Experiences. For example, it may, for a temporary period during the Entry Period, offer Participants “bonus entries” in connection with any entry submission, or it may offer Participants the opportunity to enter multiple Grand-Prize Promotions simultaneously. Each entry that is awarded in connection with any special promotion (a) will constitute a single, independent entry in the applicable Experience(s), (b) will be treated the same as any other entry to the Experience(s) (including being subject to any applicable Entry Limit), and (c) will have the same chance of winning as any other entry.

6. ENTRY LIMITATIONS AND RESTRICTIONS: Only accurate and complete entries submitted during the Entry Period and received by Sponsor are eligible. Any incomplete, illegible, corrupted, or untimely entries are also void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic error, all of which are void and ineligible to win. Additionally, Sponsor is not responsible for any telephone, electronic, hardware, software, network, Internet, or computer malfunctions, failures, or difficulties. If a Participant’s donation is refunded, any entries associated with such donation will be withdrawn and not eligible to win.

(A) Entry Limit. For each Experience, the Experience Rules will state the cumulative maximum number of entries that any one person may obtain (the “Entry Limit”).  The Entry Limit applies to all entries, regardless of the method of entry. If a Participant exceeds the Entry Limit for an Experience, all Entries received over the Entry Limit (in order of receipt) will be void and ineligible to win.

(B) Required Information.  Participants must provide all required information specified on the Experience’s page or entry form to be eligible to enter and win. 

(C) Email Address Requirements. Participants may not use multiple email addresses, identities, address, logins, devices, or any other tactics used in an effort to receive entries over an Experience’s Entry Limit.  To receive valid entries, Participant must provide a valid email address for which the Participant is the authorized owner. Multiple Participants may not share the same email address.  In the event of a dispute as to the identity of any Participant, the authorized account holder of the email address used to enter will be deemed to be the Participant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as defined below) may be required to show proof of being the authorized account holder. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than Participant, are void and ineligible to win. Any conduct in violation of this Section is strictly prohibited and will void all entries for that Participant and may result in disqualification of Participant from all Experiences, at Sponsor’s discretion.

(D) No automated entry devices. All entries must be submitted by the individual Participant to be valid.  Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that Participant and will result in disqualification of the Participant from all Experiences, at Sponsor’s discretion. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Sponsor has the sole right and discretion to make a determination that Participant used or attempted to use any such prohibited automated entry methods.

(E) Contact Details. By entering any Experience, you agree that DriveDry.org may contact you via email, phone, and mail in connection with the Experiences in accordance with Sponsor’s Privacy Policy, available at: https://www.ridedrydrivedry.com/privatepolicy.

7. ENTRY CONDITIONS AND RELEASE: As a condition of entering any Experience, Participant expressly:

(A) Consents to receive information or promotional materials from Sponsor, or any of the other Experience Partners, via email and/or mail; 

(B) Represents and warrants that (s)he agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to each Experience; 

(C) Releases the Experience Partners, and any advertising platform used in connection with the promotion of any Experience, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., ByteDance, Inc., TikTok Inc., Twitter, Inc., and any of their respective parents, subsidiaries and affiliates (collectively “Advertising Platforms”), from all liability, loss or damage or expense arising out of or in connection with participation in any Experience or the acceptance, use, or misuse of any Prizes; 

(D) Knowingly and expressly waives all rights to claim, punitive, exemplary, indirect incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased;

(E) Agrees that all claims, disputes, or causes of action arising out of or connected with any Experience, or any Prizes awarded, shall be individually resolved in binding arbitration, per Section 17, without resort to any form of class, collective or representative action;

(F) Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Participant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

Some jurisdictions do not allow the limitations or exclusion of liability set forth above in Section 7. So, some of the provisions contained in this section may not apply to every Participant.

8. WINNER DRAWINGS: Potential winner(s) of an Experience (the “Potential Winner”) will be randomly drawn from among all eligible entries received. The drawing will occur on or after the end of the Entry Period or as specified in the applicable Experience-specific rules. Sponsor will conduct the drawing and awarding of the Prize. Once confirmed and verified as eligible to win, a Potential Winner is referred to herein as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.

9. WINNER NOTIFICATION PROCESS: Potential Winners will be contacted using the email address used to enter the Experience. Potential Winners must respond to the Potential Winner notification email within 24 hours of it being sent (or the time frame indicated in the Potential Winner notification email, if another time frame other than 24 hours is specified). If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to any of the Prizes(s).  After sending the Potential Winner notification email, to the extent a phone number has been provided, Sponsor reserves the right to also contact Potential Winners via phone as well.  By entering, Potential Winners expressly authorize Sponsor to name, tag, or otherwise identify Potential Winner on Sponsor’s Website, social media pages, and/or in Sponsors other promotional materials. 

Some jurisdictions may prohibit Sponsor from conditioning participation on Potential Winner’s consent to publicity described in this Section. Potential Winners who are residents of such jurisdictions and who object to such publicity, must notify Sponsor of objections via email during the Potential Winner confirmation and verification process.

10. CONFIRMATION AND VERIFICATION OF POTENTIAL WINNERS: A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. Potential Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be confirmed and verified as eligible to win, a Potential Winner and the Potential Winner’s guest(s), if applicable, must comply with all terms and conditions of these Official Rules and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to an Experience. In addition to all of the other requirements stated in these Official Rules, if the Potential Winner is a Canadian resident, (s)he must correctly answer a mathematical skill-testing question to be eligible to be confirmed the Winner.

(A) Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner (and any guests of Potential Winner, to the extent that a Prize includes participation by one or more guests) must accurately complete and timely return Sponsor’s Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), any other documentation (for instance health and safety forms, including any vaccination attestations, including providing proof of the same in a format determined by Sponsor in its sole discretion) reasonably required by Sponsor or the provider of the Prize(s) (where permitted by law), and/or any other document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Sponsor, in its sole discretion (collectively, the “Winner Documentation”). Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes(s).

(B) Background Checks. Except where legally prohibited, Sponsor reserves the right to conduct background checks on a Potential Winner and any Potential Winner guests, where applicable. Participation in an Experience constitutes Participant’s authorization to such background checks without Sponsor providing any additional prior notice or seeking additional permissions or consents from Potential Winner. Sponsor reserves the right, in its sole discretion, to disqualify any Potential Winner and any Potential Winner’s guest(s) based on the results of such background check (or the background check of Potential Winner’s guest(s), if applicable), if the Sponsor determines in its sole discretion that awarding the Prize to such Potential Winner and/or Potential Winner’s guest(s) might reflect negatively on Sponsor or any of the other Experience Partners, or be likely to put Sponsor, any of the other Experience Partners, or any other third-party in danger. Sponsor is not obligated to clarify, confirm, or share any specific results of background check with any Potential Winner or any Potential Winner’s guest(s), whether the background check resulted in disqualification or not. Factors that could result in disqualification include, without limitation: having been convicted of a felony or misdemeanor, being delinquent on a government-ordered payment, such as child support, spousal support, alimony, tax payments, etc., or any other criminal or civil offense determined at the sole discretion of Sponsor. When requested, Potential Winner or Potential Winner’s guest(s) must provide authorization and/or complete any forms reasonably needed to facilitate such a background check. If Potential Winner and/or Potential Winner’s guest(s) fails to sign and return the required documentation within the period specified by Sponsor, Potential Winner and/or any Potential Winner’s guest(s) may be disqualified and will forfeit any claim to any of the Prizes(s). Except for Experiences in which specific Prize Winner and/or Prize Winner guest qualifications, requirements, or restrictions may be stated in the Experience Rules (for example, any residency or citizenship requirements, age requirements, or health requirements), Potential Winners and Potential Winner guests will not be disqualified based on race, ancestry, national origin, religion, gender or gender identity, sexual orientation, or any other protected class or status.

11. WINNER DISQUALIFICATION: Reasons a Participant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Sponsor, (iii) failure to provide a valid email address at the time of entry, (iv) failure to timely respond to the Potential Winner notification email or any other request from Sponsor, (v) Sponsor is unable to verify the identity and verification of the Potential Winner to its reasonable satisfaction within 7 working days of the relevant drawing of the Potential Winner for the Experience, (vi) failure to timely complete and/or return the Winner Documentation and/or background check documents, (vii) failure to pass the background check to Sponsor’s full satisfaction, (viii) the provision of false, incomplete and or misleading information to or about Sponsor or any of the other Experience Partners, (ix) the commission of any fraud or deception in connection with any Experience, use of the Website, and/or relationship with Sponsor, (x) acting in an obnoxious, threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (xi) inability to timely accept the Prizes for any reason, including, but not limited to, inability to travel to the location where the Prize is being fulfilled and/or  injury or death and (xii) the inability of Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond Sponsor’s reasonable control, including, but not limited to, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and/or weather.  

If a Potential Winner or Winner is determined to be ineligible and/or disqualified for any reason, an alternate Potential Winner may be randomly drawn from the eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any.

12. PRIZES: Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prizes(s) identified on each Experience’s webpage. Sponsor shall solely determine the specifics of all elements of all Prizes (including timing for fulfillment of Prizes and travel options, if applicable). The approximate retail value of any Prize will be specified in the Experience Rules. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period.

Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Participant. Sponsor reserves the right to substitute a prize of comparable or greater value or cash in Sponsor’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Some restrictions may apply.

Unless otherwise noted in Experience Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).  Sponsor will not replace any lost or stolen Prize(s) or components of a Prize(s). 

All Winners are entitled, at their discretion, to refuse to accept some or all of the Prize(s) that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize.  If at any time and for any reason, a Winner is deemed to have forfeited a Prize, in whole or in part, or fails to accept delivery of the Prize(s) within a reasonable period, Winner will not be entitled to any alternate Prize or any other compensation of any kind, and DriveDry.org shall have no obligation to award the rejected or unclaimed portion of any Prize(s) to an alternative winner.

Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified on the Experience Rules:

(A) Prize Manufacturers. Experiences are not sponsored, endorsed, approved, or affiliated with the manufacturer of the Prize(s) being awarded.  Experience prize names and logos are the trademarks and property of the manufacturer of the Prize(s).  Actual Prize(s) to be awarded may not be identical to those depicted which are intended to be only representative.

(B) Prizes That Include a Travel Component: For all travel Prizes, you have to travel on the dates and itinerary specified by Sponsor. Any included airfare is coach class from the major gateway airport nearest Winner’s residence or other alternative gateways approved by Sponsor in its sole and absolute discretion. Any hotel accommodations are standard class, double occupancy unless otherwise specified. The actual retail value of any trip Prize will depend on the Winner’s place of residence.  The difference between the approximate retail value and the actual retail value will not be awarded. Winner and Winner’s guest(s), if applicable, must travel on the same itinerary, unless otherwise approved by Sponsor in its sole and absolute discretion. Lost or stolen tickets, travel vouchers or certificates, or similar items will not be replaced once they are in your possession. Any and all expenses not specified in Experience Rules, including, but not limited to, itinerary change fees, checked baggage fees, meals and gratuities, transfers, and ground transportation, are the sole responsibility of Winner and Winner’s guest(s). Travel and accommodation are subject to availability; certain additional restrictions and blackout dates may apply. If specific dates are indicated for travel, and Winner cannot travel on those specified dates, Prize will be forfeited and may be awarded to an alternate Winner selected at random from all remaining eligible entries. In such instances, the forfeiting Winner will not be entitled to any alternate prizes or compensation of any kind. Winner and Winner’s guest(s), if applicable, are responsible for all required travel documentation and identification, including, without limitation and as applicable, any passport or visa, as well as meeting any other requirements for entry into the relevant destination, such as any health and safety requirements. Winner’s guest(s), if applicable, must also sign a release before ticketing. Winner’s guest(s) must be over the age of majority in the state, province, or territory in which s/he resides, or the Winner who accompanies them must be their parent or legal guardian, unless as otherwise specified on the applicable Experience Rules. If, in Sponsor’s judgment, air travel is not required due to Winner’s proximity to Prize location, Sponsor may provide ground transportation as a substitute for air travel at Sponsor’s discretion.

(C) Prizes That Include Winning an Automobile or other Vehicle: The Winner of the Prize vehicle is not eligible for any cash rebate programs. Sponsor will determine the interior/exterior colors of the vehicle at its sole discretion. Winner must have a valid driver’s license and proof of insurance to take delivery of Prize vehicle and must take delivery of the vehicle at a location specified by Sponsor, in its sole discretion. For any Prize vehicle, neither Sponsor, other Experience Partners, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact, or law, relative to the Prize vehicle, including but not limited to its quality, mechanical condition or fitness. Notwithstanding, the Prize vehicle may include the manufacturer’s standard vehicle limited warranty, as stated in the vehicle’s Owner’s Guide. If the Prize is a lease of an automobile or other vehicle, Winner will be responsible for complying with the standard provisions of the applicable lease and shall be responsible for excess wear/use and mileage over the miles specified in such lease at a cost per additional mile/km stated in such lease. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or other distribution restrictions. In such a case, the Winner may be required to take cash or other alternatives instead.  Winner must take delivery of the vehicle at a location and time of DriveDry.org’s sole choosing.  DriveDry.org reserves the right to delay vehicle delivery or substitute a similar vehicle of equal or greater value should the vehicle as described be unavailable for any reason.

(D) Prizes That Include Attending an Event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided at the sole discretion of Sponsor. If the event is canceled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. Sponsor may substitute an alternate Prize of equal or greater value (including in the form of cash) at its sole discretion. Winner’s guest(s) must be 18 or older, or the Winner must be their parent or legal guardian, unless as otherwise specified in the applicable Experience Rules.

(E) Prizes That Include Meeting or Greeting any Person: Meet and greet portion of the Prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.

(F) Prizes That Involve Participating in a Physical Event: Sponsor may require Winner and Winner’s guest(s), if applicable, to be examined by a doctor or other appropriate medical professional before participating in the event. Sponsor and/or Experience Partners reserve the right to decline participation in the event to any Winner or Winner’s guest(s), if applicable if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe manner, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Sponsor in its reasonable discretion. In such circumstances, the Potential Winner may be required to take cash or other prize alternatives, if available as part of the Experience. If such an alternative prize is not available, Potential Winner may be disqualified.

(G) Prizes That Involve Appearing in a Film, TV, or Other Production: This portion of any Prize is subject to the production occurring as scheduled and to the Potential Winner entering into third-party agreements (such as with an acting union, production company, or publishing platform, including agreements regarding appearance releases, confidentiality and background checks). Participation in such an acting opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.

13. PUBLICITY: Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the Experience, Prize, and/or any of the Experience Partners, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor (or the applicable Experience Partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested. 

Some jurisdictions may prohibit Sponsor from conditioning the awarding of a Prize on Winner’s consent to publicity as described in this Section 13. Winners who are residents of such jurisdictions and who object to such publicity, must notice Sponsor of such objections via email during the Winner confirmation process.

14. GENERAL CONDITIONS: 

(A) Sponsor reserves the right to cancel, suspend, and/or modify an Experience, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of an Experience, as determined by Sponsor. Sponsor reserves the right, in its sole discretion and at any time, to conduct maintenance for the Website or its systems that may suspend or otherwise impact access to an Experience. Sponsor reserves the right, in its sole discretion, to disqualify any individual tampering, or to attempting to tamper, with the administration and/or operation of any Experience, including without limitations the entry process or the Potential Winner draw process.

(B) ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH AN EXPERIENCE OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF AN EXPERIENCE WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. 

(C) SPONSOR RESERVES THE RIGHT TO IMMEDIATELY DISQUALIFY AN INDIVIDUAL FROM ANY OR ALL ACTIVE EXPERIENCES, AND/OR PROHIBIT  AN INDIVIDUAL FROM USING ANY DRIVEDRY.ORG WEBSITE OR PARTICIPATING IN ANY FUTURE DRIVEDRY.ORG EXPERIENCE, INCLUDING TERMINATION OF ANY SUCH INDIVIDUAL'S DRIVEDRY.ORG WEBSITE ACCOUNT IF SUCH INDIVIDUAL IS FOUND TO BE: (A) ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE WEBSITE, AND/OR THE LEGITIMATE OPERATION OF AN EXPERIENCE; (B) TO BREACH THE OFFICIAL RULES; OR (C) TO ACT IN AN UNSPORTSMANLIKE OR DISRUPTIVE MANNER OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN, OR HARASS ANY OTHER PERSON.  

(D) IF, FOR ANY REASON, THE EXPERIENCE CANNOT BE RUN AS PLANNED OR IF SPONSOR DETERMINES IN ITS SOLE DISCRETION THAT THE INTEGRITY OR VIABILITY OF AN EXPERIENCE IS COMPROMISED, SPONSOR RESERVES THE RIGHT TO VOID ANY ENTRY AT ISSUE AND (I) CANCEL OR TERMINATE THE EXPERIENCE (OR ANY PORTION THEREOF); (II) MODIFY THE EXPERIENCE OR SUSPEND THE EXPERIENCE TO ADDRESS THE IMPAIRMENT AND THEN RESUME THE EXPERIENCE IN A MANNER THAT BEST CONFORMS TO THE SPIRIT OF THESE OFFICIAL RULES; AND/OR (III) AWARD THE PRIZE AT RANDOM FROM AMONG THE ELIGIBLE, NON-SUSPECT ENTRIES RECEIVED UP TO THE TIME OF THE IMPAIRMENT.

15. INDEMNIFICATION: As a condition of entry, each Participant, agrees to defend, indemnify, release and hold harmless Sponsor, all other the Experience Partners, and their respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting an Experience, including Advertising Platforms, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in an Experience, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.

16. LIMITATIONS OF LIABILITY: The Released Parties are not responsible and will have no obligation or liability for or resulting from: (i) a Participant’s entry or attempt to participate in an Experience, (ii) incorrect or incomplete information, whether caused by a Participant, technical errors or by any of the equipment or programming associated with or utilized in an Experience, (iii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or software or scheduled or unscheduled maintenance; (iv) unauthorized human intervention in any part of the entry process or an Experience; (v) technical or human error in the administration of an Experience or the processing of registrations, (vi) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, undeliverable or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind (including, for example, SPAM filters); (vii) Participants who have committed fraud or deception in entering or participating in an Experience or claiming the Prize, (viii) an inability of the Winner to accept the Prize for any reason; (ix) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (x) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in an Experience or any promotion or Prize related activities. If for any reason, a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in an Experience.

17. BINDING ARBITRATION, NO CLASS ACTION:

Please read this section carefully. Participant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in an Experience.

(A) Mandatory Arbitration of Disputes:  As a condition of participation, Participant and Sponsor each agree that any dispute, controversy, or claim arising out of or      relating to an Experience, these Official Rules, or the breach, termination, enforcement, interpretation, or validity thereof, and including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) shall be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.  Participant and Sponsor agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Official Rules and that this arbitration provision shall survive termination of these Official Rules.

(B) Class Action Waiver: Participant and Sponsor each agree that either of them may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with Participant’s claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 17 shall be null and void.

(C) Limited Remedies: Additionally, except as may be provided for in Subsection 17(D), below, or prohibited by law, Participant and Sponsor each agree that, for any dispute, claim, or controversy arising out of or relating to an Experience, these Official Rules or the breach, termination, enforcement, interpretation, or validity thereof, their remedies are limited to a claim for money damages (if any) and they each irrevocably waive any right to seek injunctive or equitable relief.

(D) Exceptions and Opt-out: Notwithstanding Subsections 17(A) and (B), above, Participant and Sponsor each retain the right to:

(i) seek to resolve a Claim in small claims court if it qualifies; and

(ii) seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of their respective intellectual property rights.

In addition, Participant will retain the right to opt out of arbitration entirely and litigate any Claim if Participant provides Sponsor with written notice of Participant’s desire to do so by regular mail sent to the attention of DriveDry.org’s Legal Department at the DriveDry.org address set out in Section 22, below, within thirty (30) days following the date Participant first agrees to these Official Rules. If Sponsor changes any of the terms of this Section 17 after the date Participant first accepted these Official Rules (or accepted any subsequent changes to these Official Rules), Participant may reject any such change by sending Sponsor written notice within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, Participant is agreeing to arbitrate any Claim between Participant and Sponsor in accordance with the terms of this Section 17 as of the date Participant first accepted these Official Rules (or accepted any subsequent changes to these Official Rules).

(E) Dispute Resolution and Notification of Claims: Prior to bringing a Claim, Participant and Sponsor each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution.  To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party.  All Notices to Sponsor must be sent to the DriveDry.org address set out in Section 22, below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within forty-five (45) days after receipt of the Notice, then Participant or Sponsor may initiate arbitration proceedings as set out below.

(F) Arbitration Process and Rules:  Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com.  A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which Sponsor is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where Participant lives, unless Participant and Sponsor both agree to a different location.  The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both Participant and Sponsor may take one deposition of the opposing party, limited to 4 hours. If Participant and Sponsor cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining the arbitrator’s findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Official Rules.

(G) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If Participant asserts a claim against Sponsor, Participant will be responsible for paying the consumer filing fee. Sponsor will pay for all other JAMS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.

(H) Confidentiality: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either of Participant and Sponsor. Participant and Sponsor agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington, Delaware, or the United States District Court for the District of Delaware.

(I) Severability: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

18. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of Participants and Sponsor in connection with an Experience, shall be governed by, and construed in accordance with, United States federal law and the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof. 

19. PARTICIPANT'S PERSONAL INFORMATION: Information collected from Participants is subject to the Sponsor’s Privacy Policy, available at https://www.ridedrydrivedry.com/privatepolicy.

20. RESULTS:  A list of winners will be available on https://www.ridedrydrivedry.com/winners.

21. REFUNDING DONATION: Each donation in connection with an Experience supports an awesome cause and helps create real impact.  As such, Sponsor does not provide refunds once an Experience’s Entry Period has closed, except in the event of fraud and/or an invalid chargeback by a credit card issuer. 

22. SPONSOR CONTACT: DriveDry.org, Inc., PO Box 866, 9942 Culver Blvd, Culver City, CA 90232.

23. SEVERABILITY:  Each of the terms of these Official Rules operates separately.  If any court of relevant authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.

24. NO WAIVER: If Sponsor fails to insist that Participant perform any of Participant’s obligations under these Official Rules, or if Sponsor does not enforce its rights against Participant, or if Sponsor delays in doing so, that will not mean that Sponsor has waived its rights against Participant and will not mean that Participant does not have to comply with these obligations.  If Sponsor does waive a default by Participant, Sponsor will only do so in writing, and that will not mean that Sponsor will automatically waive any later default by Participant.

25. ENTIRE AGREEMENT:  These Official Rules, together with the applicable Experience Rules, constitute the entire agreement between Sponsor and Participant with respect to the Experience and supersede all prior or contemporaneous communications, whether electronic, oral or written, between Sponsor and Participant with respect to the Experience.

Copyright ©2022 DriveDry.org, Inc. All third-party names and trademarks are the property of their respective owners. Unless otherwise provided on an Experience webpage on the Website, each Experience on the Website is not sponsored, endorsed, or affiliated in any way with any advertising platform used in connection with the promotion of any Experience, including, without limitation, the Facebook platform owned and operated by Meta Platforms, Inc., Google LLC, Instagram, Inc., Pinterest, Inc., Reddit, Inc., Snap Inc., ByteDance Ltd., TikTok Inc., Twitter, Inc., and any of their respective parents, subsidiaries, and affiliates.

Pursuant to the laws of Florida, no purchase or contribution is necessary to enter the Raffle drawing. A Ticket may be obtained by mailing a request for free raffle tickets (one letter PER ticket) with a self-addressed, stamped envelope to Ride Dry Drive Dry, ATTN: Raffle Ticket Request, P.O. Box 677696, Orlando, FL 32867. The ticket(s) will be mailed to you for completion. Tickets MUST be returned, ONE per envelope, to the same address to qualify for the selected raffle.

Terms of Use

DRIVEDRY.ORG TERMS OF USE

Effective September 29, 2021 

NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (see SECTION 18) THAT GOVERN HOW CLAIMS WILL BE RESOLVED BETWEEN YOU AND DRIVEDRY, INC. (TOGETHER WITH OUR AFFILIATES, “DRIVEDRY,” “WE,” OR “US”).  EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 18, IF APPLICABLE, OR WHERE PROHIBITED BY LAW, BY USING THE SERVICES (AS DEFINED BELOW), YOU AGREE THAT DISPUTES BETWEEN YOU AND DRIVEDRY WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION (INSTEAD OF GOING TO COURT BEFORE A JUDGE AND JURY) AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-⁠WIDE ARBITRATION.

*          *          *

Please read these Terms carefully and check them regularly as they may change from time to time, per Section 3, below.

1. APPLICABILITY: These Terms of Use (these “Terms”) provide the general terms and conditions that govern your access to,  use of, and interactions with: (A) the DriveDry website located at www.DriveDry.org (the “Website”), (B) DriveDry applications made available through the Website (the “Software”), (C) any DriveDry-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter), and/or (D) any content, functionality, and services offered on or through the Website, Software and social media pages. To make these Terms easier to read, the Website and Software, along with the DriveDry-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, are collectively called the “Services.” 

PLEASE NOTE: Each of the promotional sweepstakes (the “Experiences”) offered on the Website are also governed by additional terms and conditions. Prior to participating in any Experience please carefully read the Experience Rules (located on each Experience webpage on the Website) and the Official Rules.

2. YOUR ACCEPTANCE OF THESE TERMS: These Terms constitute a binding contract between you and DriveDry. Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that DriveDry makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service. 

3. CHANGES TO THESE TERMS:DriveDry may modify these Terms at any time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.

4. AGE REQUIREMENT: You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Services.

5. ACCESS TO THE SERVICES: The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, in our sole discretion, change, modify and/or refuse to offer some of all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.

(A) LIMITING OR MODIFYING THE SERVICES: We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.
 
 (B) INTERNET ACCESS: You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.

6. ACCOUNT REGISTRATION AND SECURITY: To enjoy full access and use of our Services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”). 

(A) ACCOUNT INFORMATION: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
 
 (B) ACCOUNT SECURITY: Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your account, change your password and immediately notify DriveDry by sending an email to grant@ridedrydrivedry.com. 

7. TERMINATION OF RIGHT TO USE; ACCOUNT DELETION: We have the right to suspend, delete and/or disable any Account (or any part thereof) or block or remove any User Contribution (as defined in Section 11, below) for any lawful reason, including if we determine that you have violated these Terms or that your conduct or User Contribution would tend to damage DriveDry’s reputation or goodwill. If DriveDry deletes your account or terminates your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission by DriveDry.

8. PRIVACY POLICY: Please review the Privacy Policy to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.

9. LIMITED PERMISSION TO USE THE SERVICES:

(A) LIMITED LICENSE: Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, DriveDry grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only. You may not copy, modify, reverse engineer, disassemble, or create derivative works based on the Services, distribute, sell, grant rights in or to the Services, publicly display, republish, download, store, or transmit any of the Services, except as follows: 

i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and using the Services.

ii. You may store files that are automatically cached by your web browser for display enhancement purposes.

iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

iv. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

v. If we provide social media features with certain content, you may take such actions as are enabled by such features.

This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or DriveDry. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. DriveDry, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.

(B) DRIVEDRY INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the Website including, but not limited to, the DriveDry trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“DriveDry Intellectual Property”) are the property of DriveDry, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of DriveDry. All modifications and enhancements to the Services remain the sole property of DriveDry. You understand and acknowledge that, by using the Services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the DriveDry Intellectual Property in any manner not expressly permitted under these Terms.

10. GENERAL PROHIBITIONS AND DRIVEDRY'S ENFORCEMENT RIGHTS: You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree that you will not do any of the following:

(A) Impersonate or misrepresent your affiliation with any person or entity. 

(B) Interfere, or attempt to interfere, with the proper working of the Services.

(C) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by DriveDry.

(D) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

(E) Access, tamper with, or use non-public areas of the Services, DriveDry’s computer systems, or the technical delivery systems of DriveDry’s providers.

(F) Attempt to probe, scan or test the vulnerability of any DriveDry system or network or breach any security or authentication measures.

(G) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DriveDry or any of DriveDry’s providers or any other third-party (including another user) to protect the Services, systems, or other content.

(H) Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services.

(I) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Website.

(J) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials.

(K) Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

(L) Collect or store any personally identifiable information from other users of the Services.

(M) Use any device, software, or routine that interferes with the proper working of the Services.

(N) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(O) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected to the Services. 

(P) Attack the Website, or any other server, computer, or database connected to the Services, via a denial-of-service attack or a distributed denial-of-service attack.

(Q) Use, display, mirror or frame the Services or any individual element within the Services, DriveDry’s name, any DriveDry trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without DriveDry’s express written consent.

(R) Use any meta tags or other hidden text or metadata utilizing a DriveDry trademark, logo URL or product name without DriveDry’s express written consent.

(S) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information.

(T) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.

(U) Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that:

i. infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

iii. is fraudulent, false, misleading, or deceptive.

iv. is defamatory, obscene, pornographic, vulgar or offensive.

v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.

vi. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity.

vii. publishes the confidential, proprietary or personal information of any other person or entity.

viii. exploits minors. 

ix. promotes illegal or harmful activities or substances. 

(V) Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.

Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and DriveDry’s systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. USER CONTRIBUTIONS: The Services may include platforms, boards, profiles, forums, chat features and/or other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to DriveDry, to other users or to other persons generally (hereinafter, “post”) content or materials through or in connection with the use of any of our Services (collectively, “User Contributions”). We do guarantee that other users or third-parties will not use the User Contributions that you post. If you have ideas and/or information that you want to remain confidential and/or do not want us or others to use, do not post them. We shall have no responsibility to evaluate, use or compensate you for any User Contribution. Further, we are under no obligation to oversee, monitor, or moderate any Interactive Service we provide. You may be able to remove your User Contributions by specifically deleting it, but we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Contributions.

(A) NON-CONFIDENTIAL AND NON-PROPRIETARY: Any User Contribution, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary. 

(B) LICENSE TO USE USER CONTRIBUTIONS: You explicitly grant DriveDry and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their personal, non-commercial purposes. If you make suggestions to DriveDry or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to DriveDry a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.

(C) YOUR RESPONSIBILITY FOR YOUR USER CONTRIBUTIONS: Any User Contribution, whether publicly posted or privately transmitted, is the sole responsibility of the person who posed such User Contribution.  By posting any User Contribution, you represent and warrant that:

i. You are not a minor.

ii. You represent that you own (or have all rights necessary to grant DriveDry the license above to) all the User Contributions you may post, and that DriveDry will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s).

iii. All of your User Contributions do and will comply with these Terms and any content standard stated herein. 

(D) MONITORING AND ENFORCEMENT: We do not undertake to review all User Contributions before they are posted have and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action for any illegal or unauthorized use of the Services.

12. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT: DriveDry respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Contribution does not infringe any third-party’s right or other intellectual property rights. If you believe that the Services or any User Contribution contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please submit written notice to us at grant@ridedrydrivedry.com in accordance with this section. 

(A) COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information: 

i. Your name, address, telephone number, and email address.

ii. A description of the copyrighted work that you claim has been infringed.

iii. A description of where on the DriveDry Services the material that you claim is infringing may be found, sufficient for DriveDry to locate the material (e.g., the URL).

iv. A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

v. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

vi. Your electronic or physical signature.

You may submit this information, or any counter-notice, via:

Email: grant@ridedrydrivedry.com   (with the subject line “Copyright Notices”)

Mail: DriveDry, Inc.
 PO BOX 677696

Orlando, FL 32867

Attn: Copyright Agent

If properly notified that any materials infringe a third-party’s copyright, we will promptly remove such materials from the DriveDry Services in accordance with the U.S. Digital Millennium Copyright Act (“DCMA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, DriveDry may, when appropriate, terminate the Accounts and license hereunder of repeat copyright infringers.

DriveDry may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third-parties, including to the users who have posted the allegedly infringing material. 

13. THIRD-PARTY PRODUCTS: Third-party services, content, information, and products may be made available by DriveDry on or through the Website (“Third-Party Products”). Third-Party Products are provided solely for the convenience of our users and DriveDry makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third-parties that offer them.

14. HYPERLINKS: 

(A) LINKS FROM THE WEBSITE: The Website may contain links to websites operated by other parties. DriveDry provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of DriveDry, and DriveDry is not responsible for the content available on the other sites. Such links do not imply DriveDry’s endorsement of information or material on any other site and DriveDry disclaims all liability regarding your access to and use of such linked websites.

(B) LINKS TO THE WEBSITE: You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to DriveDry’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with DriveDry and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with DriveDry, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) DriveDry reserves the right to revoke its consent to the link at any time and in its sole discretion.

15. DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DRIVEDRY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. DRIVEDRY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRIVEDRY PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

16. INDEMNIFICATION: You agree to defend, indemnify, release, and hold harmless DriveDry and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons or property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) your use or misuse of the Website or the Software, (ii) your breach or alleged breach of these Terms, including, but not limited to a breach or alleged breach of any representation or warranty by you in these Terms; (iii) your violation of any law, rule, regulation, or rights of others in connection with your use of the Services, or (iv) infringement, violation, or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Submissions that you post on the Website or transmit through the Software.

17. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE, TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY DRIVEDRY; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III) THE USE OR THE INABILITY TO USE THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (VI) ANY OTHER MATTER RELATING TO THE SERVICES; (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF DRIVEDRY AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRIVEDRY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE OR ANY PORTION OF THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE AND THE SOFTWARE. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of DriveDry and its affiliates hereunder shall be limited to the fullest extent permitted by law.

18. BINDING ARBITRATION, NO CLASS ACTION: 

Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.

(A) MANDATORY ARBITRATION OF DISPUTES: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.  You and DriveDry agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the DriveDry entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that this arbitration provision shall survive termination of these Terms.

(B) CLASS ACTION WAIVER: You and DriveDry each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 18 shall be null and void.

(C) LIMITED REMEDIES: Additionally, except as may be provided for in Subsection 18(D), below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.

(D) EXCEPTIONS AND OPT-OUT: Notwithstanding Subsections 18(A) and (B), above, we each retain the right to:

i. seek to resolve a Claim in small claims court if it qualifies; and

ii. seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of DriveDry’s Legal Department at the DriveDry address set out in Section 21(C), below, within 30 days following the date you first agree to these Terms. If DriveDry changes any of the terms of this Section 18 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and DriveDry in accordance with the terms of this Section 18 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
 
 (E) DISPUTE RESOLUTION AND NOTIFICATION OF CLAIMS: Prior to bringing a Claim you and DriveDry each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution.  To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party.  All Notices to DriveDry must be sent to the DriveDry address set out in Section 21(C), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 45 days after receipt of the Notice, then you or DriveDry may initiate arbitration proceedings as set out below.

(F) ARBITRATION PROCESS AND RULES: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which the DriveDry entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and DriveDry may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Terms.

(G) ARBITRATION COSTS: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against DriveDry, you will be responsible for paying the consumer filing fee. DriveDry will pay for all other JAMS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph. 

(H) CONFIDENTIALITY: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and DriveDry agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware (or in the jurisdiction in which the DriveDry entity that you have contracted with is incorporated).

(I) SEVERABILITY: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. 

19. CONTRACTING ENTITY, GOVERNING LAW; JURISDICTION:  Users of the www.DriveDry.org website are contracting with DriveDry, Inc.

If you contracted with DriveDry, Inc., all matters relating to the Services and/or these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with United States federal law and the law of the State of Delaware, without giving effect to the conflict of laws rules thereof.

Subject to the arbitration provision and class action waiver in Section 18, above, if you contract with DriveDry, Inc., exclusive jurisdiction for all Claims that are not required to be arbitrated will be in the state and federal courts located in Wilmington, Delaware, United States and you consent to the jurisdiction of those courts. 

20. LIMITATION OF TIME TO FILE CLAIMS:  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. GENERAL:

(A) RELATIONSHIP OF PARTIES: You agree that no joint venture, partnership, employment, or agency relationship exists between you and DriveDry because of these Terms or your use of the Services.

(B) ASSIGNMENT: DriveDry may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without DriveDry's prior written consent, and any unauthorized assignment by you shall be null and void ab initio.

(C) NOTICES: All notices given by you or required under these Terms shall be in writing and addressed to: DriveDry, Inc., c/o General Counsel’s Office, PO Box 866, 9942 Culver Blvd, Culver City, CA 90232.

(D) EQUITABLE REMEDIES: You hereby agree that DriveDry would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

(E) FORCE MAJEURE: Neither you or DriveDry will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources. 

(F) WAIVER AND SEVERABILITY: Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

(G) ENTIRE AGREEMENT: These Terms, including Official Rules and Experience Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

(H) YOUR COMMENTS AND CONCERNS: The Website is operated by DriveDry, Inc.. All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement provision, Section 12(A), in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: grant@ridedrydrivedry.com. 

Copyright ©2021 DriveDry, Inc. All third-party names and trademarks are the property of their respective owners.