Any giveaway is conducted in English and any and all disputes that cannot be resolved between the parties within Thirty (30) days of the date of the commencement of negotiations between the parties, and causes of action arising out of connected with any giveaway, will be resolved through non-binding mediation. The parties shall select a neutral third party each to administer the mediation. The mediation will be conducted in accordance with the American Arbitration Association Rules addressing mediation. If the dispute is not resolved through medication within a reasonable time period, not to exceed Sixty (60) days, as hereinabove provided or otherwise by agreement, the dispute shall be finally settled by binding Arbitration.
The Arbitration will be conducted expeditiously in accordance with the American Arbitration Commercial Arbitration Rules at a mutually agreeable location. Any award rendered in arbitration shall be limited to those remedies available to any appropriate court of competent jurisdiction in the State of California, exclusively, and subject to the laws of the State of California, including awarding attorneys’ fees and costs of the legal proceeding to the prevailing party. The award rendered through arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction for execution.
By participating, entrants agree [a] to these rules and decisions of Sponsor and judges, which shall be final in all respects relating to this Sweepstakes; and [b] to release, discharge and hold harmless Sponsor and its agents from any and all injuries, liability, losses and damages of any kind resulting from their participating in the Sweepstakes or their acceptance, use or misuse of a prize including, without limitation, personal injury, death and property damage; and if a winner, [c] to permit Sponsor to use his or her name, photograph, likeness, statements, and city and state for advertising, publicity and promotional purposes in all media, including but not limited to on air and online, in perpetuity, without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request. Sponsor and its agents are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet, computer or other technical malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the collection, processing and transmission of data; [b] lost, late, misdirected, illegible or incomplete entries or postage-due mail; [c] any type of graphical or other error in the advertising or printing of the Sweepstakes or in the administration of the Sweepstakes; or [d] any condition that may cause the administration, security or proper play of the Sweepstakes to be disrupted or corrupted; and in such event Sponsor reserves the right in its sole discretion to cancel or suspend the Sweepstakes or any portion thereof and to award the prize(s) via a random drawing from among all eligible entries legitimately received prior to cancellation. Entry information becomes property of Sponsor.
Internet entry must be made at the authorized web site address. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered at the time of entry. Potential winner may be required to provide evidence that winner is the authorized account holder of the e-mail address associated with the winning entry. Sponsor’s decisions are final and binding. In the event that the Sponsor is not able to contact the randomly-chosen winner after due diligence (two emails and one telephone call, if telephone number provided) and a time period of 3 days from the date of the drawing, the Sponsor may draw a new winner and the first winner forfeits all claims to the prize and/or damages and holds Sponsor blameless. It is the responsibility of entrants to provide a valid e-mail address so Sponsor can make contact. Sponsor’s promotional partners and other parties grant Sponsor, its promotional partners and other third parties with whom Sponsor chooses to share entrants information, permission to contact entrants about upcoming promotions, special offers or for other reasons via electronic and ordinary mail.