Rules

Great Gray Whale Migration Expedition Sweepstakes

Official Rules

• NO      PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS      SWEEPSTAKES.  A PURCHASE OR PAYMENT OF ANY KIND WILL      NOT INCREASE YOUR CHANCES OF WINNING.
• ODDS      OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
• VOID      WHERE PROHIBITED BY LAW.  
• AFFIDAVIT      OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE      REQUIRED.       
• ALL DISPUTES WILL BE RESOLVED      SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING      CLAIMS IN A CLASS ACTION FORMAT. 
• ONLINE ENTRY ONLY AND INTERNET      CONNECTION REQUIRED.
• THIS SWEEPSTAKES IS IN NO WAY SPONSORED,      ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INC. (“TWITTER”)      OR AMAZON.COM, INC. (“AMAZON”).

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

 1.  Eligibility.  The Great Gray Whale Migration Expedition Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in the fifty (50) states in the United States or the District of Columbia and who are at least the age of majority in his or her state of residence at the time of entry. Employees, officers and directors of TakePart, LLC (“Sponsor” or “Administrator”), Oceanic Society (“Oceanic”), their respective parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively with Sponsor and Oceanic, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize.  For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Void where prohibited by law.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

2.  Entry Period.  The Sweepstakes begins on or about 6:00:00 a.m. Pacific Time on June 14, 2016, and all entries must be received by the Sponsor on or before 11:59:59 p.m. Pacific Time on July 8, 2016 (the “Entry Period”).

3. How to Enter.  There is one (1) method of entry for this Sweepstakes:

Online Entry.  To enter the Sweepstakes, during the Entry Period, an entrant must complete all required fields in the entry form (the “Entry Form”) contained in the Sweepstakes entry widget (the “Widget”) located at http://www.takepart.com/captive (which such Widget may appear on other webpages, in Sponsor’s discretion). The Entry Form may ask for, among other things, entrant’s full name and email address, and other information as prompted. Entrant must complete the Entry Form with all required information and successfully submit the Entry Form in order for the entry to be eligible. Limit one (1) entry per person by submitting the entry form.

Additional Entries. After an entrant to the Sweepstakes submits his/her entry form through the Widget, such entrant may be prompted with an opportunity to obtain one (1) or more additional entries to the Sweepstakes drawing (each an “Additional Entry”) by completing one (1) or more of the following:

• Visiting a certain webpage in connection with a certain campaign related to marine mammals in captivity, by clicking on the applicable hyperlink in the Widget and following any additional instructions;
• Following @OceanicSociety on Twitter by clicking on the applicable hyperlink provided in the Widget and following any additional instructions;
• Following @TakePart on Twitter by clicking on the applicable hyperlink provided in the Widget and following any additional instructions;
• Posting a tweet on his/her Twitter account promoting his/her entry into the Sweepstakes using the Twitter share functionality provided in the Widget; and/or
• Referring others to enter the Sweepstakes by using a unique URL (the “URL”) presented to the entrant in the Widget (the entrant will receive one (1) additional entry for each person who successfully enters the Sweepstakes by using the URL).
• Entrants shall not be awarded any Additional Entries without first successfully submitting the Entry Form and being awarded an initial entry into the Sweepstakes. 

Limit of one (1) entry per person per method of entry set forth above (except in connection with Additional Entries that may be awarded solely via use of the URL, for which there is no limit).  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  All materials submitted become the physical property of Sponsor and will not be returned.  In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry for the domain associated with the submitted address provided that person is eligible.  Winner(s) may be required to show proof of being the registered account holder.  Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  For purposes of this Sweepstakes, an on-line entry is “received” when the Widget’s servers record the entry information.  Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes.  The Widget’s database clock will be the official timekeeper for this Sweepstakes.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof.   Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations.  The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

 4.  Winner Selection and Prize Claiming.  There will be one (1) winner selected in this Sweepstakes.  The potential winner will be selected through a random drawing on or about July 11, 2016, from all eligible entries received in accordance with these Official Rules.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner.  Decisions of Sponsor as to the selection of the winner will be final.  The potential winner will be notified using the information provided during entry by any of email, telephone, mail, a post on the potentially winning entry or through a direct message on a social media platform (if applicable) (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing.  The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing.  A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged.  The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. 

The potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s).  If the potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified, in Sponsor’s discretion.  Non-compliance shall result in disqualification, and the prize(s) may be forfeited or awarded to an alternate winner, in Sponsor’s discretion. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and the prize(s) may be forfeited or an alternate potential winner may be selected, in Sponsor’s discretion.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner(s).

5.  Odds.  Odds of winning will depend upon the total number of eligible entries received.

6.  Prize(s) and Values.  One (1) prize will be awarded, as follows: one (1) Sweepstakes winner (the “Winner”) will receive a prize consisting of the following: (a) the opportunity for Winner and one (1) guest (“Guest”), which such Guest must be at least eight (8) years of age as of the start of the Trip (defined below) and, if under the age of majority in Guest’s state of residence, have permission from Guest’s parent or legal guardian, to participate in a Baja: San Ignacio Lagoon & Sea of Cortez expedition from Oceanic (the “Trip”), a guided whale and wildlife watching trip in Baja California, which shall take place from February 24, 2017, through March 4, 2017, and is scheduled to include the following: (i) ground transportation, dinner, and hotel accommodations in Loreto, Baja California Sur; (ii) two days of whale watching in the Sea of Cortez, including island exploration with a picnic lunch; (iii) ground transportation to San Ignacio Lagoon, including stops to observe wildlife and other local sites of interest and lunch, dinner and safari-style tented camp accommodations on the beach in San Ignacio; (iv) three days of whale and bird watching in San Ignacio Lagoon; (v) ground transportation to Loreto, dinner, and hotel accommodations; (vi) ground transportation to the airport in Loreto; (vii) all meals except for snacks and two (2) dinners; (viii) Two Thousand Dollars ($2,000) payable by check; and (ix) an Amazon.com gift card valued at Five Hundred Dollars ($500) (collectively, the “Prize”), with each Prize having an approximate retail value (“ARV”) of Eight Thousand, Four Hundred Dollars ($8,400). A more complete itinerary and additional information relating to the Trip is currently provided by Oceanic at http://www.oceanicsociety.org/expeditions/baja-san-ignacio-lagoon-and-sea-of-cortez--69. Winner and Guest will be responsible for any and all expenses and travel costs not expressly stated as part of the Prize, including, without limitation, air travel to and from Loreto, Baja California Sur (where the Trip will begin and end), visas, vaccinations, ground transportation not specified as part of the Prize, meals and beverages not specified as part of the Prize, in-room charges (e.g., mini-bar, room service, telephone, internet, movies), gratuities, travel upgrades, baggage fees, and personal incidentals. Insurance policies covering medical expenses, emergency repatriation, personal liability, trip cancellation, curtailment, and loss of luggage and personal effects are strongly recommended for Winner and Guest. Winner and Guest should consult their doctor(s) to advise which (if any) vaccinations are recommended. Winner and Guest must book the Trip directly with Oceanic, and must accept the specific Trip scheduled for February 24, 2017, through March 4, 2017, or the Trip portion of the Prize may be forfeited. The Trip’s itinerary is subject to change. Sponsor is not responsible for any fees or additional charges resulting from Winner’s or Guest’s change(s) to itinerary, or for changes to the Trip’s itinerary. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion.  All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and are subject to prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the Winner with part or all of his or her Prize, Sponsor may elect to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  The Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Winner will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether it, in whole or in part, is used.  The ARV of the Prize is based on available information provided to Sponsor and the value of the Prize awarded to Winner may be reported for tax purposes as required by law.  Winner may be required to provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received.  Unclaimed Prize(s) will be forfeited.  Prize(s), if legitimately claimed, will be awarded.  The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach the winner because of an incorrect or changed address.  If Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that Prize or portion of the Prize.  No more than the stated Prizes will be awarded.  The total ARV of all of the Prizes awarded in this Sweepstakes is Eight Thousand, Four Hundred Dollars ($8,400) (USD).  The Sweepstakes Entities are not responsible for and no Winner will receive the difference, if any, between the actual value of such Winner’s Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.  Limit of one (1) Prize per person.

7.  Prize Winner and Guest Conduct.  Decisions regarding the conduct of the Winner and Guest in all aspects of their participation in the Prize will be in the sole discretion of Sponsor and any of its representatives and final and binding in all respects. Winner and Guest may be removed or disqualified from participating in any aspect of the awarded Prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If Winner or Guest who, in the opinion of Sponsor, Intrepid, or any of their representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the Prize.

8.  Publicity Release.  Subject to applicable law, Winner and Guest irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to the Winner.

9.  Tampering with Sweepstakes.   The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor or Administrator believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor or Administrator, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SWEEPSTAKES WEBSITE) OR WIDGET OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

10.  Suspension / Modification / Termination.  In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or Prize.  Sponsor additionally reserve the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

11.  Waivers, Disclaimers and Releases.  By participating in the Sweepstakes, entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, Twitter, Amazon, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from or participation in any Sweepstakes or Prize-related activity); (ii) any acceptance, possession, misuse or use of any Prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any Prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or Prize.  Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the Prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.  Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Widget or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.  Each entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. The Released Parties are not responsible for any changes or unavailability of any social media platform used for purposes of entering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.

12.  Entry Information and Sweepstakes Communications.  As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.

13.  Governing Law / Limitation of Liability.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

14.  Dispute Resolution.  The parties each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California, and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Los Angeles, California.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

15.  List of Sweepstakes Winner(s)/Official Rules Requests.   To receive a list of Winner(s), send a stamped self addressed envelope to: “Sweepstakes Winners List”, TakePart, LLC, 331 Foothill Road, 3^rd Floor, Beverly Hills, CA 90210, within sixty (60) days of expiration of the Entry Period.  Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules”, TakePart, LLC, 331 Foothill Road, 3^rd Floor, Beverly Hills, CA 90210, prior to the end of the Entry Period.  Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes in your request.

16.  Miscellaneous.  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on Sponsor’s website, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

17.  Identification of Sponsor.  This Sweepstakes is sponsored and administered by TakePart, LLC, 331 Foothill Road, 3^rd Floor, Beverly Hills, California, 90210. Reference to third parties in connection with Prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.

//END OFFICIAL RULES//