THIS SWEEPSTAKES IS OFFERED ONLY IN THE 50 STATES OF THE UNITED STATES ("U.S."), AND THE DISTRICT OF COLUMBIA ("D.C."), AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR OLDER AND A PERMANENT LEGAL RESIDENT OF ONE OF THE 50 STATES OF THE U.S. OR D.C. THIS SWEEPSTAKES SHALL BE CONSTRUED AND GOVERNED ACCORDING TO THE LAWS OF THE U.S.
ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO (i) THE SWEEPSTAKES, (ii) THE AWARDING OR REDEMPTION OF ANY PRIZES AND/OR (iii) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE OFFICIAL RULES OR THEIR ENFORCEMENT ON INTERPRETATION SHALL BE GOVERENED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE 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 STATE'S LAWS. BY SUBMITTING AN ENTRY, EACH ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN IF THE ENTRANT IS A MINOR IN THE JURISDICTION HE/SHE RESIDES) AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES WITH THE AGREEMENT OF THE PARTIES' ADR SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY THE ARBITRATION SERVICE. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
ENTRANTS FURTHER UNDERSTAND AND AGREE THAT THEY SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY MOVIE, SHOW, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE CURRENTLY UNENFORCEABLE UNDER CALIFORNIA LAW BUT MUTUALLY INTEND FOR THIS SECTION TO APPLY IN THE EVENT SUCH PROVISIONS LATER BECOME ENFORCEABLE UNDER CALIFORNIA LAW.
THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES.
©2009 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.