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La Catrina Más Catrina

Photo Submission Contest

We have our 2021 Winners!

1st Place Winner is Erika A. from Lake Elsinore, CA

2nd Place Winner is Alma C. from East Palo Alto, CA

3rd Place Winner is Olivia R. from San Jacinto, CA

Cardenas Markets thanks everyone for participating in this year’s Catrina Photo Contest. All winners will be contacted by a Cardenas Markets staff member on Monday, November 8th, 2021 to coordinate prize fulfillment. Winners, please do not reach out to our stores until contacted. Communications will be handled via email and phone.

Photo Submission Contest Sponsored By:

Below are all the submissions we received. Thank you for participating!

  • Official Rules and Regulations

    OFFICIAL RULES, PARTICIPATION AGREEMENT

    AND PRIVACY NOTICE (“OFFICIAL RULES”)

    NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE LA CATRINA MÀS CATRINA CONTEST (“CONTEST”).  VOID WHERE PROHIBITED BY LAW.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  PARTICIPATION IN THE CONTEST CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES.  THESE OFFICIAL RULES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12, BELOW.

    1.                   CONTEST AND JUDGING PERIOD: Contest begins October 20, 2021, at 08:00 AM Pacific Daylight Time (“PDT”) and ends November 2, 2021, at 11:59 PM PDT (“Contest Period”).  Sponsor’s computer is the official time-keeping device for the Contest. Voting for the top twenty (20) Contest submissions by the public begins November 3, 2021, at 12:00 PM PDT, and ends November 5, 2021, at 12:00 PM PDT (“Public Voting Period”). Judging and selection of the top three (3) Contest submissions by Sponsor begins November 5, 2021, at 12:01 PM PDT, and ends November 5, 2021, at 5:00 PM PDT (“Judging Period”).

    2.                   ENTERING THE CONTEST: Entrants may submit one photograph for the La Catrina mas Catrina Contest (“Contest”) by entering their photograph through Cardenas Markets, LLC’s (“Cardenas”) official Contest link: https://www.cardenasmarkets.com/catrina-contest-2021 (“Site”). Once the entrant accesses the Site, entrants must follow the on-screen entry instructions to fully complete their submission. To qualify, entrants are encouraged to paint their face in a traditional “Catrina Style” or “Sugar Skull Decorations,” and upload their “selfie” image or photograph through Cardenas’ Site https://www.cardenasmarkets.com/catrina-contest-2021. For a valid entry, you must provide all the requested information by completing the online submission form on Cardenas’ Site (https://www.cardenasmarkets.com/catrina-contest-2021) at the time of submission. Entrants may enter only once – no more than one entry per person is permitted. The use of any robotic, mechanic, automatic, programmed or similar entry method, or entering more than one email addresses, identities or devices for the same entrant shall void all entries, resulting in the entrant’s disqualification from the entire Contest. Once submitted, the submission cannot be modified. Your submission and photograph may not (i) infringe on any third-party intellectual property rights, (ii) invade the privacy or publicity rights of any person, or (iii) otherwise infringe or interfere with any third-party personal, property, or proprietary rights. By submitting a photograph, you represent and warrant that you are the author of the photograph, that it is original to you, that it has not previously been published, and that it does not infringe or violate any third party’s intellectual property rights, including any copyrights, trademarks, trade secrets, privacy or publicity rights, or any other proprietary rights of any third party. Any submission that, in the sole discretion of Sponsor, violates any third-party intellectual property or proprietary rights of any third party, or which contains vulgar, profane, pornographic, sexually explicit, disparaging, derogatory, offensive, or illegal material will be automatically disqualified with or without notice to the applicable entrant. By submitting a photograph, you hereby grant Sponsor a non-exclusive, royalty-free, irrevocable, perpetual, sublicensable and worldwide license to reproduce, prepare derivative works based on, use, sell, and otherwise distribute your photograph submitted as part of or in connection with the Contest, and waive all moral rights with respect to such photograph and Sponsor’s use as set forth herein. You agree that neither Sponsor nor any of the Released Parties (as defined below) is responsible for any unauthorized use of your photograph by third parties. Sponsor reserves the right to verify the eligibility of all entrants. By entering this Contest, entrants accept and agree to these Official Rules, the Privacy Notice (further outlined below) and the decisions of Sponsor, which shall be final in all matters. This Contest may use social media, including Facebook and Instagram to publish or post submitted entries or Contest winner(s). This Contest is not endorsed or certified by Facebook or Instagram. All Facebook and Instagram trademarks are the property of Facebook or Instagram. All questions, comments, or complaints regarding the Contest should be directed to the Sponsor at the address listed below and not to Facebook or Instagram. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. All entrants agree to follow and adhere to these Official Rules. Sponsor reserves the right to modify the Contest and the right to make changes or additions to these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of any term of these Official Rules.

    3.                   ELIGIBILITY: Contest is open only to residents of California, Nevada or Arizona who reside within a twenty-five (25) mile radius of a Cardenas Markets or a Los Altos Ranch Markets supermarket location (the “Contest Area”) that are United States citizens or legal residents and at least eighteen (18) years of age as of October 20, 2021. Entrants under 18 years of age, as of October 20, 2021, may enter into this Contest under the guidance, supervision and consent of their parent(s) or legal guardian(s). Employees of Cardenas Markets, LLC (“Sponsor”), Los Altos Ranch Market Acquisition, LLC, and their respective affiliates and subsidiaries (collectively “Promotion Parties”), and members of such employees’ immediate family or persons living in the same household as such employees are not eligible to enter or win the prizes from this Contest. The foregoing eligibility requirements are void where prohibited by law.

    4.                   PRIZES: A total of three (3) winners shall be selected. Each winner shall receive a prize issued for this Contest. First place winner shall receive a $500.00 Cardenas Markets gift card. Second place winner shall receive a $300.00 gift card. Third place winner shall receive a $100.00 gift card. Approximate retail value (“ARV”) of all three prizes, combined: $900.00. No substitution or transfer of prize is permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes are 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). All prizes will be awarded. If a Potential Winner (further defined below) is not eligible to receive a prize for any reason, including as described in Section 5, Sponsor may award the applicable prize to the next person whose photograph is selected, based on the judging criteria, further described in Section 5. In such circumstances. All income taxes and/or other applicable taxes and/or fees resulting from acceptance of a prize are the sole responsibility of winner.  The winner of any prize may be issued an IRS Form 1099-MISC for the ARV of the prize.

    5.                   SELECTION OF WINNERS; REQUIREMENTS; JUDGING CRITERIA: The Contest includes a contest of skill. All eligible Contest submissions shall be made available online at [https://www.cardenasmarkets.com/catrina-contest-2021] for the Public Voting Period. Voting will be available to any individual with internet access and an internet-capable device. Eligible entrants are encouraged to share the link during the Public Voting Period (provided herein this Section 5), on their social media platforms, to drive votes. The top twenty (20) Contest submissions that receive the most votes during the Public Voting Period shall be entered into the Judging Period whereby three (3) winners shall be selected by a panel of judges. These judges are comprised of Cardenas’ employees and shall include the Chief Marketing Officer, Marketing Manager, Creative Director, Director of Communications and Social Media Engagement Specialist. The top 20 Contest submissions will be judged by the foregoing panel of judges, appointed by Sponsor, based on a series of objective criteria. The criteria on which the winners will be selected shall be: (1) judges will consider the volume of public engagement on an entrant’s submission as seen on Cardenas’ Site; (2) the entrant’s adherence to theme (whether the painted face is depicted in a traditional “Catrina Style” or “Sugar Skull Decorations”); (3) the entrant’s creativity (this may include, but is not limited to, the use of jewelry, feathers, props and other materials other than face paint); (4) the entrant’s outfit; (5) photographic composition and quality of the photograph; (6) ambiance (this may include an altar or other prop and/or background); (7) color and lighting of the photograph; and (8) clarity of the photograph and entrant’s face painting. The three (3) Contest submissions that receives the highest total score from the panel of judges will be designated as a potential prize winner (“Potential Winner”). In the event of a tie, all tied submissions will be re-judged by the panel of judges based on the entrant’s adherence to the objective criteria listed within this Section 5 (excluding any criteria involving public engagement). Odds of winning depend on the number of qualified submissions. The award of a prize and the opportunity to win a prize are not conditioned on a minimum number of entries or Contest participants. The Potential Winners will be determined on or about November 5, 2021. Once the Potential Winners are selected, each Potential Winner shall be contacted on or about November 5, 2021, according to the information provided on the Site as part of their official entry. Following such notification, Sponsor will send Potential Winners a Prize Release Form. Potential Winners must sign and return the required Sponsor Release Agreement within three (3) days of receipt of said Prize Release Form, or such other date set by Sponsor, in order to receive the prize. Failure to respond within the applicable time period will result in forfeiture of the prize and the submission with the next highest score or ranking from the judging may be deemed by the Sponsor the Potential Winner (and this process may be repeated if necessary). In the event a dispute arises as to the identity of a Potential Winner, the identity of the entrant will be conclusively determined by the name on the online entry form. By entering the Contest and accepting a prize, the winning entrant grants permission to Sponsor and the Promotion Parties to use winner’s name, likeness, and biographical information in connection with the Contest and announcement of the winners and for other marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply.

    6.                   RELEASES AND LIMITATION OF LIABILITY: By entering this Contest, entrants waive all right to, and release and hold Sponsor, the Promotion Parties, Facebook, Inc. and Instagram, Inc., and each of their respective employees, officers, directors, agents, representatives, owners, managers (collectively, “Released Parties”) harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys’ fees) arising out of or in connection with participation in the Contest, submission of a photograph or other submission, or the selection of winners or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Sponsor, Promotion Parties, Facebook, Inc. and Instagram, Inc. will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive communications regarding the Contest due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Contest; by any human error which may occur in the processing of the entries in this Contest; or any typographical, technological, or other error in the publishing of the offer, administration of the Contest, entrant’s failure to timely or completely submit the Prize Release Form or applicable forms of identification, or any other information as reasonably requested by Sponsor, or announcement of the prizes.

    By entering this Contest, you waive section 1542 of the California Civil Code and any similar law of any state, territory, or other jurisdiction.  Section 1542 states:

    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

    7.                   CANCELLATION; MODIFICATION: Sponsor reserves the right to cancel or modify this Contest, including these Official Rules, in a manner it deems appropriate for any reason, including, but not limited to, if, in Sponsor’s sole and absolute discretion, Sponsor believes there is an error, any suspected evidence of tampering with any portion of the Contest, if technical difficulties (including viruses and bugs) compromise the integrity of the Contest, or any other problem or issue that prevents the Contest from running as planned; any such modification will be posted here.

    8.                   CHOICE OF LAW AND FORUM: ENTRANT AGREES THAT ALL MATTERS ARISING OUT OF OR RELATING TO THIS CONTEST AND THESE OFFICIAL RULES, AND THE PRIVACY NOTICE, ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES, WITHOUT REFERENCE TO THE CHOICE OF LAW PRINCIPLES THEREOF. ENTRANT FURTHER AGREES THAT ANY LEGAL SUIT, ACTION, PROCEEDING, DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST AND THESE OFFICIAL RULES, AND THE PRIVACY NOTICE, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF CALIFORNIA LOCATED IN SAN BERNARDINO COUNTY, CALIFORNIA OR THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION.

    9.                   WINNERS LIST: For the names of all winners, available on or after November 30th, 2021, send a self-addressed, stamped envelope to: 2501 E. Guasti Rd. Ontario CA, 91761.

    10.               PRIVACY NOTICE:  Information submitted with an entry is subject to the following terms (“Privacy Notice”):

    By entering the Contest, you consent to the information practices and other terms set forth in this Privacy Notice, also available online at www.cardenasmarkets.com/privacy_policy.

    Collection of Personal Information

    The term “Personal Information,” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household and is collected by Sponsor in connection with this Contest. The definition of “Personal Information” herein is intended to be consistent with the term as defined under the California Consumer Privacy Act of 2018 (CCPA). Sponsor uses and shares this Personal Information for the purposes described below.

    Sponsor collects Personal Information about you via the information Sponsor receives from you when you submit an entry form for the Contest or in connection with communications to you about the Contest. Information on the entry form may include your name, age, address, e-mail address, telephone number and information about the local Sponsor supermarket where you shop. Please note that Personal Information that is necessary for compliance with the law must be provided.

    Purposes for the Processing of Personal Information

    Sponsor collects Personal Information you provide when you enter that information in form fields in Sponsor’s entry form for this Contest. For example, Sponsor may collect:

    Category of Personal Information

    Business Purpose 

     

    Identifiers

    including name, age, address, e-mail address, telephone number, Social Security number, tax identification number, driver’s license number, online identifier, Internet Protocol address, and device identifiers

    To identify you as a Potential Winner of the Contest and otherwise administer the Contest in which you have chosen to participate.

     

    To market future contest opportunities or special offers, coupons and weekly mailers.

     

    To invite you to participate in consumer research surveys or focus groups.

     

    To send you invitations to become a brand ambassador for Sponsor on various social media platforms and attend special events planned by Sponsor.

     

    To market Sponsor’s potential future loyalty programs or e-commerce website for your subscription and sign up.

     

    To identify fraudulent or repeat entries for the Contest.

     

    To meet relevant regulatory requirements or legal obligations or internal group policies of Sponsor.

     

    To comply with tax requirements.

     

    Personal and Financial Information

    including signature, telephone number, State and identification card number

    To identify you as a Potential Winner of the Contest and otherwise administer the Contest in which you have chosen to participate.

     

    To meet relevant regulatory requirements or legal obligations or internal group policies of Sponsor.

     

    To comply with tax requirements.

    Demographic Information

    including date of birth and age.

    To meet relevant regulatory requirements or legal obligations or internal group policies of Sponsor.

     

    To comply with tax requirements.

    Sensory Data

    Including photographs you provide to Sponsor as part of the Contest.

    To administer the Contest in which you have chosen to participate.

    Geolocation Data

    Including embedded metadata in photographs you provide to Sponsor as part of the Contest and Internet activity

    To administer the Contest in which you have chosen to participate.

     

    Internet Activity

    Including cookies and information about your interaction with Sponsor’s website

    To administer the Contest in which you have chosen to participate.

     

    To improve Sponsor’s website and detect errors.

     

    To market Sponsor’s potential future loyalty programs or e-commerce website for your subscription and sign up.

     

    To identify fraudulent or repeat entries for the Contest.


    Disclosu
    re of Personal Information

    Sponsor does not disclose, share, or sell your Personal Information to any third parties for any monetary or commercial benefit.  Sponsor only discloses your information for a business purpose to service providers we utilize to administer the Contest, provide goods and services for you and for marketing and web hosting and management.

    Sponsor may disclose all of the Personal Information described above to Sponsor’s affiliates and to certain third parties (including regulatory bodies or service providers) under one or more of these circumstances:

    As Required by Law – if Sponsor is required by applicable law to disclose the information;

    As Authorized – if you request or authorize the disclosure of the information; and

    To Business Partners and Service Providers if Sponsor uses business partners and service providers, such as third-party social media platforms integrated into Sponsor’s website, analytics providers or Sponsor’s third-party managed contest platform (Shortstack Sweeps) or service providers engaged to perform services on Sponsor’s behalf (including web hosting). Sponsor uses this information to operate and administer this Contest and conduct marketing and advertising campaigns. All Personal Information you provide to such business partners or service providers is subject to the privacy policy or notice of such business partners or service providers.  

    As Permitted by Law – Sponsor may also disclose Personal Information in other circumstances, including to law enforcement or other government agencies, tax authorities, applicable regulators (or in response to requests from such parties) or in the context of litigation.

    Security of Personal Information

    Sponsor restricts access to your Personal Information described above and in its possession solely to those employees or affiliates of Sponsor who need to know that information to provide services to you, including the operation of this Contest, and may disclose Personal Information to third parties as set out above. Sponsor maintains physical, electronic, and procedural safeguards that comply with applicable laws and regulations to guard Personal Information. Please be aware that, despite Sponsor’s best efforts, no security measures are perfect or impenetrable.

    Your Rights

    Sponsor processes all Personal Information described above to the extent required by and in accordance with applicable law (including in accordance with any applicable time limits).

    You may have certain rights in relation to such Personal Information, depending on the situation.

    Residents of the State of California

    Under California law, individuals who are residents of California and whose Personal Information is collected and processed by Sponsor may have certain legal rights with respect to such Personal Information. With respect to the Personal Information described above, these include:

    ·         the right to request access to your Personal Information collected by Sponsor dating back one year before the access request is made. Specifically, you have the right to ask that Sponsor disclose:

    (i)                 the categories of Personal Information Sponsor has collected about you;

    (ii)               the categories of sources from which Sponsor collects your Personal Information;

    (iii)             the business or commercial purpose for collecting your Personal Information;

    (iv)              the categories of third parties with whom Sponsor shares your Personal Information;

    (v)                the specific pieces of Personal Information Sponsor has collected about you (also called a data portability request); and

    (vi)              if Sponsor disclosed your Personal Information for a business purpose, a list of the categories of Personal Information Sponsor has disclosed in the prior 12 months. 

    ·         The right to request that Sponsor delete your Personal Information that it collected from you and retained, subject to certain exceptions. Sponsor may deny your deletion request if retaining your Personal Information is necessary for Sponsor or its service provider(s) to fulfill its obligations to you in connection with the Contest, to protect the security or functionality of Sponsor’s operations, to exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law, to comply with legal and regulatory obligations, including the California Electronic Communications Privacy Act, to comply with a legal obligation, or for certain other reasons. 

    Sponsor does not sell Personal Information.

    If you are a California resident and you wish to exercise your rights to access the information Sponsor has collected about you and/or request that Sponsor delete the information about you, you will need to submit a verifiable consumer request so that Sponsor is able to corroborate your identity and provide your information to you.

    You may submit requests for access or deletion to Sponsor via the methods set forth in the Contact Us section below. Only you, or a person registered with the California Secretary of State that is authorized by you to act on your behalf, may submit a request for access to, or deletion of, your Personal Information. 

    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows Sponsor to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows Sponsor to properly understand, evaluate, and respond to it.

    Sponsor cannot respond to your request or provide you with Personal Information if Sponsor cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Sponsor will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.  Any request to delete submitted through an online request will require you first to submit the request and, second, separately confirm that you want the information deleted.

    Sponsor will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against an individual for exercising the rights afforded to him or her under the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100–.199.

    Some browsers may transmit “do-not-track” (“DNT”) signals to mobile applications with which the user communicates.  Sponsor currently does not change its tracking practices in response to DNT settings in your browser. Sponsor may have its third-party business partners or service providers, as discussed above, collect information about your online activities over time. These third parties may not change their tracking practices in response to DNT settings in your browser.

    Residents of the State of Nevada

    Under Nevada law, individuals who are residents of Nevada and whose Personal Information, described above, is collected and processed by Sponsor may have certain legal rights with respect to such Personal Information.

    Nevada residents who wish to exercise their right to opt-out of the sale of their Personal Information under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: marketing@cmkts.com. However, Sponsor does not sell any Personal Information.

    You may submit requests to review or correct any of your Personal Information, described above, that Sponsor has collected through its website, or other online service Sponsor operates, via the methods set forth in the Contact Us section below. Sponsor may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.

    Retention

    Sponsor endeavors to ensure that Personal Information is kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable. Sponsor will retain your Personal Information, as described above, for as long as is required to satisfy the purpose for which it was collected by Sponsor or provided by you, subject to your right, under certain circumstances, to have certain of such Personal Information erased (see Your Rights above), unless a longer period is required under applicable law or is needed to resolve disputes or protect Sponsor’s legal rights subject to any statutory limitation. Some Personal Information may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

    Updates to this Privacy Notice

    This Privacy Notice is subject to occasional revision and, if Sponsor makes any material changes in the way it uses your Personal Information, Sponsor will notify you by sending you an email to the last email address you provided to Sponsor and updating this Privacy Notice, as of the effective date above, or, where required by law, obtain explicit consent to use your Personal Information for any new purpose. Updates to the Privacy Notice can be found at https://cardenasmarkets.com/privacy_policy.

    Contact Us

    If you have any questions, comments, requests or concerns about this Privacy Notice or other privacy-related matters, you may contact Sponsor at:

    Cardenas Markets LLC
    2501 East Guasti Rd.
    Ontario, CA 91761
    Privacy Inquiry:
    https://www.lighthouse-services.com/cmkts/privacy
    Toll-free Number: (855) 550-0007

    In connection with any privacy-related requests you submit to Sponsor in exercising rights to which you are entitled under applicable law, Sponsor will undertake steps to verify your identity. Sponsor may ask you to provide information that Sponsor has on file about you or, if the request is submitted in writing or electronically, Sponsor may contact you via another method (e.g., phone) to verify your identity. Sponsor will only use Personal Information provided in a request to verify the requestor’s identity and authority to make the request and Sponsor will maintain a record of any such requests as required by law. 

    11.               SPONSOR:  Cardenas Markets LLC, 2501 East Guasti Rd., Ontario, CA 91761. This Contest is in no way sponsored, endorsed, or administered by or associated with Facebook, Inc. or Instagram, Inc.

    12.               MANDATORY ARBITRATION:  As a condition of participating in this Contest, except where prohibited by law, you agree that any dispute, claim, or controversy arising out of or relating to the Contest, the award of a prize, or the breach, termination, enforcement, interpretation, or validity of the Official Rules, shall be submitted to and determined by JAMS exclusively on an individual, non-class basis pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. For the avoidance of doubt, you agree that any and all disputes, claims, and causes of action arising out of or related to this Contest or any prize awarded shall be resolved individually and not in the form of any class action or other form of representative action. You agree that, as a condition of participating in this Contest, you and all entrants waive any right to bring any action arising from or related to the Contest or the award of a prize as a class or other representative action.

    The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an experienced commercial and contract law arbitrator.  The Sponsor shall bear the cost of the arbitration, including the compensation of the Arbitrator and all administrative expenses.  The parties may be represented by their own attorneys in the arbitration proceeding and, except as may otherwise be required by law, shall be responsible for their own attorneys’ fees and costs incurred in presenting their case to the Arbitrator. 

    The Arbitrator shall have the power to award all legal relief available in a court of law, including any and all damages that may be available for any of the claims asserted, provided, however, that the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits, or any other relief waived under this Agreement.  In addition, each of the parties shall retain all defenses that they would have in a judicial proceeding, including defenses based on the expiration of the statute of limitations and that the damages being sought are not authorized or are excessive.

    The Arbitrator shall render a written award within thirty (30) days after the matter is submitted for determination, and the award of the arbitrator shall be final and binding on the parties. Judgment on the award may be entered in any court having jurisdiction. This provision, however, shall not preclude the parties hereto from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, including preliminary injunctive relief.

    You agree and acknowledge that the Contest evidences a transaction involving interstate commerce and that this Agreement is entered into under the Federal Arbitration Act (“FAA”). Accordingly, this Agreement shall be interpreted and construed in accordance with the law and procedures developed under the FAA. The parties shall maintain the confidential nature of the arbitration proceeding and the Award. You agree that by participating in the Contest, you also enter into this agreement to arbitrate freely and voluntarily and without any form of coercion, duress or undue influence.

     

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