Win an ASUS TUF 15 Laptop Prize Pack

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.
ENTRY VIA THE SWEEPSTAKES WEBSITE AT
https://gleam.io/jkRnd/dts-techthehalls-giveaway-content-creator-prize-pack ONLY. INTERNET CONNECTION AND EMAIL ADDRESS REQUIRED. YOU MUST REGISTER YOUR EMAIL ADDRESS AT THE CONTEST WEBSITE FOR PURPOSES OF RECEIVING PRIZE NOTIFICATION AND OTHER IMPORTANT SWEEPSTAKES INFORMATION.
ALL PRIZES ATE PROVIDED BY THE SPONSOR AND THIS SWEEPSTAKES IS IN NO WAY SPONSORED BY LOGITECH, ASUS, SONY, PHILIPS, OR ANY OTHER MANUFACTURER OF A SWEEPSTAKES PRIZE OTHER THAN SPONSOR.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A 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 2021 DTS tech the Halls Sweepstakes (the “Sweepstakes”) is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years of age or older at the time of entry, except for residents of Florida, New York, and Rhode Island. Employees, officers and directors of DTS, Inc. (the “Sponsor”), its parent, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, 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 in Florida, New York, Rhode Island and 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 entry period begins at 12:00:00 PT on December 6, 2021 and ends at 11:59:59 PT on December 24, 2021 (“Entry Period”).
3. HOW TO ENTER: There is one (1) method of entry for this Sweepstakes, as follows:
3.1 Website Method of Entry. To participate and enter this Sweepstakes, individuals will need to navigate to the Sweepstakes website located at
https://gleam.io/jkRnd/dts-techthehalls-giveaway-content-creator-prize-pack (“Sweepstakes Website”). You must complete all information required on the Sweepstakes Website, including your name and a valid email address, and agree to these Official Rules (“Required Information”) to receive an entry in the Sweepstakes. If all Required Information required in the Sweepstakes Website is not completed, you will not receive an entry in the Sweepstakes. By participating in the Sweepstakes, you unconditionally accept and agree to comply with and abide by these Official Rules and all decisions of the judges, which shall be final and binding in all respects and to receive marketing email messages from Sponsor. Entrants can opt out of receiving marketing emails at any time after entry. All entries must be received by the end of the Sweepstakes Period. Any information submitted by you will be subject to Sponsor's privacy policy posted at https://dts.com/privacy-policy/. If you do not agree to Sponsor’s terms of service and privacy notice, you cannot register with dts.com to participate in this Sweepstakes.
3.2 Limit of one (1) entry per person during the Entry Period. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may disqualify all of entrant’s entries. 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, inappropriate, , 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. The Sponsor’s designated clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.
3.3 NOTE ABOUT SWEEPSTAKES ENTRIES: Sweepstakes Entities are not responsible for any changes or unavailability of the any service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use any channel of communication, such as radio or social media, 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, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the email address associated with the email account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Potential winners may be required to provide Sponsor with proof that he/she is the registered account holder for the email address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. It is a potential winner’s responsibility to set his/her Account settings to accept contacts by Sponsor and to timely check his/her Account for any Sponsor messages.
3.4 MOBILE DISCLOSURE: If you opt to receive Sponsor’s communications, including any prize notification or other Sweepstakes-related communications, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including notification if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
4. SELECTION OF WINNERS AND PRIZE CLAIMING
4.1 There will be three separate prize drawings in the Sweepstakes (collectively “Drawings” and each a “Drawing”). The first Drawing (“Drawing #1”) will take place on December 12, 2021. The second Drawing (“Drawing #2”) will take place on December 19, 2021. The third Drawing (“Drawing #3”) will take place on December 26, 2021. One (1) winner will be selected for each Drawing. The potential winner for each Drawing will be selected randomly from among all eligible entries for the Sweepstakes and that have complied with these Official Rules and were received before the time of the Drawing. The potential winners will be notified as described below within a commercially reasonable time after the drawing. The potential winners will be contacted at the email address provided by the potential winner at registration on the Sweepstakes Website. Maximum one (1) prize per person. Entrants who are selected as a winner in one Drawing will be ineligible for subsequent Drawings. Potential winners will be notified by email using the contact information given at the time of entry within 5 days after the applicable Drawing. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within 5 days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. It is your responsibility to timely set your account settings to accept contacts by Sponsor and to timely check your inbox for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winner(s) will be final.
4.2 Each potential winner will 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. If any 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 and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prize. 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 an alternate potential winner may be selected. 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 prizes. 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 winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
5. PRIZES AWARDED
5.1 The prizes for the winners of the Drawings are as follows:
The winner of Drawing #1 will receive a prize pack consisting of (“Content Creator Prize Pack”):
One (1) Blue Yeti X microphone
One (1) Asus TUF Dash 15 laptop
One (1) Logitech 4k webcam
The approximate retail value (“ARV”) of the. Content Creator Prize Pack is $1450.00
5.2 Each winner will not get to choose their prize. Limit of one (1) prize per person and per household. Winner must show proof of residency before the prize will be delivered by the Sponsor. 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 prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable 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 are provided by Sponsor and the manufacturer of any prize or component thereof is not affiliated with the Sweepstakes in any way. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. The total ARV of all of the prizes awarded in this Sweepstakes is US$597.00. Any prize must be claimed in and delivered to a resident of the 50 United States and/or the District of Columbia, except for Florida, New York, and Rhode Island, except in Sponsor’s sole and absolute discretion.
6. ODDS OF WINNING: The odds of winning depend upon the number of eligible entries received.
7. PUBLICITY RELEASE: Subject to applicable law, winners 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 prizes to the winners. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
8. CONDITIONS OF ENTRY: Entrants must meet the eligibility criteria and enter in the manner described in these Official Rules. Each entrant acknowledges and agrees that the Sweepstakes is not endorsed or sponsored by Logitech, Asus, Sony, Philips, or any other manufacturer of a Sweepstakes prize other than Sponsor. By entering or otherwise participating, entrants agree to these Official Rules and the decisions of the Sponsor which shall be final and binding in all respects. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY POTENTIAL WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH POTENTIAL WINNER’S DISQUALIFICATION AS AN OFFICIAL WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS AN OFFICIAL WINNER WILL BE IMMEDIATELY TERMINATED. Entries that fail to comply with these Official Rules may be disqualified. Sponsor is not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost or delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any Website or online service, or any other error or malfunction, or late, lost, misdirected, invalid, incomplete or illegible entries, including without limitation, any injury or damage to entrant’s or any other person’s computer resulting from any cause, including without limitation downloading any materials related to the Sweepstakes or Sponsor. All entries become the property of Sponsor and will not be acknowledged or returned.
9. CONDITIONS OF PARTICIPATION: Noncompliance with these Official Rules will result in forfeiture of prize and disqualification in which case an alternate potential winner will be randomly drawn in accordance with the above procedures. By entering, entrants agree to release, discharge, defend, indemnify and hold harmless the Sweepstakes Entities and each of their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from and against any and all damaged, death, losses, claims, actions, demands or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to 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, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from 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 Sweepstakes Entities 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. Sponsor has the sole and binding right to decide all matters and disputes arising from the Sweepstakes and its determination shall be final and binding on all entrants. By participating, entrants agree to be bound by these Official Rules and waive any and all rights to claim ambiguity or error in these Official Rules or in the Sweepstakes itself. Sponsor reserves the right, at its sole discretion, to disqualify duplicate or near duplicate entries or registrations from the same individual, or any individual it finds to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries from one (1) person using multiple/different email accounts, identities, registrations, or logins shall be void and such person shall be disqualified from participating in the Sweepstakes.
10. FULFILLMENT: Prizes will be shipped in 6-8 weeks after winner announcement. Type of delivery service will be at sole discretion of Sponsor. Sponsor is not responsible for prizes lost or damaged.
11. LIMITATIONS: Sponsor reserves the right to clarify or correct any typographical, printing, computer programming, calculation, or operating errors associated with the Sweepstakes at any time, including during the Sweepstakes Period. In the unlikely event that Sponsor is unable to continue the Sweepstakes or provide the prizes for any reason, including, but not limited to: computer hacking, tampering, virus or bugs, delay or failure to act, bankruptcy, negligence, or unforeseen circumstances beyond its control, Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) 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 (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
12. TAMPERING WITH THE 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 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, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE 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. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted via a Sponsor update and/or on the site(s) where these Official Rules have been posted.
13. 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 entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
14. WHO WON/OFFICIAL RULES REQUESTS: To receive a list of winners, send a stamped self-addressed envelope to: “Sweepstakes Winners List”, DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302 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”, DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302 prior to the end of the Sweepstakes Period. Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes in your request. Vermont residents may omit return postage with Official Rules requests.
15. SPONSOR: The sponsor of the Sweepstakes is: DTS, Inc., 5220 Las Virgenes Road, Calabasas, CA 91302.
16. 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 Sweepstakes Entities 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 state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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; (2) 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; (3) 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 (4) 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.
17. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the 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 Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. 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.
18. 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 the 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.