NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN MASSACHUSETTS, MICHIGAN, AND WHERE PROHIBITED BY LAW.
BY ENTERING TO WIN A PRIZE, PARTICIPANT AGREES TO THESE OFFICIAL RULES.
1. ELIGIBILITY: CONTEST IS OPEN TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. (EXCLUDING MASSACHUSETTS, MICHIGAN, U.S. TERRITORIES, AND WHERE PROHIBITED BY LAW), WHO ARE TOBACCO PARTICIPANTS 21 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION, AND WHO HAVE A VALID REGISTERED USERNAME (“USERNAME”) AND PASSWORD (“PASSWORD”) AT VELO.COM (“WEBSITE”) PROVIDED BY SPONSOR. NO PURCHASE IS NECESSARY TO ACQUIRE A USERNAME AND PASSWORD. Employees, contractors, officers, and directors (and their immediate families [spouse, children, parents, siblings, and their respective spouses] and those living in their same households) of Modoral Brands, Inc. (“Sponsor”), its parent, affiliates, subsidiaries, advertising and Contest agencies, Web masters/suppliers, vendors and contractors involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”) are not eligible. By participating, participant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Contest. Contest is subject to applicable federal, state, and local laws and regulations.
2. CONTEST PERIOD: The Contest begins on April 1, 2025, at 12:00:00 p.m. noon Eastern Time (“ET”) and ends on April 11, 2025, at 11:59:59 a.m. ET (the “Contest Period”). Sponsor's computer is the official clock for the Contest.
3. HOW TO ENTER: Participants must be 21 years of age or older nicotine consumers to enter. To participate, you must also have a valid Username and Password from Sponsor (as described in Rule #1).
Then, to enter, during the Contest Period, eligible participants must visit the VELO_US page on Instagram, look for the Contest post on the page (“Post”), leave a comment to the Post by answering the question asked in the Post “Tell us your most exciting pre-race ritual” (“Comment” or “Entry”) and follow @VELO_US on Instagram. Limit one Comment per person during the entire Contest Period. Upon Submitting the Comment and following @VELO_US, you will receive one (1) entry into the Contest. Limit one (1) entry per participant during the entire Contest Period.
By submitting a Comment, Participant hereby acknowledges and agrees that Sponsor or Contest Parties may contact Participant by sending an e-mail to the participant that is associated with his or her Username. Participant also hereby acknowledges and agrees that Sponsor may also tag their name (first name, last initial only), or location on Sponsor’s social media and website pages.
The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering the Contest, you are submitting the Comment to Sponsor and not Instagram.
How to obtain a free Username and update your Username contact information: A valid Username issued by Sponsor and Password will be required to participate in the Contest. A Username and Password can be obtained for free at the Website, by clicking on “Sign in or register” on the Website. No responsibility is assumed for failure to contact a participant due to that participant’s failure to maintain or update his or her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. Participant is responsible for the security of his or her Username and Password. Participant should take precautions to keep his or her Username and Password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages, or consequences one may suffer due to careless or unauthorized use of a Username or Password. Participants must use only one (1) Username and Password and must use the Username and Password assigned to participant by Sponsor. Should any participant attempt to use more than one Username and/or Password, or a Username and/or Password that was not assigned to participant, that participant will be disqualified in Sponsor’s sole discretion. In the event of a dispute about the identity of a participant, Comments will be determined to be made by the authorized account holder of the e-mail address associated with participant’s Username. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
By registering for a Username, participant will automatically be added to Sponsor's e-mail and mailing distribution list. Participant may subsequently opt out of either distribution list by calling toll-free 1-877-614-8873 or logging on to Website and making changes within his or her profile regarding the receipt of e-mail and/or mail from Sponsor. Opting out of either distribution list will not affect participant’s chance of winning. Please see Sponsor's Privacy Policy located at https://www.velo.com/footer-links/privacy-policy.html for details regarding the use of personal information collected in connection with this Contest. If you are selected and verified as a winner, your information may also be included in a publicly available winner’s list. Additionally, any communication between a potential winner and Sponsor or its agencies regarding this Contest (e.g., phone calls, text messages, chats, DMs, e-mails, etc.) may be recorded and retained for quality assurance and training purposes.
4. SPONSOR’S COMMENT AND CONTENT GUIDELINES: Participant’s Comment must comply with the following Content And Comment Guidelines in order to be selected as the Grand Prize winner. Sponsor may also delete Comments, at its sole discretion, if they are violation of any of the following:
– Comment must be the 100% original creation of Participant;
– Comment must be in English; common foreign words or phrases may be acceptable;
– Comment must be responsive to the topic in the Post;
– Comment must be unpublished and cannot have been submitted or used for any other commercial or public purpose;
– Comment cannot be offensive, inappropriate, vulgar, indecent, profane, obscene, hateful, harassing, threatening, misrepresenting, impersonating, defaming or disparaging against any individual or group of individuals, living or dead, of a certain race, ethnicity, gender, religion, age, or sexual orientation;
– Comment cannot reference illegal drug use, illegal firearms/weapons, or any other unlawful, dangerous, or unsafe activities;
– Comment cannot advertise, mention or promote any brand or product other than Sponsor’s,
– Comment must not contain anything relating to a particular political agenda/message/candidate/party;
– Comment cannot contain or solicit any personal identification such as full names, telephone numbers, or e-mail addresses;
– Comment must not use any property or rights belonging to a third party or otherwise infringe upon or violate any rights of any third party, including but not limited to, intellectual property rights such as patents, copyrights, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light or any other rights of any person or entity;
– Comment cannot contain content that is health or youth-oriented, as determined by Sponsor in its sole discretion;
– Comment may not reference or identify a minor and cannot itself be in violation of any law; and
– Comment cannot communicate messages inconsistent with those that Sponsor wishes to be associated with, which shall be determined by Sponsor at their sole discretion.
5. HOW WINNER IS DETERMINED/JUDGING CRITERIA: On or about April 12, 2025, a panel of independent judges made up of a Velo Brand Team and members of Velo’s Creative Agency will select the winning Comment from among all eligible Comments received during the Contest Period and that individual will be deemed the potential Grand Prize winner, subject to verification. The judges will use the following judging criteria and percentages to determine the potential Grand Prize winner: (1) the creativity in their answer provided in the Comment (51%); and (2) the relevance of their Comment to answering the question posted in the Post (49%) (collectively, the “Judging Criteria”). The Comment with the highest score using the Judging Criteria will be deemed the Grand Prize winner from among all Comments/entries received. In the event of a tie, the Comment with the highest score in the creativity in their answer provided in the Comment category will be deemed the Grand Prize-winning Comment from among all tying Comments.
The potential Grand Prize winner will be notified via direct message (“DM”) to their Instagram account within three (3) business days of selection. If the potential Grand Prize winner does not respond within three (3) days of notification being sent by Sponsor, the Grand Prize may be forfeited, and the next highest scoring Comment/entry will be deemed the alternate winner, at Sponsor’s sole discretion. After Sponsor notifies the potential Grand Prize winner via DM, a representative from a Contest Party will contact the winner via email at the address associated with the potential Grand Prize winner’s Velo account to verify eligibility.
If a potential Grand Prize winner cannot be contacted as set forth in the preceding paragraph, or if required Documentation (defined below) is not returned within three (3) days, or if any prize notification or prize is returned as non-deliverable or not received for any other reason beyond Sponsor’s reasonable control, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the Grand Prize will be forfeited and awarded to the next highest scoring Comment, at Sponsor’s sole discretion. Unclaimed prizes will not be awarded.
Verification of Potential Winner: THE POTENTIAL GRAND PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR A CONTEST PARTY. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.
Potential Grand Prize winner will be asked to complete, sign and return within five (5) days an Affidavit of Eligibility, Release of Liability and a Publicity Release (where legal), and written permission for Sponsor to conduct a background check (as discussed in more detail in the paragraph below) (collectively, the “Documentation”). Failure to complete the Documentation as required may result in potential Grand Prize winner’s disqualification, at Sponsor’s sole discretion, and selection of an alternate potential Grand Prize winner will be selected, based on the next highest scoring Comment using the Judging Criteria above.
Background Check Requirement: Once notified of being a potential Grand Prize winner, the potential Grand Prize winner hereby authorizes Sponsor and its designated agents and representatives to conduct a comprehensive review of potential winner’s background (the “Background Check”). Potential winner understands that they will be asked to provide a social security number or similar identification number, addresses or residences from the last seven (7) years, date of birth, prior names (e.g. maiden name) and any other information necessary for Sponsor to conduct a Background Check. The scope of the Background Check may include, without limitation, civil and criminal history records from any criminal justice agency in any or all federal and state records, sex offender registry check, and terrorist watch list check. By entering and being eligible to be the potential Grand Prize winner, potential winner agrees to provide all personal information needed and sign a release or authorization form as part of the Documentation in order to permit Sponsor to conduct the Background Check. Sponsor and its designated agents and representatives shall maintain all information received from this release and authorization form in a confidential manner in order to protect potential winner’s personal information.
Sponsor reserves the right, in its sole discretion, to disqualify a potential Grand Prize winner for any of the following reasons: (a) non-compliance with these Official Rules; (b) in the event that the potential Grand Prize winner notification is returned as undeliverable; or (c) Background Check or other information indicating a history, characteristic or quality considered by Sponsor to be unacceptable in a Winner in this Contest.
6. PRIZE AND APPROXIMATE RETAIL VALUE (“ARV”):
One (1) Grand Prize winner will receive a VIP Indy 500 Trip Experience. Prize includes a trip for two (2) people to Indianapolis, IN for a VIP race experience on May 23, 2025, through May 25,2025. Trip includes: round-trip coach-class airfare for winner and guest between an airport selected in Sponsor’s sole discretion and Indianapolis, IN from May 23, 2025, through May 26, 2025; airport transfers; Experience Coordinator; Three (3) nights hotel accommodations (standard room/double occupancy) at Hotel Indy; Food and Beverage Stipends; Two (2) tickets to the race event; Track Transfers; Track Hospitality; and Sponsor-specified Arrow McLaren Merchandise. Total ARV of Grand Prize is $16,524.79.
Approximate Retail Value ('ARV') of the prize is $16,524.79 No substitution or transfer of the prize is permitted, except by Sponsor at its sole discretion. All decisions made by Sponsor regarding winner selection are final and binding.
Notification of prize will be sent via DM following winner verification, followed by direct e-mail to Winner. If the Sweepstakes Grand Prize winner elects to take the Grand Prize Trip, the Grand Prize trip must be taken from May 23, 2025 – May 26, 2025, or the Grand Prize will be forfeited in its entirety without compensation or substitution. In the event the Grand Prize winner resides within 150 miles of Indianapolis, IN, ground transportation will be included in lieu of airfare and the difference between the actual retail value and the stated ARV will not be awarded. Actual retail value may vary depending on airfare fluctuations and other factors, and any difference between the stated ARV and actual ARV will not be awarded. Winner and Guest must travel on the same itinerary. Winner and guest are solely responsible for obtaining and traveling with photo identification and any other documentation required for travel. Winner and guest are solely responsible for any costs and expenses associated with taking the Grand Prize trip that are not expressly listed above, including but not limited to ground transportation, parking, meals and beverages, tips, insurance, souvenirs and other personal expenses. The winner must provide a major credit card upon hotel check-in. Race tickets are subject to the terms, conditions and restrictions printed on the tickets. Seat location is at Sponsor’s sole discretion. In the event the Race is postponed, cancelled, delayed or rescheduled outside of the dates of the trip, Grand Prize winner will not receive the Race tickets as part of the prize, in which case the remainder of the prize trip will still be awarded, and the ARV of the trip will be adjusted accordingly. Guest must be at least 21 years of age or older. All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Guest must execute a liability/publicity release (where legal) prior to issuance of travel documents. Reservations are subject to availability. The Grand Prize winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, baggage fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued, and stopovers are not permitted. Sponsor will not replace any lost, mutilated, or stolen tickets. The Grand Prize is non-transferable, and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize or portion thereof for one of equal or greater value for any reason. Winner and guest must comply with all policies, including public health policies, of relating to the Race event, applicable hotel and airline companies, local governmental bodies in Indianapolis, IN, and any other relevant policy-making body. Contest Parties are not liable or responsible for any expenses incurred or any inability to use any aspect of the prize resulting from the winner’s or guest’s failure to comply with any applicable policy. Contest Parties are not liable for any expenses incurred as a consequence of flight cancellation/delay. There shall be no compensation or prize substitution if winner and/or guest are unable to take scheduled trip or attend the Race by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, pandemic or other acts beyond Sponsor’s control.
General Prize Conditions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Selection of prize items will be at Sponsor’s sole discretion. Prizes will not be replaced if they are lost, stolen or expire prior to use by winner. Prizes are awarded "as is" with no warranty or guarantee, either expressed or implied, by Sponsor. Use of any prize is at the prize winner’s risk. Sponsor makes no representations or warranties whatsoever regarding the prizes offered in the Contest.
Winner must accept prize as stated by Sponsor, or prize may be forfeited. Winner may not substitute, assign or transfer a prize or redeem a prize for cash. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion.
Total ARV of all Prizes is $16,524.79
7. GENERAL CONDITIONS: By participating in the Contest, (a) participants agree that Sponsor and Contest Parties and all of their respective officers, directors, employees, representatives and agents are indemnified, released and will be held harmless by participants from any and all liability, for: (a) any claims relating to the disclosure of participants’ comment or comments on the Contest Post or any contents contained in the comment or comments on the Contest Post; (b) any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of the prize(s) awarded in this Contest or his or her participation in this Contest or any Contest-related activity; and (c) winners grant (and agree to confirm such grant in writing promptly upon request) to Contest Parties and those acting under their authority the right to the use of his or her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and Contest purposes (including the advertising and Contest of tobacco products) in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law.
If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Contest and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest, confirm Finalists, and award the prizes in a manner which is fair, appropriate, and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Contest Parties are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, submitted entries, or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer or mobile equipment, software, failure of any e-mail or electronic submitted answer to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person's computer or mobile device related to or resulting from participation in or downloading any materials from this Contest. Contest Parties are not responsible for any lost, late, misdirected, misdelivered, mutilated, or garbled mail, e-mail, votes, or other communications.
Any Contest materials including, without limitation, the offer, any abbreviated form of these Official Rules, these Official Rules, advertising and promotional materials and announcement of winners containing production, printing or typographical errors or obtained outside authorized, legitimate channels are automatically void; and the liability of Sponsor, if any, is limited to the replacement of such materials and participant, by participating, releases Sponsor, its parent, subsidiaries, advertising and Contest agencies, the Velo Brand Team and their respective officers, directors, employees and agents from any and all losses, claims or damages that may result therefrom. Any inconsistencies between any advertising or other promotional announcements or any abbreviated form of the Official Rules and these Official Rules shall be resolved in favor of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any change of e-mail address, mailing address and/or telephone number of participants. Reporting and payment of federal, state and local income and other taxes on the prizes, if any, are solely the responsibility of each winner. The prize winner will receive an IRS Form 1099 in the amount of their prize ARV, at the appropriate time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.
WARNING: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Any attempt by a participant to gain an unfair advantage in the Contest, including but not limited to creating multiple accounts, using false usernames, submitting false registration information, or engaging in any form of database manipulation, is strictly prohibited. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest cannot be run as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Contest or suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes according to the criteria set forth above from among the eligible, non-suspect entries received up to the time of the impairment.
8. LIABILITY LIMITATIONS: By participating in this Contest, participants agree that Sponsor, and their affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes to winners determined in accordance with the above criteria from among all legitimate, un-awarded, eligible prize claims.
Sponsor and Contest Parties are not responsible for lost, late, stolen, misdirected, non-delivered e-mails, mail, or other communications, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website or other connections availability, accessibility or traffic congestion, miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or other information or the failure to capture or the loss of any such information. Sponsor, its agencies, Web masters/suppliers, vendors and contractors are not responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Contest and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website.
BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZES, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, OR TERRORISM.
IN NO EVENT WILL SPONSOR OR CONTEST PARTIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SAID SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. BINDING ARBITRATION: Any and all disputes, controversies or claims arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S CONTEST, EACH PARTICIPANT AND PRIZE WINNER 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 CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 EVERY PARTICIPANT.
10. GOVERNING LAW & JURISDICTION: The Contest Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of laws or choice of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina, and any matters or proceedings which are not subject to arbitration as set forth in Rule #9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Winston-Salem.
SPONSOR: Modoral Brands Inc., 401 N. Main Street, Winston-Salem, NC 27101.