Lokai Explore Galapagos Sweepstakes
OFFICIAL RULES
NO PURCHASE OR MOBILE DEVICE NECESSARY.
PURCHASE OR MOBILE DEVICE USAGE DOES NOT IMPROVE CHANCES OF WINNING.
STANDARD DATA RATES AND TERMS/CONDITIONS WILL APPLY.
VOID WHERE PROHIBITED.
THIS SWEEPSTAKES IS OFFERED ONLY IN THE FIFTY (50) STATES OF THE UNITED STATES (“U.S.”), AND THE DISTRICT OF COLUMBIA (“D.C.”), AND IS INTENDED FOR PARTICIPATION IN THOSE AREAS ONLY. PLEASE DO NOT PROCEED IF YOU ARE NOT OF THE AGE OF MAJORITY OR OLDER IN YOUR JURISDICTION AS OF MARCH 4, 2022 AND A PERMANENT LEGAL RESIDENT OF ONE (1) OF THE FIFTY (50) STATES OF THE U.S. OR D.C. (EXCLUDING RESIDENTS OF ALASKA, FLORIDA, HAWAII, NEW YORK, RHODE ISLAND, OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES).
1. Eligibility: The Lokai Explore Galapagos Sweepstakes (“Sweepstakes”) is open only to permanent legal residents of the fifty (50) states of the U.S. or D.C.(excluding Alaska, Florida, Hawaii, New York, Rhode Island, Guam, Puerto Rico and all other U.S. territories and possessions), who are currently physically located and residing therein, and who are of the age of majority or older in the jurisdiction in which he/she resides as of March 4, 2022. Entrants must have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number, or a valid Social Insurance Number. The following shall each be a “Sweepstakes Entity” and collectively “Sweepstakes Entities”: Lokai Holdings LLC (“Lokai” or “Sponsor”), Supergoop!, and Lindblad Expeditions, LLC., (“Lindblad Expeditions”), Innovation Brands Corp. (“DojoMojo”) the “Sweepstakes Administrator”), and each of their advertising, promotion, and web design agencies, marketing and/or loyalty analytics companies, any agents acting for, or on behalf of the above entities, their respective parent, subsidiary, and related companies, officers, directors, subsidiaries, affiliates, licensees, service providers, SaaS providers, prize suppliers, or any other person or entity associated with the Sweepstakes. Employees of each Sweepstakes Entity, members of their immediate families (i.e., a spouse, domestic partner, child, sibling, parent, grandparent, the “steps” of each), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in the Sweepstakes.
2. Sweepstakes Description: This Sweepstakes begins at 12:00:01 a.m. Pacific Time (“PT”) on March 4, 2022 and ends at 11:59:59 p.m. PT on March 31st, 2022 (“Sweepstakes Period”) and consists of the Sweepstakes described in Section 4 below. This Sweepstakes has available multiple methods of entry: online at a Sweepstakes specific website, Instagram, and Twitter (as described further in section 3 below). Two (2) overall sweepstakes prizes will be awarded in this Sweepstakes.
3. How to Enter: An entrant can accumulate up to five (5) entries in this Sweepstakes via the below methods of entry. If an entrant elects to enter this Sweepstakes via any of the social media platforms described below and does not already have an existing account, he/she can create one for free by following the instructions provided at each social media platform’s registration page.
i. To enter this Sweepstakes online, an entrant must access www.dojomojo.com/landing/campaign/11598 (the “Website”) and complete the Sweepstakes entry form. Entrants must follow the online instructions and submit the following required information: first name, last name, and email address (collectively “Online Entry Information”). All required Online Entry Information must be completed in full, must be accurate and must be valid. After submitting the Online Entry Information, an entrant will receive one (1) entry into the sweepstakes (each an “Online Entry” and collectively “Online Entries”). As part of the Online Entry process, entrants will be prompted, but are not required, to opt-in to receive Lokai, Supergoop! and/or Lindblad Expeditions newsletter(s) and email communications and agree that their entry and any other information collected in connection with their Online Entry may be used by the Sweepstakes Entities in accordance with their respective privacy policies which may be found at https://lokai.com/pages/privacy; https://supergoop.com/pages/privacy-policy; https://www.expeditions.com/privacy-policy/; and https://www.dojomojo.com/home/privacy.
ii. To enter bonus entries into this Sweepstakes via Instagram, entrants must go to https://www.instagram.com/livelokai(“Instagram Site”), immediately after entering the sweepstakes described in 3.i. above by clicking the link that will appear on the post-registration page. Limit one (1) Instagram page visit per entrant, which provides a bonus of two (2) Instagram Entries for the entire Sweepstakes Period. Entrants can only participate in the Sweepstakes under one (1) Instagram account.
iii. To enter bonus entries into this Sweepstakes via Twitter, entrants must go to https://twitter.com/livelokai (“Twitter Website”), immediately after entering the sweepstakes described in 3.i. above by clicking the link that will appear on the post-registration page. Limit one (1) Twitter follow per entrant, which provide a bonus of two (2) Twitter Entries for the entire Sweepstakes Period. Entrants can only participate in the Sweepstakes under one (1) Twitter account.
The Online Entry Information must match the information of the person that completes the act of physically entering the Sweepstakes. Any social media account used to enter the Sweepstakes must belong to the person that completes the act of physically entering the Sweepstakes. Any Comment made on social media must comply with the relevant platform’s terms and conditions. Sponsor’s computer, applicable social media accounts, and any applicable promotion platforms are the official clocks for purposes of Sweepstakes participation. Online Entries, Instagram Entries, or Twitter Entries (collectively, “Sweepstakes Entries”) submitted from the same person in excess of the limits stated herein will be disqualified. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins, accounts, or any other methods including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s respective Sweepstakes Entry and that entrant will be disqualified. Proof of delivery or receipt of a Sweepstakes Entry will not be deemed by Sponsor as proof of entry. Any attempted form of participation in this Sweepstakes other than as described herein is void. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. The Website and/or social media platforms may not be accessible from all mobile phones, handheld devices and/or tablets. If a participant experiences any issues entering, he/she should access the Website from a desktop or laptop computer. Please use care and do not drive or operate machinery while entering the Sweepstakes. If entrants use a web-enabled mobile device to participate, data rates may apply (entrants should contact their service provider for data rates/plans).
4. Drawings and Notification of Potential Winners: There will be two (2) prize winners. Each prize winner will be randomly selected in a drawing from among all entries. Each drawing will be conducted by the Sweepstakes Administrator, an independent judging organization. The sweepstakes drawing will be held on or about April 5, 2022. Non-winning Sweepstakes Entries will NOT be retained. Sponsor will attempt to notify potential winners within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.
5. Prizes/Odds of Winning. There will be two (2) prize winners. Each prize winner will receive the following prizes: an expedition for the sweepstakes prize winner and one (1) guest (“Guest”) to Galapagos aboard National Geographic Endeavour II itinerary (exact dates to be selected by sweepstakes prize winner). Departure date is based on availability by Lindblad Expeditions and subject to holiday and other blackouts. Cabin booking and confirmation cannot be made until 60 days prior to sailing. For more information, please visit https://www.expeditions.com/itineraries/galapagos-aboard-national-geographic-endeavour-ii HYPERLINK "https://www.expeditions.com/itineraries/exploring-Galapagos-coastal-wilderness/" ). This prize consists of the following: round-trip coach-class air transportation from a major gateway airport closest to daily sweepstakes prize winner’s residence in the 50 states of the U.S. or D.C. to Galapagos (winner is responsible for transportation to/from the major gateway airport and air transportation may include one (1) or more stops); accommodations aboard the ship for seven (7) nights (one stateroom); pre-and post- voyage hotels (2 nights total), all meals and beverages aboard ship (excluding premium brands of alcoholic beverages); use of shipboard kayaks; cruise fare, taxes, and fees. Total Approximate Retail Value (“ARV”) of the sweepstakes prize is: $17,000. In addition to the Galapagos expedition, each Prize Winner will receive the following: one (1) Crossroads 29" piece of luggage (ARV: $450); one (1) Crossroads 27L Backpack (ARV: $230); two (2) Play lotions (ARV: $64); two (2) Play Mists (ARV: $44); two (2) Every Single Face Lotions (ARV: $68); two (2) Glow Sticks (ARV: $50); two (2) Unseen Sunscreen jumbo size (ARV: $88); and two (2) Lip Balms (ARV: $24). The total ARV of all of the Prizes together is $18,018. The actual retail value of the Prizes may vary depending on fare fluctuations and other variables. Odds of winning the sweepstakes prizes depends upon the total number of eligible Sweepstakes Entries received. The ARV may vary depending upon the dates of sailing and seasonal rates. Additional compensation will not be provided if actual value of a daily sweepstakes prize is less than stated ARV. Any difference between stated and actual value will not be awarded, refunded or credited. If a Sweepstakes prize winner elects to travel without a Guest, no substitute compensation will be awarded to such Sweepstakes prize winner and trip components will be awarded in amounts appropriate to the number of travelers. If any winner is under twenty-one (21) years of age, then such winner’s guest must be twenty-one (21) years of age or older. Lindblad Expeditions reserves the right to structure prize travel route (including, but not limited to, airports used) in its sole discretion. Trip is subject to air travel and cabin availability, holiday and blackout dates, and all other prize and travel restrictions and/or specific terms and conditions as set forth by the prize provider and/or Lindblad Expeditions. The Sweepstakes Entities do not guarantee the Galapagos expedition Sweepstakes prize will be available on the exact sailing dates requested by Sweepstakes prize winner. Travel is subject to capacity controls, availability, blackout dates and certain other restrictions, all of which are subject to change. Air transportation will not be provided if a potential winner lives within two hundred (200) miles of the ship’s embarkation city/town for the Galapagos aboard National Endeavor II itinerary. Once booked, no change, extension or substitution of trip dates is permitted. Once travel has been confirmed, any cancellation or change fees are the sole responsibility of such Sweepstakes prize winner and his/her Guest, as applicable. The Sweepstakes prize winner will be required to comply with all cruise check-in requirements (available online at https://www.expeditions.com/globalassets/pdf/ship-ticket-for-public-site-10.1.20.pdf), including, but not limited to, the presentation of a valid major credit card and/or proof of full vaccination against the COVID-19 virus, and results from any required pre-travel COVID-19 PCR testing. The Sweepstakes prize winner and his/her respective Guest must travel together on the same itinerary and in the same class of air travel. Additional guests and category upgrades are available at an additional cost to the Sweepstakes prize winner, subject to availability. No refund or credit shall be provided for stateroom downgrades. Each Sweepstakes prize winner and his/her Guest are solely responsible for obtaining all necessary and required travel documents (e.g. passport, visa, medically advisable immunizations, etc.) and other travel requirements. TRAVEL TO CERTAIN DESTINATIONS CARRIES AN INHERENT RISK OF DISEASE, INCLUDING BY WAY OF EXAMPLE ONLY, COVID-19 AND ITS VARIANTS, DENGUE, INFLUENZA, ZIKA. YOU ARE THEREFORE CAUTIONED TO CONSULT WITH A PHYSICIAN OR HEALTH CARE PROVIDER BEFORE TRAVELING TO A DESTINATION. Failure to provide such documents may result in trip cancellation at any point during the trip. In order to comply with the REAL ID Act (https://www.dhs.gov/real-id), adult travelers carrying driver’s licenses from a select number of U.S. states may be required to present a valid U.S. passport to travel on a domestic commercial flight in addition to international travel. Onboard credit cannot be exchanged/redeemed for cash or combined with any other offer. Onboard credit subject to stated terms and conditions.Items not specifically mentioned as being included as part of the Sweepstakes prize are the sole responsibility of the Sweepstakes prize winner and his/her Guest including, but not limited to, unspecified ground transportation, passport fees, visa fees, airport tax, travel tax, travel insurance, room service, laundry service, spa treatments or services, internet access, unspecified meals, alcoholic beverages, shore excursion(s), port charges, gift shop purchases, local and long distance telephone calls, unspecified gratuities, personal items, baggage fees, government fees, upgrades, onboard incidentals, and all other costs and expenses not otherwise mentioned herein. Prizes are subject to the terms and conditions set forth in these Official Rules and those set forth and detailed here: https://www.dojomojo.com/landing/terms/11598?_ga=2.209046231.418037735.1646399026-87849945.1646057673 . Trip must be completed by December 31, 2023 or the Sweepstakes prizes will be forfeited. The Sweepstakes prize restrictions/conditions stated herein are not all-inclusive and the trip may be subject to additional restrictions/conditions, which may be stated in the Affidavit/Release (described below) and/or theSweepstakes prize winner’s prize travel documents. If the Sweepstakes prizes are not redeemed, such Sweepstakes prizes are void. Trip is not transferable or redeemable for cash. Unused components of the Sweepstakes prizes have no redeemable cash value. Any unclaimed and/or unused prize element will be forfeited by and will remain the property of Lindblad Expeditions and Lindblad Expeditions shall not be responsible for any inability of the Sweepstakes prize winner to accept or use any portion of the Sweepstakes prize for any reason. No cash equivalent for prize(s) will be available. Prize(s) is not transferable. Sponsor, in its sole discretion, may substitute a prize with one (1) of equal value due to unavailability of advertised prize for any reason. Any depictions of prizes are for illustrative purposes only. Limit one (1) prize for the entire Sweepstakes.The Sweepstakes prize winner will be solely responsible for all taxes on prizes. Sweepstakes Administrator is not the supplier or guarantor of any prize. Prizes and/or prize notifications will only be shipped to street addresses in U.S. or D.C.
6. General Conditions: This Sweepstakes is governed by these Official Rules and all applicable federal, state, provincial, territorial, and local laws and regulations. Each potential Sweepstakes prize winner will be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release (releasing the Sweepstakes Entities), a Publicity Release (where lawful), and any other documentation that any of the Sweepstakes Entities may require (collectively “Affidavit/Release”), within five (5) days after receipt or such potential Sweepstakes prize winner may be disqualified, and an alternate potential Sweepstakes prize winner may be selected. The Sweepstakes prize winner’s Guest will be required to execute, have notarized, and return an original unmodified Liability Release (releasing the Sweepstakes Entities), a Publicity Release (where lawful) and any other documentation that any of the Sweepstakes Entities requires (“Guest Release”) within five (5) days after receipt by such potential Sweepstakes prize winner. By returning a completed Affidavit/Release and, if applicable, Guest Release, such Sweepstakes prize winner and Guest, respectively, attest to the provisions stated therein including compliance with these Official Rules. Once submitted, Sweepstakes Entry information becomes the sole property of Sponsor and will only be used to the extent described herein. Notwithstanding anything to the contrary in the Sweepstakes Entities’ privacy policies located, respectively, at https://lokai.com/pages/privacy; https://supergoop.com/pages/privacy-policy; https://www.expeditions.com/privacy-policy/; and https://www.dojomojo.com/home/privacy; except where prohibited by law, an entrant’s submission of his/her Sweepstakes Entry information constitutes permission of such entrant for the Sweepstakes Entities, and/or any other affiliate of the Sweepstakes Entities to use such entrant’s name, city and state/province/territory, photo, video, likeness, biographical information, statement, voice and Materials (as defined below) for advertising/trade/publicity purposes throughout the universe, in perpetuity, and in all forms of media now known or hereinafter devised (including but not limited to (i) posting on the Website (ii) posting on any of the Sweepstakes Entities’ and their affiliates’ social channels such as Facebook, Instagram, and Twitter (and future social channels to be launched), (iii) included in Sweepstake’s Entities’ emails, newsletter, mobile app, SMS, and print, without further notice, permission or compensation (other than the Sweepstakes prize(s) awarded, as applicable, to verified Sweepstakes prize winner), in connection with the Sweepstakes, or the prize awarded, and the advertising and marketing thereof and of the Sweepstakes Entities’ and/or their affiliates, assigns and/or licensees. For the avoidance of doubt, the photographs and/or recordings of everything entrants say or do on or in connection with the Sweepstakes submitted to the Sweepstakes Entities or made/created/developed by the Sweepstakes Entities and/or Sweepstakes prize providers will be owned by the respective prize provider, as often as such prize provider wishes. Entrants hereby represent and warrant that (a) entrants own or control the rights to any and all personal photography, comments, personal property, videos (including, but not limited to, video from cell phones and tapeless recorders) or other materials (the “Materials”) that entrants provide to Sweepstakes Entities and/or its affiliates, assigns and/or licensees, and (b) that entrants have obtained all necessary releases from third parties that appear in said Materials.
Entrants understand, agree, and consent that any personally identifiable information provided to the Sweepstakes Entities may be retained and used for the purposes of this Sweepstakes (including but not limited to: record keeping, tax forms, state registrations, and/or any prize fulfillment related obligations). Additionally, by opting into specific offers from any of the Sweepstakes Entities, Sweepstakes Entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive email and possibly mail communication from those companies regarding company news and promotions. The privacy policy for any Sweepstakes Entity participating in an opt-in will be accessible from the Sweepstakes entry form, as applicable. Entry information will not be sold. The Sweepstakes Entities do not and will not sell the personally identifiable information of any entrant or winner. Furthermore, the Sweepstakes Entities will not share or disclose any personally identifiable information to any third-party company or business unrelated to the Sweepstakes. Personal information collected will only be used for Sweepstakes administration purposes unless their express consent has been obtained beforehand. Sweepstakes Entry information will not be provided to any other entity other than as described herein or as stated in the opt-in offer on the entry form. The Sweepstakes Entities reserve the right, in their sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or any web page related to 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 in connection with the Sweepstakes. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible to win a prize and will be prosecuted to the full extent of the law. If, for any reason, the Sweepstakes is not capable of running as originally planned, the Sweepstakes Entities, in their sole discretion, reserve the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof; and, in its sole discretion, the Sweepstakes Entities may conduct the Sweepstakes drawing and award prizes in a manner that is fair, consistent, and in accordance with the spirit of the Sweepstakes. Notice of such action will be posted on Lokai.com as well as any applicable social media platforms. In case of a dispute over the identity of a participant who enters online who is a potential prize winner, the authorized account holder of the email address associated with such Sweepstakes Entry may be deemed, in Lokai’s sole discretion, the entrant. Said authorized account holder must comply with these Official Rules and, in Lokai’s sole discretion, may be required to provide proof of ownership of the email account.
7. Disclaimers: The Sweepstakes Entities are not responsible or liable for, and will deem ineligible, Sweepstakes Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) or by someone other than the entrant whose information is submitted or social media account is used to receive a Sweepstakes Entry, or for Sweepstakes Entries that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules. By entering this Sweepstakes, each entrant acknowledges and agrees (a) to be bound by the Official Rules as well as the decisions of the Sweepstakes Administrator, which are final and binding in all respects, (b) to waive any rights to claim ambiguity with the Official Rules, and (c) that Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with participation in thisSweepstakes; including, but not limited to, typographical errors in Sweepstakes promotional material; human error; incorrect or inaccurate transcription of Sweepstakes Entry information; including, but not limited to, typographical errors in Sweepstakes promotional material; acceptance/possession and/or use/misuse and/or defects of any prize awarded herein; including, but not limited to, any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the Website, any web page associated with the Sweepstakes (or Sweepstakes Administrator’s inability to access content on the Website), or any website or online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; any lost/delayed/duplicate/multiple data transmissions, omissions, interruptions, defects and/or any other errors or malfunction. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes due to their negligence or willful misconduct, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Instagram, and/or Twitter and Facebook, Instagram, and Twitter are completely released of all liability by each entrant in this Sweepstakes. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, (3) any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities or their parents, subsidiaries and affiliated companies, or (4) COVID-19 and its variants. The failure of the Sweepstakes Entities to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, demonstrations, riot, earthquake, terrorism, act of public enemies, strikes, actions of governmental authorities, epidemics, pandemics, or any circumstances outside of the control of the Sweepstakes Entities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
8. ARBITRATION; WAIVER OF INJUNCTIVE RELIEF; GOVERNING LAW: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO (I) THE SWEEPSTAKES, (II) THE AWARDING OR REDEMPTION OF ANY PRIZE AND/OR (III) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE OFFICIAL RULES OR THEIR ENFORCEMENT OR INTERPRETATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE U.S. STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. BY SUBMITTING A SWEEPSTAKES ENTRY, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN DELAWARE BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES WITH THE AGREEMENT OF THE PARTIES’ ADR SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY THE ARBITRATION SERVICE. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
ENTRANTS FURTHER UNDERSTAND AND AGREE THAT THEY SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, EXHIBITION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY MOVIE, SHOW, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF DELAWARE AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN DELAWARE SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES.
11. Sweepstakes Administrator: Innovation Brands Corp. d/b/a DojoMojo, 100 Crosby Street, Room 506, New York, NY 10012.
These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.