Kung Fu Panda 3: The Journey Home Sweepstakes
NO PURCHASE IS NECESSARY TO PLAY OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. INTERNET ACCESS AND A VALID EMAIL ADDRESS REQUIRED TO PARTICIPATE VIA THE ONLINE METHOD OF ENTRY.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A LIMITATION OF YOUR RIGHTS AND REMEDIES. AS MORE FULLY DETAILED BELOW, YOU AGREE THAT ALL DISPUTES ASSOCIATED WITH THE SWEEPSTAKES (DEFINED BELOW) WILL BE DECIDED BY BINDING ARBITRATION (SEE RULE 10).
1. PROMOTION DESCRIPTION: The Kung Fu Panda 3: The Journey Home Sweepstakes (“Sweepstakes”) is comprised of: (a) an in-theater entry method (“In- Theater Entry Method”) available at participating movie theaters (each, a “Movie Theater”) in the fifty (50) United States and District of Columbia (collectively the “Territory”) which begins on November 26, 2015 and ends on December 4, 2015, or when supplies of Kung Fu Panda 3 fortune cookies (the “ Kung Fu Panda 3 Sweepstakes Fortune Cookies”) are exhausted, whichever occurs first (“Sweepstakes Entry Period”); and (b) an online entry method (“Online Entry Method”) which begins at 12:00:00 a.m. PST on November 26, 2015 and ends at 11:59:59 p.m. PST on December 4, 2015 (“Online Entry Period”) and that is conducted at www.kungfupanda.com/fortune (the “Official Website”). The Sweepstakes is governed by these Official Rules.
The “Sweepstakes Computer” is the official timekeeping device for the Sweepstakes. Except as otherwise specifically stated in these Official Rules, all times mentioned in these Official Rules are Pacific Standard Time. A day is the 24-hour period beginning at 12:00:00 a.m. PST and ending that same day at 11:59:59 p.m. PST (a “Day”).
2. WHO IS ELIGIBLE TO PARTICIPATE/TO WIN:
A. Eligibility: The Sweepstakes is open to individuals who are residents of the Territory and are thirteen (13) years of age or older at the time of participation. Persons in any of the following categories are NOT eligible to participate: any person who on or after May 1, 2015, was or is (a) an employee, officer, director, agent or representative of DreamWorks Animation L.L.C, Twentieth Century Fox Film Corporation, their respective parent company(ies), affiliates, subsidiaries, subsidiaries of its parent, advertising, production and promotion agencies or suppliers of materials or services related to the Sweepstakes; (b) a director, owner, partner, officer, employee, agent or independent contractor of any theater at which Kung Fu Panda 3 Sweepstakes Fortune Cookies are distributed to the public as part of the Sweepstakes; (c) an immediate family member (defined as parents, children, siblings and spouses, domestic partners, regardless of where they live) and those with whom such individuals are domiciled (whether related or not).
B. Agreement To Official Rules: The Sweepstakes is conducted in the Territory by DreamWorks Animation, LLC (the “Sponsor”), and each person who participates (a “Participant”), and if the Participant is under the age of majority in his/her residential jurisdiction (a “Minor Participant”), that Minor Participant’s parent or legal guardian on behalf of the Minor Participant, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding with respect to all aspects of the Sweepstakes.
C. To Be Eligible To Win: Winning any prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules. Until a potential winner is verified to be eligible and in compliance with these Official Rules, the potential winner is, and will remain, only a potential prize winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not eligible to participate in the Sweepstakes (see Rule 7 “Verification”). Sponsor reserves the right to disqualify any potential winner who Sponsor, in its sole discretion, determines is not permitted by law or these Official Rules to receive a prize.
3. HOW TO PARTICIPATE:
A. In-Theater Entry Method: Visit a participating Movie Theater in the Territory during the In-Theater Sweepstakes Entry Period to obtain a Kung Fu Panda 3 Fortune Cookie while supplies last. Look at the fortune inside the Kung Fu Panda 3 Sweepstakes Fortune Cookie to determine if it is a winning fortune or a non- winning fortune. Winning fortunes will state “YOU ARE A WINNER”, will include a unique code and 800 number, and must be retained in order to claim the prize. Non-winning fortunes do not include these items. See Rule 5 for specific instructions on how to claim a prize. If a Kung Fu Panda 3 Sweepstakes Fortune Cookie does not include a fortune, you are not a winner of a prize. Distribution methods of Kung Fu Panda 3 Sweepstakes Fortune Cookies to Movie Theater visitors may vary by Movie Theater. Limit one (1) Kung Fu Panda 3 Sweepstakes Fortune Cookie per person per Movie Theater visit; but Movie Theater operators, and not Sponsor, are responsible for individual distribution means and methods of Kung Fu Panda 3 Sweepstakes Fortune Cookies to eligible individuals who visit their Movie Theaters.
This is the only legitimate distribution channel for obtaining Kung Fu Panda 3 Sweepstakes Fortune Cookies, although Sponsor may choose to authorize the distribution of Kung Fu Panda 3 Sweepstakes Fortune Cookies in a different manner from time to time during the Sweepstakes Entry Period and, in that event, such an authorized distribution will be deemed a legitimate channel. Any other distribution channel or method of obtaining Kung Fu Panda 3 Sweepstakes Fortune Cookies, including, without limitation, by purchase, sale, trading, auction or barter of Kung Fu Panda 3 Sweepstakes Fortune Cookies via online or live auctions, does not constitute legitimate channels and is expressly prohibited. Except in the case of the transfer by a child under age 13 to his or her parent or legal guardian, transferring Kung Fu Panda 3 Sweepstakes Fortune Cookies by an ineligible person to an eligible person is strictly prohibited and a potential prize winner may not transfer a prize or their potential winning Kung Fu Panda 3 Sweepstakes Fortune Cookies unless authorized in writing by Sponsor prior to transfer. Such authorization may be granted or withheld in Sponsor’s sole discretion.
The Participant who submits the first entry that is received and recorded by the Sweepstakes Computer at or after a randomly designated winning time for a prize (a “Winning Time”) is the potential winner of that prize.
Each Participant gives consent for Sponsor to obtain and deliver their name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.
(ii) Online Entry Method Participation Limits: There is a limit of only (1) Online Entry into the Sweepstakes per Participant, per Day during the Online Entry Period. If, in Sponsor’s sole discretion, the administrators of the Official Website detect any Participant attempting to: (a) manipulate the Official
Website,(b) secure more than one (1) Online Entry per Participant per Day by using different names, addresses, email addresses or digital device phone numbers, (c) to use any device, script or artifice to obtain additional Online Entry submittals in violation of the Online Entry limits or circumvent these Official Rules, they will be disqualified and ALL of their Online Entry submittals will be forfeited, and any such person, without notification, may be prevented from participating in the Sweepstakes or claiming a prize. Sponsor reserves the right to restrict or void Online Entry submittals or participation from any IP address if any suspicious Online Entry submittals and/or participation are detected.
4. PRIZES/ODDS/APPROXIMATE RETAIL VALUE: Five (5) prizes are available to be won. Approximately 10,000,000 Kung Fu Panda 3 Sweepstakes Fortune Cookies are available for distribution. The odds of winning are approximately 1 in 2,120,000, but will depend on the number of Online Entries received. Limit one (1) prize per person.
(5) Kung Fu Panda 3 Movie Premiere Trips: a trip for winner and up to three (3) guests to Los Angeles, California for the Premiere Screening of Kung Fu Panda 3 (“Premiere”) on or about January 16, 2016. Prize includes round trip main cabin class air transportation via Delta Airlines for winner and up to three (3) guests from a major commercial airport near winner’s home (as determined by Sponsor; United States address only) to Los Angeles International Airport (LAX) (up to $550 per person), ground transportation between airport and hotel (up to $175), two (2) consecutive nights at a partic ipating Delta Vacations hotel (one standard, quad-occupancy, room and tax only) at hotel of Sponsor’s choosing (up to $1,000 total); (if any component of the trip, air or land, exceeds the value specified on the certificate, recipient is responsible for any balance due and must be paid in full at time of booking), four (4) tickets to Movie Premiere, and a total of Five Hundred Dollars ($500.00) spending money. Approximate Retail Value: $3,875.00.
Total Approximate Retail Value of all Prizes: $19,375.00
Each Sweepstakes winner and winner’s guests must be able to travel on specified dates. If winner elects to partake in any or all portions of their prize with fewer than three (3) guests or no guest, the prize will be awarded to winner and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the prize must be redeemed at the same time and no changes will be permitted after confirmation of any redemption. The winner and their guest(s) are advised to arrive at least one (1) hour prior to the Premiere start time. No one will be admitted without a ticket or after the Premiere begins. Sponsor will not replace any lost, mutilated or stolen tickets.
Any and all costs, fees (including, but not limited to, luggage fees), and expenses not expressly stated in the prize description are the sole responsibility of the prize winner. Any difference between the approximate retail value and the actual value will not be awarded and any difference will not be refunded. If air or hotel booking exceeds maximum specified value, winner is responsible for any balance due, which must be paid in full at time of booking. No insurance is provided as part of the prize, and obtaining any insurance, such as but not limited to travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the winner and/or winner’s guest(s). Travel and other arrangements will be determined by Sponsor. If winner is a minor, at least one (1) of winner’s guests must be winner’s parent/legal guardian; and if winner’s guest is a minor, guest must be winner’s child or legal ward, or must produce such minor guest’s parent’s/legal guardian’s written and certified permission to attend as winner’s guest. Air travel will be round trip (originate from and end at the same airport) coach class from an airport selected by Sponsor. Reservations must be made and tickets issued prior to travel. Tickets and certificates are non-refundable and non-transferable and are not redeemable for cash. Changes to reservations are not permitted. Prize winner and guests must travel together on the same itinerary and are solely responsible for having any required travel-related documents (including valid government issued photo ID and/or any required passport or visa) prior to departure as well as fulfilling any/all travel and security requirements. Sponsor reserves the right in its sole discretion to designate all flight/travel particulars and route or routes (as the case may be). Failure to complete the trip portion of the prize (or any portion of the prize) does not relieve the prize winner of their tax obligations (if any) associated with winning the trip prize. Flight schedules are subject to change without notice. In the event a winner lives within one hundred (100) miles of the destination for their prize, the air value can be applied to the land value for alternate travel methods based on availability. Any remaining value will not be awarded. If any component of the trip, air or land, exceeds the value specified on the certificate, recipient is responsible for any balance due and must be paid in full at time of booking. Sponsor will not be liable for any missed opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Movie Premiere tickets may not be transferred or sold. Prize winner or guest may be required to provide a current valid major credit card at time of hotel check-in to cover incidentals, and any and all costs, fees, and expenses not expressly stated in the prize description. Terms and restrictions set by Delta Vacations may apply. Once a guest is determined, that guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. Each winner (and each guest) agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any prize-related activity. Prize winners understand and agree that Sponsor has the right, in their sole discretion, to disqualify and remove a prize winner or any guest from any activity at any time if that winner or guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the Sponsor. The prize winner is solely responsible for the behavior of winner’s children and guests. If any activity relating to any prize is cancelled or postponed for any reason, the balance of that prize will be awarded in full satisfaction of the prize awarded. .
5. PRIZE CLAIM REQUIREMENTS:
A. Claiming An In-Theater Method of Entry Sweepstakes Prize: You will need to retain the winning fortune in order to claim a prize. To claim a prize, call the toll-free number listed on the fortune by December 7, 2015. If the potential winner is a minor, his or her parent or legal guardian must claim the prize on his or her behalf. Once a prize is claimed, any prize claim documents required by the Sponsor (e.g. Affidavit/Declaration of Eligibility, Liability/Publicity releases, guest releases and IRS forms if applicable) (collectively, “Prize Claim Documents”) must be completed and submitted to the Redemption Center, along with the original potential winning fortune, for receipt by December 14, 2015.
B. Claiming An Online Entry Method Sweepstakes Prize: Any Sweepstakes prize awarded through an Online Entry can be claimed by following instructions provided at the time of the winning game play or in the prize confirmation email which is sent to the email address provided by the Participant during Online Entry Process.
Sweepstakes Online Entry Method Email and Other Notifications: Sponsor is not responsible if potential winner does not receive his or her prize confirmation email or Prize Claim Documents or corresponding prize because an erroneous, fraudulent or bogus email address was provided in the potential winner’s Online Entry Process, or if the email is intercepted by SPAM or other email filters, is misdirected or not received by the Participant for any reason.
6. GENERAL PRIZE RESTRICTIONS:
A. PRIZES NOT CLAIMED OR THAT ARE FORFEITED WILL NOT BE AWARDED. All details and other restrictions of prizes not set forth in these Official Rules will be determined by Sponsor in its sole discretion and will be provided to the applicable prize winner upon award of the prize. No cash alternative or substitution of any prize will be provided (other than as may be expressly provided in the prize description above), except Sponsor, in its sole discretion, reserves the right to duly substitute a prize of equal or greater value if any prize cannot be awarded as described due to unavailability for any reason. All income taxes (including, without limitation, federal, state, and/or local income taxes) on or connected with any prize, and the reporting consequences thereof, are solely the responsibility of respective winners. An IRS Form 1099 will be issued for any prize valued at $600 U.S. or more, for the tax year the prize is received, or if a trip prize, for the tax year that a winner travels. If a potential winner cannot accept a prize as stated, that prize will be forfeited in its entirety. If a winner is a minor, a prize may be awarded in the name of, or to, winner’s parent/legal guardian, who must execute all documents and agree to all obligations and undertakings of a winner, both on behalf of himself/herself and the winner, or the prize may be forfeited in its entirety.
B. Conditions of Prize Claim Submissions: All Prize Claim Documents received after the applicable redemption deadlines shall be deemed VOID and will be ineligible for prizes. Prize Claim Documents that are complete and duly submitted to the Redemption Center within the applicable redemption period will be verified within one (1) week after the Prize Claim Documents are received, or as soon thereafter as reasonably practical, and once verified, prize winners may either be notified by telephone or email with prize information. If any potential prize winner (or such minor winner's parent or legal guardian) fails or refuses to properly sign and return all Prize Claim Documents by the redemption deadline, or if the Prize Claim Documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential prize winner will be disqualified and/or otherwise forfeit their prize. If a prize winner makes any false statement in any Prize Claim Document or in the Online Entry Process, or if it is discovered that a winner has made Online Entry submittals using more than one (1) email address or Digital Device number, the winner will be required to promptly return to Sponsor upon demand their prize(s) or, at Sponsor’s option, the cash equivalent of the prize(s) based on the ARV or cash value for prize as published in Rule 4. The submission of Prize Claim Documents is solely the responsibility of each Participant. If any potential winner declines a prize, is found to be ineligible, or fails to comply with these Official Rules, such potential winner will be disqualified and will forfeit the prize and all rights to the prize they otherwise might have received. When sending Prize Claim Documents to the Sponsor’s Redemption Center, it is strongly recommended that Participants retain a photocopy of all Prize Claim Documents submitted, and send the submission using Registered, Certified or Express Mail with a receipt of mailing (although proof of mailing does not constitute proof of delivery). Sponsor is not responsible if a potential prize winner’s choice of mailing service results in Prize Claim Documents being received by the Sponsor’s Redemption Center after the due date.
7. VERIFICATION: Winning fortunes are subject to verification by the Redemption Center. PARTICIPANTS SHOULD NOT SHOW OR GIVE ANY POTENTIAL WINNING FORTUNES TO ANY MOVIE THEATER EMPLOYEE. MOVIE THEATER EMPLOYEES ARE NOT AUTHORIZED TO VERIFY WINNING FORTUNES. Verification of the prize will require potential winner to submit their social security number or social insurance number. Upon completion of verification, the Redemption Center will contact the winner to initiate the prize awarding process or to notify the potential winner that he/she is not eligible to receive the prize. If Sponsor so elects, a potential prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility, security requirements set by Sponsor and to help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, sandal or ridicule, or reflect unfavorably on the Sweepstakes or the Sponsor as determined by Sponsor in its sole discretion. Winning fortunes found in Kung Fu Panda 3 Sweepstakes Fortune Cookies are null and void and will be rejected if not obtained through legitimate channels. If any part of any winning fortune is counterfeited, illegible, mutilated, or tampered with in any way; or if it contains or reflects printing, typographical, mechanical or other errors or discrepancies; or if it comes from other games or promotions, such fortune will be deemed void. Each Participant acknowledges and agrees that the decisions of Sponsor shall be final, binding and conclusive in all matters relating to the Sweepstakes, including, without limitation, determinations regarding the validity of fortunes and other Prize Claim Documents submitted for verification. Except as specifically stated in these Official Rules, only original fortunes distributed in the Territory will be accepted for verification. Any person attempting to forge prize claim materials (i.e., any of the Prize Claim Documents) or defraud in any way in connection with this Sweepstakes, may be prosecuted to the fullest extent permitted under the law. In the event of a dispute as to the identity of any Participant, the entry in question will be deemed submitted by the authorized account holder of the email account for the email address provided at the time of Online Registration. The authorized account holder for an email account shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to Sponsor's sole satisfaction, the entry will be deemed ineligible.
8. GENERAL RELEASE AND CONDITIONS OF PARTICIPATION: Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize Claim Documents and are advised to obtain insurance where appropriate. Sponsor, Twentieth Century Fox Film Corporation, and their respective parent companies, subsidiaries, affiliates, franchisees, local advertising cooperatives, advertising/promotion agencies, and all of their respective shareholders, officers, directors, agent, representatives and employees (individually and collectively “Sweepstakes Entities”) are not responsible for: (a) incomplete, illegible, misdirected, late, lost, damaged, stolen, non-delivered, or postage-due submissions of Prize Claim Documents or Sweepstakes materials, or any mail; (b) any damage to a Participant or other person’s computer system or Digital Device which is caused or occasioned by accessing the Official Website or participating in the Online Entry Method of the Sweepstakes; (c) lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet, Digital Device or Wireless Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted, lost, non-delivered or misdirected computer, telephone, Digital Device, email or cable transmissions or hardware or software or program or programming malfunctions, failures or difficulties; (e) any technical malfunctions, failures, or difficulties, printing errors, color discrepancies, clerical, typographical or other error in any fortunes, or printed copy or artwork, any prize offering announcement or any Prize Claim Documents; (f) any errors or failures of any kind, whether human, mechanical, clerical, electronic, interruption of power, digital or technical in nature, or unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by Official Website users, tampering, hacking, or by any equipment or programming associated with, or utilized in, the Sweepstakes; or (h) the incorrect or inaccurate capture of information, or the failure to capture or loss of any information. Prize Claim Documents submitted become the sole property of Sponsor and will not be returned. Sponsor shall not be responsible to correspond with Participants. By participating in the Sweepstakes, each Participant hereby releases and agrees to hold the Sweepstakes Entities harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes- related and/or travel-related activity, or participation in any prize-related activities, or the receipt, use or misuse of any prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim said prize and any liability and publicity which might arise from claiming or seeking to claim said prize. By submitting potential winning Prize Claim Documents, each verified winner hereby agrees and grants Sponsor the right, but not the obligation, to the use of his or her name, voice and likeness, along with his or her address (city and state/province/territory) and any statements made by or attributed to such winner in any and all media, now known or hereafter devised, without notice, review or approval, in perpetuity and throughout the world for advertising, commercial and promotional purposes in connection with the Sweepstakes and other promotions without further compensation (except where prohibited by law), and releases the Sweepstakes Entities from any liability with respect thereto.
A. Disqualification: It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if they have not complied with these Official Rules, or decline a prize for any reason prior to award, such potential winner will be disqualified and the prize forfeited. No mechanically produced, reproduced, illegible, incomplete, forged, software-generated, third party or other automated or robotic entries, in whole or in part, will be accepted. Entries made by any individual or any entity other than the Participant and/or originating by any other mechanism, including but not limited to commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified from this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
B. Force Majeure/Printing and Production Errors: Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes in any way, or deem an affected fortune void and invalid if it determines, in its sole discretion, that the fortune in question reflects printing or other errors, or if it determines, in its sole discretion, that the Sweepstakes is impaired or corrupted or that fraud or technical problems, failures, malfunctions, or errors (including, without limitation, computer viruses or other deleterious programs or materials, glitches or printing or production errors) have destroyed or severely undermined the proper play, integrity, and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes or awarding any prize as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made health epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes. Only the type and quantity of prizes described in these Official Rules will be awarded. The sole liability of Sponsor for any invalid or irregular Entry via the online method of entry is to provide the Participant the opportunity to enter via the online method of entry again at a later time, during the Online Entry Period. If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more potential winners come forward seeking to claim prizes in excess of the number of prizes as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances.
C. Invalidity: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
D. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between Participant and the Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of California including procedural provisions 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 or jurisdiction’s laws.
10. ARBITRATION: Except where prohibited by law, by participating in this Sweepstakes, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against any of the Sweepstakes Entities arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as Participant and Sponsor hereby waive the right to assert claims in any class or representative action; arbitration can thus decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the Participant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 USD or $375 USD for claims greater than $10,000 USD but less than $75,000 USD, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, 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, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org.
11. WINNERS LIST: For a list of Official Winners, email your request to: email@example.com. The List will be sent after the winners have been verified and the prizes have awarded.
12. SPONSOR: DreamWorks Animation, LLC, 1000 Flower St, Glendale, CA 91201 ©2015 DreamWorks Animation, LLC. All rights reserved.