NO PURCHASE IS NECESSARY TO ENTER OR WIN ANY SWEEPSTAKES. ODDS OF WINNING IN ANY SWEEPSTAKES DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR THAT SWEEPSTAKES. A DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. A MAXIMUM OF 5 ENTRY TRANSACTIONS CAN BE MADE PER DAY, PER USER.
Notice Regarding Dispute Resolution and Your Right to Opt-Out: These rules (“Official Rules”) contain provisions governing how claims you and we may have against each other are resolved (see the Mandatory Arbitration Agreement; Class Action Waiver Rule below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require each party to submit claims against the other to binding arbitration. Unless you opt-out of arbitration per the Mandatory Arbitration Agreement; Class Action Waiver Rule below: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
SPONSOR: Sweepstakes are sponsored by Amplifier Strategies LLC d/b/a Tickets for Good (the “Sponsor”), a professional fundraiser, who works with Players Philanthropy Fund, a 501(c)(3) charitable organization (“PPF”) to support other non-profit organizations (the “Non-Profit(s)”) by offering sweepstakes fundraising campaigns (the “Sweepstakes”).
APPLICATION OF OFFICIAL RULES AND SUPPLEMENTAL RULES: These Official Rules apply to every Sweepstakes. Any additional or supplemental terms, limitations, and details applicable to a particular Sweepstakes will appear on the page where that Sweepstakes is described and entry is invited (the “Sweepstakes Page”). Unless otherwise specified on the Sweepstakes page, these Official Rules apply in addition to any supplemental rules on the Sweepstakes Page.
SWEEPSTAKES ENTRY PERIOD: The Sweepstakes begins on the date and time posted on the Sweepstakes Page (the “Sweepstakes Start Date”) and ends on the date and time posted on the Sweepstakes Page (the “Sweepstakes End Date”) (such period referred to herein as the “Sweepstakes Entry Period”). The odds of winning a Sweepstakes depend on the total number of eligible entries received during the Sweepstakes Entry Period for that Sweepstakes.
ELIGIBILITY: Most Sweepstakes are open to legal residents of all 50 US States (“Eligible States”) who are at least eighteen (18) years of age (or the majority in their jurisdiction of legal residence) at the time of entry, but individual Sweepstakes campaigns may be subject to additional restrictions in any supplemental rules published as part of a specific Sweepstakes. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by the terms and conditions stated in these Official Rules which shall be final and binding in all respects, agrees to be bound by the decisions of the Sweepstakes judges, and any supplemental rules provided separately as part of the Sweepstakes campaign, and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Sponsor, PPF, and each of their respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in or win the Sweepstakes. All federal, state, and local laws and regulations apply. Void outside the Eligible States and where prohibited. Sponsor reserves the right to revise or expand the list of Eligible States at any time; however, for the avoidance of doubt, Sponsor will not revise the list of Eligible States for any Sweepstakes that has already begun.
HOW TO ENTER: There are two (2) ways to enter any Sweepstakes.
- Automatic Entry with Donation: Visit the Sweepstakes website (the “Sweepstakes Website”) during the applicable Sweepstakes Entry Period and follow the on-screen prompts to make a voluntary charitable donation. You automatically will receive entries into the Sweepstakes as a thank you for your donation. The specific Sweepstakes supplemental rules will explain the number of entries received. Entrants will receive an email confirmation at the email address provided on the Sweepstakes Website entry form.
All donations made in connection with a Sweepstakes are paid to PPF, an IRS-recognized, U.S. public charity whose mission is to educate, facilitate, and inspire best-practice-based philanthropy. PPF prequalifies each Non-Profit listed as a potential beneficiary of donations in a Sweepstakes as an eligible recipient of PPF grants. At the end of each Sweepstakes, as long as each listed Non-Profit for that Sweepstakes remains eligible to receive PPF grants, PPF will make a grant to such Non-Profit from net proceeds of the Sweepstakes on a pro rata basis in accordance with choices the donors made as to which Non-Profit to support with their individual donations. All donations are final and non-refundable.
- Entry without Donating: Making a charitable donation is voluntary and never required to enter any Sweepstakes. To enter without donating, click on the “No Purchase Required” link on the Sweepstakes Page entitled and complete the online entry form. Each valid free entry form will receive the number of entries disclosed in the supplemental rules, which in all cases will equal or exceed the number of entries available for the most-typical donation level. Free entry entrants will receive an email confirmation at the email address provided on the free entry form on the Sweepstakes Website. In the event of a dispute as to any entry, the authorized account holder of the email address submitted at the time of entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified
Incomplete submissions are void. For each Sweepstakes, if there is a limit on the number of entries, such limit will be stated on the Sweepstakes Page. Any stated entry limit applies to all entries, regardless of method of entry. All entries must be submitted by the individual entrant to be valid. Use, or attempted use, of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for that entrant and is grounds for disqualification of the entrant from all Sweepstakes. No copies, facsimiles, or other mechanical or electronic reproductions of entries will be accepted. Sponsor has the sole right and discretion to make a determination that an entry used or attempted to use any such prohibited automated entry methods. Any entries connected to an invalid, non-working, or inactive email address, or linked to an authorized account holder other than entrant, are void and ineligible to win. Any conduct in violation of this rule is strictly prohibited and will void all entries for that entrant and may result in disqualification of entrant from all Sweepstakes, at Sponsor’s discretion.
PRIZE: The prize(s) (the “Sweepstakes Prize”) and value(s) available for any Sweepstakes will be listed on the Sweepstakes Page for that Sweepstakes.
Event Ticket Prizes. For any prize comprising tickets to an event, unless otherwise listed on the Sweepstakes page, the prize comprises only the event tickets, specifically excluding travel, parking, meals, or any other costs associated with attending the event. All tickets are subject to any applicable terms from the issuer(s) of the tickets (sports teams, entertainment venues, etc.). Released Parties (defined below) are not responsible or liable for cancellation or postponement of any events beyond their control.
Meet-and-greet or travel prize details. For any prize offering an opportunity to meet a celebrity, attend a special event, or participate in any similar activity, the following general terms will apply unless otherwise specified on the Sweepstakes Page for that particular offer: Prize consists of: round-trip coach class air transportation between major airport near winner’s primary residence as determined by Sponsor, and the destination city; hotel accommodation for the specified number of nights in standard accommodations, double-occupancy, as selected by Sponsor; plus the activity/event/experience specified on the Sweepstakes page. If winner cannot attend any event on the date(s) specified in the prize description (or as otherwise specified by Sponsor), prize will be forfeited and may be awarded to an alternate winner, time permitting. Actual value may vary depending on departure city and destination cities, dates of travel, and fluctuations in airfares. If winner lives within 200 miles of the destination city ground transportation may be provided in lieu of air travel. Any difference between actual value and advertised value will not be awarded. Winner is solely responsible for the payment of all federal, state and local taxes and all additional meals, beverages, transportation or other expenses or costs relating to the prize not expressly set forth above. Major credit card will be required at hotel check-in to cover any incidental expenses. Winner and travel companion must have all necessary photo ID, passports, or other documents required for air travel, and must travel on the same itinerary. Winner’s travel companion, if any, will be required to sign a Liability/Publicity Release (where legal) prior to ticketing. Any winner or other person taking part in the trip who is a minor under the laws of his/her place of residence must be accompanied by parent or legal guardian who also must execute all documents on behalf of the minor. All dates are subject to change. No responsibility is assumed for cancellation of any events or unavailability of a celebrity or other circumstances beyond sponsor’s control; in the event of such cancellation or unavailability after travel has been booked, the remainder of the trip will be awarded as the complete prize.
General Prize Conditions: Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Sponsor’s discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Allow 4-6 weeks after validation for delivery or arrangement for delivery of prize. Potential winner (a) is responsible for any taxes due as a result of acceptance of the prize, and for any other fees or costs associated with acceptance or use of any prize not expressly included in the prize description, and (b) may be required to execute an Affidavit/Declaration of Eligibility, a Liability Release, and (where legal) a Publicity Release (“Prize Claim Documents”). If any eligible potential winner is deemed a minor under the laws of his/her place of residence, any required documents must be signed by parent or legal guardian on behalf of the minor.
ODDS: The odds of winning in any Sweepstakes depend on the total number of eligible entries received during the Sweepstakes Entry Period for that Sweepstakes.
WINNER SELECTION: Once the Sweepstakes Entry Period has closed, the potential Sweepstakes winner(s) (“Potential Winner(s)”) will be selected in accordance with these Official Rules and any supplemental rules, usually within one week or less after the end of the Sweepstakes Entry Period (the “Drawing Date”). The Potential Winner(s) will be selected by random drawing from all eligible entries received during the Sweepstakes Entry Period. The Potential Winner(s) will be notified by email and/or by telephone on or about the Drawing Date, using the email address or telephone number provided with the selected entry, and will be conditionally awarded the Sweepstakes Prize subject to verification of eligibility and compliance with the terms and conditions of these Official Rules. If a Potential Winner does not respond by email within three (3) days after the first notification attempt, or if the prize notification is returned as undeliverable, such Potential Winner may be disqualified and the applicable prize may be awarded to an alternate Potential Winner. The notification will include instructions for how to contact the Sponsor to provide name, address and other information that may be required to complete validation of eligibility and delivery of the Sweepstakes Prize. No liability is assumed for any winner notification that is lost, intercepted or not received by a Potential Winner for any reason. In the event that a Potential Winner is disqualified for any reason, the Sweepstakes Prize may be awarded to an alternate Potential Winner
VERIFICATION OF POTENTIAL WINNER: Each Potential Winner is subject to verification. Potential winner has 24 hours to respond to the initial contact from Tix For Good before another winner is selected. Judges’ decisions are final and binding in all matter relating to the administration, operation, selection of the Potential Winner(s), and all other matters related to the Sweepstakes. An entrant is not a winner of any prize unless and until the entrant’s eligibility and compliance with these Official Rules has been verified, and the entrant has been notified that verification is complete. A Potential Winner may be required to complete and return the Prize Claim Documents by the date specified by Sponsor, or such Potential Winner may be disqualified and an alternate Potential Winner may be selected. In the event that (a) a Potential Winner cannot be reached within forty-eight (48) hours of initial notification from Sponsor, or for whatever reason after a reasonable effort has been exerted, or the Potential Winner notification or Prize Claim Documents are returned as unclaimed or undeliverable; (b) a Potential Winner declines or cannot accept, receive or use the Sweepstakes Prize for any reason; (c) a Potential Winner is found to be ineligible to enter the Sweepstakes or receive the Sweepstakes Prize; (d) a Potential Winner did not, cannot or does not comply with these Official Rules or the supplemental rules for the specific Sweepstakes; or (e) a Potential Winner fails to fulfill the Prize Claim Document-related obligations, then the Potential Winner may be disqualified from the Sweepstakes and an alternate Potential Winner may be selected. Sponsor reserves the right to modify the notification and Prize Claim Documents procedures in connection with the selection of an alternate Potential Winner, if any. A Potential Winner will be declared the winner (“Sweepstakes Winner”) when all of the conditions of these Official Rules, and any supplemental rules, are fulfilled to the satisfaction of Sponsor, in its sole discretion.
TAXES: The taxable value of the Sweepstakes Prize will be treated as ordinary income to the Sweepstakes Winner for federal and state income tax purposes. Unless otherwise provided for in the supplemental rules of the Sweepstakes, any and all taxes associated with winning any Sweepstakes Prize shall be the sole and exclusive responsibility of the Sweepstakes Winner. Any Sweepstakes Winner receiving over $600 in value in the same year must provide a valid social security number to facilitate issuing an IRS Form 1099; failure to comply when requested may result in disqualification and award of prize to an Alternate Winner.
RELEASE OF LIABILITY: By participating in the Sweepstakes, each entrant agrees to the full extent allowed by applicable law to: (a) comply with and be bound by these Official Rules, any supplemental rules, the decisions of Sweepstakes judges, which are binding and final in all matters relating to the Sweepstakes, and the Sweepstakes Website Terms of Use; (b) defend, indemnify, release and hold harmless the Sponsor, PPF, the Non-Profit(s), and their respective parent, subsidiary, and affiliates and affiliated companies, celebrities, celebrities’ team/employer, partners and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, attorneys and representatives, and their successors and assigns (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy, defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, travel, lodging, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of any Sweepstakes Prize, or any portion thereof (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) waive any right to claim ambiguity in the Sweepstakes or these Official Rules and/or any supplemental rules. Each Sweepstakes Winner acknowledges that all prizes are awarded “as-is” and the Sponsor expressly disclaims any warranties, express or implied, including, but not limited to, the warranties of merchantability and fitness for a particular purpose, relating to any Sweepstakes Prize in any way. For New Jersey Residents: Nothing herein limits your ability to recover damages or legal fees or costs where mandated by statute.
PUBLICITY RELEASE: Except where prohibited or restricted by law, a Sweepstakes Winner’s acceptance of (and any guest’s participation in) the Sweepstakes Prize, or any portion thereof, constitutes the Sweepstakes Winner’s and guest’s agreement, permission and consent for Sponsor, PPF, the Non-Profit, and any of their designees to use and/or publish the Sweepstakes Winner’s and/or guest’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, and/or statements made by the Sweepstakes Winner and/or guest regarding the Sweepstakes or otherwise, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, publicity, trade and/or promotion on behalf of Sponsor, PPF, or the Non-Profit, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Sweepstakes Winner is solely responsible for acquiring guest’s agreement and consent for all required documents, and failure to do so may disqualify guest from participating in any portion of the Sweepstakes Prize.
DATA: In order to participate in a Sweepstakes, entrants will be required to supply certain information about themselves on the Sweepstakes entry page. Sponsor has specified on the Sweepstakes Website which information is mandatory in order to participate in the Sweepstakes. This information will be used by Sponsor for the purposes of administering the Sweepstakes, and may be shared with PPF solely to acknowledge donations, and with any Non-Profit(s) the entrant chooses to support with a voluntary donation where the entrant affirmatively agrees to have his/her information shared with such Non-Profit. The personal information will be collected, processed and used in accordance with Sponsor’s Privacy Policy and the Privacy Policy of any Non-Profit the entrant chooses to support with a voluntary donation per that Non-Profit’s privacy policy. Sponsor’s privacy policy can be found at [URL].
GENERAL CONDITIONS: The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate these Official Rules, or any supplemental rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming a Sweepstakes Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of a Sweepstakes Winner to accept a Sweepstakes Prize for any reason; (f) if a Sweepstakes Prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather, pandemics/epidemics, or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Sweepstakes Prize or resulting from participating in this Sweepstakes or any promotion or Sweepstakes Prize-related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (x) tampering with the entry process or the operation of a Sweepstakes, the Sweepstakes Website, or with any website promoting the Sweepstakes; (y) acting in violation of these Official Rules or any supplemental rules; or (z) entering or attempting to enter a Sweepstakes multiple times in violation of these Official Rules or any supplemental rules, or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties, malfunction, error, disruption or damage or other unforeseen events compromise the administration, security, fairness, integrity, proper conduct or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the Sweepstakes Prize(s) from all eligible entries received as of the termination date.
Sponsor may conduct a background check on Potential Winner and/or any guest to confirm any Potential Winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. Failure to cooperate may result in disqualification and selection of an alternate winner. If the prize includes the opportunity to meet a celebrity, attend a special event, or participate in any similar activity, or if Sponsor intends to publicize the winner in any way, and if a background check reveals that a Potential Winner (or guest) has engaged in conduct that could damage the reputation or business on any sponsor, as determined by Sponsor in its discretion, the Potential Winner may be disqualified and the Sweepstakes Prize may be awarded to an alternate winner, time permitting.
WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR ANY WEBSITE ASSOCIATED WITH A SWEEPSTAKES OR UNDERMINE, OR ATTEMPT TO UNDERMINE, THE LEGITIMATE OPERATION OF A SWEEPSTAKES WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CRIMINAL AND CIVIL PROSECUTION AND PENALTIES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERMS OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY INDIVIDUAL IT FINDS TO BE ATTEMPTING TO TAMPER WITH OR UNDERMINE THE ENTRY PROCESS, THE SWEEPSTAKES WEBSITE, AND/OR THE LEGITIMATE OPERATION OF A SWEEPSTAKES; TO BREACH 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.
GOVERNING LAW; SEVERABILITY; WAIVER: The Sweepstakes and these Official Rules shall be subject to and governed by the laws of the State of New Jersey. If a court of competent jurisdiction finds any provision of these Official Rules or any supplemental rules, or their application to a particular person or circumstances, is invalid or unenforceable to any extent, then the remainder of these Official Rules and any supplemental rules, and their application to other persons or circumstances, shall not be affected by that determination, and shall remain enforceable to the fullest extent permitted by law. The failure of Sponsor to enforce at any time any provision of the Official Rules or any supplemental rules shall not be considered a waiver of such provision or any other provision and shall not deprive Sponsor of the right thereafter to enforce such provision or any other provision.
MANDATORY ARBITRATION AGREEMENT; CLASS ACTION WAIVER: You and Sponsor agree to resolve any dispute that arises out of these Official Rules, your participation in a Sweepstakes, or your use of the Sweepstakes Website (a “Claim”) in accordance with one of the subsections below or as Sponsor and you otherwise agree in writing.
- YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (OTHER THAN SMALL CLAIMS COURT) OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION OR SMALL CLAIMS COURT. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF EQUIPMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION (OR IN SMALL CLAIMS COURT).
- Informal Dispute Resolution Procedure. We are available at info@tixforgood.org to address any concerns you may have regarding these Official Rules, your participation in a Sweepstakes, or your use of the Sweepstakes Website. Most concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating an arbitration or small claims court suit. If you or we intend to seek arbitration or file a small claims court suit, the party seeking arbitration or small claims court must first notify the other party of the dispute in writing at least 45 days in advance of initiating the arbitration or small claims court suit (the “Notice Period”). Notice to Sponsor should be sent to info@tixforgood.org. The notice must include enough information to allow the receiving party to assess and attempt to resolve the dispute, including but not limited to, (i) the name, address, telephone number, and email address of the party seeking arbitration or small claims court, (ii) the product or service at issue, (iii) a description of the claim, (iv) the facts supporting the claim, (v) the damages claimed to have been suffered, and (vi) the relief being sought (the “Dispute Notice”). The Notice Period is designed to allow you or Sponsor to make a fair, fact-based offer of settlement if either party chooses to do so. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing arbitration or a small claims court suit. The statute of limitations shall be tolled while the parties engage in the informal dispute resolution process required by this Rule.
- Agreement to Binding Arbitration, Except for Small Claims Court. If the parties do not reach an agreed upon solution within a period of forty-five (45) days from the time a Dispute Notice is sent pursuant to point 2 above, then either party may initiate binding arbitration (or bring an action in small claims court pursuant to point 4 below). All Claims arising out of or relating to these Official Rules, your participation in a Sweepstakes, or your use of the Sweepstakes Website. shall be finally settled by binding arbitration administered by JAMS in accordance with its then-effective rules for consumer disputes (“Consumer Rules”), excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the Consumer Rules. Except as stated to the contrary in point 4 or 5 below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or scope of these Official Rules, including, but not limited to, any claim that all or any part of these Official Rules is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Official Rules shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. In an arbitration, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees (collectively, “JAMS-related fees”), or $200.00 of such fees, whichever is less, and we shall pay the remainder of such fees. If the law allows for an award of attorney’s fees, expert witness fees, or costs incurred by you should you prevail in arbitration, an arbitrator may award them too. You will not be required to pay any fees or costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, JAMS-related fees and/or costs.
Each side may, but is not obligated to, make a written settlement offer, inclusive of damages and attorney’s fees itemized separately, at any time prior to 30 days before an arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an interim award on the claim. If the party receiving the offer doesn’t accept it, and the arbitrator awards the receiving party an amount of damages that is less than or substantially the same as the amount of damages offered, then the arbitrator shall limit any recoverable attorney’s fees to the amount incurred at the time of the offer, so long as the attorney’s fees tendered in the offer are substantially the same as the fees incurred as of the offer date.
The parties understand that, absent these mandatory provisions, they would have the right to sue in court (other than small claims court) and have a jury trial. They further understand that the right to discovery may be more limited in arbitration or small claims court; and review of an arbitration award (or small claims court judgment) also may be limited.
- Small Claims Court Remains Available. Notwithstanding anything in these Official Rules to the contrary, for disputes within the jurisdictional limit of the small claims court in the county encompassing the dispute, either you or we can choose to bring an individual action in small claims court instead of proceeding in arbitration; furthermore, if the claims in any request or demand for arbitration could have been brought in small claims court, then either you or we may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party and JAMS of that choice in writing. You and we agree that, after receiving notice from you or us that the claims shall be decided by a small claims court rather than in arbitration, JAMS shall administratively close the case. Any disagreements regarding the jurisdiction of the small claims court or the interpretation or application of the provisions of this point 4 specifically shall be decided by a court rather than an arbitrator; pending resolution of any such disagreements by a court, you and Sponsor agree that the arbitration shall be stayed. If the provisions in this point 4 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
- Class Action and Class Arbitration Waiver. You and we acknowledge and agree that you and Sponsor are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any class, collective, consolidated or representative proceeding. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this point 5, then you and we agree that the Claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable Claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this point 5 cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies. Notwithstanding anything in these Official Rules to the contrary, all disputes related to the enforceability and applicability of this Class Action and Class Arbitration Waiver and the provisions of this point 5 specifically shall be resolved by a court and not an arbitrator.
- Exception – Mass Arbitration. Notwithstanding anything in these Official Rules to the contrary, if we receive 30 or more Dispute Notices related to the same or similar subject matter and sharing common issues of law or fact, and counsel for the individuals submitting the Dispute Notices are the same or coordinated, then if the disputes proceed in arbitration, they shall proceed in a coordinated manner, as follows: (a) counsel for the claimants and counsel for us shall each select five (5) cases to proceed in arbitration on an individual basis in a series of “bellwether” proceedings; (b) the remaining cases shall be stayed and/or held in abeyance until the first ten (10) have been fully and finally resolved; (c) if the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) “bellwether” proceedings, then each side may select another five (5) cases (or such fewer number as remain unresolved) to proceed in arbitration on an individual basis, with the remaining cases, if any, stayed and/or held in abeyance; and (d) this process shall continue until the parties are able to resolve all of the claims. If the provisions of this point 6 are found to be invalid for some reason, then the provisions shall be severable; in no event will the provisions allow for an action or arbitration to be brought on a class or collective basis.
- 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email: info@tixforgood.org. The notice must be sent within thirty (30) days of creating your account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this point 7. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Exclusive Venue for Litigation. In the event that the arbitration provisions set forth herein are determined not to apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Camden, New Jersey (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Camden, New Jersey for any litigation other than small claims court actions. In the event of litigation relating to these Official Rules, your participation in a Sweepstakes, or your use of the Sweepstakes Website, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
COPYRIGHT: All Sweepstakes materials are the property of the Sponsor and may not be copied, reproduced or used for any purpose without Sponsor’s express prior written consent.
Winner List: For the name of the winner in any Sweepstakes, available approximately two weeks after the end of the Sweepstakes, send an email to info@tixforgood.org with the subject line “Winner List.” Be sure to specify which Sweepstakes you are asking about. All such requests must be received within 60 days after the applicable Sweepstakes ends.
Sponsor: Amplifier Strategies LLC d/b/a Tickets for Good, 600 G St, Suite 244, Millville, NJ 08332.
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