OFFICIAL SWEEPSTAKES RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. 

THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

NOTICE REGARDING DISPUTE RESOLUTION: These Official Rules contain terms that govern how claims between you and Sponsor (The Habit Restaurants, LLC), relating to your participation this Sweepstakes, will be resolved. For example, Section 13 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any a class action or purported collective or representative claim or proceeding). Please read these provisions carefully as they affect your legal rights. You acknowledge that you have read and agree to be bound by these Official Rules.

Sweepstakes Name:  Habit Burger & Grill Holiday Sweepstakes (the “Sweepstakes”)

Sponsor: The Habit Restaurants, LLC

  1. ELIGIBILITY.

    This Sweepstakes is open only to individuals who are legal residents of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, Florida, Maryland, Massachusetts, New Jersey, Virginia, or Idaho, who are (i) sixteen (16) years of age or older at the time of entry; (ii) and Habit Burger & Grill CharClub rewards program account holders in good standing (each, an “Eligible Member”). Void in all other territories, possessions, and commonwealths, and all other countries and where prohibited.  If you are not already a CharClub account holder, visit http://www.habitburger.com to sign up for a free Habit Burger & Grill CharClub account and download the free CharClub mobile app.  Internet access is required.  Data rates may apply.

The Sweepstakes is subject to all applicable federal, state, and local law and regulations.  Void where prohibited or restricted by law.  Sponsor’s Terms & Conditions apply: https://www.habitburger.com/terms-conditions.

Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, suppliers, distributors and advertising and promotional agencies (collectively, the “Sweepstakes Entities”), and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.

  1. TIMING:

    Sweepstakes begins on November 3, 2024 at 12:00 a.m. PST and ends at 11:59:59 p.m. PST on December 22, 2024 (“Entry Period”).

The Sponsor’s computer is the official time-keeping device for this Sweepstakes.

  1. HOW TO ENTER.

    There are two ways to enter:

    1. Participate in one of the following qualifying Buy One Get One (“BOGO”) promotional offers, subject to the terms and conditions outlined below.

      Qualifying BOGO Offers:

      BOGO Fries: Purchase one (1) order of French Fries in any size and receive a second order of French Fries in the same size or smaller for free. Offer valid from 11/3/24 – 11/9/24.

      BOGO 5 PCS Crispy Chicken Bites: Purchase one (1) 5 PCS Crispy Chicken Bites and receive a second order of 5 PCS Crispy Chicken Bites for free. Sauces not included in offer. Offer valid from 11/10/24 – 11/16/24.

      BOGO Chicken Club Sandwich: Purchase one (1) Chicken Club sandwich and receive a second Chicken Club sandwich for free. Offer valid 11/17/24 – 11/23/24.

      BOGO Side: Purchase one (1) qualifying side item and receive a second qualifying side item of equal or lesser value for free. Side Caesar Salad, Side Salad, 5 PCS Crispy Chicken Bites, and 10 PCS Crispy Chicken Bites are excluded from this offer. Offer valid 11/24/24 – 11/30/24.

      BOGO Santa Barbara Char: Purchase one (1) Santa Barbara Char and receive a second Santa Barbara Char for free. Offer valid from 12/1/24 – 12/7/24.

      BOGO Shake: Purchase one (1) shake of any size and receive a second qualifying shake of equal or lesser value for free. Peppermint Bark Shake may not qualify at some participating Habit Burger & Grill Restaurants. Offer valid from 12/8/24 – 12/14/24.

      BOGO Char: Purchase one (1) Charburger and receive a second Charburger for free. Charburger may be with or without cheese. Offer does not apply to #1 Original Charburger Meal. Offer valid from 12/15/24 – 12/21/24.

      BOGO Offer Terms and Conditions:

      All of the above BOGO offers are limited only to individuals who are legal residents of California, Arizona, Utah, Nevada, Washington, North Carolina, South Carolina, Florida, Maryland, Massachusetts, New Jersey, Virginia, or Idaho, who are (i) sixteen (16) years of age or older; and (ii) Habit Burger & Grill CharClub rewards program account holders in good standing (each, an “Eligible Member”). Void in all other territories, possessions, and commonwealths, and all other countries and where prohibited. Good only in the U.S.A. at participating Habit Burger & Grill Restaurants. You must add both items to your order prior to checkout to receive a discount on the second item of equal or lesser value. Discount does not apply to taxes and fees. Other taxes and fees may apply.

      LIMIT: one (1) redemption per CharClub member. Valid at participating U.S. Habit Burger & Grill locations for users who are logged in and place an order on the Habit Burger & Grill website or app. Offer is for a limited time and while supplies last. Not valid in-store or with a pickup order. Not valid for dine-in or group orders. May not be used for delivery orders unless order is placed directly on the CharClub mobile app. Prices and items may vary. Cannot be combined with other offers. Must have or create a valid account with a valid form of accepted payment on file. No cash value. Non-transferable. Only registered Eligible Members may redeem offer. Offer is good for one (1) use only.  Attempts to reuse offer codes are void and may constitute fraud.  No cash or other substitution is permitted, except that Habit Burger & Grill may substitute the offer with an offer of equal or greater value. Any and all taxes incurred in connection with a qualifying purchase or redemption of an offer are the Eligible Member’s responsibility alone. In the event the offer is cancelled, delayed, or postponed in whole or in part, Habit Burger & Grill will provide notice via the Habit Burger & Grill mobile app or in an equally conspicuous manner.

      By participating in the BOGO offer, Eligible Members agree to release and hold harmless Habit Burger & Grill and its parent corporation, subsidiaries, advertising and promotion agencies, affiliates, directors, officers, employees, representatives, and agents from and against any and all liability claims or actions of any kind whatsoever for any injuries, damages, losses, or claims which may be sustained in connection with or in relation to the offer. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any individual or Habit Burger & Grill, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. The parties agree that all disputes arising out of or connected with these Terms and Conditions or the offer will be resolved individually, and without resort to class action.

    2. Enter without purchase. During the Entry Period, visit https://www.habitburger.com/contest/char-sweepstakes and fill out all the requested fields.

      Any Entry posted prior to the start of the Entry Period will not be eligible for entry or accepted. An Entry must contain all information requested and comply with all Content submission requirements set forth herein to be valid.  The Entry will not be judged.

      Limit: one (1) Entry per person during the entire Entry Period.

  1. CONSUMER CREATED CONTENT REQUIREMENTS.

    As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Sweepstakes.

    By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from other(s), (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Sweepstakes Rules, in its sole and absolute discretion.

    By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Sweepstakes Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sweepstakes Entities, or developed by their employees, or obtained from sources other than you.

    CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Sweepstakes and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Sweepstakes Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.

    All Content submitted must conform to the additional submission requirements set forth as follows to be eligible:

    • Content must comply with these Official Sweepstakes Rules and any Terms & Conditions on the Sponsor website;
    • Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above;
    • The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
    • Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
    • Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
    • Content cannot be offensive, endorse any form of hate or hate group;
    • Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, any of their respective products and/or services, or about any other people, products or companies;
    • Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
    • Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
    • The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
    • Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
    • Content cannot depict, and cannot itself, be in violation of any law; and
    • The Content must be socially acceptable and in good taste, as determined by Sponsor in Sponsor’s sole discretion.

    ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Sponsor for airing advertising. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Sweepstakes Content requirements set forth herein in its reasonable discretion. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, contact us by mail at The Habit Restaurants, LLC, c/o Legal Department, 1 Glen Bell Way, Irvine, CA 92618.

    By accepting a prize, the winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content.  Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Sweepstakes Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

  1. WINNER SELECTION.

    On or about December 22, 2024, the Sponsor will randomly select a total of ten (10) potential Sweepstakes winner(s) from among all eligible entries collectively received during the Entry Period who submitted an Entry. Odds of winning a prize depend on the number of eligible entries received.

    Potential Sweepstakes winners are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Sweepstakes Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.

    Winner Notification: Winner will be notified on or about December 29, 2024 via the email address and or number either (i) provided on the sweepstakes form used to enter or (ii) associated with the Eligible Member’s CharClub account.  Potential winner may be required to provide identification sufficient to show that he/she is the entrant, as confirmed in Sponsor’s sole discretion. Notification is deemed to have occurred immediately upon first sending the email address or any other form of communication Sponsor may use to contact the potential winner. In the event the winner doesn’t respond to Sponsor’s notification or does not accept the prize within 3 days of notification, the prize will be deemed forfeited and an alternate winner will be selected. In the event that any one or more potential winner(s) fails to respond as stated above or declines the prize, such winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes, except where prohibited.

  1. PRIZE(S).

    Ten (10) Grand Prizes: “Free Charburgers for a Year,” consisting of a $500 Habit Burger & Grill gift card, equivalent to the approximate cost of fifty-two (52) charburgers, the estimated number of Charburgers a loyal Eligible Member consumers in one year.  Approximate retail value: $500.00.  Total announced prize value: $5,000.00.

    Eligible Members who do not win “Free Charburgers for a Year” may be awarded one of three discount coupons (no cash value), to be deposited into the Eligible Member’s CharClub account on December 22, 2024:

    1. BOGO Drink: Purchase one (1) qualifying drink of any size and receive a second qualifying drink of equal or lesser value for free. Frozen Treats or shakes are not included as a qualifying drink. Offer valid from 12/22/24 – 12/28/24.
    2. BOGO Side: Purchase one (1) qualifying side item and receive a second qualifying side item of equal or lesser value for free. Side Caesar Salad, Side Salad, 5 PCS Crispy Chicken Bites, and 10 PCS Crispy Chicken Bites are excluded from this offer. Offer valid 12/22/24 – 12/28/24.
    3. BOGO Entrée: Purchase one (1) qualifying entrée item and receive a second qualifying entrée item of equal or lesser value for free. Steak Charmelt sandwiches may be excluded as a qualifying entrée. Offer valid from 12/22/24 – 12/28/24.

    No more than the advertised number of prizes shall be awarded. The prize gift card is subject to its own terms and conditions. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Prizing may be fulfilled by a third-party fulfillment agency. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided, including but not limited to any applicable taxes, are the sole responsibility of the winner(s).

  1. TAMPERING AND DELIVERY DISCLAIMER.

    The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Sweepstakes Rules or the Terms & Conditions of the Sponsor’s Website. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

    Released Parties are not responsible for typos or misprints in these Official Sweepstakes Rules, in any Sweepstakes-related advertisement or other materials, technical or human error which may occur in the administration of the Sweepstakes, or the processing of entries.

    The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Sweepstakes Rules will be published where practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

  1. PUBLICITY.

    Except where prohibited, by accepting a prize, winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

  1. USE OF PERSONAL INFORMATION.

    The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Sweepstakes Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy.

  1. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.

    By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service, and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury or death) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.

  1. TAXES.

    Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein.

  1. CONDUCT AND DECISIONS.

    All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final.

  1. BINDING ARBITRATION.

    By participating in this Sweepstakes, entrant and Sponsor agree that disputes that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions, as fully described in Section 3 of the Habit Burger & Grill Terms of Use, which are expressly incorporated by reference.  As described in those terms, entrant and Sponsor agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. ENTRANT AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED. Notwithstanding the foregoing, either party retains the right to have a dispute heard in small claims court provided the dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.

  1. MISCELLANEOUS.

    Sponsor reserves the right to determine eligibility should special circumstances arise. Sponsor’s decisions are final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Sweepstakes Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

  1. COMPLIANCE WITH LAW AND GOVERNING LAW.

    All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes’ Official Sweepstakes Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 (Binding Arbitration) of these Official Sweepstakes Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of Orange.

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