YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR
EXCLUSIONS.
14. ARBITRATION: Any dispute whatsoever relating to the Promotion which is not resolved within the thirty (30) day
period commencing upon Sponsor’s receipt of written notice by Participant, shall be settled by binding and final
arbitration before a single arbitrator and under the application of the laws of the State of Delaware.
The demand
for arbitration shall be made within a reasonable time after a claim, dispute, breach or other matter in question has
arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known
of the claim, dispute or breach. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of
the American Arbitration Association (the “AAA Rules”). Arbitration shall be by a single arbitrator experienced in
the matters at issue selected pursuant to the AAA Rules. The arbitration shall be
held in such place in the
metropolitan area of Los Angeles, California, as may be specified by the arbitrator (or such other place upon which
the parties and the arbitrator may agree), and shall be conducted pursuant to the AAA Rules (regardless of any
choice of law provision in this Agreement) to the extent not otherwise inconsistent with this Agreement. The parties
shall not be entitled to discovery other than the exchange of relevant documents and one deposition not to exceed
eight hours, except as otherwise allowed by the arbitrator or the AAA rules. However,
the parties shall also be
entitled to depose any expert that will be presented to testify at the arbitration hearing. The decision of the
arbitrator shall be final and binding as to any matters submitted to arbitration and shall be in lieu of any other action
or proceeding of any nature whatsoever; and, if necessary, any judgment upon the arbitrator’s decision may be
entered in any court of record having jurisdiction over the subject matter or over the party against whom the
judgment is being enforced. The arbitrator shall issue a reasoned opinion to support its final award, and shall have
no power to issue any ruling that either is not consistent with, or is contrary to, Delaware law. The arbitrator also
shall have no power to award exemplary, special or punitive damages, and shall further have no power to award
incidental or consequential damages or damages for lost profits. The reasonable attorneys’ fees and costs of the
prevailing party or parties (as determined by the arbitrator) shall be reimbursed by the other party or parties. For
New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other
damages are mandated by statute.
Except as required by law, the parties agree to keep confidential the existence
and details of any dispute subject to this provision, including the results of arbitration. The foregoing shall not be
deemed to prohibit a party from disclosing relevant information to its legal, financial and other advisors in
connection with any such dispute as long as such advisors agree to maintain the confidentiality thereof pursuant to
this provision.
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