Official Rules
WIN A PAIR OF LIMITED EDITION 2019 ALL-STAR THEMED NIKE AIR JORDANS
OFFICIAL RULES
NO PURCHASE, DONATION OR FUNDRAISING OF ANY KIND IS REQUIRED TO ENTER OR WIN. A PURCHASE, DONATION OR FUNDRAISING WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR AND/OR QTEGO (EACH, AS DEFINED BELOW) TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR OR QTEGO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Donations made in the Promotion (as defined below) go to Charlotte Hornets Foundation, Inc., EIN 20-0946449, a non-profit organization qualified under Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended.
1. INTRODUCTION: The “Win A Pair of Limited Edition 2019 All-Star Themed Nike Air Jordan’s” Promotion (hereinafter, the “Promotion”) is a sweepstakes sponsored by Charlotte Hornets Foundation, Inc., with its principal place of business located at 333 East Trade Street, Charlotte, NC 28202 (“Sponsor”) and administered by Qtego, LLC, with its principal place of business located at 5816 W. 74th Street, Indianapolis, IN 46278, which operates a silent auction mobile bidding platform called Qtego Auction Services (“Qtego”). Sponsor is responsible for providing the prizes for the Promotion. Your participation in the Promotion means that you unconditionally agree to these Official Rules and all decisions by Sponsor and Qtego, which are final and binding in all matters related to the Promotion. To win a prize, you must comply with all facets of these Official Rules and all decisions by Sponsor and Qtego.
2. ELIGIBILITY: The Promotion is open to individuals who (i) agree to these Official Rules, (ii) are legal residents of the 50 United States or the District of Columbia (the “Eligibility Area”), and (iii) are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. Do not enter the Promotion if your state of residence, age or any other rule or law prohibits or restricts you from entering or participating in the Promotion, or prohibits, restricts or limits the award of a prize. You must be able to accept the award of a prize without rules or restrictions imposed by the jurisdiction in which you live. Employees, agents, officers, directors, members, managers and owners of Sponsor, the National Basketball Association and its member teams, NBA Properties, Inc., Qtego and each of their respective parents, affiliates, subsidiaries, owners, members, directors, managers, officers, agents, employees, judges, advertising and promotion agencies, prize providers and anyone involved in the development or execution of the Promotion (collectively, the “Promotion Entities”), as well as their immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they live) and household members, whether or not related, are not eligible. All federal, state and local laws, rules and regulations apply. Entrants and entries are subject to all local rules. Void outside of the Eligibility Area and where prohibited or restricted by law and where bonding, registration or other requirements would be required but have not yet been met or where the methods of entry set forth below would be deemed consideration. All donations made in connection with the Promotion are governed by these Official Rules. The Qtego Terms of Use (https://www.qtego.com/terms) apply. If a conflict arises between these Official Rules and the Qtego Terms of Use, these Official Rules govern and control only to the extent of such conflict.
By entering, each entrant understands and agrees that, if selected as the Potential Winner (as defined in Section 6 below), he/she may be required to complete an Affidavit of Eligibility/Release; and, failure to sign such authorization and/or to furnish all required information as outlined in Section 7 below will result in disqualification. Sponsor reserves the right in its sole discretion, to disqualify the Potential Winner if it is determined that the Potential Winner is not eligible to participate in the Promotion.
3. PROMOTION PERIOD AND DONATIONS: The Promotion begins on May 1, 2019 at 9:00am Eastern Time (“ET”) and ends on May 23, 2019 at 11:59:59pm ET (the “Promotion Period”). Qtego’s server and computer clock is the official time-keeping device. If you enter via the free method described in Section 4(b) below, such entries must be received by Sponsor before the end of the Promotion Period. If you enter by donating as described in Section 4(a) below, such donations must be successfully processed to completion through Qtego and its third-party payment processor(s) before the end of the Promotion Period. Qtego has the right to verify any such donation, and any such donation that is subject to chargeback or dispute is not eligible. Donations can take time to process. Neither Sponsor nor Qtego is responsible for any delays in processing any donations. The list of donations on any particular fundraising page, if any are displayed or any similar tally of donation(s), are unofficial tallies of the amounts of donations in a campaign and may not accurately reflect the donations made based on a variety of factors. Results of the Promotion are not official until Sponsor or a duly authorized representative expressly announces the final results and verifies the Official Winner.
4. HOW TO ENTER AND WIN: Go to the Qtego website located at: https://www.Qtego.net/qlink/hornets (the “Website”) to register, view items, bid and more. During the Promotion Period, you may enter by either of the following methods of entry or a combination of both methods:
(a) Method One: To Enter by Donation: Donate at least ten dollars ($10) on the Website. To determine the number of entries in connection with each donation, your donation is broken down into ten-dollar ($10) increments, with each ten-dollar increment ($10) constituting one (1) entry. Donations or dollars raised do not need to be exact or multiples of the increments listed above. In other words, $10 and $11 donations get one entry; $60 and $61 get six entries. You may donate more than one time. Each donation you make separately on Qtego is separate for purposes of counting entries. In other words, if you make 2 separate donations of $15 each, you get two entries (not three entries, which would be the case if you make one donation of $30). Donations must be made on the Website using a credit card and successfully processed to completion (and not subject to any chargebacks or disputes) through Qtego, or its third-party payment processor if applicable, during the Promotion Period to count toward the Promotion. Donations made outside of the Promotion Period and/or offline, even if recorded on the Website, are not eligible and will not be counted. Assurance of delivery and processing of donations is the sole responsibility of the entrant. Donations are nonrefundable. Please note that although you may receive entries for the full amount of your eligible donation in accordance with the terms in these Official Rules, the ultimate recipient of your donation may receive less than the full amount that you donate after the deduction of administrative and processing fees in accordance with the Qtego Terms and Conditions.
(b) Method Two: To Enter for Free: To enter the Promotion without making a donation, hand-print your full name, date of birth, mailing address and email address on a 3” x 5” card, and mail to: Charlotte Hornets Foundation, Inc., 333 E. Trade Street, Charlotte, NC 28202 to receive one (1) entry into the Promotion. Requests must be received during the Promotion Period to be eligible. Each mail-in entry must be in a separate postmarked outer envelope. No facsimiles or mechanical reproductions of entries allowed. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due mail/entries. Submissions become the property of Sponsor and will not be returned.
Regardless of method of entry, all entries are subject to verification of eligibility before a prize can be awarded. For example, if your birthdate or address entered on the Website or otherwise during the entry process does not meet eligibility requirements, your entry is automatically void. Your receipt and any confirmation email you receive are not confirmation of entry.
Charitable tax receipts will be issued to all donors/entrants, however, not all donations made by entrants and the Official Winner are tax-deductible and the Official Winner’s prize may be taxable. It is the individual entrant’s sole responsibility to determine the tax-consequences of their donations. Every entrant agrees that information provided by Sponsor is not advice, including, but not limited to, tax advice or legal advice, and it is recommended that each participant consult a professional, including a tax professional.
Those who do not provide the required information in their donation or entry form, or abide by these Official Rules or other instructions of Sponsor or Qtego may be disqualified at Sponsor’s or Qtego’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s or Qtego’s sole and absolute discretion.
If a dispute arises as to the identity of any entrant, the entry will be deemed submitted by the account holder of the email from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Gmail). Potential Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s and Qtego’s satisfaction, the entry will be deemed ineligible. Automated entries are prohibited, and any use of automated devices will cause disqualification. Any entrant that attempts to complete or submit fraudulent entries, and his/her entries, will be disqualified in Sponsor’s sole discretion. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address.
Your participation in the Promotion is voluntary and does not require you to purchase anything from the Sponsor or Qtego.
There is no limit to the number of entries permitted per person, regardless of method of entry, during the Promotion Period.
5. PRIZE: Fifteen (15) Official Winners (defined below) will each be able to select one (1) pair of Limited Edition 2019 All-Star Themed Nike Air Jordan’s from among the available allotment of shoes in the Promotion. For example, the first winner will be able to make their selection from the available size/color options. After the first winner makes his/her selection, the second winner will be able to then choose from all remaining available options, and so on until the fifteenth place winner is awarded the last remaining prize/pair.
The aforementioned prizes are subject to the below restrictions and limitations.
Official Winner is required to read these Official Rules and all applicable Terms and Conditions carefully. All prize details are subject to change in the sole discretion of Sponsor, and, if Sponsor is unable to provide the Official Winner with his/her prizes, Sponsor may elect to provide an Official Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prize) are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Official Winner may not return, exchange, substitute, redeem for cash, transfer, auction or sell his/her prize. Sponsor is not responsible for damage during shipping (if any), prize utility, quality or otherwise. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. OFFICIAL WINNER WILL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND FOR ANY OTHER FEES OR COSTS ASSOCIATED WITH THE PRIZES THEY RECEIVE, REGARDLESS OF WHETHER IT, IN WHOLE OR IN PART, ARE USED.
The Approximate Retail Value (“ARV”) of all prizes is three thousand seven hundred fifty dollars ($3,750.00). Sponsor reserves right to substitute prizes of equal or greater value. No substitution or transfer of prizes permitted by any Official Winner.
There is a limit of one (1) prize per person/household.
6. SELECTION OF OFFICIAL WINNER AND ODDS OF WINNING: Fifteen (15) entrants will be selected in a random drawing from among all eligible entries received by Qtego on or around May 23, 2019. The selected entrants are Potential Winners (each, a “Potential Winner”), and he/she will be notified by Qtego or Sponsor by email using details provided at entry on or around one (1) business day after the Promotion has ended. If a Potential Winner fails to respond within 48 hours of first contact, an alternate entrant may be selected in his/her place at random from all eligible entries received. The Potential Winners must then be verified by Sponsor or Qtego as eligible to participate and win and be declared the official winners per Section 7 below (each, an “Official Winner”). Odds of winning depend upon the total number of eligible entries you submit and the total number of eligible entries overall that are received for the Promotion. Any attempts to use multiple email addresses or accounts or robotic entries, are prohibited, and Sponsor and Qtego reserve the right in their sole discretion to disqualify all entries of any such entrant. An individual may not enter on behalf of another individual or transfer his/her entry to another person and may be required to show proof of ownership of his/her accounts used to enter the Promotion.
7. VERIFICATION OF OFFICIAL WINNERS AND DELIVERY OF PRIZE: The Potential Winners will be notified by email or telephone on or around one (1) business day after the Promotion has ended by Sponsor or Qtego. Potential Winners will be notified only at the email address or telephone numbers that he/she registered during the entry process. Each Potential Winner is not a winner of any prize unless and until his/her eligibility to participate and win has been verified and he/she has received notice from Sponsor or Qtego that he/she is an Official Winner of the prize. Qtego’s and Sponsor’s decisions are final and binding in all matters related to the Promotion. Potential Winners may be required to provide Sponsor and/or Qtego his/her name, residential address, telephone number, email address, social security number and valid photo ID. Sponsor and Qtego will not accept screen shots or other evidence of winning in lieu of their validation process. Potential Winners may be required to sign a non-disclosure agreement and an affidavit of eligibility/liability release (which affirms that he/she has complied with these Official Rules), Form W-9 or IRS Form 1099 and a publicity release (where permitted by law), all of which, if issued, must be completed, signed, notarized and returned within two (2) business days from date of issuance or the prize will be forfeited and may be awarded to an alternate winner. If a Potential Winner refuses to provide his/her Social Security Number for such prize within two (2) business days after request is made for the same, said Potential Winner will be disqualified. If the prize is declined, the prize or prize notification is returned as undeliverable, or in the event of noncompliance with these Official Rules and the requirements herein, the prize will be forfeited in Sponsor’s sole discretion. If a Potential Winner forfeits a prize, Sponsor will select a new Potential Winner, time permitting. Additional paperwork, releases, background checks or screenings, to the extent allowed by law, may also be required before a prize can be awarded. Except where prohibited, participation in the Promotion constitutes the consent of the Official Winner and the guest of the Official Winner for Sponsor’s and Qtego’s and their respective agents’ use of Official Winner’s and guest’s name, likeness, photograph, voice, opinions and/or hometown and state for advertising, promotional, and other purposes in any manner, in any and all media, now known or hereinafter devised, worldwide, in perpetuity, without further payment or consideration, notification, or permission (unless prohibited by law), and Official Winner’s further agreement to execute any specific consent needed or requested by Sponsor, Qtego or their respective designees in furtherance of such use.
8. RELEASE; LIMITATIONS OF LIABILITY; GENERAL CONDITIONS: All federal, state and local laws, rules and regulations apply. Entrants and entries are subject to all local rules. Void outside of the Eligibility Area and where prohibited by law. The Promotion Entities are not responsible for late, lost, stolen, damaged, garbled, incomplete, mistyped, misaddressed or misdirected entries, emails, mail or communications; for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices; or for transmission lines or data corruption, theft, destruction, unauthorized access to or alteration of entry materials, loss or otherwise; or for any delays in payment processing related to individuals who attempt to enter the Promotion by donating in accordance with Section 4(a) above. Further, Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in an entrant’s email account to receive email messages or insufficient space on an entrant’s computer. The use of automated software or computer programs to register or to enter the Promotion is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. The Promotion Entities disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Promotion, and Sponsor reserves the right, in its sole discretion, to modify, cancel, terminate or suspend the Promotion or any promotions should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor’s or Qtego’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion. If any such cancellation, termination or suspension occurs, a notice will be posted and, if a winner can be selected among all eligible, non-suspect entries received prior to such time, a new winner will be selected. Sponsor and Qtego reserve the right to disqualify any entrant (and his/her Promotion entry) from the Promotion, any other promotions conducted now or in the future by Sponsor or Qtego or any of their affiliates if he/she tampers with the entry process or if his/her fraud or misconduct affects the integrity of the Promotion or if he/she engages in any inappropriate or unacceptable behavior in connection with the Promotion. Qtego reserves the right to correct clerical or typographical errors in promotional materials. By participating in the Promotion, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and Qtego, warrants that he/she is eligible to participate in the Promotion and agrees to release, discharge, hold harmless and indemnify the Promotion Entities, the City of Charlotte, the County of Mecklenburg, the Charlotte Regional Visitor’s Authority and all of their respective members, managers, equity holders, officers, directors, parents, subsidiaries, partners, agents, employees, successors and assigns each of them (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to, or loss of, property, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy, arising out of participation in the Promotion or entries that are ineligible (including, if entry is made by donation, if not processed prior to the end of the Promotion Period). By accepting a prize, each Official Winner agrees to release the Released Parties from any and all liability, loss or damages arising from, or in connection with, the awarding, receipt and/or use or misuse of a prize or participation in any prize-related activity. All entrants acknowledge and agree that normal Internet access, phone and usage charges imposed by their online, phone or similar providers may apply in order to participate in the Promotion and accept a prize. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision(s) were not contained herein. The Promotion and all disputes, claims or controversies arising from these Official Rules, will be governed by North Carolina law, without regard to its conflict of law’s provisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE PROMOTION, INCLUDING ANY ACCESS TO, OR USE OF, THE WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. EACH OFFICIAL WINNER AGREES THAT ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF A PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
9. ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Qtego or Sponsor, whether arising out of, or relating to, these Official Rules, the Promotion, your participation in the Promotion, the prize, acceptance, possession, use or misuse of the prize, any advertising or any aspect of the relationship between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Promotion, you, Qtego and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU, QTEGO AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND QTEGO AND SPONSOR, AS APPLICABLE, AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
(c) Pre-Arbitration Dispute Resolution: Qtego and Sponsor are always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing Sponsor’s support team at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to Sponsor should be sent to Charlotte Hornets Foundation, Inc., Attn: General Counsel at 333 E. Trade Street, Charlotte, NC 28202. Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Qtego and/or Sponsor, as applicable, and you do not resolve the claim within sixty (60) calendar days after Notice is received, you, Qtego or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Qtego, Sponsor or you may not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, Qtego or Sponsor is entitled.
(d) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Qtego and/or Sponsor, as applicable, and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Qtego and/or Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
(f) Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
(g) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void. The remainder of these Official Rules will continue to apply.
(h) Conflict: If any conflict arises between any term or condition in this Section 9 and any term or condition in the Qtego Terms and Conditions (https://www.qtego.com/terms), then the applicable term or condition in this Section 9 will apply.
10. ENTRANT’S PERSONAL INFORMATION: By entering the Promotion, you consent to the collection, use and disclosure of your personal information for the purpose of administering the Promotion and prize fulfillment. You may also have the opportunity to sign up to receive promotional emails from parties associated with this Promotion; your choice to consent to such emails or to opt out of such emails in future does not impact your chances of winning. To the fullest extent permitted by law, the name, address (city and state), image and biographical information of an Official Winner may be used by Sponsor and Qtego for promotional purposes and a published Official Winner list. You may be required to sign a document to this effect. Information collected from entrants is subject to these Official Rules as well as Qtego’s Privacy Policy: https://www.qtego.com/privacy-policy/.
11. WINNERS LIST: To obtain an Official Winner list, send an email to [email protected] with the following subject line: “Please send the Official Winner list for the Win 2019 All-Star Themed Nike Air Jordan’s Promotion.” Requests must be submitted within ninety (90) days after the end of the Promotion Period. The list will be sent to requesting parties after selection and verification of the Official Winner.
12. NOTICE: Sponsor and Qtego reserve the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Promotion in violation of these Official Rules and/or criminal and/or civil law.
14. QUESTIONS REGARDING THE PROMOTION? Send an email to [email protected].