Win Big Sweepstakes - Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
TO BE ELIGIBLE TO PARTICIPATE AND WIN A PRIZE (AS THAT TERM IS DEFINED BELOW), YOU MUST LIVE IN THE UNITED STATES OF AMERICA (WITH THE EXCEPTION OF NEW YORK, THE RESIDENTS OF WHICH ARE SPECIFICALLY EXCLUDED FROM ELIGIBILITY FOR THE SWEEPSTAKES) AND MUST SATISFY THE OTHER ELIGIBILITY REQUIREMENTS SET FORTH BELOW.
YOUR ENTRY IN THIS SWEEPSTAKES MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR, ADMINISTRATOR, AND OTHER PARTIES, THE WAIVER OF THE RIGHTS TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
1) Sweepstakes Entry Period: The Win Big Sweepstakes (the “Sweepstakes”) begins at 12:01 AM ET on October 9, 2023 and ends at 11:59 PM ET on January 15, 2024 (the “Sweepstakes Entry Period”).
2) Eligibility: To be eligible to receive a Prize, entrants must, at the time of entry, meet all of the following requirements: (i) be legal residents of the United States (including the District of Columbia) with the exception of New York (the residents of which are specifically excluded from eligibility for the Sweepstakes) (“Territory”); (ii) be 18 years of age or older and the age of majority in the entrant’s jurisdiction; and (iii) be registered members of Marathon ARCO Rewards (each, a “Participant(s)”). Employees, officers, directors and agents of Marathon Petroleum Company LP (“Marathon” or “Sponsor”), Fooji, Inc. (“Fooji” or “Administrator”), prize fulfillment partner, any other company involved in the presentation, administration or fulfillment of the Sweepstakes, and their respective subsidiaries, affiliated companies, and divisions (collectively, the “Sweepstakes Entities”) and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household of any such person (whether or not related) are not eligible for the Sweepstakes. Void outside the Territory and where prohibited or restricted by law.
3) Sponsor and Administrator: The Sponsor of the Sweepstakes is Marathon Petroleum Company LP, located at 539 South Main Street, Findlay, OH 45840, and the Administrator of the Sweepstakes is Fooji, Inc., located at 257 E. Short St. Suite 200, Lexington, KY 40507.
4) How To Participate in the Sweepstakes: There are three (3) methods of entry:
a. Complete a Transaction: During the Sweepstakes Entry Period, visit a Marathon or ARCO Gas Station that is participating in Marathon ARCO Rewards and complete a transaction using your Marathon ARCO Rewards (“MAR”) loyalty ID (mobile number). Each transaction that you complete at a participating Marathon or ARCO Gas Station during the Sweepstakes Entry Period will give you one (1) entry into the Sweepstakes, unless you opt out of Sweepstakes entry (see below), subject to the two (2) entries per person per day limit outlined below. You can join MAR at a participating Marathon or ARCO Gas Station by entering your mobile number into the pin pad, either inside the store or at the pump. You must use the phone number connected with your MAR account when you complete a transaction at the participating gas station. It is free to create a MAR account. When you join, this first entry of your mobile number will also result in your first entry into the Sweepstakes, unless you opt out.
If you wish to opt out of entry into the Sweepstakes, you can do so by emailing sweepstakes@marathonarcorewards.com and requesting to be removed from the Sweepstakes.
b. Alternate Method of Entry – In App: To enter the Sweepstakes without completing a transaction at a Marathon or ARCO Gas Station, during the Sweepstakes Entry Period, visit MarathonARCORewards.com or download the Marathon ARCO Rewards App. The App is free to download. Sign-up or sign-in to Marathon ARCO Rewards through the website or within the App. Follow the prompts to click the offer tile dedicated to activating Sweepstakes entries.
c. Alternate Method of Entry – Mail In: To enter the Sweepstakes without completing a transaction at a Marathon or ARCO Gas Station or becoming a MAR member, during the Sweepstakes Period, legibly type or print your name, email address, and phone number on a postage prepaid postcard and mail the postcard to WIN BIG Sweepstakes, PO Box 1, Findlay, OH 45839. To be eligible, envelopes must be postmarked during the Sweepstakes Entry Period and must be received by Sponsor no later than January 22, 2024. Mail-in entry cards must be hand printed by the Participant only and each request must be mailed individually. Any bulk shipments of entries will not be processed or entered into the Sweepstakes.
Maximum Number of Entries: There is a maximum of two (2) entries per person per day during Sweepstakes Entry Period, regardless of entry method.
A maximum of one (1) Prize (defined below) may be awarded per person and per delivery address in connection with the Sweepstakes. Purported registration forms that are incorrect or incomplete, received outside the Sweepstakes Entry Period (including after all Prize(s) have been redeemed), or that contain obscene, offensive, or any other language communicating messages inconsistent with the positive images with which Sponsor or Administrator wishes to associate itself (all as determined by Sponsor or Administrator, as applicable, in its sole discretion) will be void and disqualified. Neither Sponsor nor Administrator is responsible for misspellings, typographical errors, or other issues that may affect the ability to locate or record a purported registration form. Normal Internet access and phone/usage charges imposed by your online/phone service may apply. Each entry through MarathonARCORewards.com must be manually key stroked and manually entered by the individual Participant; automated and/or repetitive entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified.
NOTE ABOUT MOBILE DATA AND MESSAGING CHARGES: If you participate in the Sweepstakes via a mobile device and/or download or transmit data via your mobile device, data and messaging rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Check your mobile device’s capabilities for specific instructions.
5) Prizes: There are five hundred and two (502) prizes available to be awarded (each a “Prize”).
a. Grand Prize: One (1) verified Grand Prize winner (“Verified Grand Prize Winner”) will receive one (1) 2024 Ford Expedition Limited MAX (ARV: $75,000) and $1,000 in Marathon ARCO Rewards (the “Grand Prize”). Total ARV of the Grand Prize: $76,000.
b. Second Prize: One (1) verified Second Prize winner (“Verified Second Prize Winner”) will receive “Fuel for a Year” awarded as $3,000 in Marathon ARCO Rewards.*
c. Third Prize: Five hundred (500) verified Third Prize winners (“Verified Third Prize Winner”) will receive $50 in Marathon ARCO Rewards.
Verified Grand Prize Winner, Verified Second Prize Winner, and Verified Third Prize Winner may be referred to herein collectively as “Verified Prize Winner(s).”
All federal, state and local taxes and all other expenses not expressly listed in these Official Rules are the sole responsibility of the Verified Prize Winners. No more than the stated number of Prizes will be awarded. Prizes are nontransferable and may not be substituted or redeemed for cash by Verified Prize Winners. Sponsor reserves the right to substitute any Prize for one of equal or greater value. Prize type(s) and components will be selected by Sponsor or its representatives in its/their sole discretion. Actual retail value of the Prize(s) may vary, including variations based on the Participants’ location. Total ARV of all Prizes available in this Sweepstakes: $104,000.
*This amount is based on an average 15,000 miles driven in a year divided by an EPA estimated combined highway and city mileage of 18 MPG multiplied by an average $3.60 estimated gasoline price per gallon.
Additional Grand Prize Terms: All non-stated options and features of the Grand Prize are in Sponsor's discretion and subject to availability. Sponsor shall make arrangements with Verified Grand Prize Winner to award and deliver the Grand Prize. Verified Grand Prize Winner must provide proof of insurance and a valid driver's license in order to receive the vehicle included in the Grand Prize. For purposes of federal taxes, the net fair market value of the Grand Prize, plus any published cash award applied toward the tax requirement (if applicable), as of the date Verified Grand Prize Winner receives the Grand Prize, will determine the net fair market value of the Grand Prize, not the approximate current retail value of the Grand Prize. Verified Grand Prize Winner shall be required to pay all tax obligations related to the Grand Prize at the time of (or prior to) receiving the Grand Prize. Verified Grand Prize Winner is solely responsible for all taxes resulting from winning the Verified Grand Prize, including all federal, state, provincial, municipal, and local, taxes, fees, assessments, sales taxes, and other similar charges. No substitution will be made except at Sponsor's sole discretion. Sponsor reserves the right to substitute any Prize for one of equal or greater value for any reason.
5. Winner Selection: Odds of winning a Prize in this Sweepstakes depend on the number of eligible Participants and valid entries. The Marathon ARCO Rewards application and Administrator will maintain be the official time keeping device for the Sweepstakes and all decisions by Administrator regarding the timing of entries and the order in which they are received will be final and binding. Subject to compliance with these Official Rules, entries will be accepted throughout the Sweepstakes Entry Period. Participants are limited to 396 entries during the Sweepstakes Entry Period (2 per day, regardless of entry method). At approximately 9:00 AM ET on January 23, 2024, Administrator will conduct a random drawing of all entries received during the Sweepstakes Entry Period and select one (1) potential Grand Prize winner (“Potential Grand Prize Winner”), one (1) potential Second Prize winner (“Potential Second Prize Winner”) and 500 potential third Prize winners (“Potential Third Prize Winner(s)”) (collectively, “Potential Prize Winner(s)”).
If you are chosen as a Potential Prize Winner, you will receive a notification via email or phone indicating that you are a Potential Prize Winner. Participants selected as winners are limited to one (1) Prize per person and per delivery address in connection with the Sweepstakes. Local merchants that participate in the fulfillment partner network may provide fulfillment and delivery of the Prize(s). Prize availability may vary and is not guaranteed in all areas. Except as determined by Sponsor in its sole discretion, no substitution of any Prize is offered, no transfer of Prize to a third party is permitted, and non-cash Prize(s) may not be redeemed for cash value. Prize(s) will be awarded and delivered only to addresses within the Territory. Verified Prize Winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the retail value of a Prize and must provide Sponsor or Administrator, as applicable, with a valid social security number if requested for tax reporting purposes. All expenses associated with the receipt and use of a Prize not specifically mentioned herein are solely the responsibility of the Prize winners. Neither Sponsor nor Administrator is responsible for any delay or cancellation of the Prize delivery due to unforeseen circumstances, or those outside of Sponsor’s or Administrator’s control, as applicable. If the fulfilling merchant cancels the order for reasons out of Sponsor’s or Administrator’s control, the Prize will not be delivered, and no additional compensation will be provided. Potential Prize Winners are subject to verification and may be required to sign and return to Sponsor or Administrator, as applicable, for its receipt within three (3) business days an Affidavit of Eligibility/ Liability Release with (where lawful) a publicity release for receipt by Sponsor by the due date indicated in the notification message. If any required documents are not timely received by Sponsor or Administrator, as applicable, or if any message or mail intended for a Potential Prize Winner is returned as undeliverable, then the applicable Prize may be forfeited. Any request related to lost, mutilated, missing, unclaimed or stolen prize(s) must be received within 14 days of notification of winning.
6. General Rules / Limitations of Liability: By participating in the Sweepstakes, Participants agree to be bound by these Official Rules and the decisions of Sponsor which shall be final in all respects. Participation in the Sweepstakes constitutes permission for Sponsor and its designees to use the Participant’s name, likeness, voice, biographical information, prize information, quotes attributable to Participant, and any other elements of Participant’s persona for purposes of advertising and trade in any and all media now known or otherwise developed without further compensation or review. By clicking “Enter Now,” Participants authorize Fooji or their fulfillment partners to email (if email address is available), send text messages or phone calls notifying Participants of delivery details for their order. Participants agree that Fooji or the fulfillment partner may send the notice to the telephone number the Participant provides during the registration process, and Participants understand notifications will be sent using automatic dialing technology. Participants understand that they are not required to agree to receive such messages as a condition of participation. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and all media) contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Sponsor, Administrator, and the other Sweepstakes Entities assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers, software or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to Participant's or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. Sponsor, Administrator, and other Sweepstakes Entities are not responsible for the failure of any entry to be received for any reason or for any delay in the processing or failure to process any entries. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; is suspected of cheating, fraud, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any Participant who uses or is suspected of using cheating, fraudulent means, unauthorized ordering methods, or otherwise attempts to participate multiple times, or with multiple identities, and/or addresses will be disqualified. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor or Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that or any other provision. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, changes to the platform, or any other causes beyond the control of the Sponsor or Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then the Sponsor reserves the right in its sole discretion to cancel, modify, suspend or terminate the Sweepstakes in whole or in part. In the event Sponsor or Administrator experiences a technical failure that causes the Sweepstakes to be suspended, Administrator shall select Potential Prize Winner(s) by random drawing from all valid entries received up to the point of the technical failure. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A CONDITION OF ENTRY INTO THE SWEEPSTAKES, ALL PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, AND OTHER SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH: PARTICIPATING IN ANY ASPECT OF THE SWEEPSTAKES; THE RECEIPT, OWNERSHIP OR USE OF ANY PRIZE AWARDED; PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY PRIZE-RELATED OR SWEEPSTAKES-RELATED ACTIVITY; OR ANY TYPOGRAPHICAL OR OTHER ERROR IN THESE OFFICIAL RULES OR ANY POSTS OR OTHER ANNOUNCEMENTS RELATING TO THE SWEEPSTAKES. THE WINNERS SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO THEIR PRIZE AFTER THEY HAVE BEEN DELIVERED. SPONSOR, ADMINISTRATOR, AND THE OTHER SWEEPSTAKES ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE(S). BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00)) AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Without limiting any other provision in these Official Rules, the Sweepstakes Entities are not responsible or liable to any Participant or Prize Winner (or any person claiming through such Participant or Prize Winner) for failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Sweepstakes Entities’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Sweepstakes Entity (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE SWEEPSTAKES ENTITIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
7. Privacy Policy: By entering the Sweepstakes, Participants agree that any personal information submitted by Participants may be used and shared by Administrator subject to the Marathon ARCO Rewards privacy policy posted at https://www.marathonarcorewards.com/privacy-policy
8. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:
Except where prohibited by law, as a condition of participating in this Sweepstakes, each Participant agrees as follows:
Binding Arbitration Agreement. Except as otherwise stated below, any and all legal issues, claims or disputes arising out of or connected or related in any way to the Sweepstakes, including but not limited to any Prizes awarded, shall be resolved through final, binding arbitration. Participant specifically agrees that, except as otherwise provided herein, entry into the Sweepstakes waives all rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to have such lawsuit resolved by a judge or a jury.
This Arbitration Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/). If JAMS’ criteria are met by the nature of the dispute, Participant agrees that the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures (https://www.jamsadr.com/rules-streamlined-arbitration/). Judgment upon any arbitration award may be entered in any court of appropriate jurisdiction.
Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if Participant is unable to pay JAMS’ costs, Administrator or Sponsor will pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another arbitration administrator will do, to be selected by agreement of the parties.
Neither Participant nor Administrator or Sponsor shall be permitted to obtain awards, and all parties hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes). The parties further waive all rights to have damages multiplied or increased.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both Participant and Administrator or Sponsor. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. This Arbitration Agreement will survive the termination of Participant’s relationship with Administrator or Sponsor.
Excluded Disputes. Notwithstanding the binding arbitration requirement set forth in this section, Participant may bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent permitted by applicable law, Participant and Administrator and Sponsor agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of Participant’s relationship with Administrator and Sponsor.
One-Year Time Limit to Raise Disputes or Claims. Participants agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to the Sweepstakes, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH PARTICIPANT AND ADMINISTRATOR AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. Participant and Administrator and Sponsor are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Location of Arbitration. Participant may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where Participant resides, unless each party to the arbitration agrees otherwise, or at another mutually agreed upon location.
9. Governing Law: These Official Rules and any disputes between us shall be governed by the laws of the State of Ohio without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
10. Severability: If any term of provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed and the remainder of these Official Rules shall continue in full force and effect.
11. Winners List: For a winners’ list, no later than 60 days after the close of the Sweepstakes, send an email request with the name of the Sweepstakes to hello@fooji.com or mail your request together with a self-addressed stamped envelope to Win Big Sweepstakes Winner’s List to Administrator at the address noted in Section 3 above.
12. Questions? If you have any questions, you may contact us at help@fooji.com.