America’s Money Class With Suze Orman Final Exam Contest
OFFICIAL RULES
• No Purchase Necessary TO ENTER OR WIN a PRIZE IN THIS CONTEST. A Purchase OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
• THIS IS A SKILL-BASED CONTEST.
• VOID WHERE PROHIBITED BY LAW.
• PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED.
• SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS ARE WAIVING THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
• ONLINE ENTRY AND INTERNET ACCESS IS REQUIRED.
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: America’s Money Class With Suze Orman Final Exam Contest (the "Contest") is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States, the District of Columbia or Canada (excluding residents of the Province of Quebec), and who have reached the age of majority in their state or province of residence at the time of entry. Additionally, individuals must have a valid email address to enter the Contest. Email accounts can be obtained free of charge from many Internet service providers. Entrants who do not have access to the Internet may obtain access by visiting a local library with public computer facilities available free of charge, or through other public computer rental services. Employees, officers and directors of OWN: OWN Digital LLC ("Sponsor"), the Approved Card ("Prize Provider"), Suze Orman Media, Inc. and each of their respective parents, affiliates, licensee, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the "Contest Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win. For purposes of this Contest, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Additionally, subject to applicable laws, Sponsor, in its sole discretion, may conduct background checks on potential winners, as a condition to receipt of a prize. Each potential winner must first submit to such background check and cooperate with Sponsor in any reasonable way that Sponsor reasonably requests in order to be eligible to receive a prize. Sponsor reserves the right, in its sole discretion, to disqualify any winner based on such background check if Sponsor determines in its sole discretion that awarding the prize to such winner might reflect negatively on Sponsor.
2. ENTRY PERIOD: Entrants may begin submitting answers to the Final Exam (defined below) that is part of the Contest immediately after the airing of the initial exhibition of the sixth (final) episode of the first season of "America's Money Class with Suze Orman" and the entry submission period will end twenty-four (24) hours thereafter (unless otherwise extended in Sponsor's sole and absolute discretion) (the "Entry Period"). By entering or otherwise participating, entrants agree to be bound by these "Official Rules" and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules.
3. HOW TO ENTER: NO PURCHASE NECESSARY. To enter the Contest, during the Entry Period, you must go to https://www.oprah.com/moneyclass (the "Contest Website") or otherwise follow the call to action provided in any advertising for the Contest. Next, you must first either sign in as a registered user on the Contest Website or register as a member on the Contest Website (which is free). Once you are registered as a user, log-in to the Contest Website. The Contest Website will contain a description of the Contest and the official entry form. The entry form may request entrant’s information such as entrant’s first and last name, e-mail address, telephone number, city and state or province of residence and zip or postal code. Entrant must complete the entry form with all required information on the entry submission page for the entry to be eligible. Additionally, entrants, during the Entry Period, must take a quiz (the "Final Exam") that consists of twelve (12) multiple choice questions based on financial competence/knowledge and answer at least eighty percent (80%) correctly during entrant¹s first attempt when taking the Final Exam. Correct answers to the multiple choice questions may potentially be obtained by watching all six (6) episodes of"America's Money Class with Suze Orman" broadcast on OWN. Check your local listing for exact dates and times. Entrants will also be required to answer the Final Exam essay question (the "Essay Question")and submit through the Contest Website an answer to the Essay Question ("Essay Submissions") before the expiration of the Entry Period. Essay Submissions may be no more than fifty (50) words in length. Essay Submissions must meet the requirements outlined in these Official Rules, including, without limitation, the Content Guidelines (defined below).
All entries must be received before the expiration of the Entry Period. For purposes of this Contest, an entry is "received" when the Contest Website's servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of the Contest Website will be the official time keeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.
There is a limit of one (1) entry per person for the Contest. All entries (including Essay Submissions) that are in excess of the stated limits, late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's sole and absolute discretion. Use of any automated system to submit entries is prohibited and will result in disqualification. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method. In the event of a dispute as to the identity of any entrant, entry will be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. The Contest 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 entrant's e-mail account to receive e-mail messages. The Contest Entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the entrant. All entries (including Essay Submissions) become the physical property of Sponsor and will not be returned.
4. ESSAY SUBMISSION CONTENT GUIDELINES: Each entrant that submits an Essay Submission must comply with the Essay Submission content guidelines (collectively, "Content Guidelines") below. Essay Submissions that do not meet the following Content Guidelines are subject to disqualification and/or removal from the Contest Website (if applicable) at any time, at Sponsor’s sole and absolute discretion:
• Essay Submissions must be in the English language.
• Essay Submissions must comply with the Official Rules and any Terms of Use posted on the Contest Website and must meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
• Except for materials in the public domain, each Essay Submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
• Essay Submissions must not exceed fifty (50) words in length.
• Essay Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
• Except for materials in the public domain, Essay Submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest, such decision to be made by Sponsor in its sole discretion.
• Essay Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to the Contest Entities or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (all of the foregoing to be determined in Sponsor’s sole and absolute discretion).
• Each Essay Submission must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
5. INTELLECTUAL PROPERTY: Entrants, upon submission of their Essay Submission to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Essay Submission, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Essay Submissions, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called "moral rights (droit moral)" now or hereafter recognized in connection with Essay Submissions. Notwithstanding that Sponsor is granted a non-exclusive license in entrant's Essay Submission, entrants acknowledge that as a condition to being selected as a winner, Sponsor may request that a winner’s Essay Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Release (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Essay Submissions and are not obligated to use any Essay Submissions. Sponsor reserves the right to request entrants provide to Sponsor a written clearance document that provides written consent for an individual that is referenced in Essay Submissions. Entrants agree not to issue any publicity concerning Sponsor. Entrants agree that none of Sponsor, its licensees or agents, shall be responsible for return or preservation of the entries, including the Essay Submissions. Any Essay Submissions that are posted on the Contest Website are available to be viewed by anyone with access to the Internet. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Essay Submissions that may have familiarities or similarities to his/her own Essay Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Nothing herein shall create an implied or express contract to compensate entrants for their Essay Submissions and there is no obligation for Sponsor to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state or province), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide, in perpetuity, without notice or review or approval.
6. REPRESENTATIONS, WARRANTIES AND INDEMNITY: Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Essay Submission and all materials and matter therein: (1) are wholly original with such entrant and are not a copy, substantial taking or imitation of any other material or entrant has obtained all necessary rights; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Further, each entrant represents and warrants that Sponsor's use of entrant's Essay Submission shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Contest Entities harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. DETERMINING THE WINNERS: After the conclusion of the Entry Period, each eligible entrant that has correctly answered eighty percent(80%) of the multiple choice questions correctly on the Final Exam and submitted an Essay Submission through the Contest Website, will have their Essay Submission reviewed by a team of judges (which may include Suze Orman, in Sponsor's sole discretion) ("Judges"), assembled by Sponsor, based on the following judging criteria (collectively, the "Judging Criteria"):
33.3% financial knowledge;
33.3% understanding of financial concepts; and
33.3% originality and creativity.
Based on the total score the Judges assign to each Essay Submission using the Judging Criteria, one (1) "Grand Prize" winning Essay Submission and five (5) runner-up Essay Submissions will be ultimately selected by the Judges and will each be a potential winner, subject to confirmation that each potential winner has met the eligibility requirements and complied with these Official Rules. In the event of a tie during the winner selection process, the Sponsor will break any ties using the highest ranking Essay Submission in the "financial knowledge" category. If there still remains a tie, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to determine the winners.
8. WINNER NOTIFICATION AND PRIZE CLAIMING: Each potential winner will be notified by e-mail and/or telephone within three (3) weeks of the conclusion of the Entry Period. Subject to applicable laws, each potential winner will be required to submit to a background check before being deemed eligible to receive their prize and Sponsor reserves the right to disqualify any individual whose background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate with the Contest (which may be determined by Sponsor, at its sole discretion).
Each potential winner of the Contest may (in Sponsor's sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Release") and return the Prize Acceptance Release before being eligible to receive his or her prize. If any potential winner fails or refuses to sign and return such Prize Acceptance Release within seven (7) days of the first (1st) notification attempt or if the prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential winner, such potential winner (in Sponsor's sole discretion) may be disqualified, their potential prize forfeited, and an alternate may (in Sponsor's sole discretion) be selected (such alternate to be the individual with the next highest score as determined in accordance with Section 7 above). If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified, in Sponsor's sole discretion, and an alternate potential prize winner may then, in Sponsor’s sole discretion, be selected by the Judges. The Prize Acceptance Release is subject to verification by Sponsor.
Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners. When a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be selected. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information notifying the Sponsor. Failure to update such registration information may affect a potential winner's ability to receive a prize.
9. PRIZES: Sponsor/Prize Provider will be awarding six (6) total prizes in this Contest (i.e., one (1) Grand Prize will be awarded and five (5) runner-up prizes). The Grand Prize winner will receive an "Approved Card" issued in the amount of Fifty Thousand United States Dollars (U.S. $50.000.00). Each Runner-up winner will receive an "Approved Card" issued in the amount of Five Thousand United States Dollars (U.S. $5,000.00). NOTE: If a winner of the Contest resides in Canada, the winner’s prize will not be awarded in the form of pre-paid value card but will instead be awarded in the form of a cheque or bank wire transfer, such amount to be converted into Canadian currency as of the date of payment. The value of all prizes awarded in this Contest is Seventy-Five Thousand Dollars ($75,000.00 USD).
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor's sole and absolute discretion. Each Approved Card issued is a reloadable debt card and will be subject to Prize Provider's terms and conditions related thereto and any terms and conditions set forth on the Approved Card itself. Issuance of an Approved Card is subject to identity verification as required under the USA PATRIOT Act. All prize details not specified in these Official Rules will be determined in Sponsor's sole and absolute discretion. Prize details and availability are subject to change and Prize Provider's rules and restrictions, and in the event that Sponsor is unable to provide the winners with their prize, the Sponsor may elect, to provide the winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Sponsor is not responsible for and winners will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or materials. If Sponsor determines at any time, in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. Prize winners will be solely responsible for all federal, state/provincial 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 winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize package will be awarded for tax reporting and background check purposes. An IRS Form 1099 may be issued in the name of winners (for winners who are resident in the United States). Unclaimed prizes will be forfeited and another winner may be selected as a result of such forfeiture, in Sponsor’s sole discretion.
10. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Contest be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. RELEASE: By participating in the Contest, entrants agree to release, discharge and hold harmless Sponsor, Prize Provider, Suze Orman Media, Inc., and each of their respective parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties") from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants' participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant's or any other person's equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States or province of Canada that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
12. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, preemption of television broadcasts, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state/provincial or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
13. GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's/province’s laws.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00 USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION AND NO CLASS RELIEF: Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the these Official Rules or the Contest shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Los Angeles, California, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
15. WINNER'S LIST/OFFICIAL RULES REQUESTS: To receive a copy of the winner's list, prior to April 30, 2012, send a stamped self-addressed envelope to: "Contest Winners List", OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036 (Attn: Head of Business & Legal Affairs). Please indicate which Contest winners list you are requesting (i.e., the name of the Contest). Canadian residents may obtain a copy of the Contest winners list, prior to April 30, 2012, by sending a stamped, self-addressed envelope to: "America’s Money Class with Suze Orman Final Exam Contest Winners List, OWN Canada, Corus Quay, 25 Dockside Drive, Toronto, M5A 0B5 (Attention: Law Department"). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: "Contest Official Rules", OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036 (Attn: Head of Business & Legal Affairs) prior to the end of the Entry Period. Please indicate which Contest Official Rules you are requesting (i.e., the name of the Contest). Vermont residents may omit return postage with Official Rules requests. Canadian residents may obtain a copy of these Official Rules by sending a stamped, self-addressed envelope to: "America’s Money Class with Suze Orman Final Exam, Contest Official Rules, OWN Canada, Corus Quay, 25 Dockside Drive, Toronto, M5A 0B5 (Attention: Law Department") prior to the end of the Entry Period.
16. SPONSOR: This Contest is sponsored by: OWN: OWN Digital LLC, 5700 Wilshire Blvd., Suite 120, Los Angeles, CA 90036.
17. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. If you enter the Contest, Sponsor will have access to your personal information. By entering the Contest on the Contest Website, you accept Sponsor's privacy policy and terms of use, each as posted on the Contest Website. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Contest Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
