The "America’s Next Top Model Photo Shoot Voting Promotion"
Terms and Conditions
All execution-specific times are Pacific time. The “America’s Next Top Model Photo Shoot Voting Promotion” (the “ANTM Vote”) begins on Thursday, February 20, 2014, at 09:00:00 a.m. and ends on Monday, April 1, 2014, at 8:59:59 p.m. (the “Master Voting Period”) and is affiliated with The CW Network television series America’s Next Top Model (hereinafter referred to as the “Series”). The Master Voting Period and individual Polling Period dates and times (as disclosed below) are subject to change at the sole discretion of the The CW Network and with no advance warning/notification.
The ANTM Vote is open to individuals who are legal residents of any one (1) of the fifty (50) United States and the District of Columbia (collectively, the “U.S.”) who are thirteen (13) years of age or older in their state of residence and physically domiciled in the U.S. at the time of initial participation (hereinafter referred to as a “Participant” or collectively as “Participants”). As a condition of participating in the ANTM Vote, each Participant acknowledges that he/she is not entitled to any guild or union wages or similar compensation, and that if he/she is a member of any guild or union, then his/her participation in the ANTM Vote is at his/her own risk and he/she is solely responsible for complying with any guild or union regulations.
The CW Network, LLC is hereinafter referred to as the “Network”. Warner Bros. Television, a division of WB Studio Enterprises Inc., is hereinafter referred to as “WBTV”. Ten By Ten Entertainment, Tyra Banks Company Holdings, Inc., Anisa Productions, Inc., and Pottle Productions, Inc. are hereinafter collectively referred to as the “Producers”. The entities listed above and Warner Bros. Entertainment Inc., CBS Corporation and each of their respective member or parent companies and subsidiaries, affiliates, distributors, divisions, other Series production-related entities, broadcast affiliates, or advertising and promotion agencies associated with the ANTM Vote are hereinafter collectively referred to as the “Administrative Parties”.
By participating, each Participant agrees to be bound by these Terms and Conditions (hereinafter “T&Cs”) and the decisions of the Network and the Producers, which are final and binding in all respects.
HOW TO PARTICIPATE:
Throughout the Master Voting Period, Series episode–specific contestant photographs and video clips will be revealed on www.cwtv.com/antmvoting during specific time periods (each hereinafter referred to as an “ANTM Polling Period” or, collectively, as “ANTM Polling Periods”), which will occur during or about the timeframes listed below:
ANTM Polling Period #1
(between 09:00 a.m. and 8:59 p.m. on February 20, 2014)
ANTM Polling Period #2
(between 09:00 a.m. and 8:59 p.m. on February 23, 2014)
ANTM Polling Period #3
(between 09:00 a.m. and 8:59 p.m. on February 27, 2014)
ANTM Polling Period #4
(between 09:00 a.m. and 8:59 p.m. on March 2, 2014)
ANTM Polling Period #5
(between 09:00 a.m. and 8:59 p.m. on March 5, 2014)
ANTM Polling Period #6
(between 09:00 a.m. and 8:59 p.m. on March 8, 2014)
ANTM Polling Period #7
(between 09:00 a.m. and 8:59 p.m. on March 12, 2014
ANTM Polling Period #8
(between 09:00 a.m. and 8:59 p.m. on March 15, 2014)
ANTM Polling Period #9
(between 11:00 a.m. and 8:59 p.m. on March 22, 2014)
ANTM Polling Period #10
(between 11:00 a.m. and 8:59 p.m. on March 25, 2014)
ANTM Polling Period #11
(between 11:00 a.m. and 8:59 p.m. on March 28, 2014)
ANTM Polling Period #12
(between 11:00 a.m. and 8:59 p.m. on April 1, 2014)
During these specific Polling Periods, Participants may rate the individual contestants by assigning them a score between 1 and 10 (1 being the worst and 10 being the best) (hereinafter referred to as a “Score” and/or the act of “Scoring”) at http://www.cwtv.com/antmvoting (hereinafter referred to as the “Website”).
Aggregate Scoring, derived from Scores received during each respective Polling Period, may be used by the Network and/or Producers to rank each of the featured America’s Next Top Model contestants. A composite Score, as solely determined by the Producers, will be used by the Producers as a factor in determining contestants to be eliminated from the America’s Next Top Model competition.
Producers may, at their sole discretion, provide suggested subject matter/content from which Participants may base their Scoring and/or Voting Submissions (as defined below) for a specific Polling Period.
(1) If you wish to submit your Scoring and include a written/photo comment:
Visit the Website and follow the on-screen instructions to reach the ANTM Vote registration page. On the registration page, follow the on-screen instructions to use the Scoring mechanism provided to indicate your Score for each respective contestant featured on the registration page and provide the following information and submission-related assets:
- From the Social Media options provided, input your selected and valid Social Media identification (hereinafter “Social Media ID”).
- Write an explanation in English, not to exceed one hundred and fifty (150) words in length, explaining why you scored the contestants the way you did.
- Utilizing the photo upload mechanism provided on the ANTM Vote registration page, upload a photograph of yourself in JPEG (“.jpg”) or TIFF (“.tif”) format, not to exceed 72 dpi resolution and five (5) inches by seven (7) inches in size (hereinafter, the explanation in English and the photograph are collectively referred to as a “Written Submission”).
(2) If you wish to submit a video comment:
Visit the Website and follow the on-screen instructions to reach the ANTM Vote registration page. On the registration page and in the spaces provided, Participant has the option to use the Scoring mechanism provided to indicate a Score for each respective contestant featured on the registration page; however, it is not necessary that a Participant score a contestant in order to submit a video comment on that contestant’s photos and/or video clips. As disclosed above, provide your selected and valid Social Media ID and then provide the following submission-related assets:
- Using the video/audio recording mechanism provided by the Network on the Website, record a video and audio segment, not to exceed thirty (30) seconds in length, commenting on the contestants’ performance and, if you scored the contestants, sharing why you scored the contestants the way you did (hereinafter referred to as a “Video Submission”).
- No other person than you (the individual entrant) may physically or editorially be included in a Written Submission or Video Submission you submit (Written Submission and Video Submission herein collectively referred to as “Voting Submission”). If another person, other than you, does appear in the Video Submission you submit, that specific submission may or may not be disqualified in Producers’ discretion.
- No music (of any kind) may appear in a Video Submission you submit. If music is included in a Video Submission that you submit, that specific submission may be disqualified and/or Producers reserve the right to remove such music.
- No logos, brand names or copyrighted material may appear in your Video Submission, including, but not limited to, any form of the Series or Series-related logo. If any of the above-mentioned mediums appear in your Video Submission, that specific submission may be disqualified and/or Producers reserve the right to edit your Video Submission for any inclusion in the Series.
IMPORTANT: All Voting Submissions received by the Administrative Parties may be posted (in whole or in part) online and/or in other forms of ANTM Vote-related and/or any other media on a worldwide basis, in any manner and in all venues, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the ANTM Voting Promotion, on Administrative Party-related websites and any of Administrative Parties’ advertising and promotion materials and/or broadcasts in any form (see “GRANT—HOW THE ADMINISTRATIVE PARTIES MAY USE YOUR VOTING SUBMISSION–RELATED MATERIALS” for further disclosures below).
A Participant may participate a maximum of one (1) time per Social Media ID, per Polling Period for each model contestant (each respective Polling Period and related participation restrictions to be disclosed on the Website), regardless of method of submission; however, each Voting Submission submitted must be significantly different in content, presentation and/or messaging (as determined solely by the Network and/or the Producers) from any other Voting Submission entered by the same Participant. Voting Submissions received before and/or after the Master Voting Period may be void. The Network and/or the Producers, at their sole discretion, reserves the right to modify the number of Voting Submissions that may originate from a Participant’s Social Media ID at any time with or without notice.
Each Voting Submission that is entered into the ANTM Vote must meet the following “Submission Requirements” (any submission that, in the Network’s and/or the Producer’s sole and absolute discretion, violates the following criteria may be disqualified). By submitting a Voting Submission, Participant agrees that his/her submission shall not contain, include or involve any of the following:
- Obscene, profane, lewd or defamatory content, data or editorial in any medium
- Crude, vulgar or offensive language, symbols and/or imagery in any medium
- Gratuitous violence or editorial, audio and/or visual imagery involving guns or other weapons
- Explicit, descriptive content of nudity and/or sexual activity of any kind
- Commercial products and/or their trademarks, or reference to brands, logos or endorsements
- Descriptive language or imagery of hard liquor use in any medium
- Reference to or imagery of illegal drug or alcohol use or abuse in any medium
- Descriptive language or imagery disclosing phone numbers or personal addresses (physical, e-mail or otherwise) in any medium
- Website or web-page links
- Derogatory written, audio and/or visual imagery characterizations of any ethnic, racial, sexual or religious groups; humiliation of other people (publicly or otherwise); written, audio and/or visual depiction of assault or threatening of others
- The violation of other people’s rights or property
- Depiction of illegal (discriminatory, harassing) or inappropriate activity, behavior or conduct (i.e., inflicting emotional distress) in any medium
- Any third-party materials that may otherwise violate or infringe (or do infringe) any of the following:
- Copyright, trademark, logo or mark describing/identifying a brand or other proprietary right of any person, living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light), or entity, or that is otherwise objectionable; such may not be considered and may disqualify the Participant.
- Participants may not copy or otherwise plagiarize their Voting Submission from any source.
- No slanderous or libelous statements.
- Any content that has been previously released, in any medium, at any time
- Any other content, material and/or descriptive in any medium that is or could be considered inappropriate, unsuitable or offensive, as determined by the Network and/or the Producers at their sole discretion
- A topic other than the topic as described in the “How to Participate” section of these T&Cs, and Participant understands that if it contains such, the Voting Submission may be disqualified
- Conduct or activities in violation of these T&Cs
Voting Submissions must be in keeping with Network’s and the Series’ image and may not be offensive, as determined by Network and/or the Producers at their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. In such an event, the Voting Submission may be disqualified from the ANTM Vote.
Network and/or the Producers have the sole discretion to determine whether a submission (in any medium) qualifies as a Voting Submission. Any Voting Submission not in compliance with the above and that does not meet the Network and/or Producer-dictated requirements may be disqualified.
Each Participant agrees to indemnify, defend and hold harmless the Administrative Parties for any breach or alleged breach of any of the foregoing representations and warranties.
Nonreadable, garbled or incomplete Voting Submissions, or Participants that do not abide by these T&Cs, as determined by the Administrative Parties, at their sole discretion, may be disqualified. All Voting Submissions become property of the Network and the Producers and will not be returned or acknowledged. Voting Submissions that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and may be void. Submission of false or misleading information by a Participant will be grounds for disqualification of a Participant. Proof of submission of a Voting Submission will not be deemed proof of receipt of a Voting Submission by the Network. For purposes of these T&Cs, a Voting Submission is “received” online when The CW’s Website (or their designated representative’s) server(s) record the Voting Submission upon Participant clicking the final “Submit” button (in any message or graphic-related representation). All Voting Submissions must be submitted legitimately.
In the event of a dispute regarding the identity of a Participant, the Voting Submission will be deemed submitted by the authorized account holder of the Social Media ID provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to the Social Media ID by the related provider, or other organization that is responsible for related assignation. A Participant may be requested to provide the Administrative Parties with proof that he/she is the authorized account holder of the Social Media ID associated with the related Voting Submission. If a dispute cannot be resolved to Network’s and/or the Producers satisfaction, the Voting Submission may be deemed ineligible.
In addition to the “Grant” section below, a Participant’s personal information will be utilized by the Administrative Parties to comply with any legal requirements, and as otherwise disclosed on the Website and/or registration form.
VOTING SUBMISSION SELECTION CRITERIA:
The Producers, at their sole discretion, will determine if and/or when a selected Participant’s Voting Submission is utilized in the Series, if at all. The Producers are not obligated to broadcast or otherwise use or exploit any Submitted Materials or any part thereof.
SELECTED VOTING SUBMISSION EXPERIENCE:
A selected Participant’s Voting Submission may, at the Administrative Parties’ sole discretion, appear in a future episode of the Series (hereinafter referred to as the “Experience”).
There is NO compensation of any kind as a result of participation in the ANTM Vote. Any additional Experience-related consideration conveyed, other than that specifically disclosed in these T&Cs, will be conveyed at the sole discretion of the Administrative Parties.
GRANT—HOW THE ADMINISTRATIVE PARTIES MAY USE SUBMITTED MATERIALS, AS DISCLOSED BELOW:
Except where prohibited by law, by participating in the ANTM Vote, each Participant grants the Administrative Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness in any medium, statements, biographical information, and any information or material contained in his/her submission (collectively, “Submitted Materials”) on a worldwide basis, in any manner and in all venues and forms of media, now known or hereafter devised, in perpetuity, without any form of payment or other compensation, review or approval, including, without limitation, in and in connection with the Series, on Administrative Parties’ websites and any of Administrative Parties’ advertising and promotion materials and/or broadcasts in any form. In addition, by participating, each Participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the ANTM Vote, without compensation, review or approval. In connection therewith, each Participant grants full permission and consent to the Administrative Parties to utilize any of the results of such photographing, filming, taping and/or interviewing in perpetuity, in any manner and in any and all media now known or hereafter devised and hereby releases the Administrative Parties from all liability related thereto.
Each Participant agrees that by submitting the Submitted Materials, he/she irrevocably and exclusively assigns all right, title and interest, without limitation, in and to the Submitted Materials to the Network and the Producers, including, without limitation, all trademarks, copyrights and all other proprietary and intellectual property rights contained therein.
Network and the Producers reserve the right to edit, adapt or otherwise revise and alter any Submitted Materials. Each Participant hereby waives any moral rights or so-called droit moral in and to his/her Submitted Materials, and each Participant hereby releases each of the Administrative Parties from any liability or cause of action related to editing, adapting or otherwise revising and altering any Submitted Materials.
Participants agree that the Administrative Parties are not obligated to broadcast or otherwise use or exploit any Submitted Materials or any part thereof. By submitting Submitted Materials, each Participant agrees to execute any documents or take any further action required by the Administrative Parties to effectuate the intention of the grants in these T&Cs and any other agreements made by each Participant.
The Administrative Parties may require an additional separate written agreement with a Participant at their sole discretion.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
THE ADMINISTRATIVE PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE EXPERIENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EXPERIENCE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE ADMINISTRATIVE PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
EACH PARTICIPANT AND EACH OF HIS OR HER AGENTS, ASSIGNEES, EXECUTORS AND SUCCESSORS AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE EACH OF THE ADMINISTRATIVE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND DEBT ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHETHER NOW KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, DIRECTLY OR INDIRECTLY, PARTICIPATION IN THE ANTM VOTE, INCLUDING, WITHOUT LIMITATION, PERSONAL EMBARRASSMENT, PUBLIC RIDICULE, LOSS OF PRIVACY, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED OR CONTRIBUTED TO BY OR ARISING OUT OF PARTICIPATION IN THE ANTM VOTE. IF ANY OF THESE T&CS ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE T&CS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE ADMINISTRATIVE PARTIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR REROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO PARTICIPATING IN THE ANTM VOTE AND AGREEING TO THESE T&CS, A PARTICIPANT WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME A PARTICIPANT AGREED TO THESE T&CS, AND WHICH IF KNOWN AT THAT TIME MAY HAVE MATERIALLY AFFECTED A PARTICIPANT’S DECISION TO AGREE TO THESE T&CS. BY PARTICIPATING IN THE ANTM VOTE, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT BY REASON OF THESE T&CS, AND THE RELEASES CONTAINED IN THE PRECEDING PARAGRAPHS, EACH PARTICIPANT ASSUMES ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
Each Participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. 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.
Lost or Corrupted Entries. The Affiliated Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Affiliated Entities, and their parents, affiliated and subsidiary companies, advertising, marketing and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Voting Promotion, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction.
Damaged Property & Errors . Affiliated Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Voting Promotion or downloading materials from this Voting Promotion.
Voting Promotion. The Affiliated Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Voting Promotion; (b) in any related advertising, marketing or promotions of the Voting Promotion; and/or (c) in these T&C. In the event of any ambiguity(s) or error(s) in these T&C, Producers reserve the right to modify them for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Voting Promotion.
Limitation of Liability. IN NO EVENT WILL THE AFFILIATED ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, DEALERS AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE VOTING PROMOTION, INCLUDING WITHOUT LIMITATION PARTICIPANT’S ACCESS TO AND USE OF THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The Administrative Parties are not responsible and/or liable for any of the following, whether caused by the Administrative Parties, the Participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected Voting Submissions, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication, including, but not limited to, lost or unavailable mobile telephone/wireless connection or failure; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software including, but not limited to, inability of a Participant’s computer to interface with the provided Voting Submission mechanism; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications.
Each Participant agrees not to knowingly damage or cause interruption of the Voting Promotion and/or prevent others from participating in the Voting Promotion. Any person who supplies false information, submits Voting Submissions by fraudulent means or is otherwise determined to be in violation of these T&Cs may forfeit the Experience and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ANTM VOTE VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, NETWORK AND/OR THE PRODUCERS MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND NETWORK MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
An Administrative Party’s failure to enforce any provision in these T&Cs will not constitute a waiver of that or any other provision.
Except where prohibited, as a condition of participating in this Voting Promotion, each Participant agrees that any and all disputes that cannot be resolved between the Participant and any Administrative Party, claims and causes of action arising out of or connected with this Voting Promotion or any Experience-related consideration awarded shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted to obtain awards for and hereby waives 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 (if any), not to exceed two hundred fifty dollars ($250), and Participant further waives all rights to have damages multiplied or increased.
All claims brought by a Participant must be brought in the courts of the state of California, and the Voting Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California and without reference to its conflicts of law principles.