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8
VENUE FOR ANY DISPUTE SHALL BE IN THE OAKLAND COUNTY, MICHIGAN. IF THE
CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT
DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND
BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES
OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR
SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE
ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN
MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL
BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM
SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE
ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED,
INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A
CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER
EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF
ANY ENTRANT AND/OR GAME ENTITIES AND/OR ANY OTHER PARTY SHALL BE
RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE
END OF THE GAME PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER
BARRED. Further, Entrants hereby waive all rights, to: (i) claim punitive, exemplary, special,
incidental, indirect and consequential damages and any other damages (whether due to
negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages
multiplied or otherwise increased. Entrants agree that the rights and obligations of any Entrant
and/or Game Entities and/or any other party shall be resolved individually, without resort to
any form of class action.
10. PRIVACY: Sponsor's Privacy Statement is available at
https://www.newellbrands.com/privacy-policy
.
11. PUBLICITY RIGHTS: By participating in the Game and/or accepting a prize, each entrant
agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his/her name,
biographical information, photos and/or likeness, voice recording, video images and all related
footage, and statements for promotion, trade, commercial, advertising and publicity purposes,
at any time or times, in all media now known or hereafter discovered including live television,
worldwide, including but not limited to on television, radio, the World Wide Web and Internet,
without notice, review or approval and without additional compensation except where
prohibited by law.
12. MISCELLANEOUS: Any attempted form of participation in this Game other than as described
herein is void. If it is discovered or suspected, in Sponsor’s sole and absolute discretion, that
an entrant has registered or attempted to register using multiple e-mail addresses, identities,
proxy servers or like methods, all of that entrant’s Game Plays will be declared null and void,
and that entrant will be ineligible to win a Prize. Also, if it is discovered that any entrant
attempts to receive additional Game Plays in excess of the stated limitation, that entrant may,
in Sponsor’s sole and absolute discretion, be disqualified from the Game. In the event of a
dispute as to the identity of a winner, the winning entry will be declared made by the authorized
account holder of the e-mail address associated with the account used to make such entry.
"Authorized account holder" is defined as the natural person who is assigned to an e-mail
address by an Internet access provider, online service provider or other organization (e.g.,
business, educational institution) that is responsible for assigning e-mail addresses for the
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