Common use of Disputes; Mandatory Arbitration Clause in Contracts

Disputes; Mandatory Arbitration. Except where prohibited, as a condition of participating in this Contest, each Entrant agrees that any dispute, claim or controversy arising out of or relating to the Contest or the breach, termination, enforcement, interpretation or validity of the Official Rules thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, except Rule 6(e) of those Expedited Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. These Official Rules and the rights of the parties hereunder shall be governed by and construed in accordance with the substantive laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that the Contest evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to the Contest, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to the Contest, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. Any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action. All costs of arbitration will be borne by the Administrator including any remaining JAMS Case Management Fees and all professional fees for the arbitrator's services. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

Disputes; Mandatory Arbitration. Except where prohibited, as a condition of participating in this ContestSweepstakes, each Entrant agrees that any dispute, claim or controversy arising out of or relating to the Contest Sweepstakes or the breach, termination, enforcement, interpretation or validity of the Official Rules thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, except Rule 6(e) of those Expedited Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. These Official Rules and the rights of the parties hereunder shall be governed by and construed in accordance with the substantive laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that the Contest Sweepstakes evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to the ContestSweepstakes, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to the ContestSweepstakes, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. Any and all disputes, claims and causes of action arising out of or connected with this Contest Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action. All costs of arbitration will be borne by the Administrator including any remaining JAMS Case Management Fees and all professional fees for the arbitrator's services. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.