Show Us Your BORLA® Contest
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Show Us Your BORLA® Contest (the “Contest”) is open only to individuals who are: (i) legal residents and physically located in the forty-eight (48) continental states in the United States or the District of Columbia (excluding Hawaii and Alaska) and at least twenty-one (21) years of age or older at the time of entry; and (ii) the owner of a BORLA®-brand product that was fitted onto a vehicle owned by the individual entrant before July 5, 2017. Employees, officers and directors of Borla Performance Industries, Inc.(“Sponsor”, “us” or “we”), the id agency, their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. By entering or participating in the Contest, 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.
2. Entry Period. The Contest begins on or about 12:00 p.m. Pacific Time (“PT”) on Wednesday, July 5, 2017 and all entries must be received by the Sponsor before 12:00 p.m. PT on September 5, 2017 (the “Entry Period”).
3. How to Enter. To enter the Contest, during the Entry Period, visit the Contest website at contest.borla.com (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry form. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), email address, Instagram account page, date of birth, vehicle make/model/year, BORLA® product specifications on the vehicle and related registration information as prompted. Additionally, entrants must submit at least one (1) photograph and (up to) a sixty (60) second video that includes images of entrant’s vehicle that showcases BORLA® products fitted on the vehicle (collectively, the “Submission”) in one (1) of the following entry categories (each a “Category”): (1) American Muscle, (2) American Classic, (3) Truck, (4) Japanese, and (5) European. Entrants must indicate on the entry form the specific Category in which they wish to enter their Submission. For purposes of this Contest, a Submission is collectively the photograph(s) and video file submitted by the entrant that follows the technical, creative and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below).
After submitting their Submission to the Contest Website, participants must also post or otherwise share their Submission publicly on Instagram. When entrants post their Submission to their Instagram account, entrant must include the unique hashtag “#BorlaContest2017” as part of their Instagram post. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. NOTE: Sponsor may not receive entries from Instagram users with “private” account settings (i.e., user has set their Instagram Account so that only people the user has approved can view their photos) due to the way Instagram operates its service. Sponsor, at its sole discretion, may accept a technically incorrect unique term.
Limit of three (3) entries per person/email address for the Contest during the Entry Period. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and in these Official Rules. The database clock of Sponsor’s Contest Website will be the official timekeeper 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 may be disqualified at Sponsor’s sole and absolute discretion. All entries that are 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. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute as to the identity of any entrant who submits an entry, the entry will be deemed submitted by the account holder of the email or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
4. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website, each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
Based on the total score the Judges assign to each Submission using the Judging Criteria, one (1) winning Submission for each Category (i.e., five (5) total) will be ultimately selected by the Judges and each individual who submitted a selected Submission will be potential “Finalists”, subject to confirmation that the potential Finalist has met the eligibility requirements and complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Finalist.
Determining the Grand Prize Winner: Beginning on or about September 18, 2017 through September 22, 2017 (the “Public Voting Period”), the five (5) selected Finalist entries will be rated by other users (“Users”). Users must be thirteen (13) years of age or older to vote. Users will be asked to judge the Submissions based on the Public Voting Criteria (defined below). Users are required to critically evaluate each Submission and vote for their favorite Submission based on: (i) 50% based on the public appeal of the Submission; and (ii) 50% based on originality and creativity of the Submission (collectively, the “Public Voting Criteria”).
Each “day” during the Public Voting Period, Users may vote on each Submission a maximum of once. For the purpose of this Contest, a “day” will begin at 12:00 a.m. PT and end at 11:59 p.m. PT. Users can vote by following the instructions to participate in the voting process. Any entrant or other User offering or using, or attempting to use a “cheat,” payment, or other incentive (such as, the offer or acceptance of any benefit, compensation, gift or award in conjunction with voting or not voting for a given entry), or any other means to obtain votes or manipulate the results of the public voting may be disqualified and any votes earned by those means may be void, in Sponsor’s sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entry to which such votes relate, of the votes themselves, or both. Sponsor shall have the sole discretion to institute policies, protocols and procedures designed to enforce the intent of such restriction.
The Submission that receives the highest valid vote total during the Public Voting Period will receive a score of ten (10) points. All other Submissions will be given a score for their valid vote totals in proportion to the Submission receiving the highest valid vote total. For example, if the highest valid vote total received by a Submission is one hundred (100) valid votes, that Submission would receive ten (10) points for the “Public Voting” component of the total score. As such, a Submission receiving twenty (20) valid votes during the Public Voting Period would then receive two (2) “Public Voting” points, since twenty (20) out of one hundred (100) valid votes is 1/5th of the highest valid public vote total. For the avoidance of doubt, the “Public Voting” score is dependent upon the number of valid votes a Submission receives as well as the highest valid vote total received by any Submission during the Public Voting Period.
After the conclusion of the Public Voting Period, each Submission will then be reviewed by the nine (9) Judges assembled by Sponsor, who will re-review and judge all eligible Finalist Submission based on the Judging Criteria. Each of the nine (9) Judges will have ten percent (10%) of the final score and the Public Vote will make up the last ten percent (10%). Based on the total score the Judges assign to each Submission using the Public Vote and scores from the Judges using the Judging Criteria, one (1) winning Submission will be ultimately selected by the Judges and the individual Finalist of that Submission will be the potential “Grand Prize Winner”, subject to confirmation that the potential Grand Prize Winner has met the eligibility requirements and complied with these Official Rules. In the event of a tie during the Grand Prize Winner selection process, the Sponsor will break the tie using the highest ranking submission in the creativity category. If there still remains a tie, Sponsor will bring in a tie breaking Judge to apply the same Judging Criteria to determine the Grand Prize Winner.
8. Finalist and Grand Prize Winner Notification. The potential Finalists will be notified by mail, email and/or other method (as selected by Sponsor) on or about September 8, 2017, unless extended by Sponsor. The potential Grand Prize will be notified by mail, email and/or other method (as selected by Sponsor) on or about September 27, 2017, unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or other electronic message, one (1) day after sending via a delivery service or two (2) days after mailing. The potential Finalists and Grand Prize Winner will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements (collectively, “Prize Acceptance Documents”) within five (5) days of date of issuance. As part of completing the Prize Acceptance Documents, each Finalist will need to provide proof of vehicle ownership of the vehicle that appears in the winning Submission as well as proof of purchase of the BORLA® product featured on their vehicle. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Finalist or Grand Prize Winner or a potential Finalist or Grand Prize Winner is not in compliance with these Official Rules, the prize(s) will be forfeited and, at Sponsor’s discretion, an alternate winner selected.
Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
9. Prizes and Values. The prizes to be awarded in this Contest are as follows:
(A) Finalist Prize Description: Each confirmed Finalist will receive: (i) a check for $1,000; (ii) a BORLA® exhaust system, up to a $2,000 value (or a cash alternative in place of the BORLA® exhaust system of $500.00); and (iii) a prize package from Meguiar Car Care, with an ARV of $18.92. Limit of one (1) Finalist prize per person.
(B) Grand Prize Winner Prize Description: Sponsor will be awarding the Grand Prize Winner, one (1) “Trip Prize” consisting of: (i) two (2) roundtrip economy/coach airline tickets for the Grand Prize Winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor in its sole and absolute discretion to Las Vegas, Nevada to attend SEMA, taking place October 31, 2017 - November 3, 2017; (ii) a four (4)-night hotel stay (one (1) standard room based on double occupancy) for the Grand Prize Winner and one (1) companion in Las Vegas, Nevada, checking in October 30th, 2017 and checking out November 3rd, 2017; (iii) at least one (1) Vegas experience during the Trip Prize; (iv) two (2) badges to the SEMA show as a guest of Borla (which show is not open to the public); and (v) per diem for meals and transportation for the entire trip of $1,000. The total ARV for the Trip Prize is Nine Thousand Eight Hundred and Thirty Dollars ($9,830.00) (USD). Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and black out dates may apply. The Grand Prize Winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate Winner selected based on the process set forth above. As an alternative to accepting the Trip Prize, the Grand Prize Winner may elect to take $2,000 in the form of a check instead of receiving the Trip Prize.
The Trip Prize Winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of the Trip Prize Winner and his or her companion(s) to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles. Travel must be booked at least two (2) weeks prior to travel and all travel must be completed immediately before and after SEMA. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in its sole and absolute discretion. The Trip Prize Winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s and prize providers’ terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to Trip Prize Winner’s proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Trip Prize Winner.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the Trip Prize Winner at the time of Trip Prize notification. Trip Prize Winner and companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Trip Prize Winner may be required to provide a credit card at the time of hotel check-in. Companion of Trip Prize Winner must be at least twenty-one (21) years of age in his or her state of residence as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip Prize Winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize Winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize Winner.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. 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 a winner with his/her prizes, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a winner (and/or his or her companion) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize, including ending a trip (if applicable) or other applicable experience early. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received. Unclaimed prizes will be forfeited.
The total ARV of all of the prizes awarded in this Contest is Twenty-Four Thousand Nine Hundred Twenty-Four Dollars and Sixty Cents ($24,924.60) (USD).
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, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. 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. The Released Parties 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 email or other account to receive messages. 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 MAY 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, entrant agrees to release, discharge and hold harmless the Contest Entities, Instagram, LLC, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s 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 other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, entrant agrees that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. 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.
12. Publicity Release. Subject to applicable law, winners irrevocably grant the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by any and all means and media (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
13. 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, 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 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: (a) 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 (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
14. 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 laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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; (B) 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), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) 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.
15. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
16. No Obligation to Use. Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
17. Dates & Deadlines/Anticipated Number of Contestants. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
18. Further Documentation. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the same upon Sponsor’s request therefor.
19. List of Contest Winners. To receive any legally required list of the winners, send a stamped, self-addressed envelope to: Borla Performance Industries, Inc., Show Us Your BorlaContest Winners List, Attn: David Borla, 701 Arcturus Ave, Oxnard, CA 93033, within sixty (60) days of expiration of the Entry Period.
20. Identification of Sponsor. This Contest is sponsored by: Borla Performance Industries, Inc., 701 Arcturus Ave, Oxnard, CA 93033. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
21. Information Submitted. As a condition of entering the Contest, entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winner’s list.