Re: ++ modded
13. GOVERNING LAW/JURISDICTION: all issues and questions concerning the construction, validity,
interpretation and enforceability of these official rules or the rights and obligations of entrants or
sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the
internal laws of the state of Minnesota without giving effect to any choice of law of conflict of law rules
or provisions that would cause the application of any other state’s laws.
14. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Promotion shall be
settled by binding arbitration at a location within the greater Minneapolis/St. Paul, Minnesota
metropolitan area selected by the arbitrator (provided that such location is reasonably convenient for
claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with
the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and
Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator
shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Minnesota law
consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims
of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of
arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the
claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to
prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to
be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or
representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then
the balance of this arbitration provision shall remain in effect and shall be construed in accordance with
its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If,
however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated
on a class or representative basis, then the entirety of this arbitration provision shall be null and void,
and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for
arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be
completed within sixty days after the demand for arbitration is made, unless further extended by mutual
agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN
THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE
CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY
ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
15. CLASS ACTION: No class action suits. By participating in sponsor’s sweepstakes, each entrant and
prize winner (and his/her parent/legal guardian, if an eligible minor) agrees that to the extent permitted
by applicable law: (1) any and all disputes, claims and causes of action arising out of or connected with
the sweepstakes, or any prize awarded, will be resolved individually without resort to any form of class
action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket
costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable; (3) UNDER NO
CIRCUMSTANCES WILL ANY ENTRANT OR PRIZE WINNER 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED
OR OTHERWISE INCREASED; AND (4) ENTRANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A
CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK
INJUNCTIVE OR EQUITABLE RELIEF; (5) this Promotion is governed by the laws of the state of Minnesota
without regard to its conflicts of law principles and any and all disputes, claims and causes of action
arising out of or connected with this Promotion, and except for the arbitration noted above all disputes
shall be litigated exclusively before a court of competent jurisdiction located within the state of New
Jersey; if any provision or provisions of these official rules shall be held to be invalid, illegal,
unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby; and (6) entrants shall be bound by these
official rules.
16. INDEMIFICATION CLAUSE: Entrants (and, if eligible minors, their parents or legal guardians) agree (a)
that Sponsor and Promotion Parties are released, will have no liability whatsoever for, and shall be held
harmless by entrants against any liability for any injuries, losses or damages of any kind to person(s),
including death, or property resulting in whole or in part, directly or indirectly, from acceptance,
possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related
activities, including any travel related thereto and (b) except where legally prohibited, winners (and, if
eligible minors, their parents or legal guardians) grant (and agree to confirm that grant in writing)
permission to Sponsor and those acting under their respective authority the right to the use of his/her
name, picture, likeness, persona, voice, image, biographical information and statements, at any time or
times, for advertising, trade, publicity and promotional purposes without additional compensation, in all
media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World
Wide Web, without notice, review or approval, unless prohibited by law.
17. PORNOGRAPHY CLAUSE: Entries must be dignified, modest and in good taste, must not be obscene
or indecent, including but not limited to containing pornography or profanity, nor contain any offensive
or defamatory statements including but not limited to words or symbols that might be considered
offensive to individuals of any race, ethnicity, religion, sexual orientation or socioeconomic group, nor
include threats to any person, place, business, or group, nor invade privacy or other rights of any person,
firm or entity, including, without limitation, any third party trademarks or copyrights, nor portray
Sponsor or Sponsor’s brands or products in any way that might tend to subject any of them to public
contempt, scandal, disrepute or ridicule. Sponsor reserves the right to make determinations of
suitability in its sole and absolute discretion, and to disqualify any entries it determines to be
inappropriate for any of the reasons listed above, or for any other reason.
Entries must be original; may not have won previous awards; may not have been previously published;
may not be obscene or indecent; cannot be sexually explicit or suggestive, profane or pornographic,
violent or derogatory of any ethnic, racial, gender, religious, professional or age group; cannot promote
alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that
may appear unsafe or dangerous, or any political agenda or message; cannot be offensive, endorse any
form of hate or hate group; cannot defame, misrepresent or contain disparaging remarks about Sponsor
or its products or services, or other people, products or companies; cannot communicate messages or
images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; may
not invade the privacy or other rights of any person, firm or entity; may not in any other way violate any
applicable federal, state or local laws or regulations; may not contain any third party trademarks, names
or third party logos or any copyrighted components; and cannot contain any personal identification,
such as license plate numbers, personal names, email addresses or street addresses (other than as
required in the registration).
18. This Contest/Sweepstakes is in no way sponsored, endorsed or administered by, or associated with,
Facebook, Pinterest, Twitter or Instagram. By entering the Contest/Sweepstakes, participants fully
release Facebook, Pinterest, Twitter or Instagram from any liability. You understand that you are
providing your information to Sponsor and not to Facebook. The information you provide will only be
used in connection with this Contest/Sweepstakes and by Sponsor for contact purposes generally. As
such, please direct any questions, comments or complaints regarding the promotion to the Promotion
Administrator.
19.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally-required
winners list, send a self-addressed stamped envelope to: Dreamfields #HealthyPastaMonth2018, 332
South Michigan Ave., 9th floor, Chicago, IL 60604. All such requests must be received by 12/1/2018.