CheckPoints Holiday Gift Basket Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE INDEMNITIES TO THE PROMOTION ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

THESE OFFICIAL RULES REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES.

PRIZE DOES NOT INCLUDE TRANSPORTATION OR ACCOMMODATIONS, WHICH ARE THE WINNER’S SOLE RESPONSIBILITY. WINNER MAY BE REQUIRED TO EXECUTE AND RETURN PRIZE ACCEPTANCE DOCUMENTS WITHIN TWENTY-FOUR (24) HOURS, AS MORE FULLY DETAILED BELOW.

1. Who May Participate – The CheckPoints Holiday Gift Basket Sweepstakes Official Rules (“Sweepstakes”) is only open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least the age of majority in his or her state or jurisdiction of primary residence as of the start date of the Sweepstakes Period (defined below). Employees, directors, officers, members, managers, agents and contractors of CheckPoints LLC (“Sponsor” or “CheckPoints”) or the advertising and promotion agencies or Prize providers involved in the Sweepstakes, and each of their parents, affiliates, subsidiaries and divisions (collectively, with Sponsor, the “Promotion Entities”) and their immediate family members and those living in the same household (whether legally related or not) of each are not eligible to participate. For purposes of the Sweepstakes, “immediate family members” are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. The Sweepstakes is void in all U.S. territories, possessions, and overseas military installations and VOID WHERE PROHIBITED BY LAW.

2. How to Participate – The Sweepstakes (“Sweepstakes”) begins at 12:00:00 a.m. Central Time (“CT”) on December 1 , 2011, and ends at 5:00:00 p.m. CT on December 20, 2011 (the “Sweepstakes Period There are two (2) ways to participate in the Sweepstakes:

A) Participate through the CheckPoints App: Eligible individuals who are registered users of the rewards program and application for use on mobile devices or otherwise (“CheckPoints App”) provided by Sponsor may follow the on-screen links and instructions in the CheckPoints App during the Sweepstakes Period for one (1) entry into the Sweepstakes. All required actions for an entry must be completed according to the Official Rules and instructions within the CheckPoints App during the Sweepstakes Period. For purposes of this Sweepstakes, an entry through the CheckPoints App is completed when Sponsor’s servers record all actions required for the entry request. Proof of submitting the request (such as, without limitation, a printed, saved or copied automated receipt, screen or message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Entries may not be transferred, purchased, sold, bartered, auctioned (including through internet auction sites), given away, traded or obtained through any source other than through the means, if any, provided through the CheckPoints App or as described in these Official Rules. Any CheckPoints point or other element for Sweepstakes participation will be void if it fails to pass anti-fraud detection measures, or if it is determined by Sponsor, in its sole discretion, to be unauthorized, illegitimately obtained (i.e., through means other than those stated in the CheckPoints Terms of Use or these Official Rules, for example, without limitation, ineligible product scans, or spamming bonus referral codes) or if it contains an unauthorized script, code, or other data not issued by Sponsor for use in the Sweepstakes, or if it is defective, contains mechanical or electronic errors, is produced in error, or is illegible or unreadable. Participation in the Sweepstakes via the CheckPoints App is subject to participant’s complying with all terms and conditions of Sponsor’s rewards program, including, without limitation, the CheckPoints Terms of Use, which is incorporated herein by reference, and available on www.CheckPoints.com, and being in good standing with the rewards program throughout the Sweepstakes Period and, if applicable, through the time of redemption of the Prize (defined below). No credits or refunds will be issued for any reason after points have been redeemed.

OR

B) Participate by mail for free, without a purchase or using the CheckPoints App: Eligible individuals can obtain one (1) Sweepstakes entry by mailing his or her handwritten first name, last name, CheckPoints account username (if any), address, city, state, and ZIP code, in blue or black ink, to: “CheckPoints Sweepstakes Mail in Entry, P.O. Box 3029, Venice, CA 90291” (“Mail-in Entry”). Each Mail-in Entry must be postmarked during the Sweepstakes Period and received by Sponsor no later than December 20, 2011. No mechanical reproductions of Mail-in Entries permitted. Limit one (1) free Sweepstakes entry per person and per valid Mail-in Entry. Each Mail-in Entry must be mailed separately.

The following applies to all participants: By taking part in the Sweepstakes, each participant unconditionally agrees and accepts to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right to permanently disqualify from the Sweepstakes any person it believes has violated these Official Rules or the CheckPoints Terms of Use. Any participation or Mail-in Entry that is in excess of any stated limit, incomplete, illegible, corrupted, damaged, destroyed, forged, false, postage-due, incorrect, deceptive, lost, late, misdirected, garbled, incompletely received, generated by a macro, bot, or other automated means or otherwise not in compliance with the Official Rules for any reason will not be eligible to win and will be void in Sponsor’s sole discretion, and Sponsor will not be responsible in any way for such issues. Entries made by any other individual or any entity, and/or originating via any other application or web site, including, without limitation, commercial sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for the Sweepstakes. All CheckPoints, qualifying activities, Mail-in Entries, and participation must be obtained and submitted legitimately as explicitly set forth in these Official Rules and are each subject to verification. The identity of each potential winner may be required to be confirmed before the participant is awarded any potential Prize. Sponsor’s liability for any irregular CheckPoints redemption, Mail-In Entry, or other element of participation is limited to replacement of that same type of element to the extent possible and only during the Sweepstakes Period and before the Prize drawing. Such replacement will be the sole and exclusive remedy under such circumstances. Nothing submitted for participation will be returned. No Prize claim will be valid if a person’s participation is associated with any CheckPoints, Mail-In Entry, or other element of participation deemed void for any reason. Sponsor’s database clock will be the official timekeeper for the Sweepstakes. As a condition of entering the Sweepstakes, each participant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the Sweepstakes and complying with applicable laws, regulations and rules.

3. Odds and Winner Selection and Notification – Odds of winning the Prize depend on the number of eligible entries received. On or about December 20, 2011, a random drawing from among all eligible entries will be conducted by Sponsor’s designated agent, whose decisions are final, to determine the winner. Sponsor or its agent will attempt to notify the potential winner that he or she may have won the Prize in this Sweepstakes by mail, e-mail or telephone (at Sponsor’s sole discretion) within approximately one (1) day after the drawing. Winner may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, an affidavit of eligibility and liability/publicity release (unless prohibited by law) and tax forms, both of which may require the winner to provide his or her Social Security Number and/or a copy of his or her government-issued identification, within twenty-four (24) hours of the time when Sponsor send the documents or other the time frame specified by Sponsor in the notification or the Prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. Federal 1099-MISC forms will be issued to winner as appropriate in Sponsor’s sole discretion. If any Prize element, Prize notification or Sweepstakes-related communication is rejected, faulty or returned as undeliverable, or if the potential winner cannot be reached after a reasonable attempt has been made by Sponsor or does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion), that winner or potential winner may be disqualified and an alternate winner may be randomly selected if time permits for use of the Prize. Sponsor reserves the right to modify the notification and verification procedures in connection with the selection of any alternate potential winner, if any.

4. Prize and Approximate Retail Value – One (1) winner, subject to verification, will receive one (1) holiday gift basket (the “Prize”). Total approximate retail value (“ARV”) of the Prize: $150. Actual retail value of the Prize may vary depending on market conditions, changes in value of the ticket, and other reasons. Sponsor is not responsible for and winner will not receive the difference between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Winner is solely responsible for transportation and all other expenses related to making use of the Prize. Failure to complete or use the Prize does not relieve the winner of his/her tax obligations associated with winning the Prize. Winner agrees that he or she must and will comply with Sponsor’s and each Prize provider’s procedures and policies. By entering this Sweepstakes and accepting the Prize, the winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or Prize-related activity. The winner understands and agrees that Sponsor or Prize providers have the right, in their sole discretion, to disqualify and remove the winner from any activity at any time if the winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the Prize providers, and in such a case, the winner will still be solely responsible for all taxes and other expenses related to the Prize. Winner waives the right to assert as a cost of winning the Prize, any and all costs of verification and redemption to claim the Prize and any liability and publicity that might arise from claiming or seeking to claim the Prize.

All Prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Unclaimed Prize may not be awarded in Sponsor’s sole discretion. The Prize, if legitimately claimed, will be awarded. Prize will only be mailed or otherwise provided to the verified winner’s address in one (1) of the fifty (50) United States or the District of Columbia. Promotion Entities will not replace any lost, destroyed, mutilated or stolen Prize element or any Prize element that is undeliverable or does not reach a winner because of an incorrect or changed address or other contact information. If a winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to that Prize or portion of the Prize. No Prize transfers, substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated Prize or portion thereof with another Prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. No more than the stated Prize will be awarded. All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the Prize are the sole responsibility of the winner.

Winner’s and potential winner’s CheckPoints account username or first name and last initial may be publicly announced via the CheckPoints App and elsewhere in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere.

5. LIMITATION OF LIABILITY – AS A CONDITION OF PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS THE PROMOTION ENTITIES AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY WHATSOEVER OR ANY INJURIES, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE PROMOTION ENTITIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.

EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”

6. General Rules – Sponsor reserves the right to void entries of and disqualify any person Sponsor believes may have attempted to tamper with or impair the administration, security, fairness or proper play of the Sweepstakes or abuse any participant or part of the Sweepstakes or is otherwise in violation of these Official Rules. Sponsor reserves the right to restrict or void entries or participation from any device identifier (e.g., IP address) if any suspicious entry and/or participation is detected. If for any reason, the Sweepstakes cannot be administered as planned for reasons which, in the sole opinion of Sponsor, may corrupt or affect the administration, security or integrity of the promotion, Sponsor reserves the right to modify or end the Sweepstakes without notice, which may include, without limitation, not awarding the Prize or awarding the Prize from among eligible entries received before or after a modification or suspension in Sponsor’s sole discretion. Sponsor is not responsible for any inaccurate information, technical failures, unauthorized acts of third parties or other events beyond its control that may occur in connection with this promotion, the processing of orders or entries or the selection or notification of the winner. Sponsor may disqualify any entries that use any robotic, programmed or similar entry method or in violation of these Official Rules. The Released Parties are not responsible for or liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify any potential winner. The Released Parties are not responsible or liable for any of the following, whether caused by a Released Party, the participant, or by any other individual or entity: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements, any CheckPoints, Mail-in Entries, or other materials or elements; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. 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 participant’s e-mail or other account to receive messages. Released Parties are not responsible, and may disqualify a participant at any time, if his or her e-mail address, telephone, or other contact information does not work or is changed without participant giving prior written notice to Sponsor. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Any attempts to make redemptions, earn CheckPoints, obtain entries, or register for accounts in excess of any stated limits using multiple or false contact information or otherwise may be disqualified in Sponsor’s sole discretion. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner or not award the Prize (in its sole discretion), even if the disqualified potential winner’s name may have been shown or announced online or elsewhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If any person supplies false information, obtains CheckPoints or entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the Prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Sponsor reserves the right to audit, or have its agents or assigns audit, any and all entries at its sole discretion. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE, APPLICATION OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply the Prize or any part thereof in the event that any of the Sweepstakes activities or the Promotion Entities’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

7. Publicity Rights – By participating in the Sweepstakes (except where prohibited by law), participants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities (collectively, the “Licensed Parties”), without additional compensation, notice, review, or approval, and each participant releases each of the Licensed Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates the Licensed Parties to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.

8. Governing Law/Disputes –Certain portions of this section are deemed to be a “written agreement to arbitrate” under the Federal Arbitration Act. You and Sponsor agree that this section satisfies the “writing” requirement of the Federal Arbitration Act.
A) Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the Sweepstakes (a “Dispute”), then you and Sponsor agree to send a written notice to the other party providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provided under your account. If no such information exists or if such information is not current, then you and Sponsor have no obligation under this subsection 8.A. Your notice to us must be sent via fax, email, or registered mail to:
Name: CheckPoints LLC, Attention: Legal
Mailing address: P.O. Box 3029, Los Angeles, CA 90291
Fax number: (772) 382-5934
E-mail address: legal@checkpoints.com
For a period of sixty (60) days from the date of receipt of notice from the other party, Sponsor and you will attempt to resolve the Dispute, though nothing will require either you or Sponsor to resolve the Dispute on terms that you and Sponsor, in each of our sole discretion, are not comfortable.

B) Forums for Alternative Dispute Resolution. If you and Sponsor cannot resolve a Dispute as set forth in subsection 8.A. within sixty (60) days of receipt of the notice, then either you or Sponsor may submit the Dispute to formal arbitration in accordance with this subsection 8.B. Upon expiration of the 60-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of less than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Sponsor elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three member panel, with one member selected by each party and the third (who will chair the panel) selected by the two party-appointed members or by the AAA in accordance with the AAA Commercial Arbitration Rules. The arbitrator or arbitration panel, as applicable, will apply applicable law and the provisions of this Agreement, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a demand for arbitration, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and Sponsor consents to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service. You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA: 800.778.7879 (http://www.adr.org)
JAMS: 949.224.1810 (http://www.jamsadr.com)
C) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of these official rules and can award the prevailing party damages and other relief (including attorneys’ fees). HOWEVER, WITH ARBITRATION: (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and Sponsor will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Sponsor to pay a greater portion or all of such fees and costs in order for this subsection to be enforceable, then Sponsor will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

D) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR SPONSOR WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR SPONSOR MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SUBSECTION 8.A.) WITHIN ONE (1) YEAR AFTER THE EVENTS GIVING RISE TO THE DISPUTE – OR IT WILL BE FOREVER BARRED.

E) Injunctive Relief. The foregoing provisions of this section will not apply to any legal action taken by Sponsor to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Sweepstakes.

F) Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying claim of Disputes in small claims court.

G) No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to subsection 8.B. holds that this restriction is unconscionable or unenforceable, then our agreement in subsection 8.B. to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to subsection 8.H.

H) Federal and State Courts in Los Angeles. Except to the extent that arbitration is required in subsection (2), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and Sponsor consent to the exclusive personal jurisdiction and venue of such courts for such matters

I) Disputes Concerning Participant’s Identity. In the event of a dispute concerning who obtained an entry by redeeming CheckPoints, the entry will be declared to have been made by the registered account holder of the e-mail address on file with Sponsor at time of receipt of the entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and the potential Prize won will be forfeited in Sponsor’s sole discretion. A registered 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, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.

9. Official Rules – For a copy of the Official Rules, visit the CheckPoints App or send your request and a legal-sized, self-addressed, stamped envelope prior to the end of the Sweepstakes Period to: “Checkpoints, Attn: CheckPoints Holiday Gift Basket Sweepstakes Official Rules, P.O. Box 3029, Los Angeles, CA 90291.” Only one (1) request per outer envelope, mailed separately, will be fulfilled. Vermont residents with a return address in Vermont may omit return postage with Official Rules requests.

10. Winner List – For the name of the Prize winner, send your request and a legal-sized, self-addressed, stamped envelope to: “Checkpoints, Attn: CheckPoints Holiday Gift Basket Sweepstakes Winner List, P.O. Box 3029, Los Angeles, CA 90291” for receipt within three (3) months after the end of the Sweepstakes Period. Only one (1) request per outer envelope, mailed separately, will be fulfilled.

11. Sponsor – CheckPoints LLC, P.O. Box 3029, Los Angeles, CA 90291.