OPEN UP RESOURCES HIVE 2024 SCHOLARSHIP Giveaway

Official RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

ENTRY IN THIS GIVEAWAY CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. THIS GIVEAWAY IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Giveaway Name: Open Up Resources HIVE 2024 Scholarship Giveaway (the “Giveaway”)

This Giveaway is sponsored solely by Open Up Resources, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor. For a copy of these Official Rules, please send your request by mail to Open Up Resources, 101 Jefferson Drive, 1st Floor, Menlo Park, CA 94025, ATTN: HIVE 2024 Scholarship Giveaway.

1. ELIGIBILITY. The Giveaway is open only to individuals who (i) are eighteen (18) years of age or older at the time of entry and (ii) are legal residents of the 50 states of the United States or the District of Columbia. If you are not a legal resident of one of the 50 United States or D.C., you are not the required age, and you are not the direct and intended recipient of the giveaway announcement as of time of entry, you are not eligible to enter the Giveaway or win a prize. Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Giveaway Entities”); and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in each Giveaway or win a prize. Void where prohibited by law.

2. AGREEMENT TO OFFICIAL RULES. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Giveaway; (c) you are not participating on behalf of any employer or third party; and (d) in the event that you do not comply with these Official Rules, that you will be disqualified and your prize (if any) will be forfeited.

3. GIVEAWAY PERIOD. The Giveaway period begins on May 17, 2024 at 9:00 am Eastern Standard Time (“EST”)”] and ends on June 12, 2024 at 8:00pm EST (“Giveaway Period“).

4. HOW TO ENTER.

• Giveaway Submission: At the beginning of the Giveaway Period, Sponsor will announce the Giveaway and corresponding webinars via an email, website events and blog posts, social media post, or such other method as may be determined from time to time by Sponsor (“Giveaway Announcement”). A Giveaway Announcement will be delivered in the method determined by Sponsor to select intended recipients and will include the applicable methods of entry, entry deadline, drawing date, prize(s)/value(s) and a link to these Official Rules. All information contained in a Giveaway Announcement is incorporated herein by reference.
  
  To enter the Giveaway during the Giveaway Period, you must register for and attend one of two Virtual Events hosted by Open Up Resources (“Webinar”) by doing all of the following:
  • (1) Visit the Webinar registration page and provide the required entry information; and
  • Join and attend the Webinar under the same name and email address used for registration.
    
    One entry per person, per email address. Sponsor will announce the date and time of the Webinar in the Giveaway Announcement. Sponsor reserves the right to reschedule the Webinar at its sole discretion.
    
• Alternate Method of Entry (AMOE) – MAIL: To enter the Giveaway without registering for and attending the Webinar per the Giveaway Submission above, you may receive one entry by (1) emailing us at support@openup.org with your full name, street address, city, state, zip code, home telephone number, e-mail address during the Giveaway Period; or (2) hand printing your full name, street address, city, state, zip code, home telephone number, and e-mail address on a 3-1/2” X 5” index card and mailing it, first-class U.S. postage prepaid, inside a standard #10 size business envelope with a handwritten address to: Open Up Resources, ATTN: HIVE 2024 Scholarship Giveaway, 101 Jefferson Drive, 1st Floor, Menlo Park, CA 94025. All mail-in entries must be postmarked before the end the Giveaway Period and received by close of business two days after the end of that Giveaway Period to be considered valid.
  
  No mechanical reproductions or facsimiles will be accepted. Any alterations or forged entries will void the entry. Any entries not received in envelopes will be disqualified. Any professionally or mechanically printed entry forms other than those handwritten on a plain 3-1/2” X 5” postcard will be disqualified. Illegible, incomplete, mechanically reproduced, multiple or automated entries, and entries by ineligible individuals will be disqualified. Lost, late, misdirected, mutilated or postage-due entries will not be considered.

Regardless of which method of entry is used, individually or in combination, the total number of entries for each entrant may not exceed one (1) Entry during the Giveaway Period. Incomplete and/or invalid or duplicate entries will be disqualified.

The Released Parties (as defined below) are not responsible for late, undeliverable, misdirected, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account, as applicable, enter a Giveaway and a dispute arises regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Giveaway. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the stated limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.

5. WINNER SELECTION. Sponsor will randomly select potential Giveaway winner(s) from among all eligible entries collectively received during the Giveaway Period. Odds of winning a prize depend on the number of eligible entries received. Each entrant has the chance to win one (1) prize. If an entrant is selected as a winner for a prize, he or she is ineligible for the remaining prizes. Potential Giveaway winner is subject to verification, including verification of eligibility. The potential winners will be notified by email within five (5) business days after the end of a Giveaway Period. If an entrant is unable to verify his/her information, or the potential winner cannot be contacted within five (5) calendar days after the first attempt to contact the potential winner, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor is not responsible for any change of email address or social media account. The Giveaway Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner. Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Giveaway events.

As a condition of participating in the Giveaway, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants may be requires to sign an official waiver form provided by the Sponsor and agree to the terms in the form, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty-four (24) hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated in these Official Rules or at the time of notification. The potential prize winner’s failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.

6. PRIZE(S). Five (5) prizes will be awarded to five (5) individual winners (1 prize per winner). Each prize consists of a scholarship to the Open Up Resources HIVE 2024 Conference, including: One (1) HIVE 2024 Registration, 3-night stay (July 14- 16) in a King Bed or One Queen/One Double Bed room at Hyatt Regency Denver, round-trip domestic coach airfare for one (1) person to the Sponsor designated airport servicing the Denver, CO area in July 2024, up to $500; and one (1) $200 travel stipend presented in the form of a gift card from a gift card provider designated by the Sponsor. Approximate retail value (“ARV”) of each prize award: $2,029 USD. Total ARV of all prizes: $10,145.

Any expenses or costs not expressly stated in the description of the prize above, including, but not limited to, ground transportation, parking fees, meals, incidentals, gratuities, passenger tariffs or duties, surcharges, airport fees, service or facility charges, airline seat assignment or baggage check fees, personal charges at lodging, security fees, taxes, or other expenses, are the sole responsibility of winner. Actual value of prize will depend on fluctuations in airfare or hotel accommodations. In event actual value of prize is lower than stated ARV, winner shall not receive the difference or any other form of compensation or prize award. Exact travel, transportation, and accommodation details, dates, times, and terms to be determined at the sole discretion of Sponsor. All travel, transportation, and accommodation arrangements are subject to availability. Travel must be round-trip. Travel restrictions, conditions, and limitations may apply. All travel must be completed by July 21, 2024 unless extended at the Sponsor’s sole discretion, or prize will be forfeited. Winner must execute an Affidavit of Eligibility and Media Release form provided by Sponsor or its appointed agent prior to issuance of tickets.

Once travel is booked, any penalties incurred as a result of changes to flights or accommodations for any reason are the sole responsibility of winner. In the event the winner cancels their trip or does not travel for any reason, Sponsor shall not award any compensation or alternative prize and shall have no liability for any related cancellation fees or additional costs incurred for re-booking the itinerary. All travel, transportation, and accommodation arrangements are subject to the terms and conditions set forth in these Official Rules and any applicable restrictions, regulations, and policies of the travel providers (including airline, ground transportation, and hotel) including COVID-19 vaccination and/or testing policy, and policies of departure and destination locations (including national, state, or local entry, vaccination, testing, or quarantine policies, or prohibitions on entry). Sponsor is not responsible should any part of prize award not be usable in part or in whole due to the foregoing. Prize must be taken in accordance with government guidelines and COVID-19 rules and restrictions in both the departure and arrival location. Any required arrangements and additional costs for any COVID-19 testing, vaccination or quarantine accommodations that may be required is sole responsibility of the winner. Winner is solely responsible for obtaining any required travel documents, including where applicable a valid passport, visas, vaccinations, COVID-19 or other testing requirements and travel insurance. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, or certificates.

Winner must abide by all travel provider policies and direction, including security and safety requirements. Sponsor reserves the right to revoke full or partial prize from winner who it and/or travel provider personnel deem may, in their sole discretion, be intoxicated, be a safety risk, is disruptive or abusive, have violated any policy or law, and/or may bring Sponsor into disrepute. Sponsor will not be responsible for any travel arrangements that are delayed, rescheduled, postponed or cancelled due to pandemic, any government restrictions, pandemic regulations or requirements, travel provider restrictions or policies, weather, Acts of God, force majeure, acts of terrorism, civil disturbances, work stoppage or any other reason or event that may cause the delay, rescheduling, postponement or cancellation of any travel arrangements. No refund or compensation will be made in the event of the cancellation, delay, rescheduling or postponement of any travel arrangements. Gift card subject to the terms and conditions of the issuing gift card provider policy. No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified in these Official Rules. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Prizing may be fulfilled by a third-party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Official Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified in these Official Rules as being provided are the sole responsibility of winner(s). All prizes provided by Open Up Resources, Inc.

Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

7. TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Giveaway; (ii) undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Service of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS GIVEAWAY.The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Giveaway; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Giveaway; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Giveaway; or (5) technical or human error which may occur in the administration of the Giveaway or the processing of entries.

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Giveaway, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Giveaway and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Giveaway as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Giveaway, by any human error which may occur in the execution of this Giveaway, or any other causes which effect the operation of the Giveaway or the rules of the integrity of the Giveaway have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Giveaway and/or (ii) stop or conclude the Giveaway at any time without prior notice. Material changes to the Official Rules will be posted on Sponsor’s Giveaway’s website page(s), when practical. In the event of termination of the Giveaway by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

8. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

9. USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to communicate with the entrant regarding the Contest and/or a prize, to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy available at https://www.openupresources.org/privacy-policy/.

10. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Giveaway, each entrant agrees to release and waive any and all claims of liability against the Giveaway Entities, and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Giveaway, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Giveaway and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 8 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, 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, volcanic eruption, 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 other cause beyond the Giveaway Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.

Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Giveaway. As a condition of participating in the Giveaway, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Giveaway constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Giveaway Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth in these Official Giveaway Rules.

11. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified in these Official Rules. Upon request, each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. The Sponsor reserves the right to withhold and deduct taxes from the prize, and winner may be required to provide to Sponsor an amount to cover applicable withholding taxes prior to being awarded the prize. Winner must provide a completed IRS Form W-9, including valid identification and a valid taxpayer identification number or social security number before the prize will be awarded. An IRS Form 1099 will be issued to winner, as required by law.

12. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Giveaway. Persons who violate any rule, gain unfair advantage in participating in a Giveaway, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or a Giveaway and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Giveaway to the Sponsor’s “discretion” and/or any exercise of discretion by the Sponsor shall mean in Sponsor’s “sole and unfettered discretion.” The Sponsor further reserves the right to terminate the Giveaway if in its sole judgment, the rules or the integrity of the Giveaway have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Giveaway. In the event the Giveaway is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable, material changes to the Giveaway rules will be available on-line at the Sponsor’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

13. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Giveaway shall be settled by binding arbitration in a location determined by the arbitrator as set forth in these Official Rules (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 California 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 OR INDIVIDUAL GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL GIVEAWAY RULES.

14. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Giveaway’s Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in San Francisco County, California.

15. WINNER LIST. To request the name of the winner for a specific Giveaway, send a self-addressed, stamped envelope to Open Up Resources, 101 Jefferson Drive, 1st Floor, Menlo Park, CA 94025. Please include the name of the Giveaway with your submission. Winner List requests will only be accepted after the Giveaway’s end date (listed above in Section 3 of these Official Rules). You can also send an email to support@openupresources.org.