Super 8 Big 50! Sweepstakes
OFFICIAL RULES
 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.  Void where prohibited by law and outside the United States and Canada (Quebec is excluded from eligibility).  Subject to all federal, state, provincial, territorial, and local laws, regulations, and ordinances.

The Super 8 Big 50! Sweepstakes (the “Sweepstakes”) begins on July 1, 2024 at 11:00:01 a.m. Eastern Daylight Time (“EDT”) and ends on August 5, 2024 at 11:00:00 a.m. EDT. 

BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. 

SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Super 8 Worldwide, Inc., 22 Sylvan Way, Parsippany, NJ 07054 (the “Company” or “Sponsor”) and administered by Questus, 1050 Sansome St. FL 4, San Francisco, CA 94111 (the “Administrator”).

ELIGIBILITY: The Sweepstakes is open and offered only  to legal  U.S. residents who are 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) and to legal Canadian residents, excluding residents of Quebec, who have reached the age of  majority in their jurisdiction of residence  as of the time of entry (each an “Entrant” or collectively, “Entrants”).    Additionally, prize winners, defined below, are required to be a Wyndham Rewards member in order to receive the prize. You may become a Wyndham Rewards member for free by visiting https://www.wyndhamhotels.com/wyndham-rewards/join and following the instructions to register.  

Employees, members, officers, directors and agents of the Company, any other company involved in the presentation, administration or fulfillment of the Sweepstakes, and/or their respective subsidiaries, affiliated companies and divisions (collectively, the “Sweepstakes Entities”), and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.

HOW TO ENTER: The Sweepstakes begins at 11:00:01am EDT on July 1, 2024, and ends at 11:00:00am EDT on August 5, 2024 (“Sweepstakes Period”). There are (5) entry periods:

  • Entry Period 1: Begins 11:00:01am EDT on July 1, 2024, and ends at 11:00:00am EDT on July 8, 2024.
  • Entry Period 2: Begins 11:00:01am EDT on July 8, 2024, and ends at 11:00:00am EDT on July 15, 2024.
  • Entry Period 3: Begins 11:00:01am EDT on July 15, 2024, and ends at 11:00:00am EDT on July 22, 2024.
  • Entry Period 4: Begins 11:00:01am EDT on July 22, 2024, and ends at 11:00:00am EDT on July 29, 2024.
  • Entry Period 5: Begins 11:00:01am EDT on July 29, 2024, and ends at 11:00:00am EDT on August 5, 2024.

Entry does not require a payment or a purchase of any kind.  Eligible Entrants must have a Facebook, Instagram, or TikTok account in order to enter the Sweepstakes. If a prospective Entrant is not already a member of Facebook, Instagram, or TikTok, they may visit www.facebook.com, www.instagram.com, and http://www.tiktok.com and follow the links and instructions to become a member.  By submitting your information and creating an account, you agree to the terms of use and privacy policy of Facebook, Instagram or TikTok, as applicable. If you do not agree to such terms of use and privacy policy, you cannot create a Facebook, Instagram or TikTok account or participate in this Sweepstakes. If Entrant is using his or her mobile device to enter, charges, including message and data rates, may apply. Entrants should consult their wireless service provider regarding its pricing plans. All Facebook, Instagram, or TikTok user terms and conditions apply.  Entrant acknowledges that Entrant will not receive any compensation of any kind for their Entry.   Once the eligible Entrant has an active account, they have the opportunity to enter the Sweepstakes by visiting Sponsor’s social media platforms at: Facebook page (https://www.facebook.com/Super8), Instagram page (https://www.instagram.com/super8) or TikTok page (https://www.tiktok.com/@super8bywyndham). 

During each entry period of the Sweepstakes, the Sponsor will simultaneously launch a theme-based post on Facebook, Instagram and TikTok (each a “Platform” or collectively, “Platforms”) asking Entrants to comment and tag two friends in the comments on one of Sponsor’s Platforms (“Sweepstakes Post”).  The theme applicable comment posted by Entrant which uses the hashtag: #Super8Big50Sweepstakes will result in one (1) Sweepstakes entry per Platform per entry period (as solely determined by Sponsor), subject to a limit of one (1) entry per Platform per weekly Sweepstakes Post for a maximum of three (3) entries per entry period across the Platforms.

Automated and/or third-party entries (i.e., AI, script, macro) are prohibited. Multiple Entrants are not permitted to share the same account. Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s and/or Administrator’s discretion. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise   Proof of submitting an entry will not be deemed to be proof of receipt  by Sponsor and/or Administrator In the event of a dispute as to the identity of an Entrant, the authorized account holder used to enter will be deemed to be the Entrant or participant. The “authorized account holder” is the natural person assigned to the account by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive account will be disqualified and ineligible to win.

All information submitted by Entrants will be treated according to Sponsor’s privacy notice, available at https://www.wyndhamhotels.com/super8/about-us/privacy-notice. By participating in the Sweepstakes and providing any applicable contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Notice.

RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SWEEPSTAKES ENTITIES AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING VENDORS, PUBLIC RELATIONS VENDORS, PROMOTIONAL VENDORS, FULFILLMENT VENDORS AND MARKETING VENDORS, WEBSITE PROVIDERS, WEB MASTERS, AND ALL OF THE FOREGOING RESPECTIVE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) 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 PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, PANDEMICS, EPIDEMICS, WIDESPREAD ILLNESS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES (INCLUDING DEATH), DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), PRIZE INFORMATION, QUOTES ATTRIBUTABLE TO WINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF THEIR NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST ONLINE OR ON SOCIAL MEDIA IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY (AVAILABLE AT HTTPS://WWW.WYNDHAMHOTELS.COM/PRIVACY)S, ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE AND WORLDWIDE LICENSE TO USE IN PERPETUITY THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS, ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS THEY MAY HAVE TO THE SUBMISSIONS AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.

EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND ALL PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, or bugs, (b) tampering, or unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  

SELECTION AND NOTIFICATION OF POTENTIAL WINNERS: On or about the day that is one (1) day after the conclusion of each   entry period, Sponsor will select the names of ten (10) potential winners of prizes in a random drawing from among all eligible entries received during such entry period. Odds of winning a prize will depend on the total number of eligible entries received during the applicable entry period. Each drawing will be conducted by the Sponsor and/or Administrator. The potential prize winners will be contacted by the Sponsor and/or Administrator via the respective Platform of the Sweepstakes Entry (Facebook, Instagram or TikTok).  All potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters relating to the Sweepstakes.  An Entrant is not a winner of any prize unless and until Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.

PRIZES: There will be ten (10) prizes awarded for each entry period for a total of Fifty (50) prizes., There is a limit of one (1) prize per person during the entire Sweepstakes Period: 

  • Entry Period 1 Prizes:  Ten (10) prizes will be awarded.  Each prize consists of 15,000 Wyndham Rewards points (Approximate Retail Value (“ARV”) of each Prize:  US $195.00; Total ARV of 10 Entry Period 1 Prizes:   US $1,950.00). 
  • Entry Period 2 Prizes: Ten (10) prizes will be awarded.  Each prize consists of 15,000 Wyndham Rewards points (ARV of each Prize:  US $195.00; Total ARV of 10 Entry Period 2 Prizes:   US $1,950.00).
  • Entry Period 3 Prizes: Ten (10) prizes will be awarded.  Each prize consists of 15,000 Wyndham Rewards points (ARV of each Prize:  US $195.00; Total ARV of 10 Entry Period 3 Prizes:   US $1,950.00).
  • Entry Period 4 Prizes: Ten (10) prizes will be awarded.  Each prize consists of 15,000 Wyndham Rewards points ARV of each Prize:  US $195.00; Total ARV of 10 Entry Period 4 Prizes:   US $1,950.00).
  • Entry Period 5 Prizes: Ten (10) prizes will be awarded.  Each prize consists of 15,000 Wyndham Rewards points (ARV of each Prize:  US $195.00; Total AVR of 10 Entry Period 5 Prizes:   US $1,950.00).

Total ARV of 50 entry period prizes: Nine thousand seven hundred fifty dollars (US $9,750.00) 

Winner of all entry periods must be or become a Wyndham Rewards member in order to receive prize.  The Wyndham Rewards loyalty program is free to join and open to individuals 18 years or older. To join and for terms and conditions of the program, go to http://wyndhamrewards.com.

The Prizes consist only of the items described above. Sponsor in no way partners, sponsors, or endorses any brands of which the prizes are manufactured/produced. All costs associated with the use of the prize(s) that is not expressly described as being included with the prize are the winners’ responsibility. The ARV of the prizes set forth above represents Sponsor’s good faith determination of the approximate retail value thereof and such determination is final and binding and cannot be appealed. If the actual value of a Prize turns out to be less than the stated ARV, the difference will not be awarded in cash or in any other form. THE WINNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Sponsor reserves the right at its sole discretion to substitute a prize (or prize component) with another prize of equal or greater value.

The potential prize winners will be contacted by Sponsor via the respective platform of Entry - Facebook, Instagram or TikTok message. IT IS THE ENTRANT'S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER SOCIAL ACCOUNT PRIVACY SETTINGS SO AS TO RENDER THEIR POSTS VIEWABLE BY SPONSOR, AND ENTRY INTO THIS SWEEPSTAKES WILL BE DEEMED ENTRANT’S CONSENT TO BE CONTACTED BY SPONSOR IN THE MANNER SET FORTH ABOVE.

RESTRICTIONS ON POINTS PRIZES: To learn how you may redeem any Wyndham Rewards points awarded as a part of the prize, visit https://www.wyndhamhotels.com/wyndham-rewards/redeem.    Any prize rewards points that remain unredeemed after expiration will be forfeited. Wyndham Rewards points expire four (4) years following issuance.  In some cases, prize rewards points can be forfeited earlier (i.e., failure to earn, redeem, or transfer points for a period of 18 consecutive months). Wyndham Rewards points prizes are subject to all Wyndham Rewards program terms and conditions available at:  https://www.wyndhamrewards.com/terms.

PRIZE CONDITIONS: Potential winners may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity form within seven (7) days of date of attempted notification. By accepting a prize, the winners agree to release and hold harmless the Released Parties, Facebook, Instagram, and TikTok from and against any claim or cause of action arising out of the awarding, delivery, receipt, use and/or misuse of the prize(s) awarded. Each winner will be responsible for all applicable federal, provincial, state, and local taxes and all fees and expenses related to  acceptance and use of the prize not specifically stated herein.. The winners are solely responsible for all matters relating to prizes after they are awarded. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, if a winner fails to execute and deliver the Affidavit of Eligibility/Release of Liability/Publicity form (if any) within the above-referenced or any other stated deadline, or if a potential winner is not in compliance with these Official Rules, then such potential winner shall be disqualified and an alternate winner may be selected for the prize at issue.

 DISPUTE RESOLUTION; ARBITRATION; MASS ARBITRATION; PROHIBITION OF CLASS ACTIONS; GOVERNING LAW: This section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act, and you and Sponsor each agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by participating in this Sweepstakes, you and SPONSOR agree that if a dispute arises between you and the SPONSOR, SPONSOR’S PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND/OR AGENTS (SPONSOR, COLLECTIVELY WITH SUCH OTHER ENTITIES AND INDIVIDUALS, THE “SPONSOR PARTIES”) relating in any way to the Sweepstakes or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND SPONSOR HAVE AGAINST EACH OTHER ARE RESOLVED. You and Sponsor agree that any and all disputes or claims that have arisen or may arise between you and Sponsor or any of the other SPONSOR PARTIES in connection with the Sweepstakes, including any products or services offered or sold in connection with the Sweepstakes and your use of and participation in the Sweepstakes, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

PRE-ARBITRATION DISPUTE RESOLUTION: You and Sponsor agree that whenever you or Sponsor have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Sweepstakes that is subject to the arbitration provision herein, you and Sponsor will first send a written notice to the other party (a “Demand”). You and Sponsor agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules. You must send the Demand to the following address (the “Notice Address”): Super 8 Worldwide, Inc., Attn: Legal Department, 22 Sylvan Way, Parsippany, New Jersey, 07054. Sponsor must send the Demand to you via certified mail to the most recent address Sponsor has on file for you (or by email if Sponsor only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis (i.e., between you and the applicable SPONSOR PARTY/IES); (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for Sponsor by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and Sponsor will personally attend (with counsel, if represented). You and Sponsor agree that you and Sponsor will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

ARBITRATION PROCEDURE: If the Dispute stated in the Demand is not resolved to your or Sponsor’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS's rules and a form for initiating arbitration proceedings are available on JAMS's website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Official Rules, including, but not limited to, any claim that all or any part of these Official Rules is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or Sponsor may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. 

CLASS ACTION WAIVER: You and Sponsor agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Sponsor agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect any other person or party. You and Sponsor further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and Sponsor in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules.

Mass Arbitration:

If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against Sponsor, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”) available at https://www.namadr.com/resources/rules-fees-forms/), you and Sponsor agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with Sponsor.  Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.

Stage One: Counsel for the claimants and counsel for Sponsor shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Sponsor will pay the mediator’s fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Sponsor shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and Sponsor will pay the mediator’s fee.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Official Rules. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Official Rules.

You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or Sponsor. If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

GOVERNING LAWExcept as otherwise prescribed herein, and subject to applicable law, these Official Rules shall in all respects be construed, interpreted, and enforced in accordance with the substantive laws of the State of New Jersey, without regard to its conflicts or choice of law principles. Member and Sponsor agree that the Program involves interstate commerce so as to ensure the applicability of the Federal Arbitration Act (“FAA”). In the event of a conflict between New Jersey law and the FAA, the FAA law shall govern.

SEVERABILITY: If any term of provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed, and the remainder of these Official Rules shall continue in full force and effect.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written.  The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof.  No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator.  The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein.  The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant. 

WINNERS LIST REQUEST:  To request the name (first name only), city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, for receipt by August 10, 2024, to: Questus/Super 8 Big 50 Sweepstakes Winners List Request, 1050 Sansome St. FL 4, San Francisco, CA 94111. This Sweepstakes is not in any manner sponsored, endorsed, administered by, or associated with Facebook, Instagram or TikTok.

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