NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
YOUR ENTRY IN THIS PROMOTION MEANS THESE OFFICIAL RULES FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE SPONSOR AND OTHER PARTIES.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY PARTICIPATING IN THIS PROMOTION AND/OR AGREEING TO THESE OFFICIAL RULES, YOU AND SPONSOR ARE AGREEING (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION 11 BELOW. FURTHER, YOU AND SPONSOR WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION 11 BELOW TITLED “DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE.
BY ENTERING THIS ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Complex x Chips Ahoy! Promotion (the “Promotion”) is open only to legal residents of the 50 United States and the District of Colombia who, at the time of entry, are at least eighteen (18) years old or the age of majority in their state of legal residence if the majority age is greater than eighteen (18). Void where prohibited by law. Directors, management, staff, and employees of Sponsor and/or Mondelez Global LLC, or any of their respective parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, or retailers, or any other company or individual involved with the design, production, execution or distribution of the Promotion, and their immediate family (spouse, de facto partner, parents and step parents, grandparents and step grandparents, siblings and step siblings, uncle, aunt, niece, nephew, brother, sister, step brother, step sister, first cousin and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year whether related or not)are not eligible to enter or win. The Promotion is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Prize (defined below) is contingent upon selected Entrant fulfilling all requirements set forth herein.
Sponsor: This Promotion is sponsored solely by Commerce Media Holdings LLC dba COMPLEX NTWRK, with an address at 7060 Hollywood Blvd, 2nd Floor, Los Angeles, CA 90028 ( “Sponsor”). For the avoidance of doubt, Mondelēz Global LLC is not a sponsor.
The Promotion’s entry period starts on November 13th, 2024, at 6:00 AM Pacific Time (“PT”) and ends on November 27th, 2024, at 7:00 PM (“Promotion Entry Period”).
Entries received outside the Promotion Entry Period will be void. Sponsor is the official timekeeper for this Promotion.
All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Entries beyond the permitted number are void. Use of multiple email addresses or any automated system to enter is prohibited and will result in disqualification.
If applicable, as determined by Sponsor in Sponsor’s sole discretion, Sponsor may reject any entry in its sole discretion if the entry in whole or in part: contains any illegal or offensive activity, or is obscene, defamatory, likely to incite violence or illegal activity; includes any material in violation of any third-party’s rights; contains material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or mutilating of animals, discriminatory (based upon race, sex, religion, natural origin, physical disability, sexual orientation or age); is threatening, profane or harassing; portrays Sponsor or any person or entity negatively; violates any third-party rights including but not limited to copyright, trademark, patent, contract, and/or publicity or privacy rights, of any other person or entity; includes directly or indirectly any trademark, logo, or intellectual property in any way unless owned exclusively by Entrant, and/or which is otherwise deemed to be inappropriate or demeaning in Sponsor’s sole discretion. Entry must not attempt to duplicate any other entry or third-party works. Sponsor reserves the right in its sole discretion to disqualify any entry that is a duplicate or substantially similar to another entry and Sponsor may, in its sole discretion, disqualify any entry that violates these parameters and/or any other part of these Official Rules.
On or about November 28th, 2024, at 11:00 AM PT/2:00 PM ET (the “Drawing Date”) Sponsor will select Thirty (30) potential Prize winners in a random drawing from among all valid entries received during the Promotion Entry Period (“Potential Prize Winners”). Sponsor will contact the Potential Prize Winners by email using the email address the Potential Prize Winners used to enter the Promotion.
Failure by a Potential Prize Winner to respond to the initial verification within 24 hours of notification may result in disqualification, and Sponsor may, at its discretion, select an alternate Potential Prize Winner from among all remaining valid entries. Odds of winning a Prize depends on the number of eligible entries received during the Promotion Entry Period.
Thirty (30) winners will each receive a Prize. Each prize (“Prize”) shall be comprised of:
THE PRIZES ARE OFFERED AND PROVIDED "AS IS" WITH NO WARRANTY OR GUARANTEE BY SPONSOR OR MONDELĒZ GLOBAL LLC OTHER THAN WHAT IS EXPRESSLY INCLUDED WTH THE PRIZE.
All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the verified Prize winners (“Verified Prize Winners”). Prizes are nontransferable and may not be substituted or redeemed for cash by Verified Prize Winners. Sponsor reserves the right to substitute a Prize, in whole or in part, for one of equal or greater value if the advertised prize or any portion thereof becomes unavailable. Verified Prize Winners will be solely responsible for all applicable federal, state and local taxes on the Prizes.
Sponsor is not responsible for any change of email address and/or mailing address of Entrants, nor is Sponsor responsible for any lost or damaged mail.
No more than Thirty (30) Prizes will be awarded in the Promotion. If for any reason more than Thirty (30) prize notifications are issued, the Potential Prize Winner’s sole remedy will be a random drawing from among all recipients of such notifications.
EACH POTENTIAL PRIZE WINNER’S ELIGIBILITY IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. Any Potential Prize Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor may run a background check on any Potential Prize Winner. Each Potential Prize Winner may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsor may, but is not obligated to, exercise its rights under such Affidavit. In the event: (a) a Potential Prize Winner cannot be reached for whatever reason after 24 hours or the Potential Prize Winner’s notification or Affidavit is returned as undeliverable; (b) a Potential Prize Winner declines or cannot accept, receive or use his/her Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) a Potential Prize Winner is found to be ineligible to enter the Promotion or receive a Prize; (e) a Potential Prize Winner cannot or does not comply with the Official Rules; or (f) a Potential Prize Winner fails to fulfill the Affidavit-related obligations (if applicable), that Potential Prize Winner shall be disqualified from the Promotion and an alternate Potential Prize Winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received.
By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Promotion; (b) release and hold harmless Sponsor, Mondelēz Global LLC, and their respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of a Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Promotion and/or Entrant’s acceptance, use or misuse of any Prize.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Promotion; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process; (d) technical or human error, which may occur in the administration of the Promotion or the processing of entries; (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any Prize; or (f) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the Sponsor, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, by reason of unauthorized human intervention, spam filters, privacy settings, inactive email accounts or an entrant’s failure to monitor its email account. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Promotion. If, for any reason, the Promotion cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Promotion and, if terminated before the original end date, to select the Potential Prize Winners from among all eligible, non-suspect entries received as of the date/time of termination.
Except where prohibited, Verified Prize Winners agree that acceptance of a Prize constitutes their consent to Sponsor’s and its agents’ use of each such winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, payment or consideration but that no party is required to make such use.
Entrant’s entry shall comply with Sponsor’s and/or any third-party platform provider’s terms of service/use and privacy policies, and shall not: (a) contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilation, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; (b) contain content which would be derogatory and/or insulting of any others, including Sponsor and/or other persons or entities, products or services; (c) contain content which refers to and/or is complimentary of any competitors of Sponsor or which is complimentary of and/or refers to any product competitive with any product or service of Sponsor; (d) include personally identifiable information or any other information or indicia of any person other than Entrant and should the Entrant include personally identifiable information about him/herself in his/her entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof; and (e) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement. Sponsor reserves the right to cancel, suspend and/or modify the Promotion or any part thereof, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Promotion will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Prize Winners may be required to show proof of being the authorized account holder to be awarded a Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or cancelled.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN UNITED STATES DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FOR CALIFORNIA ENTRANTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Please read this section carefully. It affects your legal rights.
This section (the “Arbitration Agreement”) provides for the resolution of most claims, disputes, or controversies that arise between you and Sponsor. This section also includes a jury trial waiver, governing law and venue provisions, and waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.
In the event we are unable to resolve any dispute through an informal process as outlined below, you and Sponsor agree that, except as provided below, any dispute, claim, or controversy arising out of or relating in any way to the Promotion or these Official Rules (a “Dispute”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction, and any such Disputes will be resolved on an individual basis rather than as a class action.
The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Sponsor, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and Sponsor that arise from or in any way relate to or concern the Promotion, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.
The rules and procedures governing resolution of any Disputes are as follows:
Informal Resolution Process
You and Sponsor agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or Sponsor wants to bring or resolve a Dispute, you or Sponsor must follow the below mandatory informal dispute resolution process as a precondition to the ability to file an arbitration demand or lawsuit:
Notice
You and Sponsor agree that before either you or Sponsor commence arbitration or file a claim in small claims court against the other, you or Sponsor must first send to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the nature and basis of the Dispute; and set forth the specific relief sought, including damages, if any. The Notice also must contain your email address and (if different) the email address associated with your Sponsor account (if you have an account with Sponsor).
You and Sponsor must include in any Notice to each other a personally signed statement (not by counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Sponsor to disclose your Sponsor account details (if any) to your attorney while seeking to resolve your claim. You and Sponsor must each individualize any such Notice, meaning it can concern only the Dispute involving you and no other person’s Dispute.
You must send any Notice to Sponsor by email to legal@complex.com or by mail to: 7060 Hollywood Blvd., 2nd Floor, Los Angeles CA 90028. If Sponsor sends a Notice, it will send it to the email address used for your Sponsor account (if you have an account with Sponsor) and you consent to receive any such Notice as part of these dispute resolution terms. If you do not have a Sponsor account, Sponsor may send the Notice by mail to any address where you reside or have the Notice personally delivered to you. In the case of a Dispute initiated by you or Sponsor, it is the sender’s responsibility to prove that the sender provided the Notice in the manner that is required in this paragraph.
Good Faith Effort to Informally Resolve Dispute
After receipt of a valid Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Sponsor agree that, after receipt of the valid Notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Dispute covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to also fully participate in the conference. Likewise, if Sponsor is represented by counsel, its counsel may participate in the conference as well, but Sponsor agrees to have a representative also fully participate in the conference. You and Sponsor agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution.
If you and Sponsor do not reach an agreement to resolve the issues identified in the Notice within 60 days after a valid Notice is received (or a longer time if agreed to by the parties), you or Sponsor may commence a proceeding as provided in the remainder of this Section 11.
The statute of limitations and any filing deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Binding Arbitration
If you and Sponsor do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the procedures in this Section 11, you and Sponsor, including its affiliates, agents, employees, predecessors in interest, successors, and assigns, agree that any Dispute between you and Sponsor, regarding any aspect of your relationship with Sponsor, will be resolved in a binding, confidential, individual, and fair arbitration process, and not in court, subject to any exceptions provided herein. You agree that you may not commence any arbitration unless you and Sponsor are unable to resolve the Dispute within 60 days after we receive your completed Notice and you have made a good faith effort to resolve your Dispute directly with Sponsor during that time.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, typically allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Section shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Official Rules, the U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this provision, and that you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement shall survive termination of this Arbitration Agreement and the termination of this Promotion.
Governing Body
The parties agree that any and all Disputes, including the performance, breach, termination, interpretation, existence, or validity thereof and the scope, applicability, or enforceability of this Arbitration Agreement, including but not limited to the arbitrability of any and all Disputes, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA"). The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except with respect to the Class Action Waiver provisions described below.
You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Arbitration Agreement.
If AAA is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with this Arbitration Agreement, then the parties agree that JAMS or any other mutually agreeable arbitration administration service may administer the arbitration. If any administration service other than AAA administers the arbitration, this Arbitration Agreement shall apply except to the extent the administrator finds such provision(s) fundamentally inconsistent with the administration’s applicable rules, in which case the administration’s rules shall apply.
Applicable Rules
The arbitration will be governed by the Consumer Arbitration Rules of the AAA, including their Mass Arbitration Supplementary Rules and Mass Arbitration and Mediation Fee Schedule, as applicable (the "AAA Rules"), as modified by this Arbitration Agreement, and the arbitrator will be bound by the AAA Rules and the terms of this Arbitration Agreement. The AAA Rules are available online at .
Mass Arbitration
If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if Sponsor asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and Sponsor agree that these claims will be related (“Related Cases”), shall be considered a “Mass Arbitration”, and that the AAA Mass Arbitration Supplementary Rules shall apply. If the parties disagree as to whether a series of filings fits within the definition of Mass Arbitration, AAA shall resolve such disagreement.
Form of Arbitration
Subject to the AAA Rules, if the Dispute concerns claims that, in the aggregate, are for US$25,000 or less, the arbitration will be conducted by the submission of documents, but the parties shall have the right to request a hearing. If you or Sponsor request a hearing or the arbitrator decides a hearing is necessary, unless Sponsor and you agree otherwise, any such arbitration hearing will be held remotely via Zoom or other similar video-conference platform so that you may participate from the county (or parish) of your residence, or any other place of your choosing. If the arbitrator decides that an in-person hearing is necessary, the arbitration shall take place in the city or state where you reside, unless you and Sponsor agree otherwise, in which case the arbitration shall take place at another mutually agreed upon location. If the Dispute concerns claims that, in the aggregate, exceed US$25,000, the right to a hearing will be determined by the AAA Rules, but any such hearing will be conducted consistent with this section concerning the form and location of such arbitration.
The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York or the state of your residence and will be selected by the parties from the AAA's National Roster of Arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator.
You and Sponsor agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and a Sponsor representative shall appear at the administrative conference via telephone or video conference. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but if your claim is for less than US$25,000, Sponsor will reimburse you for this filing fee at the conclusion of the arbitration, unless the arbitrator finds that either the substance of the Dispute or the relief sought was filed for purposes of harassment or is patently frivolous, then the payment of all fees will be governed by the AAA Rules and Sponsor will not reimburse your initial filing fee; if your claim is for greater than US$25,000, you will be responsible for filing fees.
Sponsor agrees to pay all expenses and fees of the arbitrator, including required travel and other expenses, and any AAA expenses, as well as the costs relating to proof and witnesses produced at the direction of the arbitrator (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).
The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Sponsor, and you and Sponsor waive any objection to such fee modification. The AAA has the discretion to relocate administration and arbitrator fees and expenses if required by applicable law or upon determination by the arbitrator that a claim was filed for purposes of harassment or is patently frivolous.
Except as otherwise expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
Discovery
Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Decision and Award
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us. If the arbitrator issues you an award that is greater than the value of Sponsor’s last written settlement offer made before an arbitrator was selected (or if Sponsor did not make a settlement offer before an arbitrator was selected), then Sponsor will pay you the amount of the award or US $5,000, whichever is greater.
Under no circumstances will you be permitted to obtain an award for, and you hereby waive all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., amounts paid to Sponsor) and you further waive all right to have damages multiplied or increased.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party except as may be determined by the AAA in a Mass Arbitration. Sponsor will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your claim or the relief sought was filed for purposes of harassment or is patently frivolous.
Judgment on any award may be entered in any court having jurisdiction. This Arbitration Agreement shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a demand for arbitration is filed in violation of this Arbitration Agreement.
The arbitrator shall determine all issues of liability on the merits of any Dispute asserted by you or Sponsor and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Sponsor prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Disputes in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.
Intellectual Property Rights
You and Sponsor agree that either party may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Survival of Arbitration Agreement
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Availability of Small Claims Court
Notwithstanding the binding arbitration requirement set forth in this Section, either you or Sponsor can seek to have a Dispute resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Sponsor may seek to have a Dispute resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the New York County, New York. Any such Dispute filed in small claims court shall remain in such court and may advance only on an individual, non-class, non-representative basis.
If a Dispute qualifies for small claims court, but a party commences an arbitration proceeding, you and Sponsor agree that either party may elect instead to have the Dispute resolved in small claims court, and upon written notice of a party's election, the AAA will administratively close the arbitration proceeding. Any dispute about whether a Dispute qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Dispute should proceed in arbitration.
Class Action Waiver
You and Sponsor agree that any Dispute, whether brought in arbitration or small claims court as permitted by these terms, may be conducted ON AN INDIVIDUAL BASIS ONLY, NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; as there shall be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action, by the terms of this Arbitration Agreement you are hereby waiving any and all such rights to the fullest extent permitted by applicable law ("Class Action Waiver").
Further, if you have elected arbitration, other than as provided in this Section concerning the application of Mass Arbitration Rules, the arbitration proceeding will not be consolidated with any other claims or matters or joined with any other cases or parties and the arbitrator may not preside over any form of a representative or class proceeding, unless both you and Sponsor agree otherwise. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity and the arbitrator shall have no power to award class-wide relief. Regardless of anything else in this Arbitration Agreement and/or the applicable AAA rules, if Sponsor believes that any Dispute you have filed in arbitration or in small claims court is inconsistent with the limitations in this paragraph, then you agree that Sponsor may seek an order from a court determining whether your Dispute is within the scope of the Class Action Waiver. The interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with Sponsor.
The Class Action Waiver herein shall not preclude the parties from agreeing to any form of settlement or settlement structure.
Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND SPONSOR HEREBY WAIVE ANY CONSTITUTIONAL AND/OR STATUTORY RIGHT TO HAVE A TRIAL IN FRONT OF A JURY.
You and Sponsor are instead mutually electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. If for any reason a Dispute proceeds in court rather than in arbitration, you and Sponsor each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
Choice of Law
This Arbitration Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. The federal or state laws that apply to this Arbitration Agreement will also apply during any arbitration and for any Dispute resolved in small claims court.
For any matters which are not subject to arbitration as set forth in this Arbitration Agreement, you and Sponsor irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York .
Time to File Dispute
You and Sponsor agree that any Dispute, regardless of form, must be filed within ONE (1) YEAR of the action, omission, event, or occurrence giving rise to the Dispute. After the expiration of the one-year period, such Dispute will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.
In the event any provision of these Official Rules is determined to be void or unenforceable, such determination shall not affect the remainder of these terms, which shall continue to be in force.
Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which is available at . If you are selected as a Potential Prize Winner or Verified Prize Winner, your name, city and state may also be included in a publicly available Winners List.
For the Promotion results, send a hand-printed, self-addressed, stamped envelope to: “Winners List” c/o Complex x Chips Ahoy! Promotion, 7060 Hollywood Blvd., 2nd Floor, Los Angeles, CA 90028. Requests for the Winners List must be received within 60 calendar days after the end of the Promotion Entry Period, and must identify the Promotion for which a Winners List is requested.
Questions? Please email
All questions, comments or complaints must be directed to the Sponsor only, and NOT to Mondelēz Global LLC.