CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: DISPUTE RESOLUTION, MANDATORY ARBITRATION, AND CHOICE OF LAW/JURISDICTION: This Promotion is offered only in the 50 United States, The District of Columbia and Canada (excluding Quebec). All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. The Promotion Entities’ failure to enforce any terms of these Official Rules shall not constitute a waiver of that or any other provision. By entering, entrant agrees that whenever you have a disagreement with the Promotion Entities (individually or collectively) arising out of, connected to, or in any way related to the Promotion, the Official Rules, or the Privacy Policies, you will send a written notice to the Sponsor (“Demand”). Entrant agrees that the requirements of this Dispute Resolution Section, defined as paragraph 8 of these Official Rules (“Dispute Resolution Section”), will apply even to disagreements that may have arisen before entrant accepted these Official Rules or the Privacy Policies. Entrant must send the Demand to the following address (the “Notice Address”): Hennessey Performance, 9281 SW I-10 Frontage Road, Sealy, TX 77474, Attention; Legal Department with a copy to Administrator at Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, NY 11791-3416. Entrant agrees that entrant will not take any legal action, including filing a lawsuit or demanding arbitration, until 10 business days after entrant sends a Demand. This informal dispute resolution is in addition to, and does not waive, excuse, or supersede any pre-suit resolution process required by state or federal law before filing suit.
If the disagreement stated in the Demand is not resolved to entrant’s satisfaction within 10 business days after it is received, and entrant intends on taking legal action, entrant agrees that it will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). The Promotion Entities also agree that we will submit any and all disputes with entrant to arbitration before the Arbitrator. This arbitration provision limits the ability of entrant and the Promotional Entities to litigate claims in court and entrant and Promotional Entities each agree to waive their respective rights to a jury trial.For any such filing of a demand for arbitration, entrant must provide proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, entrant may file its case with any national arbitration company. The Arbitrator shall apply the AAA Consumer Arbitration Rules effective September 1, 2014, available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf (and as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution Section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any and all disputes arising out of or relating to the Promotion or any disputes with the Promotion Entities including, but not limited to, disputes as to the interpretation or application of this Dispute Resolution Section or the validity of the arbitration agreement herein. The Arbitrator has authority to issue any and all remedies authorized by law, except that any requests for the remedy of public injunctive relief shall be brought in a court of competent jurisdiction. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate. The place of arbitration shall be Sealy, Texas.Entrant agrees that it will not file a class action or collective action against the Promotion Entities, and that entrant will not participate in a class action or collective action against them. Entrant agrees that it will not join its claims to those of any other person.
Notwithstanding any other provision in the Official Rules, or the Privacy Policies, if this class action waiver is adjudicated to be invalid by a court of competent jurisdiction, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in court. Entrants irrevocably consent to the sole and exclusive jurisdiction of the state or federal courts of the State of Texas located in the county of Sealy, Texas for any action, suit or proceeding arising out of or relating to this Promotion. Under no circumstances does entrant or the Promotion Entities agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
The provisions of this Dispute Resolution Section shall survive conclusion, modification or termination of the Promotion and suspension, revocation, closure, modification, or amendments to the Official Rules, and any aspect of the relationship of entrant or the Promotion Entities relating to or arising from participation in the Promotion.