OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ANY PERSON WHO IS AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Promotional Period: This promotion (the “Promotion”) takes place from 06:00 AM PT on March 17, 2020 through 11:59 PM PT on April 30, 2020 (the “Promotion Period”).
Sponsor: The sponsor of this Promotion is SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Boulevard, #29406, Los Angeles, CA 90069 (“Sponsor”).
Eligibility: This Promotion is open only to those who are at least eighteen (18) years old at the time of entry and who are US residents. Void where prohibited. Employees, shareholders, officers and agents of Sponsor, its advertising agencies, and their immediate family members and persons residing in the same household of such employees are not eligible to enter or win.
How to Enter: Text “QMO” to 833-627-0275 and complete the survey during the Promotion Period stated. Entrants must remain subscribed during the Promotion. (Limit one (1) entry per person. Incomplete entries may be disqualified in the Sponsor’s sole discretion)
Prize:
Grand Prize:
One (1) winner will receive a Queen Moves Only Collection “Royal Queen Moves Only Gift Pack” (the Prize). Approximate retail value is two-hundred dollars ($200). Actual retail value of Prize may vary.
Any unclaimed and/or unused element of the prize package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the Prize described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Drawing and Odds: The expiration of the Promotion Period, terminates on Thursday, April 30, 2020. The Winner will be randomly selected from all eligible entries received by or before the expiration date. The period for review of eligible entries shall be completed on or around Wednesday, May 6, 2020. Odds of winning depend on the number of eligible entries received during the Promotion Period.
Notification, Affidavit and Guest Release: The potential Winner will be notified by email and text message on or around , Friday, May 8, 2020. In the event that a potential Winner cannot be reached, does not accept the prize and return the signed Affidavit within five (5)calendar days after notification, or is disqualified for any reason, Sponsor may award the prize to an alternate Winner by random selection from among all remaining eligible entries. Unclaimed or un-awarded prizes will NOT be re-awarded.
Potential Winner will be required to complete, have notarized, and return an Affidavit of Eligibility, Liability and, where lawful, Publicity Release (the “Affidavit”) within five (5) calendar days after notification, or else the prize will be forfeited and an alternate potential Winner may be selected, provided sufficient time exists to verify an alternate if applicable. Release: By participating in the Promotion, each entrant agrees to release, discharge and hold harmless Sponsor and its affiliates, agents, employees, and representatives from any and all damages, whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any portion of the prize (or activity related thereto). As a condition of entering the Promotion, each entrant and Winner agrees that: (1) under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, indirect or special damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded in this Promotion (or activity related thereto), shall be resolved individually, without resort to any form of class action; and (3) in no event will any entrant and/or Winner be entitled to receive attorneys’ fees prior to mediation. By entering, entrants agree that Sponsor is not responsible, and shall have no liability, for: (a) late, delayed, misdirected, garbled, or incomplete entries, prize claims or notifications, or entries that do not otherwise comply with, or violate, the Official Rules; (b) any printing, typographical, mechanical or other error in the printing, advertising or administration of this Promotion or in the announcement of prize Winner; (c) any human error, technical malfunctions, or lost/delayed data transmission, or any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; (d) any other error or malfunction, or causes beyond Sponsor’s reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of this Promotion; or (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. Sponsor reserves the right to: disqualify any person it finds, in its sole discretion, is ineligible, has violated these Official Rules, tampered with or encouraged anyone to tamper with the entry process or the operation of this Promotion.
Publicity: Except where prohibited, participation in the Promotion constitutes each Winner’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, video, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, 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. By participating in this Promotion, each entrant and Winner: 1) agrees to be bound by these Official Rules: 2) agrees that the decisions of the Sponsor are final and binding; and 3) warrants that she is eligible to participate in this Promotion.
Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND OF THE STATE OF CALIFORNIA. EACH PARTICIPANT AND WINNER EXPRESSLY AND IRREVOCABLY CONSENTS TO PERSONAL JURISDICTION IN THE STATE OR FEDERAL COURTS SITTING IN LOS ANGELES COUNTY CALIFORNIA IN THE CITY OF SANTA MONICA.
Entrant’s Personal Information: All personal information that Entrants submit will be subject to Sponsor’s privacy policy available at https://iamsupercharged.com/privacy-policy/#privacy-policy.
Winner List: For a copy of the Winners’ list, send a self-addressed, stamped envelope postmarked by May 12, 2020 to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Boulevard, #29406, Los Angeles, CA 90069.
DISPUTE RESOLUTION AGREEMENT
PLEASE READ THE FOLLOWING DISPUTE RESOLUTION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND SUPERCHARGED BY KWANZA JONES TO AGREE TO RESOLVE ALL DISPUTES THROUGH NEGOTIATION THEN MANDATORY MEDIATION AS CONDITION PRECEDENT TO BINDING ARBITRATION, UNLESS OTHERWISE NOTED.
Applicability of Dispute Resolution Agreement. All claims and disputes arising out of or related to your participation in the Promotion or these Official Rules, or the breach thereof, which cannot be resolved informally through negotiation shall be subject to mandatory mediation administered by the American Arbitration Association under its AAA Mediation Procedures (AAAmediation.org) before resorting to final binding arbitration under the terms of this Dispute Resolution Agreement. Mediation shall be a condition precedent to any other remedy under this agreement. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this agreement applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This Dispute Resolution Agreement applies to you and SUPERCHARGED by Kwanza Jones, its direct and indirect parent, subsidiaries affiliate entities, and each of their respective officers, directors, members, employees, shareholders, representatives and agents, and each of their respective successors and assigns, as well as all authorized or unauthorized users or beneficiaries of prizes provided in the Promotion.
Notice Requirement and Informal Dispute Resolution. Before either party may seek mediation or arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SUPERCHARGED by Kwanza Jones should be sent to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Blvd. #29406, Los Angeles, CA 90069, Attention: Legal. After the Notice is received, you and SUPERCHARGED by Kwanza Jones may attempt to resolve the claim or dispute informally through negotiation. If you and SUPERCHARGED by Kwanza Jones do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin a mandatory mediation pursuant to the Mediation Procedures of the American Arbitration Association (www.aaamediation.org). The mediation shall be held in the city of Santa Monica, California, unless the parties agree otherwise. If the dispute is not resolved via mandatory mediation within 60 days after the appointment of a mediator, and the good faith attempt of all parties engaging in the mediation proceeding, then either party may begin a final, binding arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Mediation and Arbitration Rules. Mediation and arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers mediation and arbitration as set forth in this section. If AAA is not available to mediate or arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this mediation or arbitration, including but not limited to the method of initiating and/or demanding mediation or arbitration, except to the extent such rules are in conflict with these Official Rules. The AAA Mediation Procedures (“Mediation Rules”) govern the mediation and are available online at www.aaamediation.org or by calling AAA Mediation at 1-877-250-0329. The mediation shall be conducted by one neutral mediator selected by mutual agreement of the parties. The AAA Consumer Arbitration Rules (“Arbitration Rules”) govern the arbitration and are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by two neutral arbitrators, of whom each party shall designate one. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Santa Monica, California, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, video conference, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. A non-appearance arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SUPERCHARGED by Kwanza Jones, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. 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 you and SUPERCHARGED by Kwanza Jones.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE ENTRANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER ENTRANT.
Confidentiality. All aspects of the mediation and arbitration proceedings, including but not limited to the resolution terms, settlement amounts, award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Dispute Resolution Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Dispute Resolution Agreement.
Survival of Agreement. This Dispute Resolution Agreement will survive the termination of your relationship with SUPERCHARGED by Kwanza Jones.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Dispute Resolution Agreement.
ENTIRE AGREEMENT
The Official Rules, this Dispute Resolution Agreement, and any other rules, policies and regulations of SUPERCHARGED by Kwanza Jones as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and signed by SUPERCHARGED by Kwanza Jones.
**Winston-Salem**
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO SPRING 2019 GRADUATING STUDENTS OF WINSTON-SALEM STATE UNIVERSITY WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Promotional Period: This promotion (the “Promotion”) takes place from 05:00 PM ET on May 09, 2019 through 11:59 PM ET on May 17, 2019 (the “Promotion Period”).
Sponsor: The sponsor of this Promotion is SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Boulevard, #29406, Los Angeles, CA 90069 (“Sponsor”).
Eligibility: This Promotion is open only to Spring 2019 graduating students of Winston-Salem State University who are at least eighteen (18) years old at the time of entry and who are US residents. Void where prohibited. Employees, shareholders, officers and agents of Sponsor, its advertising agencies, and their immediate family members and persons residing in the same household of such employees are not eligible to enter or win.
How to Enter: Complete and submit the entry form online during the Promotion Period, available at https://kwanzajones.com/events/winston-salem-commencement.
Limit one (1) entry per person. Incomplete entries may be disqualified in the Sponsor’s sole discretion.
Prize:
Grand Prize: One (1) winner will receive a trip for two (2) people to the SUPERCHARGED Summit by Kwanza Jones to be held in Los Angeles in October 2019. Approximate retail value of prize is five thousand dollars ($5,000.00). Prize includes round-trip economy class or equivalent airfare from US major airport closest to winner’s home, ground transportation to and from the LAX airport to the hotel and to and from the hotel to the SUPERCHARGED Summit, 3-day, 2 night deluxe, double occupancy hotel accommodations, and two (2) VIP tickets to the SUPERCHARGED Summit.
Actual retail value of prize may vary depending on the point, date and time of departure. Winner will be responsible for all meals, ground transportation not listed above, excursions, gratuities, fuel, parking, beverages, telephone calls, sales, use, luxury, income and other taxes (including income tax based on the prize) and any other incidental costs or expenses not specifically stated herein associated with the prize or the use of the prize. All trip components are subject to availability. Travel must originate and end at the same major gateway airport. Exact travel dates subject to change. Prize will be forfeited if winner is unable to travel on designated dates. Winner and guest will be required to provide valid government issued photo ID or passport as required by travel authorities at time of travel, and to obtain and maintain all insurance (including car, health, liability and any other insurance). Winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the winner. Winner acknowledges and agrees that the Sponsor is not provider/carrier of transportation, or insurance provider. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Sponsor is not responsible for any changes of any element of trip by third parties, nor is Sponsor liable for any expenses incurred as a consequence of flight changes, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the prize package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release and/or travel documents. Elements of the trip may require agreement to and execution of, separate releases for prize award/participation, in addition to the Affidavit described herein. Failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate winner where available. In the event any winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, or may cause property damage or loss, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the winner (and guest(s)) home with no further compensation or liability. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Cash Prizes: Ten (10) winners will receive a two thousand five hundred dollar ($2,500.00) cash prize, to be awarded in the form of a check. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Drawing and Odds: After the expiration of the Promotion Period, on Friday, May 17, 2019, the winner will be randomly selected from all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion Period.
Notification, Affidavit and Guest Release: The potential winner will be notified by email on Wednesday, May 22, 2019 by 11:59 PT. In the event that a potential winner cannot be reached, does not accept the prize and return the signed Affidavit within 14 days after notification, or is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Unclaimed or un-awarded prizes will NOT be re-awarded.
Potential winner will be required to complete, have notarized, and return an Affidavit of Eligibility, Liability and, where lawful, Publicity Release (the “Affidavit”) within 14 days after notification, or else the prize will be forfeited and an alternate potential winner selected, provided sufficient time exists to verify an alternate if applicable. Travel companion of prize winner must be legal age of majority in their state of legal residence and will also be required to complete, have notarized, and return a Release of Liability and Publicity Release prior to booking travel.
Release: By participating in the Promotion, each entrant and agrees to release, discharge and hold harmless Sponsor and its affiliates, agents, employees, and representatives from any and all damages, whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any portion of the prize (or activity related thereto). As a condition of entering the Promotion, each entrant and winner agrees that: (1) under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, indirect or special damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded in this Promotion (or activity related thereto), shall be resolved individually, without resort to any form of class action; and (3) in no event will any entrant and/or winner be entitled to receive attorneys’ fees. By entering, entrants agree that Sponsor is not responsible, and shall have no liability, for: (a) late, delayed, misdirected, garbled, or incomplete entries, prize claims or notifications, or entries that do not otherwise comply with, or violate, the Official Rules; (b) any printing, typographical, mechanical or other error in the printing, advertising or administration of this Promotion or in the announcement of prize winner; (c) any human error, technical malfunctions, or lost/delayed data transmission, or any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; (d) any other error or malfunction, or causes beyond Sponsor’s reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of this Promotion; or (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. Sponsor reserves the right to: disqualify any person it finds, in its sole discretion, is ineligible, has violated these Official Rules, tampered with or encouraged anyone to tamper with the entry process or the operation of this Promotion.
Publicity: Except where prohibited, participation in the Promotion constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, video, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, 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. By participating in this Promotion, each entrant and winner: 1) agrees to be bound by these Official Rules: 2) agrees that the decisions of the Sponsor are final and binding; and 3) warrants that she is eligible to participate in this Promotion.
Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND OF THE STATE OF NORTH CAROLINA. EACH PARTICIPANT AND WINNER EXPRESSLY AND IRREVOCABLY CONSENTS TO PERSONAL JURISDICTION IN THE STATE OR FEDERAL COURTS SITTING IN MECKLENBURG COUNTY NORTH CAROLINA.
Entrant’s Personal Information: All personal information that Entrants submit will be subject to Sponsor’s privacy policy available at https://iamsupercharged.com/privacy-policy/#privacy-policy.
Winner List: For a copy of the winners’ list, send a self-addressed, stamped envelope postmarked by June 30, 2019 to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Boulevard, #29406, Los Angeles, CA 90069.
DISPUTE RESOLUTION AGREEMENT
PLEASE READ THE FOLLOWING DISPUTE RESOLUTION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND SUPERCHARGED BY KWANZA JONES TO AGREE TO RESOLVE ALL DISPUTES THROUGH NEGOTIATION THEN MANDATORY MEDIATION AS CONDITION PRECEDENT TO BINDING ARBITRATION, UNLESS OTHERWISE NOTED.
Applicability of Dispute Resolution Agreement. All claims and disputes arising out of or related to your participation in the Promotion or these Official Rules, or the breach thereof, which cannot be resolved informally through negotiation shall be subject to mandatory mediation administered by the American Arbitration Association under its AAA Mediation Procedures (AAAmediation.org) before resorting to final binding arbitration under the terms of this Dispute Resolution Agreement. Mediation shall be a condition precedent to any other remedy under this agreement. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this agreement applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This Dispute Resolution Agreement applies to you and SUPERCHARGED by Kwanza Jones, its direct and indirect parent, subsidiaries affiliate entities, and each of their respective officers, directors, members, employees, shareholders, representatives and agents, and each of their respective successors and assigns, as well as all authorized or unauthorized users or beneficiaries of prizes provided in the Promotion.
Notice Requirement and Informal Dispute Resolution. Before either party may seek mediation or arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SUPERCHARGED by Kwanza Jones should be sent to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Blvd. #29406, Los Angeles, CA 90069, Attention: Legal. After the Notice is received, you and SUPERCHARGED by Kwanza Jones may attempt to resolve the claim or dispute informally through negotiation. If you and SUPERCHARGED by Kwanza Jones do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin a mandatory mediation pursuant to the Mediation Procedures of the American Arbitration Association (www.aaamediation.org). The mediation shall be held in the city of Charlotte, North Carolina, unless the parties agree otherwise. If the dispute is not resolved via mandatory mediation within 60 days after the appointment of a mediator, and the good faith attempt of all parties engaging in the mediation proceeding, then either party may begin a final, binding arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Mediation and Arbitration Rules. Mediation and arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers mediation and arbitration as set forth in this section. If AAA is not available to mediate or arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this mediation or arbitration, including but not limited to the method of initiating and/or demanding mediation or arbitration, except to the extent such rules are in conflict with these Official Rules. The AAA Mediation Procedures (“Mediation Rules”) govern the mediation and are available online at www.aaamediation.org or by calling AAA Mediation at 1-877-250-0329. The mediation shall be conducted by one neutral mediator selected by mutual agreement of the parties. The AAA Consumer Arbitration Rules (“Arbitration Rules”) govern the arbitration and are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by two neutral arbitrators, of whom each party shall designate one. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Charlotte, North Carolina, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, video conference, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. A non-appearance arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SUPERCHARGED by Kwanza Jones, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. 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 you and SUPERCHARGED by Kwanza Jones.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE ENTRANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER ENTRANT.
Confidentiality. All aspects of the mediation and arbitration proceedings, including but not limited to the resolution terms, settlement amounts, award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Dispute Resolution Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Dispute Resolution Agreement.
Survival of Agreement. This Dispute Resolution Agreement will survive the termination of your relationship with SUPERCHARGED by Kwanza Jones.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Dispute Resolution Agreement.
ENTIRE AGREEMENT
The Official Rules, this Dispute Resolution Agreement, and any other rules, policies and regulations of SUPERCHARGED by Kwanza Jones as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and signed by SUPERCHARGED by Kwanza Jones.
**QMO Music Video**
OFFICIAL RULES
SUPERCHARGED by Kwanza Jones presents
Queen Moves Only™: An opportunity to make power moves with Kwanza Jones in a Music Video
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ANY PERSON WHO IS AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Promotional Period: This promotion (the “Promotion”) takes place from 06:00 AM PT on June 22, 2019 through 11:59 PM PT on August 16, 2019 (the “Promotion Period”).
Sponsor: The sponsor of this Promotion is SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Boulevard, #29406, Los Angeles, CA 90069 (“Sponsor”).
Eligibility: This Promotion is open only to those who are at least eighteen (18) years old at the time of entry and who are US residents. Void where prohibited. Employees, shareholders, officers and agents of Sponsor, its advertising agencies, and their immediate family members and persons residing in the same household of such employees are not eligible to enter or win.
How to Enter: Complete and submit the entry form online during the Promotion Period, available at https://queenmovesonly.com.
Limit one (1) entry per person. Incomplete entries may be disqualified in the Sponsor’s sole discretion.
Prize:
Grand Prize: Up to five (5) winners (the “Winner(s)”) will receive a trip for two (2) people to the Queen Moves Only Music Video Shoot by Kwanza Jones to be held in Los Angeles in August or September 2019. Approximate retail value of prize is four thousand dollars ($4,000.00). Prize includes round-trip economy class or equivalent airfare from US major airport closest to Winner’s home, ground transportation to and from the LAX airport to the hotel and to and from the hotel to the Queen Moves Only Music Video Shoot by Kwanza Jones, 3-day, 2 night deluxe, double occupancy hotel accommodations.
Actual retail value of prize may vary depending on the point, date and time of departure. Winner will be responsible for all meals, ground transportation not listed above, excursions, gratuities, fuel, parking, beverages, telephone calls, sales, use, luxury, income and other taxes (including income tax based on the prize) and any other incidental costs or expenses not specifically stated herein associated with the prize or the use of the prize. All trip components are subject to availability. Travel must originate and end at the same major gateway airport. Exact travel dates subject to change. Prize will be forfeited if Winner is unable to travel on designated dates. Winner and guest will be required to provide valid government issued photo ID or passport as required by travel authorities at time of travel, and to obtain and maintain all insurance (including car, health, liability and any other insurance). Winner will be required to provide a major credit card upon hotel check-in, and all in-room charges will be charged to the credit card. Any damage to the room will be the responsibility of the Winner. Winner acknowledges and agrees that the Sponsor is not provider/carrier of transportation, or insurance provider. No changes will be made to travel details once any element(s) of the travel arrangements have been booked. Sponsor is not responsible for any changes of any element of trip by third parties, nor is Sponsor liable for any expenses incurred as a consequence of flight changes, cancellation or delays. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates. Travel is subject to capacity controls, availability, and certain other restrictions, all of which are subject to change. Any unclaimed and/or unused element of the prize package, or any element thereof, will remain the property of Sponsor or its designee. The restrictions/conditions stated herein are not all-inclusive and the described above may be subject to additional restrictions/conditions, which may be stated in the Affidavit (as defined herein), and/or other required release and/or travel documents. Elements of the trip may require agreement to and execution of, separate releases for prize award/participation, in addition to the Affidavit described herein. Failure to provide these documents, if required, will cause prize to be forfeited and awarded to an alternate Winner where available. In the event any Winner and/or guest engage(s) in behavior that, as determined by Sponsor (or its designee) in their absolute discretion, is obnoxious or threatening, dangerous, harmful, illegal or that is intended to annoy, abuse, threaten or harass any other person, or may cause property damage or loss, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and to send the Winner (and guest(s)) home with no further compensation or liability. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Drawing and Odds: After the expiration of the Promotion Period, on Friday, August 16, 2019, the Winner will be chosen by a panel of judges on or around Friday, August 23, 2019 from among all eligible entries received during the Promotion Period. Odds of winning depend on the number of eligible entries received during the Promotion Period.
Notification, Affidavit and Guest Release: The potential Winner will be notified by email on or around Monday, August 26, 2019. In the event that a potential Winner cannot be reached, does not accept the prize and return the signed Affidavit within five (5)calendar days after notification, or is disqualified for any reason, Sponsor may award the prize to an alternate Winner chosen by a panel of judges from among all remaining eligible entries. Unclaimed or un-awarded prizes will NOT be re-awarded.
Potential Winner will be required to complete, have notarized, and return an Affidavit of Eligibility, Liability and, where lawful, Publicity Release (the “Affidavit”) within five (5) calendar days after notification, or else the prize will be forfeited and an alternate potential Winner may be selected, provided sufficient time exists to verify an alternate if applicable. Travel companion of prize Winner must be legal age of majority in their state of legal residence and will also be required to complete, have notarized, and return a Release of Liability and Publicity Release prior to booking travel.
Release: By participating in the Promotion, each entrant and agrees to release, discharge and hold harmless Sponsor and its affiliates, agents, employees, and representatives from any and all damages, whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any portion of the prize (or activity related thereto). As a condition of entering the Promotion, each entrant and Winner agrees that: (1) under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, indirect or special damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded in this Promotion (or activity related thereto), shall be resolved individually, without resort to any form of class action; and (3) in no event will any entrant and/or Winner be entitled to receive attorneys’ fees. By entering, entrants agree that Sponsor is not responsible, and shall have no liability, for: (a) late, delayed, misdirected, garbled, or incomplete entries, prize claims or notifications, or entries that do not otherwise comply with, or violate, the Official Rules; (b) any printing, typographical, mechanical or other error in the printing, advertising or administration of this Promotion or in the announcement of prize Winner; (c) any human error, technical malfunctions, or lost/delayed data transmission, or any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; (d) any other error or malfunction, or causes beyond Sponsor’s reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of this Promotion; or (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. Sponsor reserves the right to: disqualify any person it finds, in its sole discretion, is ineligible, has violated these Official Rules, tampered with or encouraged anyone to tamper with the entry process or the operation of this Promotion.
Publicity: Except where prohibited, participation in the Promotion constitutes each Winner’s consent to Sponsor’s and its agents’ use of Winner’s name, likeness, photograph, video, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, 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. By participating in this Promotion, each entrant and Winner: 1) agrees to be bound by these Official Rules: 2) agrees that the decisions of the Sponsor are final and binding; and 3) warrants that she is eligible to participate in this Promotion.
Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND OF THE STATE OF CALIFORNIA. EACH PARTICIPANT AND WINNER EXPRESSLY AND IRREVOCABLY CONSENTS TO PERSONAL JURISDICTION IN THE STATE OR FEDERAL COURTS SITTING IN LOS ANGELES COUNTY CALIFORNIA.
Entrant’s Personal Information: All personal information that Entrants submit will be subject to Sponsor’s privacy policy available at https://iamsupercharged.com/privacy-policy/#privacy-policy.
Winner List: For a copy of the Winners’ list, send a self-addressed, stamped envelope postmarked by August 30, 2019 to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Boulevard, #29406, Los Angeles, CA 90069.
DISPUTE RESOLUTION AGREEMENT
PLEASE READ THE FOLLOWING DISPUTE RESOLUTION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND SUPERCHARGED BY KWANZA JONES TO AGREE TO RESOLVE ALL DISPUTES THROUGH NEGOTIATION THEN MANDATORY MEDIATION AS CONDITION PRECEDENT TO BINDING ARBITRATION, UNLESS OTHERWISE NOTED.
Applicability of Dispute Resolution Agreement. All claims and disputes arising out of or related to your participation in the Promotion or these Official Rules, or the breach thereof, which cannot be resolved informally through negotiation shall be subject to mandatory mediation administered by the American Arbitration Association under its AAA Mediation Procedures (AAAmediation.org) before resorting to final binding arbitration under the terms of this Dispute Resolution Agreement. Mediation shall be a condition precedent to any other remedy under this agreement. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this agreement applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. This Dispute Resolution Agreement applies to you and SUPERCHARGED by Kwanza Jones, its direct and indirect parent, subsidiaries affiliate entities, and each of their respective officers, directors, members, employees, shareholders, representatives and agents, and each of their respective successors and assigns, as well as all authorized or unauthorized users or beneficiaries of prizes provided in the Promotion.
Notice Requirement and Informal Dispute Resolution. Before either party may seek mediation or arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SUPERCHARGED by Kwanza Jones should be sent to: SUPERCHARGED by Kwanza Jones, 8605 Santa Monica Blvd. #29406, Los Angeles, CA 90069, Attention: Legal. After the Notice is received, you and SUPERCHARGED by Kwanza Jones may attempt to resolve the claim or dispute informally through negotiation. If you and SUPERCHARGED by Kwanza Jones do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin a mandatory mediation pursuant to the Mediation Procedures of the American Arbitration Association (www.aaamediation.org). The mediation shall be held in the city of Santa Monica, California, unless the parties agree otherwise. If the dispute is not resolved via mandatory mediation within 60 days after the appointment of a mediator, and the good faith attempt of all parties engaging in the mediation proceeding, then either party may begin a final, binding arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Mediation and Arbitration Rules. Mediation and arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers mediation and arbitration as set forth in this section. If AAA is not available to mediate or arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this mediation or arbitration, including but not limited to the method of initiating and/or demanding mediation or arbitration, except to the extent such rules are in conflict with these Official Rules. The AAA Mediation Procedures (“Mediation Rules”) govern the mediation and are available online at www.aaamediation.org or by calling AAA Mediation at 1-877-250-0329. The mediation shall be conducted by one neutral mediator selected by mutual agreement of the parties. The AAA Consumer Arbitration Rules (“Arbitration Rules”) govern the arbitration and are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by two neutral arbitrators, of whom each party shall designate one. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the city of Santa Monica, California, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, video conference, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. A non-appearance arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and SUPERCHARGED by Kwanza Jones, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms and Conditions. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. 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 you and SUPERCHARGED by Kwanza Jones.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE ENTRANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER ENTRANT.
Confidentiality. All aspects of the mediation and arbitration proceedings, including but not limited to the resolution terms, settlement amounts, award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Dispute Resolution Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Dispute Resolution Agreement.
Survival of Agreement. This Dispute Resolution Agreement will survive the termination of your relationship with SUPERCHARGED by Kwanza Jones.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Dispute Resolution Agreement.
ENTIRE AGREEMENT
The Official Rules, this Dispute Resolution Agreement, and any other rules, policies and regulations of SUPERCHARGED by Kwanza Jones as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and signed by SUPERCHARGED by Kwanza Jones.
