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Barona $500 Fridays™ Official Rules

 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. INTERNET ACCESS AND VALID E-MAIL ADDRESS ARE REQUIRED.

 

“Barona $500 Fridays™” (“Game” or “Promotion”) is sponsored by Barona Resort & Casino, Lakeside, CA 92040 and KNSD Channel 7 San Diego, San Diego, CA 92101 (collectively, “Sponsors”) and is intended for participation only in the San Diego DMA (i.e., Designated Market Area) and shall be construed according to, and governed exclusively by, United States and California substantive law. Void in Mexico. Void outside the San Diego DMA, and where prohibited by law.

 

Do not participate in the Promotion if you are not a legal resident of the United States, and/or not 21 years of age or older, and/or not physically located in the San Diego DMA at the time of registration and participation. (To see if your Zip Code is in the San Diego DMA, visit www.tvscratchgames.com/Barona$500Fridays).

 

Barona $500 Fridays™ is NOT bingo. Prizes will be awarded based on obtaining pre-established winning game cards (see Rules 2 and 3 below for complete explanation of winner determination procedure).

 

Barona $500 Fridays™ is NOT a California State Lottery product and is NOT endorsed, authorized or sanctioned by the California State Lottery.

 

1. Promotion Period

 

Promotion begins on or about Friday, April 9, 2010 at 12:01 AM Pacific Time (“PT”) and ends at 11:00 PM PT on September 24, 2010 (the “Promotion Period”). The Promotion consists of twenty-four (24) separate and independent weekly chance promotions (each a “Friday Game”).

 

The official timekeeping device for the Promotion is the website computer maintained by Life Carrot, Inc., an independent agency administering the Promotion (“Game Provider”).

 

2. How to Play

 

A. Registration

 

Visit the website www.tvscratchgames.com/Barona$500Fridays or links and banners at www.barona.com that lead to www.tvscratchgames.com/Barona$500Fridays (“Website”), during the Promotion Period. Complete the required fields on the registration form: first name, last name, street address, city, state and Zip Code, birth date and e-mail address. You will also be required to opt-in to receive e-mails from Game Provider regarding participation in the Promotion. You must agree to receive such e-mails as a condition of participation in the Promotion. If you later decide to opt-out of receipt of such e-mails, you will NOT be able to continue to participate in the Promotion. You may also choose to opt-in to receive advertisements, delivered via e-mail and/or SMS text message, from Barona Resort and Casino and/or third parties whose goods/services may be of interest to you; however, you are not required to opt-in to receive these advertisement e-mails in order to register for or participate in the Promotion. Your provision of information is subject to the Privacy Policy of Website as applicable; see Rule 5 below.

 

You must also check the box indicating that you have read, understand and agree to these Official Rules as a pre-condition to registering for/participating in the Promotion. YOU WILL NOT BE ALLOWED TO REGISTER OR PARTICIPATE IN THE PROMOTION IF THIS BOX IS NOT CHECKED.

 

All registration information must be completed in full. Once you have completed the registration form, Game Provider will send you an e-mail at the e-mail address you provided approximately ten (10) minutes later. This e-mail contains a validation link. TO BECOME A FULLY REGISTERED PARTICIPANT IN THE PROMOTION (“PLAYER”), YOU MUST CLICK ON THE VALIDATION LINK WITHIN THE INDICATED TIME PERIOD. Upon clicking the e-mail’s validation link, you will be fully registered to participate in the Promotion as set forth in these Official Rules.

 

There is a limit of two (2) registered e-mail addresses per street address. And, an e-mail address may only be used once during the Promotion Period. (If you have to rejoin the game due to a street address change, or if you decide to rejoin the game after 3 weeks of not participating, we will allow you to use the same email address more than once.)

 

Persons can register for the Game and become Players anytime during the Promotion Period.

 

It is the sole responsibility of each Player to keep his/her registration information (specifically, his/her e-mail address and mailing address) current; and, Sponsors and Game Provider will have no responsibility or liability for a Player’s failure to do so. Players update their information by unsubscribing from the Game (by clicking “Unsubscribe” in any e-mail from the Game Provider) and then initiating a new registration with their current information. Players should allow for up to three (3) business days for their information to be updated.

 

B. Game Card E-mail & “Bingo” Game Cards

 

If registration is completed (including validation) by 11:59 PM PT on any Thursday immediately preceding a Friday Game during the Promotion Period, Player will receive an e-mail no later than 10:00 AM PT on the immediately following Friday (i.e., on the Friday morning preceding when a given Friday Game is to be played). Be sure to check your SPAM folder and adjust your e-mail account’s settings accordingly (as necessary) so that you receive e-mails from Game Provider for the Promotion; Sponsors and Game Provider expressly disclaim any liability for lost or undelivered e-mails regardless of cause. (Adding the “from” address in e-mails from the Game Provider, SanDiego@TVScratchGames.com, to your contacts is often an effective way to keep the Game Provider’s e-mails from going to your SPAM folder.)

 

The e-mail will contain a link to two (2) “bingo” game cards (“Game Card E-mail”); the “bingo” game cards being valid only for that specific Friday Game. ANY USE OR ATTEMPTED USE OF A “BINGO” GAME CARD FOR ANY OTHER FRIDAY GAME CONSTITUTES FRAUD AND SPONSORS AND/OR GAME PROVIDER MAY SEEK TO ENFORCE THEIR RIGHTS AND REMEDIES AS PER RULE 2D BELOW. After clicking the link, Players may print out the two (2) “bingo” game cards, view them on-screen and/or view them on a web-enabled mobile device.

 

Game Card E-mail and “bingo” game cards accessible via link in a Game Card E-mail are valid only for the Player who received the Game Card E-mail directly from Game Provider as per Game Provider’s records. Any attempted transfer, purchase, sale or trading of a Game Card E-mail (and/or “bingo” game cards accessible via link in the Game Card E-mail) automatically voids such Game Card E-mail (and “bingo” game cards accessible via link in such Game Card E-mail). SUCH ACTIVITY ALSO CONSTITUTES FRAUD AND SPONSORS AND/OR GAME PROVIDER MAY SEEK TO ENFORCE THEIR RIGHTS AND REMEDIES AS PER RULE 2D BELOW.

 

Players will continue to receive one (1) Game Card E-mail (with two (2) “bingo” game cards) each week of the Promotion Period. For purposes of these Official Rules and the Promotion, a “week” begins at 11:30 PM PT on a Friday (following the conclusion of the prize claim period for the immediately preceding Friday Game) and ends at 7:14 PM PT on the immediately following Friday. To be eligible for a given Friday Game, you must open the Game Card E-mail and click on the link in the Game Card E-mail to the “bingo” game cards for that Friday Game; if you fail to do so, you will NOT be eligible to win a prize for that Friday Game. PARTICIPATING IN A GIVEN FRIDAY GAME WILL NOT RESULT IN AUTOMATIC PARTICIPATION IN FUTURE FRIDAY GAMES DURING PROMOTION PERIOD.

 

Failure to open the Game Card E-mail and click on the link in the Game Card E-mail to the “bingo” game cards for any three (3) consecutive weeks during the Promotion Period, as determined by Game Provider in its sole discretion, will result in Player being removed from the pool of active players for the Promotion (a “Deactivated Player”). Subject to the approval of Game Provider (which may be granted or withheld in its sole discretion and without liability of any kind), such a Deactivated Player may rejoin the Promotion and be able to participate in future Friday Games by completing the registration process again.

 

Players missing two (2) consecutive weeks of the Promotion Period, as determined by Game Provider in its sole discretion, may receive at least one (1) e-mail notification from Game Provider that they are approaching Deactivated Player status. Notwithstanding the foregoing, nothing herein in any way obligates Game Provider to send any such reminder e-mail notification(s) and its failure to do so and/or a Player’s failure to receive same will not result in any liability to Game Provider (or Sponsors).

 

When players elect to unsubscribe from the Promotion by clicking the unsubscribe link in any of the emails we have sent you (an "Unsubscribed Player"), the effect is immediate. When you unsubscribe, we will cease sending you emails from the moment of unsubscribing forward. Players unsubscribing on Friday morning before the Game Card E-mails are sent out will NOT receive a Game Card E-mail; but, they are counted in the universe of players who have received cards. Players unsubscribing on Friday after the Game Card E- mails are sent out can still play the game that Friday, but will receive no more emails from us. An Unsubscribed Player may rejoin the Promotion and be able to participate in future Friday Games by completing the registration process again.

 

C. Friday Games

 

Each Friday Game will take place on a Friday during the Promotion Period as per the schedule below and will be played during a 60-second ad for Barona Resort & Casino aired on KNSD Channel 7 near the end of Wheel of Fortune and before the start of Jeopardy!** (under the current program schedule, which is subject to change). The Barona Resort & Casino ad will typically air at 7:27PM PT; but the ad may air as early as 7:15PM PT or as late as 7:45PM PT. (The Promotion will NOT be offered in conjunction with programming on KNSD Channel 39, only on KNSD Channel 7.)

 

Friday Game Dates
4/16/10 7/9/10
4/23/10 7/16/10
4/30/10 7/23/10
5/7/10 7/30/10
5/14/10 8/6/10
5/21/10 8/13/10
5/28/10 8/20/10
6/4/10 8/27/10
6/11/10 9/3/10
6/18/10 9/10/10
6/25/10 9/17/10
7/2/10 9/24/10

 

During the Barona Resort & Casino ad, the Friday Game will take place, with images of seven (7) “bingo” balls being super-imposed on-screen. Players then check to see if the “bingo” balls super-imposed on the screen form an unbroken/uninterrupted vertical, horizontal or diagonal sequence (a “bingo”) on either of a Player’s “bingo” game cards (that Player obtained via the Game Card E-mail for that week from Game Provider). In determining whether a Player has a “bingo,” the “FREE” space in the center of the “bingo” game card will be treated in the same manner as a “bingo” ball displayed on-screen. The “FREE” space will NOT be treated as a space which does not correspond to a “bingo” ball displayed on-screen and will NOT be considered as breaking/interrupting the vertical, horizontal or diagonal sequence forming a “bingo.”

 

Rules Card

 

If a Player has been selected at random and has received a “bingo” game card with a “bingo” from Game Provider via the Game Card E-mail for that week of the Promotion Period, he/she must visit www.tvscratchgames.com/Barona$500Fridays and click the I Think I Won tab (also accessible by visiting www.barona.com and clicking the Barona $500 Fridays banner and then clicking on the I Think I Won tab) and follow the instructions to claim a prize for that Friday Game. Prize claim procedure includes entering the Card Code from the potentially winning “bingo” game card (i.e., the 10-character code that appears in bold below the “bingo” grid on the “bingo” game card). CARD CODE MUST BE ENTERED BY 11:00 PM PT ON THE FRIDAY THAT A GIVEN FRIDAY GAME IS PLAYED (“PRIZE CLAIM PERIOD”). CARD CODES ARE INVALID AND WILL NOT BE ACCEPTED AFTER THE 11:00 PM PT DEADLINE.

 

BE SURE NOT TO MISS THE AIRING OF A BARONA CASINO & RESORT AD ON KNSD CHANNEL 7 ON A GIVEN FRIDAY OF THE PROMOTION PERIOD, AS THE SEVEN (7) BINGO BALLS FOR THAT FRIDAY GAME WILL NOT BE DISPLAYED ELSEWHERE.

 

Card Code is valid only for the Player who received potentially winning “bingo” game card via the Game Card E-mail for that week from Game Provider, as per Game Provider’s records. Any attempted transfer, purchase, sale or trading of Card Code and/or potentially winning “bingo” game card automatically voids such Card Code and potentially winning “bingo” game card. SUCH ACTIVITY ALSO CONSTITUTES FRAUD AND SPONSORS AND/OR GAME PROVIDER MAY SEEK TO ENFORCE THEIR RIGHTS AND REMEDIES AS PER RULE 2D BELOW.

 

Game Provider may, in its sole discretion, also require a physical copy of “bingo” game card, proof of ownership of e-mail address and/or other information and/or materials, and/or for potential winner to complete, sign and return an Affidavit of Eligibility, a Liability Release and (where lawful) a Publicity Release within indicated time period, as part of the validation process for any prize claim. If potential winner fails to timely provide all such materials upon Game Provider’s request or Game Provider determines in its sole discretion that such materials are inadequate or unsatisfactory, no prize will be awarded to such person and neither Game Provider nor Sponsors will have any liability to such person or anyone else.

 

IF AS DETERMINED BY GAME PROVIDER IN ITS SOLE DISCRETION, PRIZE CLAIM/CARD CODE IS NOT TIMELY SUBMITTED, PRIZE CLAIM IS INVALID, POTENTIAL WINNER IS INELIGIBLE, OR PRIZE IS OTHERWISE UNCLAIMED OR FORFEITED, SUCH PRIZE WILL BE AWARDED VIA THE SECOND CHANCE RANDOM DRAWING AS PER RULE 3 BELOW.

 

If a Player’s “bingo” game card is validated by Game Provider and Game Provider has determined that Player is eligible and has fully complied with these Official Rules, such Player will be mailed a check for $500 within two (2) weeks of submission of prize claim. Check will NOT be replaced if damaged, lost or stolen. If check is NOT cashed within one hundred twenty (120) days of mailing, check becomes void and Sponsors/Game Provider will have no liability to payee of check (or any other party) in connection therewith. The check will be sent to the address provided on the registration and made out in the name of the Player as payee only (as it appears in Player’s registration for Promotion). Any exceptions for change of winner’s address or name are subject to Game Provider’s approval, in its sole discretion. (Game Provider must be furnished with proof of validity of change of name/address (as applicable) which it deems to be satisfactory in its sole discretion before any such exception will be granted. Game Provider disclaims any liability in conjunction with failure/refusal to grant any such exception.)

 

D. Additional Restrictions on Game Play

 

Registration and participation in Game must be made by a person him/herself at the Website. Registration/participation by any other individual or any entity, and/or originating at any website other than the Website, including, but not limited to, commercial sweepstakes subscription notification and/or entering service websites, will be declared invalid and disqualified.

 

Use of any program, bot, device or other mechanism/apparatus to automate the registration process and/or participation in the Game, is prohibited and any registrations/participation deemed by Game Provider, in its sole discretion, to have been submitted in this manner will be invalid and disqualified. Without in any way limiting the foregoing, all registration and other online participation in the Promotion must be effected via manual key-stroking.

 

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS/GAME PROVIDER RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE, AS WELL AS TO SEEK RECOVERY OF ANY PRIZE MONIES PAID TO SUCH PERSON, IF APPLICABLE).

 

Sponsors, Game Provider and their respective parent companies, affiliates and subsidiaries, promotion marketing/advertising and other agencies, the successors and assigns of the foregoing entities, and the directors, officers, agents, representatives, shareholders, and employees of any of the foregoing entities (collectively “Indemnitees”) assume no responsibility for (a) any incomplete, incorrect or inaccurate information, whether caused by Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error of any kind; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site (including but not limited to Website), television programming on KNSD Channel 7, registration and/or participation in the Promotion (including but not limited to any problem with respect to the distribution of Game Card E-mails, the airing of the Barona Resort & Casino ad on any Friday during designated times or the quality/clarity of appearance (or failure to appear) of images of “bingo” balls during ad and the accuracy of such “bingo” balls as displayed on-screen) and (c) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming, broadcast signal failure, malfunction, disruption or corruption or interruption or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to entrant’s or to any person’s computer (or any information/materials stored therein) related to or resulting from downloading materials from any web site (including but not limited to Website) or participating in Promotion.

 

3. Prizes/Odds of Winning

 

Twenty-four (24) prizes of $500 each are available, for a total prize pool of $12,000 for the Promotion.

 

Participants will not actually be playing bingo in the Promotion. Rather, in the Promotion, Game Provider will run a computer simulation of bingo where seven (7) “bingo” balls are picked at random. Game Provider then selects from the computer simulation a quantity of bingo cards equal to twice the number of Players for a given Friday Game, with two (2) bingo cards corresponding to each Player. Of the bingo cards selected one (or more) of them will be winning bingo cards (i.e., bingo cards that complete a bingo (as defined in Rule 2C) in the computer simulation of bingo). Game Provider will determine, in its sole discretion, the number of winning bingo cards selected for a given Friday Game (with the understanding that, in all cases, there will be at least one (1) winning bingo card selected for a given Friday Game) and will conduct a random drawing among all Players for that Friday Game to determine which Player(s) will receive a winning bingo card (i.e., a winning “bingo” game card) via a Game Card E-mail (as per Rule 2B). While the Barona Resort & Casino ad with “bingo” balls superimposed on-screen may seem like a game of bingo being played in real time, it is NOT bingo as the computer simulation and the selection of prize winners will have occurred prior to the airing of the ad.

 

Subject to the “NO RESPONSIBILITY FOR ERRORS IN NUMBER OF PRIZES”and “FORCE MAJEURE” provisions in Rule 4 below, if Game Provider selects more than one (1) winning bingo card for a given Friday Game, then each Player who receives a winning bingo card (i.e., a winning “bingo” game card) via a Game Card E-mail (as per Rule 2B) for that Friday Game will be eligible to win a $500 prize.

 

Odds of winning a prize in a given Friday Game depend on the number of Players for that Friday Game, the number of winning bingo cards selected by Game Provider for that Friday Game and the number of winning “bingo” game cards distributed by Game Provider for that Friday Game. So, for example, if there are 10,000 Players in a given Friday Game and one (1) winning bingo card was selected by Game Provider and one (1) winning “bingo” game card distributed, the odds of winning for that Friday Game are 1:10,000. If there are 10,000 Players in a given Friday Game and two (2) winning bingo cards were selected by Game Provider and two (2) winning “bingo” game cards distributed, the odds of winning for that Friday Game are 1:5,000. The actual number of winning bingo cards selected/winning “bingo” game cards to be distributed (i.e., prizes to be made available to be won) as well as a daily snapshot of the number of Players will be posted on the Website prior to a given Friday Game.

 

SECOND CHANCE RANDOM DRAWING. If any $500 prizes are unclaimed, forfeited or otherwise unawarded after the conclusion of the last Friday Game of the Promotion Period, Game Provider will award such remaining $500 prize(s) by means of a second chance random drawing. Each Player as of the end of the Promotion Period (that is, 11:00 PM PT on September 24, 2010) will receive one (1) entry in the second chance random drawing. Game Provider will conduct the second chance random drawing, if necessary, on or about February 10, 2011. If selected in second chance random drawing, potential winner will be notified via e-mail. Odds of winning a prize in second chance random drawing depend on the number of $500 prizes unclaimed/forfeited/unawarded and the number of Players as of the end of the Promotion Period.

 

4. Eligibility and Other Conditions of Participation

 

Employees, officers, directors and production personnel of the Sponsors, Game Provider and each of their respective parents, subsidiaries, and divisions or affiliates, as well as any other entities involved in any manner with the development, production and implementation of the Game (all such individuals and entities collectively referred to as “Promotion Entities”) and each of their immediate family members (defined as parents, children, siblings and spouse, regardless of where they live), or those living in the same household as any of the individuals in the preceding categories and any person whose access to www.tvscratchgames.com/Barona$500Fridays has been terminated or suspended (including Deactivated Players), are NOT eligible to participate in the Promotion or win prize(s). Groups, clubs, commercial entities and businesses are also NOT eligible to participate in the Promotion or win prize(s).

 

Each prize winner shall be solely responsible for all federal, state, and/or local taxes on any prize(s). Should a Player win more than one (1) prize, Game Provider will report to applicable governmental authorities prizes won by such person as well as the total value of the prizes won by such person during the Promotion Period via an IRS 1099 Tax Form and/or other applicable documentation. As condition of winning prizes, winner agrees to cooperate fully with Game Provider so as to facilitate the timely and accurate reporting of such information by Game Provider. No prize substitution or prize transfer is permitted.

 

NO RESPONSIBILITY FOR ERRORS IN NUMBER OF PRIZES. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the indicated number of prizes to be available and/or claimed for a given Friday Game, Sponsors/Game Provider reserve the right to award only the indicated number of prizes for that Friday Game (if previously not awarded), by a random drawing among all legitimate eligible claimants for such Friday Game. IN NO EVENT WILL MORE THAN THE NUMBER OF PRIZES FOR A GIVEN FRIDAY GAME (I.E., THE NUMBER OF WINNING BINGO CARDS SELECTED/WINNING “BINGO” GAME CARDS DISTRIBUTED), AS POSTED ON THE WEBSITE, BE AWARDED FOR A GIVEN FRIDAY GAME. Sponsors and Game Provider will have no liability for a defective or irregular Game Card E-mail or “bingo” game card.

 

Except where prohibited by law, by accepting any prize, winner grants (and agrees to confirm in writing, upon request) to Sponsors, Game Provider and their respective designees, the right to use his/her name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for advertising, trade and promotional purposes, without notification or additional compensation of any kind.

 

By registering for and participating in the Promotion, an individual indemnifies, releases and agrees to hold harmless the Indemnitees from any and all liability arising from participating in the Promotion, any Promotion-related activity and/or acceptance, receipt, possession or use/misuse of any prize.

 

FORCE MAJEURE. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, terrorist act (or threat of terrorist act), governmental regulation, interruption of broadcast of ad due to national emergency, “breaking news” or any other cause, or any other causes beyond the control of Sponsors and/or Game Provider which, in the sole opinion of Sponsors/Game Provider, could or does corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion (or any part thereof), Sponsors/Game Provider reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion and conduct the Promotion and select prize winners for one or more Friday Games in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsors/Game Provider in their sole discretion. Notice of such action by Sponsors/Game Provider will be posted on www.tvscratchgames.com/Barona$500Fridays.

 

If any provision of these Official Rules is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, these Official Rules shall be construed and enforced as if these Official Rules did not contain the particular provision held to be invalid/illegal/unenforceable, and such invalid/illegal/unenforceable provision will be deemed to be automatically modified and replaced by a mutually acceptable provision which most closely approximates the intention of Sponsors/Game Provider and is valid, legal and enforceable. The invalidity/illegality/ unenforceability of such provision will not affect the validity, legality or enforceability of any other provision of these Official Rules or of these Official Rules generally. The failure of Sponsors and/or Game Provider to enforce any provision does not constitute the waiver of such provision.

 

5. Privacy Policy

 

Participation in the Promotion is subject to the Privacy Policy of KNSD Channel 7 San Diego at www.nbcsandiego.com/privacy. IF YOU DO NOT AGREE TO THE KNSD CHANNEL 7 SAN DIEGO PRIVACY POLICY, DO NOT REGISTER FOR OR PARTICIPATE IN THE PROMOTION, PROVIDE ANY PERSONAL INFORMATION ON THE WEBSITE OR OTHERWISE USE THE WEBSITE. If you opt-in to receive information and promotions from Barona Resort & Casino, you will additionally be subject to the Privacy Policy of Barona Resort & Casino at http://www.barona.com/privacy. If you opt-in to receive information and promotions from a third party, you will additionally be subject to the Privacy Policy of such third party.

 

6. DISPUTES

 

THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SAN DIEGO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN DIEGO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

 

7. Winners List

 

For first name/last initial and city of winners, send an e-mail to SanDiego_Winners@TVScratchGames.com. E-mail must state BARONA $500 FRIDAYS WINNER REQUEST in subject line. E-mail must be received no later than seventy-two (72) hours after conclusion of a particular Friday Game; for the second chance random drawing, e-mail must be received by January 1, 2011 at 11:59 PM PT. A separate e-mail must be sent for the winners list for each Friday Game you are interested in and for the second chance random drawing. Game Provider may also post the winner information on Website but is under no obligation to do so.

 

8. Database Maintenance

 

Every Saturday and Sunday during the Promotion Period, from 10:00 PM PT to 11:59PM PT, the Website may be inaccessible for standard maintenance. The Game Provider also reserves the right to conduct additional maintenance at any time that it is needed (as determined by Game Provider, in its sole discretion). Players who access the Website while it is being maintained will be so informed and should try to access at a later time. If emergency maintenance is required during the Prize Claim Period for a given Friday Game, then the Prize Claim Period will be extended as Game Provider deems appropriate in its sole discretion so as to accommodate Players. Players will be notified of such circumstance via e-mail and/or on the Website.

 

9. Contact

 

Game Provider maintains a mailing address at:

 

Barona $500 Fridays
34145 Pacific Coast Highway - #751
Dana Point, CA 92629-2808

 

Game Provider can be reached via e-mail at: SanDiego_Player_Help@TVScratchGames.com

 

** Barona $500 Fridays™ is not endorsed, sponsored or in any way associated with the Wheel of Fortune or Jeopardy! television programs. The Wheel of Fortune or Jeopardy! program names are used herein solely for the purpose of more specifically pinpointing the time period on Fridays when the Barona Resort & Casino ad is scheduled to air on KNSD Channel 7 and when Players may participate in the Promotion.

  © 2010 Life Carrot, Inc. All rights reserved. Pat. Pend.