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passport, voting card or similar government issued identification. Return of any Prize/Prize notification as
undeliverable may result in forfeiture.
11. LIMITED TIME ONLY/PROMOTION PERIOD. The Promotion Period commences on September 1, 2015
and ends on September 11, 2015.
12. WINNERS LIST. To receive a list of winners, send a self addressed stamped envelope, together with the
name of the Promotion, to: ThinkEco, Inc., 120 E 23rd St., 5th Floor, New York, NY 10010.
13. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the
responsibility of the Prize winner. Company reserves the right to withhold taxes from the winning Prize, as
appropriate.
14. NO SUBSTITUTION OF PRIZES. No substitution or transfer of the Prize will be accommodated or
permitted, other than at Company's sole discretion.
15. PUBLICATION. Acceptance of any Prize constitutes permission for Company to use winner's name and
likenesses for advertising and promotional purposes without further compensation, excluding residents of
the State of Tennessee and where otherwise prohibited by law.
16. RELEASE. By entering the Promotion, each contestant agrees to release and hold harmless the
Company and its legal representatives, affiliates, subsidiaries, parents, agencies and their respective
officers, directors, employees and agents from any and all liability for any injuries, loss or damage of any
kind arising from, or in connection with, the Promotion or any Prize won. Restrictions, conditions, and
limitations apply. By entering, each contestant further agrees that, in the event there is any conflict or
other inconsistency between these Rules and any advertisements, promotional or marketing materials, emails, or announcements relevant to the Promotion, these Rules will govern.
17. DISQUALIFICATION. The Company, its legal representatives, affiliates, subsidiaries, parents, agencies
and their respective officers, directors, employees and agents, are not responsible for lost, interrupted or
unavailable network server or other connections, miscommunications, failed telephone or computer
transmissions or technical failure, lost e-mail entries, lost mail-in entries, jumbled, scrambled or
misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons
found tampering with or abusing any aspect of the Promotion, as solely determined by Company, will be
disqualified. If disqualified for any of the above reasons, Company reserves the right to terminate
contestant's eligibility to participate in the Promotion. In the event that any portion of the Promotion is
compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of
Company which, in the sole opinion of Company, corrupts, or impairs the administration, security, fairness
or proper play of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate
the Promotion or any part of the Promotion. The Company and its legal representatives, affiliates,
subsidiaries, parents, agencies and their respective officers, directors, employees and agents are not
responsible for any problem with entries generated by computer hardware or software malfunction, error or
failure, whatever the cause. Companys sole responsibility for any irregular entry is replacement with
another entry. Potential winners may be required to provide the Company with proof that the potential
winner is the authorized account holder of the e-mail address associated with the potential winning entry.
18. LEGAL WARNING. Any attempt by any individual, whether or not a contestant, to damage, destroy,
tamper with or vandalize the Registration Website, or otherwise interfere with the operation of the
Promotion, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in
this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
19. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION. These Rules shall be treated as
though they were executed and performed in New York, NY, and these Rules and the Promotion shall be
governed by and construed in accordance with the laws of the State of New York (without regard to conflict
of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of
these Rules or the breach of same by any party hereto: (a) the parties agree to submit their
dispute for resolution by arbitration before the American Arbitration Association in New York,
NY, in accordance with the then current Commercial Arbitration rules of the American
Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by
completing
and
submitting
an
Initial
Dispute
Notice
which
can
be
found
at
[http://www.thinkecoinc.com/wpcontent/uploads/2014/05/ThinkEcoInitialDisputeNotice00113210.doc]. We may choose to
provide you with a final written settlement offer after receiving your Initial Dispute Notice
(Final Settlement Offer). If we provide you with a Final Settlement Offer and you do not
accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your
dispute for resolution by arbitration before a reputable arbitration organization as mutually
agreed upon by the parties, in your county of residence, by filing a separate Demand for
Arbitration,
which
is
available
at
[http://www.thinkecoinc.com/wpcontent/uploads/2014/05/ThinkEcoDemandforArbitration00113209.doc].
For claims of Ten
Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in
person, by telephone or based only on submissions. If the arbitrator awards you relief that is
greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator
fees associated with the arbitration and, if you retained an attorney to represent you in
connection with the arbitration, we will reimburse any reasonable attorneys fees that your
attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award
rendered shall be final and conclusive to the parties and a judgment thereon may be entered in
any court of competent jurisdiction. Nothing contained herein shall be construed to preclude
any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in
arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration.
Although we may have a right to an award of attorneys fees and expenses if we prevail in
arbitration, we will not seek such an award from you unless the arbitrator determines that your
claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class
action lawsuit as to any claim, dispute or controversy that you may have against Company
and/or its employees, officers, directors, members, representatives and/or assigns. You agree
to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the
suit. You agree to pay the attorneys fees and court costs that Company incurs in seeking such
relief. This provision preventing you from bringing, joining or participating in class action
lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim
individually and not as a class action in binding arbitration as provided above; and (ii) is an
independent agreement. You may opt-out of these dispute resolution provisions by providing
written notice of your decision within thirty (30) days of the date that you first submit an entry
in connection with the Promotion.
20. INDEMNIFICATION. Each contestant agrees to release, indemnify and hold Company as well as its
legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers,
directors, employees and agents, harmless from and against any and all claims, expenses (including
reasonable attorneys fees, costs and settlement costs), damages, suits, costs, demands and/or judgments
whatsoever, made by any third party due to or arising out of contestants: (a) use of the Promotion, the
Product, the mymodlet.com website and/or any other Registration Website; (b) breach of these Rules;
and/or (c) violation of any rights of another individual and/or entity. The provisions of this paragraph are
for the benefit of Company and its legal representatives, affiliates, subsidiaries, parents, agencies and their
respective members, officers, directors, employees and agents. Each of these individuals and entities shall
have the right to assert and enforce these provisions directly against you on its own behalf.