the legitimate operation of the Giveaway may be a violation of criminal and civil laws and Sponsor has the right to seek damages from any such person to the fullest extent permitted by law;  Sponsor’s failure to enforce any provision of the Rules shall not constitute a waiver of that provision;  in the event of any dispute or claim arising out of or connected with the Giveaway, the entrant and Sponsor shall make a good faith effort to resolve that dispute or claim through mediation facilitated by a neutral third party, at Sponsor’s expense;  in the event that the parties are unable to reach a resolution through mediation, the parties select the State and Federal Courts located in the State of New York, County of New York, as the exclusive forum in which the matter may be litigated;  any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway but in no event attorneys’ fees;  under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, where applicable.(SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES) and . all issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of the entrant, Sponsors and Promoters in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.
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