Read this section carefully
THIS SECTION REQUIRES YOU AND SPONSOR TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT BY FOLLOWING THE PROCEDURE IN SECTION 11.6 BEFORE SUBMITTING YOUR FIRST BRACKET ENTRY. OPT-OUT REQUESTS RECEIVED AFTER YOUR FIRST BRACKET ENTRY SHALL BE NULL AND VOID.
11. Binding Arbitration & Class Action Waiver
11.1You and Sponsor agree that any past, present, or future dispute, claim, or controversy arising out of or relating to the Contest, these Rules, or your use of the Site or the Pool Program (each, a “Dispute”), including any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Section 11, shall be resolved exclusively by final and binding individual arbitration, except as expressly set forth below. The Arbitrator shall have exclusive authority to resolve any threshold question concerning the arbitrability or scope of this Section 11.
11.2The arbitration shall be administered by JAMS (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and, where applicable, its Mass Arbitration Procedures and Guidelines (collectively, the “JAMS Rules”) in effect at the time the arbitration is initiated. The arbitration shall be conducted by a single arbitrator who is a practicing attorney or retired judge with at least ten (10) years of substantive experience in complex commercial disputes. The arbitration shall be seated in New York, New York; however, either party may elect to participate in any hearing remotely.
11.3The Federal Arbitration Act, 9 U.S.C. Sections 1 et seq., shall govern the interpretation and enforcement of this Section 11. To the extent state law applies, the parties agree that the substantive law of the State of Delaware, without regard to conflict-of-law principles, shall govern.
11.4Class Action Waiver.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SPONSOR EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL, OR MASS ACTION (other than a JAMS-administered Mass Arbitration as described in Section 11.5), AND EACH AGREES THAT ANY DISPUTE SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND ONLY FOR THE PARTY’S OWN LOSSES.
11.5Mass Arbitration. If twenty (20) or more substantially similar arbitration demands are filed against Sponsor by or with the assistance of the same law firm or coordinated group of law firms within a sixty (60)-day period, JAMS shall consolidate those demands into batches of no more than twenty-five (25) for an initial bellwether arbitration, followed by a single mediation, followed by additional batches of no more than one hundred (100), in each case as more particularly set forth in the JAMS Mass Arbitration Procedures and Guidelines. Sponsor reserves the right to opt out of Mass Arbitration in its sole discretion, in which case the affected claimants may proceed individually in a court of competent jurisdiction subject to Section 12.
11.6Opt-Out. You may opt out of this Section 11 by sending an email to mandemdao@gmail.com with the subject line “Arbitration Opt-Out” no later than the time you submit your first Bracket Entry, and including in the body of the email your full legal name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opt-out requests received after submission of your first Bracket Entry shall be null and void. Opting out of this Section 11 does not affect any other provision of these Rules.
11.7Carve-out for Equitable Relief.Notwithstanding Section 11.1, either party may bring an action in a court of competent jurisdiction solely to seek injunctive or equitable relief to prevent or stop the actual or threatened infringement, misappropriation, or violation of a party’s intellectual-property rights or breach of confidentiality obligations.
11.8Small Claims. Either party may bring an individual action in small-claims court to the extent the dispute is within the jurisdiction of that court.
11.9Arbitration Costs.The JAMS Rules in effect at the time of filing shall govern the payment of arbitration fees, except that you shall be responsible for no more than two hundred fifty U.S. dollars (US$250.00) in arbitration fees, with the balance (if any) borne by Sponsor. Each party shall bear its own attorneys’ fees, except as otherwise expressly required by applicable law or awarded by the Arbitrator.
11.10Arbitrator’s Authority.The Arbitrator may award any remedy that would be available in an individual lawsuit, except that the Arbitrator may not award (a) punitive or exemplary damages, or (b) any incidental, indirect, or consequential damages (including damages for lost profits). The Arbitrator’s award shall be in writing, signed by the Arbitrator, and shall include a concise statement of the reasons for the award.
11.11Confidentiality. Except as required by applicable law or to confirm or enforce an award, the existence and content of any arbitration proceeding under this Section 11, including any pleadings, evidence, transcripts, and award, shall be confidential.
11.12Severability of Class Waiver. If the class-action waiver in Section 11.4 is held to be unenforceable as to any Dispute, the unenforceable portion shall be severed from this Section 11 and litigated in the courts identified in Section 12, while the remainder of this Section 11 shall continue to apply to the maximum extent possible.
11.13Survival. This Section 11 shall survive the termination of your Account, your participation in the Contest, and the conclusion of the Contest.
12. Jury Waiver & Forum Selection
12.1To the extent any Dispute is not subject to arbitration under Section 11, the parties each irrevocably waive any right to a trial by jury and consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in the State of Delaware. The parties further waive any objection to the convenience of such forum.