Topps Trading Card Product Sweepstakes
Official Rules
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES.
MANY WILL ENTER, FEW WILL WIN.
Overview.
BY ATTEMPTING TO PARTICIPATE IN A TOPPS PRODUCT SWEEPSTAKES, YOU FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF TOPPS REGARDING A TOPPS PRODUCT SWEEPSTAKES, WHICH WILL BEFINAL AND BINDING.
PLEASE NOTE THAT THESE OFFICIAL RULES INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND TOPPS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS, FURTHER, BY ATTEMPTING TO PARTICIPATE IN A TOPPS PRODUCT SWEEPSTAKES AND, IN SO DOING, ACCEPTING THESE OFFICIAL RULES: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS FOR YOUR OWN LOSSES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATEd PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Eligibility.
Each Topps Product Sweepstakes is open only to U.S./Canadian (except Quebec) residents. Void where prohibited.
How to Enter.
For a chance to obtain a card of an Eligible Product, while supplies last: hand print your name, complete return address, and the full name of the Eligible Product as listed in the applicable Checklist on a 3 x 5 card and mail in a #10 envelope to:
TOPPS PRODUCT SWEEPSTAKES,
P.O. BOX 852168 ATTN: <<PRODUCT NAME>>,
MESQUITE, TX 75185.
Only one 3 x 5 card per envelope and only one Eligible Product per envelope will permitted. Envelopes received with multiple cards, listing multiple Eligible Products, missing information, or that are illegible may be rejected. Entries must be postmarked no later than 45 days after the Eligible Product release date as published on Topps.com. Drawings will occur on or about 60 days after the applicable release date.
Potential Canadian winners must also correctly answer the mathematical skill-testing question. Include on a 3 x 5 card the answer to the following skill-test question: 42 X 2 + 3 – 19 = ?
General Terms.
You are solely liable for any and all taxes on the value of any prize received and are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. No substitution, transfer or cash equivalent is permitted. Noncompliance with any of these Official Rules, in Topps’s sole discretion, will result in disqualification. Indemnified Parties (as defined below) assume no responsibility for incorrect, inaccurate, or late entry information whether caused by any human error or otherwise.
Topps reserves the right in its sole discretion to cancel, terminate, modify, or suspend any Topps Product Sweepstakes or these Official Rules for any reason, including if a Topps Product Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Topps which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Topps Product Sweepstakes or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of a Topps Product Sweepstakes in any jurisdiction.
THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES OR DISPUTES REGARDING A TOPPS PRODUCT SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN EACH TOPPS PRODUCT SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
You agree to indemnify and hold harmless the Topps and its licensor(s) and each of their respective affiliated companies, parents, subsidiaries, officers, directors, employees, agents, members, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) a Topps Product Sweepstakes, including your participation therein, and/or (b) any breach or violation of any representation, warranty, obligation or covenant made by you. Further, you agree to release all rights to bring any claim, action or proceeding against the Indemnified Parties, to release all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Topps Product Sweepstakes.
BY ENTERING A TOPPS PRODUCT SWEEPSTAKES, YOU RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM A TOPPS PRODUCT SWEEPSTAKES OR PARTICIPATION IN ANY TOPPS PRODUCT SWEEPSTAKES-RELATED ACTIVITY, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. IN NO EVENT WILL THE INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR PARTICIPATION IN A TOPPS PRODUCT SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EACH TOPPS PRODUCT SWEEPSTAKES, TOPPS.COM, AND ALL RELATED ACTIVITIES AND MATERIALS PROVIDED ON OR THROUGH A TOPPS PRODUCT SWEEPSTAKES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Dispute Resolution; Arbitration; Waiver of Jury Trial.
WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE OFFICIAL RULES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE AND CLAIMS OF MORE THAN ONE TOPPS PRODUCT SWEEPSTAKES PARTICIPANT CANNOT BE ARBITRATED TOGETHER OR CONSOLIDATED WITH THOSE OF ANY OTHER TOPPS PRODUCT SWEEPSTAKES PARTICIPANT. ACCORDINGLY, YOU WAIVE ALL CLAIMS BY AND ON BEHALF OF OTHER PERSONS, INCLUDING ACTIONS ASSERTING RIGHTS BY STATUTE OR OTHERWISE.
Scope of Arbitration Provision. You and Topps agree that any dispute, claim or controversy arising out of or relating to a Topps Product Sweepstakes or to these Official Rules (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Official Rules) (a “Dispute”), shall be determined by binding arbitration, including claims that arose before acceptance of any version of these Official Rules containing an arbitration provision.
In addition, in the event of any Dispute relating to the Official Rules—including validity, interpretation, enforceability, or arbitrability—were to be determined in arbitration under these arbitration provisions of these Official Rules, you and Topps agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, scope or validity of the arbitration agreement, or to the arbitrability of the claims or counterclaims presented as part of the Dispute.
The parties acknowledge that the agreement in this section to arbitrate any Disputes on an individual and case-by-case basis is a separate agreement for purposes of the Federal Arbitration Act in addition to the Official Rules. The alleged invalidity of the Official Rules shall have no effect upon the validity of our mutual agreement to arbitrate any Disputes under this section. In addition, if any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of these Official Rules. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Topps at 95 Morton Street, 4th Floor, New York, NY 10014, ATTN: Legal Department. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures currently available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, currently available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also currently available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Topps may pay them for you. In addition, Topps will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Waiver of Jury Trial. YOU AND TOPPS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Topps are instead electing that all claims and disputes shall be resolved by arbitration.
An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Official Rules as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.