PIVOTAL ESSAY CONTEST OFFICIAL RULES ("Official Rules")
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
- A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES CONTAIN A RELEASE OF LIABILITY IN SECTION 13, VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTION 14, AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 18.
BY AGREEING TO THE OFFICIAL RULES, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
1. DESCRIPTION: PIVOTAL ESSAY CONTEST
PIVOTAL ESSAY CONTEST (the "Contest") is promoted and sponsored by the Pivotal Essay Contest LLC, a project of the Players Philanthropy Fund ("Sponsor") and is administered by the Players Philanthropy Fund ("Administrator").
Participants may enter the Contest beginning at 12:00 AM GMT (UTC +0) on August, 10th 2023 and must enter by 11:59 PM in the timezone of their country of residence on October, 17th 2023 (the "Contest Period"). The contest is void where prohibited or restricted by law, is subject to applicable federal, state, provincial, territorial and local statutes, rules, codes of practice, regulations, guidance from regulatory bodies and other laws ( each a "Law" and collectively the "Laws"), and is governed by these Official Rules.
The Sponsor reserves the right to increase the Contest Period in its sole discretion.
2. ACCEPTANCE OF THE OFFICIAL RULES; SITE POLICIES; LAWS
By entering the Contest, each entrant accepts and agrees to comply with and abide by these Official Rules and by the decisions of the Sponsor, which shall be final and binding on all matters pertaining to the Contest.
Participation in the Contest is also governed by the terms and policies pertaining to the Privacy Policy (the "Privacy Policy"), which can be found on the Contest website: https://pivotalcontest.org ("Contest Site") at https://pivotalcontest.org/privacy. In the event of an inconsistency between the Privacy Policy or any Contest promotional materials and the terms and conditions of these Official rules, these Official Rules shall prevail and govern with respect to any matter pertaining to the Contest. By entering the Contest, each entrant also agrees to comply with any and all applicable Laws in connection with his or her participation in the Contest. Entry in the Contest does not constitute entry into any other promotion, sweepstakes, or contest.
3. ELIGIBILITY
- A. The Contest is open to any natural person who meets all the following eligibility requirements:
- i. The entrant is a legal resident of the fifty (50) United States or the District of Columbia (but not Puerto Rico), Canada (excluding the province of Quebec), or the United Kingdom, or any other jurisdiction where participation is permitted by Law. The entrant's eligibility to win cannot be guaranteed under local Laws by the Contest. If an entrant is not eligible for a prize pursuant to local Laws, no prize will be awarded to that entrant.
- ii. The entrant is at least thirteen (13) years and at most eighteen (19) years of age at the time of entry and has not started tertiary education. The Contest reserves the right to exceptionally accept students in its sole discretion.
- iii. The entrant is enrolled as a full-time or part-time student in a public school, private school, registered homeschool, or a legally recognized educational institution (each, an "Educational Institution") during the 2022-2023 academic year or will be during the 2023-2024 academic year. The Sponsor has the sole authority to determine whether an organization constitutes an Educational Institution under these Official Rules. For questions regarding whether an institution qualifies as an Education Institution under these Official Rules, please contact legal@pivotalcontest.org. Verification of enrollment in an Educational Institution may be required for winning entrants
- iv. The entrant has access to the internet.
- B. Additionally, an individual who meets any of the following criteria are NOT eligible to enter the Contest:
- i. The individual is an officer, director, or employee, agent or representative of the Contest Entities, or the immediate family member, regardless of where they reside, and/or household members of such persons. “Contest Entities” means the Sponsor, Administrator, Prize Provider (as defined below), and their respective parent companies, subsidiaries, and affiliates, as well as any other prize providers, promotional partners, advertising/marketing agencies, and any other company or organization involved in the design, promotion, sponsorship, or execution of the Contest. "Immediate family members" shall mean a person’s spouse and a person’s and their spouse’s parents, stepparents, legal guardians, children, stepchildren, siblings, and step-siblings, and each of their respective spouses. "Household members" shall mean those people who share the same residence, whether related or not.
- ii. The individual or the Educational Institution in which the individual is enrolled is
- (a) named on the List of Specially Designated Nationals https://www.treasury.gov/sdn or named on any other U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) Sanctions List, or directly or indirectly owned or controlled by any such person; and
- (b) a resident of or located in any country or territory against which the United States of America maintains comprehensive sanctions (such as, Cuba, Iran, Syria, North Korea and the Crimea Region of the Ukraine) or any other country or territory that is otherwise prohibited by Law, treaty or administrative act from entering into trade relations with the United States of America or its citizens, or directly or indirectly owned or controlled by any governmental entity of the foregoing countries or territories.
4. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN
To enter the Contest, each entrant must register on the "Submission Portal" at https://portal.pivotalcontest.org to submit an Entry.
A completed Entry will include, in addition to all other materials and information requested on the "Submission Portal":
- A. A written essay in response to a prompt posted on the Contest Site. The essay must be written in English and constitute of no more than two thousand (2,000) words in length (excluding footnotes, end-notes, diagrams, tables of data and/or citations), and in either PDF, DOCX, or ODT format. The body of the essay must not contain any identifying information about the entrant, including the entrant's name, email address, or Educational Institution.
- B. Entries that do not meet these requirements may be disqualified, at the sole discretion of the Judges.
5. ADDITIONAL ENTRY REQUIREMENTS; REPRESENTATIONS BY ENTRANTS
- A. All entries must be received by the end of the Contest Period. Entries will not be acknowledged or returned. Proof of transmission of an Entry does not constitute proof that it was received. Incomplete, unreadable, late, corrupt, or unintelligible Entries are void and will be disqualified.
- B. Limit of one (1) entry per person.
- C. In the event of a dispute regarding the identity or eligibility of an entrant, the entrant will be deemed to be the "Authorized Account Holder" of the email address associated with the account used to submit the Entry, provided he/she is eligible according to these Official Rules. The "Authorized Account Holder" is defined as the natural person to whom the applicable service provider or other organization (such as a business or educational institution) has assigned the email address. An entrant may not use multiple email accounts to enter, and if an entrant does so, all of such entrant’s Entries may be disqualified.
- D. Each Entry, including the information provided on the Submission Portal and all other writings, works of
authorship, data, information, content and other materials included in the entry must comply with the following:
- i. It must be entirely the original work of the individual entrant.
- ii The essay in the Entry must respond to one of the essay prompts posted on the Contest Site. Essays that do not respond to one of the essay prompts may not be judged.
- iii. It must not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights or other proprietary rights of any third party.
- iv. All information provided in the Entry must be true, accurate, and correct in all respects.
- v. It must comply with the Official Rules and all applicable Laws.
- vi. It must be suitable for publication to a general audience and must not contain anything that:
- (1) is illegal, abusive, tortious, defamatory, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
- (2) promotes discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or age;
- (3) promotes violence or unsafe or illegal activity;
- (4) is threatening, harassing, or degrading;
- (5) serves to impersonate any person or entity or misrepresent affiliation with any person or entity; or
- (6) disparages or injures the reputation or goodwill of the Sponsor, Administrator, Prize Provider, or any of their respective officers, directors, employees, products, or services.
- E. Entries that do not comply with these requirements (as determined by the Sponsor in its sole discretion) are void and will be disqualified. Entrants may be required to submit proof of compliance with these requirements, and failure to provide such proof on request may, in the Sponsor’s sole discretion, disqualify an entrant’s Entry.
- F. Neither submission of an Entry nor any other participation in the Contest creates any confidential, fiduciary, agency, employment, or other relationship or contract between the Sponsor, Administrator, or Prize Provider and any entrant, and by submitting an Entry each entrant acknowledges that no such relationship or contract exists.
- G. By entering the Contest, each entrant represents and warrants to the Sponsor that:
- i. The entrant’s Entry meets all the requirements in this Section 5;
- ii. The entrant meets all the eligibility requirements for the Contest; and
- iii. The entrant has complied with these Official Rules and all applicable Laws in entering and participating in the Contest.
6. JUDGING PROCESS AND WINNER DETERMINATION
- A. Winners: Fifty (50) Entries "of distinction" (each, a "Finalist" and collectively, the "Finalists") will be selected from among all eligible Entries received during the Contest Period. Among the Finalists, three (3) Entries (each, a "Winner" and collectively the "Winners") will be selected. From the Winners, one (1) Entry will be selected as the first place Winner, one (1) Entry will be selected as the second place Winner, and one (1) Entry will be selected as the third place Winner.
- B. Judging Period: The Winners will be selected between the end of the Contest Period and on or about November 1, 2023 (the "Judging Period"). The Sponsor reserves the right to extend the Judging Period in its sole discretion.
- C. Judges: Eligible Entries will be judged by a group of judges consisting of appointed graders (which may include staff at the Global Priorities Institute at Oxford University, founders of Pivotal Essay Contest LLC and others) (the "Judges").
- D. Judging Process: There will be three (3) rounds of judging:
- Round 1: Judges will judge the essays by blind grading and select fifty (50) Entries from among all eligible Entries received during the Contest Period to become Finalists and advance to Round 2.
- Round 2: Judges will grade Finalists by blind grading and select three (3) Entries to become Winners and advance to Round 3.
- Round 3: Judges will grade Winners by blind grading and select one (1) Entry as the first place Winner, one (1) Entry as the second place Winner, and one (1) Entry as the third place Winner.
- E. Criteria: The Judges will make their decisions using a proprietary scoring system based on the following criteria: originality, knowledge, relevant understanding of the material, writing style, quality of argumentation, depth and sophistication of analysis, etc.
7. PRIZES
- A. All participants with at least 50% of marks, as determined by our proprietary scoring system, will receive an official certificate of participation issued by the Contest.
- B. Finalists will receive a certificate of appropriate recognition and the option to choose a reward of ten (10) books from a collection of texts curated by the Contest.
- C. One (1) third place Winner will receive a certificate of appropriate recognition and a cash prize of $3,000.
- D. One (1) second place Winner will receive a certificate of appropriate recognition and a cash prize of $7,000.
- E. One (1) first place Winner will receive a certificate of appropriate recognition and a cash prize of $15,000.
- F. The value of all the cash prizes to be awarded in the Contest will be a minimum of $25,000. All prizes are awarded in US Dollars (USD) and all sums herein refer to USD amounts. The Sponsor may choose to increase the number and nature of prizes available in its sole discretion and such change will be announced on the Contest Site.
- G. 5% of the best participants, as determined by their marks, will be invited in an online community (the “Pivotal Circle”), in which they will be offered opportunities to network with other students.
In the Winner’s response to the Prize Notification (defined below), the Winner of any monetary prize may express a preference, and the Administrator shall use reasonable efforts to accommodate such preference, for the prize to be provided in one of the following forms:
- i. Administrator will send the prize money to the Winner’s nonprofit Educational Institution; or
- ii. Administrator will deposit the prize money in an educational expense account in the Winner’s name (e.g. a 529 plan in the United States or a Registered Education Savings Plan (RESP) in Canada); or
- iii. Administrator will send the Winner a prepaid debit card with the prize money pre-loaded onto the card, which the Winner may use for any purpose, provided that if the Winner is a minor in his or her jurisdiction of residence at the time of entry, the prepaid debit card must not be used to purchase alcohol, drugs, or any other items that may not be purchased by a minor in such jurisdiction under applicable Laws. Administrator retains the right to monitor and review the transaction history of such debit card.
Debit cards may only be used at participating businesses. Each entrant acknowledges that acceptance and use of any debit card prize are subject to all eligibility criteria, expiration dates, service or dormancy fees, use restrictions, and all other terms and conditions (if any) imposed by the issuer or provider of any such prize. Neither Sponsor, Administrator, nor Prize Provider, nor any of their respective parents, subsidiaries, or affiliates, is the issuer or provider of any such debit card prize, and none of them is responsible for establishing those terms and conditions, for disclosing or explaining any of those terms and conditions to the entrants, or for any Winner’s failure to comply with any of them. If a Winner does not comply with all of those terms and conditions, or if a Winner does not have access to a participating location, the Winner may not be able to obtain the maximum value, or any value, from his or her prize.
8. GENERAL PRIZE CONDITIONS
All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by the Sponsor in its sole discretion. The awarding of prizes is not intended to, and shall not be deemed to, create any employment or similar contract or relationship between Sponsor, Administrator, or Prize Provider and any Winner. No prize is exchangeable, assignable, or otherwise transferable, except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute for any prize one or more items or services of equal or greater value in its sole discretion. The value of each prize may be taxable to each Winner as income. For US residents: An IRS Form 1099 will be issued by the Administrator in the name of each Winner for the value of the prize(s) received. Each Winner shall be solely responsible for all federal, state, provincial, territorial and/or local taxes (including income, VAT, customs duties, and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable prize(s), and for any other liabilities incurred in connection with any prize.
9. WINNER NOTIFICATION AND PRIZE CLAIM
Within five (5) working days of the conclusion of the Judging Period, each potential Winner will receive a notification email from the Administrator (a “Prize Notification”) sent to the email address indicated by each potential Winner in their applicable winning Entry. Each potential Winner will have ten (10) working days to respond in writing (including by email) to the Prize Notification once it has been sent to the potential Winner, including providing any requisite information to accept their prizes. Sponsor Administrator, and Prize Provider shall have no liability for any Prize Notification that is lost, intercepted, or not received by a potential Winner for any reason. In order to claim a prize, each potential Winner may be required to verify for Sponsor his or her permanent address and social security or taxpayer identification number, and complete any requested tax reporting forms, for purposes of compliance with tax regulations, including by completing an IRS Form W9 or W8-BEN for US residents. Upon Sponsor’s or Administrator’s request, each potential Winner must also execute and return, where legally permissible, a declaration of eligibility, a declaration of compliance with Contest Rules, a liability release, and/or a publicity release. If a potential Winner is found to be ineligible, has not complied with these Official Rules, or declines the prize(s) for any reason prior to being awarded, such potential Winner will be disqualified and forfeit his or her prize, and Sponsor may allocate the prize to an alternate potential Winner from the pool of remaining entrants based on the Judging Criteria described in these Official Rules. Sponsor may successively attempt to contact up to five (5) potential Winners in accordance with such procedure, and if there is still no confirmed Winner of a prize after such attempts have been made, Sponsor may announce an alternate means for awarding that prize. The distribution of the prize(s) will be at the sole determination of the Sponsor to the individuals deemed to have won the Contest by the Sponsor in accordance with these Official Rules.
10. USE OF PERSONAL DATA
All personal information collected by or on behalf of Sponsor (including without limitation, an entrant’s name, biographical data, and city and state/province of residence) may be used for the administration of the Contest and, except as stated in these Official Rules, in accordance with the Sponsor’s Privacy Policy. Please refer to the Privacy Policy for important information regarding the collection, use, and disclosure of personal information by Sponsor. In addition, except to the extent prohibited by Law, each Winner grants to Sponsor and each of its respective designees the right to publicize such Winner's name and address (city and state/province of residence), photo (if provided), and prize information in connection with the Contest, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission. If an entrant objects to the publication or making available of their name, address (city and state/province of residence), photo (if provided), and prize information, the entrant must contact the Sponsor at legal@pivotalcontest.org. In such circumstances, the Sponsor may still provide the information and winning Entry to third parties (e.g. regulators) where required by applicable Law, such as for tax reporting purposes or to show that a valid award took place.
11. RELEASE OF LIABILITY
By entering the Contest, each entrant (a) agrees that neither the Contest Entities, nor any advertising or social media platform, such as Facebook or Twitter, on which the Contest is advertised or through which it is accessed, shall be responsible for, and (b) to the maximum extent permitted by Law, releases and holds harmless the Contest Entities and each such advertising or social media platform from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from:
- i. participation in the Contest;
- ii. any breach or other violation by such entrant of these Official Rules, the Privacy Policy, or applicable Law;
- iii. the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize);
- iv. any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by an entrant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Contest;
- v. any damage to an entrant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Contest Site or participating in the Contest;
- vi. miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message);
- vii. for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature;
- viii. any Entry, email, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged;
- ix. any use of an entrant’s personal information and Entries as permitted under these Official Rules; or
- x. any other events beyond Sponsor’s reasonable control.
The foregoing release does not include claims, injuries, damages, liabilities, costs, expenses, or losses related to personal injury, death, or damage to or loss of property of an entrant to the extent that such claims or losses occur, directly or indirectly, in whole or in part, from the negligence of one or more of the Contest Entities.
12. LIMITATION OF LIABILITY
NO SPONSOR, ADMINISTRATOR, PRIZE PROVIDER, OR ANY OTHER CONTEST ENTITY, SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, ANY PRIZE, OR THESE OFFICIAL RULES, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH CONTEST ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL PRIZES ARE GIVEN AWAY “AS IS.” THE CONTEST ENTITIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY (OR SATISFACTORY QUALITY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE CONTEST OR ANY PRIZE.
13. DISQUALIFICATION
Sponsor reserves the right in its sole discretion to disqualify any entrant who Sponsor finds, in its sole discretion, to be tampering with the participation process or the operation of the Contest or the Contest Site, to be acting in violation of these Official Rules, to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by Law.
14. TERMINATION/MODIFICATION
Sponsor shall have the right to modify, suspend, or terminate the Contest, it its sole discretion, at any time for any reason and without prior individual notice, including without limitation as a result of natural disaster, equipment failure, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/ bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Contest, or other causes not within the control of the Sponsor. In addition, if, in the exclusive judgment of Sponsor, the Contest (or any portion thereof) becomes compromised in any way, or the Contest does not run as contemplated by the Sponsor, Sponsor reserves the right, in its sole discretion, to cancel any method of entry, to void any Entries submitted fraudulently, to modify or cancel the Contest, and/or to select Winners from among all non-suspect eligible Entries received prior to the act that compromised the contest. Should the Contest ever be terminated prior to the Winner selection, Sponsor will post a notice on the Contest Site and will make alternate arrangements to award the prizes. Sponsor reserves the right to make changes in these Official Rules in its sole discretion. Any such changes will become effective upon notice via online posting at the Contest Site or other means of wide dissemination, entrants will be notified of any major changes in the contest at the Sponsor's discretion..
15. INTERPRETATION
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
16. DISPUTES
- A. All disputes concerning the Contest, the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each entrant and any Contest Entity in connection with these Official Rules or the Contest shall be governed by, and construed in accordance with, the Laws of the State of California and applicable United States federal Law, without giving effect to any choice of law or conflict of law rules that would cause the application of the Laws of any other jurisdiction.
- B. Except where prohibited, by participating in the Contest, each entrant agrees that any and all disputes the entrant may have with, or claims the entrant may have against, the Contest Entities, relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (“JAMS”) and conducted pursuant to the then-current Streamlined Arbitration Rules & Procedures established by JAMS (“JAMS Rules”), except that the entrant may assert claims in small claims court if those claims qualify under applicable Law. If JAMS Rules conflict with any portion of these Official Rules, the Official Rules shall control. The entrant and applicable Contest Entity(ies) shall mutually agree on a neutral arbitrator, provided that if such parties cannot agree on an arbitrator within ten (10) days, then JAMS will choose the arbitrator. For more information on JAMS and/or the JAMS Rules, please visit their website at https://www.jamsadr.com/rules-streamlined-arbitration/.
- C. The Federal Rules of Evidence and Civil Procedure will govern the arbitration proceedings, including a right to discovery to the same extent set forth in the Federal Rules of Civil Procedure (as ultimately determined by the arbitrator). The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by these Official Rules, including without limitation injunctive or declaratory relief, specific performance, damages, and cancellation of these Official Rules. In the event that the entrant does not prevail, the arbitrator may not award the prevailing party its costs.
- D. Unless the entrant opts-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the scope, applicability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, and court review of arbitration awards is limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow these Official Rules, as a court would. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
- E. The arbitrator’s decision shall be controlled by the applicable Law stated above and terms and conditions of these Official Rules and any of the other policies or agreements referenced herein that the applicable entrant may have entered into in connection with the Contest. To the extent permitted by Law, any such dispute or claim shall not be combined or consolidated with any dispute or claim of another person against the Sponsor, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any part of this Section 18 (Disputes) is deemed to be invalid or otherwise unenforceable or illegal, the balance of this section shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. For entrants who are residents of the United Kingdom or Canada, the requirement to arbitrate disputes in this Section 18 shall be non-exclusive.
- F. The arbitration of any claims or disputes hereunder shall be conducted in San Francisco, California, except that the arbitration may be conducted in the county or parish of the entrant’s primary residence. The entrant or any Contest Entity also may choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) will be governed by JAMS’ rules, including the JAMS Consumer Arbitration Minimum Standards.
- G. BY PARTICIPATING IN THE CONTEST, THE ENTRANT SPECIFICALLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN SECTION 18(A) ABOVE, AND WAIVES THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, THE ENTRANT HEREBY AGREES TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION 18(A) ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN SECTIONS 18(B) TO 18( F) ABOVE.
- H. The entrant may opt-out of Sections 18(A)-(G) by sending a notice (“Rejection Notice”) to Sponsor no later than twenty (20) days after the entrant’s submission of an Entry. The entrant must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to Sponsor and Administrator at Players Philanthropy Fund, 1122 Kenilworth Drive #201, Towson, MD 21204. In the event of any dispute concerning whether the entrant has provided a Rejection Notice within sixty (60) days, the entrant must provide a signed receipt confirming Sponsor received the Rejection Notice within sixty (60) days.
- I. To the extent that a dispute is not subject to arbitration under this Section 18, such dispute may be resolved through an action brought in the appropriate state or federal court located in San Francisco, California, USA; and the entrant and the Contest Entities irrevocably consent to the jurisdiction and venue of such courts for the adjudication of any non-arbitrable claims and waive any objection to such courts on any basis, including without limitation inconvenience of the forum.
17. SPONSOR
The Sponsor of the Contest is the Pivotal Essay Contest, a project of the Players Philanthropy Fund, with offices at 1122 Kenilworth Drive #201, Towson, MD 21204. The Contest is administered by Players Philanthropy Fund, with offices at 1122 Kenilworth Drive #201, Towson, MD 21204. For questions about the Contest, please contact support@pivotalcontest.org or Attn: Pivotal Essay Contest, Players Philanthropy Fund, 1122 Kenilworth Drive #201, Towson, MD 21204.
18. PRIZE PROVIDER
The prizes for the Contest as described in these Official Rules are made possible by Open Philanthropy ("Prize Provider"). Prize Provider and other prize suppliers (other than Sponsors) are not sponsors of the Contest and shall have no obligation, responsibility or liability to any Entrant in connection with the Contest.
19. NO ENDORSEMENT
Nothing contained in these Official Rules or in any of the Contest materials should be construed as an endorsement by Sponsor of any third party, product, or service.
20. SOCIAL MEDIA PLATFORMS
The Contest may be advertised on or accessed through one or more social media platforms, such as Facebook or Twitter. However, the Contest is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. entrants agree to comply with all terms and policies governing such platforms in connection with the Contest.
21. WINNERS LIST/OFFICIAL RULES
To obtain written notice of the Winners for the Contest, send a self-addressed stamped envelope (Vermont residents may omit the return postage) to Attn: Pivotal Essay Contest, Players Philanthropy Fund, 1122 Kenilworth Drive #201, Towson, MD 21204 or send an email to support@pivotalcontest.org. All such requests must refer to the Contest and be received no later than six (6) months after the end of the Contest Period. These Official Rules will be posted on the Contest Site during the Contest Period and for at least two (2) weeks after that.