MAXX LIFE STORIES CONTEST OFFICIAL RULES

Transcription

1 MAXX LIFE STORIES CONTEST OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND D.C. WHO ARE AT LEAST 18 YEARS OLD AND HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE. VOID WHERE PROHIBITED. U.S. PROMOTION LAWS GOVERN THIS CONTEST. 1. CONTEST DESCRIPTION AND ENTRY PERIODS: The Maxx Life Stories Contest (the Contest ) consists of five (5) independent contests, each based on a different creative theme (each contest, a Themed Contest ), as described in further detail below. The entry period for each Themed Contest (each an Entry Period ) is specified in Section 4 below. As described in more detail below, the Contest will be conducted as follows: (a) each entrant must submit during an Entry Period either a video recording (a Video ) or a written essay accompanied by photograph (the essay and photograph, collectively, an Essay ) that addresses the theme applicable to the Entry Period during which the Video or Essay is submitted (the Theme ), (b) eligible Videos and Essays (each a Submission and collectively Submissions ) received by the end of the applicable Entry Period will be entered into the corresponding Themed Contest, (c) with respect to each Entry Period, Sponsor will select one (1) winner (each a Winner ) from among all eligible entries received during such Entry Period, and (e) each Winner will be notified and verified as described in Section SPONSOR: The Contest is sponsored by T.J.Maxx, a division of the TJX Companies, Inc. 770 Cochituate Road, Framingham, MA ( Sponsor ). This contest is in no way sponsored or administered by, associated with, Facebook or Tumblr. 3. ELIGIBILITY: THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT THE TIME OF ENTRY. Officers, directors and employees of Sponsor, any of Sponsor s parent, subsidiaries and affiliated companies, any of Sponsor s suppliers, vendors, distributors, retailers, sales representatives, advertising, promotional and judging agencies or any entity engaged in the development or execution of the contest (collectively, the Contest Parties ), and members of the immediate family (i.e., parent, child, sibling, and spouse) or household of any such officer, director or employee (whether related or not), are not eligible to participate. This Contest is void in Puerto Rico, all U.S. territories and possessions and where otherwise prohibited by law. 4. IMPORTANT DATES AND DEADLINES: The following are the anticipated Themes and the corresponding Entry Periods (subject to adjustment as described in Section 13). Sponsor reserves the right to change the Theme for any Themed Contest in advance of the Entry Period for that Themed Contest. In the event of a change to a Theme, the change will be posted on the Contest Sites (as described below). Creative Theme Entry Period Family 12:00 p.m. Eastern Time ( ET ) on 3/2/2015-8:59 a.m. ET on 3/23/2015 Friendship 9:00 a.m. ET on 3/23/2015-8:59 a.m. ET on 5/20/2015 Work Day 9:00 a.m. ET on 5/20/2015-8:59 a.m. ET on 7/20/2015 Celebration 9:00 a.m. ET on 7/20/2015-8:59 a.m. ET on 9/21/2015

2 You/Renewal 9:00 a.m. ET on 9/21/2015-8:59 p.m. ET on 11/16/ HOW TO ENTER: NO PURCHASE IS NECESSARY AND NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. There are two different ways to enter the Contest. Regardless of the method used to enter, each Submission must comply with the Submission Requirements set forth in Section 6. There is a limit of one (1) entry per person per calendar day during each Entry Period regardless of entry method. Each entry must include a unique Submission. Do not enter a Submission more than once. Entrants are encouraged, but not required, to depict or mention at least one (1) item from T.J.Maxx in the Submission. Each Submission must address the theme applicable to the Entry Period during which the Submission was submitted. Entry Via Facebook: Access the Contest app on the T.J.Maxx Brand Page on Facebook located at (the Facebook Site ) and follow the instructions to complete the entry form and upload your Submission to the Facebook Site. You must complete and submit the entry form as instructed to be eligible. Once you complete the entry form and upload your Submission, you will be entered into the applicable Themed Contest. Entry Via Tumblr: Access the Contest app on the T.J.Maxx Brand Page on Tumblr located at (the Tumblr Site ) and follow the instructions to complete the entry form and upload your Submission to the Tumblr Site. You must complete and submit the entry form as instructed to be eligible. Once you complete the entry form and upload your Submission, you will be entered into the applicable Themed Contest. Submissions must be received by the end of the applicable Entry Period to be entered into the corresponding Themed Contest. Submissions during one Entry Period do not roll over into subsequent Entry Periods. Sponsor s computer is the official timekeeper for the Contest. All entry information becomes the property of Sponsor and will not be acknowledged or returned. In the event of a dispute over the identity of an entrant, the entry will be declared made by the authorized holder of the address submitted at the time of entry, and the entrant may be required to provide identification sufficient to show that he/she is the authorized account holder of such address. Proof of submission of entry does not constitute proof of delivery or entry. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or contest service) will be disqualified and transmissions from these or related or IP addresses may be blocked. Sponsor or its designee(s) will review all Submissions received and will have the right to disqualify any Submission that appears not to have been submitted in conformance with these Official Rules, including, but not limited to, the Submission Requirements, as determined by the Sponsor in its sole discretion. In addition, Sponsor shall have the right in its discretion to modify any Submission or any component thereof (including, without limitation, any text provided by an entrant in connection with a Submission) prior to posting such Submission on the Facebook Site or Tumblr Site or any Contest-related website operated by Sponsor (collectively, the Contest Sites ). If Sponsor elects to post any Submissions on the Contest Sites, the posting is not a definitive determination that the entrant who submitted such Submission is eligible for the Contest or has complied fully with the Official Rules. 6. SUBMISSION REQUIREMENTS: Regardless of the method of entry, each Submission must comply with the following Submission Requirements : (a) if the Submission depicts or identifies or uses the voice of any person other than the entrant, the entrant must obtain written permission from each such person (or such person s parent or legal guardian, if the person is a minor) to the identification or depiction

3 of such person in the Submission and the use of the Submission by the Licensees (as defined in Section 10) as permitted hereunder; (b) if the Submission or any component thereof is owned in whole or part by anyone other than the entrant (for example, if the Submission was created by a photographer other than the entrant), the entrant shall, prior to entry, obtain consent from the owner of such materials for the Submission to be entered in the Contest and used by the Licensees as permitted hereunder; (c) the Submission must not have been entered in any other contest or considered for any award; (d) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful or in violation of or contrary to any applicable laws or regulations, or whose use by the Licensees would require the Licensees to obtain a license or permission from any third party; and (e) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or for posting on the Contest. Sponsor will have the right in its discretion to disqualify any Submission that Sponsor determines violates the Submission Requirements. 7. SELECTION, NOTIFICATION AND VERIFICATION OF WINNERS: Selection of Winners: Following the conclusion of each Entry Period, judges designated by Sponsor will select one (1) potential winner from among all Submissions received during such Entry Period based on the following judging criteria, weighted as indicated: extent to which the Submission relates to the applicable theme (30%), incorporation of an item of apparel or household goods that inspires the entrant s story (30%) and overall impression (40%). In the event of a tie, the tie will be broken based on the overall impression criterion. Notification and Verification of Winners: Sponsor will attempt to notify each potential Winner using the address provided at time of entry. Sponsor also reserves the right to contact potential Winners via their social media accounts. Sponsor expects to notify the potential Winner with respect to each Themed Contest within approximately two (2) weeks after the end of the Entry Period for the Themed Contest. Each potential Winner must contact Sponsor using the provided contact information within forty eight (48) hours of notification. Potential Winners are subject to eligibility verification and compliance with these Official Rules. Each potential Winner will be required to sign and return to Sponsor or Sponsor s designee an Declaration of Eligibility, a Liability Release (where imposing such condition is legal) a Publicity Release and a license with respect to the potential Winner s Submission (collectively, Declaration/Release ) within two days of delivery or attempted delivery of the Declaration/Release to the potential Winner. If the Declaration/Release or any other required information is not returned within such period, or if any notification is returned as undeliverable, then the potential Winner may be disqualified and an alternate Winner selected at the Sponsor s sole discretion. Verification of the potential winner s eligibility may include, without limitation, a background investigation. Each entrant consents to the conduct of a background investigation (which may include a review of criminal records) on the entrant and agrees to supply any authorizations or permission deemed necessary by Sponsor in connection with any such investigation. Sponsor reserves the right to disqualify any entrant if Sponsor determines in its sole discretion that awarding a prize to the entrant, publicizing any facts or details about such entrant or an association of the entrant with Sponsor or the Contest, might reflect negatively on Sponsor, Sponsor s products or services or the Contest. 8. PRIZES: Five (5) prizes (each a Prize ) are available (one (1) per Themed Contest). Each Prize consists of (a) a T.J.Maxx gift card in the amount of $1,000 and (b) an opportunity for the winner to participate in a video shoot that may be used in connection with production of a video concerning the winner s Maxx Life Story. The approximate retail value ( ARV ) of each Prize is $1,000. The aggregate ARV of all Prizes is $5,000. An IRS Form 1099 will be issued with respect to each Prize if required by law. Gift cards are subject to the terms and conditions printed thereon and imposed by issuer. Prizes are nontransferable. The video shoot will take place on a date specified by Sponsor. If the winner is not available

4 or elects not to participate in the video shoot on the date specified by Sponsor, the entire Prize will be forfeited and awarded to an alternate winner. Partial prizes will not be awarded. No cash alternative or Prize substitutions allowed, except Sponsor reserves the right, in its sole discretion, to substitute a Prize of equal or greater value if advertised Prize becomes unavailable or for any other reason as determined by Sponsor in its discretion. Prizes may not be sold, bartered, or exchanged by winners. All Prize details not specified herein shall be determined solely by Sponsor. By accepting a Prize, the winner acknowledges compliance with these Official Rules. ALL FEDERAL, STATE AND OR OTHER TAX LIABILITIES ARISING FROM THIS PROMOTION ARE THE RESPONSIBILITY SOLELY OF THE WINNER; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. ALL PRIZES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Limit of one Prize per person. All expenses relating to acceptance or use of a Prize that are not specified in these Official Rules as being part of the Prize, including but not limited to taxes and any other expenses not specified herein, are the responsibility solely of the winner. Prize conditions may be added or modified by Sponsor, in its sole discretion. 9. CONDUCT: By entering into this Contest, entrants agree to be bound by these Official Rules and the decisions of the Sponsor and its designees, which are final and binding in all matters relating to this Contest, including without limitation the interpretation and application of these Official Rules, and determinations regarding eligibility and selection of Winners. These Official Rules will be accessible from the Contest Sites. Failure to comply with these Official Rules may result in disqualification. This Contest is subject to the laws of the United States. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Contest or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prize, the Prize may be forfeited and awarded to an alternate winner. Designation as a winner is subject to entrant s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by Sponsor. Each entrant acknowledges that other entrants may have created ideas and concepts contained in his/her entry that may have familiarities or similarities to his/her entry, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Parties because of these familiarities or similarities. 10. ENTRANT'S GRANT OF RIGHTS TO SUBMISSION: By participating in the Contest, each entrant irrevocably grants to the Contest Parties and each of their respective successors, assigns and licensees (the Licensees ) a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to use and authorize the use of the entrant s Submission and any other material or information provided by the entrant in connection with the Contest for purposes of advertising, trade and other commercial purposes and for any other purpose, in all media and formats whether now or later known or developed, throughout the world in perpetuity, without further notice or

5 compensation, unless prohibited by law. Without limitation of the foregoing, each entrant grants to the Contest Entities a non-exclusive license to and to authorize others to publish, display, reproduce, modify, edit or otherwise use his/her Submission (including without limitation excerpting or amending the Submission and/or creating derivative works based on the Submission or any component thereof), in whole or in part, for advertising or promoting the Contest or for any other purpose (including, without limitation, posting the Submission on one or more of the Contest Sites), in all media and formats whether now or later known or developed, throughout the world in perpetuity, without further notice, consideration, permission or compensation, and waives all moral rights in and to his/her Submission in favor of Sponsor. Each entrant agrees, at Sponsor s request, to sign and return any releases or other documentation required by Sponsor to confirm the grants of rights set forth herein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted with respect to each Submission even if the Submission is disqualified or fails to meet the Submission Requirements. 11. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each entrant represents and warrants as follows: (a) the Submission and each component thereof has not been previously published except on personal social media channels and blogs; (b) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (c) the Submission does not, and the use of the Submission by the Licensees as permitted hereunder will not, violate or infringe upon the intellectual property rights or other rights of any third party; and (d) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By entering, each entrant agrees to hereby indemnify and hold harmless the Released Parties (as defined in Section 17) from any and all third-party claims, actions, proceedings or damages of any kind (including reasonable attorneys' fees) arising from, or relating to, the breach or alleged breach of the representations, warranties or agreements herein, the entrant s Submission, or the entrant s conduct in creating his or her Submission or otherwise in connection with this Contest. 12. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants that may be contained in any other agreement entered into between Sponsor and any entrant in the Contest, each entrant irrevocably grants to the Licensees a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to use and authorize the use of the entrant s name, biographical information, likeness and voice in any and all media and formats, throughout the world, in perpetuity, for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Contest, and hereby releases the Contest Parties from any liability with respect thereto. Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest. 13. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Submission with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances that, in the opinion of Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules, or for any other reason. Sponsor cannot accurately predict the number of entrants who will participate in the Contest. 14. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Parties is not a confidential, fiduciary, or other special relationship, and that the entrant s decision to provide the entrant s

6 Submission to Sponsor for purposes of the Contest does not limit or derogate from any rights or privileges Sponsor otherwise may have under applicable law. Each entrant understands and acknowledges that the Contest Parties have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photographs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Party s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Parties do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. 15. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the Materials ), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. 16. USE OF INFORMATION: Any information collected through the Contest shall subject to Sponsor s Privacy Policy found at and Sponsor will have the right to use such information as permitted pursuant to the Privacy Policy and otherwise in connection with the administration of the Contest. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. At the time of entry via the Contest Sites, entrants will have the opportunity to opt-in to receive further communications from Sponsor. Entrants are not required to opt-in and opting-in will not increase your chances of winning. If an entrant chooses to opt-in, the entrant thereby grants Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to Sponsor s services. Entrants are providing their information to Sponsor and not to Facebook. 17. LIMITATIONS OF LIABILITY/FORCE MAJEURE: All entrants, as a condition of entry into the Contest, agree that the Contest Parties, Facebook and Tumblr (collectively, the Released Parties ) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize s quality or fitness for a particular purpose. Only the type and quantity of Prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, 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. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prize. In no event will more than the stated number of Prizes be awarded. The Released Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Submissions, entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage or processing of Submissions or entries or the administration of the Contest. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or

7 technical problems, failures, or malfunctions or other causes beyond Sponsor s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible Submissions are received and/or Sponsor is prevented from awarding Prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or manmade epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor s control, then Sponsor will have the right to modify, suspend, extend or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner(s) from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such selection process shall be each entrant s sole and exclusive remedy under such circumstances. 18. RELEASES: By entering, each entrant releases and agrees to hold each of the Released Parties and their respective directors, officers, employees and assigns harmless from and against any and all claims and liability arising out of the entrant s participation in the Contest, the creation or use of any Submission, the operation of the Contest, the acceptance, use, or misuse of a Prize or the use of the entrant s name, biographical information, likeness, voice and/or Submission, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, copyright infringement, misappropriation or violation of any other personal or proprietary right. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any Prize. 19. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES OF AMERICA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE S LAWS. 20. ARBITRATION PROVISION: By participating in this Contest, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Contest Parties relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any Prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the U.S. Federal Arbitration Act ( FAA ), 9 U.S.C. 1-16; (iii) the arbitration shall be held in Massachusetts, U.S.A.; (iv) the arbitrator s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply Massachusetts law and United States law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant s and/or Sponsor s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties

8 who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on JAMS and/or the rules of JAMS, visit their website at If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. If for any reason any dispute, claim or cause of action arising out of or in any way related to this Contest is not subject to arbitration, each entrant agrees that each such dispute, claim and cause of action shall be resolved individually, without resort to any form of class action and consents to the exclusive jurisdiction and venue of the state and federal court located in Massachusetts, U.S.A. 21. WINNERS LIST: To request any legally required winner s list, send an with the subject line Maxx Life Stories Contest to digital_marketing@tjx.com. Please identify in your the Themed Contest as to which you would like to know the winner. Names of Winners will be available within 60 days after each Entry Period.