Sweepstakes

OFFICIAL RULES

“Bulkhead Energy – California Sweepstakes"

NO PURCHASE NECESSARY TO ENTER OR WIN

 

      1. ELIGIBILITY: The Bulkhead Energy – California Sweepstakes (the “Sweepstakes”) is open to all legal residents of the State of California who are over the age of eighteen (18), but is void in all other U.S. states, territories, and possessions, U.S. Military installations in foreign countries, foreign countries, and where prohibited or restricted by law. Employees, officers, and directors of RCPS, LLC (“Bulkhead”), its advertising and promotion agencies, and all parties responsible for the development and administration of this Sweepstakes, and the immediate families (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the households of the above, whether related or not, are not eligible to participate. Entrants utilizing multiple Facebook or Instagram accounts or email addresses to enter the Sweepstakes will be disqualified. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. By participating in the Sweepstakes, and/or the prize, entrants agree to release Bulkhead, its directors, employees, officers, and agents, including without limitation, its advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the Sweepstakes and, if declared a winner, the awarding, receipt, and/or use, or misuse of a prize or participation in any prize-related activities.
      2. ENTRY PERIOD: The Sweepstakes begins at 11:00 PST on 06 August 2021 and ends at 18:00 PST on 16 August 2021 (the “Sweepstakes Period”). One drawing from the successful entries received during the Sweepstakes Period will occur on 16 August 2021 after 18:00 PST. A computer owned by Bulkhead will be the official time-keeping device for the Sweepstakes.
      3. TO ENTER: To enter the Sweepstakes, sign into your Facebook or Instagram account. If you are not an existing member of Facebook or Instagram, you may create an account. When you join Facebook or Instagram you are indicating that you have read and agree to accept Facebook Inc.’s Terms of Service and Privacy Policy (Facebook, Inc. operates Facebook and Instagram). Once signed into your Facebook or Instagram account, follow @bulkheadenergy, “like” the post at “BULKHEAD SWEEPSTAKES CASH GIVEAWAY” (the “Post”), and comment on the Post. Once a comment is posted it cannot be changed, altered, or modified. The comment (a) may not, as determined by Bulkhead in its sole discretion, (i) contain any inappropriate language, (ii) contain disparaging or defamatory statements, (iii) include threats to yourself or any third party, (iv) be obscene, offensive, or indecent, (v) depict any risky behavior, or (vi) contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; (b) may not infringe upon any third party’s rights, including, but not limited to copyright, patent, or trademarks, service marks, or tradenames, other than Bulkhead, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portraying another in a false light, and (c) may not violate any law, rule, or regulation. Each entrant warrants and represents that the entrant’s comment complies with the conditions set forth in sub-classes (a) through (c) above. If any entry fails to comply with any of these entry requirements or any other provisions of these Official Rules, at Bulkhead’s sole discretion, Bulkhead reserves the right to disqualify the entrant.

Use of Facebook and Instagram are governed by Facebook, Inc.’s Terms of Service and Privacy Policy, and other agreements. You acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc.

      1. ALTERNATIVE METHOD OF ENTRY: If you do not wish to enter the Sweepstakes through the method above, you may enter the Sweepstakes by sending an email to media@bulkheadenergy.com with your full name, postal address (no P.O boxes), phone number, and the subject line “AMOE Bulkhead Energy – California Sweepstakes” (the “AMOE”). By successfully transmitting a complete email as directed, you will receive one (1) entry into the Sweepstakes.
      2. AGREEMENT TO THESE OFFICIAL RULES: By entering, entrants agree to comply with and be bound by these Official Rules including all eligibility requirements. Bulkhead energy reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Bulkhead and its agents are not responsible for lost, late, or misdirected entries, for technical, hardware, or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled, or delayed computer transmission or any human error which may occur in the receipt or processing of the entries. Proof of entering information at a website does not constitute proof of delivery or receipt. Bulkhead reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macros, programmed, robotic, automatic, and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of entries and/or the entrant.

Entries are limited to one entry per person over the Sweepstakes Period. Any attempt to exceed this limit may result in disqualification.

In the event of a dispute as to the identity of the entrant, the entry will be considered made by the authorized account owner of the Facebook or Instagram account at the time the post was submitted, or, if the entry was made by AMOE, the authorized account owner of the email address at the time the post was submitted. The “authorized account owner of the Facebook or Instagram account” is the natural person in whose name the Facebook or Instagram account has been issued. The “authorized account owner of the email address” is the natural person in whose name the email account has been registered. A selected winner may be asked to provide Bulkhead with proof that the selected winner is the registered owner of the said account. If a dispute cannot be resolved, the entrant will be deemed ineligible.

Bulkhead may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten, or harass any other parties or any representatives of Bulkhead. Use of any automated system to participate is strictly prohibited and will result in disqualification.

      1. ODDS OF WINNING: Odds of winning the Sweepstakes will depend upon the total number of eligible entries received over the course of the Sweepstakes Period.
      2. WINNER SELECTION; NOTIFICATION; DISQUALIFICATION: One drawing from the successful entries received during the Sweepstakes Period will occur on 16 August 2021 after 18:00 PST. The winner of the drawing will be notified via the Facebook or Instagram account or email address with which the winner entered the Sweepstakes within one (1) to three (3) days after the Sweepstakes Period. If the winner of a given drawing has not responded within three (3) days of the sending of notification by Bulkhead, an alternate winner may be selected by Bulkhead in its sole discretion (and will be subject to disqualification in the same manner). The potential winner of the drawing will be required to execute and return a declaration or affidavit of eligibility, prize acceptance, liability, and publicity release (except where prohibited) and an IRS Form W-9 and furnish his or her social security number that will be used only for the purpose of reporting the winner’s prize earnings to the Internal Revenue Services as required by law (collectively, the “Required Documentation”), within five (5) days of notification. If a potential winner fails to sign and return the Required Documentation within five (5) days of notification, he or she will be disqualified and an alternate winner may be selected by Bulkhead in its sole discretion (and will be subject to disqualification in the same manner). Without limiting the foregoing, forfeiture of a prize, in whole or in part, may result from any of the following at Bulkhead’s sole discretion: (a) the return of any notification or prize as undeliverable, or (b) any other non-compliance with these Official Rules.

Bulkhead is not responsible for the failure for any reason whatsoever of a potential winner to receive any notification from Bulkhead, or the failure of Bulkhead to receive any response or Required Documentation from the potential winner. Return of any notification or Required Documentation as undeliverable, the inability of Bulkhead to contact a potential winner, the failure of a potential winner to contact Bulkhead in a timely manner, the inability of a potential winner to accept or receive the prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner may be selected by Bulkhead in its sole discretion (and will be subject to disqualification in the same manner).

In the event that, for whatever reason, Bulkhead cannot select a winner after two attempts, including, without limitation, because a potential winner does not respond, refuses to accept a prize, or for any of the other reasons identified in these Official Rules, Bulkhead may, in its sole discretion, forfeit the prize for, and terminate the Sweepstakes.

WINNER IS SUBJECT TO VERIFICATION BY BULKHEAD, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.

      1. PRIZE: The winner will receive a cash prize that depends on the total number of “likes” the Post receives during the Sweepstakes period, as set out below:
  • The prize (and approximate retail value (“ARV”) of the prize) will be $100 if the Post receives less than 1,000 likes.
  • The prize (and ARV of the prize) will be $200 if the Post receives at least 1,000 likes but less than 5,000 likes.
  • The prize (and ARV of the prize) will be $400 if the Post receives at least 5,000 likes but less than 10,000 likes.
  • The prize (and ARV of the prize) will be $600 if the Post receives at least 10,000 likes but less than 25,000 likes.
  • The prize (and ARV of the prize) will be $1,000 if the Post receives 25,000 likes or more.

No substitutions or transfers of prizes are permitted except at the sole discretion of Bulkhead. Bulkhead will not replace any lost or stollen prize.

 

      1. TAXES: All federal, state, local, or other tax liabilities, including, but not limited to, income taxes or like amounts in connection with a winner’s prize, acceptance, or use of a prize arising from this Sweepstakes will be the sole responsibility of the winner. The winner will receive IRS Form 1099 in the amount of the prize.
      2. RIGHTS GRANTED BY YOU: By entering the Sweepstakes, entrants understand and agree that Bulkhead and its designees will have the right, where permitted by law, without any further notice, review, or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter created in perpetuity, your entry, including, without limitation, the entry and winner’s name, email address, Facebook or Instagram handle, city, state, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity, or information and for trade, advertising, public relations, and promotional purposes without any further compensation to entrant. A potential winner may be required to sign a document to this effect.
      3. RELEASE AND LIMITATION OF LIABILITY: BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS BULKHEAD, ITS RESPECTIVE AFFILIATES,  ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, AND ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM THE SWEEPSTAKES OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED.

ENTRANT FURTHER AGREES NOT TO SUE AND TO HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASEES, FROM ANY AND ALL LIABILITIES, CLAIMS, AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH ENTRANT (OR ENTRANT’S SUCCESSORS-IN-INTEREST, HEIRS, AND/OR AGENTS) EVER HAD, NOW HAVE, OR IN THE FUTURE MAY HAVE AGAINST THE RELEASEES, INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATED TO PERSONAL INJURY (INCLUDING DEATH) AND/OR DAMAGE, THEFT, LOSS OR ANY OTHER HARM RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES RELATED ACTIVITY; (B) THE ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE; (C) THE USE OF ANY OF THE RIGHTS GRANTED HEREIN (INCLUDING, WITHOUT LIMITATION, THE USE AND EXPLOITATION OF THE ENTRANT’S NAME, ADDRESS (CITY AND STATE), BIOGRAPHICAL INFORMATION, STATEMENTS, VOICE, PHOTOGRAPH, AND/OR OTHER LIKENESS); (D) ANY MALFUNCTION OR OTHER PROBLEMS WITH THE SWEEPSTAKES WEBSITE; (E) ANY ERROR IN THE COLLECTION OR RETENTION OF ENTRY INFORMATION; AND (F) ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING, OFFERING, OR ANNOUNCEMENT OF ANY PRIZE.

RELEASEES ARE NOT RESPONSIBLE FOR COMPUTER, PRINTING, TYPOGRAPHICAL, HUMAN, OR OTHER ERRORS, INCLUDING, WITHOUT LIMITATION, ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES, THE ANNOUNCEMENT OF THE PRIZE, THE PROCESSING OF ENTRIES, OR IN ANY SWEEPSTAKES RELATED MATERIALS; OR FOR ILLEGIBLE ENTRIES OR ENTRIES THAT FAIL TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED, OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR. 

IF IN BULKHEAD’S OPINION, THERE IS ANY SUSPECTED OR ACTUAL EVIDENCE OF ELECTRONIC OR NON-ELECTRONIC TAMPERING WITH ANY PORTION OF THE SWEEPSTAKES, OR IF COMPUTER VIRUSES, BUGS, UNAUTHORIZED INTERVENTION, FRAUD, OR TECHNICAL DIFFICULTIES, OR FAILURES OR COMPROMISES OR CORRUPTION AFFECT THE ADMINISTRATION, INTEGRITY, SECURITY, FAIRNESS, OR PROPER CONDUCT OF THE SWEEPSTAKES, OR IF THE SWEEPSTAKES CANNOT BE CONDUCTED AS DESCRIBED HEREIN FOR ANY REASON, BULKHEAD RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESS AND/OR VOID ANY ENTRIES SUBMITTED FRAUDULENTLY, TO MODIFY OR SUSPEND THE SWEEPSTAKES, OR TO TERMINATE THE SWEEPSTAKES WITH OR WITHOUT NOTICE. 

AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (Y) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND (Z) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES.

ENTRANT ALSO WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

The limitations in this section do not purport to limit liability or alter you rights as a consumer that cannot be excluded under applicable law.

      1. FACEBOOK, INC. IS NOT A SPONSOR: Entrants acknowledge and agree that the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Inc. ENTRANT AGREES NOT TO SUE AND TO HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, AND FOREVER DISCHARGE FACEBOOK, INC. FROM ANY AND ALL LIABILITIES, CLAIMS, AND DEMANDS OF ANY KIND OR NATURE WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH ENTRANT (OR ENTRANT’S SUCCESSORS-IN-INTEREST, HEIRS, AND/OR AGENTS) EVER HAD, NOW HAVE, OR IN THE FUTURE MAY HAVE AGAINST FACEBOOK, INC., INCLUDING, BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATED TO PERSONAL INJURY (INCLUDING DEATH) AND/OR DAMAGE, THEFT, LOSS OR ANY OTHER HARM RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES RELATED ACTIVITY; (B) THE ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE; (C) ANY MALFUNCTION OR OTHER PROBLEMS WITH THE SWEEPSTAKES WEBSITE; (D) ANY ERROR IN THE COLLECTION OR RETENTION OF ENTRY INFORMATION, AND (E) ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING, OFFERING, OR ANNOUNCEMENT OF ANY PRIZE.
      2. DISCLAIMER: THE PRIZE IS AWARDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). BULKHEAD (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER, WINNER’S GUEST, OR OTHER USERS OF THE PRIZES FOR ANY REASON.
      3. PRIVACY: Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the entrant to Bulkhead for the purposes of administering the Sweepstakes, for future marketing and promotions, and for such other purposes to which entrant may consent as outlined herein. All information submitted to Bulkhead as part of this Sweepstakes will be treated in accordance with the Privacy Notice of Bulkhead located at https://www.bulkheadenergy.com/pages/privacy-policy. More specifically, Bulkhead may collect information that you provide to enter the Sweepstakes and will use personal information that you provide to enter the Sweepstakes to conduct the Sweepstakes. 
      4. GENERAL TERMS: Bulkhead reserves the right to make changes or additions to these Official Rules and/or extend the dates of the Sweepstakes Period for this Sweepstakes for any reason at any time. Bulkhead’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BULKHEAD RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
      5. DISPUTES:
        1. Binding Arbitration. Each entrant agrees that any dispute, controversy, or claim related to these Official Rules (a “Claim”), to the extent unable to be resolved through mutual negotiations, may, upon the election of either the entrant or Bulkhead, with the exception of those Claims expressly excluded in paragraph 16.e, be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Official Rules. In the event of a conflict between the terms set forth in these Official Rules and the JAMS Rules, the terms set forth in these Official Rules will control and prevail.  Except as otherwise set forth in paragraph 16.e, an entrant may seek out any remedies available to him or her under federal, state, or local laws in an arbitration action. As part of the arbitration, an entrant and Bulkhead will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.  Except as otherwise provided in these Official Rules, (i) an entrant and Bulkhead may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

      1. Location. The arbitration will take place in entrant’s hometown area unless the parties agree to video, phone, and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction in the County of Los Angeles, State of California, United States of America, and each entrant agrees to submit to the personal jurisdiction of that court.
      2. Arbitration Fees. If an entrant initiates arbitration for a Claim, he or she will need to pay the JAMS arbitration initiation fee. If Bulkhead initiates arbitration for a Claim, Bulkhead will pay the JAMS arbitration initiation fee. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. No entrant will be required to pay Bulkhead’s attorneys’ fees or other costs if he or she does not prevail in the arbitration. No entrant will seek attorneys’ fees in the event they are deemed the prevailing party.
      3. Limitations. Each entrant agrees that any arbitration shall be limited to the Claim between Bulkhead and each such entrant individually. EACH ENTRANT FURTHER AGREES THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
      4. Exceptions to Arbitrations. Each entrant agrees that the following Claims are not subject to the above provisions concerning binding arbitration: (a) any Claims seeking to enforce or protect, or concerning the validity of, any intellectual property rights of Bulkhead; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
      5. Governing Law. These Official Rules and any matter arising out of or relating to these Official Rules, and any claim, cause of action, controversy, or matter in dispute, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California, consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).
      6. Severability. Each Entrant agrees that if any portion of this paragraph 16 is found illegal or unenforceable (except any portion of paragraph 16.e), that portion shall be severed and the remainder of the Section shall be given full force and effect. If paragraph 16.e is found to be illegal or unenforceable then no entrant will elect to arbitrate any Claim falling within that portion of paragraph 16.e found to be illegal or unenforceable and such Claim shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and entrant agrees to submit to the personal jurisdiction of that court
    1. WINNER CONFIRMATION: An entrant may request the name of the winner by sending a self-addressed, stamped business-size (#10) envelope to: RCPS, LLC, Bulkhead Energy – California Sweepstakes, 2127 Olympic Parkway, Suite 1006 #169, Chula Vista, CA 91915. Requests must be postmarked within three (3) days after the end of the Sweepstakes Period and received within ten (10) business days after the end of the Sweepstakes Period.
    2. SPONSOR: RCPS, LLC, 2127 Olympic Parkway, Suite 1006 #169, Chula Vista, CA 91915.