Giveaway Terms and Conditions

THESE RULES AND REGULATIONS (THE “CONTEST RULES”) GOVERN THE CABANA ELITE CONTEST (THE “CONTEST”). YOUR PARTICIPATION IN THE CABANA CLUB ELITE MEMBERSHIP PROGRAM OR NON-MEMBER ENTRANCE INTO THE CONTEST DURING THE CONTEST PERIOD (as hereinafter defined) CONSTITUTES ACCEPTANCE AND AGREEMENT TO ALL OF THESE RULES AND REGULATIONS. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

1. Dates and Times: All Contest registrations (“Entries” or “Entry”) made up until 11:59 PM EST on the 17th day of June. (each a “Contest Closing Date”), will be entered to win the Sweepstakes. Each prize giveaway period will hereafter be referred to as the “Contest Period.” Contest Periods begin on the first day of January, April, July, and October (each a “Contest Start Date”). Entries are only applicable during the current Contest Period on the date that the entry is submitted, and do not carry over into the next Contest Period”

2. Sponsor: This Contest is sponsored and administered by High Tide Inc. (the “Sponsor”).

3. Eligibility: Only legal residents of the United States who are twenty-one (21) years of age or older, United Kingdom residents over the age of 18, and European residents over the age of majority in their respective countries as of the date of entry are eligible to submit an Entry. Entries may not be submitted by directors, officers or employees of any of a Sponsor, their agents, affiliated or related companies, subsidiaries, divisions (collectively, the “Companies”) or promotional agencies, members of the immediate family of, or persons domiciled with directors, officers or employees of any of the Companies. Proof of identification and eligibility must be provided upon request. Entrants are eligible for one entry per Contest Period.

4. How to Submit: No purchase or payment is necessary to participate in the Contest. To receive automatic entries into the quarterly Contest, eligible individuals must visit https://cabanaclubusa.com/ and purchase a Cabana Elite membership and opt-in to marketing emails on one of the following websites: Smoke Cartel, Daily High Club, Dankstop, and Grasscity (“Accessory Providers”), and FabCBD, Dankstop, and Grasscity (“CBD Providers”). Canna Cabana Elite members who opt-in to marketing email notifications from Accessory Providers will receive an automatic entry in the monthly giveaway for the Accessory Prize. Canna Cabana Elite members who opt-in to marketing email notifications from CBD Providers will receive an automatic entry in the monthly giveaway for the CBD Prize. Canna Cabana Elite members who opt-in to both categories of marketing email notifications will receive an automatic entry into both giveaways. If an entrant does not want to sign up for Cabana Elite, the entrant (hereafter referred to as a “Free Entrant”) can receive one free entry into each giveaway (“Free Entries”) by completing a free entry form linked here. To be eligible, Entries must be received by the Sponsor no later than 11:59 pm. EST on the Contest Closing Date. The Free Entrants will receive an email confirming their entry.

5. Prize: One (1) prize of a Nintendo Switch entertainment system valued at approximately three hundred US dollars ($300 USD) (“Accessory Prize”) and one (1) prize of a Fitbit Sense 2 Advanced Health Smartwatch – Platinum valued at approximately two hundred and fifty US\ dollars ($250 USD) (“CBD Prize”). A separate draw will be completed for each prize for each Contest Period. Odds of winning depend on the total number of entries received for the Contest Period. The prizes are non-transferable. Prizes are awarded as described. However, in the event of unforeseen circumstances, the Sponsor reserves the right to substitute the prize with one of equal or greater value. Any substitution will be communicated to the winner in advance. Winners may not request cash or alternative forms of compensation in lieu of the prize.

6. Selection of the Winner: within six (6) days of each Contest Closing Date, the Sponsor shall determine the potential winners for the relevant Contest Period by randomized draw. The potential winners of the Contest (the “Selected Winners”) shall be determined at or before 11:59 PM on the sixth (6th) day. Each Selected Winner will be notified at the email provided in the Selected Winner’s Entry. If the Selected Winner does not respond within two business days or more, a follow-up email will be sent. If the Selected Winner does not respond within two business days after the follow-up email has been sent, the Selected Winner is considered to have forfeited the prize and an Alternate Winner will be selected. The Sponsor will make a reasonable effort to communicate with the Selected Winner. The failure of the Selected Winner to fully comply with these Contest Rules may, at the Sponsor’s sole discretion, result in the forfeiture of the Selected Winner’s right to take part in the Contest. If this should occur, another winner shall be selected from the remaining eligible Entries (“Alternate Winner”) by random draw. This shall continue in the same manner until a winner is found, or until four (4) Alternate Winners have been selected, and none have accepted the prize. If no Winners accept the prize within the listed timeline, the contest will be closed and the prize will be cancelled. The Sponsors are not responsible for the failure for any reason whatsoever of a Selected Winner or Alternate Winner to receive notification or for their failure to receive any such person’s response.

7. Requirements of Winner: Before a Selected Winner or Alternate Winner is declared the recipient of the Prize, he or she must complete the declaration of compliance with the Contest Rules and Waiver Release of Liability Form, available to be completed in the Email Submission. Where required by law, Selected and/or Alternate Winners must successfully complete a multi-step skill testing mathematical question prior to receiving the prize.

8. The Winner of the Contest is subject to all standard conditions, restrictions, requirements and regulations related to the Contest. The Sponsor will have 365 days to deliver the Prize to the Selected Member or Alternate Winner, as applicable. The Prize must be accepted as awarded between the Contest End Date and the same date the following year and cannot be transferred or assigned. The Sponsor may, in its sole discretion, make substitutions of equivalent kind or approximate retail value. Any unused, unclaimed or declined portion of the Prize will be forfeited, have no cash value and the Sponsor shall have no obligation to provide either an alternative or value-in-kind. By failing to respond to the Sponsor’s reasonable effort to communicate, the Selected Winner is deemed to have willingly forfeited the Prize.

9. Winner Obligations: Winners are solely responsible for any taxes, fees, or other costs associated with the acceptance and use of the prize. The approximate retail value (ARV) of the prize will be disclosed for reporting purposes, and winners may be required to complete an IRS Form W-9 or similar tax documentation as a condition of prize acceptance. Failure to comply with these requirements may result in disqualification and forfeiture of the prize.

10. Release: Before a Selected Winner or Alternate Winner is declared the recipient of the Prize, he or she must complete a Contest eligibility and liability/publicity release (a “Waiver Release of Liability Form”); (i) confirming compliance with these Contest Rules, (ii) accepting the Prize as awarded; (iii) irrevocably releasing the Sponsor and each of its respective directors, officers, employees, agents, representatives, and third parties relating to the Contest (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, or the acceptance, use, or misuse of any part of the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom and except where prohibited by law; and (iv) consenting to the Sponsor publicly announcing the Selected Winner or Alternate Winner’s name and using their name, city, province and image for promotional and advertising purposes in any and all forms of media and technology now known or later developed whatsoever, without any further compensation to the Contest winner or any other person. The Sponsor has the sole authority and discretion to determine whether a Waiver Release of Liability Form has been properly executed and have the sole authority and discretion to accept or refuse a Waiver Release of Liability Form that has not been properly executed. The executed Waiver Release of Liability Form must be returned within twenty-four (24) hours of the date on which the winner is notified of his/her selection, failing which the winner will be disqualified and their right to the Prize forfeited.

11. Personal Information: By submitting an Entry, entrants consent to the collection, use and disclosure of their personal information by the Sponsor for the purposes of the administration of the Contest and with respect to the winning entrant, to use for promotional purposes. Information is retained for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Any inquiry concerning an applicant’s personal information collected and used by the Sponsors should be addressed to info@cabanaclubusa.com.

12. Privacy and Data Retention:

The Sponsor collects personal information solely for the purposes described in our Privacy Policy and Cabana Club USA Terms and Conditions, including but not limited to administering the Cabana Elite Sweepstakes Contest. Our data retention practices are as follows:

Contest Data: Data for free entrants will be deleted within one week of the prize being awarded unless required for legal requirements.

Members’ Data: Data for paid members will be retained for the duration of their membership, as required to fulfill Contest-related obligations, or as required for legal reasons, after which it will be securely deleted within six (6) months.

Opt-Out Rights: Participants may opt out of marketing communications at any time by contacting info@cabanaclubusa.com or by selecting “unsubscribe” and following the subsequent instructions to unsubscribe through the Company Platform.

All data will be handled in compliance with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), where applicable.

13. Conduct: By participating in the Contest, each participant is deemed to have executed and agrees to be bound by the Contest Rules. Each participant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any participant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass the Sponsor or any other person.

14. Dispute Resolution Procedures

If a dispute arises, participants agree to first attempt to resolve the issue through good-faith informal discussions as described in the Arbitration Clause. Should informal resolution fail, disputes shall proceed to arbitration in accordance with the following guidelines:

Arbitration Timeline: Arbitration must be initiated within 90 days of the conclusion of the informal dispute resolution process.

Arbitration Rules: Arbitrations will be governed by the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules.

Arbitrator Authority: The arbitrator will have exclusive authority to resolve all disputes, including those relating to the interpretation, applicability, or enforceability of these Terms and Conditions.

Costs and Fees: The party initiating arbitration will bear the initial filing costs, but each party will be responsible for their own legal fees unless otherwise required by law.

15. Simplified Terms for Participants

The Sponsor strives to make these Terms and Conditions as clear as possible. For questions or clarifications, participants are encouraged to contact the Sponsor at info@cabanaclubusa.com. Terms specific to eligibility, entry requirements, prize conditions, and dispute resolution are summarized below:

Eligibility: Legal U.S. residents aged 21+, UK residents aged 18+, and EU residents of the age of majority in their country of residence. Proof of eligibility required.

Entry: No purchase necessary; free entry form available online.

Prizes: Prizes are non-transferable, and winners are responsible for any taxes.

Disputes: Unresolved disputes will be handled through binding arbitration in accordance with U.S. law.

16. General Conditions:

The Sponsor reserves the right to withdraw, amend, terminate or suspend in whole or in part this Contest at any time without prior notice and without liability if the Sponsor determines that for any reason the Contest is not capable of being conducted as planned. This includes any circumstances beyond the Sponsor’s control, including but not limited to natural disasters, pandemics, technical failures, or legal reasons. In such cases, participants’ entries will not be replaced, and Cabana Elite memberships will not be refunded.

All decisions of the Sponsors regarding any and all aspects of the Contest are final and binding on all entrants.

The Contest is subject to the applicable laws and is void where prohibited by law. If any provision of these Contest Rules is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect. In jurisdictions where specific provisions of these Terms and Conditions conflict with mandatory legal requirements, the Sponsor reserves the right to modify these provisions to comply with local laws. Participants in these jurisdictions agree to comply with all applicable legal requirements.

In the event of any discrepancy or inconsistency between these Contest Rules and other statements contained in any Contest-related materials, including but not limited to the Registration, print or online advertising, these Contest Rules shall prevail, govern and control.

This Contest is conducted in full compliance with all applicable federal, state, and local laws and regulations. In the event of a conflict between these Terms and Conditions and any mandatory provision of law, the mandatory provision shall prevail, and these Terms and Conditions shall be deemed amended to the extent necessary to comply with such provision.

Participating in this Contest constitutes irrevocable acceptance and agreement to all of these rules and regulations.

These Contest Rules may be amended by the Sponsor at any time without notice.

Limitation Of Liability:

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:YOUR USE OF THE SPONSOR PLATFORM AND THE PROGRAM IS AT YOUR OWN RISK;

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, AND USE OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE PROGRAM. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS OR OTHER INFORMATION THAT ACCOMPANY ANY PRODUCTS;

UNDER NO CIRCUMSTANCE(S) (INCLUDING NEGLIGENCE), SHALL THE SPONSOR OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM THE PROGRAM THROUGH THE ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THE SPONSOR PLATFORM OR THROUGH YOUR DOWNLOADING OF ANY OF THE SPONSOR CONTENT OR OTHER MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SPONSOR PLATFORM, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS OR OTHER COMMUNICATIONS EVEN IF PTS HAS BEEN ADVISED OF SUCH INCIDENTS; AND

THE SPONSOR IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN TRANSMISSION OR OPERATION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE SPONSOR’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS (DEFINED HEREIN), COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SERVICES OR SITES’ RECORDS, PROGRAMS, OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE SPONSOR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100 USD).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE SPONSOR FROM AND AGAINST ANY AND ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICES PROVIDED HEREUNDER.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SPONSOR AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Indemnification: To the maximum extent not prohibited by applicable law, you agree to indemnify, release, defend, and hold the Sponsor, its parent (if applicable), subsidiaries, Affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “Company Entities”), harmless (collectively, “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) the Program and/or your access to or use of the Sponsor Platform, including any and all Sponsor Content and any features, functionality, tools, and promotions available on and through the Sponsor Platform, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.You agree that, at the Sponsor’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) the Sponsor may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of the Sponsor (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.You further hold harmless the Company Entities, jointly or severally, for any incorrect or inaccurate entry information, human errors, technical malfunctions, failures, viruses, omissions,

interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to entrants’ or any other persons’ computer relating to or resulting from submitting an Entry; inability to download entry material; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion or telephone lines or the internet, human or other errors relating to or in connection with the Entries, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the selected winner or in any Contest-related materials, or for any other reason whatsoever. Proof of submitting an entry is not considered proof of delivery or receipt. Selected Winner/Alternate Winner assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive, or inability to use any part of the Prize. Releasees assume no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason.

Severability: If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Governing Law: The Program is controlled and operated by our offices within Alberta. Those who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Program from jurisdictions where the contents of the Program are illegal or penalized is prohibited.The validity, interpretation, construction, and performance of these Terms and Conditions and all related matters shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court sitting in the City of Toronto, Ontario, Canada and entrants submit and attorn to the original and exclusive jurisdiction of those courts in respect of any and all disputes.

Binding Arbitration / Class Waiver

ANY DISPUTE UNDER THESE TERMS AND CONDITIONS SHALL BE ARBITRATED AND RESOLVED IN KEEPING WITH THE INTERNATIONAL COMMERCIAL ARBITRATION ACT, C I-10.2. THIS LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE REVIEW THE ACT PRIOR TO AGREEING WITH THESE TERMS AND CONDITIONS. YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE PROGRAM, THE WEBSITE, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING THE SPONSOR, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS (COLLECTIVELY, “DISPUTES”), THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION

CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AND CONDITIONS AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.

In the event a Dispute arises between us, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to info@cabanaclubusa.com. or regular mail to our office located at 1550 Larimer St., Suite 964. Denver, CO 80202 USA. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. We will provide notice to your address on file. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

If you and we are unable to resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in Denver, Colorado, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. These Terms and Conditions evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.

For more information on AAA, its Rules, and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

By participating in the program, each participant is deemed to have agreed to be bound by the Terms and Conditions. Each Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to cancel entries at any time and for any reason, including but not limited to the following: (a) suspected violation of the Terms and Conditions; and (b) acting in an disruptive manner, or with intent to annoy, abuse, threaten or harass the Sponsor or any other person.