Bo Jackson Battle Arena Trading Card Product Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES. MANY WILL ENTER, FEW WILL WIN.

Overview.

Each trading card product sold by Bo Jackson Battle Arena, Inc. (“BoBA”) that includes a “No Purchase Necessary” designation on its packaging (each, an “Eligible Product”) provides you an opportunity to obtain cards listed in such Eligible Product checklist published online at www.bobattlearena.com/checklist (each a “Checklist”) by participating in a free to enter sweepstakes (each, a “BoBA Product Sweepstakes”), subject to the terms of these official rules (the “Official Rules”).

BY ATTEMPTING TO PARTICIPATE IN A BOBA PRODUCT SWEEPSTAKES, YOU FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF BOBA REGARDING A BOBA PRODUCT SWEEPSTAKES, WHICH WILL BE FINAL AND BINDING.

PLEASE NOTE THAT THESE OFFICIAL RULES INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND BOBA SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. FURTHER, BY ATTEMPTING TO PARTICIPATE IN A BOBA PRODUCT SWEEPSTAKES AND, IN SO DOING, ACCEPTING THESE OFFICIAL RULES: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS FOR YOUR OWN LOSSES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Eligibility.

Each BoBA Product Sweepstakes is open only to U.S. residents. Void where prohibited.

How to Enter.

For a chance to obtain a card of an Eligible Product, while supplies last: hand print your name, complete return address, and the full name of the Eligible Product as listed in the applicable Checklist on a 3 x 5 card and mail in a #10 envelope to:

BOBA PRODUCT SWEEPSTAKES,

P.O. BOX 6968 ATTN: <<PRODUCT NAME>>,

COLUMBIA, SC 29260.

Only one 3 x 5 card per envelope and only one Eligible Product per envelope will be permitted.  Envelopes received with multiple cards, listing multiple Eligible Products, missing information, or that are illegible may be rejected. Entries must be postmarked no later than 45 days after the Eligible Product release date as published on bobattlearena.com. Drawings will occur on or about 60 days after the applicable release date.

Information collected from entrants is subject to the BoBA Privacy Policy.

General Terms.

You are solely liable for any and all taxes on the value of any prize received and are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. No substitution, transfer or cash equivalent is permitted.

Noncompliance with any of these Official Rules, in BoBA’s sole discretion, will result in disqualification. Indemnified Parties (as defined below) assume no responsibility for incorrect, inaccurate, or late entry information whether caused by any human error or otherwise.

BoBA reserves the right in its sole discretion to cancel, terminate, modify, or suspend any BoBA Product Sweepstakes or these Official Rules for any reason, including if a BoBA Product Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of BoBA which corrupt or affect the administration, security, fairness, integrity or proper conduct of a BoBA Product Sweepstakes or amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or any other aspect of a BoBA Product Sweepstakes in any jurisdiction.

THE SOUTH CAROLINA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES OR DISPUTES REGARDING A BOBA PRODUCT SWEEPSTAKES AND THE LAWS OF THE STATE OF SOUTH CAROLINA SHALL GOVERN EACH BOBA PRODUCT SWEEPSTAKES. EACH PARTICIPANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.

You agree to indemnify and hold harmless BoBA and its licensor(s) and each of their respective affiliated companies, parents, subsidiaries, officers, directors, employees, agents, members, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, suits, losses, damages, expenses and costs (including, but not limited to reasonable attorneys’ fees) resulting or arising from: (a) a BoBA Product Sweepstakes, including your participation therein, and/or (b) any breach or violation of any representation, warranty, obligation or covenant made by you.  Further, you agree to release all rights to bring any claim, action or proceeding against the Indemnified Parties, to release all rights to bring any claim, action or proceeding against the Indemnified Parties, and hereby acknowledge that the Indemnified Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a BoBA Product Sweepstakes.

BY ENTERING A BOBA PRODUCT SWEEPSTAKES, YOU RELEASE AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM A BOBA PRODUCT SWEEPSTAKES OR PARTICIPATION IN ANY BOBA PRODUCT SWEEPSTAKES-RELATED ACTIVITY, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

IN NO EVENT WILL THE INDEMNIFIED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR PARTICIPATION IN A BOBA PRODUCT SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EACH BOBA PRODUCT SWEEPSTAKES, BOBATTLEARENA.COM, AND ALL RELATED ACTIVITIES AND MATERIALS PROVIDED ON OR THROUGH A BOBA PRODUCT SWEEPSTAKES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Dispute Resolution; Arbitration; Waiver of Jury Trial.

Each entrant agrees, and it is an express and essential condition of his or her entry, that:

(i) NO CLASS ACTION: any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, these Rules, or any prizes awarded shall be resolved individually, without resort to any form of class action, and any such claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding;

(ii) Governing Law: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and BoBA in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of South Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of South Carolina; provided, however, any issues concerning the administration of the Sweepstakes or the determination of winners shall be determined by BoBA in its sole discretion, and any issues with respect to the interpretation, applicability, and enforcement of Section 20(iii) below shall be governed by the Federal Arbitration Act (9 U.S. Code § 1, et seq.) in any instance in which that Act differs from the relevant law of South Carolina;

(iii) ARBITRATION AS EXCLUSIVE DISPUTE RESOLUTION PROCESS: any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by arbitration under the Federal Arbitration Act and using the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) using a single AAA arbitrator selected in accordance with those Commercial Arbitration Rules, with arbitration to occur in Columbia, South Carolina; and the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding;

(iv) Limitation of Remedies: any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. By participating in the Sweepstakes, you expressly waive all rights under Section 1542 of the Civil Code of California (and any similar laws), which reads as follows: “1542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”; and

(v) Waiver of Jury Trial. YOU AND BOBA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BoBA are instead electing that all claims and disputes shall be resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Official Rules as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.