Sydney Marathon Runkeeper Challenge 2025 Terms and Conditions 

Sydney Marathon Runkeeper Challenge 2025 Terms and Conditions 

Terms & Conditions of entry 

1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry. 
2. Entry is open only to legal residents of the Eligible Countries who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers  and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, employees of ASICS offices in general, Onitsuka Tiger (including their staff), ASICS ambassadors and/or Frontrunners in general, agencies involved in the development of this Promotion and other persons involved in the Promotion are ineligible to enter and/or to benefit from this Promotion and its Prize in any way. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. In order to be eligible to participate in the Promotion and to receive the prize, the participant must fully comply with these general terms and conditions, and by accepting the prize the recipient agrees to be bound by these general terms and conditions and the decisions of ASICS, whose decisions shall be binding and final in all respects. The same eligibility requirements apply to the chosen travel companion. Companions under the age of 18 must provide an authenticated letter of parental authorisation.
3. The Promotion will be conducted during the Promotion period.  
4. The time zone applicable to any time stated relates to the state or territory where the Promoter is located, unless expressly stated to the contrary. 
5. The Prize/s are specified in the Details of prizes section of the Schedule.  
6. The total prize pool is specified in the Total prize value section of the Schedule. 
   
7. Any prize is valued in Australian dollars unless expressly stated to the contrary.
   
8. All prize amounts in these Terms of Entry are inclusive of the Australian goods and services tax (GST) unless expressly stated to the contrary.
   
9. Prizes involving travel must be taken to coincide with the dates specified in the Details of prizes section of the Schedule or as otherwise specified in the conditions of any third party travel provider. If a winner proposes any changes to the confirmed prize details, such changes will be at the expense of the winner(s) and will only be permitted with the prior consent of the Promoter or third party travel provider.
   
10. Unless otherwise stated, any travel prize does not include travel documents, meals, taxes not included in the price of the ticket, transfers, flights, accommodation or any other costs of a personal nature. Any expenses not specifically mentioned herein are not included as part of the Prize, and are solely the winner’s responsibility. Compliance with any health passport or other government requirements is the responsibility of the prize winner and the companion who travels with them. Failure to comply with this will deem the winner’s entry invalid and the entrant, and therefore the companion, will forfeit the prize. The Promoter makes no representation as to the safety, conditions or other issues that may exist as part of the travel or at the destination. Shall the winner, and companion, travel to Australia, the winner, and companion, will require a passport valid for at least 6 months on date of travel; any necessary visas, health and travel insurance are the responsibility of the winner. ASICS is not responsible if the winner and/or any companion are refused entry or are ejected from the country of destination because they have not complied, or are suspected not to have complied, with any conditions of entry and stay in the country of destination or because of any other governmental decision. Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations.  If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All travel arrangements must be made through the Sponsor or Sponsor’s designee.  Certain restrictions and blackout dates may apply.  The winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen.

11. The Promoter will work with the winner/s to arrange adequate travel insurance cover in the name of the winner/s, and will contribute to the amount payable for travel insurance up to the value specified in the Details of prizes section of the Schedule. Selection of the travel insurance plan will be at the reasonable discretion of the winner/s. Compliance with travel insurance policies and requirements will be the responsibility of the winner/s. To the full extent permitted by law, the Promoter does not assume any liability in the event that the chosen travel insurance policy does not provide cover in any circumstance.

12. The travel Prize is subject to availability at the time of booking. The winner and, if applicable, their companion must travel together on all prize travel. The Promoter is not responsible for any cancellation, delay or rescheduling of flights, and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
    
13. If the winner of the prize has not confirmed their availability to take the prize on the specified dates by the specified time and date, the prize winner’s entry will be deemed invalid. The Promoter reserves the right to conduct a further draw to award the prize, subject to any directions given by any relevant authority.
    
14. Neither the Promoter nor any company or agency associated with the Event accepts responsibility for the cancellation or delay of the Event for any reason beyond their control or any inability of the winner to attend the Event when scheduled.
    
15. If any part of the Event is abandoned, varied, called off or postponed for any reason, the winner and, if applicable, their companion(s), at the Promoter’s discretion, forfeits all rights to attend the Event and no cash or alternative tickets will be substituted for that element of the prize. No transfer, refund or replacement of the prize is permitted.
    
16. Entrants agree to comply with any conditions which accompany the Event.
    
17. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. All taxes or fees on the Prize, if any, are the sole responsibility of the winner, (if winner is a US resident, then winner will receive a form 1099 reflecting the actual value of the Prize received, if applicable). Entrants are responsible for any and all expenses that they incur in entering the Promotion and they will not be reimbursed regardless of whether or not they win the Promotion.
    
18. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid. 
    
19. The time of entry will be deemed to be the time the entry is received by the Promoter.
    
20. Entrants may submit up to the Maximum number of entries (if applicable).
    
21. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
    
22. The prize(s) will be awarded to the valid entrant(s) selected by chance after a draw with random selection in accordance with the Prize draw details. Odds of winning will depend upon the total number of entries received. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
       
23. The winner does not need to be present at the draw unless expressly stated to the contrary. 

24. Australian resident winner(s) first initial, last name and postcode will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
    
25. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
    
26. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
    
27. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
    
28. By participating and completing the ASICS Runkeeper in-app challenge, participants agree to have their personal information, including the winner(s) name and state/territory of residence to be published to ASICS.com. The winner’s personal information will be published to ASICS.com in accordance with the Public announcement of winners section of the Schedule (if applicable). The winner and its companion, if applicable, must be able to provide proof of identity and of legal residence in the participating country upon acceptance of the prize.
    
29. If the prize(s) has not been claimed by the Unclaimed prize draw time and date as communicated to the winner(s) and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable).  In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority.  The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
    
30. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (‘Warranties’) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable. 
    
    
31. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty or consumer guarantee into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
    
32. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.  The winner and companion, if applicable, assume any and all risks associated to participation and redemption of the prize.
    
33. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
    
34. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
    
35. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
    
36. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities. 
    
37. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content. 
    
38. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. For these purposes, entrants consent to the Promoter transferring and/or collecting, storing, processing and using their personal information in their country of residence and in countries other than the entrant’s country of residence.  In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use your personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you
    
39. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with ASICS’ Global Privacy Policy, available at the following link: https://legal.asics.com/en-aop/legal/privacy-policy. The Privacy Policy contains local deviations which adhere to, and adopt, the privacy laws in the Eligible Countries.
    
40. The Promotion and these Terms of entry will be governed by the law of New South Wales, Australia, being the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
    
41. Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
    
42. Any claims or complaints regarding this Promotion should be communicated via email to AOP.CustomerService-Ecom@asics.com. Please clearly state your personal details (name and surname) and contact details, the name of the promotional campaign and the subject of the complaint. ASICS Compliance Department will contact you.

43. The following Terms and Conditions shall apply only to residents of the United States:

1. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00) (USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00) (USD), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

2. Dispute Resolution.  By accessing, browsing, creating an account, or otherwise using the Sponsor’s website (the “Site”), using the Sponsor’s other websites or mobile applications, or visiting Sponsor’s stores, purchasing products or services, or engaging in other transactions or interactions with the Sponsor, including entering and participating in this Sweepstakes, you agree to be bound and abide by the Sponsor’s Terms, SMS Terms, OneASICS™ Terms, Cookie Policy, and Privacy Policy (collectively, the “Terms”). If you do not accept all of the Terms, you must immediately cease use of the Site and other interactions with the Company.  By entering and participating in the Sweepstakes, you further understand and agree that to the extent permitted by applicable law, any and all disputes, claims and causes of action between you and Sponsor arising out of or in connection with the Sweepstakes, or any prize awarded, will be resolved by binding arbitration as set forth in the Terms and you waive your right to bring claims or participate in a class action format.

3.  Binding Arbitration; No Class Relief.  

NOTE: THESE OFFICIAL RULES CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE OFFICIAL RULES AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ASICS.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

To the fullest extent permissible by law, with the exception of disputes pertaining to the Sponsor’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Sponsor including, without limitation, arising under these Official Rules; your use of or entering into the Sweepstakes, or other interaction with the Sponsor (including, without limitation, claims relating to the Sponsor’s advertisements, and disclosures; email, SMS or other messages sent by the Sponsor; or the Sponsor’s collection, processing or retention of your information) (a “Dispute”) shall be resolved through binding arbitration pursuant to these exclusive dispute resolution procedures, except that you may assert claims in small claims court or seek action through government agencies.

Opt-out: You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and waiver of class and representative proceedings specified in these Official Rules by sending a written letter to the Sponsor at 7755 Irvine Center Drive, Suite 400, Irvine, CA 92618; Attn: Legal Department (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Official Rules. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Official Rules shall continue to apply.

Pre-Arbitration Dispute Resolution: Whenever a Dispute arises between you and the Sponsor, you and the Sponsor agree to first send a written notice to the other (a “Demand”). You must send the Demand to the Sponsor via certified mail to the Notice Address. The Sponsor must send the Demand to you via certified mail to the most recent address the Sponsor has on file for you (or by email if the Sponsor only has an email address for you on file). A Demand (1) shall seek to resolve the Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for the Sponsor by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and the Sponsor will personally attend (with counsel, if represented). You and the Sponsor agree that you and the Sponsor will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.

Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or the Sponsor’s satisfaction within the time periods set forth above for Pre-Arbitration Dispute Resolution and you or the Sponsor intend on taking legal action, you and the Sponsor agree that you or the Sponsor shall file a demand for arbitration with National Arbitration & Mediation (“NAM”) (https://www.namadr.com/). The arbitration will be conducted by a single arbitrator with NAM under its Comprehensive Dispute Resolution Procedures and Rules then in effect subject to the Mass Arbitration provisions below. You or the Sponsor may choose to have the arbitration based only on written submissions or to attend in-person, by telephone or video conference. The arbitration will be kept confidential except as may lawfully be required.

Payment of all fees will be governed by the NAM rules. Either you or the Sponsor may seek attorneys’ fees and costs in arbitration if the arbitrator determines the claims are frivolous. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION UNLESS THE MASS ARBITRATION PROVISIONS SET FORTH BELOW ARE TRIGGERED. NEITHER YOU NOR THE SPONSOR MAY ACT AS A PRIVATE ATTORNEY GENERAL OR CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.

Mass Arbitration: If, at any time, twenty-five (25) or more claimants submit demands or seek to file demands for arbitration raising similar Disputes against the Sponsor, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules” then in effect, available at https://www.namadr.com/resources/rules-fees-forms/) such as where representation of the claimants is the same, consistent or coordinated across the cases, the NAM Mass Filing Rules in effect at the time such demand is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.

 Stage One: Counsel for the claimants and counsel for the Sponsor shall each select five (5) claims per side and the NAM Procedural Arbitrator will randomly select fifteen (15) claims (twenty-five (25) claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Sponsor will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

Stage Two: If the remaining claims are not resolved after the global mediation in Stage One, then counsel for the claimants and counsel for the Sponsor shall each select ten (10) claims per side and the NAM Procedural Arbitrator will randomly select thirty (30) claims (fifty (50) claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they proceed in arbitration proceedings as part of a staged process. Either party may appeal a decision/award rendered in an individual arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Sponsor will pay the mediator’s fee. The pendency of any appeal shall not delay this global mediation.

If your Claim is not resolved as part of the staged process identified above, either:

Option One: You and the Sponsor may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Official Rules on an individual basis (not a class or consolidated basis). You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within thirty (30) days after the conclusion of Stage 2 including its mediation. Sponsor may opt your claim out of arbitration by sending a notice signed by an authorized Sponsor representative of the Sponsor’s intention to opt out to your counsel within fourteen (14) days after the expiration of your thirty (30)-day opt out period. Counsel for the parties may agree in writing to adjust these deadlines.

OR

Option Two: If neither you nor Sponsor elect to have your claim heard in court consistent with Option One, then you agree that your claim will be batched by the NAM Procedural Arbitrator into groups of five hundred (500) claimants, to be filed and to proceed in separate consolidated arbitrations, subject to any procedural changes the parties agreed to in writing. Each of these consolidated arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Either party may appeal a decision/award rendered in a consolidated arbitration pursuant to NAM’s Appellate Dispute Resolution Rules and Procedures in effect at the time the decision/award is rendered. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin any lawsuit and the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. You and the Sponsor agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and the Sponsor acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and the Sponsor further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass 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 unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose. If the staging process of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the remaining claims shall be subject to Option One or Option Two above as selected by you or the Sponsor. If the Mass Filing provisions apply to your claim, and a court of competent jurisdiction determines that the Mass Filing provisions are not enforceable as to your claim, then your claim will proceed in a court of competent jurisdiction on an individual basis (not a class or consolidated basis).

In the event of an exercise of an opt out of, or any exception to, the binding arbitration as provided above, all such Disputes or litigation shall be exclusively brought in the applicable state or federal courts of Orange County, California. You agree and consent to waive all defenses of lack of personal jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction in the state and federal courts of Orange County, California. You consent to exclusive jurisdiction and venue in these courts.

You agree that any and all claims be brought by you within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.

This section of these Official Rules will survive the termination of the relationship with you and the Sponsor.