Official Giveaway Rules

Official Rules

Effective Date: September 2023

 

  1. Application to Giveaways. These Official Rules (“Official Rules”) apply to every giveaway and promotion (each a “Giveaway,” and collectively, “Giveaways”) held by OC Media Holdings LLC, an Arkansas limited liability company d/b/a "One Country" ("One Country"). However, specific Giveaways may have specific rules.  In such cases, One Country will publish such specific rules on the page for such Giveaway. Where those rules differ from these rules, those specific rules will control unless a rule in these Official Rules is expressly provided herein to control (in which case such specific rule herein shall control over the specific rules on the page for such Giveaway).

 

  1. No Purchase Necessary.  NO PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GIVEAWAY. THERE IS NO COST TO ENTER ANY GIVEAWAY, AND ALTERNATE METHODS OF ENTRY ARE ALWAYS AVAILABLE FOR ALL GIVEAWAYS. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, THE GIVEAWAY AND ENTRIES ARE VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW THROUGH NO FURTHER ACT OF ANY PARTY. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.

 

  1. Methods of Entering a Giveaway. Our Giveaways are always free to enter.  Depending on your preference, you can enter in a variety of ways:

 

    1. If you become a One Country member, in addition to receiving your member benefits such as exclusive radio and other media content, you will receive a number of entries each month of your membership.  To become a member, visit onecountry.com,
    2. You can receive a set number of entries by providing certain written or other content to us that we request (“Content”).
    3. You can receive a set number of entries each time you enter using our Free Entry Portal (the “Portal”).  Go to the page for the Giveaway you wish to enter and scroll down to the “Legal Information” section of that page, then click on the “Entry Portal" link in the Legal Jargon version (or “here” on the Plain English version) and fill out the form before the end of the Giveaway. 

 

You will get a certain number of entries from the Portal based on the conversion described in these Official Rules or expressly and specifically for that Giveaway (in the event the Giveaway specifically provides a conversion, that conversion shall be the one used). 

 

  1. Maximum Number of Entries. Unless otherwise expressly provided in a specific Giveaway, each entry using the Portal is automatically assigned the maximum of 200 entries to the applicable sweepstakes each day one enters. Regardless of how you enter, the maximum number of entries for any one person is restricted to 6,000 per person per month of Giveaway. ALL ENTRIES ARE EQUALLY ELIGIBLE FOR ALL GIVEAWAYS.  THE ODDS OF WINNING FOR AN INDIVIDUAL ENTRY ARE THE SAME REGARDLESS OF ENTRY METHOD, AND YOU ARE ABLE TO ACCUMULATE THE SAME NUMBER OF ENTRIES FOR A GIVEAWAY REGARDLESS OF YOUR ENTRY METHOD.

 

  1. Entry Eligibility.

 

            (a)        Contestants. Persons in any of the following categories are NOT eligible to participate or win prizes in a Giveaway: any person who on or after February 25, 2019, was or is: (a) a director, officer, employee, agent, or independent contractor of One Country or any charity participating in a Giveaway, or the applicable parent company, subsidiaries, affiliates or service agencies; or any entities retained by such person for the administration of the Giveaway; (b) an individual engaged in the development, production or distribution of the Giveaway materials or the prize supply for the Giveaway; and (c) an immediate family member (defined as spouse, IRS dependent, or biological, adoptive or stepmother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who resides in the same household as, any person in any of the preceding categories. .

            (b)       US and Non-US Entries. Most Giveaways are open to legal residents of the fifty (50) United States and the District of Columbia, but they are all void in all countries on the United States list of embargoed countries found here and any other state or country where local laws would prohibit the provision of or entry into a Giveaway. PLEASE CONTACT US AT SUPPORT@ONECOUNTRY.COM TO DETERMINE IF A GIVEAWAY IS OPEN IN YOUR COUNTRY, STATE, OR PRINCIPALITY.

             (c)        Eligibility Frequency Limits. From time to time One Country may set limitations on how frequently someone can be eligible to win more than one Major or Minor prize within a specified time period. In those cases, a "Major" prize is one that has an approximate retail value of Sixteen Hundred United States Dollars ($1,600.00 USD) or more. A "Minor" prize is one that has an approximate retail value less than Sixteen Hundred United States Dollars ($1,600.00 USD).

            (d)       Prize Limitations. Your country, state, principality or governing body may allow you to enter a Giveaway but not allow you to receive the prize from winning such Giveaway. One Country is not obligated to deliver a prize or allow your entry into a Giveaway if such delivery or entry would violate applicable law or regulations. 

(e)       IT IS YOUR RESPONSIBILITY TO CONFIRM (i) YOUR ELIGIBILITY TO ENTER A GIVEAWAY, (ii) WHETHER OR NOT A GIVEAWAY IS OPEN IN YOUR STATE, COUNTRY OR PRINCIPALITY, (iii) ANY ELIGIBILITY FREQUENCY LIMITS APPLICABLE TO YOU AND (iv) ANY SPECIFIC RESTRICTIONS ON ACCEPTANCE OR RECEIPT OF THE GIVEAWAY PRIZE(S) APPLICABLE TO YOU BEFORE ENTERING A GIVEAWAY OR CLAIMING A PRIZE. IN ALL CASES, NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, CAMPAIGNS ARE VOID WHERE PROHIBITED BY LAW AS DESCRIBED IN SECTION 2 ABOVE.

 

  1. Entry Window. The start and end date for each Giveaway is listed on the page for that specific Giveaway. Unless otherwise specified, entries for a Giveaway are first accepted at 12:00:01 A.M. CST and not accepted after 11:59:59 P.M. CST on the days specified on the page for such Giveaway. As part of a Giveaway and in addition to the Giveaway prize, One Country may offer "flash prizes" that are expressly marked as "flash prizes" under a Giveaway's specific rules ("Flash Prizes"). Each Flash Prize offer shall have an entry period and prize amount as specifically provided for such Flash Prize under the applicable specific Giveaway rules. A winner of a Flash Prize wins the applicable amount marked as such Flash Prize and is not, by virtue of winning such Flash Prize, the winner of the Giveaway under which such Flash Prize is offered. An entry into a Flash Prize offer under a Giveaway shall provide the recipient an entry into such Giveaway and into such Flash Prize. The winner of a Flash Prize shall be chosen separately hereunder from the winner of the Giveaway under which such Flash Prize is offered.

 

  1. Notification of Win. Within ten (10) business days of a Giveaway closing, One Country will use an automated random drawing process, determined by One Country, to draw a potential winner for that Giveaway. A confirmation process, which may include a background check, will then take place to ensure the potential winner meets the legal standards required. The winner and (if applicable) his or her guest(s) agree to cooperate fully with One Country in One Country conducting any background check(s), which includes providing information requested by One Country including, but not limited to, full legal names and addresses. If the prize of such Giveaway includes meeting a celebrity, meeting a public figure, or attending a special event and any background check indicates, in One Country's sole discretion, that the potential winner or the potential winner's guest(s) pose a danger to or may harm the reputation of any person or entity involved in the Giveaway, One Country may disqualify said winner and move on to the next randomly drawn potential winner. Pending a positive outcome of the confirmation process, a One Country representative will notify the potential winner via email and/or phone. The potential winner must respond within the time period designated in the notification (or otherwise within five (5) days of such attempt at notification by One Country if no time period is given in the notification), or One Country may, in its sole and absolute discretion, either (i) select another randomly drawn potential winner in accordance with this Section 7, or (ii) continue to attempt notification of the existing potential winner until such time as One Country makes successful contact with such existing potential winner or decides, in One Country's sole and absolute discretion, to select another randomly drawn potential winner in accordance with this Section 7. Before confirming a potential winner as the winner, One Country may require the potential winner to confirm their eligibility. Upon such confirmation, the potential winner and guest(s) must execute and return all required documents within the time frame specified by One Country. If the potential winner and guest do not execute and return all required documents within the time frame specified by One Country, they will forfeit the prize and One Country will move on to another randomly drawn potential winner. Travel companions are also required to sign a liability/publicity release prior to issuance of tickets. Additionally, travel companions/guests of the winner may be subject to a background check, which may impact their ability to participate in the prize.

 

  1. Prize Conditions. One Country describes each prize at the applicable Giveaway page and in any special Giveaway rules, including the approximate retail value for that prize. Some prizes have additional restrictions or conditions posted on the Giveaway page for such prize. For all travel prizes, the winner must travel on the dates and itinerary specified by One Country and all airfare is coach class and hotel accommodations are standard class, unless otherwise specified. Any meetings with celebrities are subject to security and background checks. For international travel, the winner is responsible for obtaining all necessary travel authorizations, visas, or other documentation. All expenses are your responsibility. Travel restrictions, conditions and limitations may apply. The prize value may vary depending on point of departure, travel dates and fare/rate fluctuations. One Country is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to a prize or trip. Lost or stolen tickets, travel vouchers or certificates or similar items once they are in your possession, will not be replaced. Winner and guest must travel on the same itinerary. If you or your guest are, in our opinion or the opinion of our partners, obnoxious, threatening, abusive, or harassing before or during the trip or prize, One Country and its partners reserve the right to deny or terminate the trip or prize, in whole or in part, and move on to the next randomly drawn winner if the prize has not yet been delivered. Your guest must be of legal age of majority in his/her jurisdiction of residence, or your child or legal ward (unless otherwise approved by us). If you live within a one hundred (100) mile radius of the site where the prize is to be performed, One Country may provide ground transportation or a stipend for ground transportation instead. Additionally, any and all expenses not specified above, including, but not limited to, checked baggage fees, meals and gratuities, are the sole responsibility of the winner and the winner's guest(s). Prizes cannot be transferred or substituted, except One Country can substitute a prize of equal or greater value in One Country's discretion. Unless otherwise specified in the specific Giveaway rules, in the event that a portion of a prize goes unused, it may not be substituted, transferred, or redeemed for cash. You will be responsible for any taxes resulting from winning or entering into a Giveaway. Upon your written request to support@onecountry.com, One Country will give you a Form W-9 to verify One Country's tax identification number. All winners that receive a prize will be issued a Form 1099 to extent required by applicable law.

 

  1. Prize PayoutNotwithstanding any provision of these Official Rules, the specific rules on any Giveaway page or any other representation, One Country, in its sole and absolute discretion, may either (a) award the prize specified in such specific rules or (b) award the “Cash Alternative” amount provided in the specific rules for such Giveaway. If a prize is awarded in cash pursuant to this Section 9, One Country may pay such cash amount in up to three hundred and sixty (360) equal successive, monthly installments.

 

  1. Award of any Vehicle.  Unless otherwise noted in the specific rules on any Giveaway page, winners are solely responsible for all taxes, costs, and fees associated with any vehicle receipt, ownership, and/or use. The winner will not be eligible for any cash rebate programs, must have a valid driver’s license, proof of insurance, and must take delivery of the vehicle at a location specified by One Country. For any prize vehicle, neither One Country, any Giveaway partner, nor the vehicle manufacturer has made nor is responsible or liable for any warranty, representation, or guarantee express or implied, in fact, or law, relative to the prize vehicle, including but not limited to its quality, mechanical condition or fitness. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, A GIVEAWAY INVOLVING A MOTOR VEHICLE AS A PRIZE SHALL BE LIMITED TO LEGAL RESIDENTS OF THE UNITED STATES.

 

  1. Award of any Real Property Interest.  Unless otherwise noted in the specific rules on any Giveaway page winners are solely responsible for all taxes, costs, and fees associated with any real property interest receipt, ownership, and/or use.  In addition, notwithstanding any provision of these Official Rules, the specific rules on any Giveaway page or any other representation, if any Giveaway involves a real property interest (e.g., a house) as a prize, One Country, in its sole and absolute discretion, in addition to its options under Section 9 of these Official Rules, may transfer to the winner the deed to the property. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, A GIVEAWAY INVOLVING A REAL PROPERTY INTEREST AS A PRIZE SHALL BE LIMITED TO LEGAL RESIDENTS OF THE UNITED STATES.    

 

  1. Uses of Information. When you enter a Giveaway, One Country will collect some information about you. Check out our Privacy Policy at https://www.onecountry.com/pages/privacy to see what information One Country collects and how One Country will use it. If you choose to enter a Giveaway, you agree to the terms of the Privacy Policy and collection and use of information as set out therein.

 

  1. Important Legal Terms. The Giveaway prize providers involved in the Giveaway and the persons providing prizes, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively, the "Released Parties"), are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable email; or for any computer, telephone, satellite, cable, network, electronic or internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/internet/website/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. By entering a Giveaway, you agree: (a) to be bound by these Official Rules, the specific rules for the Giveaway, and by all applicable laws and decisions of One Country, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules, the specific rules for the Giveaway, or any other representation; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with that Giveaway; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees), whether brought, sought, or suffered by you or a third party, that may arise in connection with your entry, creation or submission of an entry or participation in a Giveaway (including any Giveaway prize or cash payout), acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses. NOTWITHSTANDING ANY OTHER PROVISION OF THESE OFFICIAL RULES, THE SPECIFIC RULES ON ANY GIVEAWAY PAGE OR ANY OTHER REPRESENTATION, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ONE COUNTRY HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

  1. Venue and Damages. All disputes and disagreements between us will be governed by laws of the State of Arkansas and you agree to bring any and all claims against us only in the Federal and State courts located in Washington County, Arkansas. You also agree that unless you are prohibited from law in doing so, you promise you will individually bring any and all disputes, claims and causes of action against One Country, without resort to any form of class action. Finally, unless the law prohibits you from doing so, you agree to waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.

 

  1. Transfer.  The transfer of status as a winner of a Giveaway is strictly prohibited.

 

  1. General Conditions. By participating in a Giveaway, each participant agrees to abide by and be bound by these Official Rules, the specific rules for a particular Giveaway, and the decisions of One Country. All such decisions shall be final, binding and non-appealable. Prizes and Giveaway wins are non-assignable and non-transferable. Unless expressly provided in the specific page rules of a Giveaway or in these Official Rules, no prize substitutions or cash redemptions of any prize or any portion thereof is allowed, offered or available. One Country reserves the right in its sole discretion to substitute any prize or portion thereof of equal or greater value if any prize or portion thereof is unavailable for any reason. Details of prizes or portions thereof not specified herein, if any, will be determined at the sole discretion of One Country. Each Giveaway participant grants One Country the irrevocable, unrestricted worldwide right to use, publish, display, broadcast and distribute materials bearing such participant's name, voice, image, likeness and/or any other identifiable representation of such participant, including, but not limited to, Content provided by or statements attributable to such participant ("Participant's Likeness"). Each participant agrees that all materials containing such Participant's Likeness shall be and remain the sole and exclusive property of One Country, and such participant hereby assigns any and all rights in or to such material to One Country and releases and forever discharges One Country from any and all claims, liabilities and damages relating to the use of Participant's Likeness. Participant hereby waives any and all rights to inspect or approve One Country's use of the submission or Participant's Likeness, or any part or element thereof. Prize winner shall be responsible for all federal, state and/or local income taxes incurred in association with acceptance of the prize. By participating in a Giveaway, each participant agrees that One Country, its parent company, subsidiaries, affiliates, franchisees, local advertising cooperatives, advertising/promotion agencies, and all of their respective directors, officers, employees, representatives, and agents (the "Giveaway Entities") shall not be responsible or liable for: (a) miscommunications, printing errors, clerical, typographical or other error in any Giveaway materials or printed copy or artwork, or any prize offering announcement; (b) any errors of any kind, whether human, mechanical, clerical, electronic, digital or technical in nature, or unauthorized human intervention; or (c) any losses, damages or injuries of any kind, including but not limited to those related to defamation, portrayal in a false light or privacy rights, resulting from or in connection with participation in any Giveaway or from acceptance, receipt, possession and/or use or misuse of a prize, including from the posting or publication of any information or portion thereof online or in any media. All Giveaways are subject to all applicable federal, state and local laws and regulations. Any prizes that are not duly claimed in accordance with these Official Rules will not be awarded.

 

  1. Prize Conditions. Any and all costs, fees, and expenses not expressly stated in the prize description are the sole responsibility of the prize winner. Any difference between the approximate retail value and the actual value will not be awarded.

 

  1. Miscellaneous.

 

             (a)        DISQUALIFICATION. IT IS THE PARTICIPANT'S RESPONSIBILITY TO ENSURE COMPLIANCE IN ALL RESPECTS WITH THESE OFFICIAL RULES AND WITH THE SPECIFIC RULES FOR A GIVEAWAY. ONE COUNTRY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESSES OR THE OPERATION OF ANY AND ALL GIVEAWAYS; ACTS IN VIOLATION OF THESE OFFICIAL RULES; OR ACTS WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAYS, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON. ONE COUNTRY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

             (b)       Force Majeure. One Country reserves the right, without prior notice and at any time, to terminate a Giveaway, in whole or in part, or modify or suspend a Giveaway, or any portion thereof, in any way, if it determines, in its sole discretion, that the Giveaway is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Giveaway. In the event One Country is prevented from continuing with a Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within One Country's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, One Country shall have the right to modify, suspend, or terminate the Giveaway. Only the type and quantity of prizes described in these Official Rules will be awarded. If, due to printing, production, or human errors, or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each participant's sole and exclusive remedy under such circumstances.

            (c)        Invalidity.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of One Country. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Giveaway materials and these Official Rules, these Official Rules shall prevail, govern and control.

            (d)       Language.  In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules and/or of any Giveaway materials, the English version shall prevail, govern and control.

         (e)        Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant or One Country in connection with any Giveaway, shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws.

            (f)        Arbitration Disclosure. By participating in a Giveaway, each participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) such participant may have against One Country, its members, managers, officers, owners, representatives and/or agents, arising out of, relating to, or connected in any way with the Giveaway, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for the participant), or at such other location as may be mutually agreed by the participant and Sponsor; (4) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the participant may have entered into in connection with the particular Giveaway; (5) the arbitrator shall apply Arkansas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis as participant hereby waives the right to assert claims in any class or representative action; arbitration can thus decide only the participant's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against the participant or One Country; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against One Country exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, One Country agrees to pay them and/or forward them on the participant's behalf, subject to ultimate allocation by the arbitrator. In addition, if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, One Country will pay as much of the participant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, participants may visit the AAA Website at http://www.adr.org. If a Claim is not subject to arbitration pursuant to the foregoing provisions of this Section 18(f), then you agree such Claim will be limited to your actual out-of-pocket costs incurred (if any), excluding fees and court costs, to the extent decided your Claim will be decided individually, and to the extent decided your Claim shall not be decided with resort to any form of class or representative action. To the extent permitted by law, the existence of the arbitration, Claim or other action pertaining to the Claim, the arbitration, settlement or other proceedings, and the outcome of the arbitration, settlement or other proceeding will be treated as confidential and will not be disclosed by either party. You agree that an award, and any judgment, ruling, decision or agreement confirming it, only applies to the proceeding in which it was awarded or agreed to and cannot be used in any other proceeding except to enforce the award or agreement itself.

 

  1. Conjunction with Terms of Service and Privacy Policy. The terms of these Official Rules are intended to be construed in conjunction with the Terms of Service and Privacy Policy available at onecountry.com and, except as otherwise expressly provided herein or therein, no provision of any such agreement or document is intended to supplant or replace any provision of any other document.