The arbitrator will not have the power to award
damages in excess
of the limitation on
actual compensatory, direct
damages set forth in the Terms and may not
multiply actual damages or award punitive
damages or any other
damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such
damages.
Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential
damages, including reasonable attorneys» fees, other than participant's
actual out -
of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have
damages multiplied or increased.
Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes
of action arising out
of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form
of class action, and exclusively by a federal or state court located in the province
of Alberta any and all claims, judgments and awards shall be limited to
actual out -
of - pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys» fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.