Arbitration & Waiver Language
MANDATORY ARBITRATION. All disputes, claims, actions, questions or differences (“Disputes”) brought by or on behalf of the Contest/Promotion entrant and/or the person who signed this entry form against the sponsors of this Contest/Promotion, including any one or more of Bluegreen Vacations Unlimited, Inc. and any of its or their marketing partners, affiliates, parents, subsidiaries, officers, directors, shareholders, managers, members, or employees, which in any way whatsoever relates to or arises out of this Contest/Promotion entry form, and specifically including the marketing, offering, acquisition, sale or use of a package to a Bluegreen Vacation Club resort destination area, shall be resolved through binding and final arbitration in Broward County, Florida, before a single arbitrator, in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association then in effect. Except as otherwise required by law, (i) class, collective, and representative action procedures shall not be asserted, and shall not apply, in any arbitration pursuant to the foregoing provisions, (ii) no class, collective, or representative action claims shall be asserted against the sponsors or any of its or their marketing partners, affiliates, parents, subsidiaries, officers, directors, shareholders, managers, members, or employees, and (iii) Contest/Promotion entrant shall not seek to represent the interests of any other Contest/Promotion entrant or purchaser of a package to a Bluegreen Vacation Club resort destination area or a vacation ownership plan interest. Waiver of Jury Trial. Contest/Promotion entrant understands that, pursuant to the above language, entrant is giving up any rights to a trial by jury with respect to all Disputes, and to appeal or otherwise seek judicial review of any award determined pursuant to the herein described arbitration procedures, except as provided by applicable law. If entrant is a California resident, if entrant does not want the provisions of this mandatory arbitration procedure to apply, within 30 days of the execution of this entry form entrant must send a written notice signed by entrant to sponsor at Bluegreen Vacations Unlimited, Inc., Attention: Legal Department, 4960 Conference Way North, Suite 100, Boca Raton, FL 33431 stating that the provisions of this mandatory arbitration procedure do not apply. Opting out of the mandatory arbitration procedure will not affect any other provision of this entry form.