Official Rules for the Sweepstakes (the “Sweepstakes”)

CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. YOU HAVE NOT YET WON. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. GRAND PRIZE: AS SPECIFIED IN THE SWEEPSTAKES ANNOUNCEMENT (DEFINED BELOW). OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO WITH ACCESS TO REGISTER FOR OR SIGN-IN TO A PAYTIENT HEALTH PAYMENT ACCOUNT WHO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES AND THE APPLICABLE SWEEPSTAKES ANNOUNCEMENT. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE UNITED STATES.

SPONSOR: Paytient Technologies, Inc., 3601 Endeavor Ave., Suite 109, Columbia, MO 65201 (“Sponsor”).

THESE RULES CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THE RULES IN THEIR ENTIRETY BEFORE ENTERING THE SWEEPSTAKES.

1. ELIGIBILITY: The Sweepstakes are offered only to (a) legal residents in the 50 United States, the District of Columbia, and Puerto Rico (b) who are at least 18 years of age or older at the time of entry, (c) have access to sign-in to a Paytient Health Payment Account or access to register for a Paytient Health Payment Account, and (d) meet other criteria specified in the Sweepstakes Announcement, which is incorporated into these Rules by reference (each an “Eligible Entrant”). If any winner is an Eligible Entrant but is a minor in his/her state or territory of residence, a prize may be awarded in the name of such winner’s parent/legal guardian, who must complete and return to Sponsor any required documentation. Employees, officers, and directors of Sponsor, or any of its representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to participate or win. All federal, state, and local laws and regulations apply. Sponsor reserves the right to verify the eligibility of winners, including, without limitation, by requiring U.S. residents to provide a valid identification and a valid taxpayer identification number or social security number to claim a prize. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.  
   
   From time to time, Sponsor may offer individuals the opportunity to enter into a sweepstakes promotion (“Sweepstakes”). Sponsor will announce a Sweepstakes through an official sweepstakes email or other promotion (“Sweepstakes Announcement”). The start and end date and time for each Sweepstakes will be between 12:00:01 am CT on the start-date specified in the Sweepstakes Announcement and 11:59:59 on the end-date specified in the Sweepstakes Announcement (“Sweepstakes Period”), during which entries must be submitted. Sponsor’s clock is the official clock for the Sweepstakes. Sponsor will only accept entries submitted as described in these Rules and the applicable Sweepstakes Announcement during the specified Sweepstakes Period. Each Eligible Entrant may submit up to one (1) total entry during the Sweepstakes Period, provided such Eligible Entrant meets all criteria in these Rules and the relevant Sweepstakes Announcement. You must have access to the internet to enter.

2. HOW TO ENTER A SWEEPSTAKES: After you have received a Sweepstakes Announcement, you may enter the Sweepstakes by, during the specified Sweepstakes Period, signing-in to your Paytient Health Payment account at my.paytient.com (the “Website”) or the Paytient mobile app (the “App”) and clicking “Enter for a Chance to Win”. Doing so will automatically enter you with one (1) entry in the Sweepstakes. If you are eligible for, but you have not yet registered for a Paytient Health Payment Account, you may enter the Sweepstakes by going to the Website or the App, clicking “Apply Now”, completing the registration process, and clicking “Enter for a Chance to Win” during the specified Sweepstakes Period (a “sign-up”).  Doing so will automatically enter you with one (1) entry in the Sweepstakes.
   
   All sign-ins or sign ups must be complete to be eligible. Sign-ins or Sign-ups that are untimely, incomplete, garbled, corrupted, or unintelligible for any reason are void. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Each Eligible Entrant is permitted only one (1) entry per Sweepstakes regardless of the number of times that they sign-in during the Entry Period. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, registrations, email addresses, log-ins, automated and/or third-party entries or any other method will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Each Entrant must specify one (1) unique email address. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Entries from one Sweepstakes will not be transferred to any other Sweepstakes, unless otherwise specified by Sponsor in writing. To be eligible to win a prize during a Sweepstakes Period, you must enter that Sweepstakes during the applicable Entry Period using the applicable entry method.

3. PRIZE: Sponsor will select one (1) prize winner for each Sweepstakes. The prizes and applicable approximate retail value (“ARV”) may vary, and will be specified for each Sweepstakes in the applicable Sweepstakes Announcement.
   
   Prize Restrictions: Limit one (1) prize per person/household, per Sweepstakes. Each Sweepstakes shall be administered separately, and the total aggregate ARV of the prize for each Sweepstakes is based solely on that particular Sweepstakes. Sponsor shall, in its sole discretion, select the prizes and prize winners. If you have questions regarding any prize, please contact Sponsor at sweepstakes@paytient.com. Dates, times, deadlines, and prizes are subject to change in the sole discretion of the Sponsor.
   
   ANY AND ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF PRIZE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF WINNER.
   
   Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules or an applicable Sweepstakes Announcement is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

4. SELECTION OF WINNERS; ODDS OF WINNING: Within five (5) business days of the close of the Entry Period, Sponsor will select the name of one (1) winner in a random drawing from among all eligible entries received for the applicable Sweepstakes. The drawing will take place at Sponsor’s offices in Columbia, MO or another location designated by Sponsor. If your entry is drawn, you will be deemed the potential winner of the prize for the applicable Sweepstakes, pending confirmation and/or verification of your eligibility and compliance with these Official Rules. The odds of winning are based on the number of eligible entries received.

5. AWARD OF PRIZE: If you are selected as a potential winner of a Sweepstakes, you will be notified by email, telephone or mail within ten (10) business days of the applicable drawing. To claim your prize, you must reply to Sponsor as specified and within the time period indicated in your notification, or Sponsor may, in its sole discretion, select an alternative potential winner. Before awarding a prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return any required documentation, including but not limited to a Declaration of Eligibility and Release, tax acknowledgment, and other forms. If requested, you must execute and return any and all documents requested by Sponsor, completed in their entirety, within ten (10) business days from the date any such documents are sent to you, and participate in any other checks or activities upon request, or your prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or otherwise not in compliance with these Official Rules, decline to accept the prize, Sponsor is unable to contact you, or in the event that the prize or prize notification is returned undeliverable, you will forfeit the prize, and Sponsor may, in its sole discretion, select an alternative potential winner at random from the pool of all Eligible Entrants.
   
   Please allow 8-12 weeks for delivery of your prize. The right to receive a prize is non-assignable, non-transferable, and no prize substitution, exchange, transfer or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Sponsor will not replace any lost or stolen prizes or components of a prize(s). Any expenses not stated relating to acceptance and use of a prize are the sole responsibility of the winner. FEDERAL, STATE AND LOCAL TAXES, IF ANY, ARE YOUR SOLE RESPONSIBILITY. Only the number of prizes stated in these Official Rules and the applicable Sweepstakes Announcement will be available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules and the applicable Sweepstakes Announcement, an alternate winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

6. VERIFICATION OF POTENTIAL WINNER: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ELIGIBLE ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
   

7. GENERAL CONDITIONS: SPONSOR AND ITS, AFFILIATES, SUBSIDIARIES, CLIENTS, CUSTOMERS, PARTNERS, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, (“RELEASED PARTIES”) ARE NOT RESPONSIBLE FOR ILLEGIBLE, LOST, LATE, INCOMPLETE, MISDIRECTED, OR UNDELIVERABLE EMAIL OR ENTRIES; OR FOR ANY WEBSITE, 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/WEB SITE/USE NET ACCESSIBILITY, AVAILABILITY, OR TRAFFIC CONGESTION, OR ANY TECHNICAL, TYPOGRAPHICAL, PRINTING, OR OTHER ERROR, OR UNAUTHORIZED HUMAN INTERVENTION, OR THE INCORRECT OR INACCURATE CAPTURE OF REGISTRATION OR LOG-IN INFORMATION, OR THE FAILURE TO CAPTURE, OR LOSS OF, ANY SUCH INFORMATION OR LOG-INS OR OF ANY ENTRIES. PROOF OF SUBMISSION OF ENTRY WILL NOT BE DEEMED PROOF OF RECEIPT BY SPONSOR. THE RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, OR TECHNICAL ERROR. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
   
   These Official Rules are subject to and incorporated by reference within Sponsor’s Terms of Service, which can be found at paytient.com/terms. If there is any conflict between the Terms of Service and these Official Rules, the Official Rules take precedence but only in relation to a Sweepstakes. In the event of any conflict with any details contained in these Official Rules and details contained on the Website, the details set forth in these Official Rules shall prevail. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of a Sweepstakes or to be acting in violation of these Official Rules. In such event, Sponsor may terminate an individual’s ability to participate in any or all Sweepstakes and/or to receive a prize.
   
   CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES OR THE WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

8. MODIFICATION AND CANCELLATION: If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the sweepstakes and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO END OR NO LONGER PROCEED WITH A SWEEPSTAKES.

9. LIMITATION OF LIABILITY AND RELEASE: By entering a Sweepstakes, you, and on behalf of your heirs, executors, and administrators, agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Released Parties in connection with the Website or any Sweepstakes, including any prize; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (i) the Website, Sweepstakes, any prize, or any activities engaged in in connection with the Website or a Sweepstakes, or any prize, including but not limited to your participation or inability to participate in any Sweepstakes or other activity, (ii) typographical or printing errors in these Official Rules or the Sweepstakes materials, including by not limited to a Sweepstakes Announcement; (iii) any change in any prize (or any components thereof); (iv) any interruptions in or postponement, cancellation, or modification of any Sweepstakes; (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any entry, (vii) any technical malfunctions or unavailability of the Website, or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or you, (viii) interruption or inability to access the Website or any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or any other third party, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you or of any third party.
   
   IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE TO ANY ENTRANT OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH A SWEEPSTAKES, OR YOUR RECEIPT OR USE OF A PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE. SPONSOR DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

10. Resolving Disputes
    
    1. Let’s Try To Sort Things Out First: We want to address your concerns without needing a formal legal case. Before filing a claim against Sponsor, you agree to try to resolve the dispute informally by contacting legal@paytient.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Sponsor may bring a formal proceeding.
    2. We Both Agree To Arbitrate: You and Sponsor agree to resolve any claims relating to these Official Rules or any Sweepstakes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
    3. Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by sending a letter to Sponsor that must be postmarked within 30 days of your Sweepstakes entry. The letter must specify your first and last name, email address, date of birth, and mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to Paytient Technologies, Inc., ATTN: Legal Department, 3601 Endeavor Ave., Suite 109, Columbia, MO 6520.
    4. Arbitration Procedures: If the dispute is not resolved as provided above (Initial Dispute Resolution) either you or Sponsor may initiate arbitration proceedings through National Arbitration and Mediation (“NAM”) (www.namadr.com).  NAM will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. Any dispute shall be arbitrated on an individual basis; class arbitrations and class actions are not permitted, and you and Sponsor agree not to bring any claims as part of a class action or to bring any claims on behalf of or purporting to represent more than one claimant. Notwithstanding this acknowledgement and agreement, any arbitration involving you may proceed on a consolidated basis if Sponsor provides its consent to consolidate in writing.  All issues shall be for the arbitrator to decide, including the scope of this provision. You and Sponsor agree that the party initiating arbitration must submit a signed certification to NAM that they have complied with the pre-arbitration notice and initial dispute resolution procedures, before initiating arbitration.
       
       Any arbitration shall be conducted in accordance with the applicable NAM rules, including the Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Dispute Resolutions Rules and Procedures, as applicable. The NAM rules and additional information about NAMS are available at www.namadr.com. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
       
       Because this website and these Terms and Conditions concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
       
       Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
       
       Payment of Arbitration Fees and Costs – Responsibility for the payment of arbitration fees (including filing, arbitrator, and hearing fees) will be governed by the NAM rules unless you qualify for a fee waiver under applicable law, in which case you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. Each party shall be responsible for its own attorney fees and costs incurred in such arbitration unless the arbitrator awards sanctions or determines that the substance of the claim, defense, or relief sought is frivolous or brought for an improper purpose, in which case the arbitrator may order you or Sponsor to pay the other side’s attorney fees or costs.
       
       The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
       
       Mass Filing and Batching Process - For purposes of efficient administration, in the event twenty (20) or more substantially similar demands for arbitration are filed by or with the assistance or coordination of the same law firm, group of law firms, or organization (“Mass Filing”), the parties agree that (1) NAM (or another arbitration provider selected by the parties or by the court if NAM is unavailable), shall administer the Mass Filing in batches of 20 per batch (if, after batching, fewer than 20 demands remain, then the final batch will consist of the remaining demands); (ii) a single, different arbitrator shall be designated for each batch (unless the parties agree otherwise) selected in accordance with the applicable NAM rules; (iii) no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 20 is filed, processed, and adjudicated, (iv) any arbitration fees associated with a demand for arbitration included in a Mass Filing shall only be assessed after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 20 demands, shall continue until each demand (including Your demand) is adjudicated or otherwise resolved.
       
       You agree to cooperate in good faith with Sponsor and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Any disagreement between the parties as to whether the batch arbitration procedure applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. The batch arbitration procedure set forth herein shall in no way be interpreted as authorizing class arbitration of any kind. We reserve our right to raise unique defenses as to each claimant in connection with this process, and you reserve all rights to raise unique claims, facts, and defenses in connection with your claims. While NAM shall batch the claims for organizational purposes, it shall not consolidate them for decision on the merits and shall decide each case on the merits individually. If your demand for arbitration is included in the Mass Filing, Your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
       
       The results of the first batch of demands will be given to a NAM mediator selected from a group of 5 mediators initially proposed by NAM, with Sponsor and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Sponsor, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Sponsor or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Sponsor nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
       

5. Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States that is convenient for you.  You and Sponsor agree to submit to the personal jurisdiction of any federal or state court in Columbia, MO in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
6. Exceptions to Agreement to Arbitrate: Either you or Sponsor may assert claims, if they qualify, in small claims court in Columbia, MO or any other county in which Sponsor has a principal business address. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
7. No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
   
   BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SPONSOR, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF SERVICE. OTHERWISE, YOU ARE NOT AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION TO THE EXTENT THAT YOU PARTICIPATE IN A SWEEPSTAKES.

8. Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sponsor agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located within the Eastern District of Missouri. Both you and Sponsor consent to venue and personal jurisdiction there.

11. Choice of Law: You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You otherwise agree that Missouri law governs these Official Rules and any claim or dispute that you may have against us, without regard to Missouri’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
    

12. PUBLICITY AND INTELLECTUAL PROPERTY RIGHTS: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE SPONSOR’S DESIGNEE THE PERPETUAL RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, YOUR ENTRY, NAME, PICTURE, VOICE, LIKENESS, STATEMENTS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, COMMERCIAL, PUBLICITY, LEGAL, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF YOUR NAME ON THE WEBSITE OR A TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, REVIEW, APPROVAL, PERMISSION, OR NOTIFICATION.
    

13. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at paytient.com/privacy. Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.

OFFICIAL RULES AND WINNER’S LIST: For a copy of the Official Rules, visit www.paytient.com/sweepstakes-rules or send a self-addressed, stamped envelope to: Paytient Technologies, Inc., Legal Department, 3601 Endeavor Ave., Suite 109, Columbia, MO 65201. For the identity of a reward winner, please send a self-addressed, stamped envelope to: Winners List, Paytient Technologies, Inc., Inc., 3601 Endeavor Ave., Suite 109, Columbia, MO 65201, with a description of the Sweepstakes and copy of the relevant Sweepstakes Announcement. Vermont residents may exclude return postage. Sponsor will only respond to winner’s list requests that it receives in the thirty (30) days after the close of the Sweepstakes that is referenced in the copy of the Sweepstakes Announcement.