NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
CONTEST DESCRIPTION: The Morgan & Morgan “Dogs are Better Than People” Contest (the “Contest”) is a photo and video skill contest sponsored by Morgan & Morgan, P.A. (the “Sponsor”). The intent of the Contest is to invite participants to submit an original photo or video (the “Video”) depicting their dog in one of five (5) categories (the “Categories”) that clearly reflects the judging criteria, as defined below. The Contest will include a round of judging to determine three (3) Finalists for each of five (5) Categories and a round of public voting to determine five (5) Grand Prize Winners; one (1) Grand Prize Winner for each Category, as further described herein.
By participating in the Contest, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Sponsor and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects. The Contest is subject to all applicable federal, state and local laws and regulations. In the event that the Contest is challenged by any regulatory authority, Sponsor reserves the right to discontinue or modify the Contest or to disqualify participants in the affected geographic areas.
ELIGIBILITY: The Contest is open to legal residents of the 50 United States, including the District of Columbia, who are age 18 or older at the time of entry. Each Entrant must be the licensed or registered owner of the dog featured in their contest entry or living in the same household as the licensed or registered owner of the Dog. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter.
TIMING: The Promotion begins at 12:01:00 PM Eastern Time (“ET”) on Monday, November 12, 2018 and ends at 3:00:00 PM ET on Monday, November 26, 2018 (the “Contest Period”) and consists of three (3) periods: the Contest Entry Period, Judging & Finalist Determination Period and Public Voting Period as defined in the chart below. Except for Contest Entry Period, all dates are estimated and are subject to change. The Sponsor’s computer is the official timekeeping device for this Promotion.
|Periods||Start Time||End Time|
|Contest Entry Period||Monday, November 12, 2018 at 12:01:00 PM ET||Sunday, November 18, 2018 at 11:59:59 PM ET|
|Judging & Finalist Determination Period||Monday, November 19, 2018||Monday, November 19, 2018|
|Public Voting Period||Tuesday, November 20, 2018 at 12:00:00 PM ET||Monday, November 26, 2018 at 3:00:00 PM ET|
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”): There are five (5) Grand Prizes available to be won. Each Grand Prize winner will receive a $10,000 charity donation to be made to Grand Prize winner’s choice of an IRS qualified charitable organization dedicated to animals. The charitable donation will be made in the name of the Grand Prize winner directly by Sponsor. Sponsor has the right to approve or reject the charitable organization chosen by the Grand Prize winner. Sponsor has the right to require the Grand Prize winner to select an alternate charitable organization. The ARV of each Grand Prize is $10,000.
The total ARV of all prizes to be awarded: $50,000.
THE CONTEST ENTRY PERIOD & HOW TO ENTER THE CONTEST: The Contest Entry Period begins at 12:01:00 PM ET on Monday, November 12, 2018 and ends at 11:59:59 PM ET on Sunday, November 18, 2018. During the Contest Entry Period, take a photo (“Photo”) or video (“Video”) depicting your dog in one (1) of the following five (5) Categories and submit it through one of the three (3) entry methods below.
Categories: Each Photo or Video must depict the entrant’s dog in one (1) of the following five (5) categories. When submitting their entry, entrants must include their chosen Category’s hashtag (each, a “Category Hashtag”) when submitting their entry.
Method #1: Facebook Entry. Visit https://www.facebook.com/MMForthePeople, locate a participating post announcing the Contest (the “Sponsor Post”), comment on the Sponsor Post with your Photo or Video including the hashtags #ForTheDogsContest and #DogsAreBetterThanPeople and your chosen Category Hashtag (#UgliestDog, #SmartestDog, #BeautifulDog, #DogLikeOwner or #FunniestDog) to receive one (1) entry into the Contest (the “Facebook Entry”). This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN CONTEST (AS APPLICABLE). WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS. FACEBOOK, INSTAGRAM AND TWITTER ARE FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Facebook Entry, Instagram Entry and Twitter Entry collectively referred to herein as “Entry” or “Entries”. All Entries must be received between Monday, November 12, 2018 at 12:01:00 PM ET and Sunday, November 18, 2018 at 11:59:59 PM ET. There is a limit of one (1) Entry per person, regardless of the method of entry. Each Entry must include an original Photo or Video. Contest Entries submitted with a Photo or Video that has already been submitted will be disqualified.
Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted. Entries not received by the Sponsor will not be entered into the Contest. Multiple participants are not permitted to share the same Facebook account, Instagram account or Twitter account. Incomplete Contest Entries will not be accepted and are void.
The Sponsor reserves the right in its sole and absolute discretion to reject, disqualify and/or remove any Entry that violates these Official Rules without any notification or warning. Sponsor reserves the right to post sample Photos and Videos it has created in connection with the Contest on its websites, Facebook, Instagram or Twitter.
ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, Video, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, Photo or Video.
By submitting an Entry, Entrant warrants and represents that: (a) Entry, Photo and Video do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Photo or Video; (c) Entrant owns all rights to the Photo/Video, including without limitation, copyrights, and has received prior written permission from a third party if any Photo/Video was photographed/videoed by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.
ENTRIES POSTED TO SPONSOR’S WEBSITES OR SOCIAL MEDIA SITES ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
JUDGING & FINALIST DETERMINATION: The Judging & Finalist Determination Period will begin and end on Monday, November 19, 2018. All eligible Entries received during the Contest Entry Period will be separated into the five (5) Categories based on the Category Hashtags submitted with each Entry. All Entries within each Category will be judged by the Sponsor, who shall use the criteria set forth below:
Creativity and Originality (34%) Image Quality (33 %) Relevance to Category (33%)
The three (3) Entries within each Category that receive the highest total scores based on the judging criteria will each be deemed a Category Finalist (each, a “Category Finalist” or, collectively, all Category Finalists as “Finalists”). In the unlikely event of a tie, the tied Entry with the highest score in Criterion A, Creativity and Originality, will be deemed the Category Finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through C, in sequence (to the extent needed) will determine the Category Finalist. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
Fewer than three (3) Finalists for each Category may continue on to the Pubic Voting Period without liability to the Sponsor or its designees of any kind.
PUBLIC VOTING PERIOD & HOW TO VOTE: Starting at 12:00:00 PM on Tuesday, November 20, 2018 and ending at 3:00:00 PM ET on Monday, November 26, 2018, the fifteen (15) Finalists, three (3) Category Finalists per Category, will be posted to the Sponsor’s Facebook, Instagram and Twitter accounts for public voting.
During the Public Voting Period, participants (each, a “Voter”) may submit a vote through one (1) of the following voting methods below.
Voting Method #1: Facebook Vote. Visit https://www.facebook.com/MMForthePeople, locate and click or tap on the post titled “Dogs Are Better Thank People Contest Finalists” to view the Category Finalist Entries for each Category. Upon deciding which Category Finalist Entry you believe is the best in its Category, click or tap the Category Finalist Entry and submit a “Like” reaction (the “Facebook Vote”). Only “Like” reactions will be considered a Vote. A Voter may only submit one (1) Facebook Vote per Finalist. There is a limit of one (1) Facebook Vote per Finalist per Voter.
Voting Method #2: Instagram Vote. Visit https://www.instagram.com/forthepeople/ online or @forthepeople in the Instagram app, open one (1) of the fifteen (15) Category Finalist posts to view a Category Finalist Entry for each applicable Category. Upon deciding which Category Finalist Entry you believe is the best in its Category, click or tap to “Like” the Category Finalist Entry (the “Instagram Vote”). Only “Like” reactions will be considered a Vote. A Voter may only submit one (1) Instagram Vote per Finalist. There is a limit of one (1) Facebook Vote per Finalist per Voter.
Voting Method #3: Twitter Vote. Visit https://twitter.com/forthepeople online or @forthepeople in the Twitter app, open the Twitter Moment pinned at the top of the page to view the Category Finalist Entries for the applicable Category. Upon deciding which Category Finalist Entry you believe is the best in its Category, click or tap to “Like” the Category Finalist Entry (the “Twitter Vote”). Only “Like” reactions will be considered a Vote. A Voter may only submit one (1) Twitter Vote per Finalist. There is a limit of one (1) Twitter Vote per Finalist per Voter.
A Finalist may submit a Vote for his/her own Finalist Entry. All Votes must be received between 12:00:00 PM ET on Tuesday, November 20, 2018 and 3:00:00 PM ET on Monday, November 26, 2018.
Votes become sole property of Sponsor and none will be acknowledged or returned. Nothing in these Official Rules shall obligate Sponsor to publish or otherwise disclose any Vote submitted in connection with this Promotion. Multiple Voters are not permitted to share the same Facebook, Instagram or Twitter account.
Any attempt by a Finalist or any other person to gain Votes by promising a benefit to the Voter or any other person, including the use of sites such as Vote Exchange or other similar social media sites, may subject the Finalist and Voter to disqualification in the sole discretion of the Sponsor. Voters and/or Finalists who spam or create false accounts for the purpose of casting Votes (or otherwise undertake any act intended to manipulate or undermine the integrity of the Contest) may have their Finalist Entry and/or Votes disqualified. Decisions of the Sponsor are final relating to all aspects of the voting process and results. The Sponsor may disqualify any Finalist, Entry, Vote, Voter or related parties who violate or is suspected of violating any of the terms and conditions of the Contest or these Official Rules.
GRAND PRIZE WINNER DETERMINATION: The Administrator will separate each of the Category Finalists into their applicable Categories and will take into consideration the scores each Category Finalist received during the Judging & Finalist Determination Period and the number of votes each Category Finalist received during the Public Voting Period (the “Final Score”) to determine the Grand Prize winners.
Following the conclusion of the Public Voting Period, all Votes received for each Finalist will be counted. Each Finalist will receive points toward their Final Score based on the number of eligible Votes received as follows, which will compromise 40% of the Final Score:
Upon calculation of the above, the following weights will be assigned to the judging scores and the public voting totals to determine each Finalist’s Final Score:
On the basis thereof, each Category Finalist who receives the highest Final Score in its Category will be declared a potential Grand Prize winner.
In the event of a tie, the tied Entry with the highest Creativity & Originality Judging Score, will be deemed the potential winner. If an additional tie breaker is needed, the tie-breaking mechanism above will be used; however, instead of the highest Creativity & Originality Judging Score determining the potential winner from among the tied Finalists, the highest Image Quality Judging Score will determine the potential winner. In the event additional tiebreakers are needed, all tied Finalists will be re-judged by a separate panel of judges, with such results being used to determine each Finalist’s revised Final Score, using the following judging criteria:
WINNER NOTIFICAITON & VERIFICATION: The potential Grand Prize Winners will be notified on or about Wednesday, November 28, 2018 via email and/or phone, and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, “the Releases”). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law, and confirm the IRS qualified charitable organization he/she would like to receive the $10,000 donation. Noncompliance will result in disqualification and the Category Finalist, in the applicable Category, who received the next highest Final Score will be deemed a potential Grand Prize Winner and will notified. Grand Prizes will be awarded within approximately 45 days after all winners are verified.
If a Grand Prize Winner is otherwise eligible under these Official Rules, but, is nevertheless deemed a minor in his or her state of primary residence, the Grand Prize will be awarded in the name of winner’s parent or legal guardian who will be required to execute and return the Releases and W-9 on minor’s behalf.
Non-winning Finalists will not be notified.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential Finalist or winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Winners will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
By accepting a prize, you further agree to release the Sponsor and Administrator from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Contest or with respect to the awarding, receipt, possession, use and/or misuse of any prize.
GENERAL: Participating Entrants and Voters agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, Facebook, Instagram, Twitter and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.
No confidential relationship is established by any Entrant or Voter and the Sponsor as a result of participating in the Contest. None of the information submitted by an Entrant or Voter will be treated as trade secrets, confidential information or as protected data.
Attempts by the same person to submit more Entries or Votes than allowed per these Official Rules, including entries and votes submitted with an alternate email address, Facebook account, Instagram account, Twitter account or identity will be disqualified. In the event of a dispute over the identity of an Entrant or Voter, submission will be deemed submitted by the “Authorized Account Holder” of the Facebook account, Instagram account or Twitter account from which the entry is submitted. Authorized Account Holder means the natural person to whom the Facebook account, Instagram account or Twitter account is registered. Any entrant, voter or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data or Vote materials/data that have been tampered with or altered, or mass entries/votes or entries/votes generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries/votes; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant’s, voter’s or any other person’s computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry or Vote process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant or Voter at any time during the Contest Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant, Voter or winner and void any Entries or Votes of said person.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND 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 Contest will be governed by and construed in accordance with the internal laws of the State of Florida, 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 CONTEST, 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 CONTEST, 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), 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), 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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orlando, Florida and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Orlando, Florida. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Orlando, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.forthepeople.com/dogs-are-better-than-people/ or send a self-addressed, stamped envelope by November 28, 2018, to: The Morgan & Morgan Dogs Are Better Than People Contest Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 11/28/18), send a stamped, self-addressed envelope (no later than12/28/18), to: The Morgan & Morgan Dogs Are Better Than People Contest Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: Morgan & Morgan, P.A., 20 North Orange Avenue, Suite 1600, Orlando, FL 32801.
Void outside the US, in Puerto Rico, and wherever else prohibited by law.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.