OFFICIAL RULES
NOTE THAT OFFICIAL RULES MAY VARY FOR SPECIFIC CONTESTS.
Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest, Contest or giveaways (“Contest”) conducted by iHeartMedia + Entertainment, Inc. (hereinafter referred to as the “Sponsor”) (each such individual in hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Official Rules (“Official Rules”), as well as by Sponsor’s interpretations of these Official Rules which are final and binding in all matters relating to any Contest.
NO PURCHASE NECESSARY:
Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
LIST OF WINNER(S): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to the Station and Station Address (as stated in the Sweepstakes Details) below with a mention of the Sweepstakes Name (as stated in the Sweepstakes Details) and “Winners List” on the outside of the envelope.
Copies of these Official Rules may be obtained by visiting the participating Station’s website (defined below).
Defined Term
Contest Details
Contest Name
Shenderovich, Shenderovich, and Fishman Car Wrap Contest
Station(s)
WKST-FM
Station Address
200 Fleet Street 4th Floor Pittsburgh PA 15220
Station Website
961kiss.com
Entry Method (Entrant’s should refer to Section 2 and listen to Station for details)
Post a photo of a Shenderovich, Shenderovich, and Fishman wrapped vehicle to Twitter or Instagram using the hashtags #twinscar and #sweepstakesentry
Start Date/Time
Friday, October 8th at 12:00am
End Date/Time
Thursday, October 14th at 11:59pm
Time Zone
ET
Eligible Area
This Contest is open only to individuals who are legal U.S. residents of the state of Pennsylvania, West Virginia, Ohio and Maryland residing within the following counties: Allegheny, PA; Armstrong, PA; Beaver, PA; Butler, PA; Cambria, PA; Clarion, PA; Fayette, PA; Forest, PA; Greene, PA; Indiana, PA; Lawrence, PA; Somerset, PA; Venango, PA; Washington, PA; Westmoreland, PA; Brooke, WV; Hancock, WV; Marshall, WV; Monongalia, WV; Ohio, WV; Preston, WV; Wetzel, WV; Belmont, OH; Columbiana, OH; Jefferson, OH; Mahoning, OH; Monroe, OH; Trumbull, OH; Washington, OH; and Garrett, MD.
Minimum Eligible Age
Eighteen (18) years of age or older
Entry Limit
Once Per Day
Bonus Entries
N/A
Bonus Entry Limit
N/A
Winner Selection Method
Winners will be selected at random.
Winner Selection Date
Friday, October 15th
Judging Criteria
N/A
Notification Response Time
24 hours
Prize Provider
Shenderovich, Shenderovich, and Fishman Personal Injury Attorneys and iHeartMedia Pittsburgh
Number of Grand Prize winners
4
Grand Prize Description
One (1) Twenty-Fve Dollar ($25) GetGo Gift Card
Grand Prize ARV*
$25
*Approximate Retail Value
1.ELIGIBILITY.
Geographical, Age and Parental Consent Requirements:
Unless otherwise specified, each Contest is open to only to individuals who are legal U.S. residents of the Eligible Area (as stated in the Contest Details) and at least the Minimum Eligible Age (as stated in the Contest Details) (“Entrant”).Entrants must be participating on their own behalf and not on behalf of any employer or third party.
Minors: Entrant must obtain parental consent in order to be eligible to enter the Contest. Parental consent occurs when the parent or legal guardian of an eligible minor Entrant, who is under the age of legal majority their state of residence, grants permission for the Entrant to participate and agrees on behalf of himself/herself and the minor Entrant to these Official Rules.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station (as stated in the Contest Details), and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); individuals employed by any other radio and television station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win the prize.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national Contest/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one prize to a specific event. For local Contest/contests, an individual may win only once every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or Contest. “Household members” shall mean people who share the same residence at least three (3) months a year.
2.HOW TO ENTER.
Methods: Contest entries may be submitted as advertised or otherwise prescribed by Sponsor for the Contest.Generally, these will involve one or some of the following: online entry; on-air entry via phone call; social media; content submission; or skill contest.
Listen to the Station for the times to play and how to enter or participate in a specific Contest. The dates, times, entry methods, winner selection and prizes will vary with each Station giveaway, as determined by the Station and as announced.
Specific Entry Method Rules:
On-line Entries:If a Contest accepts web entries, Entrants must accurately complete all required fields (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor) or the entry will be deemed incomplete and will not qualify.Some online entry forms may require for the Entrant to provide additional requirements, for example answering survey questions, correctly answering trivia questions or making a correct guess or prediction.Some Contests may allow for bonus entries. A total number of bonus entries can be capped at a maximum number, as announced by the Station (see Contest details above).
Bonus Entries:
·Facebook Referral: After you enter the Contest, you may be invited to share the Contest on your Facebook wall. The wall post will contain a unique link to the Contest. To obtain bonus entries, an Entrant’s Facebook friend must click on the unique link in the wall post and complete and submit the registration information requested to enter the Contest.Upon the Friend’s successful entry into the Contest, the original Entrant will receive the designated number of bonus entries.There is no limit to the number of Bonus Entries an Entrant may receive.
·Twitter Share: After you enter the Contest, you will be invited to share the Contest on Twitter by clicking on the link to share a pre-populated message on Twitter. To obtain bonus entries, an Entrant’s Twitter follower must click on the unique link in the post and complete and submit the registration information requested and enter the Contest. Upon the follower’s successful entry into the Contest, the original Entrant will receive the designated number of bonus entries for having a follower enter the Contest by following the unique link in his/her Twitter post.There is no limit to the number of Bonus Entries an Entrant may receive.
·Visit a website: Each Entrant may click on the button to visit the promotion partner’s website and will receive the designated number of bonus entries.
·Facebook “Like” (Optional): Click on the Social Media button to “like” the promotion partner on Facebook (“liking” us on Facebook will not gain a bonus entry).
·Instagram Follow: Each Entrant may click on the Instagram Follow button to follow the promotion partner on Instagram and will receive the designated number of bonus entries.
·Twitter Follow: Each Entrant may click on the Twitter Follow button to follow the promotion partner on Twitter and each will receive the designated number of bonus entries.
As applicable: The Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook, Twitter or Instagram. You understand that you are providing your information to the Sponsor and not to Facebook, Twitter or Instagram.
On-Air Entry Method: Listen to the Station for the cue to call in. The Entrant must be the designated caller, from all callers calling-in to the participating Station, to the phone number announced. The designated caller, if eligible, will be declared a potential winner. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential winner for that cue. Listen to the Station for details on specific times to play. The dates and times of Station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating Stations, at their sole discretion may or may not choose to air all cues due to programming obligations and other factors.
The Sponsor assumes no responsibility for Entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local Station to determine participation. On-air Contests are not valid on weekends and holidays.
Twitter Method of Entry:Visit Twitter (www.twitter.com) or access the Twitter mobile application and follow the links and instructions to log in to Entrant’s Twitter account (“Twitter Account”).If Entrant does do not have a Twitter Account, Entrant may create one at www.twitter.com.Twitter Accounts are free. Twitter’s Terms of Service apply: https://twitter.com/tos. Then, follow the links and instructions to become a follower of the Station. Then, comment on the official Contest Post, tweet, retweet or quote tweet as stated by the Station’s call to action for the specific Contest. Your post include the Contest-specific hashtag(s).
Entrant must comply with Twitter Terms of Service at https://twitter.com/tos. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same Twitter account. Should multiple users of the same Twitter account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned a Twitter account by Twitter Inc. or other organization which is responsible for assigning Twitter accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the Entry Limit (as stated in the Contest Details) will be declared ineligible. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest.
Instagram Method of Entry: Access the Instagram application (“Instagram App”) on Entrant’s mobile device (“Device”) and follow the links and instruction to log in to Entrant’s Instagram account (“Instagram Account”).If Entrant does not have the Instagram App, Entrant may download it through the applicable application store on Entrant’s Device. The Instagram App is free. Instagram’s Terms of Use apply: http://instagram.com/legal/terms/. Once the Entrant has accessed his or her Instagram Account. Then, follow the links and instructions to become a follower of the Station. Then, comment on the official Contest Post or post a photo as stated by the Station’s call to action for the specific Contest. Your post must include the specific hashtag(s).
Entrant must comply with Instagram Terms of Use at http://instagram.com/legal/terms/.All Entrants must have a valid Instagram account. You can create an Instagram account at no cost.Entrants may not enter with multiple Instagram accounts, nor may Entrants use any other device or artifice to enter multiple times or as multiple registrants. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same Instagram account. Should multiple users of the same Instagram account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned a Instagram account by Instagram, LLC or other organization which is responsible for assigning Instagram accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the Entry Limit will be declared ineligible. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. All entries become the property of Sponsor and will not be acknowledged or returned.
For Twitter and Instagram Contest submissions: Message and data rates may apply if a mobile device used to participate in the Contest. In order for your entry to be valid your Twitter and/or Instagram profile must be public and thus viewable by the Sponsor and its agents.The Contest is in no way sponsored, endorsed, or administered by, or associated with Twitter or Instagram. You understand that you are providing your information to the Sponsor and not to Twitter or Instagram.
Content Submission or Skill Contest: The Sponsor will not take submissions from a third party. Proof of ownership may be required by contest judges. Contest submissions must be submitted and received before the registration deadline.
Photo submission criteria:Entrant acknowledges and agrees that professional photographs (i.e., photographs taken by a photographer who was paid to take such photographs) are not eligible.Entrant must be the owner of the dog photographed in the submitted photo. Contest submissions must be submitted and received before the registration deadline.
Entry Criteria -Format of the Entry Photo
·Entries must be original, unpublished, and not copyrighted by any third party;
·The Entry may be color or black and white;
·Entry may not be embellished with text or art;
·Altered, manipulated or electronically enhanced entries, except for cropping, red eye removal and adjustment for color and brightness as set forth above will not be considered;
·The Sponsor reserves the right to reject any Entry that they define as unacceptable;
·Entry submitted for the Contest shall not have any copyright restrictions and any issue that arises with regard to the Entry’s copyright will be the sole responsibility of the Entrant.
Permissions: Entrant must have permission from any recognizable individuals who appear in the submission to use their names, image and likenesses in the submission and to grant the rights set forth herein. Minors may only be included in the Submission if Entrant is their parent or legal guardian. If requested, Entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
Essay submission criteria:Entry submissions must be made by submitting an essay as indicated by the Station; should not exceed the designated number of words as indicated by the Station; must be written in English; must be submitted in the permitted format of entry such as Portable Document Format (PDF).The submission may or may be read on air.
Video submission criteria:Entry submissions must be made by submitting a video as indicated by the Station.Entrants must adhere to all specific content, format and length.
·For music-related video Contests: Videos must feature completely original performance/original song and cannot include cover or derivative material of any kind; and must not be obligated to or bound by any sort of recording contracts or agreements with a record label.
Judging: The Station will designate a panel of judges to select winner(s)/finalist(s) using the equally weighted judging criteria listed the Contest Details above. ALL DECISIONS OF THE JUDGES WILL BE FINAL. In the event of a tie, the tied Submissions will be judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein.
Public Voting: If a Contest contains public voting to either determine finalists or the grand prize winner(s); unless otherwise noted, public voting is for entertainment purposes and will be taken into consideration as indicated by the Station but will NOT be the sole factor in determining a grand prize winner.Voting is limited to one vote per verified email address per day. Unless otherwise note.If an Entrant receives irregular or fraudulent votes or multiple votes from the same user or users in one day, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsor reserves the right to disqualify the Finalist in its sole discretion.All decisions of the Judges will be final.
CONSUMER CREATED CONTENT REQUIREMENTS.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest (including, but not limited to your submission.
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from other, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Contest Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Contest Entities, or developed by their employees, or obtained from sources other than you.
CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purposeand without consideration to the entrant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
·Content must comply with these Official Rules and any Terms of Service on the Sponsor website;
·Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;
·The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
·Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
·Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
·Content cannot be offensive, endorse any form of hate or hate group;
·Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the Station, the Sponsor, any of their respective products and/or services, or about any other people, products or companies;
·Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
·Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
·Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor and Contest Entities);
·Content shall not include any background artwork, unless it is an original work of the entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein);
·The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
·Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
·Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
·Content cannot depict, and cannot itself, be in violation of any law; and
·The Content must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Sponsor and/or Station for airing advertising. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to any judging period. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, click here if you wish to report it, contact us by mail at DMCA Designated Agent, c/o Legal Department, iHeartMedia, Inc., 20880 Stone Oak Parkway, San Antonio, Texas 78258,” by fax at (210) 832-3149, or by email at dmca@iHeartMedia.com and include the information required at iHeartMedia's Terms of Use.
By accepting a prize, the winner(s) agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content.Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple Entrants are not permitted to share the same email address. Should multiple users of the same email account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said email account or mobile phone account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an email address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning email addresses, phone numbers or the domain associated with the submitted email address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
3.WINNER SELECTION AND NOTIFICATION.
For Contests where potential winners are selected via a random drawing:On or about the Winner Selection Date (as stated in the Contest Details) the Sponsor will randomly select the potential winner(s) from among all eligible entries collectively received during the Contest Period (defined in Section 2). The odds of winning the prize depend on the number of eligible entries received.
Potential winner(s) is subject to verification, including verification of eligibility.
For Contests where potential winners are selected via Judging Criteria:Prize winners will be selected per the Judging Criteria announced for the Contest on or about the Winner Selection Date. If the Contest requires Entrant to answer trivia, provide information or otherwise perform in some manner to participate and qualify to win, the decisions of Sponsor and/or the other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information or other performance. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
Notification/Verification of Eligibility: Generally notification is deemed to have occurred immediately upon placing of a phone call or any other method of notification as specified in the specific contest. Potential winner(s) will be notified via email, text message, direct message and/or phone call at the contact information provided at the time of entry. Potential winner(s): (a) must respond to the notification within the Notification Response Time (as stated in the Contest Details); (b) may be required to present a state authorized identification prior to being awarded the prize and/or sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions; and (c) may also be required to sign and return an affidavit of eligibility and any other form(s) necessary to verify eligibility and claim prize, along with any other required release(s) within twenty-four (24) hours (unless otherwise stated herein or at the time of notification).
The Contest Entities are not responsible for suspended or discontinued wireless or online service or for any change of Entrant’s email address, mailing address, and/or telephone number which may result in potential winner not receiving a prize notification. If (a) an attempted notification or prize is returned as undeliverable; (b) a potential winner cannot be contacted, fails to respond to the notification or does not accept the prize within the Notification Response Time; (c) a potential fails to provide signed affidavits or releases or any other required forms within the stated time period(s); (d) a potential fails to present a proper identification at the time of claiming a prize or fails to collect or properly claim any prize in accordance with these Official Rules; (e) a potential winner declines the prize; (f) a potential winner cannot be verified or is deemed ineligible; (g) a potential winner is disqualified for any reason; (h) a potential winner is not available to participate in any applicable Sweepstakes event(s) that participation may be required to be considered eligible; or (i) a potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. Any alternate winner(s) will be randomly selected from among all remaining eligible entries, as determined by Sponsor, in its sole discretion. If any alternate(s) similarly fails to properly claim the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be deemed unclaimed and Sponsor shall have no further liability, in connection with this Sweepstakes, to award unclaimed prizes.
If eligible Entrants include minors, prize may be awarded to Entrant’s parent or legal guardian and Entrant’s parent or legal guardian may be required to sign a release on behalf of the minor to be eligible to receive a prize.
4.PRIZE(S).
The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will be announced for each Contest separately. No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prize(s) may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Official Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
Some or all of the following prize conditions may apply, depending on your prize.
FOR PROMOTIONAL CARDS: Promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. *Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. The promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value.
FOR CONCERTS AND ANY PRIZE-RELATED EVENTS: COVID-19 Release and Waiver: Winner understands and agrees that attending an event will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such event. Winner acknowledges that, notwithstanding the safety precautions taken by the stadiums or other venues, and other providers of event-related services, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the event. In all cases, winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the other Released Parties) have any liability in excess of the above-indicated ARV of the event.
The prize winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask-wearing, testing and may also include quarantine (if mandated).
The Sponsor is not responsible for any delay, cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Sponsor reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Sponsor’s sole discretion or may be predetermined as supplied by the Sponsor. Lost or stolen passes or tickets to any event will not be replaced. The Sponsor reserves the right to substitute a prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor’s discretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the concert and/or other Contest prize events. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest) who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert and/or other Contest prize event or in any other objectionable behavior. If, after a prize has been selected and ticketing has been completed, concert is cancelled, such portions of the prize will be forfeited and the Sponsor shall have no further obligation to winner. Winner(s) must present state authorized identification prior to being awarded the prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.
FOR TRIPS: COVID-19 Release and Waiver: Winner understands and agrees that travel will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such travel. Winner acknowledges that, notwithstanding the safety precautions taken by the air carrier, hotel property, stadiums or other venues, and other providers of travel-related services, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the trip. In all cases, winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the other Released Parties) have any liability in excess of the above-indicated ARV of the Trip.
The prize winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask-wearing, testing and may also include quarantine (if mandated).
Trip Prize Conditions: All prize packages shall include round-trip, coach class air transportation for winner from a major commercial airport near winner’s home to the destination and a double occupancy standard hotel room as specified in herein. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Contest Rules. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the prizewinner(s) is unavailable for travel on the designated dates, the specified or prize will be forfeited and may or may not be awarded to an alternate prizewinner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. IF THE WINNER IS ELIGIBLE, BUT A MINOR IN HIS/HER STATE OF RESIDENCE, THE TRAVEL GUEST MUST BE WINNER’S PARENT OR LEGAL GUARDIAN. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) MAY ONLY ACCOMPANY THE WINNER AS A TRAVEL GUEST IF THE WINNER IS THE MINOR’S PARENT OR LEGAL GUARDIAN. ALL MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN-FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR’S PARENT OR LEGAL GUARDIAN. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, the trip may be forfeited and an alternate winner will be selected, in the Sponsor’s sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of the Sponsor, air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at the Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the prize winner. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest will be required to complete and return the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their travel guest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
5.TAMPERING AND DELIVERY DISCLAIMER.
The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (a) tamper with the Sponsor’s website and/or any part of the Contest; (b) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (c) or intending to annoy, abuse, threaten or harass any other Entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (d) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST.The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.
Released Parties are not responsible for: (a) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant's ability to participate in the Contest; (b) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (c) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Contest; or (f) technical or human error which may occur in the administration of the Contest or the processing of entries.
The Sponsor further reserves the right to: (a) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Contest and/or (b) stop or conclude the Contest at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Contest by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6.PUBLICITY.
Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
7.USE OF PERSONAL INFORMATION.
The Sponsor will retain the Entrant's personal data for a reasonable period of time to enable it to send that Entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy locatedhere. Entrant may have the opportunity to opt-in to receive emails from c third parties. In the event that Entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Contest, Entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.Any available opt-in opportunities are not required to enter the Contest, and opting in will not improve your chances of winning.
8.RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.
By participating in the Contest, each Entrant agrees to release and waive any and all claims of liability against theContest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees (a) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (b) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
9.TAXES.
Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and, as applicable, a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10.CONDUCT AND DECISIONS.
All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each Entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Contest if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination.If applicable material changes to the Contest rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11.BINDING ARBITRATION.
Any controversy or claim arising out of or relating to the Sponsor Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12.MISCELLANEOUS.
Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. Participation in the Contest constitutes Entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth herein.
13.COMPLIANCE WITH LAW AND GOVERNING LAW.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.