OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WINOR CLAIM PRIZE.
APURCHASEOR PAYMENT WILL NOTINCREASEAN ENTRANT’SCHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
SweepstakesName:WNIC’sUniversal Orlando Flyaway(the “Sweepstakes”)
Station Address:27675 Halsted, Farmington Hills, MI 48331
Telephone:248 324 5800
ThisSweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor.For acopy of theseOfficial Sweepstakes Rules, please visit the office oftheStation during normal business hours or send your request by mailtoiHeartMedia + Entertainment, Inc.at27675 Halsted, Farmington Hills, MI 48331.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who(i)arelegalU.S.residents of thestate of Michiganand(ii)who are 18 years of age or olderat the time of entry(“Entrant”).
Employees,contractors,officers and directors of Sponsor,itsaffiliates, parent companies, subsidiaries, divisions,suppliers, distributors and advertising, promotional and judging agencies,the Station,andany third party prize provider(s) and/or prize fulfillment service(collectively, the “Sweepstakes Entities”);individualsemployed by anyother radio and televisions station;and members of the immediate families (spouseandbiological, 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 aboveindividualsare not eligible to participate in the Sweepstakes or win the prize.
Void outsidethe state of Michigan and the counties listed aboveand where prohibited by law.
2.TIMING:TheSweepstakesbeginsonMay 26,2020at6:00:00a.m.ETand endsat10:00:00a.m.ETonJune 26, 2020(“SweepstakesPeriod"). The Sweepstakes Period includestwenty-four(24) entry periodscomprised oftwo(2) playtimes each day(each an “Entry Period”) as set forth below:
- May 26, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- May 27, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- May 28, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- May 29, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 1, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 2, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 3, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 4, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 5, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 8, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 9, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 10, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 11, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 12, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 15, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 16, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 17, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 18, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 19, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 22, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 23, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 24, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 25, 2020: listen between 6:00am ET and 8:00pm ET/2playtimes
- June 26, 2020: listen between 6:00am ET and10:00am ET/2playtimes
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Entrant must be the selected caller to become afinalistand will be selected to participate in the Grand Prize Drawing, subject to verification (each a “Finalist”).
On-Air Entry Method: BeginningMay 26, 2020, listen to the participating Station weekdays between6:00:00 amETand8:00:00 pmETthroughout the On-Air Entry Period for the cue to call in and be the selected caller to the designated Sweepstakes announced. Throughout the On-Air Entry Period, each Entry Period Day (as listed above) a “sounder” or cue to call will be aired at various times along with a message instructing listeners to call for a chance to become a PotentialFinalist. The participating Stations may or may not choose to announce exact times the cues will be played.
- The participant must be the designated caller, from all callers calling-in from participating Stations, to the phone number announced; the designated caller, if eligible, will be declared a potentialFinalist. If theSponsordetermines the designated caller is not eligible, theSponsormay select the next consecutive eligible caller as the potentialFinalistfor that playtime.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 playtimes due to programming obligations and other factors.
- TheSponsorassumes 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. Listenersof the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and shouldcontact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
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 e-mail account or mobile phone number, as applicable, enter theSweepstakesand a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail 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 e-mail 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 e-mail addresses, phone numbers or the domain associated with the submitted e-mail address.Proof of submission of an entry shall not be deemed proof of submission or receipt by theSponsorfor online entries. When applicable, theSponsor’s computer will be deemed the official time keeping device for theSweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entriesin excess of the states limit are received.All entries become the property ofSponsorand will not beacknowledged or returned.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winnerand/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
There will be a total oftwo(2) randomly scheduled playtimes each weekdayfor a total offorty-eight(48) possible Finalist, subject to verification, shall be selected toparticipate in the grand prize drawing.
Finalistswillreceive a prizeprizefor being selected as a Finalist.
Finalist Notification: is deemed to have occurred immediately at the time of call-in.
A total offorty-eight(48)Finalists will participate in the Grand Prize Drawing.The Sponsor will select one (1) grand prize winner on each of the following dates for a total of three (3) grand prize winners for the Sweepstakes Period.
June 24, 2020- one (1) grand prize winner
June 25, 2020- one (1) grand prize winner
June 26, 2020- one (1) grand prize winner
Odds of winning a prize depend on the number of eligible entries received.
PotentialSweepstakeswinner(s) is subject to verification, including verification of eligibility.If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited.TheSponsorreserves the right to determine an alternatewinner in accordance with theseOfficialRules in the event that that any winnerisdisqualified, cannot be contacted, or is deemed ineligible for any reason, or is notavailable to participate in anyapplicableSweepstakesevents.
The potential winner will be notified by phone at the phone number provided duringregistration.THESPONSORWILL CALL THE POTENTIAL WINNERTWO(2) TIMES WITHINONE (1)HOUR. THE POTENTIAL WINNERMUSTANSWERONE OFTHE CALLS. IF THE POTENTIAL WINNER DOESNOT PICK UP ONE OF THE CALLSWITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED ANDSPONSORWILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHODON THE SAME DAY. Sponsoris not obligated to andwillnotleave a voicemail or other message when contacting the potential winner.Notification is deemed to have occurred immediately upon placing of a phone call.TheSponsoris not responsible for any change of email address, mailing address, and/or telephone number of entrants.The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s), or (if the finalist or potential winner is a minor) for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon, theentrant will automatically be disqualified and their prize will be forfeited.
As a condition of participating in theSweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemeda winner, entrants must sign an official waiver form provided by theSponsorand agree to the terms herein, including but not limited to the prize conditions.If eligible entrants include minors, a parent or guardian of sucheligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but theSponsorreserves the right to refuse to award a prize to or on behalf of any minor.The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, may (inSponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification.The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly selectan alternate winnerfrom among all remaining eligible entries, asdetermined by Sponsor in its sole and discretion.
Forty-eight(48)FinalistsPrizes: Each Finalistwill receive a $25prepaidgift card.
Three (3) Grand Prizes:
There will be three (3) Prizes (“Prizes”) awarded. The prize winner (“Winner”) will receive a four (4) day, three (3) night trip for Winner and up to three (3) guests (“Guests”) to Universal Orlando Resort™ in Orlando, Florida (“Trip”).
Trip will include:
- round trip economy class air transportation for Winner and up to three (3) Guests from a major commercial airport near Winner’s home (as determined by Universal Orlando in their sole discretion) to Orlando, FL;
- three (3) nights standard hotel accommodation (one room, quadruple occupancy, room and tax only) at Universal’s Cabana Bay Beach Resort or at another on-site hotel (as determined by Universal Orlando in their sole discretion);
- non-exclusive ground transportation to and from airport and hotel in Orlando, FL;
- 3-Day 3-Park Park-to-Park tickets for admission to Universal Studios Florida and Universal’s Islands of Adventure theme parks and Universal’s Volcano Bay water theme park, for Winner and up to three (3) Guests; and
- admissionto one (1) Blue Man Group Show (exact date and time to be determined by Universal Orlando in their sole discretion) for Winner and up to three (3) Guests.
The Fair Market Value (“FMV”) of Prize is Four Thousand Seventy-Three and 19/100 Dollars ($4,073.19).
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
Prize provided by: Universal Orlando (“Prize Provider”)
Trip must be completed by June 26, 2021 or Prize will be forfeited. Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to Universal Orlando and Sponsor approval. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date. If Winner elects to partake in any or all portions of his/her Prize with fewer than the allotted number of Guests or no Guest, the Prize will be awarded to Winner and each participating Guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the on-site hotel. Unless child or ward of Winner or one of the allotted Guests, each Guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner. FMV of Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated FMV and final FMV of Prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. Winner and Guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Universal Orlando.
Travel guests must sign and return a travel release before any ticketing of travel occurs.If in the judgment ofUniversal Orlando, air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel atUniversal Orlando’ssole and absolute discretion.The difference in value will not be awarded to theWinner. The Sponsorand Universal Orlandoshall not be responsible for any cancellations, delays, diversions or substitution or any actor omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. AdditionalGrand Prizeaward details and travel information to be provided to theWinnerat 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.Winner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge thatneitherthe Sponsornor Universal Orlandohavenot 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 aWinnercannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternateWinnerin 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 theWinner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsorand Universal Orlandoshall have no further responsibility for that portion of theGrand Prizeand theGrand Prizewill be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of thisGrand Prizepackage and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsorand Universal Orlandowill not be responsible for replacing that portion of theGrand Prize. The Sponsorand Universal Orlandoarenot 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 byUniversal Orlando. The Sponsorand Universal Orlandoarenot 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,neitherthe Sponsornor Universal Orlandoareresponsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of theWinner, and are solely at theWinner’sexpense.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 theGrand Prize. If forfeited for any reason,Winnerwill not receive any otherprize substitution or compensation, and theGrand Prizewill remain the property of theUniversal Orlandoand will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established byUniversal Orlando’sprize 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 byUniversal Orlando’sprize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as aGrand Prizeis done so entirely upon their own initiative, risk, and responsibility.BY ACCEPTINGGRANDPRIZE, 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.
Conditions and restrictions may apply. Limit: One (1) prize per person/household.ALL PRIZES ARE AWARDED “AS IS” AND THESPONSORDOES 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.
Released Partiesare not responsible for: (1) 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 theSweepstakes; (2) 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 theSweepstakes;(3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in theSweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of theSweepstakes; or (5) technical or human error which may occur in the administration of theSweepstakesor the processing of entries.
TheSponsorfurther reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify theSweepstakes, void any suspicious entries, rescind any prize, and/ordetermine absolute resolution, and/or an alternate method of conducting theSweepstakesand/or awarding the prize(s) at any time, for any reason, orif, in the sole discretion of theSponsor, it isimpossible or impractical to complete or conduct theSweepstakesas 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 theSweepstakes,by any human error which may occur in the execution of thisSweepstakes, or any other causes which effect the operation of theSweepstakesor the rules of the integrity oftheSweepstakeshave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in theSweepstakesand/or(ii) stop or conclude theSweepstakesat any time without prior notice. Material changes to theOfficial Rules will be broadcast on-air, when practical.In the event of termination of theSweepstakesbySponsor,Sponsorreserves the right to award any prize(s) in a manner deemed fair and equitable bySponsor.
6.PUBLICITY.Except where prohibited,byaccepting a prize, winner(s) grant the Sponsorand 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’sname may be included in a publicly available winners list.
8.RELEASES, CONDITIONS, ANDLIMITATIONS OF LIABILITY.By participating in theSweepstakes, each entrant agrees to release and waive any and all claims of liability against theSweepstakes Entitiesandany 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 tothe conduct of or participation in theSweepstakes, 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 that: (i)to releaseeach of the Released Partiesfrom any and all claims in connection with theSweepstakesand the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section6prior 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 (whether or not theaction, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, 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 theSweepstakesEntities’ sole control.Upon awarding the prize,theSponsorwill have no further obligation to winner.
9.TAXES.Any valuation of the prize(s) stated above is based on available information provided to theSponsor, and the value of any prize awarded to a winner may be reportedto the IRSas required by law.Each winner is solely responsible for reporting and paying any and allapplicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide theSponsorwith valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.Any person winning over $600 in prizes from theSponsorin a calendar yearwillbe issuedan IRSForm1099reporting the value of those prizes to the IRS.
10.CONDUCT AND DECISIONS.All decisions of theSponsorwill be final and binding on all matters relating to thisSweepstakes.Persons who violateany rule, gain unfair advantage in participating in theSweepstakes, or obtain winner status using fraudulent means will be disqualified.TheSponsorwill interpret theseRules and resolve any disputes, conflicting claims or ambiguities concerning the rules or theSweepstakesand theSponsor’s decisions concerning such disputes shall be final.If, for any reason, more bona fide winnersare notified than prize(s) available, prize(s) will be awardedin a random drawing from among allsuchpersons. 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 theSweepstakesto theSponsor’s and/or Station’s "discretion" and/or any exercise of discretion by theSponsoror Station shall mean inSponsor’s and/or Station’s "sole and unfettered discretion."TheSponsorfurther reserves the right toterminatetheSweepstakesif in its sole judgment, the rules or the integrity of theSweepstakeshave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in theSweepstakes.In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. Ifapplicable material changes to theSweepstakesrules will be broadcast on-airand available on-line at theStation’swebsite, when practical.TheSponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11.BINDING ARBITRATION. Excluding Grand Prize Claims (defined above),any controversy or claimarising out of or relating to theSponsorSweepstakes 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 applyTexaslaw 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,Sponsorwill 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 norSponsorshall 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 THEENTRANT’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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12.MISCELLANEOUS.Sponsorreserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding.Sponsordisclaims any responsibility to notify entrants of any aspect related to the conduct of theSweepstakes.As a condition of participating in theSweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtaincosts, judgments, orawards for, and entrant herebyknowingly and expresslywaives all rights to claimor seekpunitive, incidental, consequential,special,or any other damages, other than for actual, third-partyout-of-pocket expenses, and in such limitation, entrant further waivesany rights to have damages multiplied or otherwise increased;(b)any andalldisputes, claims, orcauses of action arising out of or connected with thisSweepstakes, 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 awardsshall be limited to actual out-of-pocket costsincurred(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 theSweepstakesconstitutes 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 LAWANDGOVERNING LAW.All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant andSponsorin connection with the Sweepstakes, shall be governed by, and construed in accordancewith, 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 Section11of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State ofTexas, in the City ofSan Antonio.
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