OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES 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.
EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN RESPONSE TO YOUR ENTRY AND YOU MAY RECEIVE ADDITIONAL AUTODIALED TEXT MESSAGES IF YOU ARE A FINALIST, QUALIFIER, OR WINNER, AS APPLICABLE. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS.
TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION 1 BELOW.
Sweepstakes Name: KEZ Family Vacation to the Disneyland® Resort. (the “Sweepstakes”)
Station: KESZ-FM – 99.9 KEZ (the “Station”)
Station Address: 4686 E. Van Buren St., Suite 300, Phoenix, AZ 85008
Sponsor: iHeartMedia + Entertainment, Inc.
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours or send your request by mail to iHeartMedia + Entertainment, Inc. at 4686 E. Van Buren St., Suite 400, Phoenix, AZ 85008.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal residents of the 50 states of the United States or the District of Columbia, (ii) who are 18 years of age or older at the time of entry (19 or older if a resident of Alabama or Nebraska), and (iii) who reside within Phoenix Metropolitan area.
If you are not a legal resident of the United States, or do not reside within the Phoenix Metropolitan area, or you are not the required age as of time of entry, you are not eligible to enter this Sweepstakes or to win a prize. Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions 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 Sweepstakes or win the prize.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
Any person who has won a Disney Destinations Vacation Package or Disney-related prize valued at $250 (or whose household has won) in any promotion by Sponsor or any radio station or broadcast company in the Phoenix Metropolitan area within six (6) calendar months are not eligible to win.
Void outside the Phoenix Metropolitan area and where prohibited by law.
2. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. Sweepstakes begins on February 26, 2018 at 8:00:00 a.m. MST and ends at 11:59:59 p.m. MST on March 9, 2018 (“Entry Period"). Sweepstakes not valid on holiday(s) unless otherwise stated. The Entry Period in which entrants can submit a Sweepstakes entry will be determined by the applicable Entry Method as follows:
There are two (2) ways to enter:
Entry Method Text to Win or Alternatively enter online (free alternate method of entry) (“Text Entry Period”) Number of Daily Playtimes Entry Method Start Time/Date 8:00:00 AM MT Entry Method End Time/Date 11:59:59 PM MT
February 26, 2018
March 2, 2018
March 5, 2018
March 9, 2018
Throughout the Text Entry Period, each designated day, listen for a keyword as listed in the table above, up to four (4) times each day and text the designated keyword to 96893 for a chance to become a winner. You will receive at least one (1) autodialed text message in response to your entry, Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to 96893. To STOP, text “STOP” to 96893 to cancel. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
ALTERNATIVELY, to enter the Sweepstakes without sending a text message, you may register by logging onto the station’s websites at: www.KEZ999.com and follow the Sweepstakes links to enter by completing the online registration for the Sweepstakes. You may also find the registration page by using the keyword ‘win’ on the station’s website. All entries received online must be received within the same Text Entry Period as listed in the table above. Any entry received or made either by text or online after the Text Entry Period will not be valid and will not be deemed eligible. Valid Sweepstakes entries must contain all information requested and must be received by the Website’s administrator on or before the Sweepstakes Period deadline. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
There is a limit of one (1) entry per person/mobile phone number and/or verified email address per playtime, per day for the duration of the Sweepstakes Entry Period. Incomplete and/or invalid or duplicate entries will be disqualified.
To enter Sweepstakes via the Online Registration Entry Method, during the Online Registration Entry Period, go to the Station’s website, www.KEZ999.com (the “Website”), and follow the links and instructions to access the registration form. Fill out the registration form with all required information (including your name, telephone number, email address, date of birth, and any other information requested by the Company) to receive one (1) entry into the Online Registration random drawing.
Online Registrations must be received by 11:59:59 p.m. MT, March 9, 2018 to be valid. Limit: one (1) entry per person/email address per Day during the Online Registration Entry Method. For purposes of this Entry Method, a Day is defined as each calendar day, beginning at 12:00:00 am MT and ending at 11:59:59 pm MT on the same calendar day. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified
All entries are subject to any applicable restrictions or requirements listed herein. Released Parties (as listed below) are 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, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, 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 the Sweepstakes and 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 the Website and/or Company for online entries. When applicable, the Company’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the above stated limit will be declared ineligible. All entries become the property of Company and will not be receipt acknowledged or returned. Company’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes.
Entries must contain all information requested, must be timely submitted, and must comply with all Content submission requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them, via phone at the number provided during registration or by text message, at the telephone number from which the text message entry was received. Any and all fees arising from such notification will be the sole responsibility of each entrant. Entries are subject to any applicable restrictions or requirements listed herein. The Company 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, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same e-mail account or mobile phone number enter the Sweepstakes and 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. Any potential winner and/or Finalist may be requested to provide Company with proof that such winner is the authorized account holder of the email address or wireless number associated with the winning entry. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Company. The Company’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or in excess of the above stated limit. All entries become the property of Company and will not be receipt acknowledged or returned. Company’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes.
Entry by sending a text message will not improve your chance of winning. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Company makes no guarantee that any particular wireless service provider will participate. To enter by text, the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability. Wireless service providers may charge entrants for each text message, including any error message that is sent and received in connection with the Sweepstakes, based on the applicable wireless service pricing plan. By texting to enter, the entrant grants permission to the Company to notify them via a return text message and must agree to accept all applicable charges associated therewith. Entrant is responsible for all applicable fees and
taxes associated with placing a text message entry. Company in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the Code is not considered proof of delivery to, or receipt by, Company of such enter to play. Entrants are restricted to the use of ordinary telephone equipment. By participating via text, entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Company nor Station guarantee, nor shall either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Sweepstakes may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. The Company will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Company, through its third party text messaging administrators, will store all messages received on its system, and will send entrants reply texts relating to the Sweepstakes throughout the Sweepstakes Period and up to 60 days. The Company is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Company may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Company reserves the right, in its sole discretion, to disqualify any entry if that entry's source and sender cannot be reasonably determined. BY TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE COMPANY TO NOTIFY THEM VIA ONE (1) RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE AT LEAST ONE (1) TEXT MESSAGE IN RESPONSE TO THE ORIGINAL SUBMISSION, INCLUDING A MESSAGE CONFIRMING ENTRY, LEGAL DISCLAIMERS AND OPTIONS TO RECEIVE FUTURE PROMOTIONAL MESSAGES FROM THE COMPANY.
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 winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3. WINNER SELECTION. On or about March 12, 2018, the Sponsor will randomly select ten (11) potential Sweepstakes Winners: 11 (11) Sweepstakes Winner will be randomly selected from among all eligible entries collectively received from Text to Win/Online Registration Alternate Method of Entry; Odds of winning a prize depend on the number of eligible entries received.
Potential Sweepstakes winner(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. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
The potential winners will be notified by phone at the phone number provided during registration. THE SPONSOR WILL CALL THE POTENTIAL WINNER(S) THREE (3) TIMES WITHIN ONE (1) HOUR. THE POTENTIAL WINNER MUST ANSWER ONE OF THE CALLS. IF THE POTENTIAL WINNER DOES NOT PICK UP ONE OF THE CALLS WITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. Sponsor is not obligated to and will not leave a voicemail or other message when contacting the potential winner. Notification is deemed to have occurred immediately upon placing of a phone call. The Sponsor is 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, the entrant will automatically be disqualified and their prize will be forfeited.
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves 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 (in Sponsor’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 select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
Ten (11) Grand Prizes
Prize Description: (Each Grand Prize Winner will receive the following)
One (1) Vacation Package for up to four (4) persons at the Disneyland® Resort valued at $1620.00 (“Vacation Package”). The vacation package will include: (i) room accommodations consisting of one (1) standard room (with a maximum of four (4) persons per room) for two (2) consecutive nights at a Disneyland® Resort Hotel or nearby area hotel as selected by the Prize Provider at its sole discretion; (ii) Up to four (4) 3-Day 1-Park Disneyland® Resort Tickets, valid for admission to Disneyland® Park or Disney California Adventure® Park, but not to both Parks on the same day (subject to restrictions). Certain restrictions shall apply to the Vacation Package, which restrictions shall be determined by Disney in its sole and absolute discretion. Each winner and his/her guests must travel together on the same itinerary. Advanced reservations are required. The Vacation Package shall not include the following: airfare, airport departure fees; baggage fees; travel insurance; hotel room service; parking fees; laundry service; food; alcoholic beverages; merchandise, souvenirs, etc.; local and long distance telephone calls; tips, gratuities, service charges, resort fees; and any taxes; or all other charges not explicitly included in the package described above. The Vacation Package (and all elements thereof) may not be sold, redeemed for cash, traded, transferred or rescheduled, except in the sole and absolute discretion of the Prize Provider.
a) Travel for the Vacation Packages awarded by the Station must be completed by December 15, 2017 and the winner and his/her guests must travel together on the same itinerary.
b) Vacation Package fulfillment is subject to certain restrictions and is subject to hotel availability at the Disneyland® Resort. Block-out dates apply. The Vacation Package must be booked through a travel agent of the Disneyland Resort as designated by Disney Destinations, LLC (“Prize Provider”) at least forty-five (45) days prior to arrival and is subject to certain room availability as determined by Prize Provider. Certain travel and lodging restrictions apply.
c) Winners must be at least eighteen (18) years of age to enter and win. Travelers under the age of eighteen (18) must be accompanied by his/her parent/legal guardian who must be at least the age of eighteen (18) and both will be deemed guests of the winner (unless the winner is the guest’s parent or legal guardian).
d) Vacation Package components (including, without limitation, Theme Park Tickets) may not be used in conjunction with any other promotion or offer, separated, sold, redeemed for cash, traded, transferred, assigned or rescheduled to dates other than as set forth above, except in the Prize Provider’s sole and absolute discretion.
e) The Vacation Package/Theme Park Tickets will not include the following: airfare, airport departure fees; baggage fees; travel insurance; hotel room service; parking fees; laundry service; food; alcoholic
beverages; merchandise, souvenirs, etc.; local and long distance telephone calls; tips, gratuities, service charges, resort fees; and any taxes; or all other charges not explicitly included herein.
f) All elements of the Vacation Package (including, without limitation, Theme Park Tickets) must be used by the winner and his/her guests at the same time during the redemption of the Vacation Package.
g) Theme park attractions and entertainment are seasonal and subject to change without notice.
h) Theme Park Tickets expire on March 15, 2019.
i) The winner and his/her guests are responsible for having valid travel documents including government-issued identification and/or passports, as applicable.
j) The winner will not receive compensation for any element(s) of the Vacation Package that any participant(s) is unable to use for any reason, and such unused portion(s) of the Vacation Package will be forfeited.
k) If the winner chooses to bring less than the allotted number of guests, the Vacation Package will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the winner.
l) The winner and his/her guests will be required to execute a liability/publicity release form prior to booking of any travel and/or lodging. Failure to return the executed release form within the specified time period will result in forfeiture of the Vacation Package. Winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of any of his/her guests, as applicable, related to any use of the prize or any prize-related activity or travel.
m) Any lost or stolen Theme Park Tickets or travel vouchers will not be replaced.
n) No part of any prize is redeemable or exchangeable for cash and is subject to all terms and conditions of use.
o) The approximate retail value of the Vacation Package is one thousand five hundred sixty Dollars ($1,620.00). The actual value of the Vacation Package may vary depending on point of departure and fluctuations in the cost of air transportation, as applicable. Any difference between the approximate retail value and the actual cost of the Vacation Package will not be awarded.
p) Promoter will be responsible for issuing all tax forms including a 1099 form to each of the winners.
q) Promoter is the sole sponsor of the Sweepstakes.
r) Prize Provider, its parent, related, affiliated and subsidiary companies and their respective officers, directors, agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions and/or causes of actions that arise out of and/or are in any way related to the prize, the receipt, use and/or enjoyment of the prize or any prize-related activity (including, without limitation, travel), the Promotion and/or the Sweepstakes.
s) In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
Prizes provided by: Disney Destinations, LLC
Approximate Retail Value (ARV) $1620.00
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.
Released Parties are 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 the Sweepstakes; (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 the Sweepstakes; (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 the Sweepstakes; (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 the Sweepstakes; or (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes 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 Sweepstakes 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 Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes 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 Sweepstakes 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.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes 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 Sweepstakes, 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 release each of the Released Parties from any and all claims in connection with the Sweepstakes and 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 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 (whether or not the action, 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 the Sweepstakes 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 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 Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. 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. If applicable material changes to the Sweepstakes 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 Sweepstakes 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 SWEEPSTAKES 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 Sweepstakes. As a condition of participating in the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, 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.