iHeart Radio – Win a trip for 2 to watch your favorite sports team valued at $4,000
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, OR WIN OR CLAIM A 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. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Sweepstakes Name: Win a Trip to See Your Favorite Sports Team (the “Sweepstakes”)
Station: iHeartRadio (the “Station”)
Station Address: 125 W 55th St 14th Floor New York, NY 10019
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 the Official Rules, please visit the website at www.iheartradio.com/tide.
List of Winner(s): For the name of the winner send a stamped, self-addressed envelope to iHeartMedia + Entertainment, Inc., Win a Trip to See Your Favorite Sports Team Sweepstakes Winner List, 125 W 55th St 14th Floor, New York NY 10019.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who are legal residents of the 50 United States or the District of Columbia who are 18 years of age or older at the time of entry (except, 19 in Alabama and Nebraska, 21 in Mississippi).
If you are not a legal resident of the 50 United States or the required age as of time of entry, you are not eligible to enter this Sweepstakes or win. Employees, contractors, officers and directors of Sponsor, The Procter & Gamble Company, 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”); and members of their 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) 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.
Void where prohibited by law.
2. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.Sweepstakes begins on November 13, 2017 at 12:00:00 a.m. ET and ends at 11:59:59 p.m. ET on November 26, 2017 (“Entry Period”).
How to Enter: During the Entry Period, visit www.iheartradio.com/tide, and click on the entry form. Then, complete and submit the entry form electronically with all requested information (including your name, email address, phone number, and/or any other information requested by the Sponsor) and a short story telling how dirty and smelly your kids get when they are playing sports (“Story”) in the entry text box to receive one entry (“Entry”). An Entry includes the entry form and Story that an entrant submits to Sponsor in connection with the Sweepstakes. Limit: One (1) Entry per person/email address/household per Day during the Entry Period. For purposes of this Sweepstakes, a “Day” shall be defined as each calendar day, beginning at 12:00:00 am ET and ending at 11:59:59 pm ET on that same day. Entries must contain all information requested to be valid. Entries will not be judged. Winner will be selected at random from all eligible Entries received by Sponsor during the Entry Period. Sponsor’s computer shall serve as the official timing device. In the event an entrant exceeds the stated limit, only the earliest Entry will be accepted. No e-mail or fax Entry will be accepted.
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 to enter the Sweepstakes and a dispute thereafter arises 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 an e-mail account 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 Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. 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.
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) that you are not participating on behalf of any employer or third party; and (d) that in the event that you do not comply with these Official Sweepstakes Rules, that you will be disqualified and your prize (if any) will be forfeited.
CONSUMER CREATED CONTENT REQUIREMENTS.
By submitting your Entry, you warrant and represent that your Entry: (a) is your original work; (b) has not been previously published; (c) has not won previous awards; (d) 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); (e) that you have obtained permission from a person whose name and/or likeness is used in the Entry; and (f) publication of the Entry via various media including Web posting, will not infringe on the rights of any third party’s rights and will you indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Entry 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 Entry, in a form satisfactory to Sponsor, upon request, prior to awarding of a prize and/or naming entrant as a winner. The Entry must be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Entry, or any person rendering services in connection with the Entry. The Entry 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 Entry that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting an Entry you agree that your Entry disclosure (a) is gratuitous, unsolicited, and made without restriction; (b) will not place the Sponsor or Sweepstakes Entities under any fiduciary or other obligation; (c) 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 Entry, the Sponsor and the Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sweepstakes 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 SOLE AND ABSOLUTE DISCRETION.
All Entries submitted must conform to the additional submission requirements set forth as follows to be eligible:
Entry must comply with these Official Rules and any Terms of Service on Sponsor websites;
Entry must be uploaded/submitted to the Website as specified and must comply with the posting requirements as posted on the Sponsor’s website;
Entry must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
Entry 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;
Entry 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;
Entry cannot be offensive or endorse any form of hate or hate group;
Entry cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, Sweepstakes Entities, the Station, or any of their respective products and/or services, or about any other people, products or companies;
Entry 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 that of the entrant;
Entry 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);
Entry cannot contain materials embodying the names, or other indicia identifying any person, living or dead, without permission;
Entry cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor or Sweepstakes Entities wish to associate;
Entry cannot depict, and cannot itself, be in violation of any law; and
Entry 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 ENTRY AND ANY OTHER MATTERS INVOLVING THIS SWEEPTAKES SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Entry, 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 Entry requirements set forth herein in its reasonable discretion. ENTRIES POSTED TO THE WEBSITE WILL NOT BE EDITED BY SPONSOR AND THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Entry 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., 200 East Basse Road, San Antonio, TX 78209,” by fax at (210) 832-3149, or by email at dmca@iHeartMedia.com and include the information required at iHeartMedia’s Term of Use.
By accepting a prize, the winner agrees that his or her Entry 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 Entry, including all but not limited to all copyright and trademark rights which he or she may have worldwide 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 Entry. Sponsor reserves the right to alter, change or modify the winning Entry, 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 Entry. Sponsor’s failure to request said assignment as stated shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
3. WINNER SELECTION. On or about November 30, 2017, the Sponsor will randomly select one (1) potential winner from among all eligible Entries received during the Entry Period. Odds of winning a prize depend on the total number of eligible Entries received.
Potential winner is subject to verification, including verification of eligibility and will not be considered the winner until such verification is complete and potential winner is notified he/she is the winner. If potential winner is unable to verify his/her information, the potential winner will automatically be disqualified and his/her 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 a winner is disqualified, cannot be contacted, is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
The potential winner will be notified by phone at the phone number provided during registration. THE SPONSOR WILL CALL THE POTENTIAL WINNER THREE (3) TIMES WITHIN TWENTY-FOUR (24) HOURS AFTER BEING SELECTED. 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. 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 Sponsor placing 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 unsuccessful efforts to notify a potential winner. If the winner does not claim the prize within the appropriate time given, the winner will automatically be disqualified and their prize will be forfeited without further obligation to such winner.
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. The potential winner will 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 winner to be qualified for the prize. The potential 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 potential winner from among all remaining eligible Entries, as determined by Sponsor in its sole and discretion.
One (1) Grand Prize:
A trip for two (2) to a destination of winner’s choice within the 48 contiguous United States for the Grand Prize Winner and one (1) eligible travel companion (“Prize Package”). If winner resides in Alaska or Hawaii the winner will be responsible for arranging and paying any and all costs/fees associated with travel from such residence to a major airport within the 48 contiguous US or DC. Travel must be booked no later than December 31, 2017.
Prize Package will include the following:
Round-trip economy airfare for two between the major metropolitan airport nearest winner’sprimary residence (or if residence is in Hawaii or Alaska from a major airport within the 48 contiguous US or DC) to destination airport of winner’s choice within the 48 contiguous United States;
Two (2) consecutive nights hotel accommodations of Sponsor’s choice (one (1) room, standard double occupancy) at destination;
A $200 gift card that can be used at winner’s sole discretion toward roundtrip ground transportation to and from the hotel and airport at destination; and
A $1,000 gift card that can be used toward the purchase of tickets to a sporting event of winner’s choice.
Gift cards are subject to terms and conditions contained thereon. Prize value may vary depending upon departure location and time of travel. Other restrictions may apply.
Approximate Retail Value (“ARV”): $4,000
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, bartered 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. Prizing may be fulfilled by a third party fulfillment company. 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 solely the responsibility of winner. 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 and the difference between the cost of air travel and ground transportation will not be awarded.
All prizes provided by: iHeartMedia + Entertainment, Inc.
Trip Prize Conditions: Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated ARV and actual value of Prize will not be awarded and is specified in these Official Sweepstakes Rules. Selection of airline and hotel are solely within Sponsor’s discretion. Winner may be required to present a major credit card at time of hotel check-in. 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 winner is unavailable for travel on the designated dates the prize will be forfeited and may or may not be awarded to an alternate winner 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. A MINOR 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. Both winner and travel guest 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 winner and guest do not have necessary identification and/or travel documents, the trip may be forfeited and an alternate winner will be selected, in the Sponsor’s sole discretion. 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. 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 winner 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, 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 and guest 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. An unclaimed prize 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 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. The Sponsor is not responsible for late, lost, damaged or stolen luggage. 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 prize or prize voucher 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). Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING THE PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, 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.
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. 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 Sweepstakes 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 Sweepstakes 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 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 and/or eligible travel companion 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.
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 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 the prize in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY. Except where prohibited, by accepting a prize, winner grants the Sponsor and Station(s) permission to use his/her name, character, image, voice, and likeness 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. The 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 hereby agrees: (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 prize; 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 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. 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. 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 available, the prize 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 an entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize 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 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.