Quaker Oats – Stay Aboard The Cap’n’s Quarters Contest – Win consists of the following A two consecutive night stay (for winner and up to three guests) at the Cap’n’s Quarters (a houseboat) in Boston MA and a $2000 bank gift card
STAY ABOARD THE CAP’N’S QUARTERS CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning.
This Contest is subject to and governed by applicable federal, state and local laws and regulations. Contest is void where
prohibited or otherwise restricted by law. The Quaker Oats Company is not a sponsor of this Contest and is in no way
responsible or liable for the administration or execution of the Contest.
1. CONTEST PERIOD/ ELIGIBILITY.
The “Stay Aboard the Cap’n’s Quarters Contest (“Contest) begins on July 28, 2021 at 12:00:01 a.m. EST and ends on
August 1, 2021 at 11:59:59 p.m. EST (the “Contest Period”).
This Contest is open to only to individuals who are legal residents of the 48 contiguous United States and District of Columbia
(“D.C.”) and are at least 25 years of age at the time of entry. Employees, contractors, officers and directors of Sponsor, its
affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging
agencies, WHTZ, and any third party prize fulfillment services (collectively, the “Contest Entities”); individuals employed by
any other radio and/or television station, and members of the immediate families (spouse and biological, adoptive or step-
parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they
reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest
or win the prize. Contest is void in Alaska, Hawaii, and where prohibited or otherwise restricted by law.
By entering the Contest, you agree to be bound by the terms and conditions provided in these Official Rules as well as by
Sponsor’s interpretations of these Official Rules and decisions, which are final and binding in all matters relating to the
Contest. By entering, you further acknowledge that you are participating on your own behalf and not on behalf of any third
2. HOW TO ENTER.
During the Contest Period, create an original photo or video of yourself showing how are the “Ultimate Cap’n Crunch Fan”.
Upload your Entry, along with all other required information, at www.CapnsQuarters.com. Your Entry must comply with all
“Entry Criteria” and “Consumer Created Content Requirements” described below. All entries must be received by 11:59:59
p.m. EST on August 1, 2021.
You may submit no more than one (1) Entry per day during the Contest Period. However, each Entry you submit must be
different from others you have submitted or it will be disqualified.
Entrant acknowledges and agrees that professional photographs or videos (i.e., photographs/videos taken by a
photographer/videographer who was paid to take such photographs/ videos) are not eligible. Entrant must be the
the only person photographed in the submitted photo/video.
Entry Criteria – Format of the Entry Photo or Video
Entries must be original, unpublished, and not copyrighted by any third party;
The Entry may be color or black and white;
Entry may be embellished with Entrant’s original artwork;
Entries must be .jpeg, .tiff, .pdf, .gif, .mp4, .mov, or .wmv format, no longer than 2 minutes in length (for videos)
and no more than 10MB in size for photos and 200MB for videos;
Entries need not include a product but must integrate the brand whether visually (such as an image of the Cap’n),
written (such as a poem about the brand or Cap’n) or audio (such as a song about the brand or Cap’n);
The Sponsor reserves the right to reject any Entry that it defines as unacceptable;
Entry submitted for the Contest shall not have any copyright restrictions and any issue that arises with regard to
the Entry’s copyright will be the sole responsibility of the Entrant.
Entrant must create or use an existing iHeartRadio account to submit entry. Entrants can easily create one for
free with their email address.
CONSUMER CREATED CONTENT REQUIREMENTS.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with
the Contest (including, but not limited to your Entry).
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been
previously published, (c) has not won previous awards, (d) has not been copied from other third-party works, (e) does not
infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights,
rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose
name or likeness is used in the Content, and (g) and that publication of the Content via various media including Web posting,
will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties
(as defined in Rule 8, below,) from any claims to the contrary. Any entrant whose Content includes names or likenesses of
third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings,
trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form
satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as the winner. The Content submitted
must be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose
writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content.
The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license.
The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its
sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will
not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use and
otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without
any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Contest
Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Contest Entities, or developed
by their employees, or obtained from sources other than you.
CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY
SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to
win the prize hereunder, you hereby grant the Sponsor, the Contest Entities, and other entities authorized on their behalf,
an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right
and license to use, edit, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have
distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter
created, anywhere in the world, for any purpose and without consideration to the entrant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
Content must comply with these Official Rules and any Terms of Service on the Sponsor website;
The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene
material or language;
Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender,
religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing),
and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political
agenda or message;
Content cannot be offensive, endorse any form of hate or hate group;
Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or
material about the Sponsor, the Station, any of their respective products and/or services, or about any other people,
products or companies;
Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other
intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification
such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or
product of any kind, without permission;
Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and
other works of art or images published on or in websites, television, movies or other media) without permission
(Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant,
except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, do not
copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to
any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you
have obtained all rights necessary to permit you to use same in connection with your content and grant the rights
herein granted to Sponsor and Contest Entities);
Content shall not include any background artwork, unless it is an original work of the entrant (any artwork, murals,
etc. that can be seen in the Content must be created solely by the entrant or entrant must be the sole owner of all
copyright interests therein);
The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex,
religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally
protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any
person, living or dead, without permission;
Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to
which Sponsor wishes to associate;
Content cannot depict, and cannot itself, be in violation of any law; and
The Content must be socially acceptable and in good taste, as determined by the Sponsor in the Sponsor’s sole
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL
BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole
discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating
practices and policies established by the Sponsor and/or Station for airing advertising. Any waiver of any obligation
hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. CONSUMER CREATED
CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEW/OPINION OF THE
INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any
Content infringes your intellectual property rights, click here if you wish to report it, contact us by mail at DMCA Designated
Agent, c/o Legal Department, iHeartMedia, Inc., 20880 Stone Oak Parkway, San Antonio, Texas 78258,” by fax at (210)
By accepting the prize, the winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright
laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of
his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights
which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of
which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of
Authors” or any similar rights or principles of law that winner may now or later have to their Content. Upon request of
Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor,
reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the
copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the
said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen,
misdirected, garbled, mutilated, or incomplete entries, regardless of cause. Multiple Entrants are not permitted to share the
same email address. Should multiple users of the same email account or mobile phone number, as applicable, enter the
Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said email
account or mobile phone account at the time of entry will be considered the Entrant. “Authorized account holder” is defined
as the natural person who is assigned an email address or mobile phone number by an Internet access provider, on-line
service provider, telephone service provider or other organization which is responsible for assigning email addresses, phone
numbers or the domain associated with the submitted email address. Proof of submission of an Entry shall not be deemed
proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for
the Contest. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the stated limit are
received. All Entries become the property of Sponsor and will not be acknowledged or returned.
3. WINNER SELECTION AND NOTIFICATION.
A panel of qualified judges will evaluate and score each Entry based on the following criteria:
Creativity (34%); Content Quality (33%); and Ability to Integrate Brand (33%).
The judging will take place on or about August 3, 2021 in New York, NY and Chicago, IL. The Entry that receives the highest
score from the judges based on the above criteria will be declared the potential prize winner (subject to verification of
eligibility and compliance with these Official Rules). In the event of a tie, the Entry that received the highest score in Creativity
will be the potential winner. The decisions of the judges are final.
Notification of Winner/Verification of Eligibility. Potential winner will be notified on or about August 3, 2021. Potential
winner: (a) must respond to the notification within forty-eight (48) hours; (b) may be required to present a state authorized
identification prior to being awarded the prize and/or sign an official waiver form provided by the Sponsor and agree to the
terms herein, including but not limited to the prize conditions; and (c) may also be required to sign and return an affidavit of
eligibility and any other form(s) necessary to verify eligibility and claim prize, along with any other required releases within
forty-eight (48) hours (unless otherwise stated herein or at the time of notification). If the winner is unable to be notified for
any reason, the prize may be forfeited and awarded to the entrant whose Entry received the next-highest score from the
judges (time permitting).
The Contest Entities are not responsible for suspended or discontinued wireless or online service or for any change of
Entrant’s email address, mailing address, and/or telephone number which may result in potential winner not receiving a
prize notification. If (a) an attempted notification or prize is returned as undeliverable; (b) the potential winner cannot be
contacted, fails to respond to the notification or does not accept the prize within the Notification Response Time; (c) the
potential winner fails to provide signed affidavits or releases or any other required forms within the stated time period; (d)
the potential winner fails to present a proper identification at the time of claiming a prize or fails to collect or properly claim
any prize in accordance with these Official Rules; (e) the potential winner declines the prize; (f) the potential winner cannot
be verified or is deemed ineligible; (g) the potential winner is disqualified for any reason; (h) the potential winner is not
available to participate in any applicable Contest event(s) that participation may be required to be considered eligible; or (i)
the potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate
winner, in Sponsor’s sole discretion, based on the results of the judging process., as described above. If any alternate(s)
similarly fails to properly claim the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the
prize to another alternate but if it is unable to do so, the prize will be deemed unclaimed and Sponsor shall have no further
liability, in connection with this Contest, to award the unclaimed prize.
One (1) prize is available to be awarded in this Contest. The prize consists of the following: A two (2) consecutive night stay
(for winner and up to three (3) guests) at the Cap’n’s Quarters (a houseboat) in Boston, MA; and a $2,000 bank gift card.
Approximate Retail Value (“ARV”) of prize: $3,000. Prize stay must take place between August 9, 2021- August 17,2021 or
it will be forfeited in its entirety. Prize must be accepted in its entirety exactly as described herein. No more than one (1)
prize shall be awarded. The prize may not be sold, traded, or commissioned, and is not exchangeable, transferable,
substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change
upon reasonable notice to winner. Sponsor is not the supplier of the prize. The prize will only be awarded if properly claimed
according to the Official Rules. The prize consists only of the items described above. All other costs and expenses related
to the prize acceptance, the prize, and/or prize use not specified herein as being provided including but not limited
to air and/or ground transportation, meals and souvenirs, are the sole responsibility of winner.
Other Conditions and restrictions may apply. THE PRIZE IS AWARDED “AS IS” AND THE SPONSOR AND THE QUAKER
OATS COMPANY DO NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES,
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE PRIZE
(INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF CONTEST AND/OR PRIZE DESCRIPTION
ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS
APPEARING IN THE CONTEST ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY
AFFILIATION OR ENDORSEMENT.
Use of gift card is subject to the terms, conditions and policies of the issuer. The Sponsor is not responsible if the gift card
is lost, stolen, destroyed or used without permission. If the gift card is lost or stolen, it will not be replaced. No substitutions
allowed except by Sponsor, who may substitute a prize of equal or greater value if the advertised prize becomes unavailable.
The prize winner and guests must conduct themselves at all times in a socially responsible, respectful and appropriate
manner including following all private guidance from a venue operator and other prize suppliers as well as governmental
mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but
are not limited to maintaining social distancing, mask-wearing, testing and may also include quarantine (if mandated).
The Sponsor is not responsible for any delay, cancellation or rescheduling of any event and no substitution or compensation
shall be awarded in lieu thereof. Sponsor reserves the right to not award the prize associated with that canceled event,
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 stay is in Sponsor’s sole. The winner and guests agree to comply with all applicable
venue regulations in connection with the Contest prize. Sponsor and the applicable venue representatives reserve the right
to remove or to deny entry to winner (and his/her guests) who engage in a non-sportsmanlike or disruptive manner, or with
intent to annoy, abuse, threaten or harass any other person at the Contest prize event or in any other objectionable
behavior. If, after the prize winner has been selected and redemption has been completed, the prize is cancelled, such
portions of the prize will be forfeited and the Sponsor shall have no further obligation to winner to award any other component
of 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 the prize.
If actual value of the prize at the time it is awarded is less than the stated ARV, or the winner and/or if applicable, his/her
guest(s)) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference
between the actual and approximate retail value, and such difference will be forfeited.
COVID-19 Release and Waiver: Winner understands and agrees that travel will be dangerous due to the Coronavirus
(COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such travel. In all cases,
winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in
IF A GUEST OF WINNER IS DEEMED A MINOR IN HIS/HER STATE OF RESIDENCE, THE GUEST MUST BE WINNER’S
CHILD OR LEGAL WARD. ALL MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING PRIZE STAY BY WINNER.
Guests must sign and return a liability/publicity release as a condition of accompanying winner. If a guest is a permissible
minor, the winner must sign the release. The Sponsor shall not be responsible for any cancellations, delays, diversions or
substitution or any act or omissions whatsoever by persons providing any prize-related services or accommodations. Winner
must sign a prize acceptance form, provide the information for their travel guests, a W-9 form, an affidavit or verification of
eligibility, and a liability/publicity release (where permitted) as a condition of receiving the prize. Prizewinner and guests are
also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge
that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. 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 the prize in accordance with these Official 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. BY ACCEPTING PRIZE, WINNER ACCEPTS 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.
Please note that you may not win a prize in a Contest, sweepstakes or other promotion sponsored by
iHEARTMEDIA INC or WHTZ more than one (1) time every fifteen (15) days.
5. TAMPERING AND DELIVERY DISCLAIMER.
The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s
Entries) any person who the Sponsor determines (in its sole discretion) is or is attempting to: (a) tamper with the Sponsor’s
website and/or any part of the Contest; (b) undermine the legitimate operation of the Contest by cheating, deception, or
other unfair playing practices, (c) annoy, abuse, threaten or harass any other Entrants, the Sponsor, or the Released Parties
DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR
UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL
LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE
RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE
FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. The use of any automated device,
automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically
enter repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery
of any item sent by mail, courier, express, electronic transmission, or other delivery method.
Released Parties are not responsible for: (a) mechanical, technical, electronic, communications, telephone, computer,
hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed
transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable
network connections which may limit an online Entrant’s ability to participate in the Contest; (b) any injury or damage to
Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information
necessary to participate in the Contest; (c) any incorrect or inaccurate information, whether caused by Entrants, printing
errors or by any of the equipment or programming associated with or utilized in the Contest; (d) technical failures of any
kind, or (f) technical or human error which may occur in the administration of the Contest or the transmission, receipt or
processing of Entries.
The Sponsor further reserves the right to: (a) cancel, terminate, suspend, declare null or void, amend, alter, or modify the
Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method
of conducting the Contest and/or awarding the prize at any time if, in the sole discretion of the Sponsor, it is impossible or
impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer
virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used
in the Contest, by any human error which may occur in the execution of this Contest, or by any other causes which affect
the operation of the Contest; and/or (b) stop or conclude the Contest at any time without prior notice. Material changes to
the Official Rules will be broadcast on-air, when practical. In the event of termination of the Contest by Sponsor, Sponsor
reserves the right to award the prize in a manner deemed fair and equitable by Sponsor.
Except where prohibited, by accepting the prize, winner grants the Sponsor and Station 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 will be included in a publicly available winners list.
7. USE OF PERSONAL INFORMATION.
The Sponsor will retain an Entrant’s personal data for a reasonable period of time to enable it to send that Entrant the prize
that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data
may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of the
Entrant may have the opportunity to opt-in to receive emails from c third parties. In the event that Entrant opts in to any
available opportunities to receive information from a third party, that may or may not be associated with this Contest, Entrant
understands and acknowledges that his/her information will be provided to such third party and may be used by the third
Contest, and opting in will not improve your chances of winning.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.
By participating in the Contest, each Entrant agrees to release and waive any and all claims of liability against the Contest
Entities, the Quaker Oats Company and any applicable third party fulfillment service and each of their respective employees
and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including
personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling,
receipt, possession, and/or use or misuse of the prize, (if applicable) including any travel related thereto. By accepting the
prize, winner hereby agrees to release each of the Released Parties from any and all claims in connection with the Contest
and the award or use of the prize. The Released Parties are not responsible or liable to any Entrant or the winner or any
person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of
God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited
to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves
to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public
enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable
disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal)
labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or
any other cause beyond the Contest Entities’ sole control. Upon awarding the prize, the Sponsor will have no further
obligation to winner.
The valuation of the prize stated above is based on available information provided to the Sponsor. Winner will be issued an
IRS Form 1099 for the value of the prize, and the value of the prize will be reported to the IRS as required by law. The
winner is solely responsible for reporting and paying any and all federal, state, and local taxes, related to prize acceptance
and use not specified herein. The winner must provide the Sponsor with valid identification and a valid taxpayer identification
number or social security number before the prize will be awarded.
10. CONDUCT AND DECISIONS.
Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent
means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities
concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason,
more bona fide winners are notified than the one (1) prize 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 Contest to the Sponsor’s and/or Station’s “discretion”
and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s “sole and unfettered
discretion.” The Sponsor further reserves the right to terminate the Contest if in its sole judgment, the rules or the integrity
of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not
an Entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a random drawing from
all eligible entries received prior to termination. If applicable material changes to the Contest rules will be broadcast on-air
and available on-line at the Station’s website, when practical.
11. BINDING ARBITRATION.
Any controversy or claim arising out of or relating to the Sponsor or the Contest shall be settled by binding arbitration in a
location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant),
or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for
commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and
Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply
Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege
recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as
compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this
arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class
or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this
arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable,
illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or
illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision
shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for
arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty
days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE
ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR
PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE
ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
Sponsor disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Contest. As a condition
of participating in the Contest, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant
be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to
claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-
pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise
increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize
awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class
action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any),
excluding attorneys’ fees and court costs. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION
OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT. Winning the prize is contingent upon winner’s
fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest’s Official Rules,
or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in
accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any
matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for
entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.
14. WINNER’S NAME: For the name of the winner, send a stamped, self-addressed envelope, to Stay Aboard the Cap’n’s
Quarters Contest Winner, WHTZ, 32 Avenue of the Americas, FL 3, New York, NY 10013. Indicate “Winner’s Name” on the
outside of the envelope. Requests must be received by September 3, 2021, and will be honored after winner’s confirmation