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 YOUR CHANCES OF WINNING.
Sweepstakes Name: Mojo’s Virtual Prom Sweepstakes (the “Sweepstakes”)
Station: WKQI, WSNX, WVKS (collectively, the “Station”)
Station Address: 27675 Halsted, Farmington Hills, MI 48331
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, visit the website www.channel955com, www.1045wsnx.com, or www.925kissfm.com.
List of Winner(s): For the name(s) of the winner(s), send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Mojo’s Virtual Prom Sweepstakes Winner’s List,27675 Halsted, Farmington Hills, MI 48331.
1.ELIGIBILITY. This Sweepstakes is open only to individuals who are (i) legal U.S. residents of the states of Michigan or Ohio and (ii) 14 years of age or older at the time of entry (“Entrant”). Entrants who are under 18 years of age at the time of entry are considered a minor (“Minor”) and must obtain parental or legal guardian consent in order to be eligible to enter the Sweepstakes. Parental consent occurs when the parent or legal guardian of a Minor grants permission for the Minor to participate and agrees on behalf of himself/herself and the Minor to these Official Rules.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the states of Michigan and Ohio and where prohibited or restricted by law.
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.
Eligibility Frequency Limits:The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period.For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event.For local sweepstakes/contests, an individual may win only once (1) every seven (7) days.An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes.“Household members” shall mean people who share the same residence at least three (3) months a year.
2. TIMING AND HOW TO ENTER.There are two (2) ways to qualify for a chance to win prize. Each qualifier will hereinafter be referred to as a “Finalist”.
A. Call-in: On weekdays (Monday through Friday) beginning on May 3, 2021 and ending on May 21, 2021, listen to the participating Station between 6:00:00 a.m. Eastern Time (“ET”) and 11:00:00 a.m. ET for a “sounder” or cue to call in (a “Playtime”) and be the designated caller for the particular Playtime. The fifteen (15) designated callers (one  for each weekday of the time period as described above), will be deemed “Finalists” and qualify for the Grand Prize Event (defined in Section 4), subject to verification. The participating Stations may or may not choose to announce exact times the cues will be played.
·The Entrant must be the designated caller, from all callers calling-in from participating Stations, to the phone number announced; the designated caller, if eligible, will be declared a Finalist. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential Finalist for that Playtime. Listen to the Station for details on specific times to play. The dates and times of station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating stations, at their sole discretion may or may not choose to air all Playtimes due to programming obligations and other factors.
·The Sponsor assumes no responsibility for Entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
·WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
B. TikTok: Beginning at 6:00:00 a.m. ET (or at the time of Sponsor’s post of the Sweepstakes video described below) on May 3, 2021 and 11:00:00 a.m. ET on May 19, 2021, access the TikTok application (“TikTok App”) on your mobile device (“Device”) and follow the links and instruction to log in to your TikTok account (“TikTok Account”). Next, visit https://www.tiktok.com/@mojointhemorn, look for the Sweepstakes video and “Stitch” the Sweepstakes video. Your (stitched) video must include the hashtags #MojoProm #Sweepstakes to be considered a valid entry. Your TikTok entry and its included content will hereinafter be referred to as your “Entry” or “TikTok Entry”. Entries will not be judged. Ten (10) Finalists from the TikTok method of entry will be selected via a random drawing and will qualify for the Grand Prize Event, subject to verification (defined in Section 4). See Section 4 for random drawing details. Limit one (1) Entry per person for this method of entry.
Permissions: Entrant must have permission from any recognizable individuals who appear in the Entry to use their names and likenesses in the Entry and to grant the rights set forth herein. Minors may only be included in the Entry and enter the Sweepstakes if Entrant has permission from their parent or legal guardian. If requested, Entrant and/or parent or legal guardian must be able to provide such permissions or proof in a form acceptable to Sponsor.
In order for your TikTok Entry to be valid, your TikTok profile must be public and thus viewable by the Sponsor and its agents.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with TikTok. You understand that you are providing your information to the Sponsor and not to TikTok.
For all Entries (as applicable): Entrants may not enter with multiple TikTok or email accounts, nor may Entrants use any other device or artifice to enter multiple times or as multiple registrants. Multiple Entrants are not permitted to share the same TikTok or email accounts. Should multiple users of the same TikTok or email account, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned a TikTok by Musical.ly, Inc. or other organization which is responsible for assigning TikTok accounts or the domain associated with the submitted TikTok account or an email account assigned by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
The Sponsor is not responsible for Entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete Entries, regardless of cause. Proof of submission of an Entry shall not be deemed proof of submission or receipt by the Sponsor. Entries will be disqualified if incomplete and/or if prohibited multiple Entries in excess of the stated limits are received. All Entries become the property of Sponsor and will not be acknowledged or returned.
Your Entry must be your original work. Your Entry need not include any reference, positive or negative, to Sponsor’s or promotion partner’s products or services. Your Entry must comply with these Official Rules and the Consumer Created Content Requirements outlined in Section 3, Permissions and Restrictions. Any Entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Consumer Created Content Requirements, Permission and/or Restrictions may be disqualified.
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 finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3.CONSUMER CREATED CONTENT REQUIREMENTS.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Sweepstakes (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 others, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such Entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any Entrant whose Content includes names or likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of Entrant as a winner. The Content submitted shall be 100% owned and controlled by the Entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Sweepstakes 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 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 DISCRETION. In consideration for your participation in this Sweepstakes and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Sweepstakes Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purposeand without consideration to the Entrant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
·Content must comply with these Official Rules and any Terms of Service on the Sponsor website;
·Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;
·The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
·Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
·Content cannot promote alcohol, marijuana, illegal drugs, tobacco, vaping or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
·Content cannot be offensive, endorse any form of hate or hate group;
·Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the Station, the Sponsor, any of their respective products and/or services, or about any other people, products or companies;
·Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, email 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 Sweepstakes. 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 Sweepstakes Entities);
·Content shall not include any background artwork, unless it is an original work of the Entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein);
·The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
·Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
·Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
·Content cannot depict, and cannot itself, be in violation of any law; and
·The Content must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.
By accepting a prize, the winner(s) agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
4.SELECTION OF FINALISTS. Limit: One (1) Finalist position per person.
A. Call-in Method of Participation: A total of fifteen (15) Finalists shall be determined from the “Call-in” method of participation as described in Section 2.
B. TikTok Method of Participation: A total of ten (10) Finalists will be selected in a random drawing on or about May 19, 2021 (after 11:00:00 a.m. ET) from among all eligible TikTok Entries received by Sponsor or Sponsor’s representatives.
Notification of Finalists selected from TikTok Entries: Finalists will be notified immediately after the random drawing, via direct message to potential Finalist’s TikTok account or Sponsor will comment on the selected TikTok Entry. The notification will include instructions on how to respond to Sponsor. Sponsor must receive potential Finalist’s response, as indicated within the notification, within twelve (12) hours. In the event the potential Finalist does not respond to Sponsor's notification within twelve (12) hours, the Finalist position will be deemed forfeited and an alternate Finalist will be selected (time permitting). Notification is deemed to have occurred immediately upon direct messaging or commenting. The Sponsor is not responsible for any change of Entrant’s email address, mailing address, TikTok account and/or telephone number. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential Finalist or for unsuccessful efforts of a Minor potential finalist to provide signed parental or guardian consent, if required.
For all Finalists:Finalists selected are subject to verification, including verification of eligibility. The Sponsor reserves the right to determine an alternate Finalist in accordance with these Official Rules in the event that that any Finalist is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Each Finalist must be available to attend, participate in, and be eligible for Mojo’s Virtual Prom Grand Prize Event to be held on May 21, 2021 from 8:00 p.m. ET to 9:00 p.m. ET (the “Grand Prize Event”), VIRTUALLY VIA ZOOM, LINK PROVIDED to be eligible to win a prize.
5.GRAND PRIZE EVENT. Only verified and qualified Finalists may participate in the Grand Prize Event. It is anticipated that there will be a total of twenty-five (25) Finalists participating in the Grand Prize Event, however, the Grand Prize Event may proceed with less than twenty-five (25) Finalists if a potential Finalist is deemed ineligible and time does not permit Sponsor to select an alternate potential Finalist or in the case a Finalist is either unable to or does not attend the Grand Prize Event. If a Finalist does not attend the Grand Prize Event, he/she is NOT eligible for the Grand Prize or a Runner Up Prize and Sponsor has no further obligation to such individual. Upon arrival on the Grand Prize Event, and before 8:30 p.m. ET, all Finalists will be required to check in with Station representatives and register to be eligible to participate in the Grand Prize Event. If, for any reason, any Finalist is not present at the Grand Prize Event and does not check in and register before 8:30 p.m. ET, such Finalist may be deemed ineligible and may be disqualified, in the Sponsor’s sole discretion.
Grand Prize Event Conditions: Finalist must be present at the Grand Prize Event to be eligible to win the Grand Prize or a Runner Up Prize, no stand-ins or substitutions will be permitted. Date and time of the Grand Prize Event is subject to change. The Sponsor is not responsible for any delay, cancellation or rescheduling of the Grand Prize Event. Sponsor reserves the right to remove or to deny entry to any Finalist who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during the Grand Prize Event. The event moderator will have the ability to view all Finalists. Finalists must follow these guidelines: (a) Only verified Finalists may appear on the screen; (b) Finalist must not be drinking alcohol, smoking, or vaping, or appear to be intoxicated or under the influence of drugs on screen; and (c) Finalist must behave in a manner consistent with the public nature of this event. For example, the following types of behavior are not permitted: overt sexual acts, violence, or any actions that could incite or offend other Finalists, the Sweepstakes Entities or any entity. Failure to meet these requirements may result in removal from the Grand Prize Event. Each Finalist must access the Grand Prize Event via a web-enabled device. Access to a web-enabled device is solely Finalist’s responsibility. Data rates may apply if the Grand Prize Event is accessed using a wireless service provider’s network. Check with your wireless service provider for details on these and any other applicable charges. Finalist is solely responsible for any such wireless charges. Sponsor is not responsible for any technical difficulties associated with Finalist’s ability to access the Grand Prize Event. If Finalist cannot attend the Grand Prize Event on the day and time stated by Sponsor, for any reason whatsoever, then the Grand Prize Event portion of the prize shall be forfeited by Finalist and Sponsor shall have no further obligation to Finalist regarding the Grand Prize Event.
Determination of Grand Prize Winner and Runner-Up Winners: During the Grand Prize Event, the Sponsor shall conduct a random drawing from among all Finalists who are present at the Grand Prize Event. The first randomly selected Finalist will be deemed the Grand Prize winner, the second and third randomly selected Finalists will be deemed Runner-Up Prize winners.
Winners will be announced during the Grand Prize Event. As a condition of participating in the Sweepstakes, winners (or in the case of a Minor, their parent or legal guardian) agree and acknowledge that in order to receive a prize and be deemed an official winner, he/she must present identification to prove eligibility. Satisfaction of such identification shall be at the sole discretion of the Sponsor. Winners (or in the case of a Minor, their parent or legal guardian)will be required to sign and return an affidavit of eligibility and liability release within three (3) days. If a potential winner fails to provide and/or return any required identification or documents within a stated time period, cannot be verified or declines the prize,such winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate winner(s) from the remaining eligible Finalists. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
6.PRIZE(S).One (1) Grand Prize: $10,000.00 awarded in the form of a check (payable to winner). Two (2) Runner-Up Prizes: $1,000.00 awarded in the form of a check (payable to winner). Limit: One (1) prize per person/household.
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, or commissioned, and is not exchangeable, transferable substitutable, or (for non-cash prizes) 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 Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
Prize Providers: Moran Chevrolet & iHeartMedia
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
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 (6) 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 an 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.
8.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.
10.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 8 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
11.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.
12.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 an 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.
13.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.
14.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.
15.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 13 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.