OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.A PURCHASE OR PAYMENTWILL NOT INCREASE YOUR CHANCES OF WINNING.
Estetica Mother's Day Makeover (the “Sweepstakes”)
WKQI, WSNX, WVKS
StationAddress: _27675 Halsted, F_armington _Hills,_M_I 48331
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directedto the Sponsor. For a copy of these OfficialSweepstakes Rules, pleasevisit www.channel955.com, www.1045snx.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., Mother's Day Makeover at 27675 Halsted, Farmington Hills, MI, 48331.
1.ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of
Michigan or Ohio (ii) who are 18 years of age or older at the time of entry (“Entrant”).
The Sweepstakes is subject to all applicable federal,state, and local law and regulations.
Void outside the state(s)of Michigan or Ohio (countieslisted above) and where prohibited or restricted by law.
Employees, contractors, officersand directors of Sponsor, its affiliates, parentcompanies, 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 otherradio and televisions station; and membersof the immediate families (spouseand biological, adoptiveor 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 eligibleto 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 withina 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: Sweepstakes beginson Monday, May 1, 2023 at 6:00:00a.m. ET and ends at 8:00:00 a.m. ET on
Sunday, May 14, 2023 (“Sweepstakes Period").
The Sponsor’s computeris the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. INSTAGRAM:
During the Sweepstakes Period access your social media account, follow the links and instructions to become a follower of @mojointhemorn, @channel955, @1045SNX, and @kissfmtoledo.. Then, “like”, comment on the official Sweepstakes post and tag three (3) friends (“Post”) and include the hashtag #MAKEOVERSWEEPSTAKESENTRY. Any text included in the entry must be in English.
Limit: one (1) entry per person/ regardless of Method of Entry duringthe entire Sweepstakes Period. Multiple Entrants are not permittedto share the same Social Media Account.
In order for your entry to be valid,your Instagram profile must be public and thus viewableby the Sponsor and its agents.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated Instagram. You understand that you are providing your information to the Sponsorand not to Instagram.
CONSUMER CREATEDCONTENT 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 submission.
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, (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 includesnames or likenesses of third partiesor 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 renderingservices in connection with the Content.The Content shall not containany 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 absolutediscretion.
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 otherwisedisclose the ideas contained in the Entry on a non-confidential basis to anyoneor 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 POSTEDON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNETAS AUTHORIZED BY
SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Sweepstakes and for theopportunity 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 (throughmultiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit,
have distributed, prepare derivative worksof, and promotesuch 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 OfficialRules and any Terms of Serviceon 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 Sponsorwebsite;
·The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
·Content cannot be sexually explicitor suggestive, unnecessarily violent or derogatory of any ethnic,racial, gender, religious, professional or age group, profaneor pornographic, containnudity 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, the Sponsor, any of their respective products and/or services, or about any other people, productsor 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 orproduct of any kind, withoutpermission;
·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 grantedto 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 protectedclassification (which includes, but is not limited to, epithets or slurs, threats,intimidations, or hostileacts);
·Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying anyperson, living or dead, withoutpermission;
·Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsorwishes to associate;
· Content cannotdepict, 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.
ALL DECISIONSREGARDING THE APPROPRIATENESS OF THE MATERIALSCONTAINED 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 broadcaststandards 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 waiverof any obligation to entrants. Sponsor reserves the right to waive the Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Sweepstakes Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to any judging period. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECTTHE VIEWS OF SPONSOR IN ANY MANNER.If you think that any Content
By acceptinga prize, the winner(s) agreesthat his or her Contentwill be deemed a Work Made For Hire underthe Copyright laws of the United States,but if it cannot be so deemed,then the winnerirrevocably 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 requestthe assignment.
By participating, you agree (a) to be bound by these OfficialSweepstakes Rules; (b) as between you and the Sponsor,that the decisionsof the Sponsor is finalon all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employeror third party;(d) in the event that you do not complywith these Rules, that you will be disqualified and your prize(if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalistmust be availableto participate in any portionto the Sweepstakes that participation may be required to be considered eligible.
3.WINNER SELECTION.On or aboutSunday, May 14, 2023, the Sponsor will randomly selectone (1) potentialSweepstakes winner from among all eligible entriescollectively received during the Sweepstakes Period.
Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verifyhis/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsorreserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Winner Notification: Winner will be notified withinone (1) day after the sweepstakes drawing,via e-mail, and/orat Sponsor's discretion via phone at the phone number providedduring registration. In the event the Winnerdoesn't respond to Sponsor's notification or does not accept the prize withintwenty four (24) of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potentialWinner(s) fails to respondas stated above, declines the prize or fails to provide signed aff idavitsor releases, such Winner(s)will be deemed to forfeitthe prize and Sponsor will select an alternate Winner(s) from the remainingeligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsorwill use a reasonable numberof 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 forfeite d and Sponsorshall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants.The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful effortsto notify a finalist and/or potential winner(s).
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 providedby the Sponsor and agree to the terms herein,including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
One (1) Grand Prize: $500 Gift Gard. Approximate Retail Value (“ARV”): $500 All prizes providedby: Estetica Med Spa & IV Bar
Odds of Winning: The odds of winning the prize depend on the number of eligible entriesreceived.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions asspecified herein. A prize may not be sold, traded,or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash exceptin Sponsor's sole discretion. Prize details and availability are subject to change. Sponsoris 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/orprize use not specified hereinas being providedare the sole responsibility of winner(s).
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSORDOES 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, WITHOUTLIMITATION, ANY IMPLIEDWARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
NAMES, LOGOS AND OTHER MATERIALSARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMESAND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
Some or all of the following prize conditions may apply, depending on your prize.
FOR PROMOTIONAL CARDS:
FOR CONCERTS AND ANY PRIZE-RELATED EVENTS:
COVID-19 Release and Waiver: Winner understands and agrees that this event 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 event. Winner acknowledges that, notwithstanding the safety precautions taken by the stadiums or other venues, and other providers of event-related services, it is possible that he/she may still contractCoronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the event. In all cases, winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the other ReleasedParties) have any liability in excess of the above-indicated ARV of the event.
The prize winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner including followingall private guidancefrom 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 includequarantine (if mandated).
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 canceledevent or concert, without any payment or obligation to the winner or potentialwinner. Any providedtickets are subjectto 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. Lost or stolenpasses or ticketsto any event will not be replaced. The Sponsor reserves the right to substitute a prize, in whole or in part, with anotherprize (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 intentto annoy, abuse,threaten or harassany other personat the concert and/orother Sweepstakes prize event or in any other objectionable behavior. If, aftera prize has been selectedand 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(s)must present stateauthorized identification priorto being awardedthe prize. Winnermay 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(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portionof the prize, the winnerwill not receivethe difference betweenthe actual and approximate retail value, and such difference will be forfeited.
FOR MEET AND GREETS:
The meet & greet is subject to the talents’ schedule and availability. 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 prizeassociated with that canceled event,meet & greet,and/or concert, withoutany payment or obligation to the winner or potential winner. Any provided ticketsare subject to certain terms and conditions specified thereon. Locationof 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 anotherprize (or prize component) of equal or greater valueor alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor’sdiscretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to complywith all applicable venue regulations in connection with the meet & greet,concert and/or otherSweepstakes prize events.Sponsor and the applicable venue representatives reservethe 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 greet & meet, concert and/or other Sweepstakes prize event or in any other objectionable behavior. If, after aprize 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(s) 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(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winnerwill not receivethe difference betweenthe 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. Winner acknowledges that, notwithstanding the safety precautions taken by the air carrier,hotel property, stadiumsor other venues,and other providers of travel-related services, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the trip. In all cases, winner releases and agrees to hold harmlessSponsor (as well as the other ReleasedParties) from any and all liability in conjunction
therewith and, in no event, shall Sponsor, (as well as the other Released Parties) have any liability in excess of the above- indicated ARV of the Trip.
The prize winner and guest 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 limitedto maintaining social distancing, mask-wearing, testing and may also includequarantine (if mandated).
Trip Prize Conditions: All prize packages shall include round-trip, coach class air transportation for winner from a major commercial airport near winner’s home to the destination and a double occupancy standard hotel room as specified in herein. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual valueof Prize will not be awarded and is specifiedin these OfficialSweepstakes Rules. Selection of airline and hotel are solely withinSponsor’s discretion. Meals,gratuities, luggage fees, incidental hotel charges and any othertravel-related expenses not specified hereinare the sole responsibility of winner and guest. Travelfor 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 prizewinner(s) is unavailable for travel on the designated dates, the specified or prize willbe forfeited and may or may not be awardedto an alternate prizewinner(s) 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. IF THE WINNERIS ELIGIBLE, BUT A MINOR IN HIS/HERSTATE OF RESIDENCE, THE TRAVEL GUESTMUST BE WINNER’S PARENT OR LEGAL GUARDIAN. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) 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 TIMESDURING TRIP (INCLUDING, BUT NOT LIMITEDTO, IN-FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR’S
PARENT OR LEGAL GUARDIAN. Travelguests 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 trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winnerdoes not have a validUS passport upon winningthe prize, the trip may be forfeited and an alternate winner will be selected, in the Sponsor’s sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified. 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. 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. The difference in value will not be awarded to the prizewinner. The Sponsorshall 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 detailsand travel information to be providedto the prizewinner at the time of notification. Winnerand guest will be requiredto complete and return the applicable forms and releases.Winner must sign a prize acceptance form, provide the information for their travelguest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) 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. Lost, stolen or damaged airlinetickets, travel vouchersor certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reservesthe right to determine an alternate winnerin its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local,state and federaltaxes) and any and all other expensesnot specifically mentioned herein are the sole responsibility of the prize 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 awardedwithout the inclusionof the item on the same itinerary. If concerts or other ticketedevents have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and
conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible forany 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 prizes or prize vouchersmust be redeemedas 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), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON ORAFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORSAND OCCURRENCES AND AGREES THAT THE SPONSORAND RELEASED PARTIESSHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
For Virtual Prizes:
By entering this Sweepstakes and accepting the Prize Winner and Winner’s Guest agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in the Virtual Event. Sponsor and Released Parties reserve the right to terminate the Winner’s/Guest’s participation in the Virtual Event, in whole or in part, with no further compensation, in the event the Winner/Guest engages in behavior that is obnoxious, threatening, or illegal; is intended to annoy, abuse,threaten or harass any other person; is uncooperative or disruptive; may or does cause damage to person, property, or the reputation of Sponsor and Released Parties; or otherwise violates the policies of the Sponsor;all as determined by Sponsorin Sponsor’s sole discretion.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or softwareerrors, 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 hardwareor software; (5) unauthorized human intervention in any part of the entry processor operation of the Sweepstakes; or (6) technicalor 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 methodof conducting the Sweepstakes and/orawarding the prize(s)at any time, for any reason, or if, in the sole discretion of the Sponsor,it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason,including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrantin the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Materialchanges to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reservesthe right to award any prize(s) in a mannerdeemed fair and equitable by Sponsor.
6.PUBLICITY. Except whereprohibited, by acceptinga prize, winner(s) grant the Sponsorand Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publiclyavailable 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, Instagram 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 relatedthereto. By acceptingthe 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 Section6 prior to acceptance of the prize.The Released Partiesare not responsible or liable to any entrantor 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 severeweather, hurricane, embargo,labor dispute or strike (whetherlegal or illegal)labor or materialshortage, 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 furtherobligation to winner.
9.TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awardedto a winner may be reported to the IRS as requiredby 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 prizesto 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 disputesshall 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 furtherreserves the rightto terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failureto enforce any term of these Official Rules shall not constitute a waiver of this provision.
11.BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other locationas may be mutually agreed upon by the parties,in accordance with the procedural rules for commercial disputesset 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 enteredin 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 ifthe 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, whichdiscovery 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 PLAINTIFFOR 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 OFFICIALRULES.
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 agreeto 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 limitedto 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 abovemay 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 questionsconcerning 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.