NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
Sweepstakes Name: Mojo's Bishop Airport Festival Flyaway Sweepstakes (the “Sweepstakes”)
Station: WKQI-FM, WSNX-FM, WVKS-FM, (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 Rules, please visit the website www.Channel955.com (WKQI-FM), 1045snx.iheart.com (WSNX-FM), or 925kissfm.iheart.com (WVKS-FM).
List of Winner(s): For the names of the winners, send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Mojo's Bishop Airport Festival Flyaway Winner’s List Request at 27675 Halsted, Farmington Hills, MI 48331.
THE GRAND PRIZE WINNER MUST BE WILLING AND ABLE TO TRAVEL ON SEPTEMBER 22, 2023. THERE IS ONLY ONE (1) GRAND PRIZE FOR THE SWEEPSTAKES. ELIGIBLE INDIVIDUALS MUST BE DEEMED A “QUALIFIER” AND ATTEND THE GRAND PRIZE EVENT TO QUALIFY FOR A CHANCE TO WIN THE GRAND PRIZE. SEE BELOW FOR ALL DETAILS.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (a) are 21 years of age or older, (b) are a legal U.S. resident, and (c) reside in one of the following counties listed below. An eligible individual who enters the Sweepstakes shall herein after be referred to as an “Entrant”. Eligible counties:
· For WKQI-FM: The following counties within the state of Michigan: Lapeer, MI; Livingston, MI; Macomb, MI; Monroe, MI; Oakland, MI; Sanilac, MI; St Clair, MI; Washtenaw, MI; and Wayne, MI
·For WVKS-FM: The following counties within the state of Michigan and Ohio: Lenawee, MI. Defiance, OH; Fulton, OH; Hancock, OH; Henry, OH; Lucas, OH; Ottawa, OH; Sandusky, OH; Seneca, OH; Williams, OH; Wood, OH; and Wyandot, OH .
·For WSNX-FM: The following counties within the state of Michigan: Allegan, MI; Barry, MI; Branch, MI; Calhoun, MI; Ionia, MI; Kalamazoo, MI; Kent, MI; Montcalm, MI; Muskegon, MI; Newaygo, MI; Oceana, MI; Ottawa, MI; St Joseph, MI; Van Buren, MI.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations. Void outside of Michigan and Ohio (counties listed above) and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors, 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 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 Sweepstakes or win the prize. Entrants must be participating on their own behalf and not on behalf of any employer or third party.
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. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. Two (2) Qualifiers will be identified on each of the following days: September 11, 2023; September 12, 2023; September 13, 2023; September 14, 2023; September 15, 2023; September 18, 2023; September 19, 2023; September 20, 2023 as described below.
During each day listed above, listen to a participating Station for the sounder or cue to call into the Station for a chance to become a potential Qualifier. One (1) cue to call in will occur during the 6:00 a.m. Eastern Time (“ET”) hour and the other cue shall occur during the 9:00 a.m. ET hour. One Qualifier per time slot shall be determined.
-The Entrant must be the designated caller (as announced on air at the time of the cue) from all callers calling-in to the participating Station to the phone number announced. The designated caller will be declared a Qualifier unless the Sponsor determines he or she is not eligible. The Sponsor may select the next consecutive eligible caller as a potential Qualifier if the first caller in deemed ineligible.
- Listen to the Station for additional details on the specific time to call into the Station. The date(s) and time(s) of Station(s) participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating Station(s), at its sole discretion may or may not choose to air the sounder(s) 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.
As applicable: Entries must contain all information requested and comply with all any applicable restrictions or requirements set forth herein to be valid. Incomplete and/or invalid or duplicate entries will be disqualified. By participating in the Sweepstakes, Entrants agree that the Station may contact them in connection with the Sweepstakes, via phone or email, at the telephone number or email address from which the entry or online entry was received. 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 in Section 9) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same email account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said 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 for online entries. The Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the above stated limit will be declared ineligible. All entries become the property of Sponsor and will not be receipt acknowledged or returned. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes.
3. QUALIFIER/GRAND PRIZE WINNER SELECTION AND NOTIFICATION. Each Qualifier must be available to attend, participate in, and be eligible for the Grand Prize Event held on September 21, 2023 at Bishop International Airport-Flint (“Grand Prize Event”). The exact time and location at the airport for the Grand Prize Event shall be communicated to the Qualifier at the time they are declared a “Qualifier” or shortly thereafter. Qualifiers will be notified immediately at the time of call-in. Odds of winning depend on the number and order of callers for a given designated time.
All costs associated with attending the Grand Prize Event, including, but not limited to any transportation to/from the event are the sole responsibility of each Qualifier.
GRAND PRIZE EVENT DETAILS: Only confirmed Qualifiers may participate in the Grand Prize Event. It is anticipated that there will be a total of sixteen (16) Qualifiers, but this number could change based on various factors such as a Qualifier being deemed ineligible or unable to attend the Grand Prize Event. A Qualifier MUST BE PRESENT at the Grand Prize Event to be eligible for the Grand Prize.
All Qualifiers will be required to check in at the Grand Prize Event with a Station representative and register to be eligible to participate in the Grand Prize Event at the designated time (previously communicated to Qualifier). If, for any reason, any Qualifier does not arrive at the Grand Prize Event and check in and register at the appropriate time, for any reason, such Qualifier may be deemed ineligible and disqualified, in the Sponsor’s sole discretion. Qualifiers must be present to win, no stand-ins or substitutions will be permitted. Date, time and location of the Grand Prize Event is subject to change.
Grand Prize Winner Determination: The Grand Prize winner shall be randomly selected by Sponsor, in Sponsor’s sole discretion from among all eligible, present Qualifiers in attendance at the Grand Prize Event. The random method of determining the Grand Prize winner shall be determined by Sponsor, in its sole discretion.
Hereinafter, a Qualifier and the Grand Prize winner may be referred to as a “winner”.
Winner(s) may be required to present a state authorized identification prior to being awarded a 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 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 release(s) within twenty-four (24) hours (unless otherwise stated herein or at the time of notification).
The Sweepstakes 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) a potential winner cannot be contacted, fails to respond to the notification or declines the prize; (c) a potential winner fails to provide signed affidavits or releases or any other required forms within the stated time period(s); (d) a 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) a potential winner declines the prize; (f) a potential winner cannot be verified or is deemed ineligible; (g) a potential winner is disqualified for any reason; (h) a potential winner is not available to participate in any applicable Sweepstakes event(s) that participation may be required to be considered eligible; or (i) a 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. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events. Alternate winner(s), if any, will be randomly selected from among all remaining eligible entries, as determined by Sponsor, in its sole discretion. 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(s) to another alternate(s) but if it is unable to do so, the prize(s) will be deemed unclaimed and Sponsor shall have no further liability, in connection with this Sweepstakes, to award unclaimed prizes.
·Sixteen (16) total Qualifier Prizes: One (1) $50.00 Kroger Gift Card.
·One (1) Grand Prize: a trip for two for the grand prize winner and one (1) eligible guest to attend the 2023 iHeartRadio Music Festival. The Grand Prize consists of:
-Round-trip domestic, coach air transportation for the winner and one (1) eligible guest from Bishop International Airport-Flint (via Allegiant Air) to Las Vegas;
-Three (3) nights’ hotel accommodations in one (1) double occupancy, standard hotel room (on the nights of Friday, September 22, 2023, Saturday, September 23, 2023 and Sunday, September 24, 2023) in Las Vegas, NV;
-Two (2) tickets to attend both nights of the 2023 iHeartRadio Music Festival at T-Mobile Arena in Las Vegas, NV on Friday, September 22, 2023 and Saturday, September 23, 2023.
Approximate Retail Value (“ARV”): $4,642.60
Prize provided by: Qualifier Prizes provided by Kroger. Grand Prize provided by Bishop International Airport (Flint, Michigan), Las Vegas Convention and Visitors Authority, and iHeartMedia + Entertainment, Inc.
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
5. PRIZE CONDITIONS. Limit one (1) Qualifier Prize per person/household. Prize(s) is subject to certain terms and conditions and restrictions may apply, as specified herein or as stated within the prize notification. Any difference between stated ARV and actual value of prize will not be awarded. A 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. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. The prize(s) may be fulfilled by a third party. The prize will only be awarded if properly claimed according to these Official Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are solely the responsibility of winner(s).
ADDITIONAL PRIZE CONDITIONS, AS APPLICABLE:
The prize winner and guest(s) must conduct themselves at all times in a socially responsible, respectful and appropriate manner. In the event a winner and/or their guest engages in behavior that (as determined by Sponsor or other applicable venue representative, in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip, prize or other applicable experience early, in whole or in part, and send winner and guest home with no further compensation.
FOR CONCERTS AND OTHER TICKETED EVENTS: Any other expenses or items not specifically listed, including but not limited to, transportation, accommodations, meals, parking and souvenirs, are the responsibility of winner and/or winner’s guest(s). If a guest(s) is a minor, the minor guest(s) must be accompanied by their parent or legal guardian. Tickets are subject to certain terms and conditions as set by issuer, which may include the winner can only redeem and use the tickets via a designated mobile ticketing app. In such case, the winner must have a valid email address and a mobile device capable of downloading and running the mobile ticketing app. Winner will be required to sign up for a free user account or log in to their account with the mobile ticketing app to access their tickets. Tickets must then be scanned from winner’s mobile device for entry into venue. Individuals who do not comply with the ticket terms and conditions will be disqualified and Sponsor shall have no further obligation to such persons. Seating locations (if any) are as solely determined by Sponsor. Lost or stolen tickets will not be replaced. If the ticketed event or any portion thereof is postponed, rained out, canceled, or for other reasons beyond Sponsor’s control does not occur, the Sponsor will not be responsible for replacing the ticketed portion of prize. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the venue operator, prize provider or any other persons providing any prize-related services. If travel delays, cancellations or difficulty prevent arrival in time for the event, the Sponsor is not responsible for awarding any compensation in lieu thereof. Tickets must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Winner agrees to accept all space availability requirements established by the venue. Winner and guest(s) must comply with all applicable laws, and any rules and regulations established by the venue. Winner agrees that acceptance of the prize is done so entirely upon their own initiative, risk, and responsibility.
HOTEL PRIZE CONDITIONS: If hotel is included in the prize package, the hotel room will consist of a double-occupancy, standard hotel room unless otherwise specified in the prize description as stated above or at the time of prize notification. Selection of hotel is solely within Sponsor’s discretion. Winner will be required to provide credit card prior to check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. Transportation, meals, gratuities, luggage fees, incidental hotel charges and any other expenses not specified herein are the sole responsibility of winner and guest(s). The Sponsor is not responsible for late, lost, damaged or stolen luggage.
TRIP PRIZE CONDITIONS: If airfare in included in the prize package, round-trip, coach class air transportation for winner and his/her guest(s) shall commence from a major commercial airport near winner’s home to the destination. Actual value of trip may vary based on point of departure and airfare fluctuations. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner and guest(s). Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the winner(s) is unavailable for travel on the designated dates, the specified or prize will be forfeited and may or may not be awarded to an alternate winner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and guest(s) must travel on same itinerary. IF THE WINNER IS ELIGIBLE, BUT A MINOR IN HIS/HER STATE OF RESIDENCE, THE GUEST MUST 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 GUEST IF THE WINNER IS THE MINOR’S PARENT OR LEGAL GUARDIAN. ALL MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN-FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR’S PARENT OR LEGAL GUARDIAN. Guest(s) must sign and return a travel release before any ticketing of travel occurs. Winner and guest(s) 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 winner does not have a valid US passport upon winning the 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 prize winner. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the winner at the time of notification. Winner and guest(s) will be required to complete and return the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their guest(s) 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 guest(s). Winner(s) and guest(s) are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. 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 federal taxes) and any and all other expenses not specifically mentioned herein are solely the responsibility of the winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. The Sponsor is not responsible for late, lost, damaged or stolen luggage. The Sponsor is not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All 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 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(s) 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, 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.
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (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 Sweepstakes; (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 Sweepstakes; (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 Sweepstakes; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (f) 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: (a) 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 (b) 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.
7. 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.
9. 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: (a) 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 (b) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 7 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.
10. 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, as applicable, 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.
11. 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 Official 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 Official 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.
12. 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.
13. 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.
14. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the 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 12 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.