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: Power 105.1’s Million Dollar Mix (the “Sweepstakes”)
Station: WWPR (collectively the “Stations”)
Station Address: 32 Avenue of the Americas, Floor 2, New York, NY 10013
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, please visit the office of the Station during normal business hours, send your request by mail at iHeartMedia + Entertainment, Inc. at 32 Avenue of the Americas, Floor 2, New York, NY 10013 or visit www.Power1051FM.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Power 105.1’s Million Dollar Mix Sweepstakes at 32 Avenue of the Americas, Floor 2, New York, NY 10013.
Sweepstakes and Contest Overview: There will be one (1) Power 105.1’s Million Dollar Mix Sweepstakes. It will be conducted in two (2) stages comprised of (i) a sweepstakes to select who will win the opportunity to participate in (ii) Million Dollar Playlist Winning List Contest with the potential to win one million (1,000,000).
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the states of New York, New Jersey, Connecticut and Pennsylvania residing within the following counties: Fairfield, CT; Bergen, NJ; Essex, NJ; Hudson, NJ; Hunterdon, NJ; Middlesex, NJ; Monmouth, NJ; Morris, NJ; Ocean, NJ; Passaic, NJ; Somerset, NJ; Sussex, NJ; Union, NJ; Warren, NJ; Bronx, NY; Dutchess, NY; Kings, NY; Nassau, NY; New York, NY; Orange, NY; Putnam, NY; Queens, NY; Richmond, NY; Rockland, NY; Suffolk, NY; Sullivan, NY; Ulster, NY; Westchester, NY; Pike, PA, and (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 states of New York, New Jersey, Connecticut and Pennsylvania (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 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.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
2.TIMING.Sweepstakes begins on Tuesday, October 27, 2020 at 11:00:00 a.m. ET and ends at 7:00:00 p.m. ET on Wednesday, November 25, 2020 (“Sweepstakes Period").The Sweepstakes Period includes twenty three (22) entry periods (each an “Entry Period”) comprised of five (5) or six (6) playtimes each day as set forth below:
1)Tuesday, October 27, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
2)Wednesday, October 28, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
3)Thursday, October 29, 2020: listen between 11:00am ET and 5:00pm ET/ 5 playtimes
4)Friday, October 30, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
5)Monday, November 2, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
6)Tuesday, November 3, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
7)Wednesday, November 4, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
8)Thursday, November 5, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
9)Friday, November 6, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
10)Monday, November 9, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
11)Tuesday, November 10, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
12)Wednesday, November 11, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
13)Thursday, November 12, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
14)Friday, November 13, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
15)Monday, November 16, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
16)Tuesday, November 17, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
17)Wednesday, November 18, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
18)Thursday, November 19, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
19)Friday, November 20, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
20)Monday, November 23, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
21)Tuesday, November 24, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
22)Wednesday, November 25, 2020: listen between 11:00am ET and 7:00pm ET/ 6 playtimes
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Entrant must be the selected caller and answer correctly to become a potential Contestant, subject to verification (each a “Contestant”).
On-Air Entry Method: Beginning Tuesday, October 27, 2020, listen to the participating Station on the designated weekdays between 11:00:00 am ET and 7:00:00 pm ET throughout the On-Air Entry Period for the cue to call in on “Power 105.1’s Million Dollar Mix” and be the selected caller to the Stations contests line for the designated Contest announced. Throughout the On-Air Entry Period, on each Entry Period Day (as listed above) a “sounder” or cue to call will be aired at various times along with a message instructing listeners to call for a chance to become a Potential Winner. The participating Stations may or may not choose to announce exact times the cues will be played.
The participant 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 Contestant. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the Contestant for that playtime. The designated caller will have one (1) chance to correctly identify the three (3) songs in the Mix guess. If the caller DOES correctly identify the three (3) songs in the Mix, the caller will be awarded the prize, consisting of $500 cash plus the Jackpot at the time of the contests round. In the event that the caller’s answer DID NOT correctly identify the three (3) songs, then the answer is considered wrong and the designated caller is not eligible to receive a prize and may not enter again until the next day. The first answer that the caller provides is deemed a valid entry. The designated caller will have only one (1) opportunity to correctly identify the three (3) songs. In the event the caller provides an answer that is incorrect and then immediately recants and/or provides another answer, which may or may not be the correct answer, the caller will not be provided credit for any answer beyond the initial answer given by the caller. For each designated caller that incorrectly identifies the three (3) songs in the Mix, there will be a $500 increase to the prize “jackpot” for the next round of the game until the correct answer is given. Deadline for entry is made at the time the cue to call has been announced and the designated caller has been taken. In the event there is a dispute over the answer being correct or in likeness of or close to the exact answer, the Station in its sole discretion shall have the final decision in determining its validity and if the answer provided is deemed “correct” and select the winner accordingly.
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.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail 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 e-mail 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 e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) 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 winner and/or Contestant must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3.CONTESTANT PRIZES/FINALIST SELECTION FOR THE MILLION DOLLAR PLAYLIST WINNING LIST CONTEST:
A maximum of up to one hundred and forty four (144) possible Contestants, subject to verification, will participate in a random drawing to select one (1) grand prize finalist (“Finalist”) for the Million Dollar Playlist Winning List Contest.
Contestants WILL receive a prize for being selected as a Contestant.
Contestant Notification: is deemed to have occurred immediately at the time of call-in.
Up to one hundred and forty four(144) Contestant Prizes:
Each correct answer winner will be considered a prize (“Prize”) and will receive a minimum of $500. Total prize amount is dependent upon the amount of the “jackpot” during the sweepstakes round, as listed above.
Prize will be issued in the form of a check. Check may take up to eight weeks to process after all completed winner forms are returned to the Station. Prize(s) provided by iHeartMedia + Entertainment, Inc.
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 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).
Odds of Winning: The odds of winning a prize depend on the number of eligible entries received.
One (1) $1,000,000 Prize Winning Potential Award provided by Million Dollar Media, per agreement with Sponsor, will take place at the conclusion of the Power 105.1’s Million Dollar Mix Sweepstakes.
The Sponsor shall conduct a random drawing from all eligible Contestants during the Sweepstakes Period to determine one (1) Grand Prize Finalist. Only the one (1) randomly selected Finalist will be eligible to participate in the $1,000,000 grand prize contest. All other Contestants are ineligible to participate in the grand prize contest.
Finalist Notification: Finalist will be notified within three (3) days of the last day of the grand prize Finalist drawing, via e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Finalist doesn't respond to Sponsor's notification within three (3) days of notification, an alternate Finalist will be selected. In the event that any one or more potential Finalists fail to respond as stated above such Finalists will be deemed to forfeit the prize and Sponsor will select an alternate Finalists from the remaining eligible Contestants.
WINNER SELECTION AND PRIZE:
Million Dollar Playlist Winning List Contest OFFICIAL RULES
Only the one (1) randomly selected Finalist will be eligible to participate in the $1,000,000 Grand Prize Contest.
Grand Prize Event: The selected Finalist must be present at the sponsor designated date, time and location in order to participate in the grand prize contest. If the Finalist fails to appear by the required deadline as determined by sponsor, the selected Finalist will be disqualified, and will be ineligible to participate or claim any prize. The disqualified Finalist will not receive any alternate prize attempts, prize substitution or compensation. Sponsor reserves the right in its sole discretion to change the date, time or location of the grand prize contest event.The selected Finalist will be notified of any changes at the time of their selection and/or notification, or will receive notification from sponsor prior to the scheduled grand prize event. Difficulties with getting to the Grand Prize Event to participate in the Grand Prize Event Contest are not the responsibility of Sponsor.The Finalist is solely responsible for any travel costs or expenses associated with attending the Grand Prize Event.
No proxies or "stand-ins" will be permitted.The Finalist must be present and checked in with the contest administrator at the event prior to the start of the contest by the designated check-in deadline.If the Finalist has not checked-in by the designated deadline prior to the start of the contest the Finalist be disqualified from the contest, and will receive no further opportunities to participate or prize substitution or compensation.
Grand Prize Contest:Prior to the grand prize event date, a list of (7) songs will be randomly arranged in a predetermined winning order by an independent promotions company (Million Dollar Media, LLC, the ‘Contest Administrator’) , and placed in a master sealed prize envelope.Each song in the list will be used a maximum of one time.The order of the predetermined winning list will be determined by the Contest Administrator.
The eligible Finalist will be provided with the list of (7) songs in a random or alphabetic order.The Finalist must submit an entry by placing each song in any order of their choice from 1 - 7.After the eligible Finalist has submitted their list to the Contest Administrator, the Contest Administrator will then open the master sealed prize envelope containing the predetermined winning list of songs, and reveal the winning order of (7) songs to the Finalist. In order for the grand prize to be awarded to the eligible Finalist, that Finalist must have submitted a list to the Contest Administrator that exactly matches the winning list in order from 1 - 7, as contained in the master sealed prize envelope present at the event.
The Contest Administrator will announce if the Finalist has submitted an entry that exactly matches the order of the predetermined winning list contained in the master sealed prize envelope.The Finalist will have a maximum of one opportunity to participate in the contest.All submitted entries must be fully complete and legible.Any incomplete or illegible entry, or any entry not submitted to the Contest Administrator by the stated deadline at the grand prize event will be ineligible and disqualified from the contest.
Prize Awards & Delivery:In the event the eligible Finalist has submitted a list to the Contest Administrator that exactly matches the predetermined winning list in order from 1 – 7 as contained in the master sealed prize envelope, the Finalist will be eligible to claim the grand prize subject to approval and verification of compliance with these official rules.The Grand Prize is:$1,000,000 40-year annuity, awarded in the form of $25,000 Cash per year for 40-years without interest.The initial prize award of $25,000 cash shall be awarded within approximately 30-days of receipt of all required prize acceptance paperwork, and each subsequent payment shall occur on or about the anniversary date of the first payment for 39-years.No current cash value of the annuity prize award will be available.
A maximum of one (1) grand prize will be awarded.If the eligible Finalist does not successfully complete the grand prize winning requirements, then the grand prizewill not be awarded.
Prize winner(s) will be required to complete and return a W-9 form or appropriate tax form (if prize value exceeds $600.00), affidavit of eligibility, and liability/publicity release (Tennessee residents need not sign publicity release), and present a valid driver’s license and social security card before prize will be awarded.Winners of prizes greater than $600.00 will be issued a 1099 form reflecting the value of the prize and are responsible for paying all income taxes on prize.
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, Finalist will not receive any other prize substitution or compensation.Total ARV of all prizes: $1,000,000 40-year annuity.
Odds:The odds of being selected as an official Finalist to attempt the contest are dependent upon the number of entries received. The odds of winning the contest once selected as an official Finalist are: 1:5,040.
Contest Administrator: This contest is administered by Million Dollar Media, 1460 Route 9 North, Suite 201, Woodbridge, NJ 07095.
Potential Sweepstakes winners are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that 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.
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, 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.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (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 a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
5.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.
7.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 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control.Upon awarding the prize, the Sponsor will have no further obligation to winner.
8.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.
9.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 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 failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
10.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.
11.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.
12.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 10 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.