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.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Sweepstakes: Jamaica Tourism Board, Royalton Blue Waters, Southwest Vacations Total Traffic and Weather Network Trip Giveaway (the “Sweepstakes”)
Participating Stations: See below list of stations (collectively the “Stations”)
Station Address: 233 North Michigan Ave, Chicago, IL 60601
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 or send your request by mail at iHeartMedia + Entertainment, Inc. at 233 North Michigan Ave, Chicago, IL 60601. Southwest Airlines Co. is not a sponsor, co-sponsor, or administrator of this Sweepstakes.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Jamaica Tourist Board Total Traffic and Weather Network Trip Giveaway - Sweepstakes: 233 North Michigan Ave, Chicago, IL 60601.
1. ELIGIBILITY: This Sweepstakes is open to all legal U.S. residents of the following states who are 21 years of age or older at the time of entry:
Texas residing within one of the following: (Dallas - counties: Anderson, TX; Bosque, TX; Collin, TX; Comanche, TX; Cooke, TX; Dallas, TX; Delta, TX; Denton, TX; Ellis, TX; Erath, TX; Fannin, TX; Freestone, TX; Hamilton, TX; Henderson, TX; Hill, TX; Hood, TX; Hopkins, TX; Hunt, TX; Jack, TX; Johnson, TX; Kaufman, TX; Lamar, TX; Navarro, TX; Palo Pinto, TX; Parker, TX; Rains, TX; Red River, TX; Rockwall, TX; Somervell, TX; Tarrant, TX; Van Zandt, TX; Wise, TX), (Houston – counties: Austin, TX; Brazoria, TX; Calhoun, TX; Chambers, TX; Colorado, TX; Fort Bend, TX; Galveston, TX; Grimes, TX; Harris, TX; Jackson, TX; Liberty, TX; Matagorda, TX; Montgomery, TX; Polk, TX; San Jacinto, TX; Trinity, TX; Walker, TX; Waller, TX; Washington, TX; Wharton, TX; );
Colorado, Nebraska and Wyoming residing within one of the following counties: Adams, CO; Alamosa, CO; Arapahoe, CO; Archuleta, CO; Boulder, CO; Broomfield, CO; Chaffee, CO; Cheyenne, CO; Clear Creek, CO; Conejos, CO; Costilla, CO; Delta, CO; Denver, CO; Dolores, CO; Douglas, CO; Eagle, CO; Elbert, CO; Garfield, CO; Gilpin, CO; Grand, CO; Gunnison, CO; Hinsdale, CO; Jackson, CO; Jefferson, CO; Kit Carson, CO; Lake, CO; Larimer, CO; Lincoln, CO; Logan, CO; Mineral, CO; Moffat, CO; Morgan, CO; Ouray, CO; Park, CO; Phillips, CO; Pitkin, CO; Prowers, CO; Rio Blanco, CO; Rio Grande, CO; Routt, CO; Saguache, CO; San Juan, CO; San Miguel, CO; Sedgwick, CO; Summit, CO; Washington, CO; Weld, CO; Yuma, CO; Arthur, NE; Banner, NE; Box Butte, NE; Cheyenne, NE; Dawes, NE; Deuel, NE; Dundy, NE; Garden, NE; Grant, NE; Hooker, NE; Keith, NE; Kimball, NE; Morrill, NE; Sheridan, NE; Sioux, NE; Albany, WY; Campbell, WY; Carbon, WY; Johnson, WY; Niobrara, WY; Platte, WY;
Tennessee residing within one of the following counties: Allen, KY; Christian, KY; Clinton, KY; Cumberland, KY; Logan, KY; Monroe, KY; Simpson, KY; Todd, KY; Trigg, KY; Bedford, TN; Benton, TN; Cannon, TN; Cheatham, TN; Clay, TN; Coffee, TN; Davidson, TN; De Kalb, TN; Decatur, TN; Dickson, TN; Franklin, TN; Giles, TN; Henry, TN; Hickman, TN; Houston, TN; Humphreys, TN; Jackson, TN; Lawrence, TN; Lewis, TN; Macon, TN; Marshall, TN; Maury, TN; Montgomery, TN; Moore, TN; Overton, TN; Perry, TN; Pickett, TN; Putnam, TN; Robertson, TN; Rutherford, TN; Smith, TN; Stewart, TN; Sumner, TN; Trousdale, TN; Van Buren, TN; Warren, TN; Wayne, TN; White, TN; Williamson, TN; Wilson, TN; and
Florida residing within one of the following counties: Brevard, FL; Flagler, FL; Lake, FL; Marion, FL; Orange, FL; Osceola, FL; Seminole, FL; Sumter, FL; Volusia, FL;
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, Southwest Airlines Co., 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.
Void outside Texas, Colorado, Nebraska, Wyoming, Tennessee or Florida and where prohibited by law.
The Sweepstakes is divided into two (2) entry periods (each an Entry Period”) as indicated below. Entries must be received by the dates listed below (as applicable) to be included in the corresponding Entry Period. The Sponsor’s computer is the official timekeeping device.
WEBSITE: Start/End Date (12:00 a.m. Mountain Time (MT) to 11:59 p.m. MT):
Denver: KBCO-FM, KOA-AM, KRFX-FM and KTCL-FM
- May 14, 2018 – May 20, 2018
WEBSITE: Start/End Date (12:00 a.m. ET to 11:59 p.m. ET):
Dallas: KDMX-FM, KEGL-FM, KHKS-FM, KZPS-FM
Houston: KODA-FM, KQBT-FM, KTBZ-FM, KTRH-AM
Nashville: WLAC-AM, WNRQ-FM, WRVW-FM, WSIX-FM and WUBT-FM
Orlando: WFLF-AM, WJRR-FM, WMGF-FM, WRUM-FM, WTKS-F2, WTKS-FM, WXXL-FM and WYGM-AM
- May 23, 2018 – May 30, 2018
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER:
- WEBSITE: During the Sweepstakes Period, visit the participating Station’s website (https://kbco.iheart.com/, https://koanewsradio.iheart.com/, https://thefox.iheart.com/, https://ktcl.iheart.com/, https://1029now.iheart.com/, https://kegl.iheart.com/, https://1061kissfm.iheart.com/, https://lonestar925.iheart.com/, https://sunny99.iheart.com/, https://937thebeathouston.iheart.com/, https://thebuzz.iheart.com/, https://ktrh.iheart.com/, https://wlac.iheart.com/, https://1059therock.iheart.com/, https://1075theriver.iheart.com/, https://thebig98.iheart.com/, https://1011thebeat.iheart.com/, https://1025wfla.iheart.com/, https://wjrr.iheart.com/, https://magic107.iheart.com/, https://rumba100.iheart.com/, https://1045thebeat.iheart.com/, https://realradio.iheart.com/, https://xl1067.iheart.com/, https://969thegame.iheart.com/, https://1035kissfm.iheart.com) and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, address, date of birth, and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes. Limit: One (1) entry per person/email address/household during the Sweepstakes Period. Entries must contain all information requested to be valid.
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 finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3. WINNER SELECTION.
On or about May 31, 2018, the Sponsor will randomly select one (1) grand prize winner from among all eligible entries collectively received during the Sweepstakes Period.
Potential Sweepstakes winner(s) is 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.
The potential winner will be notified by phone at the phone number provided during registration. THE SPONSOR WILL CALL THE POTENTIAL WINNER THREE (3) TIMES WITHIN ONE (1) HOUR. THE POTENTIAL WINNER MUST ANSWER ONE OF THE CALLS. IF THE POTENTIAL WINNER DOES NOT PICK UP ONE OF THE CALLS WITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. Sponsor is not obligated to and will not leave a voicemail or other message when contacting the potential winner. Notification is deemed to have occurred immediately upon placing of a phone call. 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 efforts to notify a finalist and/or potential winner(s). If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.
- 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. 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.
There will be one (1) prize (“Prize”) awarded. The prize winner (“Winner”) will receive a four (4) night trip for Winner and one (1) eligible guest (“Guest”) to Royalton Blue Waters in Jamaica. (“Trip”).
Trip will include:
- Round trip air travel on Southwest Airlines® for Winner and one (1) eligible Guest from the closest major U.S. airport to Winner’s home served by Southwest airlines (as determined by Jamaica Tourist Board in their sole discretion) to Sangster International Airport in Montego Bay, Jamaica (MBJ); (subject to Air Travel Restrictions set forth below)
- All-inclusive double accommodations for four (4) consecutive nights in one (1) room for two (2) people at Royalton Blue Waters (“Hotel”).
Approximate retail value ("ARV") of prize if $3,200. ARV is as of the date of printing of these Official Rules. The different in value of prize as stated herin and value at time of prize notification, if any, will not be awarded.
Prize provided by: Jamaica Tourism Board, Royalton Blue Waters, and Southwest Vacations
Air Travel Restrictions: Air travel is subject to Southwest Airlines terms and conditions; certain restrictions may apply. Round trip travel for two (2) on Southwest Airlines will be awarded in the form of four (4) Southwest flight e-passes. Each Southwest flight e-pass is valid for one-way travel on Southwest Airlines-operated, published, scheduled service. The Southwest flight e-pass will bear the date of issue and the date of expiration. Expiration dates will not be extended, and travel must be completed on or before the expiration date. The Southwest flight e-pass is not valid on interline or codeshare service. The Southwest flight e-pass is non-refundable and is not redeemable for cash or credit. The Southwest flight e-pass will not be replaced for any reason, including, without limitation, if lost, stolen, or fraudulently used. The Southwest flight e-pass is non-transferrable and cannot be sold to a third party. Sale, auction, or re-tendering of the Southwest flight e-pass for money or otherwise is strictly prohibited. The Southwest flight e-pass may not be used for promotional purposes unless previously approved by Southwest Airlines. Any suspected fraud, misrepresentation, misuse, abuse or violation of the Southwest flight e-pass rules and regulations may result in cancellation of the Southwest flight e-pass(es). Southwest flight e-pass holders are required to be nineteen (19) years of age or older and a legal U.S. resident. However, the recipient of a Southwest flight e-pass may arrange travel for another person if done without selling or bartering this Southwest flight e-pass. Air transportation by Southwest Airlines is subject to Southwest Airlines' Passenger Contract of Carriage set out at https://www.southwest.com/contractofcarriage. If the winner does not live in a city served by Southwest Airlines, he/she is responsible for transportation to and from the nearest airport served by Southwest Airlines. Winner is responsible for booking all travel. Travel is based on seat availability. Seats on any desired flight are not guaranteed. Winner and guest must travel on the same itinerary and are responsible for obtaining all required travel documents. If the travel guest is a minor, winner must be his/her parent/guardian, or be accompanied by his/her parent/guardian. Air travel does not include taxes and fees of at least $5.60 per one-way flight.
To Claim Prize: Prizes will not be mailed. Winners of all prizes will be instructed to visit the offices of the Station to claim their prize. Winners must claim their prize within thirty (30) days of winning. Failure to do so will result in winner forfeiting the prize. Prizes may only be claimed by the actual winner. Friends and family members are not eligible to claim the prize on behalf of the winner. Winners must provide valid identification (i.e. via driver’s license, passport or other government-issued photo identification) to claim their prize. Identification documents must match information previously provided to the Station. In the event any winner is found to be in violation of these Official Rules or is otherwise determined by the Station in its sole discretion to be ineligible, he/she may be required to forfeit the prize if such a violation is found after the prize has been used by the winner. 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 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.
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 the prize depend on the number of eligible entries received.
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 (5) 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.
6. 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.
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 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.
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 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.
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 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.
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 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.
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 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.
13. 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 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.
Appendix – A
List of participating Stations: