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 AN ENTRANT’S CHANCES OF WINNING. MULTIPLE ENTRY DEADLINES APPLY.
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.
EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN RESPONSE TO YOUR ENTRY. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION 2 BELOW.
Sweepstakes Name: Z93 Destination Harley (the “Sweepstakes”)
Station: WBWZ-FM (the “Station”)
Station Address: 20 Tucker Drive, Poughkeepsie, NY 12603
Telephone: (845) 471-2300
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 20 Tucker Drive, Poughkeepsie, NY 12603.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Z93 Destination Harley at 20 Tucker Drive, Poughkeepsie, NY 12603.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the states of Connecticut, New Jersey, New York and Pennsylvania residing within one of 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; (ii) who are 21 years of age or older at the time of entry; and (iii) must have a valid driver’s license.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the states of Connecticut, New Jersey, New York 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 July 19, 2018 at 3:00:00 p.m. ET and ends at 11:59:59 p.m. ET on September 20, 2018 (“Sweepstakes Period”).
The Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes. Non-winning entries WILL NOT carry over into subsequent Entry Period drawings.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
How to enter the First Round Finalist Drawing:
Ninety-Three (93) entrants will be randomly selected as finalists to participate in the Grand Prize Event, subject to verification (each a “Finalist”). All finalists will be required to attend the grand prize event on September 22, 2018 from 12:00pm ET to 2:00 pm ET at Moroney’s Harley-Davidson (located at 833 Union Ave, New Windsor, NY 12553) to remain eligible for a chance to win the grand prize.
All entries must be received no later than end time/date of the entry period for the applicable Entry to be valid.
Enter one of two ways:
TEXT SOUNDER: begins on July 19, 2018 at 3:00:00 p.m. ET and ends at 11:59:59 p.m. ET on September 20, 2018
Throughout the Sweepstakes Period a “sounder” or cue to play will be aired at various times between 10:00:00 a.m. and 11:50:50 p.m. ET along with a message instructing listeners to text the keyword within a specific period of time (playtime) to enter for a chance to become a winner. Listen to the participating stations for details on specific times to play. There will be a total of five (5) randomly scheduled playtimes each day during the Sweepstakes Period. Then, text the keyword ‘Harley’ to 33103 to enter for a chance to become a winner. You will receive at least one (1) autodialed text message in response to your entry, Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to 33130. To STOP, text “STOP” to 33103 to cancel. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
TEXT - POINT OF SALE: begins July 19, 2018 at 3:00:00pm ET or the open time, whichever is later to 11:59:59pm ET or close time, which is earlier.
Throughout the Entry Period, text the official KEYWORD, found in store on point of sale cardboard signs, packaging material or other Official Entry Keyword Communication on Sweepstakes related advertising materials at participating retailer locations (during store hours). You may text the KEYWORD “Harley” to 33103 to enter for a chance to become a winner. You will receive at least one (1) autodialed text message in response to your entry, Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to 33103. To STOP, text “STOP” to 33103 to cancel. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
ALTERNATE METHOD OF ENTRY (AMOE), to enter the Sweepstakes without sending a text message, you may register by logging onto the station’s websites at: www.z93hv.com and follow the Sweepstakes links to enter by completing the online registration for the Sweepstakes. You may also find the registration page by using the keyword ‘CONTEST’ on the station’s website. All entries received online must be received within the same registration period for the designated playtime. Any entry received or made either by text or online after the official registration period will not be valid and will not be deemed eligible. Deadline for registration is: September 20, 2018 at 11:59:59pm ET. Valid Sweepstakes entries must contain all information requested and must be received by the Website’s administrator on or before the deadline for registration.
Regardless of what method of entry is used, there is a limit of one (1) entry per person/mobile phone number and/or verified email address per day for the duration of the Entry Period. Incomplete and/or invalid or duplicate entries will be disqualified.
Entries must contain all information requested and comply with all any applicable restrictions or requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them in connection with the Sweepstakes, via phone or text message, at the telephone number from which the text message 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) 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 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. 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. The Sponsor assumes no responsibility for entrants not making timely texts to the Sponsor. The Sponsor assumes no responsibility for entrants not receiving the short code as a result of the delays or issues in the Internet stream or otherwise.
Entry by sending a text message will not improve your chance of winning. Text message entries must meet all requirements set forth herein in order to be eligible. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Sponsor makes no guarantee that any particular wireless service provider will participate. To enter by text, the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability. Wireless service providers may charge entrants for each text message, including any error message that is sent and received in connection with the Sweepstakes, based on the applicable wireless service pricing plan. By texting to enter, the entrant grants permission to the Sponsor to notify them via a return text messages relating to the Sweepstakes and must agree to accept all applicable charges associated therewith. Entrant is responsible for all applicable fees and taxes associated with placing a text message entry. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the short code is not considered proof of delivery to, or receipt by, Sponsor of such entry. Entrants are restricted to the use of ordinary telephone equipment. The Sponsor disclaims all liability for the inability of a entrant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. By participating in a Sweepstakes in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Sponsor nor Station guarantee, nor shall either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Sweepstakes may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Sponsor, through its third party text messaging administrators, will store all messages received on its system, and will send entrants reply texts relating to the Sweepstakes throughout the Sweepstakes Period and up to 60 days. The Sponsor is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsor may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if that entry's source and sender cannot be reasonably determined. BY TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA ONE (1) RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE AT LEAST ONE (1) TEXT MESSAGE IN RESPONSE TO THE ORIGINAL SUBMISSION.
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. FINALIST DRAWING/SELECTION:
On or about the dates set forth below, Sponsor will randomly select the corresponding number of entries from among all eligible entries received by each Entry Method during the applicable Entry Period:
- Text/AMOE: The Sponsor will randomly select Ninety-Three (93) Finalists on September 21, 2018.
Each Finalist must be available to attend, participate in, and be eligible for the Grand Prize Event held on September 22, 2018 from 12:00 pm ET to 2:00 pm ET at Moroney’s Harley-Davidson (located at 833 Union Ave, New Windsor, NY 12553). 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 Finalist. The Sponsor reserves, at its sole discretion, the right to choose an alternate Finalist in the event that that a Finalist has been disqualified or is deemed ineligible for any reason.
Finalists will be notified as follows:
- Text to Win Finalists will be notified via phone at the time of their qualifying call in.
Finalists WILL NOT receive any prize for being selected as a Finalist.
It is anticipated that there will be a total of ninety-three (93) Finalists, but this number could change based on various factors such as a Finalist being deemed ineligible or unable to attend the Grand Prize drawing.
Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Sponsor may use to contact the Finalists and/or a potential winner. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sponsor is not obligated to leave voice mail, answering machine, or other message. 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 winners.
4. GRAND PRIZE EVENT: Only verified and qualified Finalists may participate in the Grand Prize Event. A total of up to 93 Finalists will participate in the Grand Prize Event, held on September 22, 2018 from 12:00 pm ET to 2:00 pm ET at Moroney’s Harley-Davidson (located at 833 Union Ave, New Windsor, NY 12553). Upon arrival to the Grand Prize Event, and before 12:50:00 pm ET, all Finalists will be required to check in with Station representatives and register to be eligible to participate in the Grand Prize Event. If, for any reason, any Finalist does not arrive to the Grand Prize Event and check in and register before 12:50:00 pm ET, such Finalist may be deemed ineligible and may be disqualified, in the Sponsor’s sole discretion. Finalist must be present to win, no stand-ins or substitutions will be permitted. Time of the Grand Prize event is subject to change.
Winner Selection: There will be one (1) Sweepstakes winner randomly selected from among all Finalists at the Grand Prize Event. The winner will be selected as follows: at the time of check in, each Finalist will be assigned a random number that will have corresponding numbered ballot, which will be placed in a drawing bowl. At approximately 1:30:00 pm ET, at the Grand Prize Event, the Sponsor will conduct a reverse drawing to determine the Grand Prize Winner. As each numbered ballot is randomly selected, the Finalist with the corresponding number will be eliminated from the Grand Prize Event and the Sweepstakes. This reverse random drawing will continue until there is one finalist remaining. The one (1) remaining finalist will be declared the Grand Prize Winner, subject to verification. If the potential winner is disqualified, the Sponsor reserves the right to determine an alternate winner by conducting a random drawing from among all eligible Finalists still in attendance at the Grand Prize Event, who will also be subject to verification.
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 in person at the conclusion of the event. Notification is deemed to have occurred immediately at the conclusion of the event. 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.
ONE (1) GRAND PRIZE:
A 2018 Harley - Davidson® Sportster® - Iron 1200™. Winner will receive the actual A 2018 Harley - Davidson® Sportster® - Iron 1200™. driven display motorcycle with existing mileage. Winner must hold a valid Connecticut, New Jersey, New York or Pennsylvania Driver’s License and proof of insurance. Prizes are not transferable or exchangeable for any other prize.
Approximate Retail Value (“ARV”): $9,999
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).
All prizes provided by: Moroney's Harley-Davidson
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
Winner is responsible for any expenses associated with the vehicle, including, but not limited to: registration, tax, title, license fees, insurance, extended warranties and all other costs incurred in claiming, registering or using the vehicle. Winner is also responsible for all costs associated with any optional accessories ordered by the winner. Winner must take delivery and must take possession of the Grand Prize no later than thirty (30) days after receiving notice that the vehicle is ready to be claimed. Failure of the winner to take possession within such time will result in disqualification. Winner must provide evidence of insurance and a valid driver’s license prior to taking delivery of the vehicle. All taxes, upgrades and any other expenses not specifically identified in these Official Rules as included in a prize are the responsibility of each winner. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose.
Grand Prize winner may not substitute, exchange, or apply the vehicle’s value towards a higher cost or alternate vehicle. Designated vehicle must be the Sponsor designated vehicle that is currently in designated dealer’s stock of inventory. Station reserves the right to award an alternate year model (i.e. 2017), if the 2018 Harley - Davidson® Sportster® - Iron 1200™. model is not available at the time of prize award. If the designated prize MSRP is under the stated value, the winner will not be awarded the difference between the actual MSRP and stated value. Grand Prize winner is responsible for paying any and all sales tax on prize award at time of delivery, estimated cost and fees may vary depending on the state and county in which the vehicle is awarded. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner.
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.
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: (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.
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 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 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.
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 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 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.
ALL TRADEMAKES, 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 AFFLICATION OR ENDORSEMENT