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.
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: Junk in the Trunk (the “Sweepstakes”)
Station: WTZB- FM/ Z105 (the “Station”)
Station Address: 1779 Independence Blvd , Sarasota,FL 34234
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 to iHeartMedia + Entertainment, Inc. at 1779 Independence Blvd , Sarasota,FL 34234 or visit the website Z105.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Junk in the Trunk Sweepstakes at 1779 Independence Blvd , Sarasota,FL 34234
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Florida residing within the following counties: Sarasota, Manatee and Charlotte counties, 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 state of Florida (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.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
2. TIMING: The Sweepstakes begins on Thursday, May 7, 2020 at 5:00:00 p.m. ET and ends at 6:00:00 p.m. ET on Friday, August 21, 2020 (“Sweepstakes Period”). The Sweepsakes Period incudes seventy- seven (77) entry periods days comprised of one (1) playtimes each day (each an “Entry Period”) as set forth below:
Sweepstakes Entry Period
Start Date at 5:00 p.m. ET
End Date at 6:00:00 p.m. ET
Number of Playtime(s)
Approximate Winner Notification Date 1 May 7, 2020 May 7, 2020 1 May 7, 2020 2 May 8, 2020 May 8, 2020 1 May 8, 2020 3 May 11, 2020 May 11, 2020 1 May 11, 2020 4 May 12, 2020 May 12, 2020 1 May 12, 2020 5 May 13, 2020 May 13, 2020 1 May 13, 2020 6 May 14, 2020 May 14, 2020 1 May 14, 2020 7 May 15, 2020 May 15, 2020 1 May 15, 2020 8 May 18, 2020 May 18, 2020 1 May 18, 2020 9 May 19, 2020 May 19, 2020 1 May 19, 2020 10 May 20, 2020 May 20, 2020 1 May 20, 2020 11 May 21, 2020 May 21, 2020 1 May 21, 2020 12 May 22, 2020 May 22, 2020 1 May 22, 2020 13 May 25, 2020 May 25, 2020 1 May 25, 2020 14 May 26, 2020 May 26, 2020 1 May 26, 2020 15 May 27, 2020 May 27, 2020 1 May 27, 2020 16 May 28, 2020 May 28, 2020 1 May 28, 2020 17 May 29, 2020 May 29, 2020 1 May 29, 2020 18 June 1, 2020 June 1, 2020 1 June 1, 2020 19 June 2, 2020 June 2, 2020 1 June 2, 2020 20 June 3, 2020 June 3, 2020 1 June 3, 2020 21 June 4, 2020 June 4, 2020 1 June 4, 2020 22 June 5, 2020 June 5, 2020 1 June 5, 2020 23 June 8, 2020 June 8, 2020 1 June 8, 2020 24 June 9, 2020 June 9, 2020 1 June 9, 2020 25 June 10, 2020 June 10, 2020 1 June 10, 2020 26 June 11, 2020 June 11, 2020 1 June 11, 2020 27 June 12, 2020 June 12, 2020 1 June 12, 2020 28 June 15, 2020 June 15, 2020 1 June 15, 2020 29 June 16, 2020 June 16, 2020 1 June 16, 2020 30 June 17, 2020 June 17, 2020 1 June 17, 2020 31 June 18, 2020 June 18, 2020 1 June 18, 2020 32 June 19, 2020 June 19, 2020 1 June 19, 2020 33 June 22, 2020 June 22, 2020 1 June 22, 2020 34 June 23, 2020 June 23, 2020 1 June 23, 2020 35 June 24, 2020 June 24, 2020 1 June 24, 2020 36 June 25, 2020 June 25, 2020 1 June 25, 2020 37 June 26, 2020 June 26, 2020 1 June 26, 2020 38 June 29, 2020 June 29, 2020 1 June 29, 2020 39 June 30, 2020 June 30, 2020 1 June 30, 2020 40 July 1, 2020 July 1, 2020 1 July 1, 2020 41 July 2, 2020 July 2, 2020 1 July 2, 2020 42 July 3, 2020 July 3, 2020 1 July 3, 2020 43 July 6, 2020 July 6, 2020 1 July 6, 2020 44 July 7, 2020 July 7, 2020 1 July 7, 2020 45 July 8, 2020 July 8, 2020 1 July 8, 2020 46 July 9, 2020 July 9, 2020 1 July 9, 2020 47 July 10, 2020 July 10, 2020 1 July 10, 2020 48 July 13, 2020 July 13, 2020 1 July 13, 2020 49 July 14, 2020 July 14, 2020 1 July 14, 2020 50 July 15, 2020 July 15, 2020 1 July 15, 2020 51 July 16, 2020 July 16, 2020 1 July 16, 2020 52 July 17, 2020 July 17, 2020 1 July 17, 2020 53 July 20, 2020 July 20, 2020 1 July 20, 2020 54 July 21, 2020 July 21, 2020 1 July 21, 2020 55 July 22, 2020 July 22, 2020 1 July 22, 2020 56 July 23, 2020 July 23, 2020 1 July 23, 2020
57 July 24, 2020 July 24, 2020 1 July 24, 2020 58 July 27, 2020 July 27, 2020 1 July 27, 2020 59 July 28, 2020 July 28, 2020 1 July 28, 2020 60 July 29, 2020 July 29, 2020 1 July 29, 2020 61 July 30, 2020 July 30, 2020 1 July 30, 2020 62 July 31, 2020 July 31, 2020 1 July 31, 2020 63 August 3, 2020 August 3, 2020 1 August 3, 2020 64 August 4, 2020 August 4, 2020 1 August 4, 2020 65 August 5, 2020 August 5, 2020 1 August 5, 2020 66 August 6, 2020 August 6, 2020 1 August 6, 2020 67 August 7, 2020 August 7, 2020 1 August 7, 2020 68 August 10, 2020 August 10, 2020 1 August 10, 2020 69 August 11, 2020 August 11, 2020 1 August 11, 2020 70 August 12, 2020 August 12, 2020 1 August 12, 2020 71 August 13, 2020 August 13, 2020 1 August 13, 2020 72 August 14, 2020 August 14, 2020 1 August 14, 2020 73 August 17, 2020 August 17, 2020 1 August 17, 2020 74 August 18, 2020 August 18, 2020 1 August 18, 2020 75 August 19, 2020 August 19, 2020 1 August 19, 2020 76 August 20, 2020 August 20, 2020 1 August 20, 2020 77 August 21, 2020 August 21, 2020 1 August 21, 2020
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Throughout the Sweepstakes Period each day, a “sounder” or cue to play will be aired at various times 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 station(s) for details on specific times to play. There will be a total of one (1) randomly scheduled playtime each day during the Sweepstakes as shown above.
1) Text: Throughout the Entry Period each day, you may text the KEYWORD “Norm” to 59570 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 59570. To STOP, text “STOP” to 59570 to cancel. Individuals who enter by textmessaging 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.
2) Website - ALTERNATE METHOD OF ENTRY (“AMOE”): To enter the Sweepstakes without sending a text message, visit www.z105.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, date of birth, and/or any other information requested by the Sponsor). You may also find the registration page by using the keyword ‘contest’ on the station’s website. All entries received online must be received during the Sweepstakes Period. Any entry received or made either by text or online after the Sweepstakes Period will not be valid and will not be deemed eligible.
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 Sweepstakes 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 Entry 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.
3. WINNER SELECTION. There will be a total of seventy-seven (77) potential winners for the entire Sweepstakes Period, one (1) winner per day (Section 2 above). Odds of winning a prize depend on the number of eligible Entries received.
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.
Winner Notification: Winner will be notified within Twenty-four (24) hours of the Sweepstakes drawing, via email, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within Thirty (30) days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form 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.
Seventy Seven (77) GRAND PRIZES:
GRAND PRIZE DESCRIPTION: Each Grand Prize Winner will receive Z105 prize pack including: T-shirt, backpack, koozies and stickers
Approximate Retail Value (“ARV”) per Grand Prize: $20.00
ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
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: iHeartMedia + Entertainment, Inc.
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 (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.
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