OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. MULTIPLE ENTRY DEADLINES APPLY.
Sweepstakes Name: Diamond Dive (the “Sweepstakes”)
Participating Stations: KSME-FM (collectively the “Stations”)
Station Address: 4270 Byrd Drive, Loveland CO 80538
Telephone: 970-461-2560
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”).Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours, send your request by mail at iHeartMedia + Entertainment, Inc. at 4270 Byrd Drive, Loveland CO 80538 or visit the website www.kissfmcolorado.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Diamond Dive Sweepstakes at 4270 Byrd Drive, Loveland CO 80538.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Colorado or Wyoming residing within the following counties: Weld, CO; Larimer, CO; Boulder, CO; Jackson, CO; Grand, CO; Gilpin, CO; Clear Creek, CO; Jefferson, CO; Denver, CO; Arapahoe, CO; Adams, CO; Morgan, CO; Logan, CO; Laramie, WY; Albany, WY; Carbon, WY; Platte, WY; Goshen, WY;, and (ii) who are 18 years of age or older at the time of entry.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the states of Colorado and Wyoming (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 Per Station: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:Sweepstakes begins on Monday, January 27, 2020 at 4:00:00 p.m. MT and ends at 3:00:00 p.m. MT on Saturday, February 15, 2020 (“Sweepstakes Period") and will be divided into three (3) entry periods (each an “Entry Period”) as set forth below.All finalists will be required to attend the grand prize event on Saturday, February 15, 2020 from 1:00:00 pm MT to 3:00:00 pm MTat the Greeley Mall Center Court (located at 2050 Greeley Mall, Greeley, CO 80631) to remain eligible for a chance to win the grand prize.
(1)ON-AIR:Start/End Date (January 27, 2020 at 4:00:00pm MT to February 12, 2020 at 4:30:00pm MT):
1.January 27, 2020 / 1 playtimes per day
2.January 28, 2020 / 1 playtimes per day
3.January 29, 2020 / 1 playtimes per day
4.January 30, 2020 / 1 playtimes per day
5.January 31, 2020 / 1 playtimes per day
6.February 1, 2020 / 1 playtimes per day
7.February 2, 2020 / 1 playtimes per day
8.February 3, 2020 / 1 playtimes per day
9.February 4, 2020 / 1 playtimes per day
10.February 5, 2020 / 1 playtimes per day
11.February 6, 2020 / 1 playtimes per day
12.February 7, 2020 / 1 playtimes per day
13.February 8, 2020 / 1 playtimes per day
14.February 9, 2020 / 1 playtimes per day
15.February 10, 2020 / 1 playtimes per day
16.February 11, 2020 / 1 playtimes per day
17.February 12, 2020 / 1 playtimes per day
(2)REGISTER ONSITE: At the Greeley Mall Center Court (prior to event date) :Start/End Date (10:00:00am MT to 12:00:00pm MT):
January 27, 2020 – February 14, 2020
(3)REGISTER ONSITE (at event) :Start/End Date (1:00:00pm MT to 2:00:00pm MT):
February 15, 2020
The Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.Non-winning entries WILL NOT carry over into subsequent Entry Period drawings.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER:
Ninety-six (96) entrants will be selected as finalists via the contest entry periods to participate in the grand prize drawing (“Grand Prize Drawing”), subject to verification (each a “Finalist”).There are three (3) ways to enter the First Round Finalist Drawings for the opportunity to become a Finalist (each an “Entry Method”) as follows:
All entries must be received no later than end time/date of the entry period for the applicable Entry to be valid.
(1)On-Air Entry Method: Beginning January 27, 2020, listen to the participating Station weekdays between 4:00:00 p.m. MT and 4:30:00 p.m. MT for the “cue” to call in and be the selected callerto the designated Sweepstakes announced.Throughout the On-Air Entry Period, each Entry Period (as listed above) a “sounder” or cue to call will be aired at various times along with a message instructing listeners to call for a chance to become a potential grand prize winner.
The participating Stations may or may not choose to announce exact times the cues will be played.
The participant must be the designated caller, from all callers calling-in from participating Stations, to the designated Station’s contest line; the designated caller, if eligible, will be declared a potential grand prize winner. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as a potential grand prize winner for that playtime. Listen to the Station for details on specific times to play. The dates and times of station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating stations, at their sole discretion may or may not choose to air all playtimes due to programming obligations and other factors.
The Sponsor assumes no responsibility for entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
(2)REGISTER AT REMOTE LOCATION (GREELEY MALL):Start/End Date (10:00:00am MT to 12:00:00pm MT) at 2050 Greeley Mall, Greeley, CO 80631.
1.January 27, 2020
2.January 28, 2020
3.January 29, 2020
4.January 30, 2020
5.January 31, 2020
6.February 1, 2020
7.February 2, 2020
8.February 3, 2020
9.February 4, 2020
10.February 5, 2020
11.February 6, 2020
12.February 7, 2020
13.February 8, 2020
14.February 9, 2020
15.February 10, 2020
16.February 11, 2020
17.February 12, 2020
18.February 13, 2020
19.February 14, 2020
(3)REGISTER AT LIVE REMOTE:Start/End Date (1:00:00pm MT to 2:00:00pm MT) at 2050 Greeley Mall, Greeley, CO 80631.
1.February 15, 2020
LIMIT: ONE (1) ENTRY PER PERSON AND EMAIL FOR A TOTAL OF ONE (1) ENTRY FOR THE ENTIRE SWEEPSTAKES.
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 must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3.FINALISTS 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:
(1)On-Air:Two (2) from each weekday during the on-air entry period for a total of thirty-four (34).See section 2.
(2)On-Site: Sixty-two (62) from the total collected and valid entries at the Greeley Mall.
Finalists will be notified as follows:
·On-Air Finalists will be notified on air at the time of their qualifying call in.
·On-Site Finalists will be called with the number on their entry form to be notified that they have been named a finalist.
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. 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.
Each Finalist must be available to attend, participate in, and be eligible for the Grand Prize Event held on February 15, 2020 from 1:00:00 pm MT to 3:00:00 pm MT at the Greeley Mall Center Court (located at 2050 Greeley Mall, Greeley, CO 80631).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.
It is anticipated that there will be a total of ninety-six (96) 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.
4.GRAND PRIZE EVENT:Only verified and qualified Finalists may participate in the Grand Prize Event. A total of up to Ninety-Six (96) Finalistswill participate in the Grand Prize Event, held on February 15, 2020 from 1:00:00 pm MT to 3:00:00 pm MT at the Greeley Mall Center Court (located at 2050 Greeley Mall, Greeley, CO 80631).Upon arrival to the Grand Prize Event, and before 2:00:00 pm MT, 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 between 1:00:00 pm MT and 2:00:00 pm MT, 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: Whichever contestant finds the ring first inside of the cake will win the grand prize.If a grand prize winner is disqualified, the Sponsor reserves the right to determine an alternate winner by conducting a random drawing.
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.
Notification is deemed to have occurred immediately in person upon being declared a grand prize winner. 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.If the potential winner declines to accept the prize to be awarded, the potential winner forfeits his/her prize and theSponsor reserves the right to determine an alternate winner in accordance with these Official Rules.
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.
4.PRIZE(S).
One (1) Grand Prize:
One (1) diamond ring. Prizes are not transferable or exchangeable for any other prize.
Approximate Retail Value (ARV) $2,000.00
Prize provided by: Sam’s Club
Winner is responsible for any expenses associated with the ring, including, but not limited to insurance and extended warranties. 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 three (3) days after winning.Failure of the winner to take possession within such time will result in disqualification.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 ring’s value towards a higher cost or alternate ring.Designated ring must be the Sponsor designated ring that is currently designated. If the designated prize price is under the stated value, the winner will not be awarded the difference between the ring’s actual price and stated value.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.
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.
5.TAMPERING AND DELIVERY DISCLAIMER.(a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES.The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.
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.
7.USE OF PERSONAL INFORMATION.The Sponsor will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Sweepstakes, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.Any available opt-in opportunities are not required to enter the Sweepstakes, and opting in will not improve your chances of winning.
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.