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: Big Truckin’ Summer – Chevy Truck Giveaway (the “Sweepstakes”)
Station: 106.7 The Bull (the “Station”)
Station Address: 4695 S Monaco St. Denver, CO 80237
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 4695 S Monaco St. Denver, CO 80237 or visit the website 1067thebull.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Red, White and Bull Chevy Giveaway Sweepstakes at 4695 S Monaco St. Denver, CO 80237.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Colorado residing within the following counties: Adams, CO; Alamosa, CO; Arapahoe, CO; Archuleta, CO; Boulder, CO; Broomfield, CO; Chaffee, CO; Cheyenne, CO; Clear Creek, CO; Conejos, CO; Costilla, CO; Delta, CO; Denver, CO; Dolores, CO; Douglas, CO; Eagle, CO; Elbert, CO; Garfield, CO; Gilpin, CO; Grand, CO; Gunnison, CO; Hinsdale, CO; Jackson, CO; Jefferson, CO; Kit Carson, CO; Lake, CO; Larimer, CO; Lincoln, CO; Logan, CO; Mineral, CO; Moffat, CO; Morgan, CO; Ouray, CO; Park, CO; Phillips, CO; Pitkin, CO; Prowers, CO; Rio Blanco, CO; Rio Grande, CO; Routt, CO; Saguache, CO; San Juan, CO; San Miguel, CO; Sedgwick, CO; Summit, CO; Washington, CO; Weld, CO; Yuma, CO, 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 Colorado (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 May 10, 2019 at 3:00:00 p.m. MT and ends at 7:00:00 p.m. MT on August 9, 2019 (“Sweepstakes Period") and will be divided into three (3) entry periods (each an “Entry Period”) as set forth below.The On-Air Entry Period is comprised of twelve (12) playtime each day as set forth below.All finalists will be required to attend the grand prize event on August 9, 2019 at Blake Street Tavern (2301 Blake Street, Denver, CO 80205) to remain eligible for a chance to win the grand prize.
(1)ON-AIR:Start/End Date (7:00:00 am MT to 7:00:00 pm MT):
1.June10, 2019/ 12 playtimes per day
2.June, 11, 2019 / 12 playtimes per day
3.June 12, 2019 / 12 playtime per day
4.June 13, 2019 / 12 playtimes per day
5.June 14, 2019 / 12 playtimes per day
6.June 17, 2019/ 12 playtimes per day
7.June 18, 2019 / 12 playtimes per day
8.June 19, 2019 / 12 playtimes per day
9.June 20, 2019 / 12 playtimes per day
10.June 21, 2019 / 12 playtimes per day
11.June 24, 2019 / 12 playtimes per day
12.June 25, 2019 / 12 playtimes per day
13.June 26, 2019 / 12 playtimes per day
14.June 27, 2019 / 12 playtimes per day
15.June 28, 2019 / 12 playtimes per day
16.July 1, 2019/ 12 playtimes per day
17.July 2 2019/ 12 playtimes per day
18.July 3, 2019 / 12 playtimes per day
19.July 5, 2019 / 12 playtimes per day
20.July 8, 2019 / 12 playtimes per day
21.July 9, 2019 / 12 playtimes per day
22.July 10, 2019 / 12 playtimes per day
23.July 11, 2019 / 12 playtimes per day
24.July 12, 2019 / 12 playtimes per day
25.July 15, 2019 /12 playtimes per day
26.July 16, 2019 / 12 playtimes per day
27.July 17, 2019 / 12 playtimes per day
28.July 18, 2019 / 12 playtimes per day
29.July 19, 2019 / 12 playtimes per day
30.July 22, 2019 / 12 playtimes per day
31.July 23, 2019 /12 playtimes per day
32.July 24, 2019 / 12 playtimes per day
33.July 25, 2019 / 12 playtimes per day
34.July 26, 2019 / 12 playtimes per day
35.July 29, 2019 / 12 playtimes per day
36.July 30, 2019 / 12 playtimes per day
37.July 31, 2019 / 12 playtimes per day
38.August 1, 2019 / 12 playtimes per day
39.August 2, 2019 / 12 playtimes per day
(2)ON-LINE: Start/End Date (12:00:00am MT to 11:59:59pm MT):
1.May 10, 2019 – August 3, 2019
(3)REGISTER AT LIVE REMOTE:Start/End Date (12:00:00am MT to 11:59:59pm MT):
1.May 10, 2019; 3:00:00 p.m. MT – 7:00:00 p.m. MT
2.May 11, 2019; 3:00:00 p.m. MT – 7:00:00 p.m. MT
3.June 16, 2019; Time TBA
4.June 29, 2019; Time TBA
5.July 4, 2019; Time TBA
6.July 5, 2019; Time TBA
7.July 6, 2019; Time TBA
8.August 9, 2019; Time TBA
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:
There are three (3) ways to enter:
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 May 10, 2019, listen to the participating Station weekdays between 7:00:00 a.m. ET and 7:00:00 p.m. ET 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 aSemi-Finalist.
a.The participating Stations may or may not choose to announce exact times the cues will be played.
b.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 Semi-Finalist. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential Semi-Finalist 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.
c.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.
d.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.Online Registration Entry Method: To enter Sweepstakes via the Online Registration Entry Method, during the Online Registration Entry Period, go to the Station’s website, www.1067thebull.com (the “Website”) and follow the links and instructions to access the registration form.Fill out the registration form with all required information (including your name, telephone number, email address, date of birth, and any other information requested by the Sponsor) to receive one (1) entry into the Online Registration random drawing. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
Bonus Entries: There are two (2) ways to earn bonus Sweepstakes entries as outlined below:
1.Facebook Share: After you enter the Sweepstakes, you will be invited to share the Sweepstakes on your Facebook wall. The wall post will contain a unique link to the Sweepstakes. To obtain bonus entries, an Entrant’s Facebook friend must click on the unique link in the wall post and complete and submit the registration information requested to enter the Sweepstakes.Upon the Friend’s successful entry into the Sweepstakes, the original Entrant will receive one (1) bonus entry.Limit: one (1) bonus entry during the Entry Period via this method.
2.Twitter Share: After you enter the Sweepstakes, you will be invited to share the Sweepstakes on Twitter by clicking on the link to share a prepopulated message on Twitter. To obtain bonus entries, an Entrant’s Twitter follower must click on the unique link in the post and complete and submit the registration information requested and enter the Sweepstakes. Upon the follower’s successful entry into the Sweepstakes, the original Entrant will receive one (1) bonus entry for having a follower enter the Sweepstakes by following the unique link in his/her Twitter post. Limit: one (1) bonus entry during the Entry Period via this method.
3.Register at Live Remote:To enter the Sweepstakes at a Live Remote, register in person at one of the Station’s designated remote appearances by completing an official entry form with all required information (including your name, telephone number, email address, date of birth, and any other information requested by the Sponsor). Location dates and times TBA. Listen to the Station for times and locations.
LIMIT: ONE (1) ENTRY PER PERSON AND EMAIL FOR A TOTAL OF ONE (1) ENTRY FOR THE ENTIRE SWEEPSTAKES.
Once an entrant is selected as a Finalist via any of the Entry Methods above, he/she cannot achieve additional entries into any First Round Finalist Drawing via any Entry Method.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3.SEMI-FINALIST/ FINALISTS SELECTION.
Five hundred four (504) semi-finalists (“Semi-Finalists”) will be selected from all eligible entries received throughout the Sweepstakes Period.The five hundred four (504) Semi-Finalists will be narrowed down to one hundred six (106) finalists “Finalists”) to participate in the grand prize event (“Grand Prize Event”), subject to verification (each a “Finalist”).
(1)On-Air: twelve (12) Semi-Finalists from each day during the on-air entry period for a total of four hundred sixty-eight (468). See section 2.
(2)On-line:The Sponsor will randomly select twenty (20) Semi-Finalists on August 2, 2019.
(3)Register at Live Remote:The sponsor will randomly select sixteen (16) Semi-Finalists from all eligible entries received.
Semi-Finalists will NOT receive a prize for being selected as a Semi-Finalist.
1.On-Air:The Sponsor will randomly select eighty-eight (88) finalists from all eligible entries.
2.On-line:The Sponsor will randomly select ten (10) Finalists on August 5, 2019.
3.Register at Live Remote:The sponsor will randomly select eight (8) Finalists from all eligible entries received.
Each Finalist must be available to attend, participate in, and be eligible for the Grand Prize Event held on Friday, August 9 at 4:00:00 pm MT to 7:00:00 pm MT at Blake Street Tavern, 2301 Blake Street, Denver, CO 80205.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:
·On-Line Registration Finalists will be notified via the email address and/or phone number provided during registration.
·On-Air Finalists will be notified via email address and/or phone number provided.
·Registration at Live Remote Finalists will be notified via the email address and/or phone number provided during registration.
Finalists will receive a prize for being selected as a Finalist.
It is anticipated that there will be a total of one hundred six (106) 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. 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, or (if the Finalist or potential winner is a minor) for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent.
GRAND PRIZE EVENT:Only verified and qualified Finalists may participate in the Grand Prize Event. A total of up to one hundred six (106) Finalistswill participate in the Grand Prize Event, August 9, 2019 at 4:00:00 pm MT to 7:00:00 pm MT at Blake Street Tavern, 2301 Blake Street, Denver, CO 80205.Upon arrival to the Grand Prize Event, and between 4:00:00 pm MT and 5:00:00 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 before between 5:00:00 pm MT and 5:15:00 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.At theGrandPrizeEvent, each Finalist will randomly select an envelope that contains a winning KEY. The qualified Finalists will open their envelope at the same time to look for the winning KEY in the envelope they randomly selected. The Finalist who selects the envelope with the winning KEY will be deemed the Grand Prize Winner, subject to verification, and the contest will be officially over.All Finalists (and, thus, the PotentialGrandPrizewinner) mustpossessavalid Colorado driver’slicenseandshowproof ofautomobileliability insuranceand/orotherstateautomobileinsurancerequirementspriortotaking possessionoftheGrandPrize. If a potentialWinner isdisqualified, the Company reserves the right to determine analternate Winnerby conductingarandomdrawingfromamongalleligibleFinalistsstill inattendanceattheGrandPrize Event,whowillalso 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.
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. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
One (1) Grand Prize:
2019 Silverado Crew Cab Short Bed Custom Trail Boss V-6, 4WD: 24 month lease 10,000 miles per year must be approved by Colorado Chevy Dealers. Winner must have a driver license and approved by the state of Colorado to register the automobile. Winner is responsible for all taxes, titles, doc fee and license. Winner must provide full coverage insurance. Winner is also responsible for any accessories. If the grand prize winner does not meet the credit requirements of the lease agent, an alternate grand prize winner will be selected by random drawing from among the remaining eligible Finalists.
Prize provided by: Colorado Chevy Dealers
ARV: $ $44,570
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.
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, mileage that exceeds 10,000 per year. 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 ninety (90) 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. If the designated prize vehicle MSRP is under the stated value, the winner will not be awarded the difference between the vehicle’s 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.
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.