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.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Sweepstakes Name: AT&T iHeartRadio Fiesta Latina "Fiesta Your Way" Sweepstakes (the "Sweepstakes")
Station: For participating stations (the "Station") please email email@example.com (the "Station") or see Appendix A below.
Station Address: iHeartMedia, 125 West 55th Street, Manhattan, NY 10019
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. ("Sponsor"). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours or send your request by mail at iHeartMedia + Entertainment, Inc. at iHeartMedia, 125 West 55th Street, Manhattan, NY 10019.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., AT&T iHeartRadio Fiesta Latina "Fiesta Your Way" Sweepstakes, 125 West 55th Street, Manhattan, NY 10019.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal residents of the 50 states of the United States or the District of Columbia, (ii) who are 18 years of age or older at the time of entry (19 or older if a resident of Alabama or Nebraska).
If you are not a legal resident of the United States or you are not the required age as of time of entry, you are not eligible to enter this Sweepstakes or to win a prize. 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.
Void outside participating Station's TMA and where prohibited by law.
2. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. Sweepstakes begins on October 13, 2017 at 11:00:00 a.m. ET and ends at 11:59:59 p.m. ET on October 22, 2017 ("Entry Period").
How to Enter: During the Sweepstakes Period, visit www.fiestayourway.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) to receive one (1) entry into the Sweepstakes. Limit: One (1) entry per person/email address/household per Day during the Sweepstakes Period. For purposes of this Sweepstakes, a "Day" shall be defined as each calendar day, beginning at 12:00:00 am ET and ending at 11:59:59 pm ET on that same day. Entries must contain all information requested to be valid.
Entries and bonus entries together shall herein be referred to as "Entries". All eligible Entries must be received by October 22, 2017 at 11:59 pm ET to be eligible.
- 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. You will receive one (1) bonus entry for each friend that registers for the Sweepstakes through the unique link you posted. Limit: one (1) bonus Sweepstakes entry per day during the Entry Period.
- 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. You will earn one (1) bonus Sweepstakes entry. Limit: one (1) bonus Sweepstakes entry per day during the Promotion Period.
- E-mail: After you enter the Sweepstakes, you will be invited to share the Sweepstakes by submitting the name and email address of one (1) friend who must be eligible to enter the Sweepstakes. Each person that you refer will receive an email notifying him or her about the Promotion. You may only refer persons with whom you have an existing relationship. The sent email will contain a unique link to the Promotion. If a friend subsequently registers through the unique link, you will earn one (1) bonus entry into the Sweepstakes. Limit: one (1) bonus entry per day during the Entry Period via this 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. WINNER SELECTION. On or about October 23, 2017, the Sponsor will randomly select one (1) potential Sweepstakes winner from among all eligible entries collectively received during the Entry Period. 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.
The potential winner will be notified by phone at the phone number provided during registration. THE SPONSOR WILL CALL THE POTENTIAL WINNER THREE (3) TIMES WITHIN ONE (1) HOUR. THE POTENTIAL WINNER MUST ANSWER ONE OF THE CALLS. IF THE POTENTIAL WINNER DOES NOT PICK UP ONE OF THE CALLS WITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. Sponsor is not obligated to and will not leave a voicemail or other message when contacting the potential winner. Notification is deemed to have occurred immediately upon placing of a phone call. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s), 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. If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. 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:
The Grand Prize Package will include the following:
- A three (3) day/two (2) night trip for two (2) people to Miami, FL from November 3 – November 5, 2017.
- Domestic roundtrip first class airfare for a winner and one (1) guest between the major metropolitan airport nearest prize winner'sprimary residence and (in the event of any dispute, airport shall be as determined by Sponsor in its sole discretion) to destination airport for Miami, FL;
- One (1) standard double occupancy hotel accommodations for three (3) days and two (2) night at destination;
- Two (2) tickets to the iHeartRadio Fiesta Latina on November 4, 2017 (seats determined by Sponsor);
- Exclusive experience with Enrique Santos (exact experience determined by Sponsor)
- Dinner at one of Enrique Santos' favorite restaurants in Miami
- Access to behind the scenes experiences and more throughout the weekend!
- Total overall approximate retail value of the prize is $4,999.00. Prize package provided by iHeartMedia+Entertainment, Inc. Prize value may vary depending upon departure location and time of travel. Other restrictions apply.
Travel will take place November 3 – November 5, 2017 or it will be forfeited.
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.
The meet & greet is subject to the talents' schedule and availability. The Sponsor is not responsible for any delay, cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Sponsor reserves the right to not award the prize associated with that canceled event, meet & greet, and/or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Sponsor's sole discretion or may be predetermined as supplied by the Sponsor. The Sponsor reserves the right to substitute a prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor's discretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the meet & greet, concert and/or other Sweepstakes prize events. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest) who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the greet & meet, concert and/or other Sweepstakes prize event or in any other objectionable behavior. If, after a prize has been selected and ticketing has been completed, concert is cancelled, such portions of the prize will be forfeited and the Sponsor shall have no further obligation to winner. Winner(s) must present state authorized identification prior to being awarded the prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.
Prize Conditions: Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor's sole and absolute discretion. Selection of the airline, departure and arrival airport, and hotel are solely within Sponsor's sole discretion. If, in the judgment of the Sponsor and/or any third- party company fulfilling (if any) the prize, air travel is not required due to winner's proximity to Miami, FL, ground transportation will be substituted for roundtrip air travel at the Sponsor and third-party fulfillment company's sole and absolute discretion. The difference in value will not be awarded to the winner. Prizes are non-transferable, are not redeemable for cash and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to ground transportation to/from each winner's residence and airport of departure, meals and beverages, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), gratuities, travel upgrades, baggage fees, and personal incidentals. Winner and guests must travel on dates designated by the Sweepstakes Entities, on the same itinerary. Grand Prize winners must be available to travel to Miami, FL within specified dates between November 3, 2017 and November 5, 2017; no alternate travel dates are available. In the event any Grand Prize winner cannot travel to Miami, FL on the dates designated by Sponsor, such winner may be disqualified and the prize may be awarded to an alternate winner provided sufficient time remains prior to the travel. Winner and guests will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel's sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner's hotel room will be charged to that major valid credit card or deducted from the deposit provided.
Travel is subject to availability and terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Sweepstakes Entities are not responsible for any fees or additional charges resulting from a winner's or guest's change(s) to itinerary or accommodations. Winners and guests must have all necessary identification and/or travel documents (e.g., a valid U.S. driver's license) required for travel and are solely responsible for obtaining such valid identification (e.g., a valid U.S. driver's license or a valid U.S. passport) prior to travel and the associated costs for these requirements. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sweepstakes Entities shall not be liable for any loss or damage to baggage. If the winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sweepstakes Entities shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of the prize will be awarded. Each winners and guest is responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required. Each winner and guest agrees to comply with all applicable venue regulations in connection with the concert. Sweepstakes Entities and the applicable venue representatives reserve the right to remove or to deny entry to winner who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert or meet and greet event or in any other objectionable behavior. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen, or damaged airline tickets, travel vouchers or certificates or concert or event tickets will not be replaced or exchanged.
All travel guests must be at least 18 years of age or older at time of entry. Travel guests must sign and return a travel release before any ticketing of travel occurs. Additional prize award details and travel information to be provided to the winner at the time of notification. Winner will be required to complete and return all releases and forms within three (3) days of date of receipt the applicable forms and releases, unless otherwise specified thereon. Winner must sign a prize acceptance form, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted). Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. The Sweepstakes Entities shall in no way be responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sweepstakes Entities are not responsible for awarding any compensation in lieu thereof. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the prize provider and/or the Sweepstakes Entities and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sweepstakes Entities' prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner must comply with all applicable laws, and any rules and regulations established by the Sweepstakes Entities' prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE RELEASED PARTIES (as defined below) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner's name may be included in a publicly available winners list.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the "Released Parties") from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner's name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities' sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
9. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor's decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor's and/or Station's "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor's and/or Station's "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station's website, when practical. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys' fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant's fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.
Appendix A – Participating Stations
Market Station New York WKTU-FM Los Angeles KIIS-FM Chicago WKSC-FM San Francisco KYLD-FM Dallas-Ft. Worth KHKS-FM Washington, DC WIHT-FM Atlanta WWPW-FM Philadelphia WIOQ-FM Boston WXKS-FM Miami-Ft. Lauderdale-Hollywood WHYI-FM Detroit WKQI-FM Seattle-Tacoma KPWK-FM Phoenix KZZP-FM Minneapolis-St. Paul KDWB-FM San Diego KHTS-FM Denver-Boulder KPTT-FM Tampa-St. Petersburg-Clearwater WFLZ-FM Baltimore WZFT-FM St. Louis KSLZ-FM Portland, OR KKRZ-FM Charlotte-Gastonia-Rock Hill WHQC-FM San Antonio KXXM-FM Pittsburgh, PA WKST-FM Salt Lake City-Ogden-Provo KZHT-FM Cincinnati WKFS-FM Orlando WXXL-FM Cleveland WAKS-FM Austin KHFI-FM Columbus, OH WNCI-FM Raleigh-Durham WDCG-FM Milwaukee-Racine WRNW-FM Nashville WRVW-FM Norfolk-Virginia Beach-Newport News WNOH-FM Greensboro-Winston-Salem-High Point WMKS-FM West Palm Beach-Boca Raton WLDI-FM Jacksonville WKSL-FM Oklahoma City KJYO-FM Memphis KWNW-FM Hartford-New Britain-Middletown WKSS-FM Richmond WRVQ-FM Louisville WNRW-FM McAllen-Brownsville-Harlingen KBFM-FM Rochester, NY WKGS-FM Ft. Myers-Naples-Marco Island WBTT-FM Birmingham WQEN-FM Tucson KRQQ-FM Dayton WCHD-FM Tulsa KTBT-FM Albany-Schenectady-Troy WKKF-FM Grand Rapids WSNX-FM Allentown-Bethlehem WAEB-FM Des Moines KKDM-FM Omaha-Council Bluffs KISO-FM Baton Rouge WFMF-FM El Paso KPRR-FM Harrisburg-Lebanon-Carlisle WHKF-FM Monterey-Salinas-Santa Cruz KDON-FM Columbia, SC WNOK-FM Chattanooga WKXJ-FM Syracuse WWHT-FM Madison WZEE-FM Toledo WVKS-FM Melbourne-Titusville-Cocoa WFKS-FM Lexington-Fayette WLKT-FM Wichita KZCH-FM Ft. Collins-Greeley, CO KSME-FM Portsmouth-Dover-Rochester WERZ-FM Pensacola WRGV-FM Fayetteville (North West Arkansas) KMXF-FM Youngstown-Warren WAKZ-FM Salisbury-Ocean City WKZP-FM Myrtle Beach, SC WWXM-FM Beaumont-Port Arthur, TX KKMY-FM Savannah WAEV-FM Quad Cities (Davenport-Rock Island-Moline) KUUL-FM Asheville WQNQ-FM Tallahassee WGMY-FM Huntington-Ashland WKEE-FM Poughkeepsie, NY WPKF-FM Bryan-College Station, TX KVJM-FM Binghamton WBNW-FM Waco, TX KWTX-FM Cedar Rapids KOSY-FM Winchester, VA WKSI-FM Tuscaloosa, AL WZBQ-FM Florence, SC WJMX-FM Laurel-Hattiesburg, MS WNSL-FM Lima, OH WBKS-FM Eau Claire, WI WBIZ-FM Albany, GA WGEX-FM Parkersburg-Marietta, WV-OH WRVB-FM Wheeling WVKF-FM Harrisonburg, VA WAZR-FM Bismarck, ND KYYY-FM Sioux City, IA KSFT-FM Williamsport, PA WVRT-FM Grand Forks, ND-MN KKXL-FM Gallup NM KXTC-FM Mansfield OH WYHT-FM Bakersfield, CA KBFP-FM Los Angeles,CA KBIG-FM Oklahoma City,OK KBRU-FM Fresno-Visalia,CA KFBT-FM Fresno-Visalia,CA KFSO-FM Los Angeles,CA KGGI-FM Harlingen-Wslco-Brownsville-McA,TX KHKZ-FM Colorado Springs-Pueblo,CO KIBT-FM Tulsa,OK KIZS-FM Corpus Christi,TX KMXR-FM Monterey-Salinas, CA KOCN-FM Houston,TX KODA-FM Tucson (Sierra Vista),AZ KOHT-FM Los Angeles,CA KOST-FM Austin, TX KPEZ-FM Monterey-Salinas, CA KPRC-FM Sacramento-Stockton-Modesto, CA KQOD-FM San Antonio,TX KQXT-FM Harlingen-Wslco-Brownsville-McA,TX KQXX-FM Corpus Christi,TX KSAB-FM San Diego,CA KSSX-FM San Antonio,TX KTKR-AM El Paso (Las Cruces),TX KTSM-FM Tucson (Sierra Vista),AZ KTZR-AM Seattle-Tacoma, WA KUBE-FM Corpus Christi,TX KUNO-AM Harlingen-Wslco-Brownsville-McA,TX KVNS-AM Sioux City,IA KWSL-AM Tucson (Sierra Vista),AZ KXEW-AM Miami-Ft. Lauderdale,FL WBGG-FM Atlanta, GA WBZY-FM Harrisburg-Lancaster-Leb-York,PA WLAN-AM Miami-Ft. Lauderdale,FL WMGE-FM Orlando-Daytona Beach-Melbourne,FL WMGF-FM Miami-Ft. Lauderdale,FL WMIA-FM Miami-Ft. Lauderdale,FL WMIB-FM West Palm Beach-Ft. Pierce,FL WQOL-FM Philadelphia, PA WRAW-AM Orlando-Daytona Beach-Melbourne,FL WRUM-FM Ft. Myers-Naples,FL WZJZ-FM