Official Sweepstakes Rules
Sweepstakes Name: 2023 Q4 Cash Sweepstakes Winner’s Bonus Prize Giveaway (the Sweepstakes”)
Qualifying Sweepstakes Name: 2023 Q4 Cash Sweepstakes (“Qualifying Sweepstakes”)
Participating Stations: See participating station listing provided under the prize (each a “Participating Station”, collectively “Participating Stations”)
Station Address: 125 W 55th St 7th Floor New York, NY 10019
Questions/Issues: Customer Service: https://help.iheart.com
Sponsor: iHeartMedia + Entertainment Inc.
ENTRANTS MUST HAVE PARTICIPATED AND WON THE QUALIFYING SWEEPSTAKES TO BECOME ELIGIBLE TO PARTICIPATE ON ONE OF THE BONUS PRIZE GIVEAWAYS. THIS SWEEPSTAKES IN NOT OPEN TO THE GENERAL PUBLIC FOR PARTICIPATION
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN (EXCEPT DATA AND MESSAGE RATES MAY APPLY) PURCHASE DOES NOT INCREASE ODDS OF WINNING. This Sweepstakes is open only to individuals ("Entrants") who were winners of a “qualifying Sweepstakes” as described herein, who have been verified. If you do not meet the eligibility requirements stated herein as of time of entry, you are not eligible to participate in this Sweepstakes or to win a prize. Void outside where prohibited or restricted by law. Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period for among all Participating Stations in a particular Bonus Prize Giveaway. Entry into the Sweepstakes is limited, it is NOT OPEN TO THE GENERAL PUBLIC and is restricted solely to the eligible winners of the Qualifying Sweepstakes as determined herein.
iHeartMedia + Entertainment, Inc., its subsidiaries, affiliated companies and divisions to include individual Stations, iHeartRadio and iHeartMedia (collectively, the “Sponsor”), will conduct its promotional Sweepstakes substantially as described in the official Sweepstakes rules, and by participating, each participant agrees as follows:
Only Participating Stations will participate in the bonus prize giveaway and are listed accordingly by Appendix. For a list of Participating Stations and/or a copy of the official Sweepstakes rules, please visit the office of the Participating Station during normal business hours or send your request to the above address as instructed herein.
The Sweepstakes is administered by the Sponsor and any questions, comments or complaints regarding the Sweepstakes must be directed to the Sweepstakes administrator. Entrant(s) (and if eligible minors, their parents/legal guardians) agrees to and acknowledges that any information provided will be used for administering the Sweepstakes and in accordance with iHeartMedia privacy practices found here. The Sponsor, and any of its respective affiliates, together with the applicable prize provider(s), promotional partner(s), administrator and third party prize fulfillment service provider(s), if any, shall collectively herein be referred to as the “Sweepstakes Entities”.
1. Description of Sweepstakes/Participation. THE 2023 Q4 CASH SWEEPSTAKES WINNER’S BONUS PRIZE GIVEAWAY IS NOT OPEN TO THE GENERAL PUBLIC FOR ENTRY.This bonus Sweepstakes is only valid for entry via the qualifying Sweepstakes as described herein. Entrants must be a verified winner of the qualifying Sweepstakes to enter and qualify for the bonus prize during the qualifying period specified under each individual giveaway as described in the qualifying Sweepstakes rules. The qualifying Sweepstakes period is October 2, 2023 at 8:55:00 AM ET and ends November 17, 2023 at 9:54:59 PM ET, each separate qualifying period may be subject to different start and end dates as stated in the official rules respective to those qualifying sweepstakes. For each specified qualifying sweepstakes, winners of the qualifying Sweepstakes, will automatically qualify for entry into the bonus prize giveaway as stated herein, per the eligibility requirements of the individual bonus giveaway prize. Only one bonus prize per winner may be awarded regardless if entrant is selected more than once. Beginning on or around the end of the qualifying Sweepstakes Period for each Qualifying Sweepstakes, the Sponsor will at random select one (1) Prize winner from all eligible qualifying entries collectively received in the respective Qualifying Sweepstakes to determine the one winner for the bonus prize respective to the particular Qualifying Sweepstakes associated with the Bonus Prize. There will be a total of (1) one bonus prize winner.
Eligibility and entry into the bonus prize sweepstakes is restricted to those who were determined a valid winner of the 2023 Q4 Cash Sweepstakes (the “Qualifying Sweepstakes”)for the bonus prize. The bonus prize is individually provided and entry shall be determined by the Participating Stations of the qualifying Sweepstakes as specified therein, below* andin the attached appendix.
The amount of eligible qualifiers depends on the amount of winners of the qualifying sweepstakes from the participating stations that are listed in the Participating Station giveaway Appendix.
Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. Winners must respond within 24 hours of notification to verify eligibility. Failure to respond timely may result in disqualification.
Notice: If an entrant is unable to verify registration information the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves at its sole discretion the right to choose an alternative possible winner in the event that that a qualifier or possible winner has been disqualified or is deemed ineligible. 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 Station may use to contact the qualifier and/or a potential winner. The Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. The Station 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 qualifier or potential winners or for any late, misdirected, or ifthe qualifier 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 notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. All decisions of the Sponsor and/or judges will be final. If any prizewinner and or qualifier are not available to participate, deemed ineligible or disqualified for any reason whatsoever as specified by the Sweepstakes Entities, in their sole discretion, the qualifier andor prizewinner privileges will be forfeited entirely and an alternative qualifier and or prizewinner may be selected from among the eligible entries received, as defined herein. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and theSponsor, that the decisions of the Sponsor is final on allmatters 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 the rules, then you will be disqualified; and (e) The potential winner and or qualifier must be available to participate when applicable in any portion to the Sweepstakes that participation may be required to be considered eligible.
2. Prize(s). No more than the advertised number of prizes shall be awarded. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Sponsor.Prizing may be fulfilled by third party fulfillment companies. The Sponsor or third party fulfillment companies are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. The prize is awarded if properly claimed according to theRules and if there are sufficient eligible entries. The Sponsor, Sweepstakes Entities, and each of their respective advertising and promotion agencies, parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Released Parties”) do not make, and are not responsible inany 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. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the soleresponsibility of winner(s). If the winner is disqualified or is found to be ineligible for the Sweepstakes, the Sponsorreserves the right to determine an alternate winner or not to award the prize, at its sole discretion. The prize(s) that may be awarded to the eligible winner(s) are:
*BONUS PRIZE GIVEAWAY – INDIVIDUAL QUALIFYING TIMES AND ELIGIBILITY REQUIREMENTS, WINNER SELECTION TIME AND STATION PARTICIPATION ARE AS PROVIDED FOR BELOW UNDER THE SPECIFIC BONUS PRIZE. ALL QUALIFYING TIME DATES ARE IN 2023. FOR A LIST OF THE STATIONS PARTICIPATING IN THE BONUS PRIZE GIVEAWAY AND THE INDIVIDUAL STATION QUALIFYING TIMES OF PARTICIPATIONPLEASE SEE THE CORRESPONDING ATTACHED APPENDIX AND OR STATION ADDENDUM.
A.iHeartRadio Jingle Ball VIP (open to winners of a qualifying Sweepstakes during the qualifying time of 10/02/23 thru 11/17/23). Must be a legal resident of the 50 United States or the District of Columbia, 18 years of age or older as of the date of participation.
Winner randomly selected on or by: Monday, November 20, 2023
Prize provided by: iHeartMedia + Entertainment, Inc.
Prize is: A trip for two (2) to New York City, NY to see the WHTZ-FM Jingle Ball concert on Friday, 12/08/23. (All taxes will be covered)
Prize package includes:
·Roundtrip first class airfare for winner and one (1) guest from a major metropolitan airport near winner’s home to New York, NY (departing Thursday, 12/07/23 – returning Saturday, 12/09/23);
·(2) two nights’ accommodations in New York in standard hotel room (12/07/23 & 12/08/23);
·Round trip ground transportation for home/airport/hotel transfers for two;
·Two (2) tickets to the WHTZ-FM Jingle Ball concert on Fri 12/08/23 at Madison Square Garden;
·One (1) tour merchandise package for grand prize winner;
·One (1) signed item from one of the artists performing (item and artist TBD);
·Tax Gross-Up Cash payment to the winner to cover all taxes incurred; and
Estimated approximate retail value is $15,000 value may vary depending upon location andtime of travel
Trip Prize Conditions applicable to BONUS PRIZE GIVEAWAY: Prize package shall include round-trip, coach class air transportation for winner from a major commercial airport near winner’s home to the destination and a double occupancy standard hotel room as specified in herein (unless otherwise noted in prize description). 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 and is specified in these Official Sweepstakes Rules. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel - related expenses not specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not beprovided. If the prizewinner(s) is unavailable for travel on the designated dates, the specified or prize will be forfeited and may or may not be awarded to an alternate prizewinner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary.
IF WINNER IS ELIGILE BUT IS UNDER 21 ON THE DATE OF TRAVEL THEN THE TRAVEL GUEST MUST BE THE WINNER’S PARENT OR LEGAL GUARDIAN.
IF WINNER IS ELIGIBLE, BUT TRAVEL GUEST IS A MINOR IN HIS/HER STATE OF RESIDENCE, THE WINNER MUST BE THE TRAVEL GUEST’S PARENT OR LEGAL GUARDIAN,
NO MINOR MAY ACCOMPANY WINNER AS A TRAVEL GUEST IF THE WINNER IS NOT THE MINOR’S PARENT OR LEGAL GUARDIAN. ALL MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN- FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR’S PARENT OR LEGAL GUARDIAN. Travel guests must signand return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, thetrip may be forfeited, and an alternate winner will be selected, in the Sponsor’s sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any timeconstraints related to the prize, the winner will be disqualified. 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, andschedule or route changes. If in the judgment of the Sponsor, air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at the Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the prize winner. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by theair carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest will be required to complete and return, within 3 days of date of receipt the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their travel guest which must be at least of the legal age of majority in their state, a W -9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor andsponsor are not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by sponsor. The Sponsor is not 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 Sponsoris not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for anyreason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsorand/or Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s 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, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURYAND/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 SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLEFOR ANY RESULTING INJURY AND/OR DEATH.
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
Conditions and restrictions may apply. Limit: One (1) prize per person/household for this Sweepstakes. Winner(s) and winner’s household members cannot have won a prize through any Sponsor promotion in the thirty (30) days prior to this Sweepstakes start date. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
4. 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.
6. 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, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, 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.
7. 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 for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related fees, other costs or expenses related to prize acceptance and use not specified herein, regardless of whether such prize is used in whole or in part. 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 will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
8. 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.
9. 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.
10. 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.
11. 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
Individual Participating Stations may optto make amendments or changes regarding qualifying or participation affecting that station only by including hereto an attached addendum amending the rules and outlining the applicable changes. The Sponsor is conducting the Sweepstakes concurrently and simultaneously on several participating stations that are located in various States andtheir perspective time zones. Entrants not located within thereferenced time zone, must factor in the time difference in determining the dates and times stated herein. Sponsor may add or remove participating stations or change call letters of any participating station at any time during the Sweepstakes as announced on the affected station. The Station’s participation in this Sweepstakes during the Sweepstakes dates may vary from day to day as announced on air of the affected Station, and as listed as amended in Appendix A and as noted in any applicable addendum. Station will announce participation. Stations participating in this Sweepstakes may include all stations owned or operated by iHeartMedia + Entertainment, Inc. FOR A LIST OF THE STATIONS PARTICIPATING IN THE BONUS PRIZE GIVEAWAY PLEASE SEE PARTICIPATION LISTING PROVIDED (LINKED) UNDER PRIZE.
*The registered names used in this Sweepstakes are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners