Tsunami Surf Shop Back to School Sweepstakes Official Rules

posted by Bri - 

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. 

 

EACH TEXT  MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE  PLAN.  MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT  MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN  RESPONSE TO YOUR ENTRY. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL  WIRELESS CARRIERS.  TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION  2 BELOW. 

 

 

Sweepstakes Name: Back to School Giveaway with Mix 97.7 and Tsunami Surf Shop (the “Sweepstakes”) 

 

Station: WWXM-FM (the “Station”) 

 

Station Address: 4841 Highway 17 Bypass South Myrtle Beach, SC 29577  

 

Telephone: 843-293-0107 

 

Promotion Sponsor:  Tsunami Surf Shop 

 

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 to iHeartMedia  + Entertainment, Inc. at 4841 Highway 17 Bypass South Myrtle Beach, SC  29577.  

 

List of Winner(s): For the name(s) of the  winner(s) send a stamped, self-addressed envelope to: iHeartMedia +  Entertainment, Inc., Back to School Giveaway with Mix 97.7 and Tsunami  Surf Shop Sweepstakes, 4841 Highway 17 Bypass, South Myrtle Beach, SC  29577 

 

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), and (iii) who reside within the participating Station’s Total  Market Area (“TMA”) (as defined by Nielsen Audio).  Commonly, the TMA  represents the Station’s intended listening audience.  

 

If  you are not a legal resident of the United States, not located in the  Station’s TMA, 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.  The Sweepstakes begins on  August 4, 2018 at 10:00:00 a.m. ET and ends at 5:00:00 p.m. ET on August  31, 2018 (“Sweepstakes Period"). The Sweepstakes Period includes four  (4) entry periods (“Entry Period”) as set forth in the chart below: 

Four (4) Entry Periods: 

Week 1 August 4 – 10, 2018 10:00AM ET – 5:00 PM ET  

Week 2  August 11 – 17, 2018 10:00 AM ET – 5:00 PM ET 

Week 3 August 18 – 24, 2018 10:00AM ET – 5:00 PM ET  

Week 4  August 25 – 31, 2018 10:00 AM ET – 5:00 PM ET 

 

B.  How to Play:  During the Entry Period, text the official KEYWORD, found  in store on point of sale cardboard signs, packaging material or other  Official Entry Keyword Communication on Sweepstakes related advertising  materials at participating Tsunami Surf Shops in the Myrtle Beach area  (during store hours).  You may text the KEYWORD to 47142 to enter for a  chance to become a winner.  You will receive at least one (1) autodialed  text message in response to your entry, Standard text messaging and  data rates may apply; contact your carrier for rates applicable to your  plan. For HELP, text “HELP” to 47142. To STOP, text “STOP” to 47142 to  cancel. Individuals who enter by text-messaging will be charged  according to their carriers’ standard messaging and data rates, and  entrants should contact their carriers for pricing details. Check your  owners' manual for specific text-messaging instructions. Text-messaging  may not be available through all wireless carriers. 

 

 ALTERNATE METHOD OF ENTRY (AMOE)  

  To enter the Sweepstakes without sending a text message, during the  Entry Period you may register by logging onto the station’s websites at:  www.mix977.com and follow the Sweepstakes links to enter by completing  the online registration for the Sweepstakes.  You may also find the  registration page by using the keyword ‘TSUNAMI’ on the station’s  website. All entries received online must be received within the same  registration period for the designated playtime. Any entry received or  made either by text or online after the official registration period  will not be valid and will not be deemed eligible. Deadline for  registration is August 31, 2018 at 5:00 PM ET.  Valid Sweepstakes  entries must contain all information requested and must be received by  the Website’s administrator on or before the deadline for registration.   

 

 Regardless of what method of entry is used, there is a  limit of one (1) entry per person/mobile phone number and/or verified  email address per day for the duration of the Entry Period. Incomplete  and/or invalid or duplicate entries will be disqualified. 

 

Entries  must contain all information requested and comply with all any  applicable restrictions or requirements set forth herein to be valid. By  participating in the Sweepstakes, entrants agree that the Station may  contact them in connection with the Sweepstakes, via phone or text  message, at the telephone number from which the text message entry was  received. The Sponsor is not responsible for entries not received due to  difficulty accessing the internet, service outage or delays, computer  difficulties and other technological problems. The Released Parties (as  defined below) are not responsible for lost, late, undeliverable,  illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or  incomplete entries or communications, regardless of cause. Multiple  entrants are not permitted to share the same email address and/or phone  number. Should multiple users of the same e-mail account or mobile phone  number, as applicable, enter the Sweepstakes and a dispute thereafter  arise regarding the identity of the entrant, the authorized account  holder of said e-mail account or mobile phone account at the time of  entry will be considered the entrant. “Authorized account holder” is  defined as the natural person who is assigned an e-mail address or  mobile phone number by an Internet access provider, on-line service  provider, telephone service provider or other organization which is  responsible for assigning e-mail addresses, phone numbers or the domain  associated with the submitted e-mail address. Proof of submission of an  entry shall not be deemed proof of submission or receipt by the Sponsor  for online entries. The Sponsor’s computer will be deemed the official  time keeping device for the Sweepstakes. Entries will be disqualified if  found to be incomplete and/or if prohibited multiple entries are  determined. Entries in excess of the above stated limit will be declared  ineligible. All entries become the property of Sponsor and will not be  receipt acknowledged or returned. Sponsor’s decisions as to the  administration and operation of the Sweepstakes and the selection of  potential winners are final and binding in all matters related to the  Sweepstakes. The Sponsor assumes no 

responsibility for entrants  not making timely texts to the Sponsor. The Sponsor assumes no  responsibility for entrants not receiving the short code as a result of  the delays or issues in the Internet stream or otherwise.  

 

Entry  by sending a text message will not improve your chance of winning. Text  message entries must meet all requirements set forth herein in order to  be eligible.  The text messaging method of entry is designed to work  with most of the U.S. major wireless carriers in the United States, but  the Sponsor makes no guarantee that any particular wireless service  provider will participate. To enter by text, the mobile phone that is  used must be capable of sending and receiving text messages. Entrants  should check their phone’s features to see if they have that capability.  Wireless service providers may charge entrants for each text message,  including any error message that is sent and received in connection with  the Sweepstakes, based on the applicable wireless service pricing plan.  By texting to enter, the entrant grants permission to the Sponsor to  notify them via a return text messages relating to the Sweepstakes and  must agree to accept all applicable charges associated therewith.  Entrant is responsible for all applicable fees and taxes associated with  placing a text message entry. Sponsor in its sole discretion may add or  delete a cellular carrier at any time, without notice. Proof of text  messaging to the short code is not considered proof of delivery to, or  receipt by, Sponsor of such entry.  Entrants are restricted to the use  of ordinary telephone equipment. The Sponsor disclaims all liability for  the inability of a entrant to complete or continue a telephone call due  to equipment malfunction, busy lines, inadvertent disconnections, acts  beyond the Sponsor’s control, or otherwise. By participating in a  Sweepstakes in which text message-based entry is permitted, entrants  acknowledge that text messages are distributed and delivered through  third party providers; neither the Sponsor nor Station guarantee, nor  shall either be responsible for, the delivery or timeliness of any text  message entry. Not all wireless carries support access to a common short  code (CSC). The CSC being used to enter a Sweepstakes may or may not be  compatible with all wireless carriers, and as such, you may not be able  to enter through the CSC method of entry. The Sponsor will at all times  consider the time that a message is logged as arriving in its system as  being the time of entry, regardless of the time at which the entrant  attempted to send the entry and any technical problems or other  complications that may have delayed its delivery. The Sponsor, through  its third party text messaging administrators, will store all messages  received on its system, and will send entrants reply texts relating to  the Sweepstakes throughout the Entry Period and up to 60 days. The  Sponsor is not responsible for service outages, message failures,  transmission delays or any other factor affecting the availability or  performance of the text messaging service. The Sponsor may require, on  request, proof of identity as to the rightful owner of the phone number  from which the text message entry was sent. The Sponsor reserves the  right, in its sole discretion, to disqualify any entry if that entry's  source and sender cannot be reasonably determined. BY TEXTING TO ENTER,  THE ENTRANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA ONE (1)  RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE  CHARGES ASSOCIATED THEREWITH. ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE  AT LEAST ONE (1) TEXT MESSAGE IN RESPONSE TO THE ORIGINAL SUBMISSION.  

 

3.  WINNER SELECTION.  On our about the dates set forth below, the Sponsor  will randomly select one (1) potential Sweepstakes winner from among all  eligible entries received during the given Entry Period for a total of  four (4) Sweepstakes winners throughout the Sweepstakes Period.  

 

August 10, 2018 - 1 Winner 

August 17, 2018 - 1 Winner 

August 24, 2018 - 1 Winner 

August 31, 2018 - 1 Winner 

 

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.  

 

On or about the  dates set forth above in Section 3, 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.  

 

4. PRIZE(S).  

 

FOUR (4) GRAND PRIZES: 

 

PRIZE DESCRIPTION.  Each Grand Prize Winner will receive a $100 Gift Certificate to Tsunami Surf Shop (Valued at $100)  

 

Approximate Retail Value (“ARV”): each prize $100 

 

No  more than the advertised number of prizes shall be awarded. The prize  is subject to certain terms and conditions as specified herein. A prize  may not be sold, traded, or commissioned, and is not exchangeable,  transferable, substitutable, or redeemable for cash except in Sponsor's  sole discretion. Prize details and availability are subject to change.  Sponsor is not the supplier or guarantor of any prize, unless otherwise  specified. Prizing may be fulfilled by a third-party fulfillment  Sponsor. The prize will only be awarded if properly claimed according to  the Rules. All costs and expenses related to the prize acceptance, the  prize, and/or prize use not specified herein as being provided are the  sole responsibility of winner(s).  

 

All prizes provided by: TSUNAMI SURF SHOP 

 

Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.   

 

Conditions  and restrictions may apply. Limit: One (1) prize per person/household.  ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT  RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY  KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE  (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY  OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY  DISCLAIMED.  

 

5. TAMPERING AND DELIVERY DISCLAIMER. (a)  The Sponsor, in its sole discretion, reserves the right to disqualify  and prohibit from participating (and void such person’s entries) any  person, who the Sponsor determines (in 

its sole discretion) is or  is attempting to: (i) tamper with the Sponsor’s website and/or any part  of the Sweepstakes; (ii) undermine the legitimate operation of the  Sweepstakes by cheating, deception, or other unfair playing practices,  (iii) or intending to annoy, abuse, threaten or harass any other  entrants, the Sponsor, or the Released Parties or exhibits other  unsportsmanlike behavior; and/or (iv) otherwise violate these Official  Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO  DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR  ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS  SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY  SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE  RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH  PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT  PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF  MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF)  AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM  AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES  (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED  AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE  USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY  OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES. The use of any automated  device, automated launching or entry software or any other mechanical or  electronic means that permits the entrant to automatically enter or  evaluate repeatedly is prohibited. The Sponsor disclaims all liability  for any delays, misdelivery, loss, or failure in the delivery of any  item sent by mail, courier, express, electronic transmission, or other  delivery method.  

 

Released Parties are not responsible  for: (1) mechanical, technical, electronic, communications, telephone,  computer, hardware or software errors, malfunctions or failures of any  kind, including: failed, incomplete, garbled or delayed transmission of  online entries, traffic congestion on telephone lines, the Internet or  at any website or lost or unavailable network connections which may  limit an online entrant's ability to participate in the Sweepstakes; (2)  any injury or damage to entrant’s or any other person’s computer  related to or resulting from participating in or downloading any  information necessary to participate in the Sweepstakes; (3) any  incorrect or inaccurate information, whether caused by entrants,  printing errors or by any of the equipment or programming associated  with or utilized in the Sweepstakes; (4) technical failures of any kind,  including, but not limited to malfunctions, interruptions, or  disconnections in phone lines or network hardware or software; (5)  unauthorized human intervention in any part of the entry process or  operation of the Sweepstakes; or (6) technical or human error which may  occur in the administration of the Sweepstakes or the processing of  entries. 

 

The Sponsor further reserves the right to: (i)  cancel, terminate, suspend, declare null or void, amend, alter, or  modify the Sweepstakes, void any suspicious entries, rescind any prize,  and/or determine absolute resolution, and/or an alternate method of  conducting the Sweepstakes and/or awarding the prize(s) at any time, for  any reason, or if, in the sole discretion of the Sponsor, it is  impossible or impractical to complete or conduct the Sweepstakes as  planned for any reason, including, but not limited to, infection by  computer virus, bugs, tampering, unauthorized intervention, fraud,  technical failures of any sort, programming associated with or used in  the Sweepstakes, by any human error which may occur in the execution of  this Sweepstakes, or any other causes which effect the operation of the  Sweepstakes or the rules of the integrity of the Sweepstakes have been  violated or compromised in any way, intentionally or unintentionally by  any person whether or not a entrant in the Sweepstakes and/or (ii) stop  or conclude the Sweepstakes at any time without prior notice. Material  changes to the Official Rules will be broadcast on-air, when practical.  In the event of termination of the Sweepstakes by Sponsor, Sponsor  reserves the right to award any prize(s) in a manner deemed fair and  equitable by Sponsor.  

 

6. PUBLICITY. Except where  prohibited, by accepting a prize, winner(s) grant the Sponsor and  Station(s) permission to use their names, characters, images, voices,  and likenesses worldwide, in perpetuity, in any and all media now known  or hereinafter invented in any and all marketing and promotional  materials and waive any claims to royalty, right, or remuneration for  such use. Each winner’s name may be included in a publicly available  winners list. 

7. USE OF PERSONAL INFORMATION.  The Sponsor will  retain the entrant's personal data for a reasonable period of time to  enable it to send that entrant any prize that they have won and to  verify that these Official Rules have been complied with, and for  accounting purposes. This data may be passed to a third party to enable  such third party 

to fulfill any necessary requirements relating  to the award of a prize. Any other use of personal data will be in  accordance with, and subject to, the Sponsor’s Privacy Policy located  here. Entrant may have the opportunity to opt-in to receive emails from  third parties. In the event that entrant opts in to any available  opportunities to receive information from a third party, that may or may  not be associated with this Sweepstakes, entrant understands and  acknowledges that his/her information will be provided to such third  party and may be used by the third party as set forth in the third  party’s privacy policy.  Any available opt-in opportunities are not  required to enter the Sweepstakes, and opting in will not improve your  chances of winning.  

8. RELEASES, CONDITIONS, AND LIMITATIONS OF  LIABILITY. By participating in the Sweepstakes, each entrant agrees to  release and waive any and all claims of liability against the   Sweepstakes Entities and any applicable third party fulfillment service  and each of their respective employees and agents (collectively, the  “Released Parties”) from and against from any and all liability, loss or  damage (including personal injury) incurred with respect to the conduct  of or participation in the Sweepstakes, or the awarding,  shipping/handling, receipt, possession, and/or use or misuse of any  prize, including any travel related thereto. By accepting the prize,  winner(s) hereby agrees that: (i) to release each of the Released  Parties from any and all claims in connection with the Sweepstakes and  the award or use of the prizes; and (ii) where allowed by law, sign a  publicity release confirming consent to use the winner’s name/likeness  as set forth in Section 6 prior to acceptance of the prize. The Released  Parties are not responsible or liable to any entrant or winner or any  person claiming through such entrant or winner for failure to supply the  prize or any part thereof, by reason of any acts of God, any action,  regulation, order or request by any governmental or quasi-governmental  entity (whether or not the action, regulations, order or request proves  to be invalid), equipment failure, threatened terrorist acts, terrorist  acts, air raid, blackout, act of public enemy, earthquake, volcanic  eruption, war (declared or undeclared), fire, flood, epidemic,  explosion, unusually severe weather, hurricane, embargo, labor dispute  or strike (whether legal or illegal) labor or material shortage,  transportation interruption of any kind, work slow-down, civil  disturbance, insurrection, riot, or any other cause beyond the  Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor  will have no further obligation to winner. 

 

9. TAXES. Any  valuation of the prize(s) stated above is based on available  information provided to the Sponsor, and the value of any prize awarded  to a winner may be reported to the IRS as required by law. Each winner  is solely responsible for reporting and paying any and all applicable  federal, state, and local taxes, related to prize acceptance and use not  specified herein. Each winner must provide the Sponsor with valid  identification and a valid taxpayer identification number or social  security number before any prize will be awarded. Any person winning  over $600 in prizes from the Sponsor in a calendar year will be issued  an IRS Form 1099 reporting the value of those prizes to the IRS. 

 

10.  CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and  binding on all matters relating to this Sweepstakes. Persons who violate  any rule, gain unfair advantage in participating in the Sweepstakes, or  obtain winner status using fraudulent means will be disqualified. The  Sponsor will interpret these Rules and resolve any disputes, conflicting  claims or ambiguities concerning the rules or the Sweepstakes and the  Sponsor’s decisions concerning such disputes shall be final. If, for any  reason, more bona fide winners are notified than prize(s) available,  prize(s) will be awarded in a random drawing from among all such  persons. Inclusion in such drawing shall be each entrant's sole and  exclusive remedy under such circumstances. Any reference in these  Official Rules or as part of the Sweepstakes to the Sponsor’s and/or  Station’s "discretion" and/or any exercise of discretion by the Sponsor  or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered  discretion." The Sponsor further reserves the right to terminate the  Sweepstakes if in its sole judgment, the rules or the integrity of the  Sweepstakes have been violated or compromised in any way, intentionally  or unintentionally by any person whether or not a entrant in the  Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will  award the prize(s) in a random drawing from all eligible entries  received prior to termination.  If applicable material changes to the  Sweepstakes rules will be broadcast on-air and available on-line at the  Station’s website, when practical. The Sponsor’s failure to enforce any  term of these Official Rules shall not constitute a waiver of this  provision. 

 

11. BINDING ARBITRATION.  Any controversy or  claim arising out of or relating to the Sponsor Sweepstakes shall be  settled by binding arbitration in a location determined by the  arbitrator as set forth herein (provided that such location is  reasonably convenient for claimant), or at such other location as may be  mutually agreed upon by the 

parties, in accordance with the  procedural rules for commercial disputes set forth in the Comprehensive  Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”)  then prevailing, and judgment upon the award rendered by the  arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitrator shall be selected pursuant to the JAMS Rules and  Procedures. The arbitrator shall apply Texas law consistent with the  Federal Arbitration Act and applicable statutes of limitations and shall  honor claims of privilege recognized at law. In the event that the  claimant is able to demonstrate that the costs of arbitration will be  prohibitive as compared to the costs of litigation, Sponsor will pay as  much of the claimant’s filing and hearing fees in connection with the  arbitration as the arbitrator deems necessary to prevent the arbitration  from being cost-prohibitive. If any part of this arbitration provision  is deemed to be invalid, unenforceable or illegal (other than that  claims will not be arbitrated on a class or representative basis), or  otherwise conflicts with the rules and procedures established by JAMS,  then the balance of this arbitration provision shall remain in effect  and shall be construed in accordance with its terms as if the invalid,  unenforceable, illegal or conflicting provision were not contained  herein. If, however, the portion that is deemed invalid, unenforceable  or illegal is that claims will not be arbitrated on a class or  representative basis, then the entirety of this arbitration provision  shall be null and void, and neither claimant nor Sponsor shall be  entitled to arbitrate their dispute. Upon filing a demand for  arbitration, all parties to such arbitration shall have the right of  discovery, which discovery shall be completed within sixty days after  the demand for arbitration is made, unless further extended by mutual  agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS  PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A  PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE  PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF  OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER  THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY  ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.  

 

12.  MISCELLANEOUS. Sponsor reserves the right to determine eligibility  should special circumstances arise, all decisions are considered final  and binding. Sponsor disclaims any responsibility to notify entrants of  any aspect related to the conduct of the Sweepstakes. As a condition of  participating in the Sweepstakes, entrants agree (and agree to confirm  in writing) that: (a) under no circumstances will entrant be permitted  to obtain costs, judgments, or awards for, and entrant hereby knowingly  and expressly waives all rights to claim or seek punitive, incidental,  consequential, special, or any other damages, other than for actual,  third-party out-of-pocket expenses, and in such limitation, entrant  further waives any rights to have damages multiplied or otherwise  increased; (b) any and all disputes, claims, or causes of action arising  out of or connected with this Sweepstakes, or any prize awarded, shall  be resolved individually, through binding arbitration as set forth  above, without resort to any form of class action; and (c) any and all  claims, judgments, and awards shall be limited to actual out-of-pocket  costs incurred (if any), excluding attorneys’ fees and court costs. Some  jurisdictions do not allow the limitations or exclusion of liability,  so the above may not apply to every entrant. Participation in the  Sweepstakes constitutes entrant’s full and unconditional agreement to,  and acceptance of these Official Rules. Winning a prize is contingent  upon entrant’s fulfillment of all requirements set forth herein.  

 

13.  COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions  concerning the construction, validity, interpretation and enforceability  of the Sweepstakes Official Rules, or the rights and obligations of  entrant and Sponsor in connection with the Sweepstakes, shall be  governed by, and construed in accordance with, the laws of the State of  Texas, U.S.A., without giving effect to the conflict of laws rules  thereof, and any matters or proceedings which are not subject to  arbitration as set forth in Section 11 of these Official Rules and/or  for entering any judgment on an arbitration award, shall take place in  the State of Texas, in the City of San Antonio.

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