Great Family Cruise Getaway Rules 2018

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: Great Family Cruise Getaway (the “Sweepstakes”) 

 

Participating Stations: WRWD, WRWB, WHUC, WCTW, WZCR, WKIP, WJIP, WPKF, WBWZ, WRNQ (collectively the “Stations”) 

 

Station Address: 20 Tucker Drive, Poughkeepsie, NY 12603 

 

Telephone: 845-471-2300 

 

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 20 Tucker Drive, Poughkeepsie, NY 12603. 

 

List  of Winner(s): For the name(s) of the winner(s) send a stamped,  self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Ultimate  Family Vacation Sweepstakes, 20 Tucker Drive, Poughkeepsie, NY 12603. 

 

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 21 years of age or older at the time of entry,  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.  Sweepstakes begins on May 21,  2018 at 12:00:00 a.m. ET and ends at 7:00:00 p.m. ET on June 20, 2018  (“Entry Period”).  The Entry Period in which entrants can submit a  Sweepstakes entry into the Finalist Drawing will be determined by the  applicable Entry Method as follows: 

 

 

Entry Number of Entry Method Start Time/Date Entry Method End Time/Date 

Method Entry Periods for Entry Method   12:00:00 AM ET  12:00:00 PM ET 

Online 

Registration 1  May 21, 2018 June 20, 2018 

Register at 

Point of 

Purchase 

(“POP”) 1 May 21, 2018 June 20, 2018 

 

All entries must be received no later than end time/date of the entry period for the applicable Entry to be valid. 

 

How to enter the Finalist Drawing:  

 

One  Hundred Seventy (170) entrants will be randomly selected as finalists  to participate in the Grand Prize Event, subject to verification (each a  “Finalist”).  There are three (3) ways to enter become a Finalist (each  an “Entry Method”) as follows: 

 

All entries must be received no later than end time/date of the entry period for the applicable Entry to be valid. 

 

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. 

 

(1) Online Registration  Entry Method:  To enter Sweepstakes via the Online Registration Entry  Method, during the Online Registration Entry Period, go to the Station’s  website, www.wrwdcountry.com, www.q92hv.com, www.kissfmhv.com,  www.z93hv.com, www.1450wkip.com, www.985thecat.com, www.oldies935.com (  (the “Website”), and follow the links and instructions to access the  registration form.  Fill out the registration form with all required  information (including your name, telephone number, email address, date  of birth, and any other information requested by the Sponsor) to receive  one (1) entry into the Online Registration random drawing.  

*  Online Registrations must be received by June 20, 2018 at 12:00:00 pm ET  to be valid.  Limit: one (1) entry per person/email address per Day  during the Online Registration Entry Method.  For purposes of this Entry  Method, a Day is defined as each calendar day, beginning at 12:00:00 am  ET and ending at 11:59:59 pm ET on the same calendar day. Valid entries  must contain all information requested. Incomplete and/or multiple  entries will be disqualified.  

  

(2) Register at Point of  Purchase:  To enter Sweepstakes at Point of Purchase, register at  participating locations beginning May 21, 2018 during normal business  hours by completing an official entry form. Fill out the registration  form with all required information (including your name, telephone  number, email address, date of birth, and any other information  requested by the Sponsor) to receive one (1) entry into the Point of  Purchase random drawing.  Drop completed entries into the registration  box.  All entries must be received by the close of business on June 20,  2018. Limit: one (1) entry per person, per sweepstakes period. Valid  entries must contain all information requested. Incomplete and/or  multiple entries will be disqualified.   

 

 

Participating Retailers Address City  State 

Crunch Fitness Poughkeepsie 2 Neptune Road Poughkeepsie New York  

Crunch Fitness Middletown 109 Dunning Road  Middletown New York 

IXL Health & Fitness Club Rhinebeck 3752 NY-9G Rhinebeck New York 

IXL Health & Fitness Club Saugerties 3139 Route 9W Saugerties New York 

Montano’s Shoe Store 77 Partition St Saugerties New York 

Poughkeepsie Plaza 2586-2600 South Rd Poughkeepsie New York 

Kingston Nissan 140 Route 28 Kingston  New York 

Murphy’s Realty Group 304 Wall Street Kingston New York 

Bagels & Bites 3497 Route 9W Highland New York 

In The Cut Barbershop in Fishkill Main Street Fishkill New York 

Mid-Hudson Valley Federal Credit Union 1099 Morton Boulevard Kingston New York 

Mid-Hudson Valley Federal Credit Union 123 Hurley Avenue Kingston New York 

Mid-Hudson Valley Federal Credit Union 3180 Route 9W Saugerties New York 

Mid-Hudson Valley Federal Credit Union 5 Wingate Way Highland New York 

Mid-Hudson Valley Federal Credit Union 85 Mill Hill Road Woodstock New York 

Mid-Hudson Valley Federal Credit Union 185 Broadway, Route 9W Port Ewen New York 

Mid-Hudson Valley Federal Credit Union 7472 South Broadway Red Hook New York 

Mid-Hudson Valley Federal Credit Union 6567 Springbrook Avenue Rhinebeck New York 

Mid-Hudson Valley Federal Credit Union 21 Burnett Blvd Suite 2 Poughkeepsie New York  

Mid-Hudson Valley Federal Credit Union 1516 Route 55 Lagrangeville New York 

Mid-Hudson Valley Federal Credit Union 584 Route 9 Suite 100 Fishkill New York 

Mid-Hudson Valley Federal Credit Union 1224 Route 300 Newburgh New York 

Mid-Hudson Valley Federal Credit Union 360 Route 211 East Middletown New York 

 

Once  an entrant is selected as a Finalist via any of the Entry Methods  above, he/she cannot achieve additional entries into any Finalist  Drawing via any Entry Method.   

 

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 with which they entered the contest. 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.  

 

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. FINALIST DRAWING/SELECTION: Eligible  entrants are to listen to the participating station(s) weekdays between  7:00 am ET and 7:00pm ET beginning Tuesday May 29, 2018 at 7:00am ET  until Wednesday June 20, 2018 at 7:00 pm ET for their name to be  announced as a potential Finalist. The Sponsor will randomly select the  potential Finalists over the sweepstakes period from among all eligible  entries. If you hear the radio station announcer call out your name, you  must call the designated contest line at 845-790-1717 within 10 minutes  to become a Finalist. If the entrant is unable to verify registration  information the entrant will be disqualified. If the entrant does not  call within the allotted time, the entrant will not be considered a  Finalist. The Sponsor, in its sole discretion, reserves the right to  select an alternate entry to announce for that playtime.  A total of one  hundred seventy (170) Finalists will be selected.  

 

Each  Finalist must be available to attend, participate in, and be eligible  for the Grand Prize Event held on Friday, June 22, 2018 beginning at  5:00 pm ET and ending approximately 7:00 pm ET at Crunch Fitness  (located at 2 

Neptune Rd. Poughkeepsie, NY 12601). All costs  associated with attending the Grand Prize Event, including, but not  limited to any transportation to/from the event are the sole  responsibility of each Finalist. The Sponsor reserves, at its sole  discretion, the right to choose an alternate Finalist in the event that  that a Finalist has been disqualified or is deemed ineligible for any  reason.  

 

Finalists will be notified as follows:  

 

*  On-Line Registration Official Finalists will be notified via the email  address and/or phone number provided during registration.   

*  Texting Registration Official Finalists will be notified via the email  address and/or phone number provided during registration.   

*  Registration at Participating Sponsor Locations Official Finalists will  be notified via the email address and/or phone number provided during  registration.   

 

Official Finalists will not receive any prize for being selected as a Finalist. 

 

Notification  is deemed to have occurred immediately upon placing of a phone call or  sending of an e-mail or any other form of communication Sponsor may use  to contact the Finalists 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 Sponsor is not obligated to leave  voice mail, answering machine, or other message. The Sweepstakes  Entities are not responsible for and shall not be liable for late,  misdirected or unsuccessful efforts to notify a Finalist and/or  potential winners, 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.  

 

4. GRAND PRIZE  EVENT:  Only verified and qualified Official Finalists may participate  in the Grand Prize Event, held on Friday, June 22, 2018 from 5:00 pm EST  to 7:00 pm EST at Crunch Fitness (located at 2 Neptune Rd.  Poughkeepsie, NY 12601).  Upon arrival to the Grand Prize Event, and  before 5:45:00 pm EST, all Official Finalists will be required to check  in with Station representatives and register to be eligible to  participate in the Grand Prize Event.  If, for any reason, any Official  Finalist does not arrive to the Grand Prize Event and check in and  register before 5:45:00 pm EST, such Official Finalist may be deemed  ineligible and may be disqualified, in the Sponsor’s sole discretion.  Official Finalist must be present to win, no stand-ins or substitutions  will be permitted. When checking in, finalist must provide photo ID that  matches the address given at time of qualifier verification.  Time of  the Grand Prize event is subject to change.  

 

Winner  Selection:  There will be one (1) Sweepstakes winner randomly selected  from among all Official Finalists at the Grand Prize Event.  The winner  will be selected as follows: between 6:00PM and 7:00PM, at the Grand  Prize Event. The Sponsor will conduct a reverse drawing to determine the  Grand Prize Winner. If the potential winner is disqualified, the  Sponsor reserves the right to determine an alternate winner by  conducting a random drawing from among all eligible Official Finalists  still in attendance at the Grand Prize Event, who will also be subject  to verification.  

 

Potential Sweepstakes winner(s) is  subject to verification, including verification of eligibility. If an  entrant is unable to verify his/her information, the entrant will  automatically be disqualified and their prize, if any, will be  forfeited. The Sponsor reserves the right to determine an alternate  winner in accordance with these Official Rules in the event that that  any winner is disqualified, cannot be contacted, or is deemed ineligible  for any reason, or is not available to participate in any applicable  Sweepstakes events.  

 

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.  

 

5. PRIZE(S).  

 

One  (1) Grand Prize:  One (1) Embassy Travel $5,000 travel voucher (Retail value not greater than $5,000). No cash will be awarded. Any amount of  the travel voucher that remains unused by winner(s) will be forfeited by  the winner(s).  Winners must use their prize within one year from when the prize is awarded (between June 22, 2018-June 22, 2019). Station is not responsible for difficulties caused by weather conditions.  

 

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: iHeartMedia of the Hudson Valley. 

 

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.  

 

6. TAMPERING AND DELIVERY DISCLAIMER. (a)  The Sponsor, in its sole discretion, reserves the right to disqualify  and prohibit from participating (and void such person’s entries) any  person, who the Sponsor determines (in its sole discretion) is or is  attempting to: (i) tamper with the Sponsor’s website and/or any part of  the Sweepstakes; (ii) undermine the legitimate operation of the  Sweepstakes by cheating, deception, or other unfair playing practices,  (iii) or intending to annoy, abuse, threaten or harass any other  entrants, the Sponsor, or the Released Parties or exhibits other  unsportsmanlike behavior; and/or (iv) otherwise violate these Official  Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO  DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR  ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS  SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY  SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE  RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM 

ANY  SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT  PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF  MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF)  AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM  AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES  (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED  AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE  USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY  OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES. The use of any automated  device, automated launching or entry software or any other mechanical or  electronic means that permits the entrant to automatically enter or  evaluate repeatedly is prohibited. The Sponsor disclaims all liability  for any delays, misdelivery, loss, or failure in the delivery of any  item sent by mail, courier, express, electronic transmission, or other  delivery method.  

 

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

 

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

 

7. 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. 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 c 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.  

9. 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. 

 

10. 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. 

 

11.  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. 

 

12. 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.  

 

13.  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.  

 

14.  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 12 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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