OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sweepstakes Name: KOST 103.5 Disney Cruise Escape – JULY 2019 (the “Sweepstakes”)
Station: KOST 103.5 (the “Station”)
Station Address: 3400 West Olive Ave. Suite 550, Burbank, CA 91505
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours, send your request by mail at iHeartMedia + Entertainment, Inc., ATTN: KOST 103.5 Disney Cruise Escape Sweepstakes at 3400 West Olive Ave. Suite 550, Burbank, CA 91505 or visit the website https://kost1035.iheart.com/ .
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., ATTN: KOST 103.5 Disney Cruise Escape Sweepstakes at 3400 West Olive Ave. Suite 550, Burbank, CA 91505.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of California, and (ii) who are 18 years of age or older at the time of entry.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state(s) of California and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the seven (7) days prior – for previous prizes valued under $1,000 – or in the fifteen (15) days prior – for previous prizes valued at $1,000 or more – to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
2.TIMING.Sweepstakes begins on Monday, July 8, 2019 at 7:00:00 a.m. Pacific Time (“PT”) and ends at 4:00:00 a.m. PT on Friday, July 19, 2019 (“Sweepstakes Period").The Sweepstakes Period includes six (6) entry periods (each an “Entry Period”) as set forth below:
- July 8, 2019 @ 7:00am PT – July 19, 2019 @ 4:00pm PT
ON-AIR:Monday, July 15, 2019 @ 8:00am PT – Friday, July 19, 2019 @ 4:00pm PT
- July 15, 2019: listen between 7:00am PT and 4:00pm PT/4 playtimes
- July 16, 2019: listen between 7:00am PT and 4:00pm PT/4 playtimes
- July 17, 2019: listen between 7:00am PT and 4:00pm PT/4 playtimes
- July 18, 2019: listen between 7:00am PT and 4:00pm PT/4 playtimes
- July 19, 2019: listen between 7:00am PT and 4:00pm PT/4 playtimes
All entries must be received no later than end time/date of the entry period for the applicable Entry to be valid.
The Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Twenty-one (21) entrants will be selected as finalists via the Sweepstakes entry periods to participate in the grand prize drawing (“Grand Prize Drawing”), subject to verification (each a “Finalist”).There are two (2) ways to enter the Finalist Drawing for the opportunity to become a Finalist (each an “Entry Method”) as follows:
- Online Registration Entry Method: To enter Sweepstakes via the Online Registration Entry Method, during the Online Registration Entry Period, go to the Station’s Rewards website, https://kost1035.iheart.com/contests/ (the “Website”) and follow the links and instructions to access the registration form.Fill out the registration form with all required information (including your name, telephone number, email address, date of birth, and any other information requested by the Sponsor) to receive one (1) entry into the Online Registration random drawing. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
- On-Air Entry Method: Beginning Monday, July 15, 2019, listen to the participating Station weekdays between 7:00:00 am PT and 4:00:00 pm PT throughout the Sweepstakes Period for the cue to call in and be the selected caller to the designated Sweepstakes announced.Throughout the Sweepstakes Period, each Entry Period (as listed above) a “sounder” or cue to call will be aired at various times along with a message instructing listeners to call for a chance to become a Potential Finalist. The participating Stations may or may not choose to announce exact times the cues will be played.
- The participant must be the designated caller, from all callers calling-in from participating Stations, to the phone number announced; the designated caller, if eligible, will be declared a potential Finalist. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential Finalist for that playtime. Listen to the Station for details on specific times to play. The dates and times of station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating stations, at their sole discretion may or may not choose to air all playtimes due to programming obligations and other factors.
- The Sponsor assumes no responsibility for entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
- WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
On-Air - Throughout the Sweepstakes Period, there will be a total of four (4) randomly scheduled playtimes each weekday.A total of twenty (20) potential on-air Finalists subject to verification, shall be selected to participate in the grand prize drawing.
Online - A total of one (1) online entrant will be randomly selected to become the online Finalist and participate in the grand prize drawing.
Finalists WILL receive a prize for being selected as a Finalist.
Finalist Notification: is deemed to have occurred immediately at the time of call-in.
A total of twenty-one (21) Finalists will participate in the Grand Prize Drawing. On or about Monday, July 22, 2019, the Sponsor will randomly select one (1) Grand Prize Sweepstakes winner from among the twenty-one (21) eligible Finalists. Odds of winning a prize depend on the number of eligible entries received.
Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Winner Notification: Winner will be notified within three (3) days of the last day of the Sweepstakes, via e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within twenty-four (24) hour(s) of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
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.
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.
TWENTY-ONE (21) Finalist Prizes: Each Finalist will receive one (1) $100 Disney Gift Card.
Approximate Retail Value (“ARV”): $100.00
One (1) Grand Prize: One (1) 4-Night Bahamian Cruise aboard the Disney Dream, including - One (1) stateroom for up to four (4) guests, Four (4) roundtrip airfare between the major U.S. gateway closest to the winner’s residence and Orlando International Airport., Roundtrip ground transportation between Orlando International Airport and Port Canaveral, All meals onboard the ship (except Palo & Remy fine dining), Pre-paid gratuities, government taxes and fees (defined on DisneyCruise.com).
Travel must occur between: July 15, 2019 through July 31, 2020. Vacation must be booked at least 45 days prior to the intended travel dates. Go to www.disneycruise.com to view available sail dates.
Blockout Dates: 07/17/19; 07/29/19; 08/05/19; 08/12/19; 11/25/19; 12/23/19; 12/30/19; 02/17/20;
03/09/20; 03/16/20; 03/23/20; 03/30/20; 04/06/20; 04/13/20; 04/20/20; 05/18/20; 05/25/20; 06/01/20;
06/08/20; 06/17/20; 07/01/20; 07/13/20; 07/20/20; OR 07/27/20
Approximate Retail Value (“ARV”) of Grand Prize package: $7,617.36
All prizes provided by: Disney Destinations, LLC
Actual dates of vacation are subject to availability and restrictions at Disney Cruise Line® and airline seat availability. Travel may not occur during cruise ship or airline blockout periods.
Vacation is for the winning person and three (3) guests of the winner’s choosing. Winner and guests must travel together on the specified itinerary. Minors under the age of 18 not traveling with a parent or legal guardian must be accompanied by an adult over the age of 21 in the same stateroom. The parent or legal guardian of any minor not traveling with a parent or legal guardian must appoint an adult to have custody and control over their minor and to contract on their behalf in connection with the vacation. An appointment form will be included in the document package and must be signed by the parent or legal guardian prior to embarkation at the Disney Cruise Line® terminal.
• If any winner chooses to bring less than the allotted number of guests, the vacation will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the winner. Any portion of the vacation not accepted by a winner will be forfeited.
• The winner and his/her guests will be required to execute a liability/publicity release form prior to booking of any travel. Failure to return the executed release form within the specified time period will result in forfeiture of the vacation.
• Any lost or stolen tickets or travel vouchers will not be replaced.
• Vacation may not be sold, traded, transferred, refunded, commissioned, redeemed for cash, rescheduled to dates other than as set forth above, or used in conjunction with any other promotion or offer. Vacation elements may not be substituted and vacation are noncommissionable.
• Winner and guests are responsible for providing proper citizenship documentation to travel which may include passports, valid alien registration card and/or necessary visas. Those without proper citizenship documentation will be denied boarding. It is the Winner and Guests’ responsibility to check with their travel agent, government agencies, embassies or consulates prior to their vacation to ensure that they have proper citizenship documentation. U.S. Citizens can also visit the State Department’s travel website at www.travel.state.gov, or call the U.S. National Passport Information Center at (877) 4USA-PPT for more information. Guests of all ages are strongly encouraged to obtain passports.
• Winner is responsible for ensuring that winner and his/her guests have proper citizenship documentation.
• Actual final retail value of trip may be higher or lower based on departure. Prize elements may be subject to additional restrictions. Winner and all guests must travel together on specified itinerary. All travel dates and arrangements are subject to change based on availability and providers approval. Any portion of a prize not accepted by winner will be forfeited.
• Officers, directors, and employees (and members of their household or immediate family, i.e. parents, children, spouse, siblings, grandparents, the “steps” of each and persons residing in such immediate family members' household) of Sponsor, Disney Destinations, LLC, their respective parent, related, affiliated and subsidiary companies, their advertising, promotion and web design agencies, all other entities involved in the creation, administration, or fulfillment of the Sweepstakes and their respective successors and assigns are not eligible to enter or win.
Items that are not included as part of the vacation are:
• Shore excursions
• Travel insurance
• Laundry service
• Spa treatments
• Alcoholic beverages
• Flounder’s Reef Nursery charges
• Local and long distance telephone calls
• Ship to shore communications including internet
• Merchandise and souvenirs
• Additional tips and gratuities not specifically set forth above
• Transportation between winner’s residence and the departure airport
• Airline baggage fees
• All other costs and expenses not otherwise described above
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
Conditions and restrictions may apply. Winner(s) and winner’s household members cannot have won a prize through any Sponsor promotion in the seven (7) days prior to this Sweepstakes start date for prizes valued UNDER $1,000. Upon winning a prize valued at $1,000 or more or winning a trip from any iHeartMedia LA station, the household may not win a second trip or prize valued at $1,000 or more in the fifteen (15) days period following the first previous win. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6.PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
8.RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against theSweepstakes 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.