KOST 103.5 Private Holiday Party 2021 Sweepstakes (the “Sweepstakes”)


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 Private Holiday Party 2021 Sweepstakes (the “Sweepstakes”)

Station: KOST (the “Station”)

Station Address: 3400 West Olive Ave., Suite 550, Burbank, CA 91505

Telephone: 818-559-2252

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 Private Holiday Party 2021 Sweepstakes at 3400 West Olive Ave., Suite 550, Burbank, CA 91505 or visit the websitehttps://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 Private Holiday Party 2021 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 16 years of age or older at the time of entry (“Entrant”). 

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, Disney Destinations, LLC (“Prize Provider”) and any other 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. 

Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one prize to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days per station. An individual may not win more than three (3) times in thirty (30) days (local and national combined). Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.

2.    TIMING. The Sweepstakes begins on Monday, November 1, 2021 at 6:00:00 a.m. PT and ends at 9:00:00 p.m. PT on Tuesday, December 7, 2021 (“Sweepstakes Period"). The Entry Period in which entrants can submit a Sweepstakes entry into the Sweepstakes will be determined by the applicable 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.

**Only one (1) prize (a total of four [4] Event Tickets) will be awarded from any method of entry per householdfor the duration of the Sweepstakes**

DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.

  1. On-Air Entry Method:Beginning Monday, November 1, 2021 listen to the Station weekdays (excluding Thursday, November 25 and Tuesday, November 30, 2021) between 6:00am and 8:00pm Pacific Time throughout the On-Air Entry Period for the DJ to announce the cue to call and be the selected designated numbered caller to the Station’s contest line at 1-800-929-KOST (800-929-5678). The correct caller will win the announced prize.
  • Winner must be the designated caller to the phone number announced; the designated caller, if eligible, will be a winner. If Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the winner for that playtime. 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 nor on November 25, 30, 2021 unless announced on-air.

There will be a minimum of fourteen (14) randomly scheduled playtimes each day during the On-Air Entry Period. A minimum of one (1) winner per designated cue to call-in playtime, subject to verification, shall be selected to win the prize. A total of four hundred (400) possible On-Air Entry Winners for the Sweepstakes Period.

2.Online KOST Rewards Registration Entry Method:  To enter the Sweepstakes via the Online KOST Rewards Registration Entry Method, during the Online KOST Rewards Registration Entry Period, go to the Station’s KOST Rewards website,www.kost1035.com/rewardsand follow the links and instructions to access the registration form. Fill out the registration form with all required information. Valid entries must contain all information requested. See KOST Rewards for information on how to enter.

Online KOST Rewards Registrations must be received by Tuesday, December 7, 2021 at 11:59 pm PT to be valid. A total of fifty (50) registration entrants will be randomly selected to become a Winner. Winners will be notified via email.

3.Register at a KOST Event:To enter the Sweepstakes at an event, register in person at one of the Station’s designated remote appearances by scanning the QR code on the KOST display inside of a designated Smart & Final store. Complete the official entry form that appears with all required information (including your name, telephone number, email address, date of birth, and any other information requested by the Sponsor) on November 3, 4, 9, 10, 11, 16, 17, 18, 29 & December 2, 2021 from 4:00pm PT to 6:00pm PT on that day. Listen to the Station on the above listed days at or about 2:00pm PT to find out the locations of the KOST Events or visit kost1035.com. Winners will be selected through random drawings at these ten (10) events.Limit: one (1) entry per person at each stop. A total of one hundred fifty (150) entrants will be randomly selected to become a Winner. Winners will be notified via email.

4.Social KOST Instagram/Twitter/Facebook Registration Entry Method:During the Sweepstakes Period, follow the Station on Instagram atwww.instagram.com/KOST1035fm, Twitter atwww.twitter.com/KOST1035fm, and Facebook atwww.facebook.com/KOST1035and read the post that discusses the Sweepstakes Promotion. Then, comment on the designated KOST post with the hashtag #KOSTSweepstakes to receive one (1) entry into the Sweepstakes.Limit:One (1) entry per person per account/email address/household for the Sweepstakes Period. Entries must contain all information requested and comply with all Content submission requirements set forth herein to be valid. A total of fifty (50) registration entrants will be randomly selected to become a Winner. Winners will be notified via Direct Message.

Automated entries are prohibited and any such use will cause disqualification. Entrants may not enter with multiple email addresses/accounts nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. If it is discovered that you have entered or attempted to enter the Sweepstakes more than the listed limitduring the Sweepstakes Period or have attempted to enter multiple times using multiple identities, accounts or email addresses, or that you submitted or attempted to submit more than the Entry limit provided in the Post, all of your Entries will be declared null and void, and any prize you might have been entitled to will not be awarded.

**Only one (1) prize (a total of four [4] Event Tickets) will be awarded from any method of entry per householdfor the duration of the Sweepstakes**

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 stated 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 must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.

4.    PRIZE(S).The prize(s) that may be awarded to the eligible winner(s) are:

Six hundred fifty (650) prizes: Each prize consists of four (4) tickets (“Event Tickets”) for admission to KOST 103.5 Private Holiday Party atDisney California Adventure®Park (the “Event”) valid only on Wednesday, December 8, 2021 from 8:00 p.m. PT to 11:59 p.m. PT, plus mix-in hours with general park guests from 5:00 p.m. to 8:00 p.m. PT.

The Approximate Retail Value (“ARV”) of each Event Ticket is Twenty Nine Dollars ($29.00).

The ARV of each prize is One Hundred Sixteen Dollars ($116.00). 

ARV of all prizes in this Sweepstakes is Seventy Five Thousand Four Hundred ($75,400.00).

All prizes provided by the Prize Provider  

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

**Only one (1) prize (a total of four [4] Event Tickets) will beawarded from any method of entry per household for the duration of the Sweepstakes**.

No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein and on the Event Tickets. A prize (or any portion thereof) may not be sold, traded, rescheduled to dates other than as set forth herein, or commissioned, and is not exchangeable, transferable, substitutable, assignable, replaceable if lost/damaged/stolen, or redeemable for cash except in Prize Provider’s and Sponsor’s sole discretion. A winner may not charge any guest for participating in the prize. Prize details and availability are subject to change. Prize will be fulfilled by Prize Provider. The prize will only be awarded if properly claimed according to these Rules. The Sponsor, Prize Provider and Sweepstakes Entities are not in any way responsible or liable for injuries or damages resulting from shipping and handling, loss, use or misuse of any prize and/or any prize related activity awarded in this Sweepstakes or from the participation in the Sweepstakes, the prize or any prize-related activity. 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) including, but not limited to, transportation to/from theDisneyland® Resort, parking, hotel accommodations and services, meals/food (other than as provided at the Event), travel insurance, alcoholic beverages, merchandise and souvenirs, incidental expenses, additional tips and gratuities and income taxes.  

COVID-19 Release and Waiver: Winner understands and agrees that this event will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such event. Winner acknowledges that, notwithstanding the safety precautions taken by the stadiums or other venues, and other providers of event-related services, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the event. In all cases, winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the other Released Parties) have any liability in excess of the above-indicated ARV of the event. 

The prize winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask-wearing, testing and may also include quarantine (if mandated). 

By accepting and participating in the prize, winner agrees, on behalf of winner and on behalf of each guest of winner’s party, to Prize Provider’s COVID-19 liability waiver, which is available at https://disneyland.disney.go.com/theme-park-reservations-terms-conditions/. Winner also attests that the winner and each of their guests is aware that the State of California strongly recommends that all guests be fully vaccinated or receive a negative COVID-19 test prior to entering the DISNEYLAND Resort, and that face coverings are required for all guests (ages 2 and up) while indoors, including on many attractions and in enclosed transportation vehicles, regardless of vaccination status. Face coverings remain optional for all guests in outdoor common areas. Please visit Disneyland.com/Updates for important information to know before visiting theDisneylandResort including the latest on required face coverings.

Conditions and restrictions may apply. Limit: One (1) prize per person/household as listed above for this Sweepstakes. Terms and conditions as set forth herein and on the Event Tickets shall apply. Event Tickets may not be used in conjunction with any other promotion or offer. Event Ticket fulfillment is subject to certain restrictions, and Event Tickets are valid only for admission to the Event and for the limited generalDisney California Adventure®Park admission listed above. Unused Event Tickets will be forfeited. Winner will not receive compensation for Event Tickets that the winner is unable to use due to cancellation of the Event or otherwise, and such unused portion of the prize will be forfeited. A winner who is under the age of eighteen (18) must be accompanied by his/her parent or legal guardian, as such winner’s guest, and who must be at least twenty-one (21) years of age. Each winner understands and agrees that he/she is responsible for any actions, claims or liabilities of any of his/her guests, and that the Prize Provider has the right, in its sole discretion, to disqualify and remove any attendee of the Event from the Event at any time if such attendee’s behavior at any point is disruptive or may or does cause damage to person, property or the reputation of Prize Provider or otherwise violates the rules or policies of theDisneyland® Resort. Attractions, experiences, services, entertainment and offerings may be modified, limited in availability, or unavailable; are subject to change or cancellation without notice; and are not guaranteed. Each winner will receive a total of four (4) Event Tickets as the Prize. Requests of any kind by winners for additional admissions to the Event will not be honored. Admissions to the Event may not be purchased. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR AND PRIZE PROVIDER DO NOT MAKE (AND ARE 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, Prize Provider 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 locatedhere. 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 (and agrees to confirm in writing) to release and waive any and all claims of liability against the Sweepstakes Entities, Prize Provider(s), and any applicable third party fulfillment service and each of their respective parent, related, affiliated and subsidiary entities and their respective officers, directors, employees, agents and assigns (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 and/or any prize related activity, including any travel related thereto. By accepting the prize, winner(s) hereby agrees: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award, use or misuse of any prize or any prize related activity; and (ii) that where allowed by law, to sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement and large gatherings (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease, outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. 

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, Prize Provider’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s, Prize Provider’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 ARBITRATIONAny 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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