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: Nissan Rogue Giveaway / Nor Cal Passport (the “Sweepstakes”)
Station: KYRV (the “Station”)
Station Address: 1545 River Park Dr. #500 Sacramento, CA 95864
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. at 1545 River Park Dr. #500 Sacramento, CA 95864 or visit the website www.937TheRiver.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Nissan Rogue Giveaway / Nor Cal Passport Sweepstakes at 1545 River Park Dr. #500 Sacramento, CA 95864.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of California residing within the following counties: Amador, CA; Calaveras, CA; Colusa, CA; El Dorado, CA; Nevada, CA; Placer, CA; Plumas, CA; Sacramento, CA; San Joaquin, CA; Sierra, CA; Solano, CA; Stanislaus, CA; Sutter, CA; Tuolumne, CA; Yolo, CA; Yuba, CA; and (ii) who are 21 years of age or older at the time of entry (“Entrant”) and (iii) must have a valid California driver’s license and proof of insurance.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state of California (counties listed above) 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.
2.TIMING:Sweepstakes begins on June 10, 2019 at 6:00:00 a.m. PT and ends at 5:00:00 p.m. PT on August 30, 2019 (“Sweepstakes Period") and will be divided into three (3) stages as set forth below:
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
(1)ON-AIR BI-WEEKLY ENTRY PERIOD SCHEDULE (ENTRANTS IN THIS ENTRY METHOD WILL BE ENTERED INTO A POOL ELIGIBLE FOR THE NOR CAL PASSPORT PRIZE) (SEE SCHEDULE BELOW)
(2)ON-LINE ENTRY PERIOD SCHEDULE (ENTRANTS IN THIS ENTRY METHOD WILL BE ENTERED INTO A POOL ELIGIBLE FOR THE NOR CAL PASSPORT PRIZE (SEE SCHEDULE BELOW)
All eligible entries must be received between:
1.Start/End Date and time (06:01:00 am PT to 6:59:59pm PT): June 10, 2019 – June 21, 2019/ 4 playtimes each day
Approximate Drawing Date on or about: June 24, 2019/7 a.m. PT for one (1) prize winner
2.Start/End Date and time (06:01:00 am PT to 6:59:59pm PT): June 24, 2019 – July 5, 2019/ 4 playtimes each day
Approximate Drawing Date on or about: July 8, 2019/7 a.m. PT for one (1) prize winner
3.Start/End Date and time (06:01:00 am PT to 6:59:59pm PT): July 8, 2019 – July 19, 2019/4 playtimes each day
Approximate Drawing Date on or about: July 22, 2019/7 a.m. PT for one (1) prize winner
4.Start/End Date and time (06:01:00 am PT to 6:59:59pm PT): July 22, 2019 – August 2, 2019/4 playtimes each day
Approximate Drawing Date on or about: August 5, 2019/7 a.m. PT for one (1) prize winner
5.Start/End Date and time (06:01:00 am PT to 6:59:59pm PT): August 5, 2019 – August 16, 2019/4 playtimes each day
Approximate Drawing Date on or about: August 19, 2019/7 a.m. PT for one (1) prize winner
6.Start/End Date and time (06:01:00 am PT to 6:59:59pm PT): August 19, 2019 – August 30, 2019/4 playtimes each day
Approximate Drawing Date on or about: September 3rd, 2019/7 a.m. PT for one (1) prize winner
(3)ON-AIR DAILY PLAYTIME SWEEPSTAKES (ENTRANTS OF THE ENTRY METHOD WILL NOT BE ELIGIBLE FOR THE NOR CAL PASS PORT PRIZE)
Start/End Date (6:00:00am PT to 7:00:00pm PT):
1.June 10, 2019/ 4 playtimes per day
2.June 11, 2019/ 4 playtimes per day
3.June 12, 2019/ 4 playtimes per day
4.June 13, 2019/ 4 playtimes per day
5.June 14, 2019/ 4 playtimes per day
6.June 17, 2019/ 4 playtimes per day
7.June 18, 2019/ 4 playtimes per day
8.June 19, 2019/ 4 playtimes per day
9.June 20, 2019/ 4 playtimes per day
10.June 21, 2019/ 4 playtimes per day
11.June 24, 2019/ 4 playtimes per day
12.June 25, 2019/ 4 playtimes per day
13.June 26, 2019/ 4 playtimes per day
14.June 27, 2019/ 4 playtimes per day
15.June 28, 2019/ 4 playtimes per day
16.July 1, 2019/ 4 playtimes per day
17.July 2, 2019/ 4 playtimes per day
18.July 3, 2019/ 4 playtimes per day
19.July 8, 2019/ 4 playtimes per day
20.July 9, 2019/ 4 playtimes per day
21.July 10, 2019/ 4 playtimes per day
22.July 11, 2019/ 4 playtimes per day
23.July 12, 2019/ 4 playtimes per day
24.July 15, 2019/ 4 playtimes per day
25.July 16, 2019/ 4 playtimes per day
26.July 17, 2019/ 4 playtimes per day
27.July 18, 2019/ 4 playtimes per day
28.July 19, 2019/ 4 playtimes per day
29.July 22, 2019/ 4 playtimes per day
30.July 23, 2019/ 4 playtimes per day
31.July 24, 2019/ 4 playtimes per day
32.July 25, 2019/ 4 playtimes per day
33.July 26, 2019/ 4 playtimes per day
34.July 29, 2019/ 4 playtimes per day
35.July 30, 2019/ 4 playtimes per day
36.July 31, 2019/ 4 playtimes per day
37.August 1, 2019/ 4 playtimes per day
38.August 2, 2019/ 4 playtimes per day
39.August 5, 2019/ 4 playtimes per day
40.August 6, 2019/ 4 playtimes per day
41.August 7, 2019/ 4 playtimes per day
42.August 8, 2019/ 4 playtimes per day
43.August 9, 2019/ 4 playtimes per day
44.August 12, 2019/ 4 playtimes per day
45.August 13, 2019/ 4 playtimes per day
46.August 14, 2019/ 4 playtimes per day
47.August 15, 2019/ 4 playtimes per day
48.August 16, 2019/ 4 playtimes per day
49.August 19, 2019/ 4 playtimes per day
50.August 20, 2019/ 4 playtimes per day
51.August 21, 2019/ 4 playtimes per day
52.August 22, 2019/ 4 playtimes per day
53.August 23, 2019/ 4 playtimes per day
54.August 26, 2019/ 4 playtimes per day
55.August 27, 2019/ 4 playtimes per day
56.August 28, 2019/ 4 playtimes per day
57.August 29, 2019/ 4 playtimes per day
58.August 30, 2019/ 4 playtimes per day
The Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.
For avoidance of doubt, Bi-Weekly winners, Online Winner and Daily Winners are hereinafter referred to as (each a “Finalist”) and will be eligible to participate in the grand prize event for a chance to win the grand prize.
Finalists will be required to attend the grand prize event on September 14, 2019 as early as 11 a.m. at Nissan of Elk Grove located at 8590 Laguna Grove Dr. Elk Grove, CA 95757 to remain eligible for a chance to win the grand prize. Station reserves the right to stagger the contestants arrival time and all qualifiers will be contacted to confirm when to arrive.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER:
(i)Online: During the Entry Period, visit www.937theriver.com, and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes. Limit: One (1) entry per person/email address/household.Entries must contain all information requested to be valid.
(ii)On-Air Bi-Weekly Sweepstakes: There will be six (6) bi-weekly entry periods comprised of four (4) playtimes each day (each a “Bi-Weekly Entry Period”) and six (6) corresponding bi-weekly random drawings (each, a “Bi-Weekly Drawing”) as defined in the “Bi-Weekly Entry Period & Drawing Schedule” below; Bi-weekly winners will have an opportunity to participate in the grand prize event. Non-winning entries for a Bi-Weekly Entry Period will not roll over to subsequent Bi-Weekly Entry Periods; and
(iii)On-Air Daily Playtime Sweepstakes: comprised of four (4) playtimes each day (each a "Daily Entry Period").During each Daily Entry Period, one (1) finalist will be selected each day for a total of 232 daily on-air winners (“Daily Winners”). Daily Winners will have an opportunity to participate in the grand prize event.
Beginning June 10, 2019, listen to the participating Station weekdays between 6:00:00 a.m. PT and 7:00:00 p.m. PT for the “cue to call in and be the selected callerto the designated Sweepstakes announced.Throughout the On-Air Entry 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-in.
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 designated Station’s contest line; the designated caller, if eligible, will be declared a Finalist. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the 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.
LIMIT: ONE (1) ENTRY PER PERSON AND EMAIL FOR A TOTAL OF ONE (1) ENTRY FOR THE ENTIRE 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 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-LINE AND ON-AIR BI-WEEKLY DRAWINGS: Six (6) winners will be selected in a series of random drawings from among all eligible entries received within the corresponding Entry Period on or about the corresponding Drawing Date indicated in the Drawing Schedule in section 2 of these Official Rules.
Winner Notification: Winner will be notified within 4 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 72 Hours 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.
ON-AIR DAILY PLAYTIME SWEEPSTAKES:
Therewillbeatotalof four(4)randomlyscheduledplaytimeseachweekdayduringtheOn-AirEntryPeriod. A total of one (1) potential winner per designated cue to call-in playtime, subject to verification, shall be selected for a chance to win the prize as announced for a total of up to two hundred thirty-two (232) possible Finalists for the SweepstakesPeriod.Finalists will receive a prize for being selected as a Finalist.
Finalists will be notified as follows:
·On-Air Finalists will be notified on air at the time of their qualifying call in.
Each Finalist must be available to attend, participate in, and be eligible for the Grand Prize Event held on September 14, 2019 from 11:00:00 am PT to approx. 2:00:00 pm PT at Nissan of Elk Grove located at 8590 Laguna Grove Dr. Elk Grove, CA 95757.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.
It is anticipated that there will be a total of two hundred thirty eight (238) Finalists, but this number could change based on various factors such as a Finalist being deemed ineligible or unable to attend the Grand Prize drawing.
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. 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, 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.
GRAND PRIZE EVENT:Only verified and qualified Finalists may participate in the Grand Prize Event. A total of up to two hundred thirty eight (238) Finalistswill participate in the Grand Prize Event, held on September 14, 2019 from 11:00:00 am PT to approx. 2:00:00 pm PT at Nissan of Elk Grove located at 8590 Laguna Grove Dr. Elk Grove, CA 95757. Upon arrival to the Grand Prize Event, and before 11:50 am PT, all 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 Finalist does not arrive to the Grand Prize Event and check-in and register between 11:00:00 am PT and 12:00:00 pm PT, such Finalist may be deemed ineligible and may be disqualified, in the Sponsor’s sole discretion. Finalist must be present to win, no stand-ins or substitutions will be permitted. Time of the Grand Prize event is subject to change.
Winner Selection:There will be one (1) Sweepstakes winner selected from among all Finalists at the Grand Prize Event.The Grand Prize Winner will be selected by playing “High Card” as follows: The Grand Prize winner will be determined from the two hundred thirty eight (238) Finalists in a bracket style elimination. Each Finalist will be assigned a number based on the order of qualification and placed into one (1) of fifteen (15) preliminary head-to-head single elimination brackets.
Each Finalist will choose one (1) playing card at random and the Finalist with the higher playing card will advance to the next round; and this shall continue until one (1) player remains in each of the fifteen (15) preliminary brackets. The eleven (15) preliminary bracket winners will compete in one (1) final round of “High Card” to determine the Grand Prize Winner. Aces are high for the purpose of this competition. In the event two (2) or more Finalists competing against one another in any round choose the highest card with equivalent values, those cards will be discarded and alternate cards will be chosen; competitors with cards lower than highest card dealt will be eliminated and not participate in the redraw; this shall continue until there is a single winner for that round/bracket. In the event that a Finalist is not present during any round, they will be disqualified and their designated opponent will get a bye for that round. 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 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.
Notification is deemed to have occurred immediately in person upon being declared a grand prize winner. 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.If the potential winner declines to accept the prize to be awarded, the potential winner forfeits his/her prize and theSponsor reserves the right to determine an alternate winner in accordance with these Official Rules.
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.
ONE (1) GRAND PRIZE:
PRIZE DESCRIPTION. One Grand Prize Winner will receive One (1) 2019 Nissan Rogue SV
Approximate Retail Value (“ARV”): $32,625
Prizes provided by: Nissan of Elk Grove
Exterior Color: Pearl White
Interior Color: Charcoal
The Grand Prize Winner will receive the actual 2019 Nissan Rogue SV display vehicle with existing mileage.If the Grand Prize Winner is disqualified, the Sponsor reserves the right to determine an alternate winner by conducting a random drawing of the remaining Finalist names. Prizes are not transferable or exchangeable for any other prize.Manufacturer’s Suggested Retail Price [“MSRP”] $32,625.
Winner is responsible for any expenses associated with the vehicle, including, but not limited to: registration, tax, title, license fees, insurance, extended warranties and all other costs incurred in claiming, registering or using the vehicle. Winner is also responsible for all costs associated with any optional accessories ordered by the winner.Winner must take delivery and must take possession of the Grand Prize no later than thirty (30) days after receiving notice that the vehicle is ready to be claimed.Failure of the winner to take possession within such time will result in disqualification.Winner must provide evidence of insurance and a valid driver’s license prior to taking delivery of the vehicle.All taxes, upgrades and any other expenses not specifically identified in these Official Rules as included in a prize are the responsibility of each winner.Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason.Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose.
Station reserves the right to award an alternate year model (i.e. 2018), if the 2019 model is not available at the time of prize award.If the designated prize vehicle MSRP is under the stated value, the winner will not be awarded the difference between the vehicle’s actual MSRP and stated value. Grand Prize winner is responsible for paying any and all sales tax on prize award at time of delivery, estimated cost and fees may vary depending on the state and county in which the vehicle is awarded.All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner.
SIX (6) NOR CAL PASSPORT PRIZES:
Grand Prize Winner will receive the following:
·Subject to the restrictions and limitations below, 80 hour usage of a 2019 Nissan Rogue; prize provided by Nissan of Elk Grove; Approximate Retail Value (“ARV”) $500;
·One (1) $100 Gas Gift Card; prize provided by iHeartMedia; Approximate Retail Value (“ARV”) $100;
·2 nights (one room) standard hotel accommodations; prize provided by iHeartMedia ; Approximate Retail Value (“ARV”) $400;
·Two Event Tickets to a local attraction; prize provided by iHeartMedia ; Approximate Retail Value (“ARV”) $100
The following terms apply to the 80 Hour usage of a 2019 Nissan Rogue:
1.Potential Grand Prize Winner will need to provide proof of insurance and a current driver’s license to Nissan of Elk Grove.
2.Mileage on Grand Prize vehicle provided by Nissan of Elk Grove.
3.Drop-off and pick-up date of the Grand Prize Vehicle will be mutually agreed upon between the Grand Prize Winner and Nissan of Elk Grove.
4.Grand Prize Vehicle cannot leave the state of California or Lake Tahoe Nevada.
Sponsor is not obligated to our bound by, and make no representations, warranties or guaranty for any contract(s) or agreement made by and between the Grand Prize Winner and the Prize Provider.
Accommodations Prize Conditions: Prize package shall include a double occupancy standard hotel room as specified in herein. Any difference between stated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Rules. Selection of hotel is solely within Sponsor’s discretion.Meals, gratuities, luggage fees, incidental hotel charges and any other related expenses not specified herein are the sole responsibility of winner and guest. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the hotel, venue operators, prize providers or any other persons providing any prize-related services or accommodations. Any and all meals, incidentals, gratuities, phone calls and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible for any travel delays or difficulty.If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility.
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. 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.
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 the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control.Upon awarding the prize, the Sponsor will have no further obligation to winner.
9.TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10.CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination.If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11.BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12.MISCELLANEOUS.Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
13.COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.