Sweepstakes Name: 2014 iHeartRadio Music Festival Flyaway Sweepstakes (the “Sweepstakes”)
Participating Station(s): Appendix A (the “Station”)
Station Address: 32 Avenue of the Americas, New York, NY 10013
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. IF YOU ENTER THIS SWEEPSTAKES VIA TEXT: EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. YOU WILL RECEIVE AT LEAST ONE (1) TEXT MESSAGE IN RESPONSE TO YOUR ENTRY. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION 1 BELOW.
This Sweepstakes is open only to individuals who are legal residents of the 50 United States or the District of Columbia and who are at least 18 years of age or older, both at the time of entry. If you are not a legal resident of the 50 United States or D.C. or you are not the required age as of time of entry, you are not eligible to participate in this Sweepstakes or to win a prize. Void outside of the 50 US/DC and where prohibited or restricted by law. Company and Sweepstakes Entities (both as defined below), individuals from all other radio and television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
Odds of becoming a Finalist (as defined herein) depend on the number of eligible entries received for the corresponding Designated Playtime (defined herein). A Finalists’ odds of winning the Grand Prize are 1 in 373.
Clear Channel Broadcasting, Inc., its subsidiaries, affiliated companies, divisions, and individual stations, the Station, and iHeartRadio and Clear Channel Media+ Entertainment (collectively, the “Company”) will conduct the Sweepstakes substantially as described in these official Sweepstakes rules. “Sweepstakes Entities” shall be collectively be referred to herein to mean any party or entity associated in any way with the Sweepstakes, including but not limited to the Company, the Station, administrator (if any), sponsor (if any), individual participating stations, the Sweepstakes’ sponsoring organizations, any third party prize provider(s) and or prize fulfillment service, and each of the foregoing’s respective parents, subsidiaries, affiliates, officers, directors, and each of their employees, talent, artists, volunteers, agents, shareholders, and contractors.
By participating, each entrant (and if eligible minors, their parents/legal guardians) agrees as follows:
The Company may from time to time conduct promotions concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a promotion as announced on the affected station. Participating stations are listed above. For a list of participating stations and/or a copy of the official Sweepstakes rules, please visit the office of the Station during normal business hours or send your request by mail as instructed herein.
The Sweepstakes is administered by the Company and any questions, comments or complaints regarding the Sweepstakes must be directed to the Company.
1. DESCRIPTION OF SWEEPSTAKES/PARTICIPATION:
This Sweepstakes consists of a First Round Finalist Drawing and a Grand Prize Drawing.
A. Dates of Sweepstakes: The Sweepstakes will begin on July 23, 2014 at 9:00 AM Eastern Time (“ET”) and end at 7:59 PM ET on September 12, 2014 (“Sweepstakes Period"). The Sweepstakes Period will consist of 52 daily entry periods (each a “Daily Entry Period”) as follows, each of which consists of either eight (8) or five (5) Designated Playtimes:
Daily Entry Period
Entry Method Start Time/Date
Entry Method End Time/Date
Number of Designated Playtimes / Designated Codes for Daily Entry Period
Wednesday, July 23, 2014 at 9:00 AM ET
Wednesday, July 23, 2014 at 7:59 PM ET
Thursday, July 24, 2014 at 8:00 AM ET
Thursday, July 24, 2014 at 7:59 PM ET
Friday, July 25, 2014 at 8:00 AM ET
Friday, July 25, 2014 at 7:59 PM ET
Saturday, July 26, 2014 at 11:00 AM ET
Saturday, July 26, 2014 at 7:59 PM ET
Sunday, July 27, 2014 at 11:00 AM ET
Sunday, July 27, 2014 at 7:59 PM ET
Monday, July 28, 2014 at 8:00 AM ET
Monday, July 28, 2014 at 7:59 PM ET
Tuesday, July 29, 2014 at 8:00 AM ET
Tuesday, July 29, 2014 at 7:59 PM ET
Wednesday, July 30, 2014 at 8:00 AM ET
Wednesday, July 30, 2014 at 7:59 PM ET
Thursday, July 31, 2014 at 8:00 AM ET
Thursday, July 31, 2014 at 7:59 PM ET
Friday, August 1, 2014 at 8:00 AM ET
Friday, August 1, 2014 at 7:59 PM ET
Saturday, August 2, 2014 at 11:00 AM ET
Saturday, August 2, 2014 at 7:59 PM ET
Sunday, August 3, 2014 at 11:00 AM ET
Sunday, August 3, 2014 at 7:59 PM ET
Monday, August 4, 2014 at 8:00 AM ET
Monday, August 4, 2014 at 7:59 PM ET
Tuesday, August 5, 2014 at 8:00 AM ET
Tuesday, August 5, 2014 at 7:59 PM ET
Wednesday, August 6, 2014 at 8:00 AM ET
Wednesday, August 6, 2014 at 7:59 PM ET
Thursday, August 7, 2014 at 8:00 AM ET
Thursday, August 7, 2014 at 7:59 PM ET
Friday, August 8, 2014 at 8:00 AM ET
Friday, August 8, 2014 at 7:59 PM ET
Saturday, August 9, 2014 at 11:00 AM ET
Saturday, August 9, 2014 at 7:59 PM ET
Sunday, August 10, 2014 at 11:00 AM ET
Sunday, August 10, 2014 at 7:59 PM ET
Monday, August 11, 2014 at 8:00 AM ET
Monday, August 11, 2014 at 7:59 PM ET
Tuesday, August 12, 2014 at 8:00 AM ET
Tuesday, August 12, 2014 at 7:59 PM ET
Wednesday, August 13, 2014 at 8:00 AM ET
Wednesday, August 13, 2014 at 7:59 PM ET
Thursday, August 14, 2014 at 8:00 AM ET
Thursday, August 14, 2014 at 7:59 PM ET
Friday, August 15, 2014 at 8:00 AM ET
Friday, August 15, 2014 at 7:59 PM ET
Saturday, August 16, 2014 at 11:00 AM ET
Saturday, August 16, 2014 at 7:59 PM ET
Sunday, August 17, 2014 at 11:00 AM ET
Sunday, August 17, 2014 at 7:59 PM ET
Monday, August 18, 2014 at 8:00 AM ET
Monday, August 18, 2014 at 7:59 PM ET
Tuesday, August 19, 2014 at 8:00 AM ET
Tuesday, August 19, 2014 at 7:59 PM ET
Wednesday, August 20, 2014 at 8:00 AM ET
Wednesday, August 20, 2014 at 7:59 PM ET
Thursday, August 21, 2014 at 8:00 AM ET
Thursday, August 21, 2014 at 7:59 PM ET
Friday, August 22, 2014 at 8:00 AM ET
Friday, August 22, 2014 at 7:59 PM ET
Saturday, August 23, 2014 at 11:00 AM ET
Saturday, August 23, 2014 at 7:59 PM ET
Sunday, August 24, 2014 at 11:00 AM ET
Sunday, August 24, 2014 at 7:59 PM ET
Monday, August 25, 2014 at 8:00 AM ET
Monday, August 25, 2014 at 7:59 PM ET
Tuesday, August 26, 2014 at 8:00 AM ET
Tuesday, August 26, 2014 at 7:59 PM ET
Wednesday, August 27, 2014 at 8:00 AM ET
Wednesday, August 27, 2014 at 7:59 PM ET
Thursday, August 28, 2014 at 8:00 AM ET
Thursday, August 28, 2014 at 7:59 PM ET
Friday, August 29, 2014 at 8:00 AM ET
Friday, August 29, 2014 at 7:59 PM ET
Saturday, August 30, 2014 at 11:00 AM ET
Saturday, August 30, 2014 at 7:59 PM ET
Sunday, August 31, 2014 at 11:00 AM ET
Sunday, August 31, 2014 at 7:59 PM ET
Monday, September 1, 2014 at 8:00 AM ET
Monday, September 1, 2014 at 7:59 PM ET
Tuesday, September 2, 2014 at 8:00 AM ET
Tuesday, September 2, 2014 at 7:59 PM ET
Wednesday, September 3, 2014 at 8:00 AM ET
Wednesday, September 3, 2014 at 7:59 PM ET
Thursday, September 4, 2014 at 8:00 AM ET
Thursday, September 4, 2014 at 7:59 PM ET
Friday, September 5, 2014 at 8:00 AM ET
Friday, September 5, 2014 at 7:59 PM ET
Saturday, September 6, 2014 at 11:00 AM ET
Saturday, September 6, 2014 at 7:59 PM ET
Sunday September 7, 2014 at 11:00 AM ET
Sunday, September 7, 2014 at 7:59 PM ET
Monday, September 8, 2014 at 8:00 AM ET
Monday, September 8, 2014 at 7:59 PM ET
Tuesday, September 9, 2014 at 8:00 AM ET
Tuesday, September 9, 2014 at 7:59 PM ET
Wednesday, September 10, 2014 at 8:00 AM ET
Wednesday, September 10, 2014 at 7:59 PM ET
Thursday, September 11, 2014 at 8:00 AM ET
Thursday, September 12, 2014 at 7:59 PM ET
Friday, September 12, 2014 at 8:00 AM ET
Friday, September 12, 2014 at 7:59 PM ET
All entries must be received no later than 7:59 PM ET, on September 12, 2014 to be valid. You also must enter by the end time of the Daily Entry Period’s Designated Playtime in order to be eligible for that Designated Playtime’s drawing.
How to enter the First Round Finalist Drawing:
During each Daily Entry Period, the number of “sounders”/cues as listed in the chart above will be announced randomly throughout such Daily Entry Period (each a “Designated Playtime”). During each Designated Playtime, the Station will announce that Designated Playtime’s code (each a “Designated Code” or “Code”). Then, each entrant will have until the end of the hour (at :59:59 of the Designated Playtime’s hour) to submit the Code to receive an entry into such Designated Playtime’s drawing (for the avoidance of doubt, if the Station announces the Code for a Designated Playtime at 4:37 PM ET, the entry period for such Designated Period will end at 4:59:59 PM ET).
To enter the Sweepstakes, listen to iHeartRadio.com or any participating Station for the Designated Code to be announced*. Then, timely submit the Designated Code using one (1) of the following methods to receive one (1) entry into the corresponding Designated Playtime:
(1) To enter the Sweepstakes by text message, during the Designated Playtime, timely text the Designated Code to 45495 to receive one (1) entry into the corresponding Designated Playtime’s drawing. You must successfully text the Designated Code within the hour that such Code was announced, i.e. before :00:00 of the next hour, for your entry to be valid. You will receive at least one (1) text message in response to your entry. Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to 45495 or e-mail TEXTOPTOUT@CLEARCHANNEL.COM. To STOP, text “STOP” to 45495 or e-mail TEXTOPTOUT@CLEARCHANNEL.COM. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
(2) To enter the Sweepstakes without sending a text message, during the Designated Playtime, timely log in to any participating Station’s website and follow the Sweepstakes links to register for the Sweepstakes by entering the Designated Code for that Designated Playtime, along with your name, email address, phone number, mailing address, date of birth, and/or any other information requested by the Company. You must successfully submit the Designated Code and your registration information within the hour that such Code was announced, i.e. before :00:00 of the next hour for your entry to be valid. Complete the foregoing steps to receive one (1) entry into the corresponding Designated Playtime.
Limit: One (1) entry per person/phone number/email address per Designated Playtime, regardless of method of entry. No other entry methods or forms of entry are valid. Once an entrant is selected as a Finalist via any of the entry method above, he/she cannot achieve additional entries into any First Round Finalist Drawing. Non-winning entries from one Designated Playtime will not roll into subsequent Designated Playtime entry periods.
*Throughout the Sweepstakes Period on each Daily Entry Period and during the Designated Playtimes, a "sounder" or cue to play will be aired at various times along with a Designated Code and a message instructing listeners to submit the Designated Code within a certain time to enter the Sweepstakes. There will be a series of randomly scheduled national playtimes each weekday during the Sweepstakes Period. The Stations, at their sole discretion may or may not choose to air all playtimes due to programming obligations and other factors. Each participating Station reserves the right to amend non-material portions of this Sweepstakes at a local level in their sole discretion, which may not affect the material terms of the Sweepstakes, including opting out of specific Designated Times. In the event that a participating Station has made changes subject to the official rules, those changes shall individually and solely apply to that specific Station's participation and the Station's listener's participation and shall not apply to any other participating station. Such amendments, if any, are set forth in the Official Rules’ addendum. To determine if your local station has provided an addendum to these rules, or for more information about the local station's participation you may contact the local station during regular business hours. Participating Stations may not amend other material portions of this Sweepstakes at a local level other than their individual participating times and dates at their sole discretion. If a participating Station has amended any portion of the Official Rules the station will provide an addendum to these rules which will be deemed part of the official Sweepstakes rules for the individual station identified on the addendum. The participating Stations may or may not choose to announce exact times that future cues will be played and may choose not to participate in each Designated Playtime of the day. All participating Station listeners will be competing with listeners from other stations around the country who will also receive a "cue to play" at the same time and will be entered into the same pool of entrants from which one winner each playtime will be determined.
Entries must contain all information requested, must be timely submitted, and must comply with all Content submission requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them, via phone at the number provided during registration or by text message, at the telephone number from which the text message entry was received. Any and all fees arising from such notification will be the sole responsibility of each entrant. Entries are subject to any applicable restrictions or requirements listed herein. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same e-mail account or mobile phone number 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. Any potential winner and/or Finalist may be requested to provide Company with proof that such winner is the authorized account holder of the email address or wireless number associated with the winning entry. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Company. The Company’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or in excess of the above stated limit. All entries become the property of Company and will not be receipt acknowledged or returned. Company’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. The Company assumes no responsibility for entrants not making timely submission to the Station or other timed entry as a result of the delays in the Internet stream or otherwise. Entrants should not rely on streamed broadcasts to participate in this or any Sweepstakes. 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 Sweepstakes and should contact their local station to determine participation. On air Sweepstakes not valid on holidays unless otherwise mentioned herein.
Entry by sending a text message will not improve your chance of winning. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Company makes no guarantee that any particular wireless service provider will participate. To enter by text, the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability. Wireless service providers may charge entrants for each text message, including any error message that is sent and received in connection with the Sweepstakes, based on the applicable wireless service pricing plan. By texting to enter, the entrant grants permission to the Company to notify them via a return text message and must agree to accept all applicable charges associated therewith. Entrant is responsible for all applicable fees and taxes associated with placing a text message entry. Company in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the Code is not considered proof of delivery to, or receipt by, Company of such enter to play. Entrants are restricted to the use of ordinary telephone equipment. By participating via text, entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Company nor Station guarantee, nor shall
either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Sweepstakes may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. The Company will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Company, through its third party text messaging administrators, will store all messages received on its system, and will send entrants reply texts relating to the Sweepstakes throughout the Sweepstakes Period and up to 60 days. The Company is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Company may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Company reserves the right, in its sole discretion, to disqualify any entry if that entry's source and sender cannot be reasonably determined. BY TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE COMPANY TO NOTIFY THEM VIA ONE (1) RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE AT LEAST ONE (1) TEXT MESSAGE IN RESPONSE TO THE ORIGINAL SUBMISSION, INCLUDING A MESSAGE CONFIRMING ENTRY, LEGAL DISCLAIMERS AND OPTIONS TO RECEIVE FUTURE PROMOTIONAL MESSAGES FROM THE COMPANY.
All entries must be received within the Designated Playtime and include the correct Designated Code for such Designated Playtime to be valid. Any entry received or made after the Designated Playtime period will not be valid.
Entrants understand that that each cue to play is considered a single Designated Playtime and is a separate registration period that will close at the end of the hour that the cue sounded. The Company shall be the official time-keeper for this Sweepstakes, its Daily Entry Periods, and Designated Playtimes and their entry periods. If Company determines any potential Finalist (as defined below) is not eligible, the Company may at their sole discretion, randomly select another entry from the same pool of entrants for the respective Designated Playtime.
Listen to the Stations for details on specific times and Designated Playtimes to enter. The dates and times of Station participation may vary and shall be determined solely by the individual participating Station and announced on air. All entries received are delivered to the same platform and are collectively combined, center regardless of which station the entrant was listening to at the time of the sounder or which participating Station's website entry was made.
2. WINNER SELECTION/NOTIFICATION:
A. Finalist Winner Selection and Notification: At the conclusion of each Designated Playtime, on the corresponding Daily Entry Period, the Company will randomly select one (1) Sweepstakes winner for that Designated Playtime from among all eligible entries received during that Designated Playtime (each a “Finalist,” subject to verification). There will be a total of up to eight (8) possible Finalists for each weekday Daily Entry Period and up to five (5) possible Finalists for each weekend Daily Entry Period, for a total of up to 373 potential Finalists for the entire Sweepstakes Period.
The Company will contact each Finalist by phone (at the phone number provided/used by the entrant during entry) within the hour following the Designated Playtime in which they were selected. Each Finalist will have ten (10) minutes from the time of notification to answer to or respond to the call from the Company. The Company is not obligated to (and may not) leave a voice mail, answering machine, or any other message during notification. Only Finalists will be contacted personally by a Company representative. FURTHER, EACH FINALIST MUST AGREE TO HAVE THE TELEPHONE CONVERSATION RECORDED BY THE COMPANY AND/OR STATION AND AGREE TO BE INTERVIEWED FOR ANY BROADCAST OR COMMERCIAL RELEASE CONNECTED WITH THE SWEEPSTAKES TO BE ELIGIBLE. If for any reason a potential Finalist does not respond to winner notification within the time specified or does not agree to the above recordation requirements, such potential Finalist will be deemed ineligible and will be disqualified and any prize will be forfeited in the Company’s sole discretion. If any Finalist is disqualified for any reason, the Company may randomly select an alternate Finalist from all eligible entries received during the Designated Playtime. Such alternate Finalist will be notified in the same method and subject to the same notification time restrictions. Due to time constraints, the Company reserves the right to modify the notification procedures in connection with the selection of alternate Finalists, if necessary. Notification is deemed to have occurred immediately upon placing of a phone call or any other form of communication Company may use to contact the Finalists and/or a potential winner. The Company is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Company disclaims all liability for the inability of a entrant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise.
B. Grand Prize Winner Selection and Notification: Only verified and qualified Finalists are eligible for the Grand Prize Drawing. A total of up to 373 Finalists will be entered in to the Grand Prize Drawing. On or about September 14, 2014, the Company will randomly select one (1) Grand Prize Sweepstakes winner from among all Finalists. The Grand Prize winner is subject to verification. The Grand Prize winner will be notified by phone at the number provided during entry into the Sweepstakes on Monday, September 15, 2014. The potential winner will have twenty-four (24) hours to answer or respond to the call from the Company. FURTHER, THE POTENTIAL GRAND PRIZE WINNER MUST AGREE TO HAVE THE TELEPHONE CONVERSATION RECORDED BY THE COMPANY AND/OR STATION AND AGREE TO BE INTERVIEWED FOR ANY BROADCAST OR COMMERCIAL RELEASE CONNECTED WITH THE SWEEPSTAKES TO BE ELIGIBLE. If for any reason a potential Grand Prize winner does not respond to winner notification within the time specified or does not agree to the above recordation requirements, such potential winner will be deemed ineligible and will be disqualified and any prize will be forfeited in the Company’s sole discretion. If a potential grand prize winner is disqualified for any reason, an alternate Grand Prize winner may be randomly selected from all eligible
Finalists if sufficient time remains prior to travel, in the Company’s sole discretion. Such alternate Finalist will be notified in the same method and subject to the same notification time restrictions.
Notification is deemed to have occurred immediately upon placing of a phone call or any other form of communication Company may use to contact the potential Grand Prize winner. The Company is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Company is not obligated to leave voice mail, answering machine or other message. The Company disclaims all liability for the inability of a entrant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise.
C. Sweepstakes Disclosures: All winners and Finalists will be determined in accordance with the Sweepstakes' Official Rules. By participating in this Sweepstakes, entrants agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company are final and binding 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 not comply with the rules, then you and all your Sweepstakes entries will be disqualified and any prize in which you may have received (if any) will be forfeited (all in Company’s sole discretion). The Company, in its sole discretion, reserves the right to select an alternate Finalist and/or potential winner at that time.
All potential winners and Finalists are subject to verification, including verification of eligibility. If any entrant is unable to verify his/her information, the entrant will automatically be disqualified and his/her prize, if any, will be forfeited. The Company reserves at its sole discretion the right to determine an alternate Finalist or Grand Prize winner in accordance with these Official Rules in the event that that any winner or Finalist has been disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events. 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, or (if a Finalist or a potential winner is a minor) for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If a Finalist or potential winner does not respond to notification within the time specified or claim the prize within the appropriate time given, the entrant will automatically be disqualified and their prize will be forfeited.
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to be a Finalist and participate in the Grand Prize Drawing and/or receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Company and agree to all terms herein, including but not limited to the prize conditions. A parent or guardian of any eligible minor Finalist and/or winner must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and Finalists and, if a potential prize winner or Finalist is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, may (in Company’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 the time period provided at the time of notification for the potential winner to be qualified for the prize (and if no such time is given, within twenty four (24) hours after prize notification). A Finalist’s or potential prize winner's failure to return all required forms within this time period may result in the potential winner and/or Finalist being disqualified and an alternate winner or Finalist may be determined by Company in its sole and discretion, in accordance with the Official Rules. If entrant has not reached the age of majority in his/her primary state of residence at the time of entry into the Sweepstakes (19 years old if a resident of Alabama or Nebraska, 21 years old if a resident of Mississippi, and 18 years old in all other states), then entrant must obtain parental consent in order to be eligible to enter the Sweepstakes. Parental Consent occurs when the parent or legal guardian of a minor entrant who has not reached the age of legal majority in their residing state, grants permission for the minor entrant to participate and agrees on behalf of himself/herself and the minor entrant to these Official Rules. It is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the Sweepstakes and no situation shall anyone under the age of thirteen (13) be permitted to enter the Sweepstakes at any time, under any circumstances.
A. Prize Description(s): 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 Company's sole discretion. Prize details and availability are subject to change. Company is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third-party fulfillment company. 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). The prize(s) that may be awarded to the eligible winner(s) are:
Finalist Prize (372): Up to 372 verified and eligible Finalists will each receive a trip between September 19 and September 21, 2014 for the Finalist winner and one (1) guest to attend the 2014 iHeartRadio Music Festival on September 19 and September 20, 2014. Each Finalist’s prize includes:
Round-trip domestic, coach air transportation for the Finalist winner and one (1) guest from the major commercial airport nearest winner’s residence (as determined by Company in its sole discretion) within the 50 U.S./D.C. to Las Vegas, Nevada;
Ground transportation to and from the Las Vegas airport and the hotel;
Two (2) nights hotel accommodations in one (1) double occupancy, standard hotel room (on nights of September 19, 2014 and September 20, 2014) at the MGM Grand in Las Vegas, NV;
Two (2) tickets for the Finalist winner and one (1) guest to attend both nights of the 2014 "iHeartRadio Music Festival" on September 19, 2014 and September 20, 2014; and
Two (2) tickets for Finalist winner and one (1) guest to attend the 2014 “iHeartRadio Music Festival Village” on September 20, 2014. All prizes provided by Clear Channel Media+Entertainment. Approximate Retail Value (“ARV”) of each Finalist Prize: $3,500.
GRAND PRIZE (1): One (1) grand prize winner will receive the individual grand prize is valued at $76,393.79 All winners of the Finalist Prize listed above will be placed into a pool, where one (1) person will be randomly chosen at the end of the Sweepstakes and be designated the GRAND PRIZE WINNER. There will be one (1) grand prize winner. The grand prize consists of an upgraded trip to the 2014 iHeartRadio Music Festival in Las Vegas, NV as stated herein. Grand prize consists of: Roundtrip ground transportation from winner’s home to airport; One-way private jet for winner and three (3) guests from the airport nearest winner’s residence (as determined by Company in its sole discretion) within the 50 U.S./D.C. to Las Vegas, Nevada on Friday, September 19, 2014; First class return airfare for winner and three (3) guests from Las Vegas, Nevada to the major commercial airport nearest the winner’s residence (as determined by Company in its sole discretion) on Sunday, September 21, 2014; MGM Grand 1 bedroom Skyloft for two (2) nights (on nights of September 19, 2014 and September 20, 2014) at the MGM Grand in Las Vegas, NV; Private car and driver for three (3) days (to stay within Las Vegas area) (SUV 11am-3am September 19, 2014, 10am-3am September 20, 2014, 8am-12pm September 21, 2014. Includes gratuity & fuel); One (1) VIP Platform and a behind-the-scenes tour, artist meet & greets, and tickets for four (4) to the 2014 iHeartRadio Music Festival Village; Artist Meet & Greets (TBD on number of Meet & Greets), backstage tour and Four (4) Level 1 Tickets to both nights of the 2014 iHeartRadio Music Festival; Dinner for four (4) one night at Yellowtail Restaurant in the Bellagio Resort & Casino in Las Vegas, Nevada; Winner to go on stage and introduce an act with Ryan Seacrest during one (1) night of the iHeartRadio Music Festival (will also be included in the CW TV special); Access for winner and three (3) guests to attend all iHeartRadio Music Festival official parties; Personal photographer for two (2) days (Friday 11am-2am and Saturday 11am-2am); Wardrobe/stylist for winner for one (1) night; Hair & Makeup for winner and three (3) guests at an MGM Spa for one (1) night; Private dressing room at the show; Winner to be interviewed in the radio room; Winner and three (3) guests walk the photo line and red carpet; Winner’s picture on a digital billboard in Las Vegas (on September 19, 2014); One-Time Tax Gross-Up Payment to cover all taxes from the prize mentioned above. Grand prize provided by Clear Channel Media+Entertainment. Verified Grand Prize winner will forfeit his/her Finalist prize, which will not be awarded to any entrant or Finalist.
ARV of all Sweepstakes prizes: up to $1,378,393.79.
All prizes awarded must be fulfilled in the name of the designated winner. A winner is not a recipient of a prize until he/she has been verified and if the winner is unable to become verified then the winner will automatically be disqualified and their prize will be forfeited and no alternate winner will be selected at that time. The specifics of all aforementioned elements of the prize shall be solely determined by the Company.
Prize Conditions: Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of prize will not be awarded. All prize details not specified in the Official Rules will be determined in Company’s sole and absolute discretion. Selection of the airline, departure and arrival airport, and hotel are solely within Company’s sole discretion. If, in the judgment of the Company and/or any third- party company fulfilling (if any) the prize, air travel is not required due to winner's proximity to Las Vegas, NV, ground transportation will be substituted for roundtrip air travel at the Company and third-party fulfillment company’s sole and absolute discretion. The difference in value will not be awarded to the winner. Prizes are non-transferable, are not redeemable for cash and no substitution will be made except as provided herein at the Company’s sole discretion. Company reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. If winner resides within (150) miles of the MGM Grand Resort & Casino located at 3799 S. LAS VEGAS BLVD., LAS VEGAS, NV 89109 USA, ground transportation will be substituted for roundtrip air travel at the Company’s sole and absolute discretion to and from the 2014 iHeartRadio Music Festival events on September 19, 2014 and September 20, 2014 as described in the prize description. Winner is solely responsible for any and all expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to ground transportation to/from each winner's residence and airport of departure, meals and beverages, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), gratuities, travel upgrades, baggage fees, and personal incidentals. Winner and guests must travel on dates designated by the Sweepstakes Entities, on the same itinerary. Finalist winners and Grand Prize winners must be available to travel to Las Vegas, NV within specified dates between September 19, 2014 and September 21, 2014; no alternate travel dates are available. In the event any Finalist winner and/or Grand Prize winner cannot travel to Las Vegas, NV on the dates designated by Company, such winner may be disqualified and the prize may be awarded to an alternate winner provided sufficient time remains prior to the travel. Winner and guests will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the
winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided.
Travel is subject to availability and terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Sweepstakes Entities are not responsible for any fees or additional charges resulting from a winner’s or guest’s change(s) to itinerary or accommodations. Winners and guests must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel and are solely responsible for obtaining such valid identification (e.g., a valid U.S. driver’s license or a valid U.S. passport) prior to travel and the associated costs for these requirements. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sweepstakes Entities shall not be liable for any loss or damage to baggage. If the winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sweepstakes Entities shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award and no other compensation in lieu of the prize will be awarded. Each winners and guest is responsible for obtaining his/her own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required. Each winner and guest agrees to comply with all applicable venue regulations in connection with the concert. Sweepstakes Entities and the applicable venue representatives reserve the right to remove or to deny entry to winner who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert or meet and greet event or in any other objectionable behavior. Once travel guests are selected, they may not be substituted, except in Company’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Additional prize award details and travel information to be provided to the winner at the time of notification. Lost, stolen, or damaged airline tickets, travel vouchers or certificates or concert or event tickets will not be replaced or exchanged.
All travel guests must be at least 16 years of age or older as of September 18, 2014. Any eligible winner and/or Finalist that is between the age of 18 and 20 years of age as of September 18, 2014, but who is considered an adult (age of majority) in his/her state of residence, must bring a guest that is at least 21 years of age or older as of September 18, 2014. Any eligible winner and/or Finalist who is under the age of majority in their state of residence as of September 18, 2014 (younger than 19 years old if a resident of Alabama or Nebraska, and younger than 21 years old if a resident of Mississippi), must bring his/her parent or legal guardian as his/her travel guest. For travel guests, a minor age 16 years of age or older as of September 18, 2014 may accompany a winner as a travel guest only if the winner is the minor's parent or legal guardian. ALL MINORS (including eligible winners who are under the age of majority in their state of residence) MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN-FLIGHT, HOTEL STAY, AND ALL PRIZE-RELATED EVENTS) BY MINOR'S PARENT OR LEGAL GUARDIAN. Travel guests must sign and return a travel release before any ticketing of travel occurs. Additional prize award details and travel information to be provided to the winner at the time of notification. Winner will be required to complete and return all releases and forms within three (3) days of date of receipt the applicable forms and releases, unless otherwise specified thereon. Winner must sign a prize acceptance form, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. The Sweepstakes Entities shall in no way be responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sweepstakes Entities are not responsible for awarding any compensation in lieu thereof. 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 prize provider and/or the Sweepstakes Entities and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sweepstakes Entities' prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner must comply with all applicable laws, and any rules and regulations established by the Sweepstakes Entities' prize partner(s), if any; such as hotels, airlines, trains, ships, 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. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE RELEASED PARTIES (as defined below) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
The Company is not responsible for any delay, cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Company. The Company reserves the right to substitute a prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Company’s discretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the concert and/or other Sweepstakes prize events. Company and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/her guest) who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the concert and/or other Sweepstakes prize event or in any other objectionable behavior. If, after a prize has been selected and ticketing has been completed, concert is cancelled, such portions of the prize will be forfeited and the Company shall have no further obligation to winner. Winner(s) must present state authorized identification
prior to being awarded the prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.
Conditions and restrictions may apply. All applicable taxes (including, but not limited to all local, state and federal taxes) on all respective prizes awarded, upgrades and any other expense(s) not specifically identified in these Official Rules as included in a prize are the sole responsibility of each winner. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in the Company's sole discretion. When applicable prizes involving personal appearances of artists or celebrities are subject to artist/celebrity's schedule. If, after a prize has been selected and ticketing has been completed, artist/celebrity is unable to appear, such portions of the prize will be forfeited and the Company shall have no further obligation to winner. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Each entrant agrees and acknowledges that the Company and the Station, their affiliates, subsidiaries, representatives, distributors and the Sweepstakes Entities, and (when applicable) the Sweepstakes’ sponsor(s), prize provider(s), any applicable third-party fulfillment services, and each of their respective, parent companies and affiliates, officers, directors, employees, agents, and licensees (collectively, the “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 Company 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 Company, 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 affect 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 Sweepstakes rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Company, Company reserves the right to award any prize(s) in a manner deemed fair and equitable by Company.
6. 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 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 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 5 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 Company will have no further obligation to winner and/or Finalist.
7. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related fees, other costs or expenses related to prize acceptance and use not specified herein, regardless of whether such prize is used in whole or in part. Each winner must provide the Company 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 Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
8. CONDUCT AND DECISIONS. All decisions of the Company 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 Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Company’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners come forward seeking to claim the Prize, an alternate potential winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. 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 Company’s and/or Station’s "discretion" and/or any exercise of discretion by the Company or Station shall mean in Company’s and/or Station’s "sole and unfettered discretion." The Company further reserves the right to: (i) terminate or declare any Sweepstakes null and void and rescind any prize, 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; (ii) alter or amend these Sweepstakes rules at any time; and/or (iii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Sweepstakes rules will be broadcast on-air, when practical. The Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Company, any segment of the Sweepstakes is delayed, rescheduled, postponed or cancelled, the Company reserves the right, but not the obligation, to modify, suspend or cancel the Sweepstakes and shall not be required to award a substitute prize.
9. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Company 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, Company 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 Company 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 (60) 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.
10. MISCELLANEOUS. Company reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all entrants. The Company disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. For a copy of the rules, or where required by law, a list of winners, visit the business office of the participating Station during normal business hours or visit the Company’s website. 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.
11. COMPLIANCE WITH LAW AND GOVERNING LAW. The conduct of the Sweepstakes, and its Terms and Official Rules, are governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company and participating Station(s) shall follow the applicable laws for conducting Sweepstakes, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Sweepstakes, etc. as required by applicable local and state 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 Company 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 10 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.
APPENDIX A - PARTICIPATING STATIONS
Individual Participating Stations may opt to make amendments or changes regarding qualifying or participation affecting that station only by including hereto an attached addendum amending the rules and outlining the applicable changes. The Company is conducting the Sweepstakes concurrently and simultaneously on several participating stations that are located in various States and their perspective time zones. Entrants not located within the Eastern Time (ET) zone, must factor in the time difference in determining the dates and times stated herein. The Company may add or remove participating stations or change call letters of any participating station at any time during the Sweepstakes as announced on the affected station. The Station’s participation in this Sweepstakes during the Sweepstakes dates may vary from day to day as announced on air of the affected Station, and as listed as amended in Appendix A and as noted in any applicable addendum. Station will announce participation. Stations participating in this Sweepstakes may include all stations owned or operated by Clear Channel Broadcasting, Inc. FOR A LIST OF THE STATIONS PARTICIPATING PLEASE SEE THE CORRESPONDING ATTACHED APPENDIX A.