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: The Voice Flyaway (the “Sweepstakes”)
Participating Stations:WGAR (collectively, the “Stations”)
Station Address: 6200 Oak Tree Boulevard, 4th Floor – Cleveland, OH44131
Telephone: (216) 520-2600
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 6200 Oak Tree Boulevard, 4th Floor – Cleveland, OH44131 or visit the website www.wgar.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., The Voice Sweepstakes at 6200 Oak Tree Boulevard, 4th Floor – Cleveland, OH44131.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Ohio residing within the following counties: Cuyahoga, Lake, Lorain, Geauga, Medina, Portage, Summit, and (ii) who are 18 years of age or older at the time of entry (“Entrant”).
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state(s) of Ohio (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.
Eligibility Frequency Limits Per Station:The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period.For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event.For local sweepstakes/contests, an individual may win only once (1) every seven (7) days.An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes.“Household members” shall mean people who share the same residence at least three (3) months a year.
2.TIMING:Sweepstakes begins on Monday, February 17, 2020 at 12:01:00 a.m. ET and ends at 10:00:00 a.m. ET on Monday, February 24, 2020 (“Entry Period").
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
How to Enter: During the Entry Period, visit www.wgar.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 per Day during the Sweepstakes Period. For purposes of this Sweepstakes, a “Day” shall be defined as each calendar day, beginning at 12:00:00 am ET and ending at 11:59:59 pm ET on that same day, except for the first day of the Sweepstakes Period, Monday, February 17, 2020, which shall begin at 12:00:00 am ET.Entries must contain all information requested to be valid.
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.
3.WINNER SELECTION.On or about Monday, February 24, 2020, the Sponsor will randomly select one (1) potential Sweepstakes winner from among all eligible entries collectively received during the Entry Period at WGAR.com to receive one (1) $500 AMEX Card.This qualifier, along with the FIVE (5) other on-air qualifiers will be placed into the drawing for the Grand Prize.Grand Prize will also be drawn on February 24, 2020.
Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Winner Notification: Winner will be notified within one (1) day after the drawing, 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 one (1) hour(s) of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).
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. The potential prize winner 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.
PRIZE: There will be seven (7) prize(s) awarded, broken down in the following manner:
-One (1) grand prize (“Grand Prize”)
-Six (6) daily prizes (“Daily Prizes”, each a “Daily Prize”).
Grand Prize and Daily Prizes will be referred to herein as “Prize” or “Prizes” unless otherwise noted.
Each Daily Prize will consist of one (1) $500 AMEX Cash Gift card. (ARV $500.00).
Daily Prize is subject to additional terms, conditions, and restrictions, as specified by issuer.
Grand Prize consists of the following: a trip (“Trip”) for Grand Prize Winner and up to one (1) guest (“Guest”) to Los Angeles, California on the set dates May 4, 2020 - May 6, 2020. Trip includes: Round trip Main Cabin airfare for two (2) between the major airport closest to Grand Prize Winner’s home, as determined by Sponsor in its sole discretion, and to an airport in or near Los Angeles, CA (“Los Angeles Airport”) (as determined by Sponsor in its sole discretion) and two (2) night’s standard double occupancy hotel accommodations at a hotel in or near the Los Angeles area (“Hotel”) (as determined by Sponsor in its sole discretion); and the opportunity for Grand Prize Winner and Guest to attend a live taping (“Taping”) ofa “Live Round” episode (“Episode”) of The Voice (“Show”), currently scheduled to take place on May 5, 2020 at Universal Studios- 100 Universal City Plaza Universal City, CA 91608: and $200 spending money. Other restrictions may apply. Terms and conditions apply. Set dates and times are at the sole discretion ofSponsors and are non-transferrable. Guest must be the age of majority in his or her state of residency. Other restrictions may apply.
Estimated Retail Value (“ERV”) of Grand Prize is one thousand and nine hundred dollars ($1,900.00). ERV of all Prizes is four thousand and nine hundred dollars ($4,900.00).
All details of Prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner(s). Prize cannot be transferred by Winner(s) or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner(s). Actual Retail Value (“ARV”) of Prize may vary. Trip ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure.Any difference between ERV and ARV will not be awarded. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the tax year in which Prize was won (for prizes worth more than six hundred dollars ($600)). If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate Winner(s) may be selected from the remaining eligible entries at Sponsor’s sole discretion.
Winners acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to any of the Prizes, including but not limited to, the quality, merchantability, habitability, mechanical condition, or fitness of the prize items.
Grand PrizeWinner must be able to travel May 4, 2020 – May 6, 2020 (or on such other dates designated by Sponsor).Travel and Taping arrangements must be made through Big Top Marketing and Promotions, Inc. and Luxe Travel. Prize Details/Restrictions: The Trip awarded to the Grand Prize Winner must be taken within dates provided by the Sponsor or that portion of the Grand Prize will be forfeited.Travel arrangements must be made through the Sponsor’s agent, Luxe Travel. Reservations must be made and ticket issued prior to departure. Winners will be contacted by Big Top Marketing & Promotions, Inc. and Luxe Travel to make travel arrangements for this prize. The vacation package is non-refundable and non-transferable. Airline Tickets and hotel reservations issued in conjunction with this promotion have zero cash value. Trip may not be combined with any other coupon, certificates, discount, bonus, infant fare, upgrade, or promotional offers/tickets. Airline and Hotel reservations must be made in the name of Grand Prize Winner and are non-transferable. Positive identification will be required at time of check-in. Travel must be roundtrip. Reservations must be made and ticket issued prior to departure. Booking and travel dates must fall into the range as specified. Big Top Marketing & Promotions, Inc. and Luxe Travel must issue all travel documentation. Travel may only be applied towards number of passengers specified on the Contest Documents; passengers must travel on the same itinerary and must be booked through Big Top Marketing & Promotions, Inc. and Luxe Travel. Hotel taxes, state and federal income taxes may apply and are the sole responsibility of the recipient. Checked luggage fees may apply and are the sole responsibility of the recipient. Fees are charged each way, and are subject to change. Changes to reservations, once made, are not permitted. A per ticket surcharge will apply for paper tickets issued in markets where electronic ticketing is available. Substitutions will not be allowed. Space is subject to availability. Grand Prize Winner must be 18 years of age or older. Flight schedules are subject to change without notice. Big Top Marketing & Promotions, Inc. is the final authority on the interpretation of these rules and reserves the right to change these terms and conditions without prior notice. Standard airline Terms and Conditions apply, and are outlined during the booking process; other airline, hotel, or vendor restrictions may apply.
Certain destinations may charge taxes or fees not covered by this prize. Grand Prize Winners and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of prize.Guest must be the age of majority in his or her state of residency. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip.Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay.Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.All travel and lodging will be at the risk of Grand Prize Winner and Guest.Trip must be taken on dates designated by Sponsor, and all travel must be completed by date designated by Sponsor.Grand Prize Winner and Guest must abide by all rules and restrictions and are solely responsible for satisfying all legally required conditions of travel.
Grand Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of the Grand Prize not specifically stated herein as being awarded, including, without limitation, Hotel taxes, departure/arrival/customs, immigration fees, travel from Grand Prize Winner’s residence to and from airport, ground transportation, travel insurance, security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs, international taxes, state and federal income taxes may apply and are the sole responsibility of the Grand Prize Winner. Changes to reservations, once made, are not permitted. A per ticket surcharge will apply for paper tickets issued in markets where electronic ticketing is available. Substitutions will not be allowed. Space is subject to availability; surcharge dates may apply. The number of seats available for use with this authorization is limited. Grand Prize Winner must be 18 years of age or older. Flight schedules are subject to change without notice. Sponsor are not responsible if the Taping is canceled, postponed, or delayed. All properly claimed prizes will be awarded, but in no event will Sponsor award more prizes than are provided for in these.
The Sponsor(s) are the final authority on the interpretation of these rules and reserves the right to change these terms and conditions without prior notice. Standard Terms and Conditions apply; other restrictions may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner’s place of residence. Grand Prize Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date., and must have valid travel documents (e.g., validgovernment issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of prize. Guest must be 18 years of age at the time of travel.Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay.All travel and lodging will be at the risk of Grand Prize Winner and Guest.Grand Prize Winner and Guest must abide by all rules and restrictions and are solely responsible for satisfying all legally required conditions of travel. Grand Prize Winner acknowledges and agrees that Grand Prize Winner has read, understands and agrees to these terms and conditions herein.
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Taping is subject to change. Taping is subject to cancellation. NBC reserves the right to change the date and time of Taping subject to production exigencies.If Grand Prize Winner chooses to attend Taping with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
All prizes provided by: Big Top Marketing and Promotions
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 (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6.PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
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.