Sweepstakes Name: Fresh Thyme Farmers Market wants you to get your year off to a Fresh start with the chance to win a trip for two to the Red Mountain Resort and enjoy an Essential Retreat! Sweepstakes (the “Sweepstakes”)
Participating Station(s): WKSC-FM (Chicago), KDWB (Minneapolis), WOLT (Indianapolis) (collectively, the “Station”)
Telephone: 312-540-2000 (Chicago), 952-417-3000 (Minneapolis), 317-257-7565 (Indianapolis)
Sponsor: Fresh Thyme Farmers Market (the “Sponsor”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
This Sweepstakes is open only to individuals who are legal residents of the 50 United States or the District of Columbia, who are at least 18 years of age or older, and who reside within the participating Station’s Total Market Area (“TMA”) (as determined by the Station or otherwise as defined by Nielsen Audio, a radio research firm), all at the time of entry. Commonly, the TMA represents the total overall radio station's comprehensive listening market audience within a geographic area encompassing all industry defined media market areas. If you are not a legal resident of the United States, not located in the participating TMA, 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. 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.
Void outside participating Station’s TMA and where prohibited or restricted by law. Odds of being a Station Drawing winner depends on the number of eligible entries received for such drawing. A Station Drawing winner’s odds of winning the Grand Prize are 1 in 110. Only verified Station Drawing winners shall be eligible for the Grand Prize Drawing.
iHeartMedia, Inc., its subsidiaries, affiliated companies, divisions, and individual stations, the Station, 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 Company, Sponsor, 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 one (1) random drawing for each Station (“Station Drawing(s)”) and a Grand Prize drawing for all Stations (“Grand Prize Drawing”). For purposes of the Station Drawing entries, you will only receive an entry into the drawing corresponding the Station in which you are a legal resident in such Station’s TMA. Only verified and qualified winners from each Station Drawing are eligible for the Grand Prize drawing.
Dates of Sweepstakes: The Sweepstakes will begin on January 1, 2018 at 12:00:00 am Central Time (“CT”) and ends at 11:59:59 pm on February 4, 2018 (the “Sweepstakes Period”). The Sweepstakes Entry Period consists of five (5) weekly entry periods (“Entry Period” or “Weekly Entry Period”) as follows:
How to enter the Station Drawing: During the Sweepstakes Period, visit one of the following websites that corresponds to the Station in which you are a legal resident of its TMA: www.1035kissfm.com (Chicago), www.kdwb.com (Minneapolis), and www.alt1033.com (Indianapolis) (collectively, the “Website”). Then, follow the links and instructions to access the registration form. Fill out the registration form with all required information (including your name, telephone number, email address, date of birth, and/or any other information requested by the Company) to receive one (1) entry into the corresponding Station Drawing for the Weekly Entry Period corresponding to when you entered. Limit: one (1) entry per person/email address during the entire Sweepstakes Period.
Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
All 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. 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 Website and/or Company for online entries. When applicable, 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 if prohibited multiple entries are determined. Entries in excess of the above stated limit will be declared ineligible. 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.
2. STATION DRAWING/SELECTION/PRIZE: On or about the date set forth in the chart above, for each Weekly Entry Period, Company will randomly select the corresponding number of entries from among all eligible entries received for each Station Drawing:
Station Number of Station Drawing Winners Per Weekly Entry Period Total number of Station Drawing Winners during the entire Sweepstakes Period
Odds of winning a Station Drawing prize depends on the number of eligible entries received for such drawing’s Weekly Entry Period. Potential Station Drawing winners will be notified on or around each Monday of the contesting period via email. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Company’s sole discretion. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, upon pickup or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Company is not responsible for any change of email address, mailing address and/or telephone number of entrants.
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 (or any portion thereof) 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. Prizing will be provided by and fulfilled by Sponsor. The Company is not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. The prize will only be awarded if properly claimed according to the Official 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 winners are:
Each verified Station Drawing winner shall receive one (1) $100 Fresh Thyme gift card.
Approximate Retail Value (“ARV”) of each prize: $100. ARV is as of date of printing of these Official Rules. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Limit: one (1) Station Drawing prize per person/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Company and/or Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Gift cards are subject to the terms, conditions, and restrictions as set by the issuer.
Each verified Station Drawing winner must visit their Station at the address provided to redeem his/her gift card. Unredeemed gift cards shall not be awarded. Each verified Station Drawing winner will have 90 days to pick up prize. If for any reason the potential winner cannot pick up the prize in the time allotted, the prize may be forfeited, in the Company’s sole discretion.
3. GRAND PRIZE DRAWING: The Grand Prize Drawing is only available to the verified winners of the Station Drawings. Entrants that are not winners of their Station’s drawing for any Weekly Entry Period during the Sweepstakes Period are not eligible for the Grand Prize Drawing.
On or about On February 5, 2018, Company will randomly select one (1) grand prize winner from among all verified Station Drawing Winners. Odds of winning the grand prize is 1 in 110.
Potential Grand Prize winner will be notified on or around 10:00am on February 5th 2018 via a phone call to the winner’s phone number provided at the point of entry. Potential Grand Prize winner may be called by Company up to two times. Potential Grand Prize Winner has five (5) days from February 5th 2018 to reply to the winner notification via phone before such winner is disqualified. Potential grand prize winner is subject to verification. If a potential grand prize winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if phone number is disconnected or otherwise busy or invalid, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Company’s sole discretion. Grand prize winner will be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within thirty (30) days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. Company is not responsible for any change of email address, mailing address and/or telephone number of entrants.
4. General Sweepstakes Terms: By participating in this Sweepstakes, you agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company 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) any potential winners must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to participate 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 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, if a potential prize winner 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 for the potential winner to be qualified for the prize (and if no such time is given, within the time provided herein). The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner 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.
5. GRAND PRIZE. 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 (or any portion thereof) 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. Prizing will be provided by and fulfilled by Sponsor. The Company is not in any way responsible or liable for damages resulting from use or misuse of any prize awarded in this Sweepstakes, including any travel related thereto. 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 Grand Prize winner are:
One (1) verified Grand Prize winner will receive one (1) trip for the winner and one (1) guest to Ivins, Utah. Prize includes: (i) round-trip, coach class air transportation for the winner and one (1) guest from the major commercial airport nearest winner’s residence (as determined by Company in its sole discretion) within the Station’s TMA to an airport near Ivins, Utah (as determined by Company in its sole discretion); (ii) hotel accommodations for three (3) nights in one (1) double occupancy, standard hotel room; and (iii) The Essential Retreat package for the winner and one (1) guest, which provides access to all resort amenities, daily fitness calendar, guided morning hikes, three healthy gourmet meals daily, and Eat Well, Feel Well cooking demonstrations. ARV: $3,000. 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. 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.
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, all ground transportation, in-room charges (e.g., mini-bar, room service, telephone, movies, etc.), extra meals and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Winner must complete travel within one (1) year of date of award. Travel dates are subject to restrictions and blackout dates, as set by Company and resort/hotel, in their sole discretion. In the event the winner cannot travel to Ivins, Utah by the date designated by Company, winner may be disqualified. Winner and guest 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 terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability and other material restrictions may apply. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Winner and travel guest must travel on same itinerary. Company is not responsible for any fees or additional charges resulting from a winner’s or guest’s change to itinerary or accommodations. Company 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. Company 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, Company 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. Winner and guest are 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. If any winner is eligible, but a minor in his/her state of residence, the travel guest must be the winner’s parent or legal guardian. Travel guest must be eighteen years of age or older at the time of booking. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors 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. 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 will not be replaced or exchanged.
Company is not responsible for any delay or cancellation of prize event due to unforeseen circumstances, or those outside of Company’s control. In the event, for whatever reason, any prize-related event is cancelled prior to, or during, the winner’s trip, the experience will not be awarded and Company will not provide any compensation or substitution for that portion of the prize. Winner and guest agree to comply with all applicable venue regulations in connection with the prize.
General Prize Conditions: Prize conditions and restrictions may apply to all prize components. Limit: One (1) Grand Prize per person/household for this Sweepstakes. Winner and winner’s household members cannot have won a prize through any Company promotion in the thirty (30) days prior to this Sweepstakes start date. 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. Company reserves the right to not award any prize associated with a canceled event, without any payment or obligation to the winner or potential winner. 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 any Sweepstakes prize event or in any other objectionable behavior.
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. Any prize substitution shall be at the sole discretion of the Company and/or Sponsor. Winner 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. ALL PRIZES ARE AWARDED “AS IS” AND THE COMPANY 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.
6. TAMPERING AND DELIVERY DISCLAIMER. (a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Company determines (in its sole discretion) is or is attempting to: (i) tamper with the Company’s Website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to, annoy, abuse, threaten or harass any other
The Company, its employees and agents, the Sweepstakes Entities, prize provider(s), any applicable third party fulfillment service, and each of their respective employees and agents (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 (5) 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 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 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. In no event will the quantity of prizes awarded exceed the number of prizes described in the Sweepstakes Official Rules.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees (and agrees to confirm in writing) to release and waive any and all claims of liability against the 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 and/or any item redeemed therewith. By accepting the prize, winner hereby agrees: (i) to release the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes including any travel related thereto; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 7 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, he Company 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 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 r, 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.
10. CONDUCT AND DECISIONS. All decisions of the Company and/or Sponsors 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.
11. 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 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. 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 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. The conduct of the Sweepstakes is 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 Sweepstakess, 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 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.
14. WINNER’S LIST. For a copy of the rules, or where required by law, a list of winners, visit the Station’s Website (www.1035kissfm.com, www.kdwb.com, or www.alt1033.com). Requests must be received by March 5, 2018.