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 AN ENTRANT'S 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.
EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED 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 2 BELOW.
Sweepstakes Name: Wendy's Fun Da Dip Sweepstakes (the "Sweepstakes")
Participating Stations: See attached Appendix A (collectively the "Stations")
Station Address: 2500 Maitland Ctr. Pkwy, Suite 401, Orlando, FL 32751
Telephone: 407 916 1041
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 or send your request by mail at iHeartMedia + Entertainment, Inc. at (station address listed below)
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Wendy's Fun Da Dip Sweepstakes, 2500 Maitland Ctr. Pkwy, Suite 401, Orlando, FL 32751.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal residents of the 50 states of the United States or the District of Columbia, (ii) who are 18 years of age or older at the time of entry (19 or older if a resident of Alabama or Nebraska), and (iii) who reside within the participating Station's Total Market Area ("TMA") (as defined by Nielsen Audio). Commonly, the TMA represents the Station's intended listening audience.
If you are not a legal resident of the United States, not located in the Station's TMA, or you are not the required age as of time of entry, you are not eligible to enter this Sweepstakes or to win a prize. 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.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
Void outside participating Station's TMA and where prohibited by law.
2. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. The Sweepstakes begins on October 31, 2017 at 5:00:00 a.m. ET and ends at 12:00:00 p.m. ET on November 26, 2017 ("Entry Period").
How to Enter: Throughout the Entry Period, each day, you may text the keyword ‘DIP' to short code 37337 to enter for a chance to become a winner. You will receive at least one (1) autodialed 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 37337. To STOP, text "STOP" to 37337 to cancel.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.
ALTERNATE METHOD OF ENTRY (AMOE), to enter the Sweepstakes without sending a text message, you may register by logging onto the participating station's websites and follow the Sweepstakes links to enter by completing the online registration for the Sweepstakes. Any entry received or made either by text or online after the Entry Period will not be valid and will not be deemed eligible. Deadline for registration is: November 26, 2017 at 12:00 pm ET. Valid Sweepstakes entries must contain all information requested and must be received by the Website's administrator on or before the deadline for registration.
Regardless of what method of entry is used, there is a limit of one (1) entry per person/mobile phone number and/or verified email address per day for the duration of the Entry Period. Incomplete and/or invalid or duplicate entries will be disqualified.
Entries must contain all information requested and comply with all any applicable restrictions or requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them in connection with the Sweepstakes, via phone or text message, at the telephone number from which the text message entry was received. The Sponsor 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, 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. The Sponsor'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 Sponsor and will not be receipt acknowledged or returned. Sponsor'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 Sponsor assumes no responsibility for entrants not making timely texts to the Sponsor. The Sponsor assumes no responsibility for entrants not receiving the short code as a result of the delays or issues in the Internet stream or otherwise.
Entry by sending a text message will not improve your chance of winning. Text message entries must meet all requirements set forth herein in order to be eligible. 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 Sponsor 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 Sponsor to notify them via a return text messages relating to the Sweepstakes 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. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the short code is not considered proof of delivery to, or receipt by, Sponsor of such entry. Entrants are restricted to the use of ordinary telephone equipment. The Sponsor 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 Sponsor's control, or otherwise. By participating in a Sweepstakes in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Sponsor 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 Sponsor 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 Sponsor, 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 Entry Period and up to 60 days. The Sponsor 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 Sponsor 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 Sponsor 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 SPONSOR 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.
3. WINNER SELECTION.
On or about November 27, 2017 during the Entry Period the Sponsor will randomly select five (5) finalists from among all eligible entries collectively received from both entry methods during the Entry Period to participate in the Grand Prize Drawing.
Finalists will receive a Finalists Prize.
On or about November 27, 2017, the Sponsor will randomly select one (1) Grand Prize Sweepstakes winner from among the five (5) Finalists' eligible entries collectively received during the Entry Period.
Odds of winning a prize depend on the number of eligible entries received.
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.
The potential winner will be notified by phone at the phone number provided during registration. THE SPONSOR WILL CALL THE POTENTIAL WINNER THREE (3) TIMES WITHIN ONE (1) HOUR. THE POTENTIAL WINNER MUST ANSWER ONE OF THE CALLS. IF THE POTENTIAL WINNER DOES NOT PICK UP ONE OF THE CALLS WITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. Sponsor is not obligated to and will not leave a voicemail or other message when contacting the potential winner. Notification is deemed to have occurred immediately upon placing of a phone call. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s), or (if the finalist or potential winner is a minor) for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, may (in Sponsor's sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
FIVE (5) FINALISTS PRIZES:
Each Grand Prize Winner will receive a $100 Wendy's gift card
Approximate Retail Value ("ARV") of each prize: $100
Prize provided by: Wendy's
ONE (1) GRAND PRIZE:
Prize package will include the following:
A trip to St. Petersburg/Clearwater, FL ("Location") for the Grand Prize Winner and up to three (3) eligible guests ("Prize").
- Roundtrip economy class airfare for up to four (4) between the major metropolitan airport nearest prize winner'sprimary residence (in the event of any dispute, airport shall be as determined by Sponsor in its sole discretion) to Location.
- Four (4) nights hotel accommodations (standard double occupancy room at destination (hotel shall be determined by Sponsor in its sole discretion)
- $200 Visa Gift Card
- Travel must take place between January 5, 2018 and December 15, 2018
Prize value may vary depending upon departure location and time of travel. Other restrictions apply.
Approximate Retail Value ("ARV"): $2,800.
Prize provided by: Visit St. Pete's
Visa gift cards are subject to terms and conditions as set by issuer. Visa and the Visa logo are registered trademarks of Visa U.S.A. Inc. Visa U.S.A. Inc. is not a Sponsor of or affiliated with this Sweepstakes.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
Trip Prize Conditions: All prize packages shall include round-trip, coach class air transportation for winner from a major commercial airport near winner's home to the destination and a double occupancy standard hotel room as specified in herein. 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 and is specified in these Official Contest Rules. Selection of airline and hotel are solely within Sponsor's discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the prizewinner(s) is unavailable for travel on the designated dates, the specified or prize will be forfeited and may or may not be awarded to an alternate prizewinner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. If the winner is eligible, but a minor in his/her state of residence, the travel guest must be winner's parent or legal guardian. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) MAY ONLY ACCOMPANY THE WINNER AS A TRAVEL GUEST IF THE WINNER IS THE MINOR'S PARENT OR LEGAL GUARDIAN. ALL 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. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver's license) required for travel. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, the trip may be forfeited and an alternate winner will be selected, in the Sponsor's sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified. 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. If in the judgment of the Sponsor, air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at the Sponsor's sole and absolute discretion. The difference in value will not be awarded to the prize winner. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest will be required to complete and return the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their travel guest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner's expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor's prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor's prize partner(s), if any; such as hotels, 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, INCLUDING BOATING, 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 SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED "AS IS" AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner's name may be included in a publicly available winners list.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the "Released Parties") from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner's name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities' sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
9. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor's decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor's and/or Station's "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor's and/or Station's "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station's website, when practical. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys' fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant's fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.
APPENDIX A – PARTICIPATING STATIONS
Station Address Website Phone Number WQNQ-FM* 13 Summerlin Rd https://star1043.iheart.com (828) 257-2700 ASHEVILLE NC Asheville, NC 28806 WBZY-FM* 1819 Peachtree Rd NE Suite #700 https://elpatron1053.iheart.com 404.875.8080 ATLANTA GA Atlanta, GA 30363 WWPW-FM* 1819 Peachtree Rd, Suite 700 Atlanta, GA 30309 https://power961.iheart.com 404.875.8080 ATLANTA GA Atlanta, GA 30309 WUBL-FM* 1819 Peachtree Rd, Suite 700 Atlanta, GA 30309 https://949thebull.iheart.com 404.875.8080 ATLANTA GA Atlanta, GA 30309 WRDA-FM* 1819 Peachtree Rd NE Suite # 700 https://radio1057.iheart.com 404.875.8080 ATLANTA GA Atlanta, GA 30309 WKKR-FM* 915 Veterans Parkway https://kickerfm.iheart.com 334-745-4656 Auburn-Opelika AL Opelika, AL 36801 WEND-FM* 801 Wood Ridge Center Drive https://1065.iheart.com 704-714-9444 CHARLOTTE NC Charlotte, NC 28217 WLKO-FM* 801 Wood Ridge Center Dr. https://1029thelake.iheart.com 704-714-9444 CHARLOTTE NC Charlotte, NC 28217 WUSY-FM* 7413 Old Lee Hwy https://us101country.iheart.com 423-892-3333 CHATTANOOGA TN Chattanooga, TN 37421 WXBT-FM* 316 Greystone Blvd https://thebeatcolumbia.iheart.com 803-343-1100 COLUMBIA SC Columbia, SC 29210 WNOK-FM* 316 Greystone Blvd https://wnok.iheart.com 803-343-1100 COLUMBIA SC Columbia, SC 29211 WBFA-FM* 1501 13th Ave. https://thebeatcolumbus.iheart.com 706.576.3000 COLUMBUS GA Columbus, GA 31909 WVRK-FM* 1501 13th Ave. https://rock103columbus.iheart.com 706.576.3000 COLUMBUS GA Columbus, GA 31901 WEGX-FM* 181 E Evans St, Suite 311 https://eagle929online.iheart.com 843-667-4600 FLORENCE SC Florence, SC 29506 WMKS-FM* 2-B Pai Park https://1003kissfm.iheart.com 336-822-2000 GRNSB/WIN-SAL NC Greensboro, NC 27409 WMAG-FM* 2-B PAI Park https://995wmag.iheart.com 336-822-2000 GRNSB/WIN-SAL NC Greensboro, NC 27409 WTQR-FM* 2-B PAI Park https://q1041.iheart.com 336-822-2000 GRNSB/WIN-SAL NC Greensboro, NC 27409 WVBZ-FM* 2-B PAI Park https://1057manup.iheart.com 336-822-1057 GRNSB/WIN-SAL NC Greensboro, NC 27409 WMYI-FM* 101 N. Main Street Suite 1000 https://my1025.iheart.com 1-800-248-0863 GRNVLL/SPARTANBG, SC Greenville, SC 29601 WACL-FM* 207 University Blvd. https://98rockme.iheart.com 540-434-1777 HARRISONBURG VA Harrisonburg, VA 22801 WQIK-FM* 11700 Central Parkway https://991wqik.iheart.com (904) 636-0507 JACKSONVILLE FL Jacksonville, FL 32224 WJBT-FM* 11700 Central Parkway https://wjbt.iheart.com (904) 636-0507 JACKSONVILLE FL Jacksonville, FL 32224 WKSL-FM* 11700 Central Parkway https://979kissfm.iheart.com (904) 636-0507 JACKSONVILLE FL Jacksonville, FL 32224 WIBB-FM* 7080 Industrial Hwy. https://wibb.iheart.com 478-781-1063 MACON GA Macon, GA 31216 WLRQ-FM* 1388 South Babcock Street https://literock993.iheart.com 321-821-7100 MELBOURNE FL Melbourne, FL 32901 WKSJ-FM* 555 Broadcast Dr. 3rd floor https://95ksj.iheart.com 251-450-0100 MOBILE AL Mobile, AL 36606 WWXM-FM* 4841 Highway 17 Bypass South https://mix977.iheart.com (843) 293-0107 MYRTLE BEACH SC Myrtle Beach, SC 29577 WGTR-FM* 4841 Highway 17 Bypass South https://gator1079.iheart.com (843) 293-0107 MYRTLE BEACH SC Myrtle Beach, SC 29577 WYLD-FM* 929 Howard Ave. https://wyldfm.iheart.com 504-679-7300 NEW ORLEANS LA New Orleans, LA 70113 WNOE-FM* 929 Howard Ave. https://wnoe.iheart.com 504-679-7300 NEW ORLEANS LA New Orleans, LA 70113 WOWI-FM* 1003 Norfolk Sq., 23502 https://103jamz.iheart.com 757-466-0009 NORFOLK VA Norfolk-Virginia Beach-Newport News, VA 23502 WJRR-FM* 2500 Maitland Ctr. Pkwy Suite 401 https://wjrr.iheart.com 407-916-1011 ORLANDO FL Maitland, FL 32751 WTKS-FM* 2500 Maitland Ctr. Pkwy, Ste 401 https://realradio.iheart.com 407 916 1041 ORLANDO FL Orlando, FL 32751 WTKX-FM* 555 Broadcast Dr. 3rd floor https://tk101.iheart.com 251-450-0100 PENSACOLA FL Mobile, AL 36606 WDCG-FM* 3100 Smoketree Ct., #700 https://g105.iheart.com 919-860-1051 RALEIGH-DURHAM, NC Raleigh-Durham, NC 27604 WRXL-FM* 3245 Basie Rd. https://xl102richmond.iheart.com 804-474-0000 RICHMOND VA Richmond, VA 23228 WBTJ-FM* 106.5 The Beat https://1065thebeat.iheart.com 804-474-0000 RICHMOND VA 3245 Basie Road WJJS-FM* 3807 Brandon Ave, Ste 2350 https://wjjs.iheart.com 540-725-1220 ROANOKE VA Roanoke, VA 24018 WTZB-FM* 1779 Independence Blvd https://z105.iheart.com 941-552-4800 SARASOTA FL Sarasota, FL 34234 WSRZ-FM* 1779 Independence Blvd https://wsrz.iheart.com 941-552-4800 SARASOTA FL Sarasota-Bradenton, FL 34234 WCTQ-FM* 1779 Independence Blvd https://921ctq.iheart.com 941.552.4800 SARASOTA FL Sarasota, FL 34234 WLVH-FM* 245 Alfred Street https://love1011.iheart.com 912-964-7794 SAVANNAH GA Savannah, GA 31408 WQBT-FM* 245 Alfred Street https://941thebeat.iheart.com 912-964-7794 SAVANNAH GA Savannah, GA 31408 WLVH-FM* 245 Alfred Street https://love1011.iheart.com 912-964-7794 SAVANNAH GA Savannah, GA 31408 WGMY-FM* 325 John Knox Rd. Building G https://kissfm1071.iheart.com 850-422-3107 TALLAHASSEE FL Tallahassee, FL 32303 WXSR-FM* 325 John Knox Rd. Bldg. G https://x1015.iheart.com 850-422-3107 TALLAHASSEE FL Tallahassee, FL 32303 WXTB-FM* 4002 Gandy Blvd. https://98rock.iheart.com 813-832-1000 TAMPA-ST PETE FL Tampa-Saint Petersburg-Clearwater, FL 33611 WMTX-FM* 4002 Gandy Blvd. https://tampabaysmix.iheart.com 813-832-1000 TAMPA-ST PETE FL Tampa, FL 33611-0000 WLDI-FM* 3071 Continental Dr. https://wild955.iheart.com 561-616-6600 WEST PALM BEACH, FL West Palm Beach, FL 33407 WKGR-FM* 3071 Continental Dr. https://gaterrocks.iheart.com 561-616-6600 WEST PALM BEACH, FL West Palm Beach, FL 33407 WOLL-FM* 3071 Continental Dr. https://1055online.iheart.com 561-616-6600 WEST PALM BEACH, FL West Palm Beach, FL 33407