Sweepstakes Name: 104.3 MYfm Honda Civic Tour featuring One Republic Giveaway (the “Sweepstakes”)
Participating Stations: 104.3 MYfm (collectively, “Stations”)
Station Address: 3400 W. Olive Ave. Suite 550, Burbank, CA 91505
Sponsor: Southern California Honda Dealers (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 AND reside within one of the following Southern California Counties: Santa Barbara, Ventura, Los Angeles, San Bernardino, Orange, Riverside, San Diego or Imperial (collectively, the “Eligible Counties”) AND are or at least 18 years of age or older at the time of entry. If you are not a legal resident of the United States, AND not located in one of the Eligible Counties listed above, AND 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. This sweepstakes is subject to all applicable federal, state and local laws.
Void outside the Eligible Counties and where prohibited or restricted by law. Odds of becoming a potential winner depend on the number of eligible entries received.
iHeart Media + Entertainment, Inc., its subsidiaries, affiliated companies, divisions, and individual stations, the Station, iHeartRadio and iHeartMedia (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.
- DESCRIPTION OF SWEEPSTAKES/PARTICIPATION.
- The Sweepstakes will begin on Saturday, August 19, 2017 at 9:00 AM Pacific Daylight Time (“PDT) and will end at 5:00 PM PDT on Sunday, August 27, 2017 (the “Sweepstakes Period”). Participants may enter during the “Entry Periods” listed below for selection as a Qualifier (defined below) in the Grand Prize Drawing.
Entry Periods of Sweepstakes:
The Entry Period in which entrants can submit a Sweepstakes entry in an attempt to be selected as a Qualifier (defined below) as follows:
Number of Entries Per Entry Period
Entry Period Start Time/Date
Entry Period End Time/Date
Saturday, August 19, 2017 @ 9:00am PDT
Saturday, August 19, 2017 @ 5:00pm PDT
Sunday, August 20, 2017 @ 9:00am PDT
Sunday, August 20, 2017 @ 5:00pm PDT
Monday, August 21, 2017 @ 6:00am PDT
Monday, August 21, 2017 @ 9:00pm PDT
Tuesday, August 22, 2017 @ 6:00am PDT
Tuesday, August 22, 2017 @ 9:00pm PDT
Wednesday, August 23, 2017 @ 6:00am PDT
Wednesday, August 23, 2017 @ 9:00pm PDT
Thursday, August 24, 2017 @ 6:00am PDT
Thursday, August 24, 2017 @ 9:00pm PDT
Friday, August 25, 2017 @ 6:00am PDT
Friday, August 25, 2017 @ 9:00pm PDT
Saturday, August 26, 2017 @ 6:00am PDT
Saturday, August 26, 2017 @ 5:00pm PDT
Sunday, August 27, 2017 @ 9:00am PDT
Sunday, August 27, 2017 @ 5:00pm PDT
Saturday, August 19, 2017 @ 9:00am PDT
Sunday, August 27, 2017 @ 5:00pm PDT
How to enter:
Entrant must be the selected caller (or online winner) to become a qualifier selected to participate in the Grand Prize drawing, subject to verification (each a “Qualifier”).
(1) On-Air Entry Method:
Beginning August 19, listen to the participating Station each Saturday and Sunday between 9am PDT and 5pm PDT and each week day (Monday-Friday) between 6:00 am PDT and 9:00 pm PDT throughout the Sweepstakes Period for the cue to call in and be the selected caller for the Sweepstakes. Throughout the Sweepstakes Period, each Entry Period day (as listed above) a “sounder” or cue to call will be aired at various times along with a message instructing listeners to call for a chance to become a Qualifier.
The participating Stations may or may not choose to announce exact times the cues will be played.
- The participant must be the designated caller, from all callers calling-in to participating Stations, to the phone number announced; the designated caller, if eligible, will win a preliminary prize as announced and become qualified to participate in the Grand Prize drawing. If the Company determines the designated caller is not eligible, the Company may select the next consecutive eligible caller as the Qualifier for that playtime. Listen to the Station for details on specific times to play. The dates and times of Station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating stations, at their sole discretion may or may not choose to air all playtimes due to programming obligations and other factors.
- The Company assumes no responsibility for entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
- WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local station to determine participation.
(2) Online Registration Entry Method:
To enter Sweepstakes via the Online Registration Entry Method, during the Online Registration Entry Period, go to the Station’s go to the Station’s MY Club website at 1043myfm.com beginning Saturday, August 19, 2017 at 9AM PDT and follow the contest links to complete the online registration form. Deadline for registration is 5PM PDT on Sunday, August 27, 2017. Valid contest entries must contain all information requested. A total of three (3) online entrants will be randomly selected to become a Qualifier for Grand Prize Drawing.
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 Company. 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. POTENTIAL WINNER DRAWING/SELECTION:
There will be a total of eight (8) randomly scheduled playtime(s) each Saturday and Sunday. There will be a total of (9) randomly scheduled playtime(s) each week day (Monday-Friday). A total of one (1) Qualifier per designated cue to call-in playtime, subject to verification, shall be selected to win the prize as announced and become qualified to participate in the Grand Prize Drawing for a total of seventy-seven (77) possible On-Air Qualifiers for the Sweepstakes Period.
There will be a total of three (3) possible Online Registration Qualifiers that will be randomly selected to participate in the Grand Prize Drawing for the Sweepstakes Period.
A total of eighty (80) Qualifiers will participate in the Grand Prize drawing. On or about Monday, August 28, 2017 the Company will randomly select one (1) Qualifier as the potential Grand Prize winner from among the eighty (80) qualified eligible entries collectively received during the Sweepstakes Period. Odds of winning the Grand Prize depend on the number of eligible entries received. If a Station does not receive any eligible callers during an applicable Entry Period or playtimes, qualifier for the entry period will be forfeited.
Following selection, on or about Monday, August 28, 2017 Company will notify the winner by telephone or e-mail. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Company may use to contact the potential winner. The Company is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Company is not obligated to leave voice mail, answering machine, or other message. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winners, 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.
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 are 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) the potential winner and/or finalists must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
The potential winner 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 Company reserves at its sole discretion the right to not award the prize or to determine an alternate winner in accordance with the official rules in the event that that any potential winner or finalist has been disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events. 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 Company 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 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 who 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 twenty four (24) hours after the first (1st) 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 an alternate winner may be randomly selected from among all remaining eligible entries, as determined by Sponsor in its sole and discretion. 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.
3. PRIZES: 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 the Grand Prize. The Grand Prize 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 these 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 Grand Prize winner are:
Eighty (80) Qualifying Prizes - A pair of “2017 Honda Civic Tour featuring One Republic” tickets at The Forum on August 31, 2017 OR Honda Center on September 2, 2017 (to be determined by iHeartMedia LA), valued at $100 U.S. Dollars. Prizes provided by iHeartMedia.
**Only one (1) prize (a total of two (2) concert tickets) will be awarded from any participating station
Per household per Qualifier for the duration of the Sweepstakes. Travel not included.
One (1) Grand Prize - A 2017 Honda Civic Sedan LX. Winner will select their vehicle from the inventory available. If a winner is disqualified, the Company reserves the right to determine an alternate winner by conducting a random drawing of the remaining eligible Qualifiers. Winner must hold a valid CA Driver License and proof of insurance to claim the Grand Prize. Prizes are not transferable or exchangeable for any other prize. Manufacturer’s Suggested Retail Price [“MSRP”] value $18,740. Prize provided by Southern California Honda Dealers.
Grand Prize Buyout Option: Not applicable. There is not Buyout Option.
Winner is responsible for any expenses associated with the vehicle, including, but not limited to: sales tax, insurance, extended warranties and all other costs incurred in claiming, registering or using the vehicle. Winner is also responsible for all costs associated with any optional accessories ordered by the winner. Winner must take delivery from a dealership designated by Sponsor and must take possession of the Grand Prize no later than thirty (30) days after receiving notice that the vehicle is ready to be claimed. Failure of the winner to take possession within such time will result in disqualification. Winner must provide evidence of insurance and a valid driver’s license prior to taking delivery of the vehicle. All taxes, upgrades and any other expenses not specifically identified in these Official Rules as included in a prize are the responsibility of each winner. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose.
Grand Prize winner may not substitute, exchange, or apply the vehicle’s value towards a higher cost or alternate vehicle. Designated vehicle must be the Sponsor designated vehicle that is currently in designated dealer’s stock of inventory. Sponsor reserves the right to award an alternate year model (i.e. 2016), if the 2017 model is not available at the time of prize award. If the designated prize vehicle MSRP is under the stated value, the winner will not be awarded the difference between the vehicle’s actual MSRP and stated value. Grand Prize winner is responsible for paying any and all sales tax on prize award at time of delivery, estimated cost and fees may vary depending on the state and county in which the vehicle is awarded. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner.
Conditions and restrictions may apply. Limit: One (1) prize per person/household for this Sweepstakes. Winner(s) and winner’s household members cannot have won a prize through any Company promotion in the sixty (60) days prior to this Sweepstakes start date for prizes valued UNDER $1,000. Upon winning a prize valued at $1,000 or more or winning a trip, the household may not win a second trip or prize valued at $1,000 or more within one (1) year period following the first win. 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.
The Company, its employees and agents, the Sweepstakes Entities, Station(s) prize provider(s), sponsor(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.
6. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees (and agrees to confirm in writing) to release and waive any and all claims of liability against the Released Parties from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release the Company, any participating Station, the Sweepstakes Entities, and, when applicable, the Sweepstakes’ sponsor(s), prize provider(s), third party fulfillment service, and each of their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 5 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Company will have no further obligation to winner.
7. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related fees, other costs or expenses related to prize acceptance and use not specified herein, regardless of whether such prize is used in whole or in part. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
8. CONDUCT AND DECISIONS. All decisions of the Company will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Company’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners come forward seeking to claim the Prize, an alternate potential winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Company’s and/or Station’s "discretion" and/or any exercise of discretion by the Company or Station shall mean in Company’s and/or Station’s "sole and unfettered discretion." The Company further reserves the right to: (i) terminate or declare any Sweepstakes null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes; (ii) alter or amend these Sweepstakes rules at any time; and/or (iii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Sweepstakes rules will be broadcast on-air, when practical. The Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Company, any segment of the Sweepstakes is delayed, rescheduled, postponed or cancelled, the Company reserves the right, but not the obligation, to modify, suspend or cancel the Sweepstakes and shall not be required to award a substitute prize.
10. 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.
10. MISCELLANEOUS. Company reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all entrants. The Company disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. For a copy of the rules, or where required by law, a list of winners, visit the business office of the participating Station during normal business hours or visit the Company’s website. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
11. COMPLIANCE WITH LAW AND GOVERNING LAW. The conduct of the Sweepstakes, and its Terms and Official Rules, are governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company and participating Station(s) shall follow the applicable laws for conducting Sweepstakes, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Sweepstakes, etc. as required by applicable local and state law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Company in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.