OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.MULTIPLE ENTRY DEADLINES APPLY.
Sweepstakes Name:MYfmPepsi Gift It Forward Sweepstakes(the “Sweepstakes”)
Station Address:3400 W. Olive Ave. Suite 550, Burbank, CA 91505
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 acopy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours, send your request by mail to iHeartMedia + Entertainment, Inc., ATTN: MYfmPepsi Gift It Forward Sweepstakesat3400 West Olive Ave. Suite 550, Burbank, CA 91505or visit the websitehttps://1043myfm.iheart.com/.
List of Winner(s):For the name(s)of the winner(s)send a stamped, self-addressed envelope, to:ATTN: MYfm Pepsi Gift It Forward Sweepstakesat3400 West Olive Ave. Suite 550, Burbank, CA 91505.
1.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state ofCalifornia,and (ii) who are 18 years of age or older at the time of entry(“Entrant”).
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state ofCaliforniaand where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions,suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one prize to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days per station. An individual may not win more than three (3) times in thirty (30) days (local and national combined). Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
2.TIMING.Sweepstakes begins onNovember 18,2019at6:00:00p.m.PT and ends at7:00:00p.m.PT onNovember 22,2019(“Sweepstakes Period")and will be divided intofive(5) entry periods (each an “Entry Period”)comprised ofone(1) playtime each day as set forth belowas set forth below.
- November 18,2019: listen between6:00:00pm PT and7:00:00pmPT/1playtime
- November 19, 2019: listen between6:00:00pm PT and7:00:00 pmPT/ 1 playtime
- November 20, 2019: listen between6:00:00pm PT and7:00:00 pmPT/ 1 playtime
- November 21, 2019: listen between6:00:00pm PT and7:00:00 pmPT/ 1 playtime
- November 22, 2019: listen between6:00:00pm PT and7:00:00 pmPT/ 1 playtime
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
- On-Air Entry Method:
BeginningNovember 18,2019, listen tothe participating Stationbetween6:00:00pmPT and7:00:00pmPT throughout the Sweepstakes Period for the cue to call in and be the selected caller to the designated Sweepstakes announced. Throughout the Sweepstakes Period, each Entry Period (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 apotentialgrand prize winner. 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 from participating Stations, to the phone number announced; the designated caller, if eligible, will be declared a potentialgrand prize winner.At that time, the Station’s personalitywill askthe grand prize winner toeithertransfer the prize to one (1) of their friends or family members OR keep the prize for themselves (See Section 3below). If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potentialgrand prize winnerfor 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 Sponsor 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 shouldcontact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause.Multiple entrants are not permitted to share the same email address.Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address.Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received.All entries become the property of Sponsor and will not beacknowledged or returned.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winnermust be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3.WINNER SELECTION:There will be a total offive(5) randomly scheduled playtimesduring theSweepstakes Period. A total offive(5) grand prize winners, one (1) winner per designated cue to call-in playtime, subject to verification, shall be selected to win the prize as announced during the Sweepstakes Period. The potential prize winner may choose one (1) of two (2) options:
Option 1: The grand prize winner may choose to transfer the prize to one (1) of their friends or family members. The grand prize winner and their friend or family member must meet all of the eligibility requirements of these Official Rules, agree to be bound by these Official Rules and complete any documents provided by the Sponsor in order to transfer the prize to their friend or family member. If the individual to whom the grand prize winner chooses to transfer the prize decides not to accept the prize, is ineligible to accept theprize, or the intended recipient has not followed the directions to claim theprize afterreceiving notification, theprizewill revert back to thegrand prize winnerwho will be required to keep theprizefor themselves, provided they meet all of the eligibility requirements and other requirements of these Official Rules.
Option 2: Thegrand prize winner may choose to keep the prizefor themselves, provided they meet all of the eligibility requirements and other requirements of these Official Rules.
Theprizemay only be transferredto the intended recipientOR kept by thegrand prize winner. The dollar value of aprizecannot be split between/among the options. By way of example, if thegrand prize winneris awarded $500, thegrand prize winnercannot choose to give $250to a friend andkeep$250forthemselves. Theprizemust be transferred OR kept by thegrand prize winnerin its entirety. Once thegrand prize winnerdecides which option they choose (Option 1transfer the prize toa friend/family member, or Option 2 keepthe prizefor themselves), that decision cannot be changed.
All federal, state, and local taxes, fees, and surcharges on anyprizeare the sole responsibility oftheultimateprize recipient with respect to Options one (1) andtwo(2) above. With respect to Option 1, the individual to whom theprizeis transferred may be issued a 1099 for the value of theprize. If thegrand prize winnerchooses to keep theprizefor themselves, a 1099 for the value of theprizemay be issued to thegrand prize winner. Prizeswith a total value of $600 or more will be issued an IRS Form 1099-MISC early in the year following the year in whichthe prizewas awarded for filing with his/her federal and state tax returns. Sponsor complies with all tax reporting requirements. The amount of any tax liability will vary depending on winner’s tax bracket.
Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility.If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited.The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Winner Notification: Winner will be notified immediately at the time of call-in. In the event that the potential Winner declines the prize or fails to provide signed affidavits or releases, such Winner will be deemed to forfeit the prize and Sponsor may, at its discretion, select an alternate Winner. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants.The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner(s).
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions.The potential prize winner and 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) Grand Prizes:
Each grand prize winner will receivea $500 gift card.
Approximate Retail Value (“ARV”)of each prize: $500
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.
Conditions and restrictions may apply. Limit: One (1) prize per person/household.ALL PRIZES ARE AWARDED “AS IS” AND THESPONSORDOES 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 Partiesare 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 theSweepstakes; (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 theSweepstakes;(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 theSweepstakes; (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 theSweepstakes; or (6) technical or human error which may occur in the administration of theSweepstakesor the processing of entries.
TheSponsorfurther reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify theSweepstakes, void any suspicious entries, rescind any prize, and/ordetermine absolute resolution, and/or an alternate method of conducting theSweepstakesand/or awarding the prize(s) at any time, for any reason, orif, in the sole discretion of theSponsor, it is impossible or impractical to complete or conduct theSweepstakesas 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 theSweepstakes,by any human error which may occur in the execution of thisSweepstakes, or any other causes which effect the operation of theSweepstakesor the rules of the integrity oftheSweepstakeshave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in theSweepstakesand/or(ii) stop or conclude theSweepstakesat any time without prior notice. Material changes to theOfficial Rules will be broadcast on-air, when practical.In the event of termination of theSweepstakesbySponsor,Sponsorreserves the right to award any prize(s) in a manner deemed fair and equitable bySponsor.
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, ANDLIMITATIONS OF LIABILITY.By participating in theSweepstakes, each entrant agrees to release and waive any and all claims of liability against theSweepstakes Entitiesandany 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 theSweepstakes, 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 releaseeach of the Released Partiesfrom any and all claims in connection with theSweepstakesand 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 Section6prior 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 theSweepstakesEntities’ sole control.Upon awarding the prize,theSponsorwill have no further obligation to winner.
9.TAXES.Any valuation of the prize(s) stated above is based on available information provided to theSponsor, and the value of any prize awarded to a winner may be reportedto the IRSas required by law.Each winner is solely responsible for reporting and paying any and allapplicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide theSponsorwith 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 theSponsorin a calendar yearwillbe issuedan IRSForm1099reporting the value of those prizes to the IRS.
10.CONDUCT AND DECISIONS.All decisions of theSponsorwill be final and binding on all matters relating to thisSweepstakes.Persons who violateany rule, gain unfair advantage in participating in theSweepstakes, or obtain winner status using fraudulent means will be disqualified.TheSponsorwill interpret theseRules and resolve any disputes, conflicting claims or ambiguities concerning the rules or theSweepstakesand theSponsor’s decisions concerning such disputes shall be final.If, for any reason, more bona fide winnersare notified than prize(s) available, prize(s) will be awardedin a random drawing from among allsuchpersons. 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 theSweepstakesto theSponsor’s and/or Station’s "discretion" and/or any exercise of discretion by theSponsoror Station shall mean inSponsor’s and/or Station’s "sole and unfettered discretion."TheSponsorfurther reserves the right toterminatetheSweepstakesif in its sole judgment, the rules or the integrity of theSweepstakeshave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in theSweepstakes.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. Ifapplicable material changes to theSweepstakesrules will be broadcast on-airand available on-line at theStation’swebsite, when practical.TheSponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11.BINDING ARBITRATION. Any controversy or claimarising out of or relating to theSponsorSweepstakes 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 applyTexaslaw 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,Sponsorwill 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 norSponsorshall 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.Sponsorreserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding.Sponsordisclaims any responsibility to notify entrants of any aspect related to the conduct of theSweepstakes.As a condition of participating in theSweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtaincosts, judgments, orawards for, and entrant herebyknowingly and expresslywaives all rights to claimor seekpunitive, incidental, consequential,special,or any other damages, other than for actual, third-partyout-of-pocket expenses, and in such limitation, entrant further waivesany rights to have damages multiplied or otherwise increased;(b)any andalldisputes, claims, orcauses of action arising out of or connected with thisSweepstakes, 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 awardsshall be limited to actual out-of-pocket costsincurred(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 theSweepstakesconstitutes 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 LAWANDGOVERNING LAW.All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant andSponsorin connection with the Sweepstakes, shall be governed by, and construed in accordancewith, 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 Section11of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State ofTexas, in the City ofSan Antonio.