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.
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 3 BELOW.
1. SWEEPSTAKES DETAILS. The information and definitions below shall apply to this Sweepstakes and may be referred to throughout these Official Rules.
-Sweepstakes Name: Fact or Fiction (“Sweepstakes”)
-Station(s): Sports Radio 93.3 KJR-FM (“Station”)
-Station Address: 645 Elliott Ave West, Suite 400, Seattle, WA 98119 (“Station Address”)
-Station(s) Website(s): 933KJR.com (“Website”)
-Eligible Area: The fifty (50) U.S. states and the District of Columbia (“Eligible Area”)
-Minimum Eligible Age: 21 (“Minimum Eligible Age”)
-Time Zone for the Sweepstakes: Pacific Time (“PT”)
-Sweepstakes Timing: The Sweepstakes begins on September 5, 2023 at 7:35 a.m. PT and ends on December 8, 2023 at 3:47 p.m. PT (“Sweepstakes Period”). The Sweepstakes Period consists of fourteen (14) weeks (each a “Week”) with two hundred sixty-seven (267) separate entry periods as defined below (each an “Entry Period”).
Entry Periods are as follows: For each weekday (Monday, Tuesday, Wednesday, Thursday, and Friday) during the Sweepstakes Period*, there will be four (4) Entry Periods. The four (4) Entry Periods per weekday are:
·7:35:00 a.m. PT through 7:47:59 a.m. PT
·11:35:00 a.m. PT through 11:47:59 a.m. PT
·2:35:00 p.m. PT through 2:47:59 p.m. PT
·3:35:00 p.m. PT through 3:47:59 p.m. PT
*The Sweepstakes will not run on November 23, 2023 and November 24, 2023. Additionally, the 3:35:00 p.m. PT Entry Period will not occur on December 8, 2023.
-How to Enter: For each Entry Period, listen to the Station (defined above) at 7:35 a.m. PT, 11:35 a.m. PT, 2:35 p.m. PT, and 3:35 p.m. PT for the “Fact or Fiction Statement” for that particular Entry Period and then text your guess of “Fact” or “Fiction” to the Short Code (defined below) or submit your guess of “Fact” or “Fiction” via the Website entry form. All guesses must be submitted during the Entry Period. Only correct guesses shall count as valid entries. See Section 3 for additional details on how to enter.
-Short Code: 49451 (“Short Code”)
-Entry Limit: One (1) per Entry Period (“Entry Limit”) This statement represents the number of entries allowed per person/mobile phone number/email address for the Sweepstakes, regardless of entry method.
-Weekly Winner Selection Date(s): Each Monday following a previous Week (each a “Weekly Winner Selection Date”).
-Grand Prize Winner Selection: The eligible entrant who submitted the most correct guesses for the entire Sweepstakes Period will be declared the Grand Prize winner (subject to verification). See Section 4 for additional details including how the Grand Prize winner shall be selected in case of a tie.
-Notification Response Time: Three (3) days (“Notification Response Time”) This time frame represents the time in which an entrant must respond to a notification from the Station if they are selected as a potential winner. See Section 5 for additional details.
-Number of Weekly Prize(s) Awarded: 14 total (1 per Week)
-Weekly Prize Description (See Section 6 for additional Prize Conditions that may apply): $1,000, awarded in the form of a check, payable to winner.
-Number of Grand Prize(s) Awarded: 1
-Grand Prize Description (See Section 6 for additional Prize Conditions that may apply): $10,000, awarded in the form of a check, payable to winner.
-Prize Provider: Emerald Queen Casino
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”), 20880 Stone Oak Pkwy, San Antonio, TX 78258. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor.
A copy of these Official Rules may be obtained by visiting the participating Station’s Website (defined in Section 1).
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to the Station/Station Address above with a mention of the Sweepstakes Name and “Winners List” on the outside of the envelope.
2. ELIGIBILITY. This Sweepstakes is open only to individuals who are legal U.S. residents residing in the Eligible Area (defined in Section 1) and of the Minimum Eligible Age (defined in Section 1) at the time of entry. The Sweepstakes is subject to all applicable federal, state, and local law and regulations. Void outside the Eligible Area and where prohibited or restricted by law. Entrants must be participating on their own behalf and not on behalf of any employer or third party. 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 television stations; 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 one (1) time every fifteen (15) days. However, the same individual may not win more than one (1) prize for a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
3. HOW TO ENTER. There are two (2) ways to enter the Sweepstakes during each Entry Period (defined in Section 1):
(1) Text Message: During the applicable Entry Period, text “FACT” or “FICTION” to the Short Code (defined in Section 1). If your guess (FACT or FICTION) is correct based on the outcome of the event stated in the Fact or Fiction Statement, you will receive one (1) entry into the random drawing. If your guess is not correct, you will not receive an entry for that particular Entry Period. Do not text both “FACT” and “FICTION” in your Text Message; such submissions will be voided. Additionally, only your first Text Message for a given Entry Period will count towards the Sweepstakes. You are not allowed to change your guess once submitted.
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 for help to the Short Code. To STOP, text “STOP” to Short Code 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.
(2) Website - ALTERNATE METHOD OF ENTRY (“AMOE”):To enter without sending a text message, visit the Website (defined in Section 1), during the applicable Entry Period. Next, look for the Sweepstakes mention and click on the entry form. You may also find the registration page by using the keyword ‘contest’ on the Website. Upon accessing the registration page, you must complete and submit the entry form including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor, including your guess of “FACT” or “FICTION” based on Fact or Fiction Statement for the corresponding Entry Period. If your guess (FACT or FICTION) is correct based on the outcome of the event stated in the Fact or Fiction Statement for that Entry Period, you will receive one (1) entry into the random drawing. If your guess is not correct, you will not receive an entry for that particular Entry Period. You are not allowed to change your guess once submitted.
For Clarity: If an event associated with the Fact or Fiction Statement does not occur for unforeseen reasons (such as a game cancellation), Entries received for that particular Fact or Fiction Statement will not count towards the Sweepstakes. If a Fact or Fiction Statement is not aired for a particular scheduled time, for any reason, the Sponsor reserves the right to air that Fact or Fiction Statement at a later time or not at all.
The Sponsor assumes no responsibility for entrants not making timely texts 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. Sweepstakes not valid on weekends and holidays.
Entrants must adhere to the Entry Limit (defined in Section 1) stated within these Official Rules. Incomplete and/or invalid or duplicate entries will be disqualified.
All entries must be received during the Sweepstakes Period. Any entry received or made either by text or online after the Sweepstakes Period will not be valid and will not be deemed eligible. 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 in Section 10) 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 email 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 email 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 email address or mobile phone number by an Internet access provider, online service provider, telephone service provider or other organization which is responsible for assigning email addresses, phone numbers or the domain associated with the submitted email 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 Entry Limit will be declared ineligible. All entries become the property of Sponsor and will not be acknowledged as received 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, including mobile phone. The Sponsor disclaims all liability for the inability of an entrant to complete or continue a telephone call or text message 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 carriers 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 Sweepstakes Period and up to 60 days thereafter. 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.
4. WINNER SELECTION/ODDS.
Weekly Winner Selection: On or about each Weekly Winner Selection Date (defined in Section 1), the Sponsor will randomly select one (1) potential Weekly Winner from among all eligible entries (those containing correct guesses) collectively received for the corresponding Week (defined in Section 1) (each a “Weekly Drawing”). Weekly entries will not carry forward to subsequent Weekly Drawings. The odds of winning a Weekly Prize (defined in Section 1) depend on the number of eligible entries received for a given Weekly Drawing.
Grand Prize Winner Determination: The eligible entrant who submitted the most correct guesses for the entire Sweepstakes Period will be declared the Grand Prize winner (subject to verification). The odds of winning the Grand Prize (defined in Section 1) depend on the number of eligible entries received for the Sweepstakes Period and the outcome of the events related to the Fact or Fiction Statements. The Grand Prize winner will be determined and announced on or about December 11, 2023.
In the final week of the Sweepstakes, all entrants with a mathematical chance to finish in first place will be asked to fill out a tiebreaker form. They will (1) pick FACT or FICTION for each of the professional football games that weekend as well as (2) predict the number of points scored in the Seattle professional football game and (3) predict the number of points scored in the game played on Monday night that week. In the case of a tie in the overall Sweepstakes, the entrant with the most correct responses in the first portion (1) will win the tiebreaker. If there is still a tie, the entrant closest to the actual number of points in (2) will win. If there is still a tie, the entrant closest on (3) will win. If there is still a tie, the Grand Prize winner will be selected by via random drawing.
5. WINNER NOTIFICATION AND VERIFICATION. Potential winner(s) is subject to verification, including verification of eligibility. Potential winner(s) will be notified within three (3) business days of the applicable Winner Selection Date. Potential winner(s) will be notified via email, text message and/or phone call, at the email address and/or mobile phone number provided at the time of entry. Potential winner(s): (a) must respond to the notification within the Notification Response Time (defined in Section 1); (b) may be required to present a state authorized identification prior to being awarded the prize and/or sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions; and (c) may also be required to sign and return an affidavit of eligibility and any other form(s) necessary to verify eligibility and claim prize, along with any other required release(s) within twenty-four (24) hours (unless otherwise stated herein or at the time of notification).
The Sweepstakes Entities are not responsible for suspended or discontinued wireless or online service or for any change of entrant’s email address, mailing address, and/or telephone number which may result in potential winner not receiving a prize notification. If (a) an attempted notification or prize is returned as undeliverable; (b) a potential winner cannot be contacted, fails to respond to the notification or does not accept the prize within the Notification Response Time; (c) a potential winner fails to provide signed affidavits or releases or any other required forms within the stated time period(s); (d) a potential winner fails to present a proper identification at the time of claiming a prize or fails to collect or properly claim any prize in accordance with these Official Rules; (e) a potential winner declines the prize; (f) a potential winner cannot be verified or is deemed ineligible; (g) a potential winner is disqualified for any reason; (h) a potential winner is not available to participate in any applicable Sweepstakes event(s) that participation may be required to be considered eligible; or (i) a potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. Any alternate winner(s) will be randomly selected from among all remaining eligible entries, as determined by Sponsor, in its sole discretion. If any alternate(s) similarly fails to properly claim 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 deemed unclaimed and Sponsor shall have no further liability, in connection with this Sweepstakes, to award unclaimed prizes.
If eligible entrants include minors, prize may be awarded to entrant’s parent or legal guardian and entrant’s parent or legal guardian may be required to sign a release on behalf of the minor to be eligible to receive a prize.
6. PRIZE CONDITIONS. Limit one (1) Weekly Prize per person/household. Prize(s) is subject to certain terms and conditions and restrictions may apply, as specified herein or as stated within the prize notification. Any difference between stated ARV and actual value of prize will not be awarded. 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. The prize(s) may be fulfilled by a third party. 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 solely the responsibility of winner(s).
ADDITIONAL PRIZE CONDITIONS, AS APPLICABLE:
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
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: (a) 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; (b) 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; (c) 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; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (f) 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 (a) 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 (b) 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.
8. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station 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.
10. 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 or death) 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: (a) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prize(s); and (b) where allowed by law, to sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 8 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, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, 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.
11. 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, as applicable, 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.
12. 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 Official 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 an 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 Official Rules will be broadcast on-air and available online 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.
13. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the 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.
14. 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.
15. 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 13 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.