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: Universal Studios Hollywood’s Halloween Horror Nights (the “Sweepstakes”)
Station: KYSR-FM (the “Station”)
Station Address: 3400 West Olive Avenue, Suite 550, Burbank, California 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 a copy of these Official Sweepstakes Rules, please visit the website: https://alt987fm.iheart.com/
List of Winner(s):For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Universal Studios Hollywood’s Halloween Horror Nights Sweepstakes at 3400 West Olive Avenue, Suite 550, Burbank, California 91505.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of California (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 of California and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, and 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 trip to 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.
2. TIMING: Sweepstakes begins on September 20, 2021 at 5:00:00 a.m. PT and ends at 10:00:00 a.m. PT on October 1, 2021 (“Sweepstakes Period"). The Sweepstakes Period includes six (6) entry periods (each an “Entry Period”) as set forth below:
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
There are two (2) ways to enter:
Throughout the Sweepstakes Period, listen for the cue to call in and be the selected caller to the designated Sweepstakes announced. Throughout the Sweepstakes Period, each On-Air 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 a potential grand 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 potential grand prize winner. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential grand prize winner 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 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 should contact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
2. ON-LINE:During the Sweepstakes Period, visithttps://alt987fm.iheart.com/and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes.Limit: One (1) entry per person/email address/household per day during the Sweepstakes Period. For purposes of this Sweepstakes, a “Day” shall be defined as each calendar day, beginning at 12:00:00 am ET and ending at 11:59:59 pm ET on that same day, except for the first day which shall begin at 5:00:00am and except for the last day which shall end at 10:00:00am. Entries must contain all information requested to be valid.
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 be acknowledged 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 winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3. WINNER SELECTION:
On-Air: A total of eighteen (18) grand prize winners shall be selected to win the prize as announced, subject to verification, during the Sweepstakes Period. See Section 2.
Online: On or about October 1, 2021, the Sponsor will randomly seven (7) grand prize winners from the pool of Entrants who correctly answer all or most questions in the multiple-choice entry form described above in the entry method.
On-Air Winner 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 Sponsor may use to contact the On-Air Winners. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sponsor 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 Winner.
Online Winner Notification: Winners will be notified within one (1) day after the sweepstakes drawing, via e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within three (3) days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. 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 finalist and/or potential winner(s).
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.
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 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.
TWENTY-FIVE (25) GRAND PRIZES:
Each grand prize winner will receive the following prize package:
- Two (2) 1-night General Admission tickets to Halloween Horror Nights at Universal Studios Hollywood located in Universal City, California. The prize will be awarded in the form of electronic tickets.
Each Prize Package has an approximate Fair Market Value (“FMV”) of One Hundred and Ninety-Eight and 00/100 Dollars ($198.00) (actual value may vary depending on actual park visit date).
The 1-night General Admission tickets will be subject to the following terms and conditions:
Halloween Horror Nights is a separately ticketed event which runs from 7pm – 2am on select nights from September 9, 2021 through October 31, 2021.
Includes one (1) General Admission to Halloween Horror Nights event(Valid on winner’s selected date only). Ticket does not include daytime admission to the theme park. No outside food or beverages allowed. Event occurs rain or shine. No rain checks, returns, or refunds. Halloween Horror Nights is a separately ticketed event. No costumes, costume masks or face paint allowed unless specified for select nights. Guidelines will be enforced. All themed outfits are subject to Universal Studios Hollywood’s final approval. This event may be too intense for young children and is not recommended for children under the age of 13. Universal Studios Hollywood’s Code of Conduct will be strictly enforced. Ticket is non-transferable, non-refundable and non-exchangeable. Ticket may not be altered, copied, transferred or resold. Ticket is only valid for the person named on it, or when accompanied by the person named on it.Ticket cannot be combined with other offers, separately ticketed events, discounts, Halloween Horror Nights or sightseeing tours.Please note the CDC advises thatolder adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Guests should evaluate their risk in determining whether to attend. People who show no symptoms can spread COVID-19 if they are infected,any interaction with the general public poses an elevated risk of being exposed to COVID-19, and we cannot guarantee that you will not be exposed during your visit.By accepting admission, you assume all inherent risks and agree to release Universal and its affiliates from liability for illness (including communicable / infectious diseases), loss, injury, or damage related to your purchase or visit.Universal reserves the right to revoke the license granted by the ticket. Park, rides/shows/attractions, entertainment, experience details and/or access to event may be restricted or unavailable due to capacity/closures/other factors and benefits/restrictions are subject to change without notice. For Park hours, visit UniversalStudiosHollywood.com/calendar-and-hours. Valid at Universal Studios Hollywood, located in Los Angeles, California.
Warning: The Halloween Horror Nights event may be too intense for young children and is not recommended for children under the age of thirteen (13). No costumes or masks/face paint allowed.
NOTE: The Prize Package must be used by October 31, 2021 or prize will be forfeited. If winner is unable to fulfill prize during time period, winner forfeits the prize package.Block out dates or other restrictions may apply. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If winner elects to partake in any or all portions of his/her prize with no guest, the prize will be awarded to winner only and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. Winner must be eighteen (18) years of age or older. Prize Packages are non-transferable and have no cash value. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of winner. All unclaimed and/or unused prize packages, will remain the property of USH and may not be used as sales or trade incentive for employees of Sponsor and may not be sold, exchanged or otherwise transferred by winner, nor used by Sponsor, its agencies or clients. All details of the Prize Packages will be determined by USH in its sole discretion and USH reserves the right to substitute a similar prize or prize element of comparable value. Tickets are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Universal Studios winners are responsible for all taxes and fees associated with prize receipt and/or use.
All tickets are valid during normal event operating hours only. Operating hours and availability of mazes, attractions and shows are subject to change without notice. USH reserves the right to change the name of all tickets. Unless specifically indicated otherwise, all tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events at the theme park or within any of the Universal CityWalk venues.
- Universal City Studios LLC d/b/a Universal Studios Hollywood is a prize provider only in this promotion; is not a sponsor of this promotion; and is not responsible for the administration of the promotion, the collection of the entries or the selection of any winner. Any disputes, claims, and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in any portion of the prize involving Universal Studios Hollywood shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Los Angeles, California. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.
- In connection with any visit to Universal Studios Hollywood, please be advised that Sponsor’s and Universal’s policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor and Universal cannot guarantee that any person will not be exposed during a visit.
By accepting the Prize, winner, on behalf of him or herself and on behalf of any individuals who use the Prize, expressly assumes the risk that during use of the Prize they may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. Winner and Guests, if any, expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases.
- The State of California strongly recommends that all guests be fully vaccinated for COVID-19, obtain a negative COVID-19 test result prior to visiting, or wear a face covering.* Guests who are not fully vaccinated should wear a face covering during their visit. . All guests are required to wear face coverings indoors, regardless of vaccination status.
*See current CDPH Guidance for Fully Vaccinated Persons regarding full vaccination. PCR or antigen test should be conducted within 72 hours before your visit.
- All parts of the Prize selected are subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfilment of some or all of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Universal Studios Hollywood in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for the Prize or portion of the Prize for which Universal Studios Hollywood is responsible for, which may include but is not limited to providing additional time for redemption and/ or fulfilment. Should the Prize become unavailable, experiences and items of a similar nature and value may be offered.
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).
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY.Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities, and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, 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.
9. TAXES.Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS.All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12. MISCELLANEOUS.Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW.All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.