November 5, 2018
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
THIS SWEEPSTAKES IS BEING CONDUCTED ON WVKO LA MEGA 103.1FM LOCATED IN COLUMBUS, OHIO AND ITS RESPECTIVE TIME ZONE.
EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN RESPONSE TO YOUR ENTRY. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION 2 BELOW.
Sweepstakes Name: 2018 Text to Win a Trip Home for the Holidays (the “Sweepstakes”)
Participating Stations: WVKO LA MEGA 103.1 FM
Station Address: 5151 Reed Rd. Suite 211A Columbus, Ohio 43220
This Sweepstakes is sponsored solely by TSJ Media LLC (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours or send your request by mail to TSJ Media Columbus 5151 Reed Rd. Suite 211A Columbus, Ohio 43220
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: TSJ Media Columbus, “2018 Text to Win a Trip Home for the Holidays” 5151 Reed Rd. Suite 211A Columbus, Ohio 43220
- ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal residents of the 50 states of the United States or the District of Columbia, (ii) who are 21 years of age the time of entry (“Entrant”).
If you are not a legal resident of the United States or you are not the required age as of time of entry, you are not eligible to enter this Sweepstakes or to win a prize. Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (90) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
Void where prohibited by law.
- TIMING: The Sweepstakes begins on November 12, 2018 at 6:00:00 a.m. ET and ends at 9:59:59 p.m. ET on December 02, 2018 (“Sweepstakes Period”). Entrants not located within the referenced time zone, must factor in the time difference for the defined time zone in which they are located, e.g. November 12, 2018 at 11:00 am (ET) is November 12, 2018 at 8:00 am Pacific Standard Time (PT)
How to Play: Throughout the Sweepstakes Period the on-air personality on shift will remind listeners to go to their local store and look for a keyword printed on Modelo Posters by the Modelo Displays at participating locations. Listeners will be asked to text the keyword to 614-821-1031 for a chance to become a winner.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER:
To enter the Sweepstakes, listen to La Mega 103.1FM for instructions on where to look for the posters that have the keywords for entry. Then, timely submit the Designated Code using one (1) of the following methods to receive one (1) entry into the corresponding Designated Playtime:
(1) To enter the Sweepstakes by text message, timely text the Designated Code to 614-821-1031 to receive one (1) entry into the corresponding Designated Playtime’s drawing. You must successfully text the Designated Code within the sweepstakes timing for your entry to be valid. You will receive at least one (1) text message in response to your entry. Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to 614-821-1031 or e-mail Production@tsjnews.com. To STOP, text “STOP” to 614-821-1031 or e-mail firstname.lastname@example.org. 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.
FREE ALTERNATIVE METHOD OF ENTRY (AMOE):
(2) To enter the Sweepstakes without sending a text message, timely log in to any participating Station’s website and follow the Sweepstakes links to register for the Sweepstakes by entering the Designated Code along with your name, email address, phone number, mailing address, date of birth, and/or any other information requested by the Sponsor. You must successfully submit the Designated Code within the sweepstakes timing for your entry to be valid. Complete the foregoing steps to receive one (1) entry into the corresponding sweepstakes.
Limit: One (1) entry per person/phone number/email address per sweepstakes regardless of method of entry. No other entry methods or forms of entry are valid. Once an entrant is selected as a Finalist via any of the entry method above, he/she cannot achieve additional entries into any First Round Finalist Drawing.
Entries must contain all information requested, must be timely submitted, and must comply with all Content submission requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them, via phone at the number provided during registration or by text message, at the telephone number from which the text message entry was received. Any and all fees arising from such notification will be the sole responsibility of each entrant. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same e-mail account or mobile phone number 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. Any potential winner and/or Finalist may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address or wireless number associated with the winning entry. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. 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 in excess of the above stated limit. All entries become the property of Sponsor and will not be receipt acknowledged or returned. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. The Sponsor assumes no responsibility for entrants not making timely submission to the Station or other timed entry as a result of the delays in the Internet stream or otherwise. Entrants should not rely on streamed broadcasts to participate in this or any Sweepstakes. 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 Sweepstakes and should contact WVKO FM to determine participation.
Entry by sending a text message will not improve your chance of winning. 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 message 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 Code is not considered proof of delivery to, or receipt by, Sponsor of such enter to play. Entrants are restricted to the use of ordinary telephone equipment. By participating via text, entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Sponsor nor Station guarantee, nor shall either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Sweepstakes may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Sponsor, through its third party text messaging administrators, will store all messages received on its system, and will send entrants reply texts relating to the Sweepstakes throughout the Sweepstakes Period and up to 60 days. The Sponsor is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsor may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined. BY TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA ONE (1) RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE AT LEAST ONE (1) TEXT MESSAGE IN RESPONSE TO THE ORIGINAL SUBMISSION, INCLUDING A MESSAGE CONFIRMING ENTRY, LEGAL DISCLAIMERS AND OPTIONS TO RECEIVE FUTURE PROMOTIONAL MESSAGES FROM THE SPONSOR.
All entries must be received within the Designated Sweepstakes timeframe and include the correct Designated Code for such entry to be valid. Any entry received or made after the Designated time frame period will not be valid.
The Sponsor shall be the official time-keeper for this Sweepstakes. If Sponsor determines any potential Finalist (as defined below) is not eligible, the Sponsor may at their sole discretion, randomly select another entry from the same pool of entrants for the respective Designated Sweepstakes.
- Winner Selection and Notification: At the end of this sweepstakes, the registration will be closed and the Sponsor will determine the winner at random for that period. There will be one (1) prize winner selected at random from all of the eligible entries collectively received from all participating stations for the designated period every Monday through Sunday for the duration of the Sweepstakes for a total of (one) grand prize winners throughout the Sweepstakes Period. The Sponsor will attempt to contact the selected winner by phone at the phone number provided by the entrant within 30 minutes of the preceding play time deadline. Only the winners will be contacted personally by a Sponsor representative. No more than three (3) attempts shall be made to contact the entrant over a period not to exceed (30) thirty minutes. ENTRANT MUST ANSWER THE PHONE AND MUST AGREE TO HAVE THE TELEPHONE CONVERSATION RECORDED BY THE SPONSOR AND OR STATION AND AGREE TO BE INTERVIEWED FOR ANY BROADCAST OR COMMERCIAL RELEASE CONNECTED WITH THE SWEEPSTAKES TO BE DETERMINED A DESIGNATED WINNER AND HAVE THE PRIZE AWARDED. NO MESSAGES WILL BE LEFT ON ANSWERING MACHINES OR VOICEMAIL SYSTEMS AND THE POTENTIAL WINNERS MUST ANSWER THE CALL AND AGREE TO THE TERMS HEREIN OR WILL FORFEIT ANY RIGHTS TO THE PRIZE. If a potential prizewinner cannot be reached directly following the close of registration period and or does not consent to be recorded for broadcast purposes, the potential prizewinner will be disqualified and an alternate potential prizewinner will be randomly selected until a winner is determined and has met all conditions described herein. Due to time constraints, the Sponsor reserves the right to modify the notification procedures in connection with the selection of alternate winners, if any or necessary. Odds of winning depend upon the number of eligible entries received during the sweepstakes period.
Conditions on Participation: If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Sponsor reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. The Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. 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 Station may use to contact the qualifier and/or a potential winner. The Station 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 qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore eligible entrants agree as follows: By participating, you agree (a) to be bound by these Official 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 not comply with the rules, then the eligible winner will be disqualified. The Sponsor, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
Sweepstakes Disclosures: 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. BY OPTING INTO THIS MOBILE ALERT AND SENDING THE ANNOUNCED KEYWORD VIA TEXT MESSAGE TO 614-821-1031, ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE TEXT MESSAGES IN RESPONSE TO THE ORIGINAL SUBMISSION, INCLUDING A MESSAGE CONFIRMING ENTRY, BY ANNOUNCING THE WINNER, LEGAL DISCLAIMERS AND OPTIONS TO RECEIVE FUTURE PROMOTIONAL MESSAGES FROM THE SPONSOR. TO STOP RECEIVING SUCH TEXT MESSAGES, TEXT “STOP” or “PARA” TO 614-821-1031 (CONFIRMATION MESSAGE WILL BE SENT) FOR HELP, TEXT “HELP” or “AYUDA” TO 614-821-1031 OR EMAIL Production@tsjnews.com WITH YOUR WIRELESS NUMBER IN YOUR MESSAGE. STANDARD TEXT MESSAGING AND DATA RATES MAY APPLY, AS ESTABLISHED BY AN INDIVIDUAL’S WIRELESS CARRIER, AND THE STATIONS ASSUME NO RESPONSIBILITY FOR ANY FEES OR CHARGES INCURRED FOR AND ASSOCIATED WITH ANY TEXT MESSAGE SENT TO OR FROM THE STATION. ENTRY BY SENDING A TEXT MESSAGE WILL NOT IMPROVE YOUR CHANCE OF WINNING. Winners will be determined in accordance with the Sweepstakes’ Official Rules. 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, and 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. Entrants should consult their wireless service provider’s pricing plan for details. Each playtime shall constitute a separate entry. 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 Code is not considered proof of delivery to or receipt by Sponsor of such entry to play. Decisions of the Sponsor are final. Such decisions may include, but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Sponsor, the order in which text message entries are received, the eligibility of the entrant, and in the event entry requires the submission of an answer or response, whether that answer or response is correct. By participating in the Sweepstakes, entrants agree that the Sponsor may contact them, via phone or text message, at the telephone number from which the text message entry was initiated. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. By participating in a Sweepstakes in which text message- based entry is permitted, entrants acknowledge that text messages are distributed and delivered through a third party service provider(s); the Sponsor does not guarantee, and shall not be responsible for, the delivery or timeliness of any text message 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 administrator’s computer is the official timekeeping device for this Sweepstakes. The Sponsor, through its third party text messaging administrators, will store all messages received on its system. 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 further reserve the right to cancel, terminate or modify the Sweepstakes if, in the sole discretion of the Sponsor, it is impossible or impractical to complete the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.
Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. 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. No other forms of entry are valid. LIMIT ONE (1) ENTRY PER PERSON/ MOBILE PHONE NUMBER PER TEXT-TO-WIN PLAYTIME. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address or wireless phone number submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address or wireless number by an Internet access provider, online service provider, wireless provider or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or wireless phone numbers, as applicable. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address or wireless number associated with the winning entry. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Sweepstakes promotion. Entries must contain all information requested and must be received on or before the deadline for registration to be considered valid. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. A limit of one entry per play is allowed per individual wireless phone number and if applicable per e-mail address for the duration of the Sweepstakes, unless otherwise specified above; and accordingly subsequent entries determined to be submitted from thesame wireless phone number and or email address or from the same individual using multiple email addresses in violation of this rulewill be declared ineligible. All Entries become the property of Sponsor and will not be receipt acknowledged or returned. Administrator‘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. When applicable, the Sponsor assumes no responsibility for entrants not making timely entries by phone text or internet or for any other timed entry as a result of the delays in the Internet stream.
Prize: One (1) verified and eligible grand prize winners will receive a $2,000 credit to be used toward a trip of choice that can include airfare, hotel, and gift cards OR the choice to get a $2,000 check with taxes deduced.
A second winner will receive a Cooler filled with beverages and snacks.
All prizes provided by TSJ Media LLC.
Approximate Retail Value (“ARV”) of each Grand Prize: $2,000.
ARV of all Sweepstakes prizes: up to $2100.
All prizes awarded must be fulfilled in the name of the designated winner. A winner is not a recipient of a prize until he/she has been verified and if the winner is unable to become verified then the winner will automatically be disqualified and their prize will be forfeited and no alternate winner will be selected at that time. The specifics of all aforementioned elements of the prize shall be solely determined by the Sponsor.
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 by Sponsor, which is impacted by the number of participating Stations.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
- 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.
- RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
- 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.
- 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.
- 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 New York 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.
- 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.
- 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 Ohio, 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 Ohio in the City of Columbus.