OFFICIAL CONTEST 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.
ALL ENTRANTS MUST BE AT LEAST 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
Contest Name: Summer Sunset Photo Contest 2021
Station: KKCW/K103 (the “Station”)
Station Address: 13333 SW 68th Pkwy #310, Tigard OR 97223
This Contest is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”).Any questions, comments or complaints regarding the Contest must be directed to the Sponsor. For a copy of these Official Contest Rules, please visit: http://www.k103.com.
ELIGIBILITY:This Contest is open only to individuals who (i) are legal U.S. residents of the state of Oregon and Washington who reside within one of the following counties: Baker, OR; Clackamas, OR; Clatsop, OR; Columbia, OR; Crook, OR; Gilliam, OR; Grant, OR; Harney, OR; Hood River, OR; Jefferson, OR; Lincoln, OR; Linn, OR; Marion, OR; Multnomah, OR; Polk, OR; Sherman, OR; Tillamook, OR; Union, OR; Wasco, OR; Washington, OR; Wheeler, OR; Yamhill, OR; Clark, WA; Cowlitz, WA; Klickitat, WA; Skamania, WA; Wahkiakum, WA; (ii) who are 21 years of age or older at the time of entry (“Entrant”)
Void outside the states of Oregon and Washington (counties listed above) and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest 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 Contest or win the prize. Employees/officers/directors of alcohol beverage licensees (manufacturers, distributors, wholesalers, importers and retailers) as well as their immediate family members are also not eligible.
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, per Station.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.
1.TIMING:TIMING:Contest begins on July 5, 2021 at 6:00:00 a.m. PT and ends at 11:59:00:00 p.m. PT on July 25, 2021 (“Contest Period").
“Submission Period”:July 5, 2021 at 6:00:00 a.m. PT and ends at 12:00:00 p.m. PT on July 16, 2021
“Finalist Judging Period” (to select ten (10) finalists (each a “Finalist”): July 16-18, 2021
“Public Voting Period” and Winner Selection: July 19, 2021 at 12:00:00 am PT – July 25, 2021 at 4:59:59 p.m. PT
Winner Announcement: July 26, 2021
How to Enter: During the Entry Period, visit http://www.k103.comtoregister for the Contest by submittingthe entry form with all required information (including your name, email address, phone number, address, date of birth, and/or any other information requested by the Sponsor). Submit a photo of a sunset, photographed by the Entrant.All Entrants must be 21 years of age or older at the time of entry.
Limit one (1) entry per person/email address/household. Entries must contain all information requested and comply with all content submission requirements set forth herein to be valid.
ENTRY AND ELIGIBILITY GUIDELINES: All entries submitted must comply with the following guidelines.
Contest submissions are limited to amateur photographers only. An amateur is defined as an individual earning 10 percent or less of his/her income from photography. The photograph (the “Photo”) must have been taken by entrant.All entries must be submitted and received before the end of the entry period. Limit of one Photo entry per email address per person.
SUBMISSION CRITERIA:Entry submissions must be made by submitting a photo of a sunset with their permission to be used in the K103 Summer Sunset Contest. The Sponsor will not take submissions from a 3rd party. Proof of ownership may be required by Sponsor. Contest submissions must be submitted and received before the registration deadline (that is, the end of the Submission Period).
Format of the Entry Photo
üEntries shall be submitted only by persons who are 21 years of age or older;
üEntries must be original, unpublished, and not copyrighted by any third party;
üThe Entry may be color or black and white;
üEntry may not be embellished with text or art;
üThe Sponsor reserves the right to reject any Entry that they define as unacceptable;
üEntry submitted for the Contest shall not have any copyright restrictions and any issue that arises with regard to the Entry’s copyright will be the sole responsibility of the entrant.
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 Contest 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 Contest. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the stated limit are received. All entries become the property of Sponsor and will not be returned.
By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (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 must be available to participate in any portion to the Contest that participation may be required to be considered eligible.
2.CONSUMER CREATED CONTENT REQUIREMENTS.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest (including, but not limited to your submission.)
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from any other source, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademark rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content (and any such person must be twenty-one  years of age or older), and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties (who must be twenty-one  years of age or older) or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as the winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Contest Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Contest Entities, or developed by their employees, or obtained from sources other than you.
CONTENT WILLBE POSTED ON SPONSOR’S WEBSITE, AND PERHAPSELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win the prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purposeand without consideration to the entrant.
All Content submitted must conform to the additional submission requirements set forth as follows to be eligible:
·Content must comply with these Official Rules and any Terms of Service on the Sponsor website;
·Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;
·The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
·Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
·Content cannot promote alcohol, alcohol consumption, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
·Content cannot state or imply that consumption of alcohol is appropriate in conjunction with driving a vehicle or other conduct which requires alertness or concentration;
·Content cannot be offensive, endorse any form of hate or hate group;
·Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the Station, the third party prize provider (Mark Anthony Brands Inc.), any of their respective products and/or services, or about any other people, products or companies;
·Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
·Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
·Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor (if applicable), is grounds for disqualification from the Contest. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor and Contest Entities);
·Content shall not include any background artwork, unless it is an original work of the entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein);
·The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
·Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
·Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person who is under twenty-one (21) years of age;
·Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor and/or Mark Anthony Brands Inc. (the third party prize provider) wishes to associate;
·Content cannot depict, and cannot itself, be in violation of any law; and
·The Content must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.
By acceptingprize, the winner agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
3.FINALIST JUDGING PERIOD (TO SELECT TEN (10) FINALISTS): At the conclusion of the Submission Period, the Sponsor will designate a panel of judges to select ten (10) Finalists using the equally weighted judging criteria listed below. ALL DECISIONS OF THE JUDGES WILL BE FINAL. In the event of a tie, the tied Submissions will be judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein.
·Uniqueness of concept 40%
·Quality/beauty of photo 40%
The potential finalist will be notified by phone at the phone number provided during registration and by e-mail at the e-mail address provider during registration. THE SPONSOR WILL CALL THE POTENTIAL FINALIST. THE POTENTIAL FINALIST MUST RETURN THE CALL WITHIN THREE (3) BUSINESS DAYS OR WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL FINALIST, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD.Notification is deemed to have occurred immediately upon placing of a phone call and sending an e-mail. 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 potential finalist(s). If, the potential finalist does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.The Sponsor reserves the right to select fewer than ten (10) Finalists if there are fewer than ten (10) eligible entries or for any reason in accordance with these Contest Rules.
Finalists will not receive a prize for being selected as a Finalist.
Public Voting Period and Winner Selection: During the Public Voting Period the confirmed Finalists’ Submissions will be made available for viewing on the Station’s website (with such posting being effected by Station in any manner of its sole choosing which may or may not be varied one or more times during the voting period) where listeners who are twenty-one (21) years of age or older will have the opportunity to vote for their favorite Submission.Voting is limited to one vote per verified email address per day.If a Finalists receives irregular or fraudulent votes or multiple votes from the same user or users in a given 24-hours period, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsor reserves the right to disqualify the Finalist in its sole discretion.
The Grand Prize winner will be the one (1) Finalist who receives the most votes during the Public Voting Period.The potential Grand Prize winner will be notified by email and/or telephone using contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Contest Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the Finalist who receives the next most number of votes.
As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive a prize and be deemed the 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 will 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 award the prize to an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
One (1) Grand Prize will include:
·One (1) Yeti Tundra 45 Hard Cooler Approximate Retail Value (“ARV”):$300
·One (1) $500 Pre-paid gift card (issuer to be determined by Sponsor in its sole discretion; gift card subject to terms and conditions of use). Approximate Retail Value (“ARV”): $500
Total Prize Approximate Retail Value (“ARV”): $800.
All prizes provided by: Mark Anthony Brands Inc.and iHeartMedia + Entertainment, Inc.
Alcohol beverages are not part of Grand Prize. 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 or as required by law (as applicable). 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.
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRITPION 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.
FOR PROMOTIONAL CARDS:
Conditions and restrictions may apply. THE PRIZE IS AWARDED “AS IS” AND THE SPONSOR AND THIRD PARTY PRIZE PROVIDER DO NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO 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 Contest; (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 Contest; (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 Contest; (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 Contest; or (5) technical or human error which may occur in the administration of the Contest 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 Contest, void any suspicious entries, rescind the prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize 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 Contest 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 Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest and/or (ii) stop or conclude the Contest 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 Contest by Sponsor, Sponsor reserves the right to award the prize in a manner deemed fair and equitable by Sponsor.
6.PUBLICITY. Except where prohibited, by accepting prize, winner grants 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 Winner’s name may be included in a publicly available winners list.
8.RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against theContest Entities and any applicable third party fulfillment service, third party prize provider 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 Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of prize, including any travel related thereto. By accepting the prize, winner hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prize; 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 Contest Entities’ sole control.Upon awarding the prize, the Sponsor and third party prize provider will have no further obligation to winner.
9.TAXES. Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of prize awarded to winner may be reported to the IRS as required by law. 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.Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before 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 Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, 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 Contest and the Sponsor’s decisions concerning such disputes shall be final. Any reference in these Official Rules or as part of the Contest 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 Contest if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize in a manner to be determined by Sponsor from all eligible entries received prior to termination.If applicable material changes to the Contest 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 Contest 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 CONTEST 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 Contest. As a condition of participating in the Contest, 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 Contest, or award of the prize, 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 Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning the 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 Contest Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, 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.