Sweepstakes Name: Ultimate Ears Jingle Ball 2013 Instagram Contest. (the “Sweepstakes”)
Station: WHTZ-FM. (the “Stations”)
Station Address: 32 Avenue of the Americas, New York, NY 10013.
Sponsor: Logitech, Inc. doing business as Ultimate Ears.(the “Sponsor”)
Administrator: Clear Channel Broadcasting, Inc. (the “Company”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. This Sweepstakes is open only to individuals who are legal residents of the 50 United States and the District of Columbia that are or will be at least 21 years of age at the time of entry who have the Instagram application downloaded on their mobile smart device (“Device”) and an Instagram account as of date of entry and who reside in a participating Station’s Total Market Area (“TMA") (see address above). If you are not a permanent resident of the United States or you are not the required age as of time of entry or you live outside a participating Station’s TMA, you are not eligible to participate in this Sweepstakes or to win a prize. Void outside participating Stations’ TMA and where prohibited or restricted by law. Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period. 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.
The Company will conduct the Sweepstakes substantially as described in these Official Rules, and by participating, each entrant agrees as follows:
The Company may from time to time conduct promotions concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various states, and the Company may add or remove participating stations or change call letters of any participating station at any time during a promotion as announced on the affected station. Participating stations in this Sweepstakes are listed above hereto attached. For a list of participating stations and/or a copy of these Official Rules, please visit the office of a participating station during normal business hours or send your request as instructed herein.
The Sweepstakes is administered by the Company and any questions, comments or complaints regarding the Sweepstakes must be directed to the Company. Entrant(s) acknowledges and understands that any information provided will be used for administering the Sweepstakes and in accordance with Clear Channel privacy practices found here. The Company, its subsidiaries, affiliated companies, and divisions (including but not limited to individual Stations, iHeartRadio and Clear Channel Media + Entertainment), together with Logitech Inc. (doing business as “Ultimate Ears”) and its affiliates and licensees (“Ultimate Ears”), and any promotional partner(s), and third party prize fulfillment service are herein collectively referred to as the “Sweepstakes Entities”.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS:
If you think that any entry infringes your intellectual property rights, click here if you wish to report it http://www.dmca.com/Takedowns.aspx
Description of Sweepstakes/Participation.
A. Dates of Sweepstakes: Sweepstakes will begin October 21st, 2013 at 12:01:00 am Eastern Daylight Time (“EDT”) and end on November 29th, 2013 at 11:59:59 pm EDT (“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. August 14, 2013 at 2:59 am EDT is August 13, 2013 at 11:59 pm Pacific Daylight Time (PDT)
B. How to Enter: Enter by visiting any Verizon Wireless, or Apple Store, and take a photo of yourself with UE BOOM. The next step would be logging into your Instagram account (or creating an account for free if you do not already have one), following @ultimateears and uploading the photo of yourself and using the hashtag “#boomzjb” in the description beginning October 21st, 2013 at 12:01:00 am Eastern Daylight Time (“EDT”). Deadline for entry is 11:59:59 pm EDT on November 29th, 2013. Valid entries must contain all information requested and must be posted to a publicly visible Instagram account on or before the deadline for entry. You may enter as many photos as you like as long as each photo is different. Each uploaded photo will be counted as one (1) “Entry” and is subject to the requirements outlined below. All Entries must be complete and received before the end of the Entry Period to be eligible for the prize drawing. Entries may only be submitted by a single registered Instagram user, group submissions are not permissible. Multiple entrants are not permitted to share the same Device or email address. Use of computer programs and/or other automated devices to enter the Contest is prohibited. Normal internet accessand Device usage charges imposed by your on-line service will apply.
Entries must comply with any applicable Instagram submission requirements located at http://www.instagram.com/about/legal/terms/ . 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 Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, or incomplete entries. 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 receipt by the website administrator for online entries. The website administrator’s computer will be deemed the official time keeping device for the Sweepstakes. 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 (1) entry is allowed per individual/e-mail address for the duration of the Sweepstakes; and accordingly subsequent entries beyond this limit determined to be submitted from the same email address or from the same individual using multiple email addresses in violation of this rule will be declared ineligible. Company‘s decisions as to the administration and operation of the Sweepstakes and the selection and verification of potential winners are final and binding in all matters related to the Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to Company and not to Instagram. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Company and not to Instagram.
Winner Selection: On or about December 2nd, 2013 one (10) potential runner-up winners and (1) Grand Prize winner will be randomly selected by The Company among all eligible Entries received during the Entry Period.
The potential winners will receive a comment on the potentially winning entry photo from @z100newyork with prize claim instructions. In order to enter the Sweepstakes, your account settings must be set to "unprotected" and/or "public". The potential winner will be required to respond to the comment within forty-eight (48) hours of the date and the time the comment was posted as directed, or prize will be forfeited. The potential winner may be required to demonstrate ownership of the Instagram account from which the photo was submitted, in the Company’s sole discretion, including by sending the original photo file. Upon successful reply to comment, the potential winner may be notified by the Company via email with further prize claim instruction. If a potential winner cannot be contacted, potential winner forfeits prize. Potential winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements.
If the Company is unable to verify entry information the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Company reserves at its sole discretion the right to choose an alternative potential winner in the event that a potential winner has been disqualified or is deemed ineligible. Neither the Company nor the Sponsor is responsible for any change of email address, mailing address and/or telephone number of entrants. The Company 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 potential winner. If the potential winner does not claim the prize within the appropriate time upon notification, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. All decisions of the Company will be final. If any prizewinner is not available to participate, deemed ineligible or disqualified for any reason whatsoever as specified by the Sweepstakes Entities, in their sole discretion, the prizewinner privileges will be forfeited entirely and an alternative prizewinner may be selected from among the eligible entries received, as defined herein. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company are final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; and (d) in the event that you do not comply with the rules, then you will be disqualified; and (e) the potential winner must be available to participate when applicable in any portion of the Sweepstakes that participation may be required to be considered eligible.
2. Prize. No more than the advertised number of prizes shall be awarded. A prize may not be sold, traded, given away or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Company's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Company. Company is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment company. The Company and Sweepstakes Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. The prize will be awarded if properly claimed according to the Rules and if there are sufficient eligible entries. The Company does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of winner(s). If the winner is disqualified or is found to be ineligible for the Sweepstakes, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. The prize that may be awarded to the eligible winner is:
Runner Up Prize Package will include the following:
- UE BOOM - 360° WIRELESS SPEAKER
Grand Prize Package will include the following:
- Four (4) tickets for winner and three (3) guests to attend Z100 Jingle Ball in New York, NY;
- Access for four (4) people to a Meet & Greet with a Z100 Jingle Ball artist (artist TBD)
- Access for four (4) people to sit in on the Z100 Jingle Ball Sound Check
- One (1) $200 gift card to a New York City restaurant of the Company’s choosing
- UE BOOM - 360° WIRELESS SPEAKER
Conditions and restrictions may apply. All applicable taxes (including, but not limited to all local, state and federal taxes) on all respective prizes awarded, upgrades and any other expense(s) not specifically identified in these Official Rules as included in a prize are the sole responsibility of each winner. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in the Company’s sole discretion. All prizes must be redeemed within 30 days of the Sweepstakes end date unless otherwise stated in these Official Rules or upon notification, or unless required as in date specific prizes. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative prize winner. For certain prizes which are date specific such as event or concert tickets, the Company and Sweepstakes Entities are not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right not to award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Company. Winner(s) must present state authorized identification prior to being awarded the prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize and winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Eligibility and Limitations. Unless otherwise stated herein above, entrants and winner(s) must be at least 21-years old, as of the date of entry and prize award and a legal resident of the 50 U.S. or D.C. Entrants and winners must reside within the participating Stations’ Total Market Area (TMA) as determined by each Station or otherwise defined by Arbitron. Commonly the TMA represents the total overall radio station's comprehensive listening market audience within a geographic area encompassing all industry defined media market areas. Unless otherwise stated herein, only one (1) entry per person and only one (1) prize per household for any thirty (30) day period. The potential prize winner may (in Company’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 (24) hours after the first (1st) 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 an alternate winner may be selected from all remaining eligible entries. Notwithstanding the determined age requirement set forth above, it is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the Sweepstakes. Affiliates, and each of their respective employees, shareholders, directors, officers, members, successors or agents of the Company, the Sweepstakes’ participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
6. Consumer Created Content. If the entry for the Sweepstakes includes any creative material from the entrant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company or Sweepstakes Entities under any fiduciary or other obligation, that the Company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the Company and Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to them, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the Company and the Station a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON COMPANY’S WEBSITE, IN COMPANY’S DISCRETION. Content: (a) must comply with these Official Rules and any Terms of Service on Instagram; (b) must be uploaded in format specified and must comply with the posting requirements set forth above and as posted on Instagram; (c) 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, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Company or Hasbro or either entity’s products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) 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; Company does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Company) is grounds for disqualification from the Sweepstakes. 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 Company; (h) no background artwork should appear in any content 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; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Company and Hasbro wish to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY COMPANY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF COMPANY IN ANY MANNER. Any waiver of any obligation hereunder by Company does not constitute a general waiver of any obligation to entrants. Company reserves the right to waive the Sweepstakes entry requirements set forth herein in its reasonable discretion. Company reserves the right, in its reasonable discretion, during or upon completion of the Sweepstakes Period, to request that any entrant resubmit his or her entry if it fails to comply with the Sweepstakes entry requirements prior to any judging or voting period. By submitting content you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or voice is used in the content and (f) and that publication of the content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Company, its Stations, and agents from any claims to the contrary. If you think that any Entry infringes your intellectual property rights, click here if you wish to report it link to DMCA takedown policy.
7. Releases and Conditions. As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize, entrants must sign an official waiver form provided by the Company and agree to the terms herein, including but not limited to the prize conditions in this paragraph. The prize is subject to certain terms and conditions as specified herein. By participating in the Sweepstakes, each entrant and winner waives any and all claims of liability against the Company, its employees and agents, the Sweepstakes Entities, prize provider(s), any applicable third party fulfillment service, and each of their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Sweepstakes, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. Winner and if applicable, winner’s guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc.). By accepting the prize, prize winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Company, judges, and Sweepstakes Entities with respect to the Sweepstakes are final and binding; (ii) to release the Company, any participating Station, and when applicable the Sweepstakes Entities, prize provider(s), third party fulfillment service, and each of their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Sweepstakes and the award or use of the prizes; (iii) to allow the Company to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this Sweepstakes, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Sweepstakes Entities 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. All taxes, related fees, other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of prizewinner. The Company, Hasbro, and Stations do not make, and are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Company will have no further obligation to winner.
8. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) that are not specifically provided for in the Official Rules, regardless of whether prize is used in whole or in part. Each winner must provide the Company 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 Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
9. Conduct and Decisions. By participating in the Sweepstakes, entrants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Sweepstakes to the Company’s, Station’s and/or Hasbro's "discretion" and/or any exercise of discretion by Company, Station or the Company shall mean in Company’s, Station’s and/or Hasbro's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further reserves the right to: (i) terminate or declare any Sweepstakes null and void and rescind any prize, 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; (ii) cancel, terminate or modify the Sweepstakes if, in the sole discretion of the Company, 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 ; (iii) alter or amend these Sweepstakes rules at any time; and (iv) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Sweepstakes rules will be broadcast on-air, when practical.
10. Miscellaneous. Void outside the United States, and wherever prohibited or restricted by law. The Company reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all entrants. Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period from all participating stations. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules, or discontinue the Sweepstakes at any time as announced on the Station(s). The Company disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. For a copy of the rules, or where required by law, a list of winners, visit the business office of the participating Station during normal business hours or visit the Station’s website. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 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.
11. Binding Arbitration. Any controversy or claim arising out of or relating to this 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, the Company 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 the Company 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.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
12. Compliance with Law. The conduct of the Sweepstakes is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company and participating Station(s) shall follow the applicable laws for conducting promotions, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Sweepstakes, etc. as required by applicable local and state law.