OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
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 THROUGHALL WIRELESS CARRIERS.TO ENTER WITHOUTSENDING A TEXT MESSAGE, SEE SECTION 2 BELOW.
THIS SWEEPSTAKES IS BEING CONDUCTEDON PARTICIPATING STATIONSTHAT ARE LOCATEDIN VARIOUS STATES AND THEIR RESPECTIVE TIME ZONES. THERE WILL BE UP TO ONE (1) NATIONWIDE WINNER.
Sweepstakes Name: Get Tropicalwith 98 Degrees at BeachesResorts Turks & Caicos Text Sweepstakes (the “Sweepstakes”)
Station: See attached Station List (collectively the “Stations”) Station Address: 125 W 55th St 7th Floor New York, NY 10019
Promotion Partners:Unique Travel Corp, the worldwiderepresentative for BeachesResorts and AmericanAirlines (collectively, “Promotion Partner”)
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the website: https://news.iheart.com/contests.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Get Tropical with 98 Degrees at Beaches Resorts Turks & Caicos Text Sweepstakes,125 W 55th St 7th Floor New York, NY 10019.
1.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 (or the age of majority in the entrant’s state of residence, whichever is older) at the time of entry (“Entrant”).
The Promotion Partner requires prize winners and guests to observe safety protocols with respect to COVID-19, including a requirement to provide proof of vaccination to the extent permitted by applicable law in each resort location including, but not limited to, Turks & Caicos. Winnerreleases Sponsor and Station from all liability if access to a prize or related service is denied due to failure to provide proof of vaccination or observe required safety protocols and no alternate prize will be provided.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations. Void 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 “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 relatedor not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Eligibility Frequency Limits:The Sponsor may set limitations on how frequently an individual can be eligibleto win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days. An individual may not win more than three (3) times in one month.Only one (1) winner per household is permitted in any contestor sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
2.TIMING: The Sweepstakes begins on June 3, 2022 at 12:00:00a.m. ET and ends at 7:59:59 p.m. HAT on June 5, 2022 (“Sweepstakes Period”).
The Sponsor’scomputer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Throughout the Sweepstakes Period, a number of “sounders”/cues to play will be aired at various times along with a message instructing listeners to text the specific keyword to enter for a chance to become a winner. Listen to the participating station(s) for details.
1)Text: Throughout the Sweepstakes Period you may text the designated keywordto 200200 to enterfor a chance to become a winner. You will receive at least one (1) autodialed text message in response to your entry, Standard text messaging and data rates may apply;contact your carrierfor rates applicable to your plan. For HELP, text “HELP” to 200200. To STOP, text “STOP” to 200200 to cancel. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. Check your owners' manual for specific text- messaging instructions. Text-messaging may not be available through all wireless carriers.
2)Website - ALTERNATE METHOD OF ENTRY (“AMOE”): To enter the Sweepstakes without sending a text message, during the Sweepstakes Period, log in to any participating Station’s website and follow the Sweepstakes links to registerfor the Sweepstakes by enteringthe keyword along with your phone number and/or any other information requested by the Sponsor. All entries received online must be received during the Sweepstakes Period. Any entry received or made either by text or onlineafter the Sweepstakes Period will not be valid and will not be deemed eligible.
Limit of one (1) entry per person/mobile phone number and/or verified email address per day for the durationof the Sweepstakes Period. Incomplete and/or invalid or duplicate entries will be disqualified.
Entries must contain all information requested and comply with all any applicable restrictions or requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them in connection with the Sweepstakes, via phone or text message, at the telephone number from which the text message entry was received. The Sponsoris not responsible for entriesnot received due to difficulty accessing the internet,service outage or delays,computer difficulties and other technological problems. The ReleasedParties (as definedbelow in Section8) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entriesor communications, regardless of cause. Multipleentrants are not permitted to share the same email address and/or phone number.Should multiple users of the same e-mailaccount or mobile phone number,as applicable, enter the Sweepstakes and a disputethereafter arise regarding the identity of the entrant,the authorized accountholder 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. The Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the above stated limit will be declaredineligible. All entriesbecome the propertyof Sponsor and will not be receiptacknowledged or returned.
Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. The Sponsor assumes no responsibility for entrants not making timely texts to the Sponsor. The Sponsor assumesno responsibility for entrants not receiving the short code as a result of the delays or issues in the Internet stream or otherwise.
Entry by sending a text message will not improve your chance of winning. Text message entries must meet all requirements set forth hereinin order to be eligible. The text messaging method of entry is designed to work with most of the U.S. major wireless carriersin the United States, but the Sponsormakes no guaranteethat any particular wireless service provider will participate. To enter by text, the mobile phonethat 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 wirelessservice pricing plan. By textingto enter, the entrant grants permission to the Sponsorto notify them via a return text messages relatingto the Sweepstakes and must agree to accept all applicable chargesassociated therewith. Entrantis responsible for all applicable fees and taxes associated with placing a text messageentry. Sponsor in its sole discretion may add or delete a cellular carrierat any time, without notice. Proof of text messaging to the short code is not considered proof of delivery to, or receipt by, Sponsor of such entry. Entrants are restricted to the use of ordinary telephone equipment. The Sponsor disclaims all liability for the inability of a entrant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. By participating in a Sweepstakes in which text message-based entryis permitted, entrantsacknowledge that text messages are distributed and delivered throughthird party providers; neitherthe Sponsor nor Station guarantee, nor shall eitherbe responsible for, the deliveryor timeliness of any text messageentry. Not all wireless carriessupport access to a commonshort 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 notresponsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsormay require, on request, proofof identity as to the rightfulowner of the phone number from which the text message entry was sent. The Sponsorreserves the right,in its sole discretion, to disqualify any entry if that entry'ssource and sendercannot be reasonably determined. BY TEXTINGTO ENTER, THE ENTRANT GRANTS PERMISSION TO THE SPONSORTO NOTIFY THEM VIA ONE (1) RETURNTEXT 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.
By participating, you agree (a) to be bound by theseOfficial Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsoris final on all mattersrelating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party;(d) in the event that you do not complywith these Rules,that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
3.WINNER SELECTION. On or about June 6, 2022, the Sponsorwill randomly select one (1) potential prize winner from among all eligible entries collectively received during the Sweepstakes Period.
Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determinean alternate winnerin accordance with these OfficialRules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Winner Notification: Winner will be notified within one (1) day after the sweepstakes drawing, via phone at the phone number providedduring registration. 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 and or does not consent to be recorded for broadcast purposes, the potentialprizewinner 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 winningdepend upon the number of eligible entriesreceived during a particular playtime.
The Sponsor is not responsible for any change of email address, mailingaddress, and/or telephonenumber of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).
As a condition of participating in the Sweepstakes, entrantsagree and acknowledge that in order to receivea prize and bedeemed a winner,entrants must sign an officialwaiver form providedby the Sponsor and agree to the terms herein, including but not limited to the prizeconditions. The potential prize winner may (in Sponsor’ssole 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 five (5) days after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
One (1) GRAND PRIZE:
One (1) Prize Winner (and their eligible guest) will receive a four-day/three-night LuxuryIncluded stay for two (2) adults each (Sweepstakes Grand Prize winner and a guest) to travel to Beaches Turks & Caicos between August 28 through September 1, 2022, which will include a private acousticperformance from 98 Degrees tentatively scheduled for August 31, 2022!
Grand Prize consistsof:
• Round-trip international, coach/economy air transportation from American Airlines for each Prize Winner and one (1) eligible guest, from the major commercial airportnearest winner’s residence (as determined by Sponsor in its sole discretion) to Turks and Caicos (Travel window Sunday, August 28th through Thursday, September 1, 2022, and subject to change as determined by Promotion Partner in its sole discretion) to Turks and Caicos. Sweepstakes Grand prize winner and guest must travel on the same itinerary, originating from the same gateway. Flight(s) and American Airlines air carrier are subject to change and availability. Restrictions may apply. Promotion Partner nor JAWW shall be responsible if airlines change the gateway(s) or discontinue service from a specific gateway.
•Four (4) day/three (3) night Luxury Included® accommodations; one (1) room double occupancy (Deluxe Category), all meals, unlimited premium brand beverages, daily & nightly entertainment, an array of land and water sports activities, including scuba diving (for certifieddivers), snorkeling, Wi-Fi in all rooms and public areas, resort taxes, resort gratuities and round-trip ground transportation for each Sweepstakes Grand Prize winner and one (1) adult guest) to and from the Turks & Caicos airport and Beaches Turks & Caicos on the day of arrival and on the date of departure.
• Access for two (2) to a private acoustic performance by 98 Degrees at Beaches Turks & Caicos on August 31, 2022; and
• Access for two (2) to a private meet & greetwith 98 Degrees.
Prize value may vary depending upon departure locationand time of travel. Otherrestrictions apply.
“Exclusions” – car rental, personal charges, incidental, telephone calls, Premium Wi-Fi, Red Lane® Spa treatments and services, specialty dining, tours & excursions, inter-island transportation, SCUBA certification courses, room services, meals outsideof the selected and/or designated resort, island departure taxes, purchases made at the Beaches Specialty or Gift Shops, baggage fees, and customs duties, are not included.
Grand Prize Winner may redeem the Prize as a “come-along” to the Artist performance in Turks and Caicos as outlined above or redeem the trip by June 5, 2024 to any Beaches Resort of their choice (without any artist elements).
ARV of all Sweepstakes prizes: $4,500
All prizes provided by: Beaches Resortand American Airlines
Odds of Winning: The odds of winning the prize dependon the number of eligibleentries received.
No more than the advertised number of prizesshall 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'ssole discretion. Prize details and availability are subject to change. Sponsor is not the supplieror guarantor of any prize, unless otherwise specified. Prizing may be fulfilledby 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).
Unique TravelCorp Trip Conditions:
a)Substitution of Resort: Unique Travel Corp reserves the right to substitute the designated resort for the Promotion and/or the selected resort for the Beaches Resorts Package for another resort in the resort’s chain based on availability of space for the secured travel dates, and/or to substitute air carriers (where applicable) and to change dates without prior notice for any circumstance(s) beyond the resorts control and if such circumstance(s) so require.The Terms and Conditions agreed to shall apply with equal applicability to any resort, which is the subject of substitution or deviation. UTC nor the resorts shall be liable for any claim made whatsoever, including but not limitedto loss, compensation, or refund by reason of such substitution or deviation.
b)COVID-19: A respiratory virus, called Covid19, has been identified as the cause of an outbreak of respiratory illness that began in December 2019 in the city of Wuhan, Hubei Province, China. Additional cases have been identified in other countries. The Prize Winnercan find updatedinformation on the Centers for DiseaseControl’s website. The health and safety of our guests is our number one priority. Prior to entering the Resort, all guests will be administered a no-touch thermal scan to screen for fever. Anyone with any fever (≥38 C°/100.4 F°) will not be allowed to enter the Resort. Beaches Resorts reserves the right to implement other COVID-19 and/or other health and safety protocolsas the needs arises in its sole discretion. There is a risk in entry regardless of temperature checks, and all guests enter at their own risk and shall be advised as follows: If you experience any symptoms of any illness while at the Resort, please stay in your room and contact the Medical Center. Consultation chargeswill be waived. If you develop symptomsafter leaving the Resort, see a doctor right away andadvise the Resort.All guests shall further acknowledge and agree that they are fully aware of the contagious nature and effects of COVID-19 and voluntarily assume that risk and responsibility and further agree that they will release, indemnify and holdharmless UTC and Sandals Resorts International Limited, and their respective parent corporations, affiliates, subsidiaries insurers, directors, officers, employees, successors, assigns, agents
and representatives, against any claims and/or damageswhatsoever, including legal fees relatingto any infection, transmission, health condition influenced or otherwise impacted or complication by COVID- 19.
c)Compliance With Government Entities: Unique Travel Corp, its affiliates, and parent as well as Beaches Resorts and/or resort related entities shall have the right to comply with any and all orders, recommendations, or directions whatsoever given by any government entityor by persons purporting to act with such authority, and such compliance shall not be deemed a breach of the Agreementor any agreement entitling the guests to assert any claim for liability, compensation or refund.
d)CLASS ACTION WAIVER: UPON THE ACCEPTANCE OF THE CONCERT GRAND PRIZE PACKAGE OR THE BEACHES RESORTS PACKAGE, THIS CLAUSE PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST(S) TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST(S) FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER AS A RESULT OF THIS AGREEMENT AND/OR THE ACCEPTANCE OF THE CONCERT GRAND PRIZE PACKAGE OR THE BEACHES RESORTS PACKAGE. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, GUEST(S) AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST UNIQUE TRAVEL CORP WHATSOEVER SHALL BE LITIGATED BY GUEST(S) INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST(S) EXPRESSLY AGREE TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF GUEST(S’) CLAIM IS SUBJECT TO LEGAL PROCEEDING UNDER FOREIGN SELECTION AND CHOICE OF LAW PROVISIONS OF THE UNIQUE TRAVEL CORP. - TERMS AND CONDITIONS, available here https://www.beaches.com/terms-conditions/THE GUEST(S) FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE PROCEEDING OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT AND/OR ACCEPTANCE OF THE CONCERT GRAND PRIZE PACKAGE OR THE BEACHES RESORTS PACKAGE TO ANY CLAIMS HEREIN. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW. GUEST(S) AGREE THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE FORUM SELECTION AND CHOICE OF LAW PROVISION SET FORTH IN THE UNIQUE TRAVEL CORP. – TERMS AND CONDITIONS. GUEST(S) AGREES THAT THE PARTIES REFERENCED IN FOREIGN SELECTION AND CHOICE OF LAW PROVISIONS OF THE UNIQUE TRAVEL CORP.– TERMS AND CONDITOINS THAT MAY BE THE SUBJECT OF ANY CLAIM BY GUEST(S) CAN RECEIVE IMMEDIATE JUDICIAL ASSISTANCE TO ENFORCE THIS CLASS ACTION WAIVER.
e)Travel SafetyWarning: Due to the fact that traveland tourism are constantly in a stateof flux, the prizewinner shall consult the U.S. State Department’s website at <travel.gov> and enter the name of the country(ies) that they plan to visit for the latest information concerning traveler safety, security,and health advisories. All guests are responsible for checking the travel and entry protocols for the destination that they are travelling to before they depart and ensuring that they fullyunderstand and complywith any such protocols. For example, for some destinations, may requireall guest to be fully vaccinated and/orto obtain a negative PCR Covid-19 test a certain number of days pre and post travel. Please visit the travel.gov website before travel and check the official Government website for the country you are visiting. UTC and/or SandalsResorts International Ltd. shall not be responsible for any additional costs incurred for any required test or any other pre-travel requirements.
Sponsor Trip Conditions:
COVID-19 Release and Waiver: Winner understands and agrees that travel will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness, injury or loss due to such travel. Winner acknowledges that, notwithstanding the safety precautions taken by the air carrier, hotel property, stadiums or other venues, and other providers of travel-related services, it is possible that he/she may still contract Coronavirus (COVID- 19). Additionally, winner understands and agrees that, in responseto economic and/orsocial conditions engendered by
the Coronavirus (COVID-19), Sponsor may be compelled to modify, postpone or cancel the trip. In all cases, winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the otherReleased Parties) have any liabilityin excess of the above-indicated ARV of the Trip.
The prize winner and guest must conduct themselves at all times in a socially responsible, respectful and appropriate manner including following all private guidance from a venue operator, airline and other prize suppliers as well as governmental mandates intendedand designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limitedto maintaining socialdistancing, mask-wearing, testingand may also include quarantine (if mandated).
The Sponsor is not responsible for any delay, cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Sponsor reserves the right to notaward the prize associated with that canceled event or concert,without any paymentor obligation to the winner or potentialwinner. Any providedtickets are subjectto certain terms and conditions specified thereon. Location of seats and tickets are in Sponsor’s sole discretion or may be predetermined as supplied by the Sponsor. Lost or stolen passes or tickets to any event will not be replaced. The Sponsor reserves the right to substitute a prize, in whole or in part, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor’s discretion, if for any reasona prize, or anyportion thereof, as described hereinshould become unavailable. The winner and guests agree to comply with all applicable venue regulations in connection with the concert and/or other Contest prize events. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner (and his/herguest) who engage in a non-sportsmanlike or disruptive manner,or with intent to annoy,abuse, threaten or harass any other person at the concert and/or other Contest prize event or in any other objectionable behavior. If, after a prize has been selected and ticketing has been completed, concert is cancelled, such portions of the prize will be forfeited and the Sponsorshall have no further obligation to winner. 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 when winner will be issuedan IRS Form 1099 reflecting the actual value of all prizeswon. 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 eligibletravel companion(s) forfeit,do not use, or are determined ineligible for any portionof the prize, the winner will not receivethe difference betweenthe actual and approximate retailvalue, and such difference will be forfeited.
Trip Prize Conditions: All prize packagesshall include round-trip, coach class air transportation for winner from a major commercial airport near winner’s home to the destination and a double occupancy standard hotel room as specified in herein. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference betweenstated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Contest Rules. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expensesnot specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the prizewinner(s) is unavailable for travel on the designated dates, the specifiedor prize will be forfeited and may or may not be awardedto an alternate prizewinner(s) at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guestmust have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a validUS passport upon winning the prize, the trip may be forfeited and an alternate winner will be selected, in the Sponsor’s sole discretion. In accordance with applicable laws, international travelers are required to possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified. Airline tickets are non- refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of the Sponsor, air travel is not required due to winner's proximityto the trip destination, groundtransportation will be substituted for roundtrip
air travel at the Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the prize winner. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels,venue operators, transportation companies, prize providersor any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest will be required to complete and return the applicable forms and releases. Winner must sign a prizeacceptance form, provide the information for their travel guest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtainingtravel insurance (and all other forms of insurance) at their optionand hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets,travel vouchers or certificates will not be replaced or exchanged. If a winnercannot be contacted or is disqualified, the Sponsor reservesthe right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggagefees, travel insurance and applicable taxes(including, but not limitedto all local, state and federal taxes)and any and all otherexpenses not specifically mentioned herein are the sole responsibility of the prize winner. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Sponsor shallhave no further responsibility for that portionof the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Sponsor will not be responsible for replacing that portion of the prize. The Sponsor is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor. The Sponsor is not responsible for any travel delays,flight cancellations or difficulty. If travel delays,cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sponsor is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsorand will not be awarded,except as providedherein. Winner agrees to accept all blackoutdates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE,WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE SPONSOR AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
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 WARRANTYOF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
5.TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or
SWEEPSTAKES. The use of any automated device,automated launching or entry softwareor any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liabilityfor any delays, misdelivery, loss,or failure in the deliveryof any item sent by mail, courier,express, electronic transmission, or other delivery method.
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 onlineentries, traffic congestion on telephone lines,the Internet or atany website or lost or unavailable network connections which may limit an online entrant's abilityto 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 ornetwork hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor furtherreserves the rightto: (i) cancel,terminate, suspend, declarenull or void, amend, alter,or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absoluteresolution, 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, byany 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 violatedor 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 mannerdeemed fair and equitable by Sponsor.
6.PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names,characters, images, voices,and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
7.USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes.This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance
8.RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) fromand against from any and all liability, loss or damage(including personal injury)incurred with respectto 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 awardor use of the prizes; and (ii) where allowedby law, sign a publicity release confirming consentto use the winner’s name/likeness as set forth inSection 6 priorto acceptance of the prize.The Released Partiesare not responsible or liable to any entrantor winner or any person claimingthrough such entrantor winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow- down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
9.TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social securitynumber before any prize will be awarded.Any person winningover $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 Sponsorwill be finaland binding on all mattersrelating to this Sweepstakes. Persons who violateany rule, gain unfair advantagein 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’sdecisions 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 drawingfrom among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy undersuch circumstances. Any reference in these OfficialRules 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 violatedor 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 materialchanges to the Sweepstakes rules will be broadcast on-airand available on-lineat the Station’s website,when practical. The Sponsor’s failureto enforce any term of these OfficialRules shall not constitute a waiver of this provision.
11.BINDING ARBITRATION. Any controversy or claim arisingout of or relating to the SponsorSweepstakes shall be settledby binding arbitration in a locationdetermined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other locationas may be mutually agreedupon 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 costsof arbitration will be prohibitive as compared to the costsof litigation, Sponsorwill 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 termsas 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 claimantnor Sponsor shall be entitledto arbitrate their dispute. Upon filing a demand for arbitration, all parties to sucharbitration shall have the right of discovery, which discovery shall be completedwithin sixty days after the demand for arbitration is made, unlessfurther extended by mutual agreementof 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 PERSONSOR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12.MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant herebyknowingly and expressly waives all rightsto claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
13.COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.
APPENDIX A – PARTICIPATING STATIONS
Individual Participating Stations may opt to make amendments or changes regarding qualifying or participation affecting that station only by includinghereto an attachedaddendum amending the rulesand outlining the applicable changes. The Sponsor is conducting the Sweepstakes concurrently and simultaneously on several participating stations that are located in various States and their perspective time zones. Entrants not located within the referenced time zone, must factor in the time difference in determining the dates and times stated herein. Sponsor may add or remove participating stations or changecall letters of any participating station at any time during the Sweepstakes as announced on the affectedstation. The Station’sparticipation in this
Sweepstakes during the Sweepstakes dates may vary from day to day as announced on air of the affected Station, and as listed as amended in Appendix A and as noted in any applicable addendum. Station will announceparticipation. Stations participating in this Sweepstakes may includeall stations owned or operatedby iHeartMedia + Entertainment, Inc. FOR A LIST OF THE STATIONS PARTICIPATING PLEASE SEE THE CORRESPONDING ATTACHED APPENDIX.