NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.APURCHASEORPAYMENTWILL NOT INCREASEYOURCHANCESOFWINNING.
THIS CONTEST IS BEING CONDUCTED ON PARTICIPATING STATIONS THAT ARE LOCATED IN VARIOUSSTATESANDTHEIRRESPECTIVETIMEZONES.
This Contest is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”).Any questions, comments orcomplaints regarding the Contest must be directed to the Sponsor. For a copy of these Official Contest Rules, please visitthe office of the Station during normal business hours or send your request by mail at iHeartMedia + Entertainment, Inc. at125W55thSt7thFloorNewYork,NY10019
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia +Entertainment,Inc.,GrantingYourChristmas Wish2021Contest,125W55thSt7thFloorNewYork,NY10019.
ELIGIBILITY:This Contest is open only to individuals who (i) are legal residents of the 50 states of the United States orthe District of Columbia, (ii) who are 18 years of age or older at the time of entry (19 or older if a resident of Alabama orNebraska(“Entrant”).
If you are not a legal resident of the United States, or you are not the required age as of time of entry, you are not eligibleto enter this Contest or to win a prize. Employees, contractors, officers and directors of Sponsor, its affiliates, parentcompanies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station,andanythirdpartyprizeprovider(s)and/orprizefulfillmentservice(collectively,the“ContestEntities”);individualsemployedbyanyotherradioandtelevisionsstation;andmembersoftheimmediatefamilies(spouseandbiological,adoptiveorstep-parents,grandparents,children,grandchildrenandsiblings,andeachoftheirrespectivespousesregardlessofwheretheyreside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contestorwintheprize.
TheSponsormaysetlimitationsonhowfrequentlyanindividualcanbeeligibletowinmorethanoneprizewithinaspecifiedtime period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, thesame individual may not win more than one prize to a specific event.For local sweepstakes/contests, an individual maywin only once (1) every seven (7) days per station.An individual may not win more than three (3) times in thirty (30) days(localandnationalcombined).Onlyone(1)winnerperhouseholdispermittedinanycontestorsweepstakes.“Householdmembers”shallmeanpeoplewhosharethesame residenceatleastthree(3)monthsayear.
1.TIMING.Contest begins on November 25, 2021 at 12:00:00 a.m. ET and ends at 4:59:59 p.m. ET on December17, 2021 (“Entry Period"). Entrants not located within the Eastern Standard Time (EST) zone, must factor in the timedifference for the defined time zone in which they are located, e.g. November 25, 2021 at 3:00 am (EST) is November 25,2021 at12:00amPacific StandardTime(PST)
How to Enter: During the Entry Period, visit participating station’s website and type the word “WISH” or “CHRISTMASWISH” to access the Contest page or enter at iheartradio.com/wish.Register for the Contest by submitting the entry formwith all required information including a short essay stating: why you want your Christmas wish granted.Essays may ormaynot beread on aparticipatingStation throughoutthecontestperiod,intheStation’ssolediscretion.
Limitone(1)entryperperson/emailaddress/household.Entriesmustcontainallinformationrequestedandcomplywithallcontentsubmission requirementsset forth hereintobe valid.No e-mailorfaxEntrywillbe accepted.
Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account ormobile 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 theentrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phonenumber by an Internet access provider, on-line service provider, telephone service provider or other organization which isresponsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address.ProofofsubmissionofanentryshallnotbedeemedproofofsubmissionorreceiptbytheSponsorforonlineentries.Whenapplicable, the Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will bedisqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries becometheproperty of Sponsor andwillnotbeacknowledged or returned.
By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that thedecisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of anyemployer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and yourprize(ifany)willbeforfeited;and(e)(whenapplicable)thepotentialwinnerand/orfinalistmustbeavailabletoparticipateinanyportiontotheContestthat participationmayberequiredtobeconsidered eligible.
As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection withtheContest(including,but notlimitedto your submission.
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not beenpreviously published, (c) has not won previous awards, (d) has not been copied from other, (e) does not infringe upon therights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy orpublicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness orname is used in the Content, and (g) and that publication of the Content via various media including Web posting, will notinfringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (asdefinedherein)fromanyclaimstothecontrary.AnyentrantwhoseContentincludesnamesorlikenessesofthirdpartiesorcontains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks orlogos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactoryto Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be100%ownedandcontrolledbytheentrant.TheContentshallbefreeandclearofanyclaimsbyanypersonwhosewritings,quotes,orideasareembodiedintheContent,oranypersonrenderingservicesinconnectionwiththeContent.TheContentshallnotcontainanymaterialsownedorcontrolledbyathirdpartyforwhichyouhavenotobtainedalicense.TheSponsorreserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole andabsolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, willnot place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use andotherwisedisclosetheideascontainedintheEntryonanon-confidentialbasistoanyoneorotherwiseusetheideaswithoutany additionalcompensationtoyou.Youacknowledgethat,byacceptanceofyourContent,theSponsorandtheContest
EntitiesdonotwaiveanyrightstousesimilarorrelatedideaspreviouslyknowntoSponsororContestEntities,ordevelopedbytheir employees,orobtainedfromsources otherthanyou.
CONTENT MAYBE POSTEDONSPONSOR’SWEBSITE,ORELSEWHEREONTHEINTERNETASAUTHORIZED BY
SPONSOR,INSPONSOR’SDISCRETION.InconsiderationforyourparticipationinthisContestandfortheopportunitytowin a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, anunlimited,perpetual,worldwide,non-exclusive,non-restrictive,royalty-free,sub-licensable(throughmultipletiers)rightandlicensetouse,publish,reproduce,display,perform,adapt,modify,distribute,publicallyperform,transmit,havedistributed,preparederivativeworksof,andpromotesuchContentinanyform,inallmedianowknownorhereinaftercreated,anywhereintheworld,forany purposeandwithoutconsiderationtotheentrant.
•Content must be uploaded/submitted in the format specified and must comply with the posting requirements setforthaboveandas posted ontheSponsorwebsite;
•The Content must be Federal Communications Commission acceptable, including no use of indecent or obscenematerial or language;
•Content cannot promote alcohol, 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 politicalagenda or message;
•Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, ormaterial about the Sponsor, the Station, the Sponsor, any of their respective products and/or services, or aboutanyother people,productsor companies;
•Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or otherintellectual property, proprietary, or contractual right of a third party and cannot contain any personal identificationsuchaslicenseplatenumbers,personalnames,e-mailaddressesorstreetaddresses,otherthanentrant’s;
•Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand orproductofany kind,withoutpermission;
•Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings andother 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,exceptcopyrightedmaterialsownedbySponsor,isgroundsfordisqualificationfromtheContest.Therefore,donotcopy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging toanythirdpartiesorincorporatethenames,voices,likenessorpersonasofanypartyotherthanyourselfunlessyouhave obtained all rights necessary to permit you to use same in connection with your content and grant the rightshereingrantedtoSponsorandContestEntities);
•Contentshallnotincludeanybackgroundartwork,unlessitisanoriginalworkoftheentrant(anyartwork,murals,etc. that can be seen in the Content must be created solely by the entrant or entrant must be the sole owner of allcopyright 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 legallyprotectedclassification(whichincludes,butisnotlimitedto,epithetsorslurs,threats,intimidations,orhostileacts);
•Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying anyperson, livingor dead,withoutpermission;
•Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill towhich Sponsor wishes toassociate;
•The Content must be socially acceptable and in good taste, as determined by the Station in the Station’s solediscretion.
BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its solediscretion,basedonthetermssetforthhereinaswellascurrentbroadcaststandardsandotherprogrammingandoperatingpractices and policies established by the Sponsor and/or Station for airing advertising. Any waiver of any obligationhereunderbySponsordoesnotconstituteageneralwaiverofanyobligationtoentrants.SponsorreservestherighttowaivetheContestContentrequirementssetforthhereininitsreasonablediscretion.Sponsorreservestheright,initsreasonablediscretion,duringoruponcompletionoftheEntryPeriod,torequestthatanyentrantresubmithisorherContentwhichfails
DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes yourintellectual property rights, click here if you wish to report it, contact us by mail at DMCA Designated Agent, c/o LegalDepartment, iHeartMedia, Inc., 200 East Basse Road, San Antonio, TX 78209,” by fax at (210) 832-3149, or by email atdmca@iHeartMedia.comandincludethe informationrequired atiHeartMedia'sTermofUse, Section 23.
Byacceptingaprize,thewinner(s)agreesthathisorherContentwillbedeemedaWorkMadeForHireundertheCopyrightlawsoftheUnitedStates,butifitcannotbesodeemed,thenthewinnerirrevocablyassignsandtransferstoSponsorallofhis/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rightswhich he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency ofwhich is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights ofAuthors”oranysimilarrightsorprinciplesoflawthatwinnermaynoworlaterhavetotheirContent.Sponsorreservestheright to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall executeand deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary toestablish 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 statedthatshallnotbe deemedawaiverof Sponsor’s rightsandSponsormayata later timerequesttheassignment.
3.JUDGING/GRAND PRIZE WINNER SELECTION: Each weekday beginning on or about November 29, 2021throughDecember17,2021,theSponsorwillchooseapanelofjudgestoselectbetween(2)twoand(10)tightessaysfromallentries receivedbased onthefollowingequally weightedcriteria:
Eachweekday,theentriesthatreceivethehighesttotalscoreamongalljudgingcriteriawillbedeclaredeachagrandprizewinner, subject to verification. In the event of a tie, the tie-breaker will be based upon the highest score in the first judgingcriteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break thetie.Intheeventthatatiestillremains,anewjudge,selectedbytheSponsorinitssolediscretion,willjudgethetiedentriesbased onthejudgingcriteriasetforthabove.ALL DECISIONSOFTHEJUDGESAREFINAL.
PotentialContestwinner(s)issubjecttoverification,includingverificationofeligibility.Ifanentrantisunabletoverifyhis/herinformation,theentrantwillautomaticallybedisqualifiedandtheirprize,ifany,willbeforfeited.TheSponsorreservestheright to determine an alternate winner in accordance with these Official Rules in the event that that any winner isdisqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in anyapplicableContest events.
PotentialContestwinner(s)willbenotifiedbyphonecalltothephonenumberprovidedduringregistration.THESPONSORWILLCALLTHEPOTENTIALWINNERBETWEENTWO(2)ANDTHREE(3)TIMES.THEPOTENTIALWINNERMUSTANSWER ONE OF THE CALLS.IF THE POTENTIAL WINNER DOES NOT PICK UP ONE OF THE CALLS, THEPOTENTIALWINNERWILLBEDISQUALIFIEDANDSPONSORWILLSELECTTHENEXTPOTENTIALWINNER,WHO
WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY.Sponsor is not obligated to and will notleave a voicemail or other message when contacting the potential winner. Notification is deemed to have occurredimmediatelyuponplacingofaphonecall.TheSponsorisnotresponsibleforanychangeofemailaddress,mailingaddress,and/ortelephonenumberofentrants.TheContestEntitiesarenotresponsibleforandshallnotbeliableforlate,misdirectedor unsuccessful efforts to notify a finalist and/or potential winner(s), or (if the finalist or potential winner is a minor) for late,misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winnerdoesnotclaimtheprizewithintheappropriatetimegivenupon,theentrantwillautomaticallybedisqualifiedandtheirprizewillbeforfeited.
AsaconditionofparticipatingintheContest,entrantsagreeandacknowledgethatinordertoreceiveaprizeandbedeemeda winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including butnotlimitedtotheprizeconditions.Ifeligibleentrantsincludeminors,aparentorguardianofsucheligibleminormustsign
a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award aprize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor inhis/her state of residence, the potential prize winner's parent or guardian, may (in Sponsor’s sole discretion) be required tosign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releaseswithin twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner tobe qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure toreturn all required forms within this time period may result in the potential winner being disqualified and, in such event, theSponsor may award the prize to an alternate winner from among all remaining eligible entries, as determined by Sponsorin its soleanddiscretion.
A Christmas Wish Granted - the individual prize value should not exceed $5,000 US;Prizeamountswillvarydependingon itemoritems listedonessay;
ThespecificsofallaforementionedelementsoftheprizesshallbesolelydeterminedbytheSponsor.Total overallprizevalueshall notexceed$149,500.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions asspecifiedherein.Aprizemaynotbesold,traded,orcommissioned,andisnotexchangeable,transferable,substitutable,orredeemableforcashexceptinSponsor'ssolediscretion.Prizedetailsandavailabilityaresubjecttochange.Sponsorisnotthesupplierorguarantorofanyprize,unlessotherwisespecified.PrizingmaybefulfilledbyathirdpartyfulfillmentSponsor.The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prizeacceptance,theprize,and/orprizeusenotspecifiedhereinasbeingprovidedarethesoleresponsibilityofwinner(s).
Allprizes providedby: iHeartMedia+Entertainment,Inc.
Promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefundedbankcard,agiftcard,anelectronicgiftcard,stored-valuecardorcertificate,astorecard,merchantcard,voucherforservicesorgoods,agiftcertificateorsimilarinstrumentandotherredeemableinstrumentswithvaluecreditorthe like that may be awarded are subject to terms, conditions and restrictions as set by issuer. *Promotional cardsaresubjecttothetermsofuse,applicableconditionsandrestrictions,includinganyexpirationdates,promulgatedbyissuerofcard.Thepromotionalcardsarenottransferable,redeemableforcashorexchangeableforanyotherprize.Redemptionof the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participatingmerchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot beredeemedforthepurchaseofotherpromotionalcards.Exceptasrequiredbylaw,thepromotionalcardcannotbereloaded,resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if anypromotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not bereplaced.NosubstitutionsallowedexceptbySponsoratitssolediscretionforaprizeofcomparablevalue.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS”AND THESPONSOR DOES NOT MAKE (AND IS NOTRESPONSIBLE FOR) ANYREPRESENTATIONS, GUARANTEES,ORWARRANTIESOFANYKIND,EXPRESSORIMPLIED,INFACTORINLAW,RELATINGTOANYPRIZE(INCLUDING,WITHOUTLIMITATION,ANYIMPLIEDWARRANTYOFMERCHANTABILITYORFITNESSFORAPARTICULARPURPOSE),ANDALLSUCHWARRANTIES AREHEREBYDISCLAIMED.
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 delayedtransmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailablenetwork connections which may limit an online entrant's ability to participate in the Contest; (2) any injury or damage toentrant’s or any other person’s computer related to or resulting from participating in or downloading any informationnecessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by entrants, printingerrors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of anykind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware orsoftware; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (5) technicalorhuman errorwhich mayoccurintheadministration oftheContestortheprocessingof entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify theContest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate methodofconductingtheContestand/orawardingtheprize(s)atanytime,foranyreason,orif,inthesolediscretionoftheSponsor,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, programmingassociated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any othercauses which effect the operation of the Contest or the rules of the integrity of the Contest have been violated orcompromised 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 any prize(s)inamannerdeemedfairandequitablebySponsor.
6.PUBLICITY.Exceptwhereprohibited,byacceptingaprize,winner(s)granttheSponsorandStation(s)permissionto use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now knownor hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, orremunerationforsuchuse.Eachwinner’sname maybeincluded ina publiclyavailablewinnerslist.
7.USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant's personal data for a reasonable periodoftimetoenableittosendthatentrantanyprizethattheyhavewonandtoverifythattheseOfficialRuleshavebeen
8.RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Contest, each entrant agrees toreleaseandwaiveanyandallclaimsofliabilityagainsttheContestEntitiesandanyapplicablethirdpartyfulfillmentserviceandeachoftheirrespectiveemployeesandagents(collectively,the“ReleasedParties”)fromandagainstfromanyandallliability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest ortheawarding,shipping/handling,receipt,possession,and/oruseormisuseofanyprize,includinganytravelrelatedthereto.By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims inconnection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity releaseconfirmingconsenttousethewinner’sname/likenessassetforthinSection6priortoacceptanceoftheprize.TheReleasedParties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner forfailure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by anygovernmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and largegatherings,(whether or not the action, regulations, order or request proves to be invalid), national emergency, equipmentfailure, 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, unusuallysevereweather,hurricane,embargo,labordisputeorstrike(whetherlegalorillegal)laborormaterialshortage,transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond theContestEntities’solecontrol.Upon awardingtheprize,theSponsorwillhave no furtherobligationtowinner.
9.TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, andthevalueofanyprizeawardedtoawinnermaybereportedtotheIRSasrequiredbylaw.Eachwinnerissolelyresponsiblefor reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use notspecified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification numberor social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in acalendaryear willbeissuedanIRSForm1099reportingthevalue ofthoseprizes totheIRS.
10.CONDUCT AND DECISIONS.All decisions of the Sponsor will be final and binding on all matters relating to thisContest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status usingfraudulentmeanswillbedisqualified.TheSponsorwillinterprettheseRulesandresolveanydisputes,conflictingclaimsorambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. AnyreferenceintheseOfficialRulesoraspartoftheContesttotheSponsor’sand/orStation’s"discretion"and/oranyexerciseof discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." TheSponsor further reserves the right to terminate the Contest if in its sole judgment, the rules or the integrity of the Contesthave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant inthe Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a manner to be determined by Sponsorfrom all eligible entries received prior to termination.If applicable material changes to the Contest rules will be broadcaston-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of theseOfficialRules shall not constituteawaiver of this provision.
11.BINDINGARBITRATION.AnycontroversyorclaimarisingoutoforrelatingtotheSponsorContestshallbesettledbybindingarbitrationinalocationdeterminedbythearbitratorassetforthherein(providedthatsuchlocationisreasonablyconvenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with theproceduralrulesforcommercialdisputessetforthintheComprehensiveArbitrationRulesandProceduresofJAMS(“JAMSRulesandProcedures”)thenprevailing,andjudgmentupontheawardrenderedbythearbitrator(s)maybeenteredinanycourthavingjurisdictionthereof.ThearbitratorshallbeselectedpursuanttotheJAMSRulesandProcedures.ThearbitratorshallapplyTexaslawconsistentwiththeFederalArbitrationActandapplicablestatutesoflimitations,andshallhonor
claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration willbe prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees inconnection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Ifany part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not bearbitrated 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 iftheinvalid,unenforceable,illegalorconflictingprovisionwerenotcontainedherein.If,however,theportionthatisdeemedinvalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety ofthis arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute.Uponfilingademandforarbitration,allpartiestosucharbitrationshallhavetherightofdiscovery,whichdiscoveryshallbecompleted within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of theparties.THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’SINDIVIDUALCAPACITY,ANDNOTASAPLAINTIFFORCLASSMEMBERINANYPURPORTEDCLASSORREPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHERPERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.DO NOT ENTER THIS CONTEST IF YOU DO NOTAGREETOHAVEANYCLAIMOR CONTROVERSYARBITRATEDIN ACCORDANCEWITHTHESEOFFICIALRULES.
12.MISCELLANEOUS.Sponsor reserves the right to determine eligibility should special circumstances arise, alldecisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related tothe 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 herebyknowinglyandexpresslywaivesallrightstoclaimorseekpunitive,incidental,consequential,special,oranyotherdamages,other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to havedamagesmultipliedorotherwiseincreased;(b)anyandalldisputes,claims,orcausesofactionarisingoutoforconnectedwiththisContest,oranyprizeawarded,shallberesolvedindividually,throughbindingarbitrationassetforthabove,withoutresorttoanyformofclassaction;and(c)anyandallclaims,judgments,andawardsshallbelimitedtoactualout-of-pocketcostsincurred(ifany),excludingattorneys’feesandcourtcosts.Somejurisdictionsdonotallowthelimitationsorexclusionof liability, so the above may not apply to every entrant. Participation in the Contest constitutes entrant’s full andunconditionalagreementto,andacceptanceoftheseOfficialRules.Winningaprizeiscontingentuponentrant’sfulfillmentofallrequirements setforthherein.
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 inconnectionwiththeContest,shallbegovernedby,andconstruedinaccordancewith,thelawsoftheStateofTexas,U.S.A.,withoutgivingeffecttotheconflictoflawsrulesthereof,andanymattersorproceedingswhicharenotsubjecttoarbitrationas set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take placeintheStateofTexas,inthe City ofSanAntonio.
TheSponsorisconductingtheContestconcurrentlyandsimultaneouslyonseveralparticipatingstationsthatarelocatedinvarious States and their perspective time zones. Entrants not located within the referenced time zone, must factor in thetime difference in determining the dates and times stated herein. The Sponsor may add or remove participating stations orchange call letters of any participating station at any time during the Contest as announced on the affected station. TheStation’sparticipationinthiscontestduringthecontestdatesmayvaryfromdaytodayasannouncedonairoftheaffectedStation,andaslistedasamendedinAppendixAandifapplicabletheindividualStation’sAddendum.Stationwillannounceparticipation.StationsparticipatinginthiscontestmayincludeallstationsownedoroperatedbyiHeartMedia+Entertainment,Inc.Stations participating include: SeeAppendixA