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.
Sweepstakes Name: Fresh Acres Market Phrase Of The Week
Station Address: 1331 Main St, 4th Floor, Springfield, MA 01103
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 office of the Station during normal business hours, send your request by mail to iHeartMedia + Entertainment, Inc. at 1331 Main St, 4th Floor, Springfield, MA 01103 or visit the website www.mix931.com
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Fresh Acres Market Phrase of The Week Sweepstakes at 1331 Main St, 4th Floor, Springfield, MA 01103
1.ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Connecticut or Massachusetts residing within the following counties: Hampden, Hampshire, Berkshire, Franklin, Hartford, and (ii) who are 18 years of age or older at the time of entry.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state(s) of Connecticut / Massachusetts (counties listed above) and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
2. TIMING: The Sweepstakes begins on February 5, 2021 at 12:01:01 [a.m.] [ET] and ends at 11:59:59 [p.m.] [ET] on January 2, 2022 (“Sweepstakes Period”).
The Sweepstakes Period consists of FORTY EIGHT (48) entry periods that will include FOUR (4) playtimes each period.
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Throughout the Sweepstakes Period each day, a “sounder” or cue to play will be aired at various times along with a message instructing listeners to enter the keyword within a specific period of time (playtime) to enter for a chance to become a winner. Listen to the participating station(s) for details on specific times to play. There will be a total of TEN (10) playtimes during the Sweepstakes Period.
Entry Period Start Date/Time 12:00:00am ET
End Date/Time 11:59:59 PM ET
February 5, 2021 5pm - 6pm, February 6, 2021 10a-11am, February 6, 2021 4-5pm ,February 7, 2021 2-3pm
February 12, 2021 5pm - 6pm, February 13, 2021 10a-11am, February 13, 2021 4-5pm ,February 14, 2021 2-3pm
February 19, 2021 5pm - 6pm, February 20, 2021 10a-11am, February 20, 2021 4-5pm ,February 21, 2021 2-3pm
February 26, 2021 5pm - 6pm, February 27, 2021 10a-11am, February 27, 2021 4-5pm ,February 28, 2021 2-3pm
March 5, 2021 5pm - 6pm,March 6, 2021 10a-11am, March 6, 2021 4-5pm ,March 7, 2021 2-3pm
March 12, 2021 5pm - 6pm,March 13, 2021 10a-11am, March 13, 2021 4-5pm ,March 14, 2021 2-3pm
March 19, 2021 5pm - 6pm,March 20, 2021 10a-11am, March 20, 2021 4-5pm ,March 21, 2021 2-3pm
March 26, 2021 5pm - 6pm,March 27, 2021 10a-11am, March 27, 2021 4-5pm ,March 28, 2021 2-3pm
April 2, 2021 5pm - 6pm, April 3, 2021 10a-11am, April 4 2021 4-5pm , April 5, 2021 2-3pm
April 9, 2021 5pm - 6pm, April 10, 2021 10a-11am, April 10, 2021 4-5pm , April 11, 2021 2-3pm
April 16, 2021 5pm - 6pm, April 17, 2021 10a-11am, April 17, 2021 4-5pm , April 18, 2021 2-3pm
April 23, 2021 5pm - 6pm, April 23, 2021 10a-11am, April 23, 2021 4-5pm , April 24, 2021 2-3pm
April 30, 2021 5pm - 6pm, May 1, 2021 10a-11am, May 1, 2021 4-5pm , May 2, 2021 2-3pm
May 7, 2021 5pm - 6pm, May 8, 2021 10a-11am, May 8, 2021 4-5pm , May 9, 2021 2-3pm
May 14, 2021 5pm - 6pm, May 15, 2021 10a-11am, May 15, 2021 4-5pm , May 16, 2021 2-3pm
May 21, 2021 5pm - 6pm, May 22, 2021 10a-11am, May 22, 2021 4-5pm , May 23, 2021 2-3pm
May 28, 2021 5pm - 6pm, May 29, 2021 10a-11am, May 29, 2021 4-5pm , May 30, 2021 2-3pm
June 4, 2021 5pm - 6pm, June 5, 2021 10a-11am, June 5, 2021 4-5pm , June 6, 2021 2-3pm
June 11, 2021 5pm - 6pm, June 12, 2021 10a-11am, June 12, 2021 4-5pm , June 13, 2021 2-3pm
June 18, 2021 5pm - 6pm, June 19, 2021 10a-11am, June 19, 2021 4-5pm , June 20, 2021 2-3pm
June 25, 2021 5pm - 6pm, June 26, 2021 10a-11am, June 26, 2021 4-5pm , June 27, 2021 2-3pm
July 2, 2021 5pm - 6pm, July 3, 2021 10a-11am, July 3, 2021 4-5pm , July 4, 2021 2-3pm
July 9, 2021 5pm - 6pm, July 10, 2021 10a-11am, July 10, 2021 4-5pm , July 11, 2021 2-3pm
July 16, 2021 5pm - 6pm, July 17, 2021 10a-11am, July 17, 2021 4-5pm , July 18, 2021 2-3pm
July 23, 2021 5pm - 6pm, July 24, 2021 10a-11am, July 24, 2021 4-5pm , July 25, 2021 2-3pm
July 30, 2021 5pm - 6pm, July 31, 2021 10a-11am, July 31, 2021 4-5pm , August 1, 2021 2-3pm
August 6, 2021 5pm - 6pm, August 7, 2021 10a-11am, August 7, 2021 4-5pm , August 8, 2021 2-3pm
August 13, 2021 5pm - 6pm, August 14, 2021 10a-11am, August 14, 2021 4-5pm , August 15, 2021 2-3pm
August 20, 2021 5pm - 6pm, August 21, 2021 10a-11am, August 21, 2021 4-5pm , August 22, 2021 2-3pm
August 27, 2021 5pm - 6pm, August 28, 2021 10a-11am, August 28, 2021 4-5pm , August 29, 2021 2-3pm
September 3, 2021 5pm - 6pm, September 4, 2021 10a-11am, September 4, 2021 4-5pm , September 5, 2021 2-3pm
September 10, 2021 5pm - 6pm, September 11, 2021 10a-11am, September 11, 2021 4-5pm , September 12, 2021 2-3pm
September 17, 2021 5pm - 6pm, September 18, 2021 10a-11am, September 18, 2021 4-5pm , September 19, 2021 2-3pm
September 24, 2021 5pm - 6pm, September 25, 2021 10a-11am, September 25, 2021 4-5pm , September 26, 2021 2-3pm
October 1, 2021 5pm - 6pm, October 2, 2021 10a-11am, October 2, 2021 4-5pm , October 3, 2021 2-3pm
October 8, 2021 5pm - 6pm, October 9, 2021 10a-11am, October 9, 2021 4-5pm , October 10, 2021 2-3pm
October 15, 2021 5pm - 6pm, October 16, 2021 10a-11am, October 16, 2021 4-5pm , October 17, 2021 2-3pm
October 22, 2021 5pm - 6pm, October 23, 2021 10a-11am, October 23, 2021 4-5pm , October 24, 2021 2-3pm
October 29, 2021 5pm - 6pm, October 30, 2021 10a-11am, October 30, 2021 4-5pm , October 31, 2021 2-3pm
November 5, 2021 5pm - 6pm, November 6, 2021 10a-11am, November 7, 2021 4-5pm , November 8, 2021, 2021 2-3pm
November 12, 2021 5pm - 6pm, November 13, 2021 10a-11am, November 13, 2021 4-5pm , November 14, 20212-3pm
November 19, 2021 5pm - 6pm, November 20, 2021 10a-11am, November 20, 2021 4-5pm , November 21, 2021 2-3pm
November 26, 2021 5pm - 6pm, November 27, 2021 10a-11am, November 27, 2021 4-5pm , November 28, 2021 2-3pm
December 3, 20215pm - 6pm, December 4, 2021 10a-11am, December 4, 2021 4-5pm , December 5, 2021, 2021 2-3pm
December 10, 2021 5pm - 6pm, December 11, 2021 10a-11am, December 12, 2021 4-5pm , December 13, 2021 2-3pm
December 17, 2021 5pm - 6pm, December 18, 2021 10a-11am, December 18, 2021 4-5pm , December 19, 2021 2-3pm
December 24, 2021 5pm - 6pm, December 25, 2021 10a-11am, December 25, 2021 4-5pm , December 26, 2021 2-3pm
December 31, 2021 5pm - 6pm, January 1, 2022 10a-11am, January 1, 2022 4-5pm , January 2, 2022 2-3pm
To enter, visit www.mix931.com, and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor). You may also find the registration page by using the keyword ‘contest’ on the station’s website.
Regardless of what method of entry is used, there is a limit of one (1) entry per person/mobile phone number and/or verified email address per day for the duration of 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 entry was received. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below in Section 8) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same e-mail account or mobile phone number, 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 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 declared ineligible. All entries become the property of Sponsor and will not be receipt acknowledged or returned. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes. The Sponsor assumes no responsibility for entrants not making timely entries to the Sponsor. The Sponsor assumes no responsibility for entrants not receiving the keyword as a result of the delays or issues in the Internet stream or otherwise.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner 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:
February 8, 2021
February 15, 2021
March 1, 2021
March 15, 2021
March 22, 2021
March 29, 2021
April 6, 2021
April 12, 2021
April 19, 2021
April 25, 2021
May 3, 2021
May 10. 2021
May 16, 2021
May 31, 2021
June 7, 2021
June 14, 2021
June 21, 2021
June 27, 2021
July 5, 2021
July 18, 2021
July 26, 2021
August 2, 2021
August 9, 2021
August 16, 2021
August 23, 2021
August 30, 2021
September 6, 2021
September 12, 2021
September 20, 2021
September 27, 2021
October 4, 2021
October 11, 2021
October 18, 2021
October 25, 2021
November 1, 2021
November 9, 2021
November 15, 2021
November 22, 2021
November 29, 2021
December 6, 2021
December 14, 2021
December 20, 2021
December 27, 2021
January 3, 2022
the Sponsor will randomly select ONE (1) Grand Prize winner from among all eligible entries each week, 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 determine an alternate winner in accordance with these Official Rules 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 e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within TWO (2) hours of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’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 hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
FORTY EIGHT (48) GRAND PRIZE PRIZE(S):
[Fresh Acres Market Promotional Card]. Approximate Retail Value (“ARV”): $25
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
All prizes provided by: Fresh Acres Market
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
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.
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”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, 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 security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS 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 hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
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.