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 AN ENTRANT’S CHANCES OF WINNING.
Sweepstakes Name: Miller Lite Ultimate Guardians Giveaway (the “Sweepstakes”)
Station: WMMS (the “Station”)
Station Address: 6200 Oak Tree Boulevard – 4th Floor – Independence Ohio 44131
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 at iHeartMedia + Entertainment, Inc. at 6200 Oak Tree Boulevard – 4th Floor – Independence Ohio 44131
or visit the website www.WMMS.com
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Miller Lite Ultimate Guardians Giveaway at 6200 Oak Tree Boulevard – 4th Floor – Independence Ohio 44131
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of OHIO and (ii) who are 21 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 OHIO and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors, retail licensees 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.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
2. TIMING: Sweepstakes begins on Monday May 2 2022 at 12:00:01 [am] [EST] and ends at 11:59:00 [pm] [EST] on Sunday July 1 2022 (“Entry Period").
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER
How to Play: During the Entry Period, locate the official QR Code, found inside one of the participating Giant Eagle stores on sweepstakes related advertising materials (during store hours). Then, scan the QR code to be taken to www.WMMS.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). All entries received online must be received during the Sweepstakes Period. Any entry received after the Sweepstakes Period will not be valid and will not be deemed eligible.
0617 : Geneva Giant Eagle Supermarket
755 South Broadway Avenue
0621 : Ashtabula Giant Eagle Supermarket
2390 Prospect Avenue
0632 : Calcutta Giant Eagle Supermarket
15937 State Route 170
0645 : East Liverpool Giant Eagle Supermarket
619 Bradshaw Avenue
0664 : Salem Giant Eagle Supermarket
2401 East State Street
0204 : North Royalton Giant Eagle Supermarket
6000 Royalton Road
0208 : Legacy Village Giant Eagle Supermarket
25105 Cedar Road
0209 : Bedford OH Giant Eagle Supermarket
900 Northfield Road
0217 : Southland Giant Eagle Supermarket
6869 Southland Drive
0218 : Garfield Heights Giant Eagle Supermarket
5744 Transportation Blvd
0228 : Solon Market District Supermarket
34310 Aurora Rd
0230 : 117th & I90 Giant Eagle Supermarket
3050 W. 117th Street
0440 : South Euclid Giant Eagle Supermarket
4401 Mayfield Road
0465 : Brookpark Giant Eagle Supermarket
14650 Snow Road
1216 : Westlake Market District Supermarket
30275 Detroit Road
1263 : Edgecliff Giant Eagle Supermarket
15325 Edgecliff Avenue
1297 : Rocky River Giant Eagle Supermarket
22160 Center Ridge Road
1635 : Snow Road Giant Eagle Supermarket
1825 Snow Road
2108 : Berea Giant Eagle Supermarket
50 West Bridge Street
4086 : Strongsville Market District Supermarket
15919 Pearl Rd
4088 : Route 82 and I-77 Giant Eagle Supermarket
4343 Royalton Road
5810 : Fairview Park Giant Eagle Supermarket
21593 Lorain Road
5817 : Day Drive Giant Eagle Supermarket
7939 Day Drive
5830 : Beachwood Giant Eagle Supermarket
24601 Chagrin Blvd.
5831 : Lakewood Giant Eagle Supermarket
14100 Detroit Ave.
5836 : Mayfield Heights Giant Eagle Supermarket
6259 Mayfield Road
6359 : Watertower Giant Eagle Supermarket
27264 Lorain Road
6376 : Biddulph Plaza Giant Eagle Supermarket
6300 Biddulph Road
6388 : Parma-Broadview Rd Giant Eagle Supermarket
7400 Broadview Road
6414 : Southgate Giant Eagle Supermarket
5321 Warrensville Center Road
1238 : Vermilion Giant Eagle Supermarket
4453 Liberty Avenue
0203 : Chesterland Giant Eagle Supermarket
12692 Chillicothe Road
0515 : Tanglewood Giant Eagle Supermarket
8515 Tanglewood Square
4098 : Chardon Giant Eagle Supermarket
351 Center Street
4133 : Middlefield Giant Eagle Supermarket
15400 West High Street
0216 : Willowick Giant Eagle Supermarket
30320 Lakeshore Boulevard
1217 : Mentor on the Lake Giant Eagle Supermarket
6079 Andrew Road
Mentor On The Lake
1282 : Tyler & Center Giant Eagle Supermarket
8383 Tyler Blvd
4097 : North Madison Giant Eagle Supermarket
6556 North Ridge Road
6377 : Painesville Giant Eagle Supermarket
1201 Mentor Avenue
6381 : Willoughby Commons Giant Eagle Supermarket
36475 Euclid Avenue
0199 : North Ridgeville Giant Eagle Supermarket
34325 Center Ridge Road
0220 : Amherst Giant Eagle Supermarket
2201 Kresge Drive
0231 : Sheffield Village Giant Eagle Supermarket
5231 Detroit Road
1284 : Avon Lake Giant Eagle Supermarket
31990 Walker Road
6375 : Midway Mall Giant Eagle Supermarket
320 Market Drive
4018 : Boardman Giant Eagle Supermarket
476 Boardman-Canfield Road
4075 : Community Center Giant Eagle Supermarket
1201 Doral Drive
4078 : Austintown Giant Eagle Supermarket
5220 Mahoning Avenue
4119 : Poland Giant Eagle Supermarket
3130 Center Road
6384 : Churchill Commons Giant Eagle Supermarket
4700 Belmont Avenue
6385 : Canfield Giant Eagle Supermarket
525 East Main Street
4095 : Rootstown Giant Eagle Supermarket
4260 State Route 44
5863 : Streetsboro Giant Eagle Supermarket
1280 State Route 303
6348 : Ravenna Giant Eagle Supermarket
909 East Main Street
0648 : Canal Fulton Giant Eagle Supermarket
2275 Locust Street
1605 : Alliance Giant Eagle Supermarket
1800 W. State
1611 : Louisville Giant Eagle Supermarket
108 West Main Street
1618 : Hartville Giant Eagle Supermarket
907 West Maple Street
4034 : Raff Road Giant Eagle Supermarket
608 Raff Road, SW
4060 : Strip Giant Eagle Supermarket
6493 Strip Avenue N.W.
4152 : Massillon Giant Eagle Supermarket
2032 Lincoln Way East
4387 : Canton Giant Eagle Supermarket
3100 Cromer Avenue, N.W.
6378 : Washington Square Giant Eagle Supermarket
1955 East Maple Street
1041 : Niles Giant Eagle Supermarket
48 Vienna Avenue
1219 : Warren Plaza Giant Eagle Supermarket
2061 Elm Road
4051 : Howland Giant Eagle Supermarket
8202 East Market Street
4056 : Jamestown Giant Eagle Supermarket
2700 Mahoning Avenue N.W.
4016 : Bolivar Giant Eagle Supermarket
11031 State Rt. 212 - N.E.
4089 : Dover Giant Eagle Supermarket
515 Union Avenue
0229 : Brunswick Giant Eagle Supermarket
3440 Center Road
4601 : Wadsworth Giant Eagle Supermarket
825 Ambassador Drive
5839 : Medina Giant Eagle Supermarket
870 N. Court
0179 : Richfield Giant Eagle Supermarket
4428 Broadview Road
0224 : Twinsburg Giant Eagle Supermarket
8960 Darrow Road
1620 : Green Market District Supermarket
1700 Corporate Woods Parkway
4025 : Fairlawn Giant Eagle Supermarket
2775 West Market Street
4029 : Springfield Giant Eagle Supermarket
2801 East Waterloo Road
4030 : Tallmadge Giant Eagle Supermarket
205 West Avenue
4031 : Barberton Giant Eagle Supermarket
41 5th Street S.E.
4032 : Stow Hudson Giant Eagle Supermarket
1700 Norton Road
4036 : Portage Crossing Market District Supermarket
2687 State Road
4096 : Stow Kent Giant Eagle Supermarket
4300 Kent Road
4124 : Waterloo Road Giant Eagle Supermarket
484 East Waterloo Road
5861 : Montrose Giant Eagle Supermarket
3750 W Market Street
5878 : Howe Ave. Giant Eagle Supermarket
230 Howe Avenue
6299 : Macedonia Giant Eagle Supermarket
290 East Aurora Road
There is a limit of one (1) entry per person and/or verified email address per day for the duration of the Entry 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 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) 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 texts to the Sponsor. The Sponsor assumes no responsibility for entrants not receiving the short code as a result of the delays or issues in the Internet stream or otherwise.
3. WINNER SELECTION. Contest concludes on Friday July 1 2022.Friday May 13 2022, May 20 2022, May 27 2022, June 3 2022, June 10 2022, June 17 2022, June 24 2022 and June 24 2022 the Sponsor will randomly select one (1) potential Runner Up Sweepstakes winner. Tuesday July 5 2022 two (2) Grand Prize Sweepstakes winners will randomly be selected from among all eligible entries collectively received during the Entry Period. Odds of winning a prize depend on the number of eligible entries received.
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 of the last day of the Sweepstakes, 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 one (1) day 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), 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.
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. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, 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.
TWO (2) GRAND PRIZES WILL BE AWARDED
·SIX (6) Field Box tickets for a Cleveland Guardians game in August 2022 at Progressive Field. ($576.00)
·TWELVE (12) Uber promotional codes. ($180.00)
·TWELVE (12) Food and Beverage vouchers for use at Progressive Field. ($180.00)
·TWELVE (12) Merchandise vouchers for use at The Guardians Team Shop. ($180.00)
EIGHT (8) RUNNER UP PRIZES WILL BE AWARDED
RUNNER UP PRIZE:
·FOUR (4) Bleacher tickets for a Cleveland Guardians game in the 2022 season at Progressive Field.
Prize provided by – Beverage Distributors Inc.
GRAND PRIZE Value: $1116.00
RUNNER UP PRIZE Value: $68.00
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).
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 (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. 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.