Hallo-Cruise with Victory Casino Cruises

posted by Brice Wilkerson - 

2018 OFFICIAL PROMOTION RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE A TICKET PACKAGE.

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF RECEIVING A TICKET PACKAGE.

*This promotion is available on a first come, first served basis and is only available while supplies last.  Once 400 individuals have requested a ticket package via the terms set forth below, the Promotion will end and there will be no more ticket packages available.*

THIS PROMOTION IS OPEN ONLY TO FLORIDA RESIDENTS AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN FLORIDA, IN THE UNITED STATES AT THE TIME OF ENTRY. Entrants must be available on October 27, 2018 to receive a ticket package.  No alternate dates are available.

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 THROUGH ALL WIRELESS CARRIERS.  TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION 2 BELOW.

Promotion Name:  Hallo-Cruise on Victory Casino Cruises

Station: WFKS-FM KISS 95.1/ WLRQ-FM Lite Rock 99.3

Station Address: 1388 S Babcock St, Melbourne, FL

Telephone: 321-821-7100

This Promotion is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”).   Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor. For a copy of these Official Promotion Rules, please visit the office of the Station during normal business hours or send your request by mail to iHeartMedia + Entertainment, Inc. at 1388 S Babcock St, Melbourne, FL.

1.         ELIGIBILITY.    This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Florida residing within the following counties: Brevard, FL; Flagler, FL; Lake, FL; Marion, FL; Orange, FL; Osceola, FL; Seminole, FL; Sumter, FL; Volusia, FL;  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 of Florida (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.

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.         DESCRIPTION OF PROMOTION/HOW TO ENTER.  The Promotion begins on Wednesday, October 10, 2018 at 12:00:00 a.m. Eastern Time (“ET”) and ends at 7:00:00 p.m. ET on Saturday, October 27, 2018 or while supplies last, whichever is sooner (“Entry Period").

How to Enter:  Starting at 12:00:00 am ET on October 10, 2018, submit the keyword/code “Victory” (“Code”) via one of the following methods:

(i)  Enter Code via Website: Visit the Station’s website at www.mykiss951.iheart.com or www.literock993.com and follow the Promotion links to submit the Code and complete the online registration (including all information requested) for the Promotion.  Valid Promotion entries must contain all information requested.

(ii) Enter Code By Text: Use your mobile phone to text the Code “Victory” to 96893.  You will receive at least one (1) autodialed text message in response to your entry. 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.

By entering the Promotion via text, you agree to receive up to 3 autodialed text messages per month for 1 month from iHeart Media about promotions, offers and promotions at the phone number provided.  You understand that your consent is not required and is not a condition of any purchase. Standard text message and data rates apply.  Not all carriers covered.  Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to 96893. To STOP, text “STOP” to 96893 (you will be sent a confirmation message).  You agree that your text entry constitutes your signature.

Entry will only be available during the Entry Period (which may end earlier than the October 27, 2018 date if 400 individuals submit the Code before October 27, 2018). The exact date and time your Code is submitted will be determined by Station and Sponsor in their sole discretion.

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 during the Entry Period. Incomplete, invalid, multiplicative, or duplicate entries will be disqualified.

By participating in the Promotion, entrants agree that the Station may contact them in connection with the Promotion, 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 Promotion 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 a Code shall not be deemed proof of submission or receipt by the Sponsor or time that the Code was submitted. The Sponsor’s computer will be deemed the official time keeping device for the Promotion. The Sponsor assumes no responsibility for entrants not timely submitting the Code (via either entry method).  Entry by sending a text message will not improve your chance of receiving a ticket package.

3.         TICKET PACKAGE RECIPIENTS.  The first four hundred (400) individuals to submit a Code will, upon verification, each receive a ticket package, which includes: (i) a boarding pass for the recipient and one (1) guest on the 7:00 pm sailing on a Victory Casino Cruise on October 27, 2018 (from Port B 2, 180 Christopher Columbus Drive, Cape Canaveral, FL 32920) (“Cruise”); (ii) two (2) buffet passes on the Cruise;  and (iii) two (2) $10 slot play vouchers.  Cruise sails from Port Canaveral no later than 7:00pm and returning at approximately midnight.  Guest must be 21 years of age (or older) as of October 26, 2018.

Potential ticket package recipients are 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 ticket package, if any, will be forfeited.

The potential ticket package recipients will be notified via a bounce back text at the phone number provided during entry.  Notification is deemed to have occurred immediately upon placing of the bounce back text. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Promotion Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a ticket package recipient. If the potential ticket package recipient does not claim the ticket package within the appropriate time given upon, the entrant will automatically be disqualified and their ticket package will be forfeited.

  • As a condition of participating in the Promotion, entrants agree and acknowledge that in order to receive a ticket package, entrants may be required to sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the Cruise conditions. The potential ticket package recipient  may 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, unless otherwise stated herein or at the time of notification. The potential ticket package recipient’s failure to return all required forms within this time period may result in such individual being disqualified.

Ticket Package Conditions: Approximate Retail Value (“ARV”) per ticket package: $80. No more than 400 ticket packages shall be awarded. The ticket package is subject to certain terms and conditions as specified herein. Ticket packages may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Ticket package details and availability are subject to change. Sponsor is not the supplier or guarantor of any ticket package or Cruise. Ticket package and Cruise may be fulfilled by a third party fulfillment Sponsor. The ticket package will only be awarded if properly claimed according to the Rules. All costs and expenses related to the ticket package acceptance, the ticket package, and/or ticket package use not specified herein as being provided are the sole responsibility of recipient(s), including without limitation, travel to and from the Cruise embarkment/disembarkment location.

All ticket packages provided by: Victory Casino Cruises Port B 2, 180 Christopher Columbus Drive, Cape Canaveral, FL 32920

Any difference between stated approximate retail value and actual value will not be awarded.  Meals, gratuities, incidental charges and any other travel-related expenses not specified herein are the sole responsibility of recipient and guest. Cruising must take place on October 10, 2018 and is subject to schedule and availability, alternative Ticket Package/Cruise dates will not be provided.  If a recipient is unavailable for to board the Cruise on the designated dates, the ticket package will be forfeited.  Recipient and guest must have all necessary identification for Cruise (e.g., a valid U.S. driver’s license) Cruise tickets are non-refundable/non-transferable and are not valid for upgrades. All Cruise tickets are subject to variation, work stoppages, and schedule or route changes. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the cruise line, accommodation, venue operators, transportation companies, item providers or any other persons providing any related services. Additional ticket package may be provided at the time of notification. Lost, stolen or damaged Cruise tickets or certificates will not be replaced or exchanged. Unclaimed ticket packages and Cruise ticket(s) will not be awarded. Certain travel restrictions. If, for any reason, any part of the ticket package is canceled or shall become unavailable,  postponed or canceled, the Sponsor shall have no further responsibility for that item and the ticket package will be awarded without the inclusion of the item. The Sponsor is not responsible for any Cruise delays, cancellations or difficulty.  If delays, cancellations or difficulty prevent Cruise from cruising as described, the Sponsor is not responsible for awarding any compensation in lieu thereof. All vouchers and tickets must be redeemed as stated in these Official Rules. Failure to collect or properly claim any item in accordance with these Official Rules will result in forfeiture of the item. Recipients agree to accept all space availability requirements, and other Cruise requirements, etc. established by the Sponsor’s partner(s). Recipient and guest must comply with all applicable laws, and any rules and regulations established by the Sponsor’s partner(s), if any; such as ship venues etc. Ticket package recipients agree that acceptance of any item is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING A TICKET PACKAGE, RECIPIENT 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 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.

Vouchers and buffet passes are subject to terms, conditions and restrictions as set by issuer. * The voucher card and buffet pass cannot be redeemed for the purchase of any item. Except as required by law, such voucher cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any voucher or pass is lost, stolen, destroyed or used without permission. If a voucher or pass is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion.

Conditions and restrictions may apply. Limit: One (1) ticket package per person/household.

4.         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 Promotion; (ii) undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS PROMOTION. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of 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 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 Promotion; (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 Promotion; (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 Promotion; (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 Promotion; or (6) technical or human error which may occur in the administration of the Promotion 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 Promotion, void any suspicious entries, rescind any ticket package, and/or determine absolute resolution, and/or an alternate method of conducting the Promotion and/or awarding ticket packages 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 Promotion 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 Promotion, by any human error which may occur in the execution of this Promotion, or any other causes which effect the operation of the Promotion or the rules of the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Promotion and/or (ii) stop or conclude the Promotion 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 Promotion by Sponsor, Sponsor reserves the right to award ticket package(s) in a manner deemed fair and equitable by Sponsor.

Text message entries must meet all requirements set forth herein in order to be eligible. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Sponsor makes no guarantee that any particular wireless service provider will participate. To enter by text, the mobile phone that 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 Promotion, based on the applicable wireless service pricing plan. By texting to enter, the entrant grants permission to the Sponsor to notify them via a return text messages relating to the Promotion and must agree to accept all applicable charges associated therewith. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. 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 by text message, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Sponsor nor Station guarantee, nor shall either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Promotion 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 Promotion throughout the Entry Period and up to 60 days. The Sponsor is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsor may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if that entry's source and sender cannot be reasonably determined. BY TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA ONE (1) RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. Standard text and data rates apply to any messages received.

5.         PUBLICITY. Except where prohibited, by accepting ticket packages, recipients 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.

6.         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 item they have received 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 ticket package. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Entrant may have the opportunity to opt-in to receive emails from c third parties. In the event that entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Promotion, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.  Any available opt-in opportunities are not required to enter the Promotion, and opting in will not improve your chances of receiving a ticket package.

7.         RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Promotion, each entrant agrees to release and waive any and all claims of liability against the  Promotion 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 Promotion, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any ticket package, including any travel related thereto. By accepting the ticket package, recipient(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Promotion and the award or use of the ticket packages; and (ii) where allowed by law, sign a publicity release confirming consent to use the recipient’s name/likeness as set forth in Section 5 prior to acceptance of the ticket package. The Released Parties are not responsible or liable to any entrant or recipient or any person claiming through such entrant or recipient for failure to supply the ticket package 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 Promotion Entities’ sole control. Upon awarding the ticket package, the Sponsor will have no further obligation to recipient.

8.         TAXES. Any valuation of the item(s) stated above is based on available information provided to the Sponsor, and the value of any item awarded to a recipient may be reported to the IRS as required by law. Each recipient is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to ticket package acceptance and use not specified herein. Recipients may be required to provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any item will be awarded.

9.         CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Promotion. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain a ticket package 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 Promotion and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more than 400 individuals are notified than ticket packages available, ticket packages will be awarded in a manner it deems fair and just. 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 Promotion 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 Promotion if in its sole judgment, the rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Promotion. In the event the Promotion is terminated, Sponsor will award the ticket packages in a manner it deems fair and equitable.  If applicable material changes to the Promotion 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.

10.        BINDING ARBITRATION.  Any controversy or claim arising out of or relating to the Sponsor Promotion 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

11.        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 Promotion. As a condition of participating in the Promotion, 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 Promotion, or any ticket package 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 Promotion constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Receiving a ticket package a ticket package is contingent upon entrant’s fulfillment of all requirements set forth herein.

12.        COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, 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 10 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.

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