Win a Swag Bag from Metallica and Blackened Whiskey 2020 AMD Rules



Sweepstakes Name:Win a Swag Bag from Metallica and Blackened Whiskey

Station:WEND– FM (the “Station”)

Station Address: 801 Wood Ridge Center Drive, Charlotte, NC, 28217

Telephone:704 714 9444

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 acopy 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 801 Wood Ridge Center Drive, Charlotte, NC 28217 or visit the

List of Winner(s):For the name(s)of the winner(s)send a stamped, self-addressed envelope, to:iHeartMedia + Entertainment, Inc.,Win a Swag Bag from Metallica and Blackened Whiskeyat 801 Wood Ridge Center Drive, Charlotte, NC 28217

1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of North Carolina or South Carolina residing within the following counties: Alexander, NC; Anson, NC; Ashe, NC; Avery, NC; Burke, NC; Cabarrus, NC; Caldwell, NC; Catawba, NC; Cleveland, NC; Gaston, NC; Iredell, NC; Lincoln, NC; Mecklenburg, NC; Richmond, NC; Rowan, NC; Stanly, NC; Union, NC; Watauga, NC; Chester, SC; Chesterfield, SC; Lancaster, SC; York, SC; and (ii) who are 18 years of age or older at the time of entry (“Entrant”).(“Entrant”).  

The Sweepstakes is subject to all applicable federal, state, and local law and regulations.  

Void outside the state(s) of NC, SC(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 LimitsPer Station: 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.Sweepstakes begins onNovember30,2020at6:00:00 a.m. ET and ends at10:00:00a.m. ET onDecember 4,2020(“Sweepstakes Period"). The Sweepstakes Period includesfive(5) entry periods (each an “Entry Period”)comprised ofone(1) playtime each dayas set forth below: 

  1. Monday,November 30, 2020: listen between 6:00am ET and 10:00am ET/1 playtime
  2. Tuesday,December 1,2020: listen between 6:00am ET and 10:00am ET/1 playtime
  3. Wednesday,December 2, 2020: listen between 6:00am ET and 10:00am ET/1 playtime
  4. Thursday,December 32020: listen between 6:00am ET and 10:00pm ET/1 playtime
  5. Friday,December 4,2020: listen between 6:00am ET and 10:00pm ET/1 playtime

The Sponsor’s computer is the official time-keeping device for this Sweepstakes.


Entrant must be the selected caller and answer correctly to become a potential finalist, subject to verification (each a “Finalist”).  

On-Air Entry Method:

Entrant must be the selected caller to become a finalist and will be selected to participate in the Grand Prize Drawing, subject to verification (each a “Finalist”).  

BeginningNovember 30, 2020, listen to the participating Station weekdays between6:00:00 am ET and10:00:00am ET throughout the Sweepstakes Period for the cue to call in and be the selected caller to the designated Sweepstakes announced. Throughout the Sweepstakes Period, each Entry Period (as listed above) a “sounder” or cue to call will be aired at various times along with a message instructing listeners to call for a chance to become a Potential Finalist. The participating Stations may or may not choose to announce exact times the cues will be played.

  • The participant must be the designated caller, from all callers calling-in from participating Stations, to the phone number announced; the designated caller, if eligible, will be declared a potential Finalist. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential Finalist for that playtime.Listen to the Station for details on specific times to play. The dates and times of station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating stations, at their sole discretion may or may not choose to air all playtimes due to programming obligations and other factors. 
  • The Sponsor assumes no responsibility for entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion. 
  • WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and shouldcontact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays. 

The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause.Multiple entrants are not permitted to share the same email address.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. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received.All entries become the property of Sponsor and will not beacknowledged or returned. 

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 andyour prize (if any) will be forfeited; and (e) (when applicable) the potential winnerand/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.


Therewillbeatotalofone(1)randomlyscheduledplaytimeeachweekdayduringtheOn-AirEntryPeriod. Atotalofone(1)winner per designated cue to call-in playtime, subject to verification, shall be selected to win the prize as announced 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 immediately at the time of call-in. In the event that the potential Winner declines the prize or fails to provide signed affidavits or releases, such Winner will be deemed to forfeit the prize and Sponsor may, at its discretion, select an alternate Winner. 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 potential winner(s).

As a condition of participating in theSweepstakes, 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 theSponsorand agree to the terms herein, including but not limited to the prize conditions.The potential prize winner and may (inSponsor’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 selectan alternate winnerfrom among all remaining eligible entries, asdetermined by Sponsor in its sole and discretion. 


Prize Description:Blacked Whiskey Swag Bag including: tote bag, bandana, Yeti tumbler

ARV: $100

All Prizes Provided By:Q Prime

Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.

Winner(s) must present state authorized identification prior to being awarded the prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. 


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). 

If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. Conditions and restrictions may apply. The total approximate retail value ("ARV") of the Grand Prize will vary from contest to contest as determined by the Station; refer to each contest’s official rules for prize descriptions, value and conditions. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. All prizes must be picked up from the Station within 30 days of the contest end date unless otherwise stated or instructed at the time the winner is selected or unless required as in date specific prizes. Failure to do so may result in forfeiture of prize in its entirety. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. Winner agrees to accept all blackout dates, space availability requirements, etc. established by The Company’s prize partner(s), such as hotels, airlines, trains, ships, etc. Winner agrees that acceptance of any trip taken as a prize from The Company does so entirely upon their own initiative, risk and responsibility. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, the trip may be forfeited. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative prize winner or not to award that winner’s prize, in its sole discretion. Prizes must be picked up at The Company business office (801 Wood Ridge Center Drive, Charlotte, NC 28217) between the hours of 9AM and 5PM EST, Monday-Friday only, with the exception of special events or holiday hours as determined by the Company when appropriate.The Company business office will be closed on weekends and all major holidays.If you are picking up a prize for yourself, or as a proxy for other winners at The Company business office, you will be limited to picking up for no more than three (3) people total at any given time (per person, per household).If prizing arrives after the contest, the winner has 30 days from notification, or attempted notification, to pick up the prize.

For certain prizes which are date specific such as event or concert tickets, the Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the grand prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Sponsor. Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Company. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion.

Winner(s) must present state authorized identification matching the name they provided at the time of entering the contest, execute and return a clear and readable copy of the acceptance of rules and regulations form, a W-9 form, and present legal documents showing State residence and Social Security number, and any additionally required forms prior to being awarded the prize at The Company business office and/or mailed (where applicable).If a prize is mailed to a winner, the winner understands that The Company will send it via US Postal Service and is not responsible for lost, stolen, or misdirected mail, and that the prize cannot be replaced if it is not received by the winner.

If a winner cannot be contacted or is found to be ineligible or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.

5.TAMPERINGAND DELIVERY DISCLAIMER.(a) TheSponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who theSponsordetermines (in its sole discretion) is or is attempting to: (i) tamper with theSponsor’s website and/or any part of theSweepstakes; (ii) undermine the legitimate operation of theSweepstakesby cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, theSponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of theSponsor’s Website. (b) ANY ATTEMPTTO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THESPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THISSWEEPSTAKESMAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THESPONSORAND 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 THESPONSORAND 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 BREACHOF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THISSWEEPSTAKES.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. TheSponsordisclaims 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 Partiesare 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 theSweepstakes; (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 theSweepstakes;(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 theSweepstakes; (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 theSweepstakes; or (6) technical or human error which may occur in the administration of theSweepstakesor the processing of entries.

TheSponsorfurther reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify theSweepstakes, void any suspicious entries, rescind any prize, and/ordetermine absolute resolution, and/or an alternate method of conducting theSweepstakesand/or awarding the prize(s) at any time, for any reason, orif, in the sole discretion of theSponsor, it is impossible or impractical to complete or conduct theSweepstakesas 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 theSweepstakes,by any human error which may occur in the execution of thisSweepstakes, or any other causes which effect the operation of theSweepstakesor the rules of the integrity oftheSweepstakeshave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in theSweepstakesand/or(ii) stop or conclude theSweepstakesat any time without prior notice. Material changes to theOfficial Rules will be broadcast on-air, when practical.In the event of termination of theSweepstakesbySponsor,Sponsorreserves the right to award any prize(s) in a manner deemed fair and equitable bySponsor.

6.PUBLICITY.Except where prohibited,byaccepting a prize, winner(s) grant the Sponsorand 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’sname may be included in a publicly available winners list.

7.USE OF PERSONAL INFORMATION. TheSponsorwill retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that theseOfficialRules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, theSponsor’s Privacy Policy locatedhere.Entrant may have the opportunity to opt-into receive emails fromthird parties.In the event that entrantoptsinto anyavailable opportunitiesto receive information froma third party, that may or may not be associated with thisSweepstakes,entrantunderstands and acknowledges thathis/herinformationwill beprovidedto suchthird party andmaybe used bythe third party as set forth in the third party’sprivacypolicy. Any available opt-in opportunities are not required to enter theSweepstakes,and optingin will not improve your chances of winning.

8.RELEASES, CONDITIONS, ANDLIMITATIONS OF LIABILITY.By participating in theSweepstakes, each entrant agrees to release and waive any and all claims of liability against theSweepstakes Entitiesandany 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 theSweepstakes, 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 releaseeach of the Released Partiesfrom any and all claims in connection with theSweepstakesand 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 Section6prior 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 theaction, 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 theSweepstakesEntities’ sole control.Upon awarding the prize,theSponsorwill have no further obligation to winner.

9.TAXES.Any valuation of the prize(s) stated above is based on available information provided to theSponsor, and the value of any prize awarded to a winner may be reportedto the IRSas required by law.Each winner is solely responsible for reporting and paying any and allapplicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide theSponsorwith 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 theSponsorin a calendar yearwillbe issuedan IRSForm1099reporting the value of those prizes to the IRS.

10.CONDUCT AND DECISIONS.All decisions of theSponsorwill be final and binding on all matters relating to thisSweepstakes.Persons who violateany rule, gain unfair advantage in participating in theSweepstakes, or obtain winner status using fraudulent means will be disqualified.TheSponsorwill interpret theseRules and resolve any disputes, conflicting claims or ambiguities concerning the rules or theSweepstakesand theSponsor’s decisions concerning such disputes shall be final.If, for any reason, more bona fide winnersare notified than prize(s) available, prize(s) will be awardedin a random drawing from among allsuchpersons. 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 theSweepstakesto theSponsor’s and/or Station’s "discretion" and/or any exercise of discretion by theSponsoror Station shall mean inSponsor’s and/or Station’s "sole and unfettered discretion."TheSponsorfurther reserves the right toterminatetheSweepstakesif in its sole judgment, the rules or the integrity of theSweepstakeshave been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in theSweepstakes.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. Ifapplicable material changes to theSweepstakesrules will be broadcast on-airand available on-line at theStation’swebsite, when practical.TheSponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

11.BINDING ARBITRATION. Any controversy or claimarising out of or relating to theSponsorSweepstakes 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 applyTexaslaw 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,Sponsorwill pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its 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 norSponsorshall 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.Sponsorreserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding.Sponsordisclaims any responsibility to notify entrants of any aspect related to the conduct of theSweepstakes.As a condition of participating in theSweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtaincosts, judgments, orawards for, and entrant herebyknowingly and expresslywaives all rights to claimor seekpunitive, incidental, consequential,special,or any other damages, other than for actual, third-partyout-of-pocket expenses, and in such limitation, entrant further waivesany rights to have damages multiplied or otherwise increased;(b)any andalldisputes, claims, orcauses of action arising out of or connected with thisSweepstakes, 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 awardsshall be limited to actual out-of-pocket costsincurred(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 theSweepstakesconstitutes 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 LAWANDGOVERNING LAW.All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant andSponsorin connection with the Sweepstakes, shall be governed by, and construed in accordancewith, 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 Section11of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State ofTexas, in the City ofSan Antonio.

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