Ray Fulcher Flyaway Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. PROMOTION ENTRY PERIOD: Ray Fulcher Flyaway Sweepstakes (the “Sweepstakes”) begins at 12:00:00 a.m. Pacific Time (“PT”) on June 13, 2022 and ends at 11:59:59 p.m. PT on June 19, 2022 (the “Sweepstakes End Date”) (collectively, the “Promotion Entry Period”). All entries must be received during the Promotion Entry Period. The Sponsor’s computer is the official time keeping device for this Sweepstakes.
2. ELIGIBILITY: Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least twenty-one (21) years of age or older as of the date of entry. If you are not a legal resident of the United States or you are not the required age as of the date of entry, you are not eligible to participate in this Sweepstakes or to win a prize. It is strictly prohibited for anyone who does not meet the age requirement as of the date of entry to be allowed to participate in the Sweepstakes and in no situation shall anyone under the age of thirteen (13) be permitted to enter any sweepstakes at any time, under any circumstances. Subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii, outside the United States, and where prohibited or restricted by law. Individuals who have won a prize (or whose household has won a prize) from the Radio Show (as defined below) within one hundred eighty (180) days prior to the start date of the Sweepstakes are not eligible to participate or win. “Household” members shall mean people who share the same residence at least three (3) months a year.
Employees, contractors, officers, and directors of Premiere Networks, Inc. (the “Sponsor”) (a subsidiary owned and operated by iHeartMedia + Entertainment, Inc.), After MidNite with Granger Smith and The Crook & Chase Countdown (together, the “Radio Show”), Black River Entertainment (the “Prize Provider”), iHeartMedia + Entertainment, Inc., any affiliated promotional partners, any third party prize provider(s) and/or prize fulfillment service, each radio station contracted to broadcast the Radio Show, and each of the foregoing’s respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, officers, directors, and each of their employees, talent, artists, volunteers, shareholders, contractors, agents, and advertising, promotional, and judging agencies (collectively, the “Sweepstakes Entities”), as well as 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 a prize. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
This Sweepstakes is sponsored and administered solely by the Sponsor. Any questions, comments, or complaints regarding the Sweepstakes must be directed to the Sponsor.
3. HOW TO ENTER: During the Promotion Entry Period, submit your entry by visiting http://www.AfterMidNite.com or http://www.CrookandChase.com and follow the Sweepstakes link to click on the entry form. Then, (i) review the submission guidelines and (ii) complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor). You may also find the registration page by using the keyword ‘contest’ on the Radio Show’s website.
Entries limited to one (1) entry per person per day (each a “Regular Entry”) for the duration of the Promotion Entry Period. A “day” shall be defined as each calendar day, beginning at 12:00:00 a.m. PT and ending at 11:59:59 p.m. PT on that same day. Incomplete and/or invalid or duplicate entries will be disqualified.
Upon completion of a Regular Entry into the Sweepstakes, participants may also click on the bonus entry buttons to (i) follow After MidNite on Instagram, (ii) follow After MidNite on Twitter, (iii) follow After MidNite on your iHeartRadio account, (iv) follow Crook & Chase on Instagram, (v) follow Crook & Chase on Twitter, and/or (vi) follow Crook & Chase on your iHeartRadio account (collectively, the “Action(s)”). No social media accounts are required to enter the Sweepstakes, and you do not have to “Like”, “Follow” or “Favorite” in order to gain an entry. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter, Inc. and/or Instagram, LLC.
Limit of up to six (6) bonus entries per person throughout the Promotion Entry Period, regardless of the bonus entity used. Note that these Actions MUST be done through the bonus entry buttons on the online entry form. If any of these Actions are taken through any other means, you will not receive a bonus entry for that Action.
Regular Entries and bonus entries together shall herein be referred to as “Entries”. All eligible Entries must be received during the Promotion Entry Period to be eligible.
Entries must contain all information requested and comply with any and all applicable restrictions or requirements set forth herein to be valid. The Sponsor is not responsible for Entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, and other technological problems. The Released Parties (as defined below in Section 10) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete Entries or communications, regardless of cause. Multiple participants are not permitted to share the same email address or mobile phone number, as applicable. Should multiple users of the same email account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the participant, the authorized account holder of said email account or mobile phone account at the time of entry will be considered the participant. “Authorized account holder” is defined as the natural person who is assigned an email address or mobile phone number by an Internet access provider, online service provider, mobile telephone service provider or other organization which is responsible for assigning email addresses, mobile phone numbers or the domain associated with the submitted email address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. 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. Where applicable, one (1) prize per person/household.
4. PRIZE DRAWING(S) / WINNER NOTIFICATION: On or about one (1) weekday after the Sweepstakes End Date, the Sponsor will randomly select one (1) potential Sweepstakes winner from among all eligible entries received during the Promotion Entry Period. Odds of winning a prize depend on the number of eligible entries received during the Promotion Entry Period.
Winner(s) will be notified within one (1) day after the Sweepstakes drawing, via email, and/or at Sponsor's discretion via telephone at the phone number provided during registration. The Sponsor is not obligated to and may not leave a voicemail, answering machine, or other message when contacting a potential finalist and/or winner. In the event a potential finalist and/or 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 potential finalist and/or winner will be randomly selected, who will also be notified in the same method on the same day. In the event that any one (1) or more potential finalist(s) and/or winner(s) fails to respond as stated above, declines the prize, or fails to provide signed Affidavits or releases (as defined below in Section 6), such potential finalist(s) and/or winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate potential finalist(s) winner(s) from the remaining eligible participants in the same method. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion (up to a maximum of three (3) attempts), 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.
By participating, you agree (a) to be bound by these Official 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 Official Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion of the Sweepstakes that participation may be required to be considered eligible.
Potential winner(s) is subject to verification, including verification of eligibility. If a participant is unable to verify his/her information, the participant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner or finalist (if applicable) in accordance with these Official Rules in the event that that any winner or finalist is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events. Notification is deemed to have occurred immediately upon placing of a telephone call or sending of an email or any other form of communication Sponsor may use to contact the finalists (if any) and/or a potential winner. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of participants. 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).
The potential winner(s) may collectively be referred to herein as “Winner” or “Winner(s)”.
5. PRIZE(S): ONE (1) GRAND PRIZE: One (1) Winner will receive a three (3) day/two (2) night trip for Winner and (1) guest (together, the “Attendees”) to attend a Ray Fulcher performance in Nashville, Tennessee over a future set of dates in 2022 (the “Event”) (collectively, the “Trip”) (Approximate Retail Value (“ARV”): $2,000.00). The Trip includes:
·Round trip coach air transportation for the Attendees from the major airport nearest the Winner's residence to the major airport nearest Nashville, TN (as determined by the Prize Provider in its sole discretion);
·Two (2) nights standard hotel accommodations (single room/double occupancy/room and tax only);
·Two (2) tickets for the Attendees to the Event (seating as determined by the Prize Provider in its sole discretion);
·The opportunity for a meet and greet for the Attendees with Ray Fulcher;
·A private tour for the Attendees at Sound Stage Studios in Nashville;
·A one hundred dollar ($100.00) Lyft credit;
·One (1) Black River Entertainment merchandise package.
The total ARV of all prize(s) is $2,000.00. Prize(s) provided by Prize Provider.
Winner(s) must complete and return an Affidavit (as defined below) before any prize will be awarded. Travel must take place by December 31, 2022 and is based on availability, travel restrictions, and blackout dates. Any other dates are not valid. If a Winner is unavailable for travel by the designated date, the Winner will be disqualified and the Sponsor reserves the right to select another Winner in its sole discretion and if time permits. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner’s guest must be twenty-one (21) years of age or older. Winner must use all prize components in a single visit. Winner may not substitute prize components. Winner or Winner’s guest must present a major credit card at check-in to guarantee any hotel charges not included in the prize. Actual value of the prize may depend on city of departure, travel dates, and other factors. Any difference between the estimated value of the prize and the actual value will not be awarded to a Winner. If actual value of the prize is less than the stated ARV, or the Winner and/or, if applicable, his/her guest(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 ARV, and such difference will be forfeited. Attendees must travel out of the same airport and on the same itinerary. Attendees are responsible for all necessary travel authorizations such as passports, visas, and/or government identification and for any travel insurance. Selection of airline and hotel are solely within Sweepstakes Entities’ discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Prize fulfillment may be coordinated with Winner(s) by a third party prize fulfillment service on behalf of Sponsor and/or Sweepstakes Entities. Meals and beverages, where applicable, incidentals, gratuities, phone calls, luggage fees, travel insurance, seating upgrades, airport and travel taxes, ground transportation before, during, and after the trip, and any and all other travel-related expenses not specifically mentioned herein are the sole responsibility of Attendees. Where applicable, if, in the judgment of the Sweepstakes Entities, air travel is not required due to Winner's proximity to the prize destination, ground transportation will be substituted for roundtrip air travel at the Sweepstakes Entities’ sole and absolute discretion. The difference in value will not be awarded to the Winner. If, for any reason, any part of the trip package is cancelled or shall become unavailable, postponed, or canceled, the Sweepstakes Entities shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, the Sweepstakes Entities will not be responsible for replacing that portion of the prize. The Sweepstakes Entities is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor or its designee. The Sweepstakes Entities are not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sweepstakes Entities is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the Winner, and are solely at the Winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, Winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert, or event venues etc. Attendees must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert, or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNER(S) 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 PRIZE 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 SWEEPSTAKES ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
The Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. The Sponsor reserves the right to substitute any portion of these prizes, including travel dates and destination, for a prize of comparable or greater value. The Sponsor and Sweepstakes Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. The prize(s) are awarded if properly claimed according to the Official Rules and if there are sufficient eligible entries. The Sweepstakes Entities do not make, and are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Winner(s). Attendees are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sweepstakes Entities have not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen, or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. No transfer, assignment, change of the prize, or cash substitution is permitted except at the sole discretion of the Sponsor. If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate Winner, in its sole discretion. The Sponsor will host a maximum of three (3) alternate Winner selections after which an applicable prize will remain un-awarded. Unclaimed prize(s) will not be awarded. Other conditions and restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of the Winner(s). ALL PRIZE(S) 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. No more than the advertised number of prize(s) will be awarded.
COVID-19 Release and Waiver: Winner understands and agrees that travel will be dangerous due to the Coronavirus (COVID-19) epidemic/pandemic and assumes any and all risks of illness or injury in conjunction therewith. Winner acknowledges that, notwithstanding the safety precautions taken by air carrier, hotel property, stadiums or other venues, and other providers of travel-related services, it is possible that he/she may still contract Coronavirus (COVID-19). Additionally, Winner understands and agrees that, in response to economic and/or social conditions engendered by the Coronavirus (COVID-19), Sponsor and/or Sweepstakes Entities may be compelled to modify or postpone or cancel the Trip. In all cases, Winner releases and agrees to hold harmless Sponsor (as well as the other Released Parties) from any and all liability in conjunction therewith and, in no event, shall Sponsor, (as well as the other Released Parties) have any liability in excess of the above-indicated ARV of the Trip.
The Attendees must conduct themselves at all times in a socially responsible, respectful, and appropriate manner including following all private guidance from a venue operator and other prize suppliers as well as governmental mandates intended and designed to prevent contracting and/or spreading COVID-19/Coronavirus; which may include but are not limited to maintaining social distancing, mask-wearing, testing, and may also include quarantine (if mandated).
6. RELEASE FORM: As a condition of participating in the Sweepstakes, participants agree and acknowledge that in order to receive a prize and be deemed a Winner, participants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The Winner(s) may (in Sponsor’s sole discretion) be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within seven (7) calendar days after the first (1st) delivery attempt to Winner’s email address in order for the Winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. A Winner’s failure to return all required forms within this time period may result in the Winner being disqualified and, in such event, the Sponsor may randomly select an alternate potential winner from among all remaining eligible entries, as determined by Sponsor in its sole discretion. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected, or unsuccessful efforts to notify a finalist and/or Winner(s).
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 participant's ability to participate in the Sweepstakes; (2) any injury or damage to participant’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 participants, 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 telephone 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 participant 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.
8. PUBLICITY: Except where prohibited, by accepting a prize, Winner(s) grant the Sweepstakes Entities 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.
10. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each participant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service, Twitter, Inc. and/or Instagram LLC, and each of their respective employees and agents (collectively, the “Released Parties”) from and against 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: (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 prize(s); and (ii) where allowed by law, sign a publicity release confirming consent to use the Winner’s name/likeness as set forth in Section 8 prior to acceptance of the prize. The Released Parties are not responsible or liable to any participant or Winner or any person claiming through such participant or Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings (whether or not the action, regulations, order, or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to a Winner.
11. 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 will be reported to the IRS as required by law. Winner(s) are solely responsible for reporting and paying any and all applicable federal, state, and local taxes related to prize acceptance and use not specified herein. Winner(s) 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 $600.00 or more in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of the prize(s) to the IRS.
12. 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 Official Rules and resolve any disputes, conflicting claims, or ambiguities concerning the Official 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 participant’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 Radio Show’s "discretion" and/or any exercise of discretion by the Sponsor or Radio Show shall mean in Sponsor’s and/or Radio Show’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if, in its sole judgment, the Official 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 participant 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 Official Rules will be broadcast on-air and available online at the Radio Show’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If, due to circumstances beyond the control of the Sponsor, any segment of the Sweepstakes is delayed, rescheduled, postponed, or cancelled, the Sponsor reserves the right, but not the obligation, to modify, suspend or cancel the Sweepstakes and shall not be required to award a substitute prize.
13. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the 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 New York 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 (60) 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 PARTICIPANT’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.
14. MISCELLANEOUS: Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These Official Rules are designed to be fair and equal to all participants. Odds of winning depend upon the number of eligible entries received during the Promotion Entry Period. Any Winner must submit proof of eligibility and sign the Sponsor’s Affidavit to claim the prize. The Sponsor may substitute prize(s), amend the Official Rules, or discontinue the Sweepstakes at any time as announced on the Radio Show. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes, or in the announcement of the Sweepstakes prize(s). All entries become the property of the Sponsor and will not be returned. As a condition of participating in the Sweepstakes, participants agree (and agree to confirm in writing) that: (a) under no circumstances will participant be permitted to obtain costs, judgements, or awards for, and participant 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, participant 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 participant. Participation in the Sweepstakes constitutes participant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon participant’s fulfillment of all requirements set forth herein.
15. WINNERS LIST: For a winner list, where required by law, send a stamped, self-addressed envelope no later than ninety (90) days after the Sweepstakes End Date: Ray Fulcher Flyaway Sweepstakes, 15260 Ventura Blvd., 5th Floor, Sherman Oaks, CA 91403.
16. JURISDICTION: By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York 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 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
17. SPONSOR: Premiere Networks, Inc., 15260 Ventura Blvd., Sherman Oaks, CA 91403.