The Woody Show’s After Hours Takeover Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE 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. PRIZE(S) MUST BE REDEEMED BETWEEN APRIL 14, 2019 AND APRIL 16, 2019.
1. PROMOTION ENTRY PERIOD: The Woody Show’s After Hours Takeover Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Pacific Time (“PT”) on March 11, 2019 and ends at 11:59:59 p.m. PT on March 17, 2019 (the “Sweepstakes End Date”) (collectively, the “Promotion Entry Period”). All entries must be received during the Promotion Entry Period. The Sponsor’s (as defined below) computer is the official time keeping device for this Sweepstakes.
2. ELIGIBILITY: Sweepstakes is open to legal residents of the forty-nine (49) United States and the District of Columbia (excluding Alaska) who are at least eighteen (18) years of age or older as of the date of entry. If a participant has not reached the age of majority in his/her primary state of residence as of the date of entry into the Sweepstakes (which is eighteen (18) years old in most states but is nineteen (19) years old in Alabama and Nebraska and twenty-one (21) years old in Mississippi) (a “Minor), then the participant must obtain parental consent in order to be eligible to enter the Sweepstakes. Parental consent occurs when the parent or legal guardian of a Minor grants permission for the Minor to participate and agrees on behalf of himself/herself and the Minor to these Official Rules. 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) shall 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, outside of 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 Sponsor (as defined below) within one hundred eighty (180) days prior to the start date of this Sweepstakes are not eligible to enter or win.
Employees of Premiere Networks, Inc. (the “Sponsor”) (a subsidiary owned and operated by iHeartMedia + Entertainment, Inc.), The Woody Show (the “Radio Show”), Disney Destinations, LLC (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 parents, subsidiaries, affiliates, officers, directors, and each of their employees, talent, artists, volunteers, shareholders, contractors, agents, assigns, and advertising agencies (collectively, the “Sweepstakes Entities”), as well as members of the immediate family of any such persons, are not eligible to participate and win. 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.
3. HOW TO ENTER:During the Promotion Entry Period, submit your entry by visiting http://TheWoodyShow.com and follow the Sweepstakes link to review the submission guidelines and complete all required information in the online entry form. Entries limited to one (1) entry per person per day (each a “Regular Entry”) during the Promotion Entry Period. A “day” begins at 12:00:01 a.m. PT and ends at 11:59:59 p.m. PT.
Upon completion of a Regular Entry into the Sweepstakes, participants may also click on the bonus entry buttons to (i) follow the Radio Show on Twitter, (ii) follow the Radio Show on Instagram, and (iii) favorite the Radio Show 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.
Limit of three (3) 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 are subject to any applicable restrictions or requirements listed herein. 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 participants are not allowed to use the same email address. Any attempt by a participant to acquire more than the sated number of entries by using numerous email addresses, registrations, identities, or any other methods will void that participant’s entries and that participant may be disqualified. The use of automated software or computer programs to register or enter the Sweepstakes is prohibited, and any individual who uses or attempts to use such methods to register or to enter will be disqualified. Incomplete and/or multiple entries will be disqualified. 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 service provider or other organization which is responsible for assigning email addresses, mobile phone numbers or the domain associated with the submitted email address. Valid entries must contain all information requested. Sweepstakes winner(s) will be selected from online entries only. Where applicable, one (1) prize per person/household. The Sponsor will not verify receipt of entries. By entering, participants acknowledge compliance with the Official Rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the participant.
4. PRIZE DRAWING / WINNER NOTIFICATION: On or about one (1) weekday after the Sweepstakes End Date, one (1) potential winner will be selected in a random drawing conducted by the Sponsor from among all eligible Entries received during the Promotion Entry Period. Odds of winning depend upon the number of eligible Entries received during the Promotion Entry Period.
The potential winner(s) will be notified by the telephone, mail, and/or email provided at registration on or about one (1) hour after winner selection and will be given three (3) calendar days to confirm receipt of notification. 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. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of participants. The Sponsor is not obligated to leave a voice mail, answering machine, or other message. If a potential winner cannot be contacted from the information provided on the entry form, is disqualified, or deemed ineligible, the Sponsor reserves the right to select another winner at its sole discretion and if time permits (up to a maximum of three (3) alternate winner selections). The alternate potential winner will also be notified in accordance with this paragraph.
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 at its sole discretion the right to not award the prize or to determine an alternate winner or finalist (if applicable) in accordance with the Official Rules in the event that that any winner or finalist has been disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
The potential winner(s) may collectively be referred to herein as “Winner” or “Winner(s)”.
5. PRIZE(S):ONE (1) PRIZE: The prize will consist of a three (3) day/two (2) night vacation for the Winner and one (1) guest (the “Guest”) (together, the “Attendees”) to the Disneyland® Resort in Anaheim, California (the “Resort”) between April 14, 2019 and April 16, 2019 (the “Vacation Package”) (Approximate Retail Value (the “ARV”): $2,868.00). The Vacation Package includes:
- Round trip coach air transportation for the Attendees between the major United States gateway airport closest to Winner's residence (“Departure Airport”) and Los Angeles International Airport (the “Arrival Airport”) (provided, however, if the Winner resides within one hundred fifty (150) miles of the Resort, air transportation will not be provided) (collectively, as determined by Sponsor in its sole discretion);
- Round trip ground transportation for the Attendees between the Arrival Airport and the Resort (provided, however, if Winner resides within one hundred fifty (150) miles of the Resort, ground transportation will not be provided (together, as determined by Prize Provider in its sole discretion);
- Room accommodations for the Attendees consisting of one (1) standard room (with a maximum of two (2) persons) for two (2) consecutive nights at a Resort hotel or Resort area hotel (as determined by Prize Provider in its sole discretion) checking in on April 14, 2019 and checking out on April 16, 2019 (single room/room and tax only);
- Up to two (2) 3-Day, 1-Park per day Disneyland® Resort tickets for the Attendees for admission to Disneyland® Park or Disney California Adventure® Park, but not to both Parks on the same day (subject to restrictions);
- Up to two (2) tickets (the “Event Tickets”) for the Attendees for admission to The Woody Show’s After Hours Takeover Party at Disney California Adventure® Park which will be held on April 15, 2019 beginning at approximately 9:30 p.m. until 1:30 a.m. on April 16, 2019 (the “Event”) (subject to restrictions); and
- Admission for the Attendees to a VIP reception to be held during the Event (all elements to be determined by Prize Provider in its sole discretion).
The total ARV of all prizes is $2,868.00. Prizes provided by Prize Provider and Sponsor. Winner must complete and return an Affidavit (as defined below) before any prize is awarded. Travel and lodging must be redeemed between April 14, 2019 and April 16, 2019 and is based on hotel/room availability, travel restrictions, and blackout dates. Any other dates are not valid.The Attendees must travel together on the same itinerary. Airline tickets must be booked through a travel agent designated by Prize Provider at least fourteen (14) days prior to arrival, as determined by Prize Provider in its sole and absolute discretion. Certain travel and lodging restrictions may apply. Exact travel dates and arrangements may be subject to availability whether specified or not. If a Winner is unavailable for travel on 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.
Once selected by Winner, a Guest cannot be changed without the express consent of Sponsor and Prize Provider, which may be withheld for any reason.A Minor Guest must be accompanied by his/her parent/legal guardian who must be at least the age of majority and the Winner. Any Minor Guest must be accompanied by the Winner at all times during the trip (including, but not limited to, in-flight, hotel stay, and all prize-related events and activities). If a Winner is the age of majority in his/her state of residence but is under twenty-one (21) years of age, he/she must be accompanied by a guest who is twenty-one (21) years of age or older.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 forfeits, does 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. If a Winner chooses not to bring a Guest, the Vacation Package will be awarded in increments suitable for the actual number of travelers with no substitute prize or compensation being provided to the Winner. Winners understand and agree that Sponsor and/or Prize Provider has the right, in its sole discretion, to disqualify and remove any Winner or Guest from any activity at any time if such person’s behavior at any point is disruptive or may or does cause damage to person, property or the reputation of Sponsor or Prize Provider, or otherwise violates the rules or policies of Prize Provider or the Resort. Each Winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of his/her Guest, as applicable, related to the prize(s) or any prize-related activity or travel.
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 Prize Provider’s discretion. Attendees must travel out of the same airport and on the same itinerary. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to possible layovers, flight variation, work stoppages, and schedule or route changes. Airline ticket fulfillment may be coordinated with a Winner by a third party prize fulfillment service and/or selected airline company on behalf of Sweepstakes Entities. If a Winner does not live in a city served by the selected airline company, he/she is responsible for transportation to the nearest airport served by the selected airline company, as determined by the Sponsor in its sole discretion.The Vacation Package will not include the following: airport departure fees and taxes, baggage fees, insurance (health, travel, medical), seating upgrades, parking fees (unless stated otherwise), hotel room service, laundry service, spa treatments, food or beverages, merchandise, souvenirs, incidental expenses, local or long distance telephone calls, tips, gratuities, service charges, Resort fees or any taxes, transportation between Winner’s residence and the Departure Airport, and any other charges not explicitly included herein are the sole responsibility of the Attendees. All elements of the Vacation Package (including, without limitation, the theme park tickets and Event Tickets) must be used by the Attendees on the same dates during the redemption of the Vacation Package. Any portion of the Vacation Package not accepted or used by Winner will be forfeited. A Winner may not charge any Guest for participating in the Vacation Package. Prizes are awarded "as is" with no warranty or guarantee, expressed or implied.
If, for any reason, any part of the Vacation Package is postponed, cancelled or shall become unavailable, 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 the 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 are not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and theme park attractions and entertainment are seasonal and subject to change without notice. Prize may not be used in conjunction with any other promotion or offer. 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 are 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 Sweepstakes Entities and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sweepstakes Entities prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Attendees must comply with all applicable laws, and any Official Rules and regulations established by the Sweepstakes Entities’ 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 Sweepstakes Entities reserve the right to substitute any portion of these prizes, including travel dates and destination, for a prize of equal 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 is 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 Sponsor and 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, Event Tickets or certificates will not be replaced or exchanged. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, separable, or redeemable for cash except in Sweepstakes Entities’ sole discretion. If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate participant, in its sole discretion. The Sponsor will host a maximum of three (3) alternate drawings after which an applicable prize will remain un-awarded. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of the Winner(s). ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (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 prizes will be awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern.
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) and, if a Winner is a Minor, the Winner's parent or guardian, will be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within five (5) calendar days after the first (1st) delivery attempt to Winner’s email address in order for the Winner to be qualified for the prize. A Winner’s failure to return all required forms within this time period may result in the Winner being disqualified and an alternate participant may be selected from all remaining eligible entries, as determined by the Sponsor in its sole discretion. Where applicable, any guest(s) of a Winner (or his/her parent or legal guardian if a guest is a Minor) must complete a Liability Release (including, where permitted, a Publicity Release) prior to booking of any travel. The Winner will be subject to a verification process, to include Winner’s name, address, home phone number, work/cell phone number, and social security number or taxpayer identification number. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected, or unsuccessful efforts to notify Winner(s) or for any late or misdirected Affidavits or if the Winner is a Minor, for late, misdirected, or unsuccessful efforts of Winner to provide signed parental or guardian consent. If the Winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the participant will automatically be disqualified and their prize will be forfeited and no alternative prize will be substituted.
The Sponsor, its employees and agents, the Sweepstakes Entities, prize provider(s), any applicable third party fulfillment service, and each of their respective parent, related, affiliated and subsidiary entities and their respective officers, directors, employees, agents, and assigns (collectively, the “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 Sweepstakes 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.
9. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each participant agrees (and agrees to confirm in writing) to release and waive any and all claims of liability against the Released Parties from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize or any prize-related activity, including any travel related thereto. By accepting the prize, Winner(s) hereby agrees: (i) to release the Released Parties from any and all claims in connection with the Sweepstakes and the award or use or misuse of the prize(s) and any prize-related activity; and (ii) where allowed by law, sign a publicity release confirming consent to use the Winner’s name/likeness as set forth above 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 (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 Released Parties sole control. Upon awarding the prize, the Sponsor will have no further obligation to a Winner.
10. TAXES: Any valuation of the prize stated above is based on available information provided to the Sponsor, and value of any prize awarded to a Winner will be reported for tax purposes as required by law. Winner(s) are solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. 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 prize(s) from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
11. 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 Winner(s) come forward seeking to claim the prize, an alternate participant may be selected in a random drawing from among all persons making purportedly valid claims for the prize. 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: (i) terminate or declare any Sweepstakes null and void and rescind any prize, 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; (ii) alter or amend these Sweepstakes Official Rules at any time; and/or (iii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Sweepstakes Official Rules will be broadcast on-air, 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.
12. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes (except if arising from any prize or prize-related activity) 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.
13. 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, judgments, or awards for, and participant hereby waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual out-of-pocket expenses; (b) all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, 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, excluding attorneys’ fees and court costs. Notwithstanding the Binding Arbitration Section above, all disputes arising out of or relating to any prize and/or prize related activity provided by Prize Provider shall be (i) resolved by applying the laws of California, without regard to conflict of laws provisions therein, (ii) resolved individually, without resort to any form of class action, (iii) limited to actual out-of-pocket costs incurred, but in no event to include attorney’s fees, and (iv) solely and exclusively brought in state or federal courts within Orange County, California. 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.
14.WINNER 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 to: The Woody Show’s After Hours Takeover Sweepstakes, 15260 Ventura Blvd., 4th Floor, Sherman Oaks, CA 91403.
15. 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 (except for any dispute relating to any prize and/or prize-related activity provided by Prize Provider), shall be governed by, and construed in accordance with, the laws of 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 the Binding Arbitration Section 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.
16. SPONSOR: Premiere Networks, Inc., 15260 Ventura Blvd., Sherman Oaks, CA 91403.