OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sweepstakes Name: The Golden23SM Sweepstakes(the "Sweepstakes")
Stations: See Appendix A (collectively the "Stations")
Station Address: 125 West 55th St. Manhattan, NY 10019
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. ("Sponsor"). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours, send your request by mail at iHeartMedia + Entertainment, Inc. at 125 West 55th St. Manhattan, NY 10019 or visit the website www.iheartradio.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., The Golden23SM Sweepstakes at 125 West 55th St. Manhattan, NY 10019.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal residents of the 50 United States and the District of Columbia and (ii) who are 18 years of age at the time of entry. Entrants will be competing with listeners from approximately two hundred five (205) radio stations in multiple markets across the United States.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void 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, including but not limited to Classic Journeys, LLC ("Classic Journeys") (collectively, the "Sweepstakes Entities"); individuals employed by any other affiliated radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
2. TIMING: Sweepstakes begins on July 18, 2018 at 9:00:00 a.m. ET and ends at 11:59:00 p.m. ET on August 9, 2018 ("Sweepstakes Period"). The Sweepstakes Period consists of twenty-three (23) individual daily periods (each a "Daily Entry Period"). A "Day" is defined as the twenty-four (24) hours between 12:00:00 a.m. ET and 11:59:59 p.m. ECT of the same day with the exception of the first day of the Sweepstakes Period which shall begin at 9:00:00 a.m. ET and end at 11:59:59 p.m. ET of the same day. Each Daily Entry Period will culminate in a random drawing (each, an "Approximate Drawing Date") specified in the chart below to select one (1) "Daily Winner" (or "Winner") from among all eligible entries received during that Daily Entry Period. Non-winning entries WILL roll over into subsequent Daily Entry Periods.
There will be a total of twenty-three potential Daily Winners, one per Daily Entry Period for the entire Sweepstakes Period.
The Sponsor's computer is the official time-keeping device for this Sweepstakes.
DAILY ENTRY PERIOD & DAILY DRAWING SCHEDULE
All eligible entries must be received between:
- Start/End Date and time (9:00:00 am ET to 11:59:59pm ET): July 18, 2018 Approximate Drawing Date on or about: July 19, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 19, 2018 Approximate Drawing Date on or about: July 20, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 20, 2018 Approximate Drawing Date on or about: July 23, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 21, 2018 Approximate Drawing Date on or about: July 23, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 22, 2018 Approximate Drawing Date on or about: July 23, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 23, 2018 Approximate Drawing Date on or about: July 24, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 24, 2018 Approximate Drawing Date on or about: July 25, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 25, 2018 Approximate Drawing Date on or about: July 26, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 26, 2018 Approximate Drawing Date on or about: July 27, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 27, 2018 Approximate Drawing Date on or about: July 30, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 28, 2018 Approximate Drawing Date on or about: July 30, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 29, 2018 Approximate Drawing Date on or about: July 30, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 30, 2018 Approximate Drawing Date on or about: July 31, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): July 31, 2018 Approximate Drawing Date on or about: August 1, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 1, 2018 Approximate Drawing Date on or about: August 2, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 2, 2018 Approximate Drawing Date on or about: August 3, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 3, 2018 Approximate Drawing Date on or about: August 6, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 4, 2018 Approximate Drawing Date on or about: August 6, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 5, 2018 Approximate Drawing Date on or about: August 6, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 6, 2018 Approximate Drawing Date on or about: August 7, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 7, 2018 Approximate Drawing Date on or about: August 8, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 8, 2018 Approximate Drawing Date on or about: August 9, 2018/ one (1) daily prize Winner
- Start/End Date and time (12:00:00 am ET to 11:59:59pm ET): August 9, 2018 Approximate Drawing Date on or about: August 10, 2018/ one (1) daily prize Winner
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
How to Enter: During the Sweepstakes Period, visit www.iheartradio.com/23andMe, and click on the entry form. If you do not have an iHeartMedia account, follow the prompts to set up an account and click the "opt in" box to receive promotional materials from 23andMe, Inc. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes. Limit: One (1) entry per person/email address/household during the Sweepstakes Period. For purposes of this Sweepstakes, a "Day" shall be defined as each calendar day, beginning at 12:00:00 am ET and ending at 11:59:59 pm ET on that same day, except for the first day of the Sweepstakes Period, July 18, 2018, which shall begin at 9:00:00 am ET. Entries must contain all information requested to be valid.
Upon completion of entry into the Sweepstakes, entrants may (i) also click on the social media button to like 23andMe on Facebook ("liking" directly on Facebook will not gain a bonus entry), (ii) follow 23andMe on Twitter, or (iii) subscribe to 23andMe's Instagram account. Entrants may also share a bonus entry link on Twitter and Facebook to invite Friends (each, a "Friend") to enter the Sweepstakes. Entrants will receive one (1) Bonus Entry for each Friend who subsequently entered the Sweepstakes through the Entrant's bonus entry link; and entrants will receive one (1) Bonus Entry into the Sweepstakes.
IMPORTANT: IN ORDER TO RECEIVE BONUS ENTRIES, THE FRIEND(S) WHO LEARNED OF THE SWEEPSTAKES VIA AN ENTRANT'S BONUS ENTRY LINK MUST ALSO BE ELIGIBLE AS PER THESE OFFICIAL RULES AND ENTER THE SWEEPSTAKES BY FOLLOWING THE STEPS FOR HIM/HER TO RECEIVE AN INITIAL ENTRY. IF A FRIEND WHO LEARNED OF THE SWEEPSTAKES VIA AN ENTRANT'S BONUS ENTRY LINK IS NOT ELIGIBLE OR DOES NOT ENTER THE SWEEPSTAKES BY FOLLOWING THE STEPS TO RECEIVE AN INITIAL ENTRY, A BONUS ENTRY WILL NOT BE AWARDED TO THE ENTRANT FOR THAT FRIEND. ENTRANTS SHOULD OBTAIN THE CONSENT OF ENTRANT'S FRIEND BEFORE INVITING THEM TO PARTICIPATE IN THE SWEEPSTAKES, IF CONSENT IS NOT OBTAINED PRIOR TO INVITING THEM TO PARTICIPATE IN THE SWEESTAKES, THEY SHALL BE DISQUALIFIED FROM PARTICIPATING.
Bonus Entries will NOT be provided if Sponsor determines, in their sole discretion, that (a) a Friend's email address or Social Media Profile is not valid; (b) the Friend's email address or Social Media Profile was not provided in accordance with these official Sweepstakes rules; or (c) another entrant who previously submitted an (initial) entry already received a Bonus Entry by inviting that Friend to enter the Sweepstakes.
You do not have to "Like" or "Follow us" to gain an entry. Entries and bonus entries together shall herein be referred to as "Entries." All eligible Entries must be received by 11:59:59 p.m. ET on August 9, 2018 to be eligible.
*If you are selected as a potential Daily Winner, you must submit your saliva sample to be genotyped and receive the 23andMe Ancestry Service OR have previously received Ancestry composition results from 23andMe, Inc. If you have not previously received 23andMe's Ancestry Service you will receive a complimentary 23andMe Ancestry Service kit ("Kit") from 23andMe, Inc. for you to use and return within five (5) business days after receiving it per the instructions in the Kit and 23andMe's Terms of Service. In order to be confirmed as a Winner and receive the prize, you must provide your saliva sample and register for 23andMe's Ancestry Service If you receive a complimentary 23andMe Ancestry Service Kit, you agree to not resell or redistribute the kit.
*If potential Daily Winner has not been previously received 23andMe's Ancestry Service by 23andMe and does not submit a saliva sample to 23andMe to receive the 23andMe Ancestry Service within the time allowed in these Rules or via any other communication from the Sponsor, whichever is later, for any reason whatsoever, including but not limited to returning the unused Kit to the Sponsor, or the Kit getting lost or stolen, such potential Daily Winner will be disqualified from the Sweepstakes.
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 stated limit are received. All Entries become the property of Sponsor and will not be acknowledged 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 are 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 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 to the Sweepstakes that participation may be required to be considered eligible.
3. WINNER SELECTION: There will be a total of twenty-three (23) potential Daily Winners for the entire Sweepstakes Period, one (1) per Daily Entry Period (Section 2 above). Odds of winning a prize depend on the number of eligible Entries received.
Potential Sweepstakes Winners are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their 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.
Daily Winner Notification: Each Daily Winner will be notified within twenty-four (24) hours of each Approximate Drawing Date, via e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Daily Winner doesn't respond to Sponsor's notification or does not accept the prize within 3 hours of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Daily Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Daily Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Daily Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential Winner(s), or (if the finalist or potential Winner is a minor) for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent.
If potential Daily Winner has not previously received 23andMe's Ancestry Service, he or she will receive a complimentary 23andMe Ancestry Service Kit from 23andMe, Inc. and will be instructed to register your Kit and provide your saliva sample to 23andMe, Inc. to receive the 23andMe Ancestry Service within five (5) business days after receiving the Kit in order for the potential Daily Winner to be considered to win the prize. If potential Daily Winner does not receive their Kit due to problems with the address or due to lost, stolen or postage due mail or if the Kit is otherwise undeliverable for any reason whatsoever, Sponsor will have the right in its sole discretion to disqualify such potential Daily Winner and select an alternate potential Daily Winner from among all remaining eligible Entries received for the applicable Entry Period. 23andMe, Inc. will provide the potential Daily Winner with instructions in the Ticket to contact the Sponsor's representative within five (5) business days of receiving their Ticket. Failure to contact the Sponsor's representative within five (5) business days may result in disqualification at Sponsor's sole discretion, with selection of an alternate potential Daily Winner. If potential Daily Winner has not previously received 23andMe's Ancestry Service and does not provide a saliva sample and register for 23andMe's Ancestry Service within the time allowed in these Rules or via any other communication from the Sponsor, whichever is later, for any reason whatsoever, including but not limited to returning the unused Kit to 23andMe, Inc., or the Kit getting lost or stolen, such potential Daily Winner will be disqualified from the Sweepstakes. Failure to contact the Sponsor via email within the time stated may disqualify the potential Daily Winner and he/she will forfeit any rights to any prize at Sponsor's sole discretion
As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a Winner, entrants must sign official waiver forms provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions.
Twenty-Three (23) Grand Prizes:
One (1) trip prize package ("Trip Package" or "Trip") will be awarded per Entry Period. Each Trip will be for one (1) Winner and one guest ("Guest") for up to five (5) nights and six (6) days. Each Winner will be awarded a Trip to at least one city in the world ("City") that is a part of a region that is included in Winner's 23andMe Ancestry Composition report ("Ancestry Results"). Winners may visit more than one City as long as all the Cities are a part of a region that is included in the Winner's DNA Test Results and the total cost of the Trip Package does not exceed $20,000 (total cost of the Trip Package as well as whether additional City/Cities are part of a region included in the Winner's Ancestry Results will be determined by Sponsor in their sole discretion). Sponsor and Classic Journeys have the right in their sole discretion to reject any City they feel is not safe to travel to or otherwise inadvisable to travel to for health, political or other reasons, including but not limited to a City in the following areas: Afghanistan, Central African Republic, Crimea region of Ukraine, Iran, Iraq, Libya, Mali, North Korea, Somalia, Sudan, South Sudan, Syria and Yemen. Winners must choose their primary City (from which any additional City/Cities included as part of Trip will be based) within five (5) business days from the date they receive their Ancestry Results, which must be approved by Sponsor. If primary City is not approved, Sponsor will ask Winner to select an alternate primary City that is a part of the Winner's Ancestry Results. Winner will be allowed three (3) alternate primary City selections; and, if none of these alternate primary City selections results in a primary City selection which is approved by Sponsor, the prize will be forfeited and an alternate Winner may be selected as set forth above. If Winner is not able to obtain all necessary travel documents in order to travel to the selected primary City or any additional City/Cities which are part of the region included in the Winner's Ancestry Results, Winner must select alternate City/Cities. (The procedure for selecting an alternate primary City is set forth above; selection of alternate additional City/Cities will be subject to approval of Sponsor based on the determination of primary City.) If the necessary travel documents are not available after travel arrangements have been made and paid for, Winner will not be able to take the Trip and Sponsor shall have no further obligation to such Winner. Once the primary City and any additional City/Cities are chosen and the Sponsor has approved them, Winner will only be able to make changes to the primary City and any additional City/Cities at Sponsor's sole discretion.
Each Trip will include round-trip coach airfare, transportation where applicable, up to five (5) nights' accommodations (one room/double occupancy), and up to 2 days of custom itineraries facilitated through Classic Journeys.
The winner will also receive $2,000 in spending cash to use toward the trip at their own discretion to cover meals, tours outside of custom itinerary, additional ground transportation, etc. Winner is solely responsible for the management and any spending decisions of the $2,000 and Sponsor and Classic Journeys have no liability whatsoever if such spending cash is lost or stolen.
In addition, each Winner will receive funds to assist with paying taxes which would be approximately 30% of the actual cost of the Trip not to exceed $6,000 (Total approximate retail value ("ARV") of each prize: $20,000). This amount has been calculated by Sponsor; but, Sponsor makes no representation or warranty of any kind that the funds so provided will satisfy all taxes incurred by Winner due to receipt and acceptance of the prize. Winner is solely responsible for paying all applicable local, state and federal income taxes assessed on their prize as further specified in Section 9.
Each Winner will work directly with Classic Journeys on their Trip Package and customized itineraries where applicable, with the understanding that the all travel is subject to availability and other restrictions. Each Trip must be booked within six (6) months from the date of Winner confirmation and travel must take place within one (1) year of the end of the Sweepstakes (on or before August 10, 2019). Each winner will be required to execute Classic Journeys' standard traveler/guest documents. Travel must be made through Sponsor's travel agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Winners will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV stated in these Official Rules for any reason whatsoever. If Winner decides to take the trip that is fewer than five nights and six days (or which does not include any additional City/Cities), he or she will not receive cash or any other form of compensation for days/nights not taken. No substitution, cash redemption or transfer of prize will be allowed, except with Sponsor's permission (which may be granted or withheld for any reason), except as otherwise indicated herein. Air transportation tickets are nonrefundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule of route changes. All travel arrangements for any given Trip Package must be made at one time. Once travel is booked, travel dates cannot be changed unless by Sponsor in its sole discretion. Winners are solely responsible for all other expenses not specified herein, including but not limited to meals/beverages, tips and taxes. Each Winner and his/her Guest are solely responsible for obtaining travel insurance and any and all necessary travel documents (valid photo I.D., credit card, Passport, visas etc.). Each Winner and his/her Guest must provide their own transportation to and from departure airport. Each Winner and his/her Guest must travel together on specified itinerary, including same departure date, destination and return date or Trip Package may be forfeited in its entirety. Each Winner and Guest assume the risk of any inherent or unforeseen dangers associated with travel. Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change, availability and Sponsor's approval. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of Winner and Guest. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. Sponsor will attempt to accommodate each Winner's preferred itinerary, but all specifics thereof will be at Sponsor's discretion. If any Winner and Guest cannot comply with these restrictions or any other portion of these Official Rules, their prize will be forfeited in its entirety and an alternate Winner will be chosen from among all eligible Entries received during the applicable Entry Period. Any picture identification requirements associated with air travel are each Winner's and Guest's responsibility. BY ACCEPTING PRIZE, WINNERS 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 RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Total Sweepstakes Approximate Retail Value ("ARV"): $460,000
Prize value may vary depending upon departure location and time of travel. Other restrictions may apply.
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, Classic Journeys. 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 Winners.
All prizes provided by: iHeartMedia + Entertainment, Inc.
Odds of Winning: The odds of winning the prize depend on the number of eligible Entries received.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED "AS IS" AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online Entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious Entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the Rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY. Except where prohibited, by accepting a prize, Winner(s) grant the Sponsor, 23andMe, Inc., Classic Journeys, and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each Winner's name may be included in a publicly available Winners list.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities, 23andMe, Inc. and any applicable third party fulfillment service, including Classic Journeys, and each of their respective employees and agents (collectively, the "Released Parties") from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, Winner(s) hereby agree: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) that where allowed by law, sign a publicity release confirming consent to use the Winner's name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities' sole control. Upon awarding the prize, the Sponsor will have no further obligation to Winner.
9. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a Winner may be reported to the IRS as required by law. Each Winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain Winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the Rules or the Sweepstakes and the Sponsor's decisions concerning such disputes shall be final. If, for any reason, more bona fide Winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor's and/or Station's "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor's and/or Station's sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the Rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible Entries received prior to termination. If applicable material changes to the Sweepstakes Rules will be broadcast on-air and available on-line at the Station's website, when practical. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys' fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant's fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the County of Santa Clara.
Appendix A – Participating Stations