· NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Master Official Promotion Rules For All Contests, Sweepstakes and Giveaways Sponsored By Univision Radio, LLC
Effective Date: November 20 2024
· VOID WHERE PROHIBITED BY LAW.
· ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
· NOTE THAT THE SPECIFIC DETAILS ON HOW TO ENTER, DATES/TIMES OF ENTRY, PRIZING, AND METHOD FOR SELECTING WINNERS WILL VARY FOR SPECIFIC PROMOTIONS GOVERNED BY THESE MASTER OFFICIAL PROMOTION RULES. SEE PROMOTION ANNOUNCMENT FOR PROMOTION DETAILS.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION (DEFINED BELOW), PARTICIPANTS AGREE TO THESE MASTER OFFICIAL PROMOTION RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
INTRODUCTION Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest, sweepstakes or giveaway (each, a “ Promotion”) conducted by Univision Radio, LLC (hereinafter referred to as “ Sponsor”) (each, such individual is hereinafter referred to as a “ Participant”) agrees to be bound by the terms and conditions provided in these Master Official Promotion Rules (“ Master Rules”), as well as by the Sponsor’s interpretations of these Master Rules which are final and binding in all matters relating to any Promotion. Some Promotions will have specific rules that are in writing or otherwise announced on air that are developed for them (“ Specific Rules”). In the event there is a discrepancy or inconsistency between these Master Rules and the SpecificRules, the Specific Rules shall govern and control.
PROMOTION DESCRIPTIONS
All Promotions will be described through electronic, print or on-air advertising or promotion and governed by these Master Rules and, if the Promotion has Specific Rules developed for it, both the Master Rules and the Specific Rules will govern the Promotion.
ELIGIBILITY
Unless otherwise set forth in the Specific Rules, Promotions are open only to individuals who, as of the date/time of entry, are legal residents and physically located in one (1) of the fifty (50) United States, the District of Columbia or Puerto Rico, and who are at least eighteen (18) years of age or older. Please note that individuals who are legal United States residents but are physically located outside the United States are not eligible to enter or participate in the Promotion. Employees of Sponsor and each of Sponsor’s parent companies, affiliated companies, subsidiaries, and advertising and promotional agencies, and prize providers (collectively with Sponsor, the “ Promotion Entities”), their immediate family members and those living in the same household as such individuals (whether legally related or not), are not eligible to participate in the Promotion or to win a prize. The term “immediate family members” includes spouses, parents, grandparents, siblings, children, wards, grandchildren, and in-laws, regardless of where they live, and “those living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. .
EMPLOYER RESTRICTIONS
Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in Promotions. Participant may be disqualified from entering a Promotion or receiving prizes if Participant is participating in the Promotion in violation of his or her employer’s policies.
PROMOTION PERIOD / PRIZE TIMING PERIODS
The Promotion begins at a date/time specified by Sponsor and all entries must be received by a date/time specified by Sponsor in Promotion-related communications (the “ Promotion Period”); provided that, if applicable, the Promotion Period will be divided into separate Call Periods (if applicable, defined below) where Sponsor will announce the Cue to Call (defined below) and you must follow Sponsor’s Cue to Call to enter. Sponsor’s designated clock will be the official timekeeper for the Promotion.
HOW TO ENTER
Promotion entries may only be submitted as advertised or otherwise prescribed by Sponsor for the Promotion in any Promotion-related communication. Generally, the methods of entry will consist of one (1) or more of the following (but may include others not specifically described below): online entry, on-air entry or text message entry.
For Online Method of Entry: To enter the Promotion, during the Promotion Period, you must visit the Promotion website as communicated by Sponsor in connection with this Promotion. The website will contain a description of the Promotion and the official entry form. Each Participant will be asked to submit an official entry form, which may include, among other things, their full name, email address, phone number, zip code, and related registration information, as prompted. Participants must complete and submit the entry form with all required information for the entry to be eligible. By participating in the Promotion, you agree to be bound by Sponsor’s Terms of Service, https://www.univision.com/terminos-de-uso and consent to Sponsor’s Privacy Policy https://corporate.televisaunivision.com/aviso-privacidad/.
For On-Air Method of Entry: To enter, listen to Sponsor’s radio stations during the timeframe specified by Sponsor. Each such timeframe during the Promotion Period, at a time communicated by Sponsor, Sponsor will announce a cue to call (“ Cue to Call”) (each such period, a “ Call Period”). When you hear the Cue to Call, call Sponsor’s Promotion line immediately to try to be the selected caller by Sponsor. Sponsor will then randomly select a caller or select the designated announced specific number caller (e.g., 1st caller) that is in the call que to be a potential winner, subject to verification of eligibility and compliance with these Master Rules.
To qualify as a potential winner, you must be listening to the radio at the time the announcement is broadcast and you must be declared by Sponsor to be the selected person to call Sponsor’s Promotion line. Telephone calls will be taken by the Promotion operators in the order they are received, and the operators will count the number of calls received after each Cue to Call to determine the designated caller. The determinations of Sponsor and the Promotion operators will be final and binding in all respects.
Listeners accessing Sponsor’s radio station audio via IP connections like website-based streaming or mobile devices are welcome to enter. However, Sponsor cannot be responsible for delays in electronic transmission of station audio to IP devices. Listeners who may be listening via the Sponsor’s radio station stream on the internet: please be advised that a listener may be listening to a delayed stream of the radio signal, which may vary depending on the listener’s computer’s memory capacity and the speed of the listener’s internet connection and may be delayed by several minutes. For that reason, Sponsor strongly recommends that each listener turn on the radio to the Sponsor’s radio station to participate in any call-in promotion to be sure that the listener is participating in real-time. Promotion Participants should not rely on streamed broadcasts in order to participate and Sponsor assumes no responsibility for Promotion Participants not making timely phone calls to the Sponsor’s radio station as a result of the delays in the internet stream. By entering this Promotion, listeners acknowledge and agree to this specific provision of these Master Rules. In addition, Sponsor will not be responsible for loss of service to the Promotion line or for a Participant’s failure to reach the Promotionnumber due to malfunction of any network or system, congestion, any technical or human error, failures or malfunctions of any kind, including the congestion, overload, busy signals, or any other factor that may prevent an individual from completing their phone call. In the event of interruption of power or telephone service to Sponsor during a Call Period of the Promotion prior to accepting the designated caller, or a change in programming that results in Sponsor’s inability to air a Call Period opportunity, Sponsor will not replay the affected Call Period opportunity and the number of potential winners selected in this Promotion will be reduced accordingly. If a selected caller is ineligible or fails to comply with any term or condition of these Master Rules, that caller will be disqualified, and no potential winner will be selected during that Call Period. In the event of selections based on call-ins (to the selection of the "9th caller," etc.), Sponsor reserves the right to disqualify two (2) or more callers who appear to be “tied” and award the prize to the next caller. Callers may not place simultaneous calls on multiple phone lines. Sponsor may record and/or broadcast a Participant’s name, voice and the substance of all or any portion of the call. Except where prohibited by law, any call-in Participant acknowledges that such recording and use may occur and grants Sponsor permission to record and use such recording without any additional communication with and compensation to Participant.
For Text Message Method of Entry: To enter the Promotion, Sponsor will announce through announcements on-air or via web, text message, emailed message, social media or mobile app push notification , a short code that Participants must send a text message to. Participants must send a text message to the short code providing certain information, which may include, among other things, a Participant’s full name, email address, phone number, zip code, and related registration information. Participants must be a wireless service subscriber with a participating wireless carrier. You must enter and submit all information via text message for the entry to be eligible to win a prize in this Promotion. Standard text messaging rates will apply for each text message sent or received according to the terms and conditions of your service agreement with your wireless carrier, and Participants should contact their carriers for pricing details. Other charges may apply (such as normal airtime and carrier charges) and will appear on your cell phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Participants must use a mobile device capable of two (2)-way messaging. Participation in this Promotion by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Promotion, including to notify you if you are a potential winner in this Promotion, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions. Sponsor assumes no responsibility for any fees or charges associated with ant text message sent to or from Sponsor. For HELP, text “HELP” to the same short code number used to enter the Promotion. To STOP, text “STOP” to the same short code number used to enter the Promotion. Decisions of the Sponsor are final. Such decisions may include, but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Sponsor, and the order in which text message entries are received. By participating in the Promotion, Participants agree that the Sponsor may contact them, via phone or text message, at the telephone number from which the text message entry was received. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the Participant. By participating in a Promotion in which text message-based entry is permitted, Participants acknowledge that text messages are distributed and delivered through third-party providers; the Sponsor does not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry. Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the Participant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. Sponsor, through its third-party text messaging companies, will store all messages received on its system. Sponsor is not responsible for service outages, message failures, transmission delays, or any other factor affecting the availability or performance of the text messaging service.
For Call-To Actions Requiring Content Submission: As used herein, “ Submission” includes and refers to all information, content, and material submitted by Participants in connection with any Promotion (including, but not limited to, your entry submission). Submissions that do not meet the following “ Content Guidelines” are subject to disqualification and/or removal from the Promotion website (if applicable), each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
· Submissions must comply with these Master Rules and any Terms of Use posted on the Promotion website and meet all specifications or requirements called for on the Promotion website and other advertising for the Promotion.
· During the Promotion Period, Submissions cannot be displayed or distributed except by us and you must maintain all rights, without third party obligations, to transfer your Submission to us if you are selected as a winner.
· Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the Participant, or for which Participant has all rights required to comply with these Master Rules, and suitable for presentation in a public forum.
· Submissions must not have been submitted previously in any Promotion of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
· Except for materials in the public domain, Submissions must include only materials created by the Participant, or for which Participant has all rights required to comply with these Master Rules, and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Promotion and may subject you to liability. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
· Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Promotion website such as viruses, Trojan horses or other technologies that could adversely impact the Promotion, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
· Submissions should not reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual.
· Submissions may only include original music created and performed solely by Participant (i.e., songs must be composed, lyrics written and performed by Participant) or include music that we may provide you to use in your Submission. Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.
· Participant must have permission from any individuals that appear in his or her Submission (e.g., family members, friends or others).
· No background artwork should appear in the Submissions unless it is an original work of the Participant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the Participant or Participant must be the sole owner of all copyright interests therein.
· Participants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
Participant, upon submission of his or her Submission to the Promotion, irrevocably grants to Sponsor, and each of Sponsor’s licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Participants or any third party, except for the awarding of the prize to the winner in this Promotion. Participants agree that during the Promotion Period, they shall not make, and shall not permit, any other public use, display or distribution of the Submissions, and they shall maintain all rights without encumbrances so that, if Sponsor desires, Participants can assign all rights in and to Submissions if selected as a winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Promotion, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Promotion. Participants acknowledge that as a condition of participating in the Promotion and/or being selected as a winner, Sponsor may request that the Participants’s Submission, and any rights therein, be assigned to Sponsor and Participantsmay be required to confirm such assignment by completing and submitting the Prize Claim Documents (defined below) (and any other documents reasonably required by Sponsor) or such Participant will otherwise be disqualified from receiving his/her prize(s). Participants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Participants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Participants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Promotion website or elsewhere are available to be viewed by anyone with access to the Internet.
Each Participant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Participant acknowledges that Sponsor and other Participants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Participants for their Submissions and there is no obligation for any Promotion Entity to pay or otherwise compensate Participants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Promotion Entities’ only obligations to Participants regarding Submissions are as specifically set forth in these Master Rules. The decisions of the Sponsor are final and binding in all matters relating to this Promotion, including interpretation and application of these Master Rules. Participant, by participating in the Promotion, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from Participant at any time proof that Participant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Participant being disqualified from the Promotion.
By entering the Promotion, Participant represents and warrants that he or she has read, understands, agrees to and will follow the Master Rules. Participant further represents and warrants that his or her Submission and all materials and matter therein: (a) (except for elements that are within the public domain or are provided by Sponsor for inclusion in Submissions) are wholly original with such Participant and are not a copy or imitation of any other material or Participant has all necessary rights to grant the Sponsor the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights ( e.g., defamation, privacy, false light, moral right, etc.) or any property rights ( e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Participant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Master Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Participant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents. Sponsor reserves the right, in its sole discretion, to disqualify and/or not to post on the Promotion website any Submission that Sponsor determines does not comply with these Master Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the Participant to do so. Participant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, Participant represents and warrants that Sponsor’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such Participant has signed. Participant agrees to indemnify and hold the Released Parties (defined below) harmless from and against any third party claims, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by Participant in connection with his or her acceptance of these Master Rules or Promotion activities.
Unless set forth in the Specific Rules, there is a limit of one (1) entry per person will be accepted during the Promotion Period or per Call Period (if applicable). Using automatic telephone dialing equipment or other software or computer assisted dialing equipment to participate in the Promotion is prohibited and will result in disqualification. Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Promotion.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that Participant's entries and will result in Participant’s disqualification. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the Participant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic, or other automated means are void and may be disqualified. Incomplete, forged, altered, automated, mechanically reproduced, lost, late misdirected, garbled, or illegible entries will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor's Promotion application service provider. Participants who, in the view of Sponsor, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Promotion will be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the registered accountholder of the email address or phone number associated with the entry or other internet service provider (“ ISP”) account from which the entry was sent, provided that such person satisfies all other Promotion eligibility requirements. For these purposes, a “registered accountholder” shall mean the natural person assigned to an email address or phone number or other ISP account by the Internet access provider, online service provider, telephone service provider or other organization responsible for assigning email addresses, phone numbers or ISP addresses for the domain associated with an ISP account. Winner(s) may be required to show proof of being the registered accountholder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Master Rules or other instructions of Sponsor may be disqualified.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the registered accountholder shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Promotion. The Promotion Entities may run multiple campaigns, contests, sweepstakes, or other promotions simultaneously. Entry into one (1) campaign, contest, or sweepstakes does not constitute entry into any other. Sponsor is not responsible for service outages, connection speeds or other sources of delay in telephone and/or internet systems which may influence or affect the chances of winning a contest.
WINNER SELECTION, ODDS AND NOTIFICATION
Prize winners will be selected per the criteria announced for the Promotion. If the Promotion is a sweepstakes (chance-based selection of winner(s)), the potential winner(s) will be selected through a random drawing on or about a date specified by Sponsor in connection with the advertising for the Promotion or on-air immediately after a Call Period (if applicable) from all eligible entries received in accordance with these Master Rules. If the Promotion is a contest (skill-based selection of winner(s)), the potential winner(s) will be selected through the judging or other criteria specified by Sponsor on a data specified by Sponsor in connection with the advertising for the Promotion. Sponsor will have complete discretion over interpretation of the Master Rules, of administration of the Promotion, and of selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final. The description of prizes, the fulfillment, and award notification are described below.
Note that a Promotion may be occurring on all stations affiliated with Sponsor’s programming network, so entries may be received from throughout the country and winners agree that they may be contacted by telephone and the call recorded for potential use on air. All calls to Sponsor-radio stations are taped and may be aired on the radio without further permission.
If the Promotion is a sweepstakes, odds of winning a prize depend on the total number of entries received during the Promotion Period or, if applicable, each Call Period or as otherwise announced on the Specific Rules.
The potential prize winner(s) may be identified or notified using contact information provided or collected at the time of entry by any of email, telephone, mail, a post on the potentially winning entry, or through a direct message on a social media platform (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within forty-eight (48) hours of the first notification attempt, or if prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Potential prize winner and any guest (if applicable) will each be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “ Prize Claim Documents”). If a potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by Sponsor exigencies) or if the prize or prize notification is returned as rejected, faulty, unclaimed, or returned as undeliverable to such potential prize winner, potential winner may be disqualified and an alternate winner may be selected. If a potential prize winner is found to be ineligible, or if he or she has not complied with these Master Rules or Specific Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. Sponsor, in its sole discretion, may attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Persons traveling as a guest of the prize winner may also be required to sign any Prize Claim Documents. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in the prize winner’s state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Prize Claim Documents in order for the prize winner to be qualified to receive the prize winner’s prize. If a potential prize winner is found to be ineligible, or if the prize winner has not complied with these Master Rules, or if a potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Master Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. For sweepstakes, Sponsor will conduct up to three (3) alternate drawings, after which the prize will remain unawarded. Inclusion in such drawing shall be each Participant’s sole and exclusive remedy under such circumstances. The Promotion Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of a potential winner to provide signed parental or guardian consent. Unless impossible or impractical, prizes will be mailed to the winner within sixty (60) days after the winner is selected and announced on air or as otherwise detailed in the Promotion announcement.
The Promotion Entities are not responsible for false, incorrect, changed, incomplete, or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email or placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. Unless otherwise stated, all winners must respond to Sponsor’s notification to claim the prize within forty-eight (48) hours of notice or attempted notice. The Promotion Entities are not responsible for phone calls or electronic communications that are undeliverable as a result of issues with cellular or telephone network, of active or passive filtering of any kind, or insufficient space in Participant’s email account to receive email messages.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. THE DECISIONS OF SPONSOR ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT'S ELIGIBILITY. SPONSOR WILL NOT ACCEPT SCREENSHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
PRIZE(S)
Prize(s) Value: The actual prizes and approximate retail value (“ ARV”) of each prize will vary for each Promotion. Descriptions of prizes will be announced for each Promotion separately in the Specific Rules. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of advertising the Promotion and the date the prize is awarded or redeemed. If the actual retail value of prize differs from the advertised ARV, the prize winner will not be entitled to a check, cash or other form of payment for the price difference. Each confirmed winner will receive prize(s) as announced on any Promotion-related communication by Sponsor. Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Master Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner(s) with their prize, Sponsor may elect to provide the winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded. The Promotion Entities are not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is undeliverable or does not reach the winner(s) because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Promotion Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The total ARV of all of the prizes awarded in this Promotion will be communicated by Sponsor in connection with this Promotion. The Promotion Entities are not responsible for and winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in the Specific Rules or in any Promotion-related correspondence or material. Limit of one (1) prize per person or per Call Period (if applicable) for purposes of this Promotion; provided that only one (1) person per household may win any Promotion run by Sponsor within a ninety (90) day period.
If prize includes tickets/admission to any event: If, for whatever reason, the event associated with the prize is cancelled or modified after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled event. The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. Each winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. In the event a prize winner (and/or their companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate the applicable experience early. Decisions regarding the conduct of the winner(s) and guest (if applicable) in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winner(s) and guest(s) may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, they may be removed from any premises relating to the prize and winner consents to such removal.
If prize includes a personal appearance of a celebrity: The appearance of celebrities in connection with prize is subject to their availability and is subject to cancellation. If such individual(s) is unable to attend the event associated with the prize, Sponsor will make commercially reasonable efforts to replace such person with another celebrity guest(s). No compensation will be paid in lieu of a cancelled appearance as this portion of the prize has no cash value. Prizes will be fulfilled in a commercially reasonable time after the conclusion of the Promotion and electronic prizes will be delivered to the winner(s) via the email address provided by the winner at the time of entry or prizes will be mailed to the winner(s) at the mailing address provided by the winner at the time of entry.
If prize consists of a trip prize: Sponsor will award one (1) “ Trip Prize” consisting of travel and accommodations as communicated by Sponsor in connection with the Promotion. Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All travel arrangements must be made through Sponsor or Sponsor’s designee. Certain restrictions and blackout dates may apply. Each winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen.
Each Trip Prize winner and their travel companion (if applicable) must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of each Trip Prize winner and their companion to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Travel must be booked at least two (2) weeks prior to travel or within thirty (30) days after initial contact by Sponsor (whichever comes first) and all travel must be completed prior to the date communicated to you by Sponsor. If travel is not booked and completed by these deadlines, the Trip Prize will be considered forfeited. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. Each Trip Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Master Rules. The round trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to winner’s proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to a Trip Prize winner.
Sponsor 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 Trip Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities, or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to each Trip Prize winner at the time of Trip Prize notification. Trip Prize winner and companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Trip Prize winner may be required to provide a credit card at the time of hotel check-in. Companion of Trip Prize winner must be at least the age of majority in his or her state/province of residence as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he or she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen, or damaged airline tickets, travel vouchers, or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely each Trip Prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities, and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of each Trip Prize winner.
If prize involves attending any in-person event: BY ACCEPTING THE PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS OR HER PARTICIPATION IN THE PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES THEY ARE PARTICIPATING IN, AND THEY ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREE THAT THE COMPANY AND RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
No Warranty: Sponsor makes no warranties, and hereby disclaims all warranties, express or implied, concerning any prize furnished by third parties in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Taxes: Prize winner(s) will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. 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 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 of 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.
PUBLICITY
Subject to applicable law, each winner irrevocably grants to the Promotion Entities, and each of their licensees, and its and their successors, assigns, and sub-licensees, the right and permission to use the winner’s name, voice, likeness, and/or biographical material for advertising, promotional, and/or publicity purposes in connection with the Promotion, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice, or consideration, except for the awarding of the prize(s) to the winner(s).
TAMPERING WITH PROMOTION
The Promotion Entities are not responsible for the actions of Participants in connection with the Promotion, including Participants’ attempts to circumvent the Master Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Participant, as well as other possible consequences, including disqualification from any and all existing and future contests, promotions, giveaways and sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY PROMOTION WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Master Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
WAIVERS, DISCLAIMERS AND RELEASES
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THEPROMOTION, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (A) THE PARTICIPANT’S PARTICIPATION IN THE PROMOTION; (B) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, LOSSES, DAMAGES, OR INJURIES TO PARTICIPANT’S OR ANY OTHER PERSON’S EQUIPMENT OR OTHER PROPERTY, OR TO THEIR PERSONS, INCLUDING THOSE ARISING FROM ANY TRAVEL TO/FROM ANY PRIZE EVENT OR ACTIVITY); (C) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE PROMOTION OR ANY PRIZE; (D) THE RELEASED PARTIES’ ACTUAL OR ALLEGED VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, OR BASED ON ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (E) ANY TYPOGRAPHICAL, HUMAN, OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION, OR ANNOUNCEMENT OF ANY PROMOTION ACTIVITY AND/OR PRIZE. Without limiting the generality of the foregoing, Participants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Promotion and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Participants agree and that the Released Parties shall have no responsibility or liability for (i) discontinued prizes; (ii) human error; (iii) incorrect or inaccurate transcription of registration and/or account information; (iv) any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application, or any online service via the Internet due to hardware or software compatibility problems; (v) any damage to Participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion; and (vi) any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects, and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Participant further agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all liability resulting or arising from the Promotion and to release all rights to bring any claim, action, or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that may be sent along with a prize.
RELEASE OF LIABILITY
SUSPENSION/MODIFICATION/TERMINATION
In the event Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “ Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Promotion or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any Participant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Master Rules; or (iii) acting in an un-sportsmanlike manner. Should the Promotion be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
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AMENDMENTS
These Master Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor.
GOVERNING LAW AND LIMITATION OF LIABILITY
All issues and questions concerning the construction, validity, interpretation and enforceability of these Master Rules, any Specific Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Any questions, comments or complaints regarding the Promotion should be directed to the Sponsor.
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION
Dispute Resolution: The terms of this section apply to any and all disputes arising out of or related to a Promotion or any aspect of the relationship between you and Sponsor (the “ Parties”), including without limitation any and all claims based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, as well as any dispute arising out of or relating to interpretation or enforcement of these Master Rules or the Specific Rules (“ Claim(s)”), even if the actions or relationship giving rise to such disputes occurred prior to this version of the agreement. These dispute resolution terms do not apply to any dispute as to which you have personally initiated an action prior to the date last updated (“ Effective Date”) of this Agreement, or if required by law, thirty (30) days after notice to you.
Mandatory Pre-Dispute Resolution Process: The Parties agree that before they may initiate a legal proceeding against each other that they will engage in a good-faith effort to resolve any Claim at issue following the process set forth herein (the “ Pre-Dispute Resolution Process”). The Party asserting the Claim must notify the other party of the Claim by sending a written notice, including (1) the asserting party's full name, (2) the asserting party's address, email, and phone number, (3) a clear description of the Claim, and (4) a clear description of the specific relief requested. The notice to Univision shall be sent to: legalnotices@univision.net. Promptly following receipt of such notice, the Parties will confer, in person or via telephone or videoconference, to try to resolve the Claim informally. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if we are represented by counsel, our counsel may participate in the conference, but we agree to have a company representative fully participate in the conference. The statute of limitations shall be tolled while the Parties engage in the Pre-Dispute Resolution Process.
Commencing Claims: If the Parties are unable to resolve a Claim within sixty (60) days after receipt of a written notice pursuant to this provision, then the asserting party may pursue the Claim as otherwise set forth in this Agreement (an “ Action”). The Parties agree that the Pre-Dispute Resolution Process is a condition precedent that must be satisfied prior to filing any Action against the other party. Failure to comply with the Pre-Dispute Resolution Process shall be grounds for dismissal of the Action, and any Party that brings an Action without following the Pre-Dispute Resolution Process shall be required to pay any reasonable costs and fees of the other Party. To the extent permitted by law, any Action must be filed within one (1) year of the events first giving rise to the Action. If the Action is not filed within one (1) year, the party asserting the claim is permanently barred from pursuing that claim.
Class Action Waiver: The Parties agree that each Party may bring Claims against the other only in their individual capacity, and not as a class action, a mass action, representative litigation, or other collective action. Nothing in this Agreement shall prevent the Parties from settling or releasing Claims on a class, representative, or collective basis.
Jurisdiction and Venue: With the exception of an Action qualifying for, and filed in, small claims court, any Action arising from, relating to, or in connection with the Services or this Agreement will be brought exclusively in the federal or state courts located in Miami-Dade County, Florida, and the Parties irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that they will not seek to transfer such Action to any other forum or jurisdiction under the doctrine of forum non conveniens or otherwise.
PARTICIPANT’S PERSONAL INFORMATION
As a condition of entering the Promotion, each Participant gives consent for Sponsor to obtain and deliver the Participant’s name, address, and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. By participating in the Promotion, you consent to Sponsor’s Privacy Policy located at www.univision.com/global/politica-de-privacidad, which is hereby incorporated by reference. Any information submitted by or collected from any individual by Sponsor is subject to Sponsor’s Privacy Policy. Sponsor will retain the Participant's personal data for a reasonable period of time to enable it to send that Participant any prize that they have won and to verify that these Master Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Participant may have the opportunity to opt-in to receive emails from third parties. In the event that Participant opts into any available opportunities to receive information from a third party, that may or may not be associated with this Promotion, Participant understands and acknowledges that their information will be provided to such third party and may be used by the third party as set forth in the third party's privacy policy. Any available opt-in opportunities are not required to enter the Promotion, and opting in will not improve your chances of winning.
NO AFFILIATION OR ENDORSEMENT
All Trademarks, Service Marks, Trade Names, Trade Dress, Product Names, and Logos appearing in any Promotion are the property of their respective owners; use does not imply affiliation or endorsement.
LIST OF PROMOTION WINNERS AND COPY OF MASTER RULES
To receive a list of the winner(s), send a self-addressed, stamped envelope, within sixty (60) days of expiration of the Promotion Period, to: TelevisaUnivision, Inc., ATTN: Senior Paralegal, 500 Frank W. Burr Blvd., Teaneck, NJ 07666. For a copy of these Master Rules or any Specific Rules, send a self-addressed, stamped envelope to: TelevisaUnivision, Inc., ATTN: Senior Paralegal, 500 Frank W. Burr Blvd., Teaneck, NJ 07666. Please be sure to indicate which Promotion winners list or Specific Rules you are requesting by referencing the name of the Promotion in your request.
MISCELLANEOUS
The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Master Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Sponsor’s failure to enforce any term of these Master Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Master Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy, or terms of use on any website or application and/or the terms and conditions of the Master Rules, the Master Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
IDENTIFICATION OF SPONSOR
This Promotion is sponsored by Univision Radio, LLC, 500 Frank W. Burr Blvd., Teaneck, NJ 07666.