The Breakfast Club’s Daily Bread Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. PROMOTION ENTRY PERIOD: The Breakfast Club’s Daily Bread Contest (the “Contest”) begins at 12:00:00 a.m. Eastern Time (“ET”) on May 26, 2022 and ends at 11:59:59 p.m. ET on June 3, 2022 (the “Contest End Date”) (collectively, the “Promotion Entry Period”). All entries must be received during the Promotion Entry Period. The Sponsor’s computer is the official time keeping device for this Contest.
2. ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older as of the date of entry. If a participant has not reached the age of majority in his/her primary state of residence as of the date of entry into the Contest (which is eighteen (18) years old in most states but is nineteen (19) years old in Alabama and Nebraska) (a “Minor”), then the participant must obtain parental consent in order to be eligible to enter the Contest. Parental consent occurs when the parent or legal guardian of a Minor grants permission for the Minor to participate and agrees on behalf of himself/herself and the Minor to these Official Rules. If you are not a legal resident of the United States or you are not the required age as of the date of entry, you are not eligible to participate in this Contest or to win a prize. It is strictly prohibited for anyone who does not meet the age requirement as of the date of entry to be allowed to participate in the Contest and in no situation shall anyone under the age of thirteen (13) be permitted to enter any contest at any time, under any circumstances. Subject to all applicable federal, state, and local laws and regulations. Void outside the United States and where prohibited or restricted by law. Individuals who have won a prize (or whose household has won a prize) from the Radio Show (as defined below) within one hundred eighty (180) days prior to the start date of the Contest are not eligible to participate or win. “Household” members shall mean people who share the same residence at least three (3) months a year.
Employees, contractors, officers, and directors of Premiere Networks, Inc. (the “Sponsor”) (a subsidiary owned and operated by iHeartMedia + Entertainment, Inc.), The Breakfast Club (the “Radio Show”), U.S. Bank, iHeartMedia + Entertainment, Inc., any affiliated promotional partners, any third party prize provider(s) and/or prize fulfillment service, each radio station contracted to broadcast the Radio Show, and each of the foregoing’s respective parent companies, subsidiaries, affiliates, divisions, suppliers, distributors, officers, directors, and each of their employees, talent, artists, volunteers, shareholders, contractors, agents, and advertising, promotional, and judging agencies (collectively, the “Contest Entities”), as well as members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win a prize. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
This Contest is sponsored and administered solely by the Sponsor. Any questions, comments, or complaints regarding the Contest must be directed to the Sponsor.
3. DESCRIPTION OF CONTEST/HOW TO ENTER: During the Promotion Entry Period, visit https://thebreakfastclub.iheart.com to register for the Contest by submitting the entry form with all required information. Participants will be asked to submit an essay.
Limit one (1) entry per person. Entries must contain all information requested and comply with all content submission requirements set forth herein to be valid.
ENTRY AND ELIGIBILITY GUIDELINES: All entries submitted must comply with the following guidelines.
ESSAY SUBMISSION CRITERIA: The Sponsor will not take submissions from a third (3rd) party. Proof of ownership may be required by Contest judges. Contest submissions must be submitted and received before the registration deadline.
·Entry submissions must be made by submitting an essay describing: why you deserve $1,000.00 to support your start up, business, side project, education, or passion.
· Must be written in English.
· Should not to exceed one hundred (100) words in length.
· Permitted format of the entry: Complete text field on entry form.
Submissions may or may not be read on-air.
All entries become property of the Sponsor and will not be returned. Entries must contain all information requested and comply with any and all applicable restrictions or requirements set forth herein to be valid. The Sponsor is not responsible for Entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, and other technological problems. The Released Parties (as defined herein) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete Entries or communications, regardless of cause. Multiple participants are not permitted to share the same email address or mobile phone number, as applicable. Should multiple users of the same email account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the participant, the authorized account holder of said email account or mobile phone account at the time of entry will be considered the participant. “Authorized account holder” is defined as the natural person who is assigned an email address or mobile phone number by an Internet access provider, online service provider, mobile telephone service provider or other organization which is responsible for assigning email addresses, mobile phone numbers or the domain associated with the submitted email address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the above stated limit will be declared ineligible. All entries become the property of Sponsor and will not be receipt acknowledged or returned. Sponsor’s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. Where applicable, one (1) prize per person/household.
By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third (3rd) 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 Contest that participation may be required to be considered eligible.
4. CONSUMER CREATED CONTENT REQUIREMENTS: As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest (including, but not limited to your submission).
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose likeness or name is used in the Content, and (g) that publication of the Content via various media including Web posting, will not infringe on the rights of any third party. Any such participant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any participant whose Content includes names or likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of persons, buildings, background artwork, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of participant as a winner. The Content submitted shall be 100% owned and controlled by the participant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor and the Contest Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Contest Entities, or developed by their employees, or obtained from sources other than you.
CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S SOLE DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and any other entities authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers), irrevocable right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the participant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
· Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;
· The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
· Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous or illegal activity;
· Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
· Content cannot be offensive, endorse any form of hate or hate group;
· Content cannot defame, misrepresent, or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the Radio Show, any of their respective products and/or services, or about any other people, products or companies;
· Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than participant’s;
· Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
· Content cannot contain copyrighted materials owned by others (including tattoos, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies, or other media) without permission (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the participant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, 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 Content and grant the rights herein granted to Sponsor and Contest Entities);
· Content shall not include any background artwork, unless it is an original work of the participant (any artwork, murals, etc. that can be seen in the Content must be created solely by the participant or participant must be the sole owner of all copyright interests therein);
· The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation, or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
· Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
· Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
· Content cannot depict, and cannot itself, be in violation of any law; and
· The Content must be socially acceptable and in good taste, as determined by the Sponsor in the Sponsor’s sole discretion.
By accepting a prize, the winner(s) agrees that his/her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title, and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
5. JUDGING/WINNER SELECTION: Throughout the Promotion Entry Period, the Sponsor and designated panel of judges will review the entries and select one (1) potential winner from all eligible entries received by 11:59:59 p.m. ET on the deadline date of the applicable date of the applicable Daily Selection Period set forth below, using the equally weighted criteria listed below. Non-winning entries will be carried over into each subsequent Daily Selection Period. ALL DECISIONS OF THE JUDGES WILL BE FINAL. In the event of a tie for any Daily Selection Period, tie-breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria.
·Persuasiveness using emotion of essay 33%
12:00:00 a.m. ET
11:59:59 p.m. ET
Approximate Winner Announcement Date
May 26, 2022
May 30, 2022
May 31, 2022
May 26, 2022
May 31, 2022
June 1, 2022
May 26, 2022
June 1, 2022
June 2, 2022
May 26, 2022
June 2, 2022
June 3, 2022
May 26, 2022
June 3, 2022
June 6, 2022
Winner(s) will be notified within one (1) day after the Contest judging, via email, and/or at Sponsor's discretion via telephone at the phone number provided during registration. The Sponsor is not obligated to and may not leave a voicemail, answering machine, or other message when contacting a potential finalist and/or winner. In the event a potential finalist and/or winner doesn't respond to Sponsor's notification or does not accept the prize within one (1) day of notification, the prize will be deemed forfeited and an alternate potential finalist and/or winner will be randomly selected, who will also be notified in the same method on the same day. In the event that any one (1) or more potential finalist(s) and/or winner(s) fails to respond as stated above, declines the prize, or fails to provide signed Affidavits or releases (as defined herein), such potential finalist(s) and/or winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate potential finalist(s) winner(s) from the remaining eligible participants in the same method. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion (up to a maximum of three (3) attempts), to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Contest.
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Official Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion of the Contest that participation may be required to be considered eligible.
Potential winner(s) is subject to verification, including verification of eligibility. If a participant is unable to verify his/her information, the participant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner or finalist (if applicable) in accordance with these Official Rules in the event that that any winner or finalist is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events. Notification is deemed to have occurred immediately upon placing of a telephone call or sending of an email or any other form of communication Sponsor may use to contact the finalists (if any) and/or a potential winner. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of participants. The Contest 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.
The potential winner(s) may collectively be referred to herein as “Winner” or “Winner(s)”.
6. PRIZE(S): FIVE (5) PRIZES: Each Winner will receive:
oOne (1) check in the amount of one thousand dollars ($1,000.00) made payable to the Winner (Approximate Retail Value (“ARV”): $1,000.00).
The total ARV of all prize(s) is $5,0000.00. Prize(s) provided by Sponsor.
Any difference between the estimated value of prize and the actual value will not be awarded to Winner. All prize(s) or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, Winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Contest Entities and will not be awarded, except as provided herein. The Sponsor reserves the right to substitute any portion of these prize(s) for a prize of equal or greater value. Prizing may be fulfilled by a third-party fulfillment company. The Sponsor and Contest Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Contest. The prize(s) are awarded if properly claimed according to the Official Rules and if there are sufficient eligible entries. The Sponsor does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prize(s), regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Winner(s). No transfer, assignment, change of the prize, or cash substitution is permitted except at the sole discretion of the Sponsor. If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate Winner, in its sole discretion. The Sponsor will host a maximum of three (3) alternate Winner selections after which an applicable prize will remain un-awarded. Unclaimed prize(s) will not be awarded. Other conditions and restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of the Winner(s). ALL PRIZE(S) ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prize(s) will be awarded.
7. RELEASE FORM: As a condition of participating in the Contest, participants agree and acknowledge that in order to receive a prize and be deemed a Winner, participants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The Winner(s) may (in Sponsor’s sole discretion) be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within seven (7) calendar days after the first (1st) delivery attempt to Winner’s email address in order for the Winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. A Winner’s failure to return all required forms within this time period may result in the Winner being disqualified and, in such event, the Sponsor may randomly select an alternate potential winner from among all remaining eligible entries, as determined by Sponsor in its sole discretion. The Contest Entities are not responsible for and shall not be liable for late, misdirected, or unsuccessful efforts to notify a finalist and/or Winner(s).
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online participant's ability to participate in the Contest; (2) any injury or damage to participant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in telephone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (6) technical or human error which may occur in the administration of the Contest 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 Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest 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 Contest 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 Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest and/or (ii) stop or conclude the Contest 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 Contest by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
9. PUBLICITY: Except where prohibited, by accepting a prize, Winner(s) grant the Contest Entities permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each Winner’s name may be included in a publicly available winners list.
11. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY: By participating in the Contest, each participant agrees to release and waive any and all claims of liability against the Contest Entities and any applicable third party fulfillment service, Twitter, Inc. and/or Instagram LLC, and each of their respective employees and agents (collectively, the “Released Parties”) from and against any and all liability, loss, or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, Winner(s) hereby agrees: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prize(s); and (ii) where allowed by law, sign a publicity release confirming consent to use the Winner’s name/likeness as set forth in Section 9 prior to acceptance of the prize. The Released Parties are not responsible or liable to any participant or Winner or any person claiming through such participant or Winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings (whether or not the action, regulations, order, or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to a Winner.
12. TAXES: Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a Winner may will be reported to the IRS as required by law. Winner(s) are solely responsible for reporting and paying any and all applicable federal, state, and local taxes related to prize acceptance and use not specified herein. Winner(s) must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning $600.00 or more in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of the prize(s) to the IRS.
13. CONDUCT AND DECISIONS: All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims, or ambiguities concerning the Official Rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide Winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each participant’s sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Sponsor’s and/or Radio Show’s "discretion" and/or any exercise of discretion by the Sponsor or Radio Show shall mean in Sponsor’s and/or Radio Show’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Contest if, in its sole judgment, the Official Rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest. In the event the Contest 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 Contest Official Rules will be broadcast on-air and available online at the Radio Show’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If, due to circumstances beyond the control of the Sponsor, any segment of the Contest is delayed, rescheduled, postponed, or cancelled, the Sponsor reserves the right, but not the obligation, to modify, suspend or cancel the Contest and shall not be required to award a substitute prize.
14. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
15. MISCELLANEOUS: Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These Official Rules are designed to be fair and equal to all participants. Odds of winning depend upon the number of eligible entries received during the Promotion Entry Period. Any Winner must submit proof of eligibility and sign the Sponsor’s Affidavit to claim the prize. The Sponsor may substitute prize(s), amend the Official Rules, or discontinue the Contest at any time as announced on the Radio Show. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Contest, or in the announcement of the Contest prize(s). All entries become the property of the Sponsor and will not be returned. As a condition of participating in the Contest, participants agree (and agree to confirm in writing) that: (a) under no circumstances will participant be permitted to obtain costs, judgements, or awards for, and participant hereby knowingly and expressly waives all rights to claim or seek, punitive, incidental, consequential, special, or any other damages, other than for actual third-party out-of-pocket expenses, and in such limitation, participant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every participant. Participation in the Contest constitutes participant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon participant’s fulfillment of all requirements set forth herein.
16. WINNERS LIST: For a winner list, where required by law, send a stamped, self-addressed envelope no later than ninety (90) days after the Contest End Date: The Breakfast Club’s Daily Bread Contest, 15260 Ventura Blvd., 5th Floor, Sherman Oaks, CA 91403.
17. JURISDICTION: By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 14 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
18. SPONSOR: Premiere Networks, Inc., 15260 Ventura Blvd., Sherman Oaks, CA 91403.