98KUPD – ‘SMASHING PUMPKINS – 1979 HOUSE PARTY’ FLYAWAY SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility:The 98KUPD – The Smashing Pumpkins ‘1979 House Party’ Flyaway Sweepstakes(the “Sweepstakes”) is open only to listeners who are 21 years or older and a permanent residence in Arizona, stationed at a military installation or be a valid full-time student registered at a campus, university or educational institution within the same area. Void outside of Arizona, and where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of Hubbard Radio Phoenix, LLC and its station KUPD, 1100 North 52ndStreet, Phoenix, Arizona, 85008 (the “Sponsor”), Live Nation Worldwide, Inc. (collectively, the “Prize Provider”), and Hubbard Radio, LLC, (collectively, the “Released Parties”), any radio, television or other media companies located in the Phoenix area, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Period: The Sweepstakes begins on May 14, 2018 at or about 10:00:00 AM Mountain Time (“MT”) and ends on June 3, 2018 at or about 11:59:59 PM MT (the “Sweepstakes Period”).
- How to Enter.To enter, visit 98KUPD.com(“Website”), and find the Contest page to find, complete and submit the online entry form to receive one (1) entry into the random drawing. Limit one (1) entry per person during the entire Sweepstakes Period. All entries must be received by 11:59:59 PM MT on June 3, 2018, to be eligible for the random drawing.
Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified at Sponsor’s sole discretion. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor.
- Random Drawing – One (1) Grand Prize winner will be selectedvia a random drawing from among all eligible entries received on or about June 4, 2018. Odds of winning depend on the number of eligible entries received. Winner will be notified by email or telephone on or about the day of the random drawing. Decisions of Sponsor are final and binding. Failure to respond to the winner notification within twenty four (24) hourswill be deemed forfeiture of the Prize and an alternate winner may be selected at Sponsor’s sole discretion, time permitting. Sponsor is not responsible for email notifications that are undeliverable or voicemail messages not received.
- Prize and Approximate Retail Value (“ARV”) – Trip includes admission for two (2) to attend the Smashing Pumpkins House Party (“Event”) in the greater Los Angeles, CA area scheduled to take place on June 28, 2018; round-trip, economy class air transportation for two (2) from the major airport nearest grand prize winner’s home within the Arizona to Los Angeles, CA departing June 27, 2018 and returning June 29, 2018; one (1) double occupancy standard hotel room for two (2) nights / three (3) days; round-trip shuttle transportation from the hotel to the Event; one (1) Yamaha guitar; and a $200.00 pre-paid cash card to use toward ground transportation. Guitar model, design and color to be determined at sole discretion of prize provider. Selection of airline, hotel, and airline seat locations are solely within Live Nation’s discretion. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Live Nation reserves the right to provide ground transportation in lieu of air transportation if the winner resides within two hundred (200) miles from concert venue. Winner and guest must be at least twenty-one (21) years of age and must abide by all venue policies. Live Nation reserves the right to revoke full or partial prize from any winner or winner’s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, or may bring Live Nation into disrepute. Winner will be required to provide a credit card to hotel to cover incidentals, which are not included in prize package. Travel must take place on the day prior to the Event and return the day following the Event. If winner is unable or unwilling to travel on the dates specified, the prize will be forfeited and may be awarded to an alternate winner. All travel subject to availability and restrictions. Winner and travel guest must travel on same itinerary. Winner and travel guest must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. government issued passport or a valid state-issued driver’s license, as applicable) required for travel. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the trip. Live Nation is not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of flight cancellation or delay. Live Nation, Sponsor and Artist are not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by the relevant airport authorities or misses a flight or other travel element. An unclaimed and/or unused prize element will remain the property of Live Nation. Resale of tickets is prohibited. Approximate Retail Value of the Grand Prize is: Two Thousand Seven Hundred Twenty Five Dollars ($2,725), depending upon winner’s point of travel origin and airfare fluctuations at the time of taking the trip. Any difference between stated approximate retail value and actual value of prize will not be awarded.The prize will be awarded only if the potential winner fully comply with these Official Rules. Prize consists of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner, but Sponsor may substitute the prize, or any portion thereof, for a prize of equal or greater value at Sponsor’s sole discretion for any reason. All local, state, and federal taxes on the Prize are winner’s sole responsibility. The winner is responsible for applicable taxes and fees. Winner must travel on dates specified by Sponsor or prize will be forfeited. Winner is responsible for all applicable taxes and fees. Taxes and fees are subject to change upon notice from Sponsor and are nonrefundable. Winner is responsible for charges incurred for winner name changes or trip cancellations. Winner and guest must travel on the same itinerary. Trips are nontransferable and not redeemable for cash. Additional air carrier baggage charges are the responsibility of the traveling passenger. Any optional service fees including ground transportation, seat selection, meals, and drinks are not included and are the responsibility of the traveling passenger. If the winner and his/her guests miss the initial flight as scheduled to Los Angelesthe winner will forfeit the prize. If the winner and/or his/her guests are not present for the designated return flight, he/she is solely responsible for his/her return flight to Phoenix. In the event the party is cancelled, the party will not be included as part of the prize and Sponsor shall not be responsible for any such cancellation. Guest must be at least 21 years of age or older. Grand Prize winner and guest will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. A 1099 form will be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winner accepts the Grand Prize, and even if the Grand Prize winner does not use the Grand Prize, he/she will be responsible for the applicable taxes.
The Winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable income taxes associated with accepting their Prize. Winner may be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize.
- Claiming the Grand Prize:Upon Grand Prize winner verification, as a condition of being named the official an official Grand Prize winner, the potentialGrand Prize winner must claim his/her prize in person at the 98KUPD Studios at 1100 North 52ndStreet, Phoenix, Arizona, 85008during regular business hours (9:00 a.m. – 5:00 p.m.; Monday – Friday) within twenty four (24) hoursof winner verification.Failure to comply with any deadline set forth in these official rules shall be deemed to be the winner’s forfeiture of his or her right to claim a Grand Prize. If required by Sponsor, a winner must prove he or she is a qualified winner by presenting identification acceptable to Sponsor (g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is a qualified winner, the Grand Prize will not be awarded. Any unclaimed prize remains the property of Sponsor.
- Participation Conditions/Release/Consent to use Likeness:By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s participation in this Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or 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, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prize described in these Official Rules will be awarded. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize.
- Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Arizona; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules (whether of State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.
- Official Rules/Winner’s List: For a copy of these Official Rules, see the Website.For the name of the Grand Prize winner, send a self-addressed stamped envelope by March 12, 2017, to: 98KUPD The Smashing Pumpkins ‘1979 House Party’ Flyaway Winner, 1100 North 52ndStreet, Phoenix, Arizona, 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD,1100 North 52ndStreet, Phoenix, Arizona, 85008.
This Promotion is in no way sponsored or administered by Live Nation Worldwide, Inc. All inquiries regarding the Promotion should be directed to Sponsor.