98KUPD “DESCHUTES DITCH DAY” 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 – Deschutes “Ditch Day” Sweepstakes (the “Sweepstakes”) is open only to listeners who are 21 years of age or older with 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, 1100 North 52nd Street, Phoenix, Arizona, 85008 (the “Sponsor”), Anheuser-Busch (“Promotional Participant”), Sunrise Resort, Action Ride Shop, AZ Snowbowl, 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 January 30, 2017, at or about 10:00:00 AM Mountain Time (“MT”) and ends on February 10, 2017 at or about 5:00:00 PM MT (the “Sweepstakes Period”).
- How to Enter to become a Qualifier. There are four (4) ways to enter the Sweepstakes:
- Online: To enter via this method, visit 98KUPD.com, (“Website”) during the Sweepstakes Period, find and select the Contest page where you will find, complete and submit the online entry form to receive one (1) entry into the random drawing. All Website entries must be received by 5:00:00 PM MT on February 10, 2017, to be eligible for the random drawing which will occur on or about February 10, 2017 after 5:00 PM MT where there will be one (1) Grand Prize winner selected from among all online eligible entries received via this method of entry. Odds of winning via the Website method of entry depend on the number of eligible entries received; or
- On-Air: To win via this method, you must listen to Larry McFeelie on 98KUPD during the Sweepstakes Period each weekday between 10:00 AM MT and 2:00 PM MT, when Larry will ask for a specified number caller (e.g., 5th caller, 8th caller, etc.). Upon hearing the call-in prompt, the eligible listener to reach the Station by calling 260.9800 will be deemed a Grand Prize winner, for a total of 19 Grand Prize winners via this method of entry. Odds of becoming a Grand Prize winner via this method of entry depend on the number of listeners calling when Larry asks for the specified number caller. Note that webcasts of Station’s programming are typically on a delayed basis, which may affect participation in this portion of the Sweepstakes. Sponsor will not accept collect calls. Sponsor is not responsible for telephone line unavailability, busy signals on the Sweepstakes line, operator interference, technical or atmospheric conditions that disrupt the completion of the phone call, telephone system malfunctions, or any other telephone problems which may or may not result from this Sweepstakes; or
- Retail Location: To enter via this method of entry, look for the 98KUPD Deschutes Ditch Day ballot box at Action Ride Shop located at 1316 South Gilbert Road, Mesa AZ 85204. To enter, hand print your complete name, address, telephone number and email address and deposit your completed entry form in the ballot box available at Action Ride Shop. All ballot box entries must be received by 5:00 PM MT on February 10, 2017 to be eligible for the retail location random drawing, which will occur on or about February 10, 2017 after 5:00 PM MT, where one (1) Grand Prize winner will be randomly selected from among all eligible Action Ride Shop ballot box entries received throughout the entire Sweepstakes Period. Odds of winning via the retail location method of entry depend on the number of eligible entries received; or
- Radio Remotes: To enter via this method of entry, attend one of the 98KUPD Deschutes Ditch Day on-site radio remotes to occur at Action Ride Shop on February 6, 2017 from 4:30-6:00 PM MT and on February 8, 2017 from 4:30-6:00 PM MT (each, a “Remote” or collectively, “Remotes”). To enter via this method, hand print your complete name, address, telephone number and email address and deposit your completed entry form in the ballot box available at the participating Remote. All Remote entries must be received by 6:00 PM MT at each Remote. A random drawing will occur at or about 6:01 PM MT at each Remote to select one (1) Grand Prize winner per Remote where the winner will be announced over the loud speaker. MUST BE PRESENT TO WIN. One (1) Grand Prize winner for each of the two Remotes will be randomly selected from among all eligible Remote entries received. Odds of winning via this method of entry depends on the number of eligible entries received at each Remote.
Limit one (1) Grand Prize per person/household during the entire Sweepstakes Period. 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. 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.
- Prizes and Approximate Retail Values (“ARV’s”) – Twenty-three (23) Grand Prizes (1 online, 19 on-air, 1 retail and 2 remote winners) – Ski trip for two (2) to Sunrise Resort. Trip includes: roundtrip bus transportation from Action Ride Shop at 1316 Gilbert Rd, Mesa AZ 85204 (winner and guest MUST ride on the bus or prize will be forfeited) for winner and guest, departing February 16, 2017 at 1:00 PM MT and returning February 17, 2017 at 4:00 PM MT; one (1) night hotel accommodations at Hon-Dah Casino in Pine Top, AZ (one room, double occupancy) on February 16, 2017; dinner for two (2) at Red Devil Italian Restaurant in Pine Top, AZ; and ski/snowboard lift tickets for two (2) people on February 17, 2017 (does not include equipment rental). ARV: $306.00 each. Winner and guest must depart/return on the dates specified herein, or prize will be forfeited and may be awarded to an alternate winner, time permitting. Winner and guest must sign a Liability and Publicity release (“Prize Release”) prior to boarding the bus in Mesa. Winner and guest are solely responsible for ski or snowboarding equipment rental and will be subject to an equipment rental agreement prior to renting any equipment. Winner’s guest must be at least 21 years of age or older. In the event any portion of the prize cannot be awarded for any reason, Sponsor is not responsible for such unavailability. Only the items specifically listed as part of the prize will be awarded. All local, state, and federal taxes on the Prize are Winner’s sole responsibility. Trip is non-substitutable, non-transferable and not redeemable for cash. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason
The Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winners are responsible for paying all applicable income taxes associated with accepting their Prize. A 1099 form may be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winners accept the Grand Prize. Sponsor may substitute any Prize, or portion thereof, for one of equal or greater value for any or no reason at Sponsor’s sole discretion.
- Claiming the Prizes: Each Grand Prize winner will receive an email by Sponsor which contains all Grand Prize details. Then, each Grand Prize winner and his/her guest must arrive at Action Ride Shop located at 1316 South Gilbert Road, Mesa, AZ on February 16, 2017 no later than 12:45 PM MT to sign the Prize Release forms and get on the bus, which will depart promptly at 1:00 PM MT. Any Grand Prize winner or guest arriving after 12:45 PM MT or that refuses to sign the Prize Release will NOT be allowed on the bus (at Sponsor’s sole discretion). Each Grand Prize winner and guest will have to prove he or she is a qualified winner or guest by presenting identification acceptable to Sponsor (e.g., state driver’s license; military ID, state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification). If a winner or guest cannot prove he or she is a qualified winner or guest, he/she will not be able to board the bus and forfeit his/her right to the Prize. 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 until February 19, 2017. For the names of the Grand Prize winners, send a self-addressed stamped envelope by February 28, 2017 to: Deschutes Ditch Day Sweepstakes Winners c/o 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.