98KUPD “MTN DEW® KICKSTART™” 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 – “MTN DEW® KICKSTART™” Sweepstakes(the “Sweepstakes”) is open only to listeners who are 18 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 52ndStreet, Phoenix, Arizona, 85008(the “Sponsor”), PepsiCo, Inc., Pepsi Beverages Company, Pepsi-Cola Company (collectively, “Promotional Participants”), and Hubbard Radio, LLC, (collectively with Sponsor and Promotional Participants, the “Released Parties”), any radio, television or other media companies located in the Phoenix area, or any of their respective bottlers, 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 July 15, 2019, at or about 12:00:00 AM Mountain Time (“MT”) and ends on August 28, 2019 at or about 11:59:59 PM MT (the “Sweepstakes Period”).
- How to Enter to become a Qualifier: There are three (3) ways to enter the Sweepstakes:
i. Tap That App: (7winners): To enter this Tap That App method of entry, from 12:00 AM MT on July 15, 2019 through 11:59:59 PM MT on August 28, 2019 (“Tap That App Entry Period”), listeners must register on the 98KUPD Stream Player at www.98KUPD.com(“Website”) or on their respective mobile device. Then, listen to 98KUPD through the Stream Player during the Sweepstakes Period, and for every twenty (20) hours or more you listen through the 98KUPD Stream Player in any given week during the Sweepstakes Period, you will be eligible to receive one (1) entry into the random drawing. To be entered, each registered listener must also complete and submit an online entry form found at the “Kickstart” rewards detail page. To enter without listening for twenty (20) hours per Week or more, email your complete name, date of birth, email address and telephone number in the body of the email, and put “Tap That App – Kickstart” in the subject line and email to: firstname.lastname@example.org, to be received by 11:59:59 a.m. MT on August 28, 2019. Sponsor is not responsible for lost, late, delayed, incomplete or returned emails.
Each following week at 12:00 PM MT on Monday during the Tap That App Entry Period (6/15/2019 thru 8/28/2019), Sponsor will randomly select one (1) Qualifier per random drawing from among all eligible entries received up until the week of each random drawing, for a total of 6 Qualifiers via the Tap That App method of entry. Any non-winning entries from any Tap That App random drawing WILL NOT roll over into subsequent random drawings. Odds of winning via this method of entry depends on the number of eligible entries received by each random drawing. Each potential Qualifier will be notified by direct message on or about the day they are selected as a potential winner. Sponsor will make up to one (1) attempt to reach each Qualifier. In the event Sponsor is unable to reach a potential Qualifier after one (1) attempt, he/she will forfeit his right to be a Qualifier, and that Qualifier prize will be awarded to an alternate winner, time permitting.
ii. Text Keyword: (10 winners): To enter via this method of entry, you must listen to 98KUPD each weekday morning (Mon-Fri) beginning on Monday, August 12, 2019 and ending on Friday, August 23, 2019 between 5:30 AM MT – 10:00 AM MT for the DJ to announce a daily keyword (“Keyword”). Upon hearing and seeing the Keyword, you will have until 10:00 AM MT each weekday the Keyword is announced to either text the Keyword to 97936, or send an email with your complete name, telephone number, and the Keyword to: email@example.com the “KICKSTART” in the Subject Line of the email. Limit one (1) entry per person/mobile phone/email address per Keyword/day.There will be one (1) Qualifier selected each weekday via this method of entry, for a total of ten (10) text Keyword winners. All entries must be received by 10:00 AM MT each weekday the Keyword is announced to be entered into that day’s/Keyword’s random drawing. Odds of winning depend on the number of eligible entries received in each day/Keyword. All non-winning entries from any day/Keyword will NOTbe carried over to subsequent days. Any entry that doesn’t contain the proper Keyword, or that is sent after 10:00 AM MT will be disqualified and that entry attempt will not be eligible for that Keyword/day’s random drawing. Then, at or about 10:01 AM MT each weekday a Keyword is announced, the DJ will randomly select one (1) entry from among all eligible entries received and will call the entrant. In the event the entrant does not pick up his/her phone during the call, that entrant will automatically be disqualified, and an alternate will be selected and contacted. This will continue until a DJ is able to call and the caller picks up the call to be deemed a Qualifier, to receive a Qualifier Prize and receive one (1) entry in the Grand Prize random drawing.
TEXT MESSAGE RATES MAY APPLY.Note that webcasts of Station’s programming are typically on a delayed basis, which may affect participation in this Sweepstakes. In the event of a dispute regarding the identity of the person submitting a mobile text entry or email entry, the entry will be deemed to be submitted by the person in whose name the mobile number or email address is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the mobile number or email address associated with the winning entry and complete an affidavit and/or any applicable releases. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. 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.
iii. Radio Remotes: (11 winners):To enter via this method of entry, attend one of the 98 KUPD / Circle K / Mountain Dew Kickstart on-site radio remotes during the Sweepstakes Period. 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 that participating radio remotes. All radio remote entries must be received by the end of each radio remote event to be eligible for the random drawing, which will occur on the following dates below, where one (1) Qualifier winner will be randomly selected from among all eligible radio remote entries received at each remote for a total of eleven (11) Qualifiers. Odds of winning via the radio remote method of entry depend on the number of eligible entries received from all radio remotes occurring during the Sweepstakes Period.
- Wednesday, July 17, 2019 5pm-6pm
- Friday, July 19, 2019 5pm-6pm
- Wednesday, July 24, 2019 5pm-6pm
- Wednesday, July 31, 2019 5pm-6pm
- Friday, August 2, 2019 5pm-6pm
- Wednesday, August 7, 2019 5pm-6pm
- Saturday, August 10, 2019 10am-12n
- Wednesday, August 14, 2019 5pm-6pm
- Saturday, August 17, 2019 10am-12n
- Wednesday, August 21, 2019 5pm-6pm
- Wednesday, August 28, 2019 5pm-6pm
Limit one (1) Qualifier 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
4. Qualifier Event/How to Win Grand Prize: At the conclusion of the contest, all qualifiers via the 3 ways of entry will be put into one pool for the grand prize drawing. The grand prize drawing will be conducted on Tuesday, September 3rd, 2019 at 9:00AM MST and the winner will be contacted via phone and / or email. Winner must respond in 24 hours or a new Grand Prize winner will be drawn.
5. Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize– A 2019 Sea Doo Jet Ski, Serial #: YDV84315D919 and Trailer Serial #:5KTWS1312KF545822 ARV: $10,425.73. A 1099 form will be submitted to all appropriate taxing authorities. Any warranties and guarantees are strictly limited to the manufacturer’s. The Grand Prize winner agrees to comply with all applicable laws and regulations regarding Jet Ski ownership, including, but not limited to, those dealing with the registration, licensing and insuring of a Jet Ski. License/title fee/CVR, administrative fees and sales and vehicle taxes are NOT included in the prize. The cost of any changes or additions are not included and are solely the responsibility of the winner. Jet Ski’s described, displayed and/or pictured may not be the actual jet ski awarded. Jet Ski prize recipient may be responsible for any additional title, taxes, license, insurance and registration fees associated with the prize Jet Ski. Sponsor reserves the right to substitute a prize of equal or greater value if the specific prize is not available at the time of the awarding of the prize. The winner hereby represents, and Sponsor and the other sponsors rely upon such representation, that the winner (a) is familiar with and has knowledge of the risks, dangers, hazards and perils involved in the ownership and/or use of a Jet Ski, (b) understands and acknowledges that the ownership and/or use of a Jet Ski may be dangerous and may expose the owner and/or user to injury and liability, and (c) hereby fully assumes any and all responsibilities, liabilities and risks arising from, related to, or connected with the ownership and/or use of the Jet Ski from the time the Jet Ski is delivered to winner, including, without limitation, serious injury, temporary or permanent disability and death, regardless of the causes. WINNER ON BEHALF OF HIMSELF OR HERSELF, AS WELL AS HIS OR HER HEIRS AND ASSIGNS, VOLUNTARILY ELECTS TO ACCEPT ALL RISKS arising from, related to, or connected with the ownership and/or use of the Jet Ski from the time the Jet Ski is delivered to winner. A 1099 form will be submitted to all appropriate taxing authorities for the Grand Prize.
Twenty Eight (28) Qualifier Prizes– Two (2) tickets to the Papa Roach concert at the Comerica Theatre in Phoenix, AZ on Friday, August 30, 2019. ARV: $118.00 Tickets are subject to the terms, conditions and restrictions as printed on the tickets. Transportation and parking are not part of the prize. Prize may not be sold on eBay, craigslist or any other third party site. Tickets are not transferable or substitutable and may not be redeemed for cash. Sponsor is not responsible if the event is delayed or postponed.
The Prizes will be awarded only if the potential winners fully comply with these Official Rules. Prizes consist 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. Winner must travel on dates specified by Sponsor or prize will be forfeited. Taxes and fees are subject to change upon notice from Sponsor and are nonrefundable. The prizes are non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prize consists of only those items specifically listed as part of the Prize. The Winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules.
6. Claiming the Prizes:Upon Qualifier prize winner verification, as a condition of being named the official an official Qualifier prize winner, the potentialQualifier prize winner must claim his/her prize in person at Sponsor’s Studios at 1100 North 52ndStreet, Phoenix, Arizona 85008 during regular business hours (9:00 a.m. – 5:00 p.m.; Monday – Friday) within7 daysof 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 Qualifier Prize. To claim the Grand Prize, the Grand Prize winner will be notified by telephone when to join Sponsor at 98KUPD Studios to sign the required prize release documents and pick up the Grand Prize. If required by Sponsor, any winner must prove he or she is a qualified winner by presenting identification acceptable to Sponsor including but not limited to, Active Military ID or DD214 (proof of discharge) and (e.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 Prize will not be awarded. Any unclaimed prize remains the property of Sponsor.
7. 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.
8. 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.
9. 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.
11. 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 98kupd.com until September 30, 2019.
12. Official Rules/Winner’s List: For the name of the Grand Prize winner, send a self-addressed stamped envelope by September 30, 2019 to: Kickstart Sweepstakes Winner, 1100 North 52ndStreet, Phoenix, Arizona 85008.
13. Sponsor: Hubbard Radio Phoenix, LLC, 1100 North 52ndStreet, Phoenix, Arizona 85008.