98KUPD – ‘CHANCE TO WIN 98KUPD’S METALLICA DODGE CHALLENGER
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.
1. Eligibility: The 98KUPD – Chance to Win 98KUPD’s Metallica Dodge Challenger “Whiplash” Sweepstakes (the “Sweepstakes”) is open only to listeners who are 18 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 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008 (the “Sponsor”), Metallica, Blackened Records, Dodge, FCA North America, FCA US LLC, Drew’s Garage, Discount Tire, Rockford Fosgate, Arizona National Guard (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 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.
2. Sweepstakes Period: The Sweepstakes begins on July 5, 2017, at or about 8:00:00 AM Pacific Time (“PT”) and ends on August 4, 2017 at or about 9:00:00 PM PT (the “Sweepstakes Period”).
3. How to Enter. There are five (5) ways to become a Qualifier in this Sweepstakes and be entered for a chance to win the Grand Prize:
a. On-Air: To enter this method, listen to 98KUPD each weekday at 8:00 AM PT, 11:00 AM PT, and 3:00 PM PT from July 10, 2017 through Wednesday, August 2, 2017 (each, an “Hourly Entry Period”) for a Dodge Challenger Whiplash keyword to be announced on-air (each, a “Keyword”). Upon hearing the Keyword, you will have until the end of that Hourly Entry Period to text the Keyword to 97936 to receive: one (1) entry into that hour’s Hourly Entry Period. Or, or send an email with your complete name, telephone number, and the Keyword to: email@example.com with the “Dodge Challenger Whiplash” in the Subject Line of the email to receive one (1) entry into that hour’s Hourly Entry Period. All entries must be received by the end of each applicable Hourly Entry Period. Any entry that doesn’t contain a Keyword, or that is sent after the applicable Hourly Entry Period expires will be disqualified and will not be eligible for that Hourly Entry Period’s random drawing. Limit one (1) entry per Hourly Entry Period, for a total of fifty-seven (54) entries per person/email address/cellular number for the entire Sweepstakes Period.
One (1) Qualifier winner will be selected during each Hourly Entry Period, for a total of fifty-seven (54) On-Air Qualifiers total, selected via a series of random drawings, to be conducted by Sponsor, each to occur immediately following each Hourly Entry Period. The winner will be called on the number taken from his/her text entry or email entry within fifteen (15) minutes after the one (1) hour period ends for each Hourly Entry Period. If the person whose number is randomly drawn and thereafter called does not answer his/her phone, the phone goes to voicemail, or they are not understandable, he/she will not become a Qualifier winner, and an alternate number will be randomly drawn from the eligible entries received. This process will continue until a person whose number is randomly drawn answers his/her phone. Non-winning entries for any Hourly Entry Period will NOT roll over into subsequent Hourly Entry Periods.
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.
b. On-Site: To enter via this method of entry, attend one of the 98KUPD Dodge Challenger Whiplash on-site radio remotes to occur at the following Dodge Dealerships on the dates and times listed below (each, a “Remote” or collectively, “Remotes”):
- 7/5 5pm-7pm Chapman Dodge Chrysler Jeep 6601 East McDowell Road Scottsdale AZ
- 7/8 11am-1pm Superstition Springs Chrysler Jeep Dodge Ram 6130 East Auto Park Drive Mesa AZ
- 7/12 5pm-7pm Airpark Dodge Chrysler Jeep 7801 East Frank Lloyd Wright Blvd Scottsdale AZ
- 7/15 11am-1pm Bill Luke Chrysler-jeep & Dodge 2425 West Camelback Road Phoenix AZ
- 7/19 5pm-7pm Autonation Chrysler Dodge Jeep Ram North Phoenix 16406 North 26th Avenue Phoenix AZ
- 7/22 11am-1pm Earnhardt Chrysler Jeep Dodge Ram 1521 East Drivers Way Gilbert AZ
- 7/22 2:30pm-4:30pm Larry H Miller Dodge Peoria 8665 West Bell Road Peoria AZ
- 7/26 5pm-7pm Larry H Miller Dodge Ram Avondale 10101 West Papago Fwy Avondale AZ
- 7/29 11am-1pm Larry H Miller Chrysler Jeep Dodge Ram Surprise 13165 North Autoshow Ave. Surprise AZ
- 8/2 5pm-7pm Tempe Chrysler Dodge Jeep Ram 7975 South Autoplex Loop Road Tempe AZ
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 the end of the applicable Remote set forth above. A random drawing will occur at the end of each Remote, for a total of one (1) Qualifier winner per Remote (10 On-Site Qualifiers total). The Qualifiers winner’s names will be announced over the loud speaker at each Remote. MUST NOT BE PRESENT TO WIN. One (1) Qualifier winner will be randomly selected from among all eligible entries received at the end of each Remote random drawing. Odds of winning via this method of entry depends on the number of eligible entries received at each Remote by the time each drawing occurs. 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.
c. Hashtag (Facebook and/or Instagram): To enter this Hashtag method of entry, from 8:00 AM PT on July 5, 2017 through 11:59:59 PM PT on August 2, 2017 (“Hashtag Entry Period”), visit the 98KUPD studios or listed car appearances on the 98KUPD.com events calendar and take a photo with the Dodge Challenger Whiplash (“Photo”) and post the Photo using the hashtag #KUPDWHIPLASHCONTEST to Instagram or Facebook to receive one (1) automatic entry into a hashtag random drawing. Entries must include the hashtag with your Photo of # KUPDWHIPLASHCONTEST for all Instagram and Facebook entries, or they will be forfeited. The Photo submitted must not be indecent or obscene or contain pornography or material of a sexual or other inappropriate nature or show illicit drugs, or represent 98KUPD in a false or negative light. Limit: one (1) entry per person per social media account per day. Anyone attempting to get more than one (1) entry per social media account per day may be disqualified from the entire Sweepstakes at Sponsor’s sole discretion.
Then, each Wednesday during the Hashtag Entry Period (7/12/2017, 7/19/2017, 7/26/2017 and 8/2/2017), Sponsor will randomly select four (4) Qualifiers per random drawing from among all eligible entries received up until the day of each random drawing, for a total of 16 Qualifiers via the Hashtag method of entry. Any non-winning entries from any hashtag random drawing WILL 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.
NEED PUBLIC PROFILE: If entering via Instagram or Facebook, entrants must adjust their Instagram or Facebook account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Instagram or Facebook account settings to ‘Public’, and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant’s burden to take any steps necessary to adjust their Instagram or Facebook account settings so that messages can be sent by Sponsor. An Entrant’s non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Instagram or Facebook account settings, shall be entrant’s, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant’s entry for any reason, including the failure on behalf of entrant to adjust their Instagram or Facebook account settings accordingly. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s Instagram or Facebook or email accounts provided upon registrations to administer and fulfill this Sweepstakes.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook, Instagram or Facebook. By entering, you are providing the information to Sponsor, and not to Facebook or Instagram. WHEN YOU UPLOAD YOUR PHOTO YOU AUTHORIZE US TO USE YOUR PHOTO WITHOUT COMPENSATION FOR ANY PURPOSE IN ANY MEDIUM IN PERPETUITY.
d. Metallica Show Keyword: To enter via this method of entry, visit the University of Phoenix Stadium located at 1 Cardinal Drive, Glendale, AZ 85305 on the north side and find the 98KUPD booth outside the Stadium before the Metallica show on August 4, 2017 before 8:00 PM PT. Once there, you find a Metallica Show Keyword at the 98KUPD booth. Text the Metallica Show Keyword to 97936 to be entered into the Metallica Show Keyword random drawing. All Metallica Show Keywords must be received by 8:00 PM PT on August 4, 2017 to be eligible for the Metallica Show Random Drawing. To enter the Metallica Show Keyword without sending a text message, send an email with your complete name, telephone number, and the Metallica Show Keyword to: firstname.lastname@example.org with the “Metallica Show Whiplash” in the Subject Line of the email to receive one (1) entry into the Metallica Show random drawing. Then, on August 4, 2017, one (1) Qualifier will be randomly selected from among all Metallica Show Keyword entries received. This Qualifier will be notified by telephone/email on or about the day of the random drawing. Sponsor will make up to one (1) attempts to reach this Qualifier. In the event Sponsor is unable to reach the potential Qualifier after one (1) attempts, he/she will forfeit his right to be a Qualifier, and that Qualifier prize will be awarded to an alternate winner, time permitting. Odds of becoming a Qualifier for the Metallica Show Keyword method of entry depends on the number of eligible entries are received.
e. Tap That App: To enter this Tap That App method of entry, from 12:00 PM PT on July 5, 2017 through 11:59:59 AM PT on August 2, 2017 (“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 “Whiplash” 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 – Whiplash” in the subject line and email to: whiplash@98KUPD.com, to be received by 11:59:59 a.m. MT on August 2nd, 2017. Sponsor is not responsible for lost, late, delayed, incomplete or returned emails. Limit one (1) entry per Week for a total of four (4) entries, regardless of how many hours each listener listens per Week.
Each Wednesday at 12:00 PM PT during the Tap That App Entry Period (7/12/2017, 7/19/2017, 7/26/2017 and 8/2/2017), Sponsor will randomly select one (1) Qualifier per random drawing from among all eligible entries received up until the day of each random drawing, for a total of 4 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.
Limit one (1) Qualifier per person during the entire Sweepstakes Period.
4. Finalist Random Drawing – At 11:00 PM PT on August 4, 2017, Sponsor will randomly select five (5) Qualifiers to become Finalists, from among all Qualifiers received. Odds of becoming a finalist are 1:17. Finalists will be announced on-air and also notified by telephone/email. Sponsor will make up to two (2) attempts to reach each Finalist. In the event Sponsor is unable to reach the potential Finalist after two (2) attempts, he/she will forfeit his right to be a Finalist, and another potential Finalist will be selected, time permitting.
5. How to Win the Grand Prize – To participate in the Grand Prize Event, each Finalist (as set forth in Official Rule #4 above) will need to present himself/herself at the 98KUPD Studios located at 1100 North 52nd Street, Phoenix Arizona 85008 by 3:00 PM PT on August 5, 2017 where 98KUPD will transport each Finalist and one (1) guest to/from the Grand Prize Party (“Event”). The Event will be held at Florence Military Reservation/Arizona Army National Guard Training Site in Florence, AZ. Check-in for the Grand Prize Event will be at the 98KUPD Booth at the Event, and all Finalists can begin checking in at 4:00 p.m. and Finalists must be checked in prior to 4:30p.m. to be eligible to participate in the Grand Prize drawing. Substitutes or stand-ins WILL be allowed. All Finalists (or his/her Proxy) eligible to compete for the Grand Prize must be present to participate. Any Finalist arriving after 4:30pm PT, forfeits his or her participation in this Sweepstakes and therefore his or her chance of winning the Grand Prize. Each Finalist who is present at the Event and has successfully checked in prior to 4:30p.m. will be included in a Grand Prize Event random drawing where Sponsor will randomly select one (1) Grand Prize winner from among all Finalists who are in attendance at the Event and were check in. Odds of becoming the Grand Prize winner depend on the number of Qualifiers at the Grand Prize Event who have successfully checked in, but in no case greater than 1:5. That Grand Prize winner’s name will be announced from the 98KUPD Booth during the Event. MUST BE PRESENT TO WIN.
6. Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize – A 2017 Dodge Challenger 392 Hemi Scat Pack Shaker VIN#2C3-CDZFJ3HH-607172. ARV: $48,175.00; OR In lieu of the receiving the Challenger as the Grand Prize, the Grand Prize winner may elect to receive a $10,000 check/cash. If the Grand Prize winner accepts the Challenger as the Grand Prize, then the Grand Prize winner must accept delivery of Grand Prize from Sponsor, or as otherwise instructed by Sponsor. All other costs related to prize delivery and acceptance are the responsibility of Grand Prize winner including but not limited to taxes, title, insurance, license, and registration fees. Grand prize winner will be required to complete and return a W-9 form, affidavit of eligibility and liability/publicity release, and present a valid driver’s license and may also be required to present his/her social security card before prize will be awarded. Grand Prize winner will be issued a 1099 form reflecting the value of the prize and are responsible for paying all income taxes on the Grand Prize. The Grand Prize winner agrees to comply with all applicable laws and regulations regarding vehicle ownership, including, but not limited to, those dealing with the registration, licensing and insuring of a vehicle. License/title fee, administrative fees and sales and boat taxes are NOT included in the Grand Prize. Vehicle described, displayed and/or pictured may not be the actual boat awarded. Vehicle prize recipient may be responsible for any additional title, taxes, license, insurance and registration fees associated with 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 boat, (b) understands and acknowledges that the ownership and/or use of a vehicle 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 boat from the time the vehicle is delivered to or picked up by 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 vehicle from the time the vehicle is delivered to or picked up by the Grand Prize winner.
Eighty-four (85) Qualifier Prizes (54 On-Air; 10 On-Site; 16 Hashtag, 4 Tap That App and 1 Metallica Show)– Two (2) tickets to the Metallica concert on Friday, August 4, 2017 at the University of Phoenix Stadium located at 1 Cardinals Drive, Glendale, AZ 85305. ARV: $71.50 each ticket.
The winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. 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. Winner is responsible for paying all applicable income taxes associated with accepting their Prize. Prizes are non-transferable and no prize substitution allowed, except at sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. Prize consists of only those items specifically listed as part of the prize. Prize may not be substituted by winner, but Sponsor may substitute the prize for one of equal or greater value for any or no reason. Prize is non-transferable.
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. 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.
7. Claiming the Prizes: Upon winner verification, as a condition of being named the official winner, each potential winner must claim his/her prize in person at the 98KUPD Studios at 1100 North 52nd Street, Phoenix Arizona 85008 during regular business hours (9:00 a.m. – 5:00 p.m.; Monday – Friday) within 30 days of 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 (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 Grand Prize will not be awarded. Any unclaimed prize remains the property of Sponsor.
8. 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.
9. 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.
10. 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.
12. 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.
13. Official Rules/Winner’s List: For a copy of these Official Rules, see the Website until September 5, 2017. For the name of the Grand Prize winner, send a self-addressed stamped envelope by August 14, 2017 to: 98KUPD Chance to Win 98KUPD’s Metallica Dodge Challenger Whiplash Sweepstakes Winner, 1100 North 52nd Street, Phoenix, Arizona 85008.
14. Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.