98KUPD “LADY JANE’S $10,000 THROW” PROMOTION
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility: The 98KUPD – “Lady Jane’s $10,000 Throw” Promotion (the “Promotion”) 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 Promotion. Employees of Hubbard Radio Phoenix, LLC, 1100 North 52nd Street, Phoenix, Arizona, 85008 (the “Sponsor”), Lady Jane’s Haircuts for Men (the “Promotional Participant”), 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 Promotion 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. Further, current or former professional or semi-professional football, baseball or softball players or coaches, current or former high school or collegiate football, baseball or softball players or coaches who have played or coached at that level in the past five (5) years (includes Freshmen, Junior Varsity, and Varsity of both men and women), and current or former Class A softball players or coaches who have played or coached at that level in the past five (5) years are also not eligible to participate in this Promotion. The Promotion 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Promotion Period: The Promotion begins on May 6, 2017, at or about 11:00:00 AM Pacific Time (“PT”) and ends on May 6, 2017 at or about 1:00:00 PM PT (the “Promotion Period”).
- How to Enter to become the Finalist. There is one (1) way to enter the Promotion for a chance to be the finalist. On May 6, 2017 from 11:00 AM until 1:00 PM PT, visit Lady Jane’s Haircuts for Men located at 2080 West Northern Avenue, Suite 110, Phoenix, AZ 85021 to find the entry form. 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 Lady Jane’s Haircuts for Men. All ballot box entries must be received by 1:00 PM PT on May 6, 2017 to be eligible for the random drawing, which will occur on or about 1:05 PM PT on May 6, 2017, where one (1) potential finalist will be randomly selected from among all eligible entries received (“Finalist”), who will have the chance to participate in the Grand Prize $10,000 Throw Event at or about 1:20 PM PT on May 6, 2017 (the “Event”). Limit one (1) entry per person during the entire Promotion Period. Odds of being named the Finalist depend on the number of eligible entries received. The Finalist’s name will be announced at or about 1:05 PM PT and upon the announcement, that Finalist must immediately come to the KUPD table to read and sign the Exhibit C Contestant Agreement to Participate as a condition of being able to participate in the Event. The Finalist must participate in the Event within fifteen (15) minutes of his/her name being announced, or he/she will forfeit the chance to participate in the Event. MUST BE PRESENT TO BE NAMED THE FINALIST AND PARTICPATE IN THE EVENT. In the event after announcing the potential Finalist, that person is not present or deemed ineligible at Sponsor’s sole discretion, an alternate potential Finalist’s name will be selected. This will continue until one of the selected Finalist’s is present and eligible to participate in the Event. At the Finalist check-in, the Finalist will also be required to show his/her driver’s license or other government identification in order to prove eligibility.
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.
- The Grand Prize $10,000 Throw Event – Then, on May 6, 2017 at or about 1:20 PM PT (but in no event more than 15 minutes after the Finalist’s name is announced) the Finalist will attempt to throw a regulation Major-League baseball through the target hole (“Target Hole”) in the target template (“Target Template”) from a distance to the Target Template of no less than sixty feet and six inches (60’ 6”) (“Throw”). If the Finalist’s Throw results in the baseball passing completely through the Target Hole on the fly, after entering the Target Hole from the side of the Target Template nearest the Finalist, prior to coming in contact with any object or person (other than the Target Template itself), then the Finalist will win the Grand Prize (subject to verification of eligibility and third party review of the video footage of the Throw). The Finalist will only be allowed ONE attempt to make their Throw. The Throw is subject to the Eligible Grand Prize Throw Attempt Requirements listed below:
Eligible Grand Prize Throw Attempt Requirements
- No practice, warm-up or qualifying throws will be allowed.
- The single Throw attempt must be initiated from behind the demarcation line as specified by Sponsor. A foot fault (contestant’s foot touching or crossing over the respective demarcation line) will disqualify any Throw attempt. The Finalist will not be allowed another Throw to replace the faulted Throw.
- In order to be considered a successful Throw attempt, the baseball may not come in contact with or bounce off of any person, wall or object in any manner prior to entering the Target Hole, other than the surface of the Target Template. A baseball that contacts or bounces off of any person, wall or object prior to entering the Target Hole is immediately disqualified regardless of the outcome of the Throw attempt.
- The Finalist acknowledges and agrees that the Throw attempt will be videotaped by Sponsor, or a representative of Sponsor, which must be verified by Sponsors insurance company.
- The Finalist will be allowed one (1) attempt to successfully hole a baseball using a regulation size Major-league baseball, from a minimum distance of sixty feet and six inches into a five inch diameter hole in the Target Template.
- The eligibility of the Throw is subject to approval by Sponsor’s insurance company.
- Prize and Approximate Retail Values (“ARV”) – One (1) Grand Prize – $10,000.00 cash (may be awarded in the form of a check). ARV: $10,000.
A maximum of one (1) grand prize will be awarded if there is a Grand Prize winner. Grand prize winner(s) must accept delivery of prize from Sponsor, or as otherwise instructed by Sponsor. All properly claimed prizes will be awarded. 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. Grand prize winner will be required to complete and return a W-9 form, affidavit of eligibility, a Contestant Agreement to Participate, and Winner’s Affidavit & Release, and present a valid driver’s license and social security card before prize will be awarded. Winner will be issued a 1099 form reflecting the value of the prize and are responsible for paying all income taxes on prize.
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.
- Claiming the Prize – The winner and Sponsor will work with one another to determine how the Grand Prize winner will receive his/her Grand Prize. The Grand Prize winner represents and warrants that he/she will make best efforts to assist Sponsor in coordinating how the winner will pick up or receive the Grand Prize within no more than 30 days from the date the potential winner is verified by Sponsor’s insurance company.
- 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 Promotion; (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 Promotion, 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 Promotion 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 Promotion, 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 Promotion, 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 Promotion 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 Promotion 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion 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 Promotion 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 Promotion 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 Promotion, 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 Promotion 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 June 6, 2017. For the name of the Grand Prize winner (if any), send a self-addressed stamped envelope by May 14, 2017 to: Lady Jane’s $10,000 Throw Promotion Winner, 1100 North 52nd Street, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC, 1100 North 52nd Street, Phoenix, Arizona 85008.