98KUPD – THE MORNING SICKNESS MAN CAVE UPGRADE 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 – The Morning Sickness Man Cave Upgrade Promotion(the “Promotion”) 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 Promotion. Employees of Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52ndStreet, Phoenix, Arizona 85008(the “Sponsor”), Prestige Billiards (“Promotional Participant”) 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 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. 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 13, 2019, at or about 5:45:00 AM Mountain Time (“MT”) and ends on June 14, 2019 at or about 10:00:00 AM MT (the “Promotion Period”).
- How to Enter.Toenter to become a Qualifier and have a chance to be a Finalist and participate in the Grand Prize event at the 98KUPD Studios on June 14, 2018 from 6:00AM MT-10:00 AM MT (“Grand Prize Event”),listen to 98KUPD each weekday from 5:45 AM MT through 10:00 AM MT (each, a “Daily Entry Period”) for a Man Cave Upgradecue to call to be announced on-air. Upon hearing the Man Cave Upgradecue to call, be the first eligible caller to call in and reach the station by calling 602.585.9800. The first caller to reach the station and perform or answer that Daily Entry Period’s daily challenge (each, a “Daily Challenge”) successfully will be deemed that day’s Qualifier, and will receive a Second Prize and be entered into the Finalist Random drawing. If the first caller does not successfully perform or answer that Daily Entry Period’s Daily Challenge, then he/she will notbe deemed a Qualifier and will not win a prize, and the next person to successfully call in and perform or answer the same Daily Challenge correctly will be deemed that day’s Qualifier, will win the Second Prizeand be entered into the Finalist Random Drawing. This process will continue each Daily Entry Period until one (1) person wins and becomes a Qualifier. There will be a one (1) Qualifier for each Daily Entry Period, for a total of twenty-two (22) Qualifiersduring the Promotion Period. Limit one (1) Qualifier per person for the entire Promotion Period.
- Finalist Random Drawing. Five (5) Finalists will be selected in a random drawing, to be conducted by Sponsor, on or about June 12, 2019 after 10:00 AM MT, from among all eligible Qualifiers. Each potential Finalist will be contacted by telephone on June 12, 2019. If the potential Finalists does not answer his/her phone, the phone goes to voicemail, or they are not understandable, he/she will not become a Finalist, and an alternate potential Finalist will be randomly drawn from the eligible Qualifiers. This process will continue until a potential Finalist whose number is randomly drawn answers his/her phone. Odds of becoming a Finalist are 1:5. Sponsor reserves the right to select fewer than five (5) Finalists in the event Sponsor is unable to successfully reach five (5) potential Finalists on June 12, 2018. Each Finalist will also win a First Prize. Note that webcasts of Station’s programming are typically on a delayed basis, which may affect participation in this Promotion. 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.
- 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 52ndStreet, Phoenix Arizona 85008 by 6:00 AM MTon June 14, 2019. Each Finalistsmustbe checked in prior to 6:00 AM MT to be eligible to participate in the Grand Prize Event. Substitutes or stand-ins WILL be allowed with prior permission from 98KUPD. All Finalists (or his/her Proxy, if applicable) eligible to compete for the Grand Prize must be present to participate. Any Finalist arriving after 6:00 AM MT, forfeits his or her participation in this Promotion 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 6:00 AM MT will be included in a Grand Prize Event where Sponsor compete in three (3) different contests and will be judged based on the criteria set forth below. MUST BE PRESENT TO WIN. CHALLENGE #1: DARTS. Each Finalist will receive a single dart, be required to stand at the designated line, and without crossing the line, throw the dart at the dart board. The Finalist whose dart is closest to the bullseye will be deemed Challenge #1’s Challenge Winner. CHALLENGE #2:NON-ALCOHOLIC BEER CHUG & BELCH. Each Finalist will receive one (1) can of non-alcoholic beer. The Finalists will then each chug the non-alcoholic beer and belch, and will be judged using the following judging criteria and percentages: (1) speed of chugging (fastest chugger) 33.3%; (2) spillage during chugging (least spilt) 33.3%; and (3) quality of burp based on length, depth and loudness 33.4%. The Finalist with the highest score for Challenge #2 using the preceding judging criteria and percentages will be deemed Challenge #2’s Challenge Winner. In the event of a tie, the Finalists will receive a single dart, be required to stand at the designated line, and without crossing the line, throw the dart at the dart board. The tying Finalist whose dart is closest to the bullseye will be deemed the winner from among all tying Finalists.CHALLENGE #3:KARAOKE. Each Finalist will be given a list of songs to choose from to sing along with, karaoke-style. The list is at Sponsor’s sole discretion. Each Finalist will then sing their song and will be judged by Sponsor using the following judging criteria and percentages: (1) voice quality (33.3%); choice of song (33.3%); and (3) stage presence (33.4%). The Finalist with the highest score for Challenge #3 using the preceding judging criteria and percentages will be deemed Challenge #3’s Challenge Winner. In the event of a tie, the Finalists will receive a single dart, be required to stand at the designated line, and without crossing the line, throw the dart at the dart board. The tying Finalist whose dart is closest to the bullseye will be deemed the winner from among all tying Finalists. The Finalist who wins the most Challenges as set forth above will be deemed the Grand Prize winner and will win the Grand Prize. In the event of a tie, the tying Finalists will receive a single dart, be required to stand at the designated line, and without crossing the line, throw the dart at the dart board. The Finalist whose dart is closest to the bullseye will be deemed the winner from among all tying Finalists.
- Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize–a 8ft Imperial Bedford pool table in Silver Mist Finish; Deluxe Accessory Kit & Cloth; a Shelti Slapshot Bubble Hockey; a Shelti Eye Electronic Stand Up Home Dart Board; and free first floor delivery and set-up if Grand Prize winner resides within a 50 mile radiusof Phoenix, AZ. ARV: $9,088.00. Grand Prize must be delivered by July 19, 2019or the Grand Prize will be forfeited and go unawarded.All warranties and guarantees are subject to the manufacturers’ warranties and guarantees. Grand Prize winner will receive certificates for each item at the Grand Prize Event, and is solely responsible for arranging delivery. If the Grand Prize winner resides outside of a 50 mile radius of Phoenix, he/she will be solely responsible for delivery and/or set-up fees, or for pick-up of the tables at Prestige Billiards. Five (5) First Prizes – Two (2) tickets to the Arizona Diamondbacks baseball game on Saturday, June 22, 2019 at Chase Field. ARV: $35.00 each. Tickets are subject to the terms, conditions and restrictions as printed on the tickets. Tickets may not be sold on eBay, Craigslist or similar third party site. Transportation and parking are not part of the First Prize. Sponsor is not responsible for any concert that is delayed, postponed, or cancelled, or for lost or stolen tickets.Twenty-two (22) Second Prizes(one (1) per Daily Entry Period) – Two (2) tickets to “Korn & Alice In Chains” on Saturday, August 31, 2019 at the Ak-Chin Pavilion. ARV: $55.00 each. Tickets are subject to the terms, conditions and restrictions as printed on the tickets. Tickets may not be sold on eBay, Craigslist or similar third party site. Transportation and parking are not part of the Second Prize. Sponsor is not responsible if the game is delayed, postponed, or cancelled, or for lost or stolen tickets. The Grand prize winner will be required to complete and return a W-9 form, 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 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. Winners are 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. Prizes 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.
- Claiming the Prizes:Upon winner verification, as a condition of being named the official First and Second Prize winner, each potentialFirst and Second Prize winner must claim his/her prize in person at the 98KUPD Studios at 1100 North 52ndStreet, Phoenix Arizona 85008 during regular business hours (9:00 a.m. – 5:00 p.m.; Monday – Friday) by June 14, 2019 for the Second Prize, or on the day of the Grand Prize Event for the First and Grand Prize.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 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 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 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 July 19, 2019.For the name of the Grand Prize winner, send a self-addressed stamped envelope by July 19, 2019 to: 98KUPD The Morning Sickness Man Cave Upgrade PromotionWinner,1100 North 52ndStreet, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52ndStreet, Phoenix, Arizona 85008.