98KUPD – IGNITE YOUR SENSES VIP EXPERIENCE
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility: The 98KUPD – Ignite Your Senses VIP Experience Contest (the “Contest”) 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. Eligible entrants may either enter themselves, or nominate someone else to be entered for a chance to win the Grand Prize. No purchase necessary to enter the Contest. Employees of Hubbard Radio Phoenix, LLC and its station KUPD, 1100 North 52nd Street, Phoenix, Arizona, 85008 (the “Sponsor”), National Hot Rod Association (“Prize Provider”), 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 Contest 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 Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Period: The Contest begins on February 6, 2017 at or about 12:00:00 AM Mountain Time (“MT”) and ends on February 19, 2017 at or about 11:59:59 PM MT (the “Contest Period”).
- How to Enter. To enter, visit 98KUPD.com (“Website”), and find the Contest page to find, complete and submit the online entry form which includes your complete name and the complete name of the person you are nominating (if any), email address, and telephone number, and upload a video that is less than 2 minutes of why you, or the person you are nominating, should experience the NHRA race event (“Video”). Limit one (1) entry per person during the entire Contest Period. All entries must be received by 11:59:59 PM MT on February 19, 2017, to be eligible for judging. If any other person other than the entrant is included in the Video, the entrant must have the express written permission from any such person (or person’s parent/legal guardian if any person appearing is under the age of 18) appearing in the Video. The Video cannot be more than 2 minutes long, or the entry may be forfeited at Sponsor’s sole discretion.
Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Submission, or other technical problems that may arise in connection with your entry into the Contest. Any attempt by any individual to enter by using multiple/different identities or any other methods may disqualify that individual from participating and winning any prize, at the sole discretion of Sponsor. By submitting a Submission, you hereby acknowledge and agree that your Submission may be shown or available on the Website without prior consent by or notice to you and for no additional compensation. Further, each entrant certifies that the Video is their own original work, and that the entrant has the right to allow the publication of the Video without restriction, and Sponsor’s use of the Video will not infringe the rights of any third parties (e.g., copyrights, trademarks, rights of publicity or privacy, etc.).
- How Winner is Chosen: Then, on or about February 20, 2017, all eligible Videos received will be judged by Sponsor, whose decisions are final and binding in all matters related to this Contest using the following judging criteria and percentages: quality of the video (30%); how compelling the story is as to why the person entering should experience the NHRA event (70%) (“Judging Criteria”). The Video that has the highest overall score using the preceding judging criteria and percentages will be deemed the Grand Prize winner, and he or she will be notified by email on or about February 21, 2017. Sponsor reserves the right to not award the prize in the event not enough sufficient Videos are received.
- Video Entry Requirements and Restrictions: Entrants agree to and understand that the Video submissions may be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Video entries.
A). The Video entry must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
B). The Video may not exceed 2 minutes in length.
C). Each Video entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Video entry, and the Video entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Video entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Video entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
D). By uploading the Video entry the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Video entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, edit, make derivative works from, make available to the public, and/or reproduce the Video entry through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, entrant warrants that any so called “moral rights” in the Video entry have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Video entry or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Video entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Video entry and any portion thereof, or the likeness of any natural person therein.
E). Video entries must not contain material that: (i) Contains or depicts someone smoking or intoxicated; (ii) Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement; (iii) Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (v) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous; (vi) References persons or organizations without their written permission; (vii) Disparages any persons or organizations; (viii) includes threats to any person, place, business, or group; and (ix) Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Video entry to comply with the above “Video Entry Requirements and Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Video entries shall become the exclusive property of Sponsor and will not be returned. Video entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
- Prize and Approximate Retail Value (“ARV”) – One (1) Grand Prize – An Ignite Your Senses VIP Experience, consisting of: two (2) general admission tickets to the NHRA Arizona Nationals at the Wild Horse Pass Motorsports Park for Saturday, February 25, 2017; two (2) passes to go on the Baptism By Nitro Stage at the starting line; two (2) passes to a private meet and greet with driver Ron Capps and behind-the-ropes tour of his pit area during race car warm-ups. ARV OF GRAND PRIZE: $254.00. Guest of Grand Prize winner must be 18 years of age or older. Both winner and guest must sign a Liability and Publicity Release prior to issuance of Prize. Prize consists of only those items specifically listed as part of the Prize. The Prize is non-assignable and non-transferable. Prize may NOT be resold to any third party, including but not limited to on eBay, Craigslist and other entities of the like. The winner is responsible for any other costs and expenses not specified herein as being awarded, including but not limited to transportation. The winner is solely responsible for local, state and federal taxes on the prize. Each winner and his/her guest acknowledge and agree that if any alcohol is consumed by the winner and his/her guest, such alcohol consumption is at the sole discretion of the winner and his/her guest and the sponsors are not responsible for any cost or circumstances resulting from such alcohol purchases/consumption. No responsibility is assumed by the Sponsor if concert or any part of the prize is delayed, rescheduled, postponed or cancelled in whole or in part for any reason whatsoever, including, without limitation, any force majeure event such as hurricane, fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, war, insurrection or terrorist threat. In the event of such cancellation, the sponsor shall have no further liability or obligation to the winner if the concert is not rescheduled. Tickets are subject to the terms, conditions and restrictions as printed on the ticket.
The winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winners may be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. A 1099 form may be submitted to all appropriate taxing authorities.
- Claiming the Grand Prize: Upon Grand Prize winner verification, as a condition of being named the official an official Grand Prize winner, the potential Grand Prize 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) on Wednesday, February 22, 2017, Thursday, February 23, 2017 OR Friday, February 24, 2017, or Prize will be forfeited and go unawarded. 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 (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.
- 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 Contest; (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 Contest, 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 Contest 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 Contest, 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 Contest, 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 Contest 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 Contest 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest 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 Contest 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 Contest, 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 Contest 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 March 22, 2017. For the name of the Grand Prize winner, send a self-addressed stamped envelope by February 28, 2017, to: KUPD Ignite Your Senses VIP Experience Winner, 1100 North 52nd Street, Phoenix, Arizona, 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona, 85008.