98KUPD – ‘ROCK UR WAKE’ WITH MONSTER ENERGY AND ACTION WATERSPORTS
SWEEPSTAKES Official Rules
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 – Rock UR Wake with Monster Energy and Action Watersports 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”), Monster Energy Drink, Action Watersports (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.
- Sweepstakes Period: The Sweepstakes begins on May 26, 2017, at or about 5:00:00 AM Pacific Time (“PT”) and ends on June 24, 2017 at or about 11:59:59 PM PT (the “Sweepstakes Period”).
- How to Enter. There are three (3) ways to become a Qualifier in this Sweepstakes and be entered for a chance to win the Grand Prize:
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 during the Sweepstakes Period (each, an “Hourly Entry Period”) for a Rock UR Wake 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 “Rock UR Wake” 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 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 (57) entries per person/email address/cellular number for the entire Sweepstakes Period.
One (1) Qualifier winner will be selected during each Hourly Entry Period 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.
On-Site: To enter via this method of entry, attend one of the 98KUPD Rock UR Wake with Monster Energy and Action Watersports on-site radio remotes to occur at the following locations on the following dates (each, a “Remote” or collectively, “Remotes”):
- 5/31 5PM-7PM WALMART 1900 EAST CHANDLER BLVD CHANDLER, AZ 85225
- 6/3 11AM-1PM ACTION WATER SPORTS 1320 WEST BROADWAY RD MESA, AZ 85202
- 6/7 5PM-7PM ACTION WATER SPORTS 1320 WEST BROADWAY RD MESA, AZ 85202
- 6/10 11AM-1PM WALMART 1955 SOUTH STAPLEY MESA, AZ 85204
- 6/14 5PM-7PM WALMART 21655 NORTH LAKE PLEASANT PKWY PEORIA, AZ 85382
- 6/17 11AM-1PM ACTION WATER SPORTS 1320 WEST BROADWAY RD MESA, AZ 85202
- 6/21 5PM-7PM ACTION WATER SPORTS 1320 WEST BROADWAY RD MESA, AZ 85202
- 6/24 11AM-1PM WALMART 4915 NORTH PIMA ROAD SCOTTSDALE, AZ 85251
- 6/24 2:30PM-4:30PM WALMART 5010 NORTH 95TH AVENUE GLENDALE, AZ 85305
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 or about one (1) hour into each Remote, and then again at the end of each Remote, for a total of two (2) Qualifier winners per Remote (18 On-Site Qualifiers total). The Qualifiers winner’s names will be announced over the loud speaker at each Remote. MUST BE PRESENT TO WIN. One (1) Qualifier winner will be randomly selected from among all eligible entries received one hour into and then again 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 the potential Qualifier is not present at the Remote when his/her name is announced, he/she will be notified by telephone. Sponsor will make up to three (3) attempts to reach each Qualifier. In the event Sponsor is unable to reach a potential Qualifier after three (3) attempts, he/she will forfeit his right to be a Qualifier, and that Qualifier prize will be awarded to an alternate winner, time permitting.
Retail Keyword: To enter via this method of entry, visit your participating Walmart store located in the Phoenix metro area and look for the Monster Energy ‘Rock UR Wake” display for the special keyword (“Retail Keyword”). Once you find the Retail Keyword, each week during the Sweepstakes Period, text the Retail Keyword to 97936 to be entered into the Retail weekly random drawing (“Weekly Drawing”). All Retail Keywords must be received by 12:00 PM PT (noon) each Friday during the Sweepstakes Period to be eligible for that week’s Weekly Drawing, or by 12:00 PM PT (noon) on June 23, 2017 to be eligible for the final Weekly Drawing. To enter the Retail Keyword without sending a text message, send an email with your complete name, telephone number, and the Retail Keyword to: firstname.lastname@example.org with the “Rock UR Wake” in the Subject Line of the email to receive one (1) entry into that week’s Weekly Drawing. Then, at or about 12:05 PM PT each Friday during each Weekly Drawing period or at 12:05 PM PT on June 23, 2017 for the final Weekly drawing period, six (6) Qualifiers will be randomly selected from among all Retail entries received during the previous week’s Weekly Drawing period, for a total of twenty-four (24) Retail Qualifiers. Non-winning Retail entries from any Weekly Drawing WILL be carried over to subsequent Weekly Drawings. Each of these Qualifiers will be notified by telephone/email on or about the day of the applicable random drawing. Sponsor will make up to three (3) attempts to reach each Qualifier. In the event Sponsor is unable to reach a potential Qualifier after three (3) 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 Retail method of entry depends on the number of eligible Retail entries received in the applicable Weekly Drawing.
Limit one (1) Qualifier per person during the entire Sweepstakes Period.
- How to Win the Grand Prize – To participate in the Grand Prize Event, each Qualifier (as set forth in Sections 3 a-c above) will need to present himself/herself at the Grand Prize Party (“Event”) to be held at Lake Pleasant Marina located at 40202 87th Avenue, Peoria, AZ 85383 on July 3, 2017 between 5:00 PM PT and 8:00 PM PT to be eligible for a chance to win the Grand Prize. Check-in for the Grand Prize Event will be at the KUPD Booth at the Event, and all Qualifiers can begin checking in at 5:00 p.m. and Qualifiers must be checked in prior to 8:00 p.m. to be eligible to participate in the Grand Prize drawing. Substitutes or stand-ins WILL be allowed. All Qualifiers (or his/her Proxy) eligible to compete for the Grand Prize must be present to become a Finalist. Any Qualifier(s) arriving after 8:00 p.m., forfeits his or her participation in this Sweepstakes and therefore his or her chance of winning the Grand Prize. Each Qualifier who is present at the Grand Prize Event and has successfully checked in prior to 8:00 p.m. will be included in a Grand Prize Event random drawing where Sponsor will randomly select five (5) finalists (each, a “Finalist”) from among all Qualifiers who are in attendance and were check in. These Finalists will be eligible for a chance to receive the Grand Prize. Odds of becoming a Finalist depend on the number of Qualifiers at the Grand Prize Event who have successfully checked in, but in no case greater than 1:19.
Then, each of the Finalist’s names will be put into another random drawing. Sponsor will randomly select the Grand Prize winner from among the 5 Finalists, at a to-be-announced time on July 3, 2017 at the Grand Prize Event prior to the fireworks display. That Grand Prize winner’s name will be announced from the KUPD Booth during the Event. MUST BE PRESENT TO WIN. Odds of being the Grand Prize winner are 1:5.
- Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize – A 2005 Supra Launch 22 Wakeboard Boat H.I.N. #ISRHV002G405. ARV: $24,000.00; OR In lieu of the receiving the Boat as the Grand Prize, the Grand Prize winner may elect to receive a $10,000 check/cash from Action Watersports. If the Grand Prize winner accepts the Boat 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 boat ownership, including, but not limited to, those dealing with the registration, licensing and insuring of a boat. License/title fee, administrative fees and sales and boat taxes are NOT included in the Grand Prize. Boat described, displayed and/or pictured may not be the actual boat awarded. Boat 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 boat 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 boat 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 boat from the time the boat is delivered to or picked up by the Grand Prize winner.
Ninety-nine (99) Qualifier Prizes (57 On-Air; 18 On-Site; and 24 Retail)– Two (2) tickets to the Deftones concert on Sunday, July 9, 2017 at the Ak-Chin Pavilion located at 2121 North 83rd Ave, Phoenix, AZ 85035 and one (1) free parking pass to the July 3, 2017 Fireworks Display at the Lake Pleasant Marina located at 40202 8th Ave, Peoria, AZ 85383 for the Event. ARV: $70.00 each.
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.
- 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.
- 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.
- 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.
- 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.
- 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 the Website until July 24, 2017. For the name of the Grand Prize winners, send a self-addressed stamped envelope by July 1, 2017, to: 98KUPD Rock UR Wake with Monster Energy and Action Watersports Sweepstakes Winners, 1100 North 52nd Street, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.