“NEW YEAR, NEW YOU.” OFFICIAL CONTEST RULES.

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.  Void where prohibited.

 

ELIGIBILITY: Southwestern Eye Center’s  "New Year, New You." (the "Contest") is open only to legal residents of Arizona who are at least eighteen (18) years old at the time of entry. No purchase or appointment necessary to enter or win. Purchase or appointment will not increase your chance of winning. Only one entry per person / per email address is allowed during the Promotional Period. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Southwestern Eye Center, or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prize, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or play. "Immediate family members" shall mean parents, stepparents, children, stepchildren, siblings, step siblings, or spouses. "Household members" shall mean people who share the same residence at least three months in one calendar year.

 

SPONSOR:  Tempe Radio, Inc. dba 98KUPD-FM 1900 West Carmen Tempe, AZ 85283

 

PROMOTIONAL PERIOD: 

1. The Contest starts on Monday, January 28^th, 2013 at 10a.m. Mountain Standard Time (MST). All entries must be submitted by Monday, February 18^th, 2013 at 11:59p.m. (MST). One (1) winner will be randomly selected from all eligible entries received. 

 

WINNER NOTIFICATION:

1. A total of one (1) winner will be listed on www.98kupd.com on the contest page , contacted by email and called on February 19^th, 2013 by 5p.m. (MST). Winner is selected by 98KUPD management team, from among all eligible online entries received and combined. Winners may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within 48 hours of prize notification. The winning contestant may also sign such forms as are necessary in order to report the value of the prize to the IRS as income to the winner as well as verify their mailing address prior to issuance of prize. Winners must respond within 48 hours to the notification email/phone call. If a prize or prize notification is returned as undeliverable or is not responded to within 48 hours, the prize will be forfeited automatically in its entirety and a second (2nd) place winner will be selected at random. The same notification and verification procedures will be in force until such a time a winner has been officially notified and this individual will have fully complied with the stated eligibility and verification procedures. In the event of a dispute regarding the identity of an entrant, the entry will be deemed submitted by the person who is named in the entry materials.

  

2. All entries received that are duplicate, mutilated, tampered with, illegible, or from ineligible entrants will be void. All entries become the property Sponsor and will not be acknowledged or returned.

 

 

THE PRIZES:

The prize to be awarded is free LASIK ($4,390 value), and must be used by April 30, 2013. The surgery must be performed at the Phoenix, Bell Road location.  

 

1. If the winner is not a candidate for LASIK after their initial consultation, he/she will be given the opportunity to select glasses/contacts up to the amount of $400.  If the winner is a better candidate for another procedure (such as ICL or Lensectomy), the winner will have to pay the remaining balance over $4,390.

 

2. Sponsor does not have right to substitute a prize of similar value.  Prizes cannot be transferred, assigned, substituted or redeemed for cash, except at Sponsor’s sole discretion as provided herein. 

 

3.  If necessary, the winners are responsible for paying all local, county, state and federal taxes on prizes based on the estimated retail value of the prizes as set forth in these rules. 

 

4.  Entrants are eligible to win only one prize from Sponsor within any one hundred and eighty (180) day period, regardless of the number of contests entered.

 

5.  Sponsor is not liable if the provider of any part of the prize fails to satisfy its obligations to furnish its portion of the prize. 

 

6. Sponsor is not responsible for any liabilities arising directly or indirectly from the award or use of the prize.

 

7. Entrants will be requested to allow Sponsor and/or its agents the right to use their names and/or likenesses for advertising and publicity purposes without additional compensation for Southwestern Eye Center updates and announcements. 

 

8. If necessary, the winners are responsible for paying for all or any travel expenses incurred by visiting the Southwestern Eye Center Phoenix, Bell Road Location for the office visits and/or procedure.

 

ODDS:

The actual odds of winning any prize depend upon the total number of eligible entries received during the Promotional Period.

 

HOW TO ENTER:

During the Promotional Period of the Contest (January 28th, 2013 to February 18^th, 2013), visit http://www.98kupd.com (the "Contest Page") to sign up. Click on the ‘Contest Tab’ to follow the instructions to register your valid entry information. Please be advised: only the person submitting the information will be entered.  By entering your (“Submission”), you agree that your Submission conforms to the Conditions Of Participation as defined below.

 

CONDITIONS OF PARTICIPATION:

By entering, entrants agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsor and judges, which are final and binding. By accepting a prize, winners consent to the use of their names, images, likenesses, photographs, voices, and biographical materials for advertising, publicity, and promotional purposes by Sponsor, or party designated by the Sponsor, in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law. Entrants release and hold harmless Releasees from any claims, actions, injury, loss, or damage of any kind, including but not limited to, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in this Contest or from the acceptance, possession, or use or misuse of the prize (including any travel/activity related thereto). This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Entrants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Contest.

 

 

 

LIMITATIONS OF LIABILITY:

1. By participating, entrants agree (a) to abide by and be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding; and (b) to release Sponsor and their respective affiliates, subsidiaries, agents, award supplier, and their respective officers, directors, employees, agents, and representatives from all liability in connection with any prize received in this Contest or from participating in this Contest or any prize-related activities.  Entrants waive the right to assert, as a cost of receiving prize, any and all costs of redemption.

 

2. If the winner is not a candidate for LASIK after their initial consultation, he/she will be given the opportunity to select glasses/contacts up to the amount of $400.  If the winner is a better candidate for another procedure (such as ICL or Lensectomy), the winner will have to pay the remaining balance over $4,390.

 

3. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Tempe Radio, Inc. dba 98KUPD and Southwestern Eye Center’s Management is not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

 

In the event of a dispute regarding any Submission, the authorized account holder of the email address used to register will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

 

4. Sponsor reserves the right to make rules and Contest changes and change the aforementioned Promotional Period dates.

 

5. Sponsor is not responsible for any late, lost, incomplete or misdirected entries, or for technical problems in connection with the transmission or receipt of entry, including faulty electronic transmission, traffic congestion on the internet or on the website, hardware or software error, equipment failure or malfunction, or other online communications problems.  No liability or responsibility is assumed by Sponsor resulting from user’s attempt to participate in the Contest or download any information in connection with participating in the Contest.  Sponsor reserves the right in its sole discretion, to disqualify any individual (and all of his/her entries) who tampers with the entry process.  CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.  IN THE EVENT THE CONTEST IS COMPROMISED BY VIRUS, BUGS, NON-AUTHORIZED HUMAN INTERVENTION OR OTHER CAUSES BEYOND THE CONTROL OF SPONSOR WHICH CORRUPTS OR IMPAIRS THE ADMINISTRATION, SECURITY, FAIRNESS OR PROPER PLAY OF THE CONTEST, SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MODIFY, SUSPEND OR TERMINATE THE CONTEST, AND TO AWARD THE PRIZES FROM AMONG ALL ENTRIES RECEIVED PRIOR TO ACTION TAKEN BY SPONSOR.