98KUPD – “Toyota Tacoma Excellent Adventure” Sweepstakes
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 “Toyota Tacoma Excellent Adventure” Sweepstakes(the “Sweepstakes”) is open only to listeners who are: (i) 18 years of age or older; and (ii) a permanent resident in Arizona, stationed at a military installation in Arizona, or a valid full-time student registered at a campus, university or educational institution within Arizona. 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 KUPD, 1100 North 52ndStreet, Phoenix, Arizona 85008 (the “Sponsor”), Toyota Motor Sales U.S.A., Inc., Valley Toyota Dealers Association, Inc., Bass Pro Shops (collectively, the “Promotional Participants”), Hubbard Radio, LLC, (collectively with Sponsor and Promotional Participants, the “Released Parties”), any radio, television or other media companies located in the Phoenix metropolitan 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 any of the foregoing parties 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 July 29, 2019, at 12:00:01 AM Mountain Standard Time (“MST”) and ends on August 25, 2019 at or about 11:59:59 PM MST (the “Sweepstakes Period”).
- How to Enter: There are Three (3) ways to enter for a chance to win a Qualifier Prize. Each Qualifier Prize winner also qualifies for one (1) entry into the Grand Prize random drawing (each a “Qualifier”):
(i). Tap That App: (10 winners) To enter this Tap That App method of entry, from 12:00 AM MT on July 29, 2019 through 11:59:59 PM MT on August 25, 2019 (“Tap That App Entry Period”), listeners must register on the 98KUPD Stream Player at www.98KUPD.com(“Website”) or on their respective mobile device. Then, listen to 98KUPD through the Stream Player during the Sweepstakes Period, and for every twenty (25) hours or more you listen through the 98KUPD Stream Player in any given week during the Sweepstakes Period, you will be eligible to receive one (1) entry into the random drawing. To be entered, each registered listener must also complete and submit an online entry form found at the “Kickstart” rewards detail page. To enter without listening for twenty five (25) hours per Week or more, email your complete name, date of birth, email address and telephone number in the body of the email, and put “Tap That App – Excellent Adventure” in the subject line and email to: email@example.com, to be received by 11:59:59 a.m. MT on August 25, 2019. Limit of one (1) email entry per eligible contestant per week. Sponsor is not responsible for lost, late, delayed, incomplete or returned emails.
Each following week at 12:00 PM MT on Monday during the Tap That App Entry Period (7/29/2019 thru 8/25/2019), Sponsor will randomly select two (2) Qualifiers per random drawing from among all eligible entries received up until the week of each random drawing, for a total of 10 Qualifiers via the Tap That App method of entry. Any non-winning entries from any Tap That App random drawing WILL NOT roll over into subsequent random drawings. Odds of winning via this method of entry depends on the number of eligible entries received by each random drawing. Each potential Qualifier will be notified by direct message on or about the day they are selected as a potential winner. Sponsor will make up to one (1) attempt to reach each Qualifier. In the event Sponsor is unable to reach a potential Qualifier after one (1) attempt, he/she will forfeit his right to be a Qualifier, and that Qualifier prize will be awarded to an alternate winner, time permitting.
(ii). Text Keyword: (20 winners) To enter via this method of entry, you must listen to 98KUPD each weekday morning (Mon-Fri) beginning on Monday, July 29, 2019 and ending on Friday, August 25, 2019 at 11:00 AM MT for the DJ to announce a daily keyword (“Keyword”). Upon hearing and seeing the Keyword, you will have until 12:00 PM MT each weekday the Keyword is announced to either text the Keyword to 97936, or send an email with your complete name, telephone number, and the Keyword to: firstname.lastname@example.org the “Excellent Adventure” in the Subject Line of the email. Limit one (1) entry per person/mobile phone/email address per Keyword/day. There will be one (1) Qualifier selected each weekday via this method of entry, for a total of ten (20) text Keyword winners. All entries must be received by 12:00 PM MT each weekday the Keyword is announced to be entered into that day’s/Keyword’s random drawing. Odds of winning depend on the number of eligible entries received in each day/Keyword. All non-winning entries from any day/Keyword willNOTbe carried over to subsequent days. Any entry that doesn’t contain the proper Keyword, or that is sent after 12:00 PM MT will be disqualified and that entry attempt will not be eligible for that Keyword/day’s random drawing. Then, at or about 12:01 PM MT each weekday a Keyword is announced, the DJ will randomly select one (1) entry from among all eligible entries received and will call the entrant. In the event the entrant does not pick up his/her phone during the call, that entrant will automatically be disqualified, and an alternate will be selected and contacted. This will continue until a DJ is able to call and the caller picks up the call to be deemed a Qualifier, to receive a Qualifier Prize and receive one (1) entry in the Grand Prize random drawing.
TEXT MESSAGE RATES MAY APPLY. Note that webcasts of Stations’ 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.
(iii). Check-In w/ Mobile App: (10 winners) To enter via this method of entry, eligible listeners must register on the 98KUPD Stream Player (the “App”) at http://www.98kupd.com(“Website”). Once registered, visit your participating Valley Toyota Dealer locations (listed below) each day beginning July 29, 2019and ending August 25, 2019Sweepstakes Period to “Check In” to automatically receive one (1) entry into the Sweepstakes. Limit one (1) “Check-In” entry per person per day. All “Check-In” entries must be received by 11:59:59 PM MT on August 25, 2019 to be eligible for the Check-In random drawing. Sponsor is not responsible for telephone line unavailability, busy signals on the Sweepstakes line, operator interference, technical or atmospheric conditions that disrupt the completion of the entry, internet, app, Wi-Fi, or other technical malfunctions which may or may not result from this Sweepstakes. Then, on or about August 26, 2019, ten (10) winners will be randomly selected from among all Check-In entries received during the Sweepstakes Period to be deemed a Qualifier. Sponsor will notify each potential Qualifier by telephone or email and will make up to one (1) attempt to reach each Qualifier. In the event Sponsor is unable to reach a Qualifier after one (1) attempt, he/she will forfeit his/her right to be a Qualifier and to receive a First Prize, and an alternate may be selected, time permitting, at Sponsor’s sole and absolute discretion. There will be a total of no more than ten (10) Qualifiers via the Check-In method of entry. All Qualifiers must meet the eligibility requirements of these Official Rules. Odds of winning via the Check-In method of entry depend on the number of eligible entries received during the entire Sweepstakes Period via this method of entry.
Camelback Toyota –1550 East Camelback Road Phoenix, AZ. 85014
Right Toyota –7701 East Frank Lloyd Wright Scottsdale, AZ. 85260
Avondale Toyota –10005 West Papago Frwy. Avondale, AZ. 85323
AutoNation Toyota Tempe –7970 South Autoplex Loop Tempe, AZ. 85284
Bell Road Toyota –2020 West Bell Road Phoenix, AZ. 85023
Ernhardt Toyota/Scion –6136 East Autoloop Avenue Mesa, AZ. 85206
Big Two Toyota of Chandler –1250 South Gilbert Road Chandler, AZ. 85286
Riverview Toyota –2020 West Riverview Auto Drive Mesa, AZ. 85201
Larry H.Miller Toyota Peoria– 8633 West Bell Road Peoria, AZ. 85382
Toyota of Surprise –13543 North Auto Show Avenue Surprise, AZ. 85388
4. Qualifier Event/How to Win Grand Prize: At the conclusion of the Sweepstakes Period, all Qualifiers will be put into one pool for the Grand Prize random drawing, to be conducted by Sponsor. Odds of winning the Grand Prize are 1:40. The Grand Prize random drawing will be conducted on or about Monday, August 26, 2019 at or about 12:00PM MST and the potential Grand Prize winner will be contacted via phone or email. Winner must respond to the winner notification within 24 hoursor that potential winner will forfeit his/her right to the Grand Prize, and Sponsor will randomly select an alternate potential Grand Prize winner from among all remaining Qualifiers. This process will continue until a potential Grand Prize winner responds to a winner notification within the allotted period of time.
5. Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize – $3,000.00, awarded in the form of a check. ARV: $3,000.00.
Forty (40) Qualifying Prizes – Two (2) tickets to Incubus concert at the Comerica Theatre on Thursday, October 24, 2019. ARV: $110.00 each. The tickets are subject to the terms, conditions and restrictions as printed on the tickets. Parking and transportation are not included as part of the Qualifying Prize. Tickets may not be exchanged for any other show. Tickets may not be sold on Craigslist, eBay or any other third party site. Sponsor is not responsible for any concert that is postponed, delayed or cancelled for any reason. Winner and his/her guest acknowledge and agree that if any alcohol is consumed by the winner and his/her guests, such alcohol consumption is at the sole discretion and risk of the winner and his/her guest and the sponsors are not responsible for any cost, damages, liability or circumstances resulting from such alcohol purchases/consumption. Limit one (1) Qualifier per person during the entire Sweepstakes Period.
Prizes are not transferable, assignable or redeemable for cash. No prize substitutions allowed except that Sponsor may substitute a prize for one of equal or greater value for any reason. The Prize winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. The Prize winners are responsible for paying all applicable income taxes associated with accepting their Prize. The Grand Prize winner will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. A 1099 form will be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winner accepts the Grand Prize and is responsible for the applicable taxes.
6. Claiming the Prizes: Upon winner verification, as a condition of being named the official Prize winner, each Prize winner must claim his/her prize in person at the Station, 1100 North 52ndStreet, Phoenix, Arizona 85008,during normal business hours (9 a.m. – 5 p.m., M-F) within thirty (30) daysafter being notified that the Prizes are available to be picked up. Each Prize winner must prove he or she is a qualified winner by presenting acceptable identification (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. All unclaimed or returned prizes remain the property of Sponsor.
7. 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 (including a recording of the winner’s telephone call to the station) and/or address (city/state) without any additional compensation. By calling in to participate in this Sweepstakes, each participant consents to his or her voice and telephone conversation being recorded and/or broadcast.
8. 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 prizes 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.
9. 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.
10. 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.
11. Sweepstakes Winners/Official Rules: For a copy of these official rules, or the names of the Sweepstakes winners’, send a hand-printed, self-addressed, stamped envelope by September 26, 2019 to: Winners List/Official Rules (designate which), KUPD Toyota Tacoma Excellent Adventure Sweepstakes, 1100 North 52ndStreet, Phoenix, Arizona 85008.
12. Sponsor: Hubbard Radio Phoenix, LLC and its station KUPD, 1100 North 52ndStreet, Phoenix, Arizona 85008.