98KUPD – ‘CHANCE TO WIN A 2018 INDIAN SCOUT BOBBER MOTORCYCLE’ 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 – ‘Chance to Win a 2018 Indian Scout Bobber Motorcyle’ 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 52ndStreet, Phoenix, Arizona 85008(the “Sponsor”), DD’s Performance , Indian Motorcycles, The Roadhouse in Cave Creek (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 April 2, 2018, at or about 12:00:00 AM Pacific Time (“PT”) and ends on April 17, 2018 at or about 11:59:59 PM PT (the “Sweepstakes Period”).
- How to Enter.There are five (5) ways to become a Qualifier in this Sweepstakes and be entered for a chance to win the Grand Prize:
a). On-Air:To enter this method,listen to 98KUPD each weekday at 8:00 AM PT, 11:00 AM PT, and 3:00 PMPT from April 2, 2018 through Tuesday, August 17, 2018 (each, an “Hourly Entry Period”) for a Indian Scout Bobberkeyword to be announced on-air (each, a “Keyword”). Upon hearing the Keyword, you will have until the endof thatHourly Entry Periodto 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 the “Indian Scout Bobber” 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 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 thirty-six (36) entriesper person/email address/cellular number for the entire Sweepstakes Period.
One (1) Qualifier winner will be selected during each Hourly Entry Period, for a total of thirty-six (36) On-Air Qualifiers total, selected 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) minutesafter 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 NOTroll 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.
b). On-Site: To enter via this method of entry, attend one of the 98KUPD Indian Scout Bobber on-site radio Appearances to occur at the following locations on the dates and times listed below (each, a “Appearance” or collectively, “Appearances”):
- 4/4 5pm-7pm DD’s Performance 8420 East Butherus Drive, Suite 101 Scottsdale AZ
- 4/11 5pm-7pm DD’s Performance 8420 East Butherus Drive, Suite 101 Scottsdale AZ
- 4/14 12pm-4pm The Roadhouse 6900 East Cave Creek Road Cave Creek AZ
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 Appearance. All Appearance entries must be received by the end of the applicable Appearance set forth above. A random drawing will occur at the end of each hour of each Appearance, for a total of (8 On-Site Qualifiers total). The Qualifiers winner’s names will be announced over the loud speaker at each Appearance. MUSTNOTBE PRESENT TO WIN. One (1) Qualifier winner will be randomly selected each hour from among all eligible entries received. Odds of winning via this method of entry depends on the number of eligible entries received at each Appearance by the time each drawing occurs. 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.
c). Enter at 98KUPD’s Official Facebook Page: To enter via the Facebook method of entry, listeners must visit the 98KUPD Official Facebook page at www.facebook.com/98KUPD (“Facebook Page”). Then, find the Indian Scout Bobber mention on the left tool bar during the Sweepstakes Period 12:00:00AM April 2, 2018 thru 11:59:59PM April 17, 2018 to find, complete and submit the Facebook entry form to receive one (1) entry into the Grand Prize random drawing. All Facebook entries must be received by 11:59:59 PM PT Daily to be eligible for the Daily random drawing.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook. By entering, you are providing the information to Sponsor, and not to Facebook.
Then, each following Weekday during the contest period (4/2/2018 thru 4/17/18), Sponsor will randomly select one (1) Qualifier per Day random drawing from among all eligible entries received up until the day of each random drawing, for a total of 16 Qualifiers via the Facebook method of entry. Any non-winning entries from any Facebook random drawing WILLroll 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.
Limit one (1) entry per person during the entire Sweepstakes Period, regardless of the method of entry. 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. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification. Facsimile and mechanically reproduced entries will not be accepted. Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to any participation by an email Entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a phone number by 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. The potential winner may be required to show proof that he/she is the authorized account holder.The potential winner may be required to show proof that he/she is the authorized account holder. All entries submitted become the sole property of Sponsor and will not be returned. Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in their sole discretion.
NEED PUBLIC PROFILE: If entering via Facebook, entrants must adjust their Facebook account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Facebook account settings to ‘Public’, and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant’s burden to take any steps necessary to adjust their Instagram or Facebook account settings so that messages can be sent by Sponsor. An Entrant’s non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Facebook account settings, shall be entrant’s, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant’s entry for any reason, including the failure on behalf of entrant to adjust their Facebook account settings accordingly. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s Facebook or email accounts provided upon registrations to administer and fulfill this Sweepstakes.
d). Sign Up To Win Box at DD’s Performance: To enter via this method of entry, visit DD’s Performance during the contest period Monday, April 2, 2018 at 1200AM through Tuesday, April 17, 2018 11:59:59PM and find the sign up box to fill out an entry form. One (1) entry person. Forms must be complete. Then, on April 18, 2018, five (5) Qualifiers will be randomly selected from among all entries received. This Qualifier will be notified by telephone/email on or about the day of the random drawing. Sponsor will make up to one (1) attempts to reach this Qualifier. In the event Sponsor is unable to reach the potential Qualifier after one (1) 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 drawing method of entry depends on the number of eligible entries are received.
e). Tap That App: To enter this Tap That App method of entry, from 12:00 AM PT on April 2, 2018 through 11:59:59 PM PT on April 17, 2018 (“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 four (4) hours or more you listen through the 98KUPD Stream Player in any given day 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 “Bobber” rewards detail page. To enter without listening for four (4) hours per Day 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 – Indian Scout Bobber” in the subject line and email to: bobber@98KUPD.com, to be received by 11:59:59 a.m. MT on April 17, 2018. Sponsor is not responsible for lost, late, delayed, incomplete or returned emails. Limit one (1) entry per Day for a total of sixteen (16) entries, regardless of how many hours each listener listens per Day.
Each following weekdayday at 12:00 PM PT during the Tap That App Entry Period (4/2/2018 thru 4/17/2018), Sponsor will randomly select one (1) Qualifier per random drawing from among all eligible entries received up until the day of each random drawing, for a total of 16 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.
Limit one (1) Qualifier per person during the entire Sweepstakes Period.
- Finalist Random Drawing –Five (5) Finalists –At 7:30 PM PT on April 20, 2018, Sponsor will randomly select five (5) Qualifiers to become Finalists, from among all Qualifiers checked in at the KUPD booth at the festival grounds. All qualifiers must attend UFESTon Friday, April 20, 2018 to be eligible for the grand prize drawing. Odds of becoming a finalist are 1:15. Finalists must be in attendance and will be announced from the broadcast stage at that time. Sponsor will make up to two (2) attempts to reach each Finalist. In the event Sponsor is unable to reach the potential Finalist after two (2) attempts, he/she will forfeit his right to be a Finalist, and another potential Finalist will be selected, time permitting.
- 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 broadcast stage at a designated time, determined that afternoon at the grounds of the festival, to conduct the grand prize giveaway. Check-in for the Grand Prize Event will be at the 98KUPD Booth at the Event, next to the Broadcast Stage, and all Finalists can begin checking in at 3:00 p.m. and Finalists must be checked in prior to 6:00p.m. to be eligible to participate in the Grand Prize drawing. Substitutes or stand-ins WILL be allowed. All Finalists (or his/her Proxy) eligible to compete for the Grand Prize must be present to participate.Any Finalist arriving after 6:00pm PT, forfeits his or her participation in this Sweepstakes 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 6:00p.m. will be included in a Grand Prize Event random drawing where Sponsor will randomly select one (1) Grand Prize winner from among all Finalists who are in attendance at the Event and were check in. Odds of becoming the Grand Prize winner depend on the number of Qualifiers at the Grand Prize Event who have successfully checked in, but in no case greater than 1:5. That Grand Prize winner’s name will be announced from the 98KUPD Broadcast Stage during the Event. MUST BE PRESENT TO WIN.
- Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize– A 2018 Indian Scout Bobber Motorcycle VIN# 56KMTA005J3128677 . ARV: $13,141.29; OR In lieu of the receiving the Motorcycle as the Grand Prize, the Grand Prize winner may elect to receive a $4,000 check/cash from DD’s Performance. If the Grand Prize winner accepts the Motorcycle 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 vehicle ownership, including, but not limited to, those dealing with the registration, licensing and insuring of a vehicle. License/title fee, administrative fees and sales and boat taxes are NOT included in the Grand Prize. Vehicle described, displayed and/or pictured may not be the actual motorcycle awarded. Vehicle 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 motorcycle, (b) understands and acknowledges that the ownership and/or use of a vehicle 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 vehicle 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 vehicle from the time the vehicle is delivered to or picked up by the Grand Prize winner.
Seventy Five (81) Qualifier Prizes (36 On-Air; 8 On-Site; 16 KUPD App, 16 Facebook, and 5 DD’s Performance)– Two (2) tickets to UFEST 2018 concert on Friday, April 20, 2018 at the Riverview Park in Mesa, AZ . ARV: $49 each ticket.
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 potentialwinner 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) within 30 days of winner verification and prior to C.O.B. the date of the event Friday, April 20, 2018.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.
- Privacy Policies and Data Collection: Information provided by you for this Sweepstakes on the
- 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 May 20,
2018.For the name of the Grand Prize winner, send a self-addressed stamped envelope by May 20, 2018 to: 98KUPD Chance to Win a 2018 Indian Scout Bobber SweepstakesWinner, 1100 North 52ndStreet, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD,1100 North 52ndStreet, Phoenix,