98KUPD GENERAL CONTEST RULES

98KUPD – STANDARD SWEEPSTAKES AND CONTEST OFFICIAL RULES 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.  

BY ENTERING OR PARTICIPATING, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

1. Eligibility: 98KUPD’s sweepstakes and contests are open only to listeners 18 years or older (or 21 years of designated by Sponsor for any particular sweepstakes or contest) 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. No purchase necessary to enter. Employees of Hubbard Radio Phoenix, LLC and its radio station 98KUPD, 1100 North 52^nd Street, Phoenix, Arizona 85008 (hereinafter, the “Sponsor,” “Station” or “98KUPD”), Hubbard Radio, LLC, or any of their respective affiliates, subsidiaries, advertising agencies, any prize providers for any sweepstakes or contest (collectively with Sponsor, 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 a contest or 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.  All sweepstakes and contests are subject to all applicable federal, state and local laws and regulations and these official rules.  Participation in any sweepstakes or contest 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 in these Official Rules.

2. When to enter or participate: Sweepstakes or contests start and end dates and times will typically be stated on the Station Website, social media posts, on the App or announced on-air. Only entries made during an announced sweepstakes or contest period will be included in the sweepstakes or contest.

3. How to Enter: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. There are a variety of ways to enter a contest or sweepstakes, as specifically announced by Sponsor. If there are not specific official rules associated with a particular contest or sweepstakes, then these Official Rules will govern. However, if there are specific rules associated with a particular contest or sweepstakes, the specific rules will govern the terms of that particular contest or sweepstakes. The following is a list of the various methods of entry offered by Sponsor. Sponsor is not responsible for lost, late, misdirected, undeliverable, incomplete or illegible entries or technical difficulties arising out of submitting an entry in any sweepstakes or contest.

To enter an online sweepstakes, listeners enter online by visiting www.98kupd.com, (“Website”) and following the instructions to submit an entry for that particular sweepstakes.

To enter an on-air sweepstakes or contests, listeners can enter or participate as explained by the on-air talent (i.e., be caller #10, etc., correctly answer a trivia question, etc.) on 98KUPD.  By calling into the Station to participate in any sweepstakes or contest, that caller hereby grants Station the right to broadcast the call on its airways at Sponsor’s sole discretion.  Note that webcasts of Station’s programming are typically on a delayed basis, which may affect participation in a sweepstakes or contest. Sponsor will not accept collect calls. Sponsor is not responsible for telephone line unavailability, busy signals on the sweepstakes or contest line, operator interference, technical or atmospheric conditions that disrupt the completion of the phone call, telephone system malfunctions, or any other telephone problems which may or may not result from the sweepstakes or contest.

To enter a Facebook sweepstakes, visit the 98KUPD page (or a specific 98KUPD DJ’s page, if applicable) on Facebook page, and find the post on the page for the sweepstakes. Then, perform the task as required in the post to receive an entry into that particular  sweepstakes. The Station Facebook contests and sweepstakes are not sponsored, endorsed, administered by or associated with Facebook. By entering, you are providing the information to the Station, and not Facebook.

To enter an Instagram sweepstakes, visit the 98KUPD page (or specific 98KUPD DJ’s page, if applicable) on Instagram page, scroll down to find, the specific sweepstakes post and perform the task as specifically explained in the post to receive an entry into the sweepstakes or contest. The Station Instagram sweepstakes are not sponsored, endorsed, administered by or associated with Instagram. By entering, you are providing the information to the Station, and not Instagram.

To enter text message sweepstakes, listeners will be asked to use a text-messaging enabled wireless device to text a specified “keyword” or to text the answer to a question asked on-air and send the text to a specified number. After submitting the text, each entrant will then receive a confirmation text verifying the text was received and an entry into the sweepstakes. Standard text and data rates may apply according to the terms and conditions of an entrant’s service agreement with their wireless carrier. Each wireless carrier’s rate plan may vary, and entrants should contact their wireless carrier for information on text messaging rate plans and charges relating to your participation in the sweepstakes. Any text message form of entry into a sweepstakes will be deemed made by the named account holder whose mobile phone number is assigned at the time of entry to the text-messaging enabled wireless device used to text the entry.

To enter a 98KUPD App sweepstakes, entrants must register the 98KUPD stream player available on the Sponsor’s Website (www.98kupd.com) or by downloading the 98KUPD mobile app on a mobile device (collectively, the “App”). Registration on the App is free but is required to enter any 98KUPD App sweepstakes. Entrants will then be asked to perform a specific task (such as filling out an entry form, tapping the track when a certain song or artist is played on-air, entering a code or keyword announced on-air, etc.). Once an entrant performs the task as announced by Sponsor for a particular sweepstakes, the entrant will receive one entry into that sweepstakes.

For any sweepstakes or contest, all entries or participation must be received or occur by the deadlines announced by Sponsor for that particular sweepstakes or contest. Unless otherwise indicated on our website, the App, social media channels, or as explained by our on-air talent or in our on-air promotions, there is a limit of one entry or play per person per sweepstakes or contest per day; any person submitting more than one entry or playing more than once per day per person, unless otherwise indicated by Sponsor for a specific sweepstakes or contest, may be disqualified at Sponsor’s sole discretion.

Sponsor is not responsible for problems accessing the Website, Facebook or Instagram page, the App, or for problems sending a text, or for technical or atmospheric conditions that disrupt the completion of an entry, or for telephone line unavailability, busy signals on the sweepstakes or contest line, operator interference, technical or atmospheric conditions that disrupt the completion of the phone call, telephone system malfunctions, or any other telephone problems, technical glitches, or human error which may or may not result from attempting to enter a sweepstakes and contests.

4. Sweepstakes random Drawing(s) and winner notification: Where applicable, a random drawing may occur on the dates and times listed on or accompanying the sweepstakes announcement to select a winner or winners. For any single random drawing, the random drawing will occur on the business day following the end date of the sweepstakes period. For any weekly random drawing, the random drawing will occur each Monday of the sweepstakes period unless noted otherwise on accompanying sweepstakes announcement. For any daily random drawing, the random drawing will occur on the following business day unless otherwise announced in connection with a particular sweepstakes. Odds of winning a prize in any sweepstakes via a random drawing depend on the number of eligible entries received in that particular sweepstakes. Sponsor will conduct the random drawing(s) from among all eligible entries received in a specific sweepstakes by that sweepstakes’ deadline.  Winners will be notified by email, direct message through the App or social media site in which the entrant entered a sweepstakes, or by telephone, on or about the day they are selected as a potential winner (“Winner Notification”). Each potential winner will have 5 days (or the amount of time specified by Sponsor for any particular sweepstakes) from the date of the Winner Notification is sent by Sponsor to reply to the Winner Notification by confirming eligibility, confirming a mailing or email address (if applicable), and/or scheduling a prize pick-up date with Sponsor, subject to Sponsor’s approval and discretion. In the event any winner fails to respond to the Winner Notification within the timeframe specified by Sponsor, that winner forfeits their right to the prize and that prize may be awarded to an alternate winner, time permitting, at Sponsor’s sole discretion. Sponsor is not responsible for any Winner Notification that is misdirected, unopened, not received or for any technical glitches associated with the sending and/or receiving of the Winner Notification.

5. Prizes and Approximate Retail Values (“ARV’s”) – The specific prize(s) and ARV of each prize available to be won in each sweepstakes or contest will be as specifically listed in the announcement accompanying the sweepstakes or contest. Prizes consist of only those items specifically listed as part of the prize. Taxes are winner’s sole responsibility. Prizes are not transferable, substitutable, and may not be redeemed for cash. Sponsor reserves the right to substitute any prize, or portion thereof, for any reason at Sponsor’s sole discretion. Any limitations on any prize will be provided at the time the prize is awarded. All prizes are subject to the terms, conditions and restrictions accompanying the prize. Any warranties and guarantees on any prizes are subject to the manufacturer’s warranties and guarantees, if applicable. All prize images which may be featured in any sweepstakes or contest announcement are for illustrative purposes only and the actual prize may vary in color, size, make and/or model, at Sponsor’s sole discretion.  For any concert or event prize, Sponsor is not responsible to award the prize if a concert or event is cancelled, postponed or delayed. In the event a concert or event is canceled, postponed or delayed, the winner forfeits their right to the prize once it becomes unavailable for any reason, at Sponsor’s sole discretion and no alternate prize will be awarded in such instance. All events and concerts are subject to the rules, restrictions and requirements of the venue the event or concert is taking place. Limit one (1) concert or event prize per person per event or concert.

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. Winners may be required to sign a liability and/or publicity release and W9 tax form (collectively, “Prize Release”) prior to issuance of a prize, at Sponsor’s sole discretion. A 1099 form may be submitted to all appropriate taxing authorities.  By signing a Prize Release (if applicable), each winner accepts the prize, and even if the winner does not use the prize, that winner will be responsible for the applicable taxes.

6. Claiming the Prize: Upon winner verification through the Winner Notification process set forth in Official Rule #4 above, and upon receipt of the completed Prize Release documents, if required, the winner(s) will be told how they will receive their prize in one of the following three ways, as determined by Sponsor in its sole discretion: (1) Prize Pick-Up: as a condition of being named an official winner, each potential winner must claim his/her prize in person at 98KUPD Studios located at 1100 North 52^nd Street, Phoenix, Arizona 85008, during normal business hours (Monday-Friday, 9:00 a.m. to 5:00 p.m. MST) on the pick-up date scheduled during the Winner Notification and verification process. Failure to comply with any deadline shall be deemed to be the winner’s forfeiture of their right to claim the Prize. The winner must prove they are the qualified winner by presenting acceptable identification (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) upon prize pick-up.  If a winner cannot prove they are the actual prize winner, the prize will not be awarded. OR (2) Prize Mailed: Sponsor will mail out the prize to the winner, to the street address provided by winner during the Winner Notification and verification process. OR (3) Prize Emailed: Sponsor will email the prize to the winner to the email address provided by the winner during the Winner Notification and verification process. In the event the prize is an electronic ticket to an event or concert, once emailed, Sponsor is no longer responsible for the transmission, downloading, printing, transferring of any other action associated with the electronic ticket, which is the sole responsibility of the winner. Sponsor is responsible for any technical glitches associated with the emailing of any prize, or for lost, late, stolen, mutilated, damaged, or delayed emailing or mailing of any prize. All unclaimed or returned prizes remain the property of Sponsor, which may be used in any manner by Sponsor in its sole discretion.
7. Entry Conditions and Release: By entering, each entrant 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 any sweepstakes or contest offered by Sponsor; (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 entry, participation in any sweepstakes or contest, and acceptance or use or misuse of any prize; and (c) indemnify, defend and hold harmless the Released Parties, including their parents and affiliates, from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in any sweepstakes or contest and/or a winner’s acceptance, use or misuse of prize.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify any sweepstakes or contest, or any part thereof, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, hurricane, 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 a sweepstakes or contest, as determined by Sponsor in its sole discretion. If a sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner(s) via random drawing(s) from all eligible, non-suspect entries received as of the event giving rise to the termination of a particular sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of any sweepstakes or contest, or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of any sweepstakes or 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 prizes described in connection with any sweepstakes or contest will actually be awarded. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision herein. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, the remainder of these Official 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. Publicity Release: Acceptance of any prize constitutes winner’s consent to Sponsor to use, publish, and reproduce for all purposes, including publicity, promotion and advertising, in any medium (including online and offline) the prize winner’s name, city, (photograph, likeness, voice and image, if provided by winner), in perpetuity without further compensation, credit or right of review or approval.
10. Limitations of Liability: The Released Parties and their respective parents and affiliates, 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 a sweepstakes or 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 entry or participation process; (4) technical or human error which may occur in the administration of a sweepstakes or contest, or the processing of entries; 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 a sweepstakes or contest, or receipt or use or misuse of any prize.
11. 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 a sweepstakes or contest, or the prizes 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 a sweepstakes or participating in a 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 a sweepstakes or 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.
12. Privacy Policies and Data Collection: Information provided by any entrant in connection with an entry or participation in a sweepstakes or contest is subject to Sponsor’s privacy policy located at: http://corporate.hubbardradio.com/privacy-policy/. By entering or participating in any Sponsor sweepstakes or contest, each entrant agrees that the Sponsor has the right to contact the entrant by phone, direct message, or email accounts provided by the entrant, and add that entrant to Sponsor’s customer list and/or database.

13. Winner’s List: For a list of winner’s names of winner’s of prizes valued over $25, available after 30 days after end date of a specific sweepstakes or contest, send a self-addressed stamped envelope to: [Name of the Sweepstakes or Contest] c/o 98KUPD, 1100 North 52^nd Street, Phoenix, Arizona 85008.

14. Official Rules: For a copy of these standard official rules, see the Website.

15. Sponsor/Station: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52^nd Street, Phoenix, Arizona 85008.