Contest Rules

MAN CAVE UPGRADE 2021 CONTEST RULES

98KUPD – “Morning Sickness Man Cave Upgrade” Promotion

Official Rules

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

BY ENTERING THE PROMOTION, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

  1. Eligibility: The 98KUPD “Morning Sickness Man Cave Upgrade” Promotion (the “Promotion”) is open only to listeners who are: (i) 21 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 Promotion.  Employees of Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008 (the “Sponsor”), Toyota Motor Sales U.S.A., Inc., Crest Crown Distributing, Modelo Especial, Prestige Billiards, Ace Hardware, Traeger, Von Hansen’s Meats and Spirits, Live Nation (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 Promotion 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 Promotion 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 Promotion.  Winning a prize is contingent upon fulfilling all requirements set forth herein.
  1. Promotion Period: The Promotion begins on May 24, 2021, at 12:00:01 AM Mountain Standard Time (“MST”) and ends on June 18, 2021 at or about 10:00 AM MST (the “Promotion Period”).
  1. How to Enter For Chance to Become a Qualifier: To enter for a chance to become a qualifier, you must listen to 98KUPD each weekday (Mon-Fri) beginning on May 24, 2021 and ending on June 18, 2021 (except no keyword will be announced on May 31, 2021) during the 8:00:00 AM MT hour for the DJ to announce a daily keyword (“Keyword”). Upon hearing and seeing the Keyword, you will have until 9:00 AM MT the same day the Keyword is announced, to text the Keyword to Limit one (1) entry per person/mobile phone/email address per Keyword/day. Then, each weekday at or about 9:00:00 AM MT, one (1) Qualifier randomly selected by Sponsor from among all Keyword entries received in that day and that potential Qualifier will be called by Sponsor at the number used to enter the Keyword. In the event that potential Qualifier does not answer the phone when called, or Sponsor is unable to understand the potential Qualifier, or if there other issues, technical or otherwise, preventing Sponsor from verifying the potential Qualifier when they call, then that potential Qualifier forfeits their right to be a Qualifier, and an alternate may be selected, time permitting. There will be a total of seventeen (17) Keyword Qualifiers during the entire Promotion Period (one (1) each weekday (except for May 31 where no Qualifier will be awarded. All entries must be received by 9:90:00 AM MT each weekday (except for May 31, 2021) the Keyword is announced to be entered into that weekday’s Keyword random drawing. Odds of winning depend on the number of eligible entries received in each weekday. All non-winning entries from any week will NOT be carried over to subsequent Keyword random drawings. Any entry that doesn’t contain the proper Keyword, or that is sent after 9:00:00 AM MT, will be disqualified and that entry attempt will not be eligible for that weekday’s random drawing.  Each Qualifier will receive a Qualifier Prize and will be entered into the Finalist Random Drawing.

TEXT MESSAGE & DATA RATES MAY APPLY. 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.

  1. How to Become a Finalist/Finalist Random Drawing: On June 16, 2021, all Qualifiers will be put into one pool for the Finalist random drawing, to be conducted by Sponsor, where Sponsor will select five (5) Qualifiers to become Finalists. Odds of a Qualifier becoming a Finalist are 1:3. The potential Finalists will be contacted via phone or email.  Finalists must respond to the winner notification within 24 hours or that potential Finalist will forfeit his/her right to be deemed a Finalist, and Sponsor will randomly select an alternate potential Finalist from among all remaining Qualifiers. This process will continue until a potential Qualifier responds to a winner notification within the allotted period of time.  Sponsor reserves the right to select fewer than five (5) Finalist in the event Sponsor is unable to successfully reach each Finalist in the allotted period of time. Each confirmed Finalist will receive a Finalist Prize and invited to attend the Grand Prize Event.
  2. Grand Prize Event/How to Win the Grand Prize: The five (5) Finalists will each attend the Grand Prize Event on Friday, June 18, 2021 and arrive no later than 5:45 AM MT to be eligible to participate in the Grand Prize Event which will occur from 6:00 AM – 10:00 AM MT on June 18, 2021, for a chance to win the Grand Prize. Finalists must check in at the KUPD station at 1100 North 52nd Street, Phoenix, Arizona 85008 no later than 5:45 AM MT on June 18, 2021 to be eligible to participate in the Grand Prize Event.  The Grand Prize Event will be a pageant-style contest consisting of three (3) categories: (1) karaoke; (2) trivia; and (3) a foot race (each, a “Category” or collectively, “Categories”).  Each Finalist participating in the Grand Prize Event shall participate in each Category, and their performance will be judged by a panel of judges consisting of Sponsor-specified members of the station using a 100% grading scale for each Category.  The Finalist who scores the highest using the Grading Scale will be deemed the Grand Prize winner. In the event of a tie, each tying Finalist will play “Play Catch With Toledo” and throw pitches at Toledo, where each tying Finalist must throw a “strike” (as determined solely by the judges) to stay in the tie-breaker. Once any tying Finalist throws a ball, that tying Finalist will be eliminated from the tie-breaker and the remaining Finalist(s) will continue to throw strikes until there is only one (1) Finalist remaining, who will be deemed the Grand Prize winner.
  3. Prizes and Approximate Retail Values (“ARV’s”) – One (1) Grand Prize – A Man Cave Package, consisting of: aModelo Especial Mini Fridge; a Modelo Especial Table and 2 Stools; a Modelo Especial Neon Light; a $150 Visa Gift Card; Brookline 8’ Pool Table;a Ping Pong Table; and a Dartboard from Prestige Billiards; and a Traeger Smoker Pro 780 MFG#TFB78GLE. ARV: $6,746.49.  Grand Prize consists of only those items listed as part of the Grand Prize. *Free first floor delivery and set-up if Grand Prize winner resides within a 50 mile radius of Phoenix, AZ. Grand Prize pool table, ping pong table and dartboard must be delivered by July 19, 2021 or those game portion of the Grand Prize will be forfeited and go unawarded. All warranties and guarantees are subject to the manufacturers’ warranties and guarantees. Grand Prize winner is solely responsible for arranging delivery with Prestige Billiards. If the Grand Prize winner resides outside of a 50 mile radius of Phoenix or outside the first floor delivery and set-up, he/she will be solely responsible for delivery and/or set-up fees, or for pick-up of the tables at Prestige Billiards. Any images associated with the Promotion are for illustrative purposes only and table finish, model, felt color and other elements are to be determined by Prestige Billiards at its sole discretion.  No exchanges or upgrades allowed. Gift cards are subject to the terms, conditions and restrictions printed on the card.

Five (5) Finalist Prizes – 4-pack of tickets to the Arizona Diamondbacks vs Chicago Cubs at Chase Field on Sunday, July 18, 2021. ARV: $116.00 each. Seat location is at Sponsor’s sole discretion. Tickets are subject to the terms, conditions and restrictions as printed on the ticket.  Transportation and parking are not part of the Finalist Prize. Tickets may not be sold on Craigslist, eBay, Facebook or any other third party site. Sponsor is not responsible if the game is postponed or cancelled for any reason.

Seventeen (17) Qualifier Prizes – Two (2) tickets to Sebastian Maniscalo at the Arizona Federal Theater on August 12, 2021; and a $50.00 Von Hanson’s Meats & Spirits Gift Card. ARV: $149.00 each. The Gift card is subject to the terms, conditions and restrictions as printed on the gift card. Seat location at concert at Sponsor’s sole discretion. Transportation and parking are not included as part of the prize. Tickets are subject to the terms, conditions and restrictions as printed on the tickets. Prizes may not be exchanged, or sold on Craigslist, eBay, Facebook or any other third-party site. Sponsor is not responsible if the concert is postponed or cancelled for any reason. If the concert is cancelled, winner will not receive the concert tickets as part of the Prize.  Limit one (1) Qualifier per person during the entire Promotion 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 and a W9 tax form (“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.

  1. Claiming the Prizes: To claim a Qualifier Prize, the potential Qualifiers must claim his/her prize in person at 98KUPD studios located at 1100 North 52nd Street, Phoenix, Arizona 85008, during normal business hours (Monday-Friday, 9:00 a.m. to 5:00 p.m.) within thirty (30) days of the day he or she wins to verify that he/she is the qualified winner and may be required to sign a Publicity and Liability Release (“Release”) upon (and as a condition of) picking up the Prize. Failure to comply with this deadline shall be deemed to be the winner’s forfeiture of his or her right to claim the Prize. The winner must prove he or she is a 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).  Finalist Prizes and portions of the Grand Prize must be claimed by each Finalist or the Grand Prize winner at the Grand Prize Event on June 18, 2021.  Winners may be required to sign and return the Prize Release to the Station as a condition of receiving a Prize, or Prize may be forfeited at Sponsor’s sole discretion. Upon receipt of the Prize Releases (if applicable), Sponsor will assist the Prize winner with details on how to receive or claim the Prize if Prize cannot be claimed at the Station. Sponsor is not responsible for lost, late, delayed, damaged, stolen or mutilated mailing of any prize. All unclaimed or returned prizes remain the property of Sponsor. Games from Prestige Billiards must be scheduled/delivered within 30 days of accepting the Grand Prize.  Smoker from Ace Hardware must be scheduled and picked up within 30 days.  Grand Prize winner will receive certificates for each item at the Grand Prize Event, and is solely responsible for arranging delivery.
  2. 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 Promotion; (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 Promotion 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 Promotion 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 Promotion, each participant consents to his or her voice and telephone conversation being recorded and/or broadcast.
  3. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Promotion, 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 Promotion 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 Promotion 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.
  4. 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use or misuse of any Prize.
  5. 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 Promotion 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 Promotion, 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 Promotion 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.
  6. Promotion Winners/Official Rules: For a copy of these official rules, or the names of the Promotion winners’, send a hand-printed, self-addressed, stamped envelope by July 25, 2021, to: Winners List/Official Rules (designate which), 98KUPD Morning Sickness Man Cave Upgrade Promotion, 1100 North 52nd Street, Phoenix, Arizona 85008. 
  7. Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.