PLAYDIO 2020 CONTEST RULES
98KUPD – PLAYDIO CONTEST
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY SUBMITTING A SONG IN THIS CONTEST, THE BAND HEREBY ACKNOWLEDGES AND AGREES THAT THE SONG MAYBE PLAYED ON-AIR ON 98KUPD AND MAY BE AVAILABLE TO THE PUBLIC TO PLAY ON DEMAND ON 98KUPD.COM.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility: The 98KUPD – PLAYDIO Contest (the “Contest”) is open only to music bands whose members are all at least 18 years or older and each member is also 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 (“Band”). Void outside of Arizona, and where prohibited by law. No purchase necessary to enter the Contest. Employees of Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008 (the “Sponsor”), Hubbard Radio, LLC (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 the Contest 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 Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Periods: The Contest consists of the following four (4) time periods and deadlines:
a). The entry period begins on November 16, 2020 at 12:00:01 am Mountain Time (“MT”) and ends November 22, 2020 at 11:59:59 pm MT, or until thirty (30) eligible entries are received, whichever occurs first (the “Contest Entry Period”).
b). The semi-finalists judging period will run from 5:30 AM MT on November 23, 2020 through 10:00 AM MT on November 24, 2020 (“Semi-Finalist Judging Period”).
c). The finalist popular voting period will begin at 10:00 AM MT on November 24, 2020 and end at 5:00 am on November 25, 2020 (“Finalist Popular Voting Period”).
d). The grand prize judging period will begin at 5:00 AM MT and end at or about 7:00 AM MT on November 25, 2020 (“Grand Prize Judging Period”).
- How to Enter. To enter to become a participant in this Contest, eligible Bands can email one (1) original song performed by the Band (“Song”) to firstname.lastname@example.org during the Contest Entry Period (defined in Official Rule #2(a) above). In the email, the band must provide: (1) each Band member’s complete name, (2) the name of the song submitted, (3) the name of the Band, and (4) a single contact email and contact telephone number for the Band. By submitting Song, the entrant hereby agrees to the Entry Terms and Entry Restrictions listed in Official Rules numbers 4 and 5 herein.The first thirty (30) eligible entries received will be entered into the Contest. All entries must be submitted no later than 11:59:59 PM MT on November 22, 2020 to be eligible. Sponsor reserves the right to accept less than thirty (30) entries in the event not enough sufficient entries are received during the Contest Entry Period. Sponsor is not responsible for any technical issue relating to the entry, including any issues with attaching the Song to the email. Limit one (1) entry per Band during the entire Contest Entry Period.
- Entry Terms
i). The Band hereby acknowledges, agrees and understands that Sponsor may play the Song on-air on 98KUPD radio station sometime between the hours of 5:30 AM MT and 10:00 AM MT on November 23, 2020 or November 24, 2020 which will be made available to the public, and that the song may be made available on the 98KUPD.com website for the general public to access and listen to during the Contest.
ii). The Band agrees to indemnify and hold harmless each of the Released Parties, and each of their respective owners, officers, directors, employees, members, shareholders, insurers, franchisees and affiliated organizations, and their respective officers, directors, employees and shareholders, from and against any and all claims, demands, losses, damages, costs, liabilities and causes of action of any nature whatsoever that are based upon or arise out of Sponsor airing the Song on its station.
iii). The Band represents that the Band has the express consent of each member of the Band to be considered for and entered into this Contest. Upon request, the Band will obtain written consent of any such persons for Sponsor.
iv). The Band represents and warrants that the Song does not contain any lewd, obscene or discriminatory language or lyrics, including but not limited to language that is not, in Sponsor’s sole opinion, in keeping with Sponsor’s public image.
- Entry Restrictions: The Song must not contain material that:
i). Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
ii). Contains material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
iii). Disparages any persons or organizations;
iv). Is in violation of or contrary to applicable federal, state, or local laws and regulations; andFailure of any Entry or the Band to comply with the above Entry Terms and Entry Restrictions, as determined by Sponsor in its sole discretion, may result in disqualification of the Band. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, refers, depicts or in any way reflects negatively upon the Sponsor, Contest or any other person or entity; does not comply with these Official Rules; is potentially unlawful or any other reason that Sponsor deems appropriate.
- Judging Criteria and Semi-Finalist/Finalist and Grand Prize Winner Selection:
i). Semi-Finalists: During the Semi-Finalist Judging Period, all eligible Songs received during the Contest Entry Period (i.e., the first 30 Songs submitted) will be judged by John, Brady & Bret (the “Panel”) from 98KUPD using the following judging criteria and each criteria will be ranked 1-10 (with 10 being the best/highest and 1 being the worst/lowest): (a) Production Quality; (b) Performance of Song; and (c) Overall Band Talent. The top five (5) highest scoring Songs/Bands will be deemed Semi-Finalists. In the event of a tie, the Song/Band with the highest score in Overall Talent criteria will be deemed the winning Semi-Finalist from among all tying Songs/Bands.
ii). Finalists: The five (5) Semi-Finalist’s Songs will each be posted on www.98KUPD.com (“Website”) during the Finalist Popular Voting Period where members of the general public can visit the Website, listen to the Song and vote for their favorite Song/Band through the voting mechanism on the Website, or by texting ‘PLAYDIO’ to 97936. Message and data rates may apply. All votes must be cast by 5:00 AM MT on November 25, 2020 to be counted as a vote. The two (2) Songs/Bands who receive the most votes during the Finalist Popular Voting Period will be deemed the Finalists, and will move on to the Grand Prize Judging Period. In the event of a tie, the Song/Band who scored the highest during the Semi-Finalist Judging Period will be deemed the winning Finalist from among all tying Semi-Finalists. Votes generated by script, macro or other automated means will be disqualified. No one may offer to sell votes (or offer to be paid, whether in currency, in kind or other form of compensation, for votes). The use of automated or third party software or Website to participate in the Finalist Popular Voting Period is prohibited. Sponsor in its sole discretion reserves the right to disqualify any votes cast or entries associated with such votes in violation of the above restrictions.
iii). Grand Prize Winner: Then, the two (2) Finalist’s Songs will be re-judged during the Grand Prize Judging Period by the Panel using the same Judging Criteria listed in Official rule 7(i) above. The Song that receives the highest score will be deemed the Grand Prize winner and will be announced as the Grand Prize winner on-air on 98KUPD on November 25, 2020. The Grand Prize winning Band will also be contacted by email/telephone.
- Prize and Approximate Retail Value (“ARV”) – One (1) Grand Prize – $1,000.00 to the winning Band. Please note that the Band will receive one (1) check made out to either the Band (if the Band is registered as a legal business entity) or one (1) single member of the Band (i.e., the person who is listed as the contact on the winning Band’s entry form). ARV: $1,000.00.Sponsor will issue a 1099 form reflecting the value of the prize and are responsible for paying all income taxes on the Grand Prize. The winner 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.
- Claiming the Prize: In order to collect the Prize, the potential Grand Prize winner will be required to provide his or her mailing address to Sponsor, along with the Prize Release and W9 (if applicable), in the timeframe set forth by Sponsor. Upon receipt of the mailing address, and Prize Release and W9, Sponsor will mail the Grand Prize to that winner. In the event the potential Grand Prize winner fails to verify their address or any required documents within the timeframe provided by Sponsor, he or she will forfeit his or her right to the Grand Prize. 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.
- 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 Contest; (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 Contest, 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 Contest 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 Contest, 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 Contest, 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 Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the 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 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 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 participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any Prize.
- 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 Contest 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 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 this 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.
- Official Rules/Winner’s List: For a copy of these Official Rules, see the Website until December 25, 2020. For the name of the Grand Prize winner, send a self-addressed stamped envelope by December 2, 2020 to: 98KUPD PLAYDIO Winner, 1100 North 52nd Street, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.