ULTIMATE HOME TAILGATE CONTEST RULES
98KUPD – “Ultimate Home Tailgate Prize Pack” 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 “Ultimate Tailgate Prize Pack” Sweepstakes (the “Sweepstakes”) is open only to listeners who are 21 years or older and a permanent residence in Arizona, stationed at a military installation in Arizona or be 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 52nd Street, Phoenix, Arizona 85008 (the “Sponsor”), Circle K, Modelo Especial. Corona, and Constellation Brands (collectively, the “Promotional Participant”), Hubbard Radio, LLC, (collectively with Sponsor and Promotional Participant, 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 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 September 2, 2020, at 12:00:00 AM Moutnain Standard Time (“MST”) and ends on October 14, 2020 at or about 11:59:59 PM MST (the “Sweepstakes Period”).
- How to Enter: There are two (2) ways to enter for a chance to win.
i. Check-In w/ Mobile App: 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 Circle K locations during the Sweepstakes Period to “Check In” through the App 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 MST on October 14, 2020 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.
ii. Online: To enter, visit www.98KUPD.com/contest/ultimate-tailgate/ (“Website”), to find, complete and submit the online entry form to receive one (1) entry into the random drawing. Limit one (1) entry per person / per website during the entire Sweepstakes Period. All entries must be received by 11:59:59 PM MT on October 14, 2020, to be eligible for the random drawing. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified at Sponsor’s sole discretion. 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.
- Random Drawing – One (1) Grand Prize winner will be selected via a random drawing from among all combined eligible entries received on or about October 15, 2020. Odds of winning depend on the number of eligible entries received. Winner will be notified by email and/or telephone on or about the day of the random drawing. Decisions of Sponsor are final and binding. Failure to respond to the winner notification within one (1) day will be deemed forfeiture of the Prize and an alternate winner may be selected at Sponsor’s sole discretion, time permitting. Sponsor is not responsible for email notifications that are undeliverable or voicemail messages not received.
- Prize and Approximate Retail Value (“ARV”) – One (1) Grand Prize. A 75” Samsung 4k UHD LED Smart TV; a Weber Spirit E-310 Propane Grill; a Modelo Cooler and a $150.00 Circle K Gift Card. ARV: $1,636.95. Gift card is subject to the terms, conditions and restrictions as printed on the card. All warranties and guarantees are subject to the manufacturer’s warranties and guarantees. The prizes will be awarded only if the potential winner fully complies with these Official Rules. Prizes consist of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner, but Sponsor may substitute the prize, or any portion thereof, for a prize of equal or greater value at Sponsor’s sole discretion for any reason. All local, state, and federal taxes on the Prize are winner’s sole responsibility. The winner is responsible for applicable taxes and fees. Taxes and fees are subject to change upon notice from Sponsor and are nonrefundable. Prizes are nontransferable and not redeemable for cash. 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 may be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winner accepts the Grand Prize, and even if the Grand Prize winner does not use the Grand Prize, he/she will be responsible for the applicable taxes.
- 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 52nd Street, Phoenix, Arizona 85008, during normal business hours (9 a.m. – 5 p.m., M-F) within thirty (30) days after 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 (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.
- 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.
- 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.
- 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.
- 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.
- 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 October 21, 2020 to: Winners List/Official Rules (designate which), Ultimate Home Tailgate Prize Pack Sweepstakes, 1100 North 52nd Street, Phoenix, Arizona 85008.
- Sponsor: Hubbard Radio Phoenix, LLC and its station 98KUPD, 1100 North 52nd Street, Phoenix, Arizona 85008.