98KUPD METALLICA A TO Z WEEKEND 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 Metallica A to Z Weekend Sweepstakes (the “Sweepstakes”) is open only to listeners who are 21 years or older and a permanent resident 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 stations 98KUPD, 1100 North 52nd Street, Phoenix, Arizona, 85008 (the “Sponsor”), Ace Hardware, Bud Light Seltzer (collectively, the “Prize Provider”), and Hubbard Radio, LLC, (collectively, 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 August 28, 2020 at or about 12:00:00 AM Mountain Time (“MT”) and ends on September 7, 2020 at or about 11:59:59 PM MT (the “Sweepstakes Period”).
- HOW TO ENTER: To enter, visit www.98KUPD.com/contest/metallica-a-to-z-weekend (“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 September 7, 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 September 8, 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 Traeger Pro 575 Wood Pellet Grill; a Weber Genesis II E-310 Liquid Propane Grill; and a Metallica S&M2 Super Deluxe Box Set. ARV: $1,849.88. 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. The Winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner may be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize.
- CLAIMING THE PRIZE: In order to collect the Grand Prize, the potential Grand Prize winner must send back any Prize Release (if required by Sponsor at Sponsor’s sole discretion) in the timeframe set forth by Sponsor, or prize may be forfeited and awarded to an alternate winner at Sponsor’s sole discretion. Upon receipt of the Prize Release, Sponsor will mail the Metallica Box set to the Grand Prize winner; and the Grand Prize winner must go to the Ace Hardware located at 3440 West Anthem Way, Anthem, AZ. 85086. 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 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 the Grand 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.
- OFFICIAL RULES/WINNER’S LIST: For a copy of these Official Rules, see the Website. For the name of the Grand Prize winner, send a self-addressed stamped envelope by September 15, 2020, to: 98KUPD: Metallica A to Z Weekend Sweepstakes, 1100 North 52nd Street, Phoenix, Arizona, 85008.
- SPONSOR: Hubbard Radio Phoenix, LLC and its stations 98KUPD, 1100 North 52nd Street, Phoenix, Arizona, 85008.