OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sweepstakes Name: KIIS Super Lawyer Pep Rally Sweepstakes (the “Sweepstakes”)
Station: KIIS-FM (the “Station”)
Station’s Address: 3400 West Olive Ave. Suite 550, Burbank, CA 91505
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. and Avrek Law (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the office of the Station during normal business hours, send your request by mail at iHeartMedia + Entertainment, Inc. at ATTN: KIIS Super Lawyer Pep Rally Sweepstakes or visit the website at www.kiisfm.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., ATTN: KIIS Super Lawyer Pep Rally Sweepstakes at 3400 West Olive Ave. Suite 550, Burbank, CA 91505.
1. NOMINATOR ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents, and (ii) who are 13 years of age or older at the time of entry. Entrants who are deemed to be a minor in the jurisdiction in which they reside will need to obtain permission from their parents/legal guardians in order to participate.
SCHOOL: The Nominee must be an accredited public, private or charter school in the Greater Los Angeles Area between grades Kindergarten (K) through Twelfth (12) Grade.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the United States and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.
Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Sweepstakes start date is not eligible to win a prize in this Sweepstakes.
2. TIMING: Sweepstakes begins on Monday, August 13, 2018 at 12:00:00 a.m. PT and ends at 11:59:59 p.m. PT on Sunday, August 26, 2018 (“Entry Period").
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
Twitter server is the official time-keeping devices for the social media entries.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
Overview: Nominate a School in the Greater Los Angeles Area.
There are two (2) ways to enter:
WEBSITE: Visit www.kiisfm.com, and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, along with the name of the Nominee, Zip Code of the Nominee and/or any other information requested by the Sponsor) to receive one (1) entry into the Sweepstakes. Limit: One (1) entry per person/email address/household during the Sweepstakes Period. Entries must contain all information requested to be valid.
TWITTER: During the Entry Period, the Sponsor will post a tweet to the Feed to nominate a School. Entrants will be asked to respond to the tweet (as applicable), and include in their post a specific hashtags as indicated below. Then, visit Twitter (www.twitter.com) or access the Twitter mobile application and follow the links and instructions to log in to Entrant’s Twitter account (“Twitter Account”). If Entrant does do not have a Twitter Account, Entrant may create one at www.twitter.com. Twitter Accounts are free. Then, nominate a school by tweeting and including hashtags #SuperKIISCampusEntry, #Sweepstakes and tag the School’s Twitter account to receive one (1) Entry into the Sweepstakes.
Entries posted prior to the start of the Entry Period will not be eligible for entry or accepted. Entries that do not include #SuperKIISCampusEntry, #Sweepstakes and tag the School’s Twitter account will be void. Entries must be in English and contain all information requested and comply with all Content submission requirements set forth herein to be valid.
Limit: one (1) entry per person/ regardless of Method of Entry during the entire Entry Period. Multiple Entrants are not permitted to share the same Twitter Account.
In order for your entry to be valid, your Twitter profile must be public and thus viewable by the Sponsor and its agents.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Twitter. You understand that you are providing your information to the Sponsor and not to Twitter.
Entrant must comply with Twitter Terms of Service at https://twitter.com/tos. Entries are subject to any applicable restrictions or requirements listed herein. The Sponsor is not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Multiple entrants are not permitted to share the same Twitter account. Should multiple users of the same Twitter account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned a Twitter account by Twitter Inc. or other organization which is responsible for assigning Twitter accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries in excess of the above stated limit will be declared ineligible. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of potential winners are final and binding in all matters related to the Sweepstakes.
3. PUBLIC VOTING/ WINNER SELECTION.
At the end of the Entry Period, the Sponsor at its sole discretion, will select the top (10) eligible Entries that receive the most nominations, subject to eligibility verification.
Public Voting: Beginning Friday, August 31, 2018 at 10:00 AM PT the Station will post the top (10) eligible Entries on its website and invite listeners to vote on the entry submissions (“Public Voting”). Deadline for public voting is September 13, 2018 at 11:59:59 PM PT.
Voting is limited to one vote per verified email address per day. If an entrant receives irregular or fraudulent votes or multiple votes from the same user or users in one day, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsor reserves the right to disqualify the finalist in its sole discretion.
Tie Breaking: In the event that one or more Schools have the same number of votes, (1) School will be randomly selected and named the winner.
At the conclusion of Public Voting, on or about September 14, 2018 the Entry that receives the most number of votes during Public Voting, as determined by the Sponsor, will be declared the Grand Prize winner, subject to verification. The Grand Prize winner will be announced on September 14, 2018.
The Grand Prize Winner must be willing to host the Grand Prize Pep Rally at their School and secure any necessary permission from their Administrative or District Office. The winning School will be contacted from the information provided at time of registration. If the Sponsor is unable to contact the selected winner with the information provided or in the event the selected School forfeits the prize, the Sponsor reserves the right to select an alternative winner(s) at its sole discretion, as stated below in the Winner Notification Section.
The winning school will need to have a venue appropriate for a school-wide pep rally. After a winner is chosen, arrangements will need to be made with the school to determine when the pep rally will occur but the pep rally must occur between September 25 and October 5, 2018.
Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events.
Winner Notification: Winner will be notified within one (1) day of the last day of the Sweepstakes, via e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within two (2) day(s) of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that the potential Winner fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner will be deemed to forfeit the prize and Sponsor will select an alternate Winner from the remaining eligible entrants. If any alternate similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize to another alternate but if it is unable to do so, the prize will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
- As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
One (1) Grand Prize including:
$5,000 for the Winning School (to be provided in the form of a check)
A Pep Rally for the Winning School. Pep Rally includes: Live music provided by KIIS-FM, either DJ or Artist and Co-branded giveaways such as t-shirts, school supplies, and the like, to be given out during the event.
Approximate Retail Value (“ARV”): $6,000
Prize provided by: iHeartMedia + Entertainment, Inc. and Avrek Law.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) 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; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) typos or misprints in these Official Rules, in any Sweepstakes-related advertisement or other materials; technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
6. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service, Twitter and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
9. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
11. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
12. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
13. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.
[DG1]We already say this above.