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 AN ENTRANT’S CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Sweepstakes Name: KIIS-FM Jonas Brothers Softball Game Sweepstakes (the “Sweepstakes”)
Station: KIIS (the “Station”)
Station Address: 3400 West Olive Ave. Suite 550, Burbank, CA 91505
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“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 or send your request by mail to iHeartMedia + Entertainment, Inc. ATTN: KIIS-FM Jonas Brothers Softball Game Sweepstakes at 3400 W. Olive Ave. Suite 550, Burbank, CA 91505.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., ATTN: KIIS-FM Jonas Brothers Softball Game Sweepstakes at 3400 W. Olive Ave. Suite 550, Burbank, CA 91505.
NOMINATOR ELIGIBILITY: This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of California; (ii) who are 13 years of age or older at the time of entry (“Entrant”). Minor Entrants must obtain parental consent in order to be eligible to enter the Sweepstakes.Parental Consent occurs when the parent or legal guardian of a minor entrant between the age of 13 and the age of 17 grants permission for the Entrant to participate and agrees on behalf of himself/herself and the minor entrant to these Official Rules.
NOMINEE ELIGIBILITY: Only those schools which meet the following criteria are eligible to receive a prize in accordance with these official rules: must be an accredited private, public or charter; middle school, high school or college/university located within the state of California and located in Los Angeles County.
Winning a prize is contingent upon fulfilling all requirements set forth herein. The winning school must be available to host the event on October 21, 2019.If for any reason, the school cannot commit to hosting the event, the Sponsor will select an alternate school at its sole discretion.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state of Californiaand where prohibited 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.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period.For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event.For local sweepstakes/contests, an individual may win only once (1) every seven (7) days for prizes valued at $999 or less. For local sweepstakes/contests valued at $1,000 or more, an individual may win only once (1) every fifteen (15) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes.“Household members” shall mean people who share the same residence at least three (3) months a year.
1.TIMING:Sweepstakes begins on August 27, 2019 at 12:01:01 a.m. PT and ends at 11:59:59 p.m. ET on September 10, 2019 (“Entry Period").
The Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER:
WEBSITE: During Entry Period, go to the Station’s website, www.KIISFM.com(the “Website”) and follow the links and instructions to access the registration form.Fill out the registration form with all required information: your name, telephone number, email address, date of birth, and any other information requested by the Sponsor including the name of the school and the zip code of the school, to receive one (1) entry into the Sweepstakes. You may optionally provide the name and contact information for the appropriate party at the school who will be responsible for accepting the prize, if your entry is selected as a winner. If you do not provide this information upon registration, you will be required to provide it later, if the school is selected.Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
LIMIT: ONE (1) ENTRY PER PERSON AND EMAIL FOR A TOTAL OF ONE (1) ENTRY FOR THE ENTIRE SWEEPSTAKES.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible.
PUBLIC VOTING AND WINNER SELECTION.
On or about September 13, 2019, the Sponsor will select the top ten (10) schools with the highest nomination count from among all eligible entries collectively received during the Entry Period (“Finalists”).
Public Voting: Beginning September 13, 2019 at 12:00:00 p.m. PT, the Station will post the top ten (10) Finalists (selected by the Sponsor) on its website and invite listeners to vote on a school. At the conclusion of the voting period, the school with the absolute highest score will be declared the grand prize winner. Deadline for public voting is September 26, 2019 at 11:59:59 PM PT.In case of a tie, the Sponsor will cast one (1) vote to determine the winning school.
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.
Winner Notification: Winner will be notified within three (3) day(s) 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. The potential winner must provide a contact at the applicable school (if he or she has not done so already) and must follow all prize claim instructions within the requested time frame or his or her school will forfeit the applicable prize. Once a potential winner receives information about claiming his/her prize, he/she has two (2) days to respond with the required information or his or her school will forfeit the prize.
The representative of each potential winner’s school will be required to sign and return a Prize Release and Winner Sheet ("Winner Documents") which must be received by the Sponsor, within 10 days of the date notice or attempted notice is sent, in order to agree to accept the applicable prize. If a potential winner or the school representative for anyprize cannot be contacted, fails to respond or to sign and return the Winner Documents (if applicable), or provide any other requested information within the required time period, is disqualified for any reason, or if the prize is returned as undeliverable, the potential winner’s school forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. If a potential winner or school is disqualified for any reason, Sponsor may award the applicable prize to a runner-up, in its sole discretion.
Acceptance of any prize shall constitute and signify each winner’s and each school representative’s agreement and consent that Sponsor and its designees may use the winner’s or school’s name, city, state, likeness, photo, and/or prize information, whether in connection with the Sweepstakes or otherwise, for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.Each winner will indemnify Sponsor, Released Parties (as defined in Section 8, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled approximately 2 - 3 weeks after the school is confirmed.
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.
Notification is deemed to have occurred immediately in person upon being declared a grand prize winner. If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.If the potential winner declines to accept the prize to be awarded, the potential winner forfeits his/her prize and theSponsor reserves the right to determine an alternate winner in accordance with these Official Rules.
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. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner's parent or guardian, 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.
-Pep Rally/Soft Ball Game for Winning School includes:
oLive music provided by KIIS-FM DJ.
oSoftball Game: Jonas Brothers & KIIS Staff VS. Winning School (School Staff/Students Only)
oCo-Branded Giveaways (school, sponsor & KIIS-FM) such as t-shirts, hats etc. to give out during the event.
Winning schools are responsible for all taxes and fees, if any, associated with prize receipt and/or use.
Approximate Retail Value (“ARV”): $5,000.00
All prizes provided by: Nongshim Shin Ramen
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 (as listed above). 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 (5) 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 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.