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.
Sweepstakes Name: Ellen K $1K Payday Q1/Q2 2022 Sweepstakes (the “Sweepstakes”)
Station: KOST 103.5 (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 website kost1035.iheart.com.
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc. Ellen K $1K Payday Q1/Q2 2022 Sweepstakes Winner’s List Request at 3400 West Olive Ave., Suite 550, Burbank, CA 91505.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who are (i) legal U.S. residents of the state of California and (ii) 18 years of age or older at the time of entry (“Entrant”).
The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Void outside the state of California 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 television stations; 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. Entrants must be participating on their own behalf and not on behalf of any employer or third party.
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 every seven (7) 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.
2. SWEEPSTAKES PERIOD. The Sweepstakes begins February 22, 2022 at 8:00:00 a.m. Pacific Time (“PT”) and ends at April 15, 2022 at 9:00:00 a.m. PT (“Sweepstakes Period”). The Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. There are two (2) ways to participate in the Sweepstakes as outlined below. For clarity in regards to the “On-Air” entry method, “Weekday” is defined as a Monday, Tuesday, Wednesday, Thursday or Friday.
(A) ON-AIR – THIRTY-NINE (39) WINNERS (ONE PER WEEKDAY FOR THE SWEEPSTAKES PERIOD) SELECTED VIA THIS ENTRY METHOD: During the Sweepstakes Period, visit www.KOST1035.com/payday to find out the “Ellen K 1K Payday Song of the Day”. Then listen to the Station from 8:00 a.m. PT to 9:00 a.m. PT for the designated “Ellen K 1K Payday Song of the Day” to play and then be the 20th caller at 1-800-929-KOST (1-800-929-5678) to win a prize (subject to verification).
- The participant must be the designated caller (as announced on air at the time of the cue) from all callers calling-in to the participating Station to the phone number announced. The designated caller, if eligible, will be declared a potential winner. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential winner. Listen to the Station for details on the specific time to play. The date(s) and time(s) of Station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating Station(s), at its sole discretion may or may not choose to air the playtime (if applicable) due to programming obligations and other factors.
- The Sponsor assumes no responsibility for Entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
- WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
(B) ONLINE ENTRY METHOD – ONE (1) WINNER SELECTED VIA THIS ENTRY METHOD: During the Sweepstakes Period, visit kost1035.com/rewards, and follow the links and instructions to access the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor). Valid entries must contain all information requested. Limit one (1) entry per person/verified email address per day. Incomplete and/or invalid or duplicate entries will be disqualified.
The Released Parties (as defined below in Section 8) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple Entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same email 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 email 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 email 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 email addresses, phone numbers or the domain associated with the submitted email address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. 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. All entries become the property of Sponsor and will not be receipt acknowledged or returned. 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. ONLINE ENTRY METHOD - WINNER SELECTION. On or about April 15, 2022 (after 9:00 a.m. PT), the Sponsor will randomly select one (1) potential winner from among all eligible entries received for the Online method of entry. Odds of winning depend on the number of eligible entries received for the Online method of entry. The winner will be notified within one (1) day after the sweepstakes drawing, via email, and/or at Sponsor's discretion via phone at the phone number provided during registration.
All winners are subject to verification, including verification of eligibility. Winners may be required to present a state authorized identification prior to being awarded a prize and/or sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions; and may also be required to sign and return an affidavit of eligibility and any other form(s) necessary to verify eligibility and claim prize, along with any other required release(s) within twenty-four (24) hours (unless otherwise stated herein or at the time of notification).
Notification is deemed to have occurred immediately upon placing of a phone call or sending of an email or any other form of communication Station may use to contact a potential winner. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner. The Station is not obligated to leave voice mail, answering machine or other message. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner. If a 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. The contact notification will include instructions on how to claim the prize.
The Sweepstakes Entities are not responsible for suspended or discontinued wireless or online service or for any change of Entrant’s email address, mailing address, and/or telephone number which may result in potential winner not receiving a prize notification. If (a) an attempted notification or prize is returned as undeliverable; (b) a potential winner cannot be contacted, fails to respond to the notification or declines prize; (c) a potential winner fails to provide signed affidavits or releases or any other required forms within the stated time period(s); (d) a potential winner fails to present a proper identification at the time of claiming a prize or fails to collect or properly claim any prize in accordance with these Official Rules; (e) a potential winner declines the prize; (f) a potential winner cannot be verified or is deemed ineligible; (g) a potential winner is disqualified for any reason; (h) a potential winner is not available to participate in any applicable Sweepstakes event(s) that participation may be required to be considered eligible; or (i) a potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. 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. Any alternate winner(s) will be randomly selected from among all remaining eligible entries, as determined by Sponsor, in its sole discretion. If any alternate(s) similarly fails to properly claim the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be deemed unclaimed and Sponsor shall have no further liability, in connection with this Sweepstakes, to award unclaimed prizes.
PRIZES (40 TOTAL; 39 FOR “ON-AIR” and 1 FOR “ONLINE” AS DESCRIBED IN SECTION 2): Each winner will receive two (2) $500.00 pre-paid debit cards. Value of each prize: $1,000.00.
All prizes provided by: San Diego County Credit Union
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).
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: (a) 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; (b) 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; (c) 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; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (f) 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: (a) 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 an Entrant in the Sweepstakes and/or (b) 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: (a) 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 (b) 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, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, 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, as applicable, 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 Official 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 an 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 Official 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.