OFFICIAL PROMOTION RULES
OFFICIAL PROMOTION RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
a. These rules govern routine contests and promotions conducted by Vote Frenzy, LLC (the “Promoter”). These rules may be amended, modified, or superseded by the Promoter and/or its partners. The contest or promotion (“Promotion”) will take place beginning March 17, 2015 and conclude April 6, 2015 (the “Promotion Period”) or as announced on-air on ESPN Tucson 1490AM/104.9FM/KFFN (“Station”). The Promoter may change the dates and/or terms of the Promotion without prior notice. Any material changes will be broadcast on ESPN Tucson 1490AM/104.9FM and, if applicable, posted on its website at www.espntucson.com and/or www.votefrenzy.com/
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all legal residents of the United States who are 21 years of age or older at the time of entry and who live within the KFFN listening area as defined by Arbitron. Employees of Vote Frenzy, LLC and employees of Journal Broadcast Group, Inc., d/b/a ESPN Tucson 1490AM/104.9FM/KFFN (the “Promoter” or “Station”), its corporate parents, subsidiaries, and affiliated entities, its advertising agencies, participating sponsors/promotional partners, other broadcasting stations in the Tucson metropolitan area, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations.
b. Only one winner per household is permitted in any Promoter or Station contest. Individuals may only win a Promoter contest or promotion once every 30 days unless otherwise specified in specific contest rules, including all contests or promotions conducted by Vote Frenzy, LLC or ESPN Tucson 1490AM/104.9FM. Eligible participants may vote on multiple polls to receive additional contest entries.
c. Entrants are required to provide truthful information and Promoter will reject and delete any entry that it discovers to be false or fraudulent. Promoter will disqualify any entry from individuals who do not meet the eligibility requirements and Promoter will also delete any entry knowingly received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act and as otherwise required by law.
a. Promotions will be conducted through voting through the Vote Frenzy mobile app. Alternately, eligible participants may cast their votes through www.votefrenzy.com. Due to delays in internet connectivity, the station’s online streaming of its signal, and/or unexpected outages in the station’s broadcast signal, listeners/viewers to an online stream or mobile device may not be able to participate in, or be disadvantaged in, participating in this Promotion.
b. All entrants must follow the necessary steps to obtain the Vote Frenzy mobile app, which include submitting any requested information including a valid e-mail address. By submitting an e-mail address, entrants hereby expressly consent to the receipt of a content related to this contest and the Vote Frenzy mobile app, as well as social media notifications. Data charges from each entrant’s mobile phone server provider may apply. Mobile device entries will be deemed made by the authorized account holder of the mobile account submitted at the time of entry. The authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. Multiple entrants are not permitted to share the same mobile telephone number or e-mail address. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Promoter. The contest administrator’s computer is the official time keeping device for the Promotion.
c. Entrants must provide all requested information to acquire a Vote Frenzy account, including, their first name and last name, and email address. Proof of submission of an entry shall not be deemed proof of receipt by Promoter. The contest administrator’s telephone system is the official time keeping device for the Promotion.
d. The prize winner must provide to the Promoter proof of residency in the KFNN listening area as determined by Arbitron. Prize winner must also provide proof of minimum age requirements (must be 21 or older prior to the first day of this promotion). Prize winner must provide a valid social security number to claim prize. Failure to provide any of the information described in Section 3, paragraph d may result in the winner being declared ineligible. In the event a winner is determined to be ineligible, an alternate winner may be selected by Vote Frenzy, LLC, at the sole discretion of Vote Frenzy, LLC. If the winner refuses to claim his/her prize, an alternate winner may be awarded the prize, at the sole discretion of promoter.
a. Promotion prize is a 4-day/3-night Mexico cruise on Carnival Cruise lines, originating at a port to be determined in Southern California, and will include at least one port stop during the cruise. The cruise will depart from either Los Angeles, CA, Long Beach, CA, or San Diego, CA depending on the schedule published by Carnival Cruise Lines. The number of port stops will also be determined by Carnival Cruise Lines. The cruise is for 2 people sharing one cabin on the ship. Prize includes port taxes and fees, but does not include food, beverages, or items purchase either aboard the ship or at the port stops. Winner must meet eligibility requirements for passengers, as determined by Carnival Cruise Lines. Neither Promoter nor Station assumes any liability for the winner or guest’s failure to qualify for passenger eligibility/requirements. Retail prize value is $1,000. Prize must be claimed via telephone by calling (480) 225-1795. Mobile and/or long-distance charges may apply. Winner is subject to verification of name, address, age, and social security number before prize is awarded. Prizes may be claimed during regular business hours (between 8:30am and 5:00pm, Monday through Friday). Promotion winner(s) will be required to present valid government-issued photo identification and provide their complete address, date of birth and phone number to claim a prize. Prize cannot be claimed by third parties on behalf of the winner. Failure to comply with these requirements will result in the forfeiture of the prize. A winner will forfeit prize or prize certificate not claimed within thirty (30) days of the conclusion of the promotion. Winner must book cruise for departure within ninety (90) days of the conclusion of the promotion. Cruise must be completed within three-hundred, sixty-five days (365) of the conclusion of promotion. Unless otherwise specified or required by law, if a prize is not claimed no alternate winner will be selected and the prize will become the property of the Promoter. The Promoter, solely at its discretion and only with the consent of the winner, may opt to deliver the prize to the winner by mail or overnight courier. In such event, the winner assumes the risk of the prize’s loss and the Promoter will not be responsible for the safe arrival of the prize or prize certificate. All prizes are awarded as-is. There is no substitution, transfer or cash equivalent for prizes, except that the Promoter may, at its sole discretion, substitute prizes of comparable value or cash. Each prize is expressly limited to the item(s) announced by the Station and does not include taxes, gratuities or any other expenses. Other restrictions may apply.
b. Neither Promoter nor Station is not responsible for winners’ limitations that prevent acceptance, use, or nonuse of prize. Entrants acknowledge that the Released Parties, as defined herein, have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.
c. Prize is not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will such prize be replaced if unused, lost, stolen, or forfeited.
d. Potential winner(s) will be selected and notified of their prize in the manner announced by the Promoter.
a. Decisions of the Promoter’s management with respect to the Promotion are final.
b. Payments of all federal, state and local taxes are solely the responsibility of the winner. Winner will be required to complete and submit an IRS Form W-9 or the equivalent including the winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by Promoter in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.
c. Participating in a Promotion and acceptance of any prize constitutes each entrant’s and winner’s (and guest’s where applicable) permission for the Promoter, Station, or their respective agents to photograph, film, record that entrant, winner, or guest, and to use his or her name, city, state, voice, or likeness, and any statements made by him or her regarding that Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, where legal, winner may be required to sign a publicity release confirming such consent prior to acceptance of the prize.
d. Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the contest, the Promoter in its sole discretion will require verification of Promotion winner’s identification by a showing of valid government-issued photo identification. By entering, participating and/or accepting a prize in a Promotion, each entrant, winner, and guest if applicable, agrees not to sue and to release, discharge, indemnify, hold harmless, and absolve the Promoter, the Station, their respective sponsors and promotional partners, their respective advertising and promotion agencies and each of their respective parent, subsidiary and affiliated entities and the officers, shareholders, directors, employees, agents, and representatives and the successors and assigns of each of them (the “Released Parties”) from and against any and all claims, demands, actions, suits, losses, expenses, costs, damages, and liabilities including, without limitation, interest, penalties, court costs and reasonable attorneys’ fees and expenses arising directly or indirectly from the prize or participation in the Promotion, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery. Promoter may require eligible Promotion winners and their guests or travel companions, if any (as well as each of their parent(s) or legal guardian(s), if guests or travel companions are under the age of majority in their state of residence), to sign a liability release confirming such consent. Except where prohibited, by entering a Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize (s) shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Phoenix, AZ; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, by entering the Promotion, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
e. Promoter, in its sole discretion, reserves the right to disqualify any person (and all of their entries) from a Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of Promoter’s web channel or mobile app or is otherwise in violation of the Official Rules or direction of Promoter. Promoter further reserves the right, at its sole discretion, to modify, cancel, terminate or suspend a Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the Promoter’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by Promoter in is sole discretion. Any attempt by an entrant or any person to deliberately damage any Promoter web channel or mobile app or to undermine the legitimate operation of a Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Promoter reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of Promoter, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, Promoter reserves the right, but not the obligation, to modify, suspend, or cancel the Promotion and shall not be required to award a substitute prize.
f. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of a Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals; or any other difficulties that may prevent an individual from entering or participating, or (iii) lost, stolen, mangled, mis-delivered, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Further, the Released Parties are not responsible if any part of a promotion prize that cannot be awarded due to acts of God, acts of war, natural disaster, weather, acts of terrorism or other factors beyond the Station’s control.
g. Except where prohibited, by entering a Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with that Promotion or any Prize (s) shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, by entering a Promotion, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
h. To obtain a copy of the Official Rules or a list of winners following completion of a Promotion (please specify which), send a self-addressed, stamped envelope specifying “Official Rules” or “Winner List” to Vote Frenzy Mad Marchness Tucson Winner List or Official Rules Request, Vote Frenzy LLC 8711 East Pinnacle Peak RD #211,
Scottsdale, AZ 85255. All such requests must be received within thirty (30) days following completion of the Promotion.