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.
This Station has chosen to participate in Aptivada’s, Home for the Holidays 2020 Sweepstakes (the “Promotion”), which is a national, multi-station Sweepstakes.Official Rules for the Promotion are attached but can also be obtained by sending a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” to: Aptivada, LLC, 32 West 200 South #227, Salt Lake City, UT 84101. In addition to, and in conjunction with, the Promotion, the Station has chosen to provide a local prize in the Home for the Holidays Sweepstakes Official Rules (the “Local Sweepstakes”). These Material Terms govern the Local Promotion.Aptivada is not responsible for the administration of the Local Sweepstakes, including winner selection or the awarding of prizes.
ANY WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM APTIVADA WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO THE NOTICE(S) FROM APTIVADA OR THE PRIZE MAY BE FORFEITED (IN APTIVADA’S SOLE DISCRETION).
See the attached official Aptivada national rules for more information on how the national sweepstakes prizing and sweepstakes execution work.
Sweepstakes Name: Home for the Holidays Sweepstakes (the “Sweepstakes”)
Station: WHQC -FM (the “Station”)
Station Address: 801 Woodridge Center Drive, Charlotte, NC 28217
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 website www.HITS961.com/contests
List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Home for the Holidays Sweepstakes at 801 Woodridge Center Drive, Charlotte, NC 28217.
1.ELIGIBILITY.This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of North Carolina or South Carolina residing within the following counties: Alexander, NC; Anson, NC; Ashe, NC; Avery, NC; Burke, NC; Cabarrus, NC; Caldwell, NC; Catawba, NC; Cleveland, NC; Gaston, NC; Iredell, NC; Lincoln, NC; Mecklenburg, NC; Richmond, NC; Rowan, NC; Stanly, NC; Union, NC; Watauga, NC; Chester, SC; Chesterfield, SC; Lancaster, SC; York, SC; and (ii) who are 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 states of North Carolina and South Carolina (counties listed above) 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.
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.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.TIMING:Sweepstakes begins on November 1, 2020 at 12:01:01 a.m. ET and ends at 11:59:59 p.m. ET on December 10, 2020 (“Sweepstakes Period") and consists of five (5) entry periods (“each an “Entry Period”) as outlined in the chart below:
Start Date at 12:00 AM ET
End Date at 11:59:59 PM ET
Approximate Drawing Date
November 1, 2020 at 12:01:01am ET
November 12, 2020
November 13, 2020
November 16, 2020
November 13, 2020
November 19, 2020
November 20, 2020
November 23, 2020
November 20, 2020
November 26, 2020
November 27, 2020
November 30, 2020
November 27, 2020
December 3, 2020
December 4, 2020
December 7, 2020
December 4, 2020
December 10, 2020
December 11, 2020
December 14, 2020
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
During the Sweepstakes Period, visit www.HITS961.com/contests, 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, 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 per day during the Sweepstakes Period. For purposes of this Sweepstakes, a “Day” shall be defined as each calendar day, beginning at 12:00:00 a.m. ET and ending at 11:59:59 p.m. ET on that same day, except for the first day of the Sweepstakes Period, November 1, 2020, which shall begin at 12:01:01 a.m. ET.Entries must contain all information requested to be valid.
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.
3.WINNER SELECTION.On or around each Entry Period drawing date indicated in the chart above in Section 2, the Sponsor will randomly select one (1) winner from all eligible entries received for each respective Entry Period. There will be five (5) potential first prize winners for the Sweepstakes Period.
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: Each winner will be notified on or about the dates indicated in the chart above in Section 2, 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 one (1) day of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines 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 finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.
The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s).
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.
Five (5) Local Grand Prizes:
The local grand prize winner will receive a prepaid gift card in the amount of $100.00.
Approximate Retail Value (“ARV”): $100.00
All prizes provided by: iHeartMedia + Entertainment, Inc.
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
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).
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRITPION ONLY.ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
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) 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, 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 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.
APTIVADA’S OFFICIAL RULES FOR THE
NATIONAL HOME FOR THE HOLIDAYS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES GOVERN ONLY THE PROMOTION AND ARE NOT APPLICABLE TO ANY THIRD-PARTY CONTEST (DEFINED BELOW).
BY ENTERING THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT BETWEEN THE ENTRANT (“ENTRANT” OR “YOU”) AND APTIVADA, LLC. YOU ARE ADVISED TO READ THEM CAREFULLY BEFORE ENTERING.
Overview. These “Official Rules” are for the Home for the Holidays 2020 Sweepstakes (the “Promotion”), which is sponsored by Aptivada, LLC (“Aptivada”), and presented in collaboration with participating local radio stations and other entities (each, a “Participating Entity,” and collectively with Aptivada, the “Promotion Entities”). You may enter the Promotion by completing an entry form on a Participating Entity’s website, as described in greater detail below, beginning at 12:00 AM EST on Sunday, November 1st, 2020, and until 11:59 PM EST on Sunday, December 20th, 2020 (the “Promotional Period”).
ANY WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM APTIVADA WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO THE NOTICE(S) FROM APTIVADA OR THE PRIZE MAY BE FORFEITED (IN APTIVADA’S SOLE DISCRETION).
Eligibility. The Promotion is open to all legal residents of the United States, including the District of Columbia, and Canada, excluding Quebec, who is 21 years of age or older at the time of entry. Employees of a Promotion Entity or any other television or radio stations located in the same market as a Participating Entity, and their respective parents, subsidiaries, affiliates, advertising or promotion partners (if any), and members of their immediate families (spouse, parents, siblings or children) or persons living in the same household (whether related or not) are not eligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the United States and Canada and where prohibited. Entrants who do not meet the eligibility requirements will be disqualified and unable to win.
Entrants must provide truthful information when entering the Promotion; Aptivada will reject and delete any entry that it finds to be false or fraudulent. Aptivada will disqualify any entry from any individual who does not meet the eligibility requirements, and will also delete any entry as required by law.
Entry Method. During the Promotional Period, entrants may enter the Promotion by visiting the website of any Participating Entity and following all steps to complete and submit an entry form with all required information. Limit one (1) unique entry per person per Participating Entity per day.
Entrants must submit all information required on the entry form, which may include first and last name, telephone number, email address, home address, and/or date of birth. Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization that is responsible for assigning the email address or the domain associated with the submitted email address. Multiple entrants are not permitted to share the same email address. Entries submitted will not be acknowledged or returned. Use of any device to automate entry is prohibited. Incorrect, illegible, corrupt, and incomplete entries are void. Proof of submission of an entry shall not be deemed proof of receipt.
A Participating Entity may offer entrants the opportunity to earn bonus entries throughout the Promotion Period. The availability of and means for earning such bonus entries shall be at the discretion of each Participating Entity. Limit sixty (60) bonus entries per entrant throughout the Promotion Period.
Alternatively, you may enter the Promotion by mailing a postcard with your hand written name, age, address, phone number, and email address (optional) to: National Home for the Holidays 2020 Contest, 32 West 200 South #227, Salt Lake City, UT 84101. All entries submitted via postcard must be postmarked during the Promotional Period and received by [December 20, 2020]. Limit one (1) mail-in entry per person per day.
The Promotion Entities are not responsible for technical outages, delays, or malfunctions of any kind, including those related to the Internet, cell phone service, or computer failures. Accordingly, the Promotion Entities are not responsible for errors or data loss of any kind, lost or unavailable Internet connections, failed, incomplete, garbled or deleted computer or network transmissions, inability to access any website or online service, any other error or malfunction, late, lost, illegible or misdirected entries, or for printing errors in any advertisement, entry form or rules.
Entry materials that have been tampered with or altered are void. If the Promotion Entities determine, in their sole discretion, that there is any suspected or actual electronic tampering with the Promotion or if technical difficulties compromise the integrity of the Promotion, the Promotion Entities reserve the right to void the entries at issue and/or modify, suspend or terminate the Promotion. If, for any reason, the Promotion is not capable of running as planned, including because of tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promotion Entities reserve the right to modify, suspend or terminate the Promotion.
Any attempt by an entrant or any person to deliberately damage any website or social networking site used in the Promotion or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, Aptivada reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. Aptivada’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
4. Prizes and Odds of Winning.
a.A total of one (1) prize will be awarded, which will be the lesser of $15,000 or the value of the winning entrant’s (the “Winner’s”) annual rent or mortgage payments for one year (the “Prize”). The Prize will be awarded in the form of a check from Aptivada and may take 6–8 weeks from the end of the Promotional Period to issue. The cash value of the Prize will be determined based on the Winner’s rent or mortgage payments on the date the winning entry is submitted.
b.All prize details not specifically stated in these Official Rules will be determined by Aptivada in its sole discretion. All taxes (federal, state, and local) are the sole responsibility of the Winner. Winner will receive an IRS Form 1099 for the ARV of the prize. Prize will be mailed to the Winner following verification at the address provided by Winner.
c.Odds of winning depend on the number of eligible entries received.
d.The Prize cannot be transferred or substituted except in Aptivada’s sole discretion. Aptivada reserves the right to substitute the Prize with a prize of comparable or greater value (as determined by Aptivada in its sole discretion). The Prize is expressly limited to the item(s) listed above and does not include taxes, gratuities or any other expenses.
e.By accepting the Prize, the Winner agrees to release Aptivada and its advertising, promotion and production agencies and their respective parents and subsidiaries, shareholders, directors, employees, agents and representatives from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained directly or indirectly in connection with the receipt, ownership or use of the Prize.
Third-Party Contests. Each Participating Entity may offer entry into a local sweepstakes that is affiliated with the Promotion (a “Third-Party Contest”). Each Third-Party Contest is a separate sweepstakes governed by its own official rules. Please see the Third-Party Contest official rules from the Participating Entity through whom you entered for full details. Third-Party Contests are not endorsed by Aptivada under Aptivada’s control, and Aptivada is not responsible for the legality, appropriateness or any other aspect of such Third-Party Contests, or for any damage or loss caused or alleged to be caused by your participation in any such Third-Party Contests. When you enter a Third-Party Contest, you do so at your own risk.
6. Winner Selection and Notification.
a.Decisions of Aptivada with respect to the Promotion, including winner selection and the awarding of prizes, are final and binding when made.
b.The Winner will be randomly selected from among all eligible entries via random drawing conducted on or about December 22, 2020.
c.The Winner will be contacted by Aptivada at the phone number or email provided at the time of entry. Aptivada is not responsible for any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond Aptivada’s control.
d.Prior to awarding a prize, Aptivada in its sole discretion may require verification of the Winner’s identity by a showing of valid government-issued photo ID. In addition, the Winner shall provide such documentation of his or her rent or mortgage payments that Aptivada reasonably requests
a.Payments of all federal, state and local taxes are solely the responsibility of Winner. Winner must execute and return any required IRS form (including IRS form 1099), affidavit of eligibility, liability and publicity release (where permitted by law), or similar document within ten (10) days of notification or Winner may be disqualified in Aptivada’s sole discretion and the prize will be forfeited.
b.Participating in the Promotion and accepting a prize constitutes the Winner's permission for Aptivada or its agents to photograph, film, and record Winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, Aptivada may, where legal, require the Winner to sign a publicity release confirming such consent prior to acceptance of the prize.
c.To the fullest extent permitted by law, by participating in the Promotion and/or accepting a prize, an entrant understands and agrees:
i.to release and hold harmless Promotion Entities, and each of their respective parent, subsidiary and affiliated entities, advertising and promotion agencies, any social media platform utilized in the conduct of the Promotion (including but not limited to Facebook), and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from the Prize or the Promotion. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
ii.that the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
iii.that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
iv.that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event and under no circumstances will entrants or winners be permitted to obtain awards for attorneys’ fees, and entrants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
v.that any claim or dispute regarding the Promotion or these Official Rules will be resolved pursuant to the laws of the State or Commonwealth in which Aptivada is located, without regard to the conflicts of laws and rules of that State or Commonwealth;
vi.that any claim or dispute regarding the Promotion or these Official Rules will be resolved in a tribunal within the State of Utah, and entrants submit to the jurisdiction of and waive all objections to the jurisdiction or venue of such tribunal; and
vii.if for any reason a claim or dispute regarding the Promotion or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
Official Rules and Winner List. To obtain a copy of these Official Rules or a winner list following completion of the Promotion, send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” or “Winner List” to:
National Home for the Holidays 2020 Contest
32 West 200 South #227
Salt Lake City, UT 84101