The Breakfast Club’s Powerhouse NYC Week 1 Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR 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.
EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN RESPONSE TO YOUR ENTRY AND YOU MAY RECEIVE ADDITIONAL AUTODIALED TEXT MESSAGES IF YOU ARE A FINALIST, QUALIFIER, OR WINNER, AS APPLICABLE. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. TO ENTER WITHOUT SENDING A TEXT MESSAGE, SEE SECTION 4 BELOW.
PROMOTION ENTRY PERIOD: The Breakfast Club’s Powerhouse NYC Week 1 Sweepstakes (the “Sweepstakes”) begins at 12:00:01 am Eastern Time (“ET”) on September 10, 2018 and ends at 11:59:59 pm Eastern Time (“ET”) on September 21, 2018 (the “Promotion Entry Period”). All entries must be received during the Promotion Entry Period. The Sponsor’s (as defined below) computer is the official time keeping device for this Sweepstakes.
ELIGIBILITY: Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years of age or older as of the date of entry. If a participant has not reached the age of majority in his/her primary state of residence as of the date of entry into the Sweepstakes (which is eighteen (18) years old in most states but is nineteen (19) years old in Alabama and Nebraska and twenty-one (21) years old in Mississippi) (a “Minor”), then the participant 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 grants permission for the Minor to participate and agrees on behalf of himself/herself and the Minor to these Official Rules. If you are not a legal resident of the United States or you are not the required age as of the date of entry, you are not eligible to participate in this Sweepstakes or to win a prize. It is strictly prohibited for anyone who does not meet the age requirement as of the date of entry to be allowed to participate in the Sweepstakes and in no situation shall anyone under the age of thirteen (13) be permitted to enter any sweepstakes at any time, under any circumstances. Subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii, and where prohibited or restricted by law. Individuals who have won a prize from the Sponsor (as defined below) within one hundred eighty (180) days prior to the start date of this Sweepstakes are not eligible to enter or win.
Employees of Premiere Networks, Inc. (the “Sponsor”) (a subsidiary owned and operated by iHeartMedia + Entertainment, Inc.), The Breakfast Club (the “Radio Show”), Lincoln Educational Services (the “Prize Provider”), iHeartMedia + Entertainment, Inc., any affiliated promotional partners, each radio station contracted to broadcast the Radio Show, and each of the foregoing’s respective parents, subsidiaries, affiliates, officers, directors, any third party prize provider(s) and/or prize fulfillment service, and each of their employees, talent, artists, volunteers, shareholders, contractors, agents, and advertising agencies (collectively, the “Sweepstakes Entities”), as well as members of the immediate family of any such persons, are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
HOW TO PLAY: Throughout the Promotion Entry Period, listen to the Radio Show on your local radio station (as noted at http://thebreakfastclub.iheart.com/howtolisten/) for the on-air cue (each, a “Cue”) to play at various times along with a message instructing participants to text the key word during the Promotion Entry Period to enter for a chance to become a winner.
HOW TO ENTER: Throughout the Promotion Entry Period, you may text the Radio Show’s provided key word to the short code 64895 to enter for a chance to become a winner. You will receive at least one (1) autodialed text message in response to your entry. Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. For HELP, text “HELP” to the shortcode 64895. To STOP, text “STOP” to the short code 64895 to cancel. Participants who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and participants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text-messaging may not be available through all wireless carriers.
ALTERNATIVELY, to enter the Sweepstakes without sending a text message, you may enter by visiting www.thebreakfastclub.iheart.com (the “Website”) and follow the Sweepstakes link to enter by submitting the key word and completing the online entry form for the Sweepstakes. All entries received online must be received during the Promotion Entry Period and must include the correct key word.
Regardless of what method of entry is used, there is a limit of one (1) entry per person per day for the duration of the Sweepstakes period. A “day” begins at 12:00:01 am ET and ends at 11:59:59 pm ET. Incomplete and/or invalid or duplicate entries will be disqualified.
Any entry received or made either by text message or online after the Sweepstakes end date will not be valid and will not be deemed eligible. Valid Sweepstakes entries must contain all information requested and must be received by the Sponsor on or before the deadline for entry. Entries must contain all information requested and comply with all any applicable restrictions or requirements set forth herein to be valid. By participating in the Sweepstakes, participants agree that the Sponsor may contact them in connection with the Sweepstakes, via telephone or text message, at the telephone number from which the text message entry was received. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple participants are not permitted to share the same e-mail address and/or telephone number. Should multiple users of the same e-mail account or mobile telephone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the participant, the authorized account holder of said e-mail account or mobile telephone account at the time of entry will be considered the participant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile telephone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, telephone numbers or the domain associated with the submitted e-mail address. Participants may not register with multiple email addresses nor may participants use any other device or artifice to register multiple times or as multiple registrants. Any participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. 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. The Sponsor assumes no responsibility for participants not making timely texts to the Sponsor. The Sponsor assumes no responsibility for participants not receiving the key word as a result of the delays or issues in the Internet stream or otherwise.
Entry by sending a text message will not improve your chance of winning. Text message entries must meet all requirements set forth herein in order to be eligible. The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Sponsor makes no guarantee that any particular wireless service provider will participate. To enter by text message, the mobile phone that is used must be capable of sending and receiving text messages. Participants should check their telephone’s features to see if they have texting capability. Wireless service providers may charge participants for each text message sent and/or received, including any error message that is sent and received in connection with the Sweepstakes, based on the applicable wireless service pricing plan. By texting to enter, the participant grants permission to the Sponsor to notify them via a return text message relating to the Sweepstakes and must agree to accept all applicable charges associated therewith. Participant is responsible for all applicable fees and taxes associated with placing a text message entry. Sponsor, in its sole discretion, may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the short code is not considered proof of delivery to, or receipt by, Sponsor of such entry. Participants are restricted to the use of ordinary telephone equipment. The Sponsor disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. By participating in a Sweepstakes in which text message-based entry is permitted, participants acknowledge that text messages are distributed and delivered through third party providers; neither the Sponsor nor Radio Show guarantee, nor shall either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Sweepstakes may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the participant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Sponsor, through its third party text messaging administrators, will store all messages received on its system, and will send participants reply texts relating to the Sweepstakes throughout the Promotion Entry Period and up to sixty (60) days thereafter. The Sponsor is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsor may require, on request, proof of identity as to the rightful owner of the telephone number from which the text -message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if that entry's source and/or sender cannot be reasonably determined. BY TEXTING TO ENTER, THE PARTICIPANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA ONE (1) RETURN AUTODIALED TEXT MESSAGE PER ENTRY AND UP TO THREE (3) ADDITIONAL AUTODIALED TEXT MESSAGES IF PARTICIPANT IS A FINALIST, QUALIFIER, OR WINNER, AS APPLICABLE AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. PARTICIPANT ACKNOWLEDGES AND AGREES TO RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN RESPONSE TO THE ORIGINAL ENTRY, INCLUDING A MESSAGE CONFIRMING ENTRY, LEGAL DISCLAIMERS AND OPTIONS TO RECEIVE FUTURE PROMOTIONAL MESSAGES FROM THE SPONSOR.
DAILY PRIZE DRAWINGS / WINNER NOTIFICATION: One (1) potential winner will be selected in a random drawing conducted by the Sponsor from among all eligible entries collectively received from both entry methods by 11:59:59pm ET on the deadline date of the applicable Daily Drawing Period set forth below. Non-winning entries will NOT carry over to the next Daily Drawing Period. Odds of winning depend upon the number of eligible entries received per Daily Drawing Period.
Daily Drawing Period
Start Date 12:00:01am ET - End Date 11:59:59pm ET; Approximate Daily Winner Drawing Date
1: September 10, 2018 - September 10, 2018; September 11, 2018
2: September 11, 2018 - September 11, 2018; September 12, 2018
3: September 12, 2018 - September 12, 2018; September 13, 2018
4: September 13, 2018 - September 13, 2018; September 14, 2018
5: September 14, 2018 - September 14, 2018; September 17, 2018
6: September 17, 2018 - September 17, 2018; September 18, 2018
7: September 18, 2018 - September 18, 2018; September 19, 2018
8: September 19, 2018 - September 19, 2018; September 20, 2018
9: September 20, 2018 - September 20, 2018; September 21, 2018
10: September 21, 2018 - September 21, 2018: September 24, 2018
Each weekday between September 11, 2018 and September 24, 2018, at or around 3:00pm ET, the potential winner(s) will be notified by a telephone call at the number associated with the winning text message (if the potential winner entered via text message) or at the telephone number provided at point of entry (if potential winner entered via online registration). The potential winner must answer the first (1st) or second (2nd) telephone call or return the first (1st) telephone call within twenty-four (24) hours. The Sponsor will not, and is not obligated to, leave voice mail, answering machine or other message. If the potential winner cannot be reached directly after two (2) telephone calls, the potential winner will be disqualified and an alternate potential winner will be selected at random from among all of the remaining eligible entries until a winner is determined (up to a maximum of three (3) alternate winner selections). The alternate potential winner will also be notified in accordance with this paragraph.
By participating, you agree (a) to be bound by these Official 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 Official 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 of the Sweepstakes that participation may be required to be considered eligible.
Potential winner(s) is subject to verification, including verification of eligibility. If a participant is unable to verify his/her information, the participant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves at its sole discretion the right to not award the prize or to determine an alternate winner or finalist (if applicable) in accordance with the Official Rules in the event that that any winner or finalist has been 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 upon placing of a telephone call or sending of an email or any other form of communication Sponsor may use to contact the finalists (if any) and/or a potential winner. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of participants.
The potential winner(s) may collectively be referred to herein as “Winner” or “Winners”.
PRIZE(S): TEN (10) PRIZES: A three (3) day/two (2) night trip for Winner and one (1) guest (together, the “Attendees”) to Powerhouse NYC in Newark, New Jersey on October 28, 2018 at Prudential Center (the “Concert”). The trip includes round trip coach airfare for the Attendees from the major airport nearest the Winner's residence (as determined by the Prize Provider in its sole discretion) to Newark Liberty International Airport, two (2) nights standard hotel accommodations (single room/double occupancy/room and tax only), and two (2) tickets for the Attendees to the Concert (seating to be determined by Prize Provider in its sole discretion) (Approximate Retail Value (“ARV”): $2,300.00). The total ARV of all Prizes is $23,000.00. Prize(s) provided by Prize Provider.
Winner(s) must complete and return an Affidavit (as defined below) before any prize will be awarded. Travel must take place between October 27, 2018 and October 29, 2018 and is based on Concert availability, travel restrictions, and blackout dates. Any other dates are not valid. If a Winner is unavailable for travel by the designated date, the Winner will be disqualified and the Sponsor reserves the right to select another winner in its sole discretion and if time permits. Exact travel dates and arrangements may be subject to availability whether specified or not. A Minor must be accompanied by a parent or legal guardian. A Minor must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay, and all prize-related events) by Minor’s parent or legal guardian. If a Winner is the age of majority in his/her state of residence but is under twenty-one (21) years of age, he/she must be accompanied by a guest who is twenty-one (21) years of age or older. Actual value of a Grand Prize may depend on city of departure, travel dates, and other factors. Any difference between the estimated value of a Grand Prize and the actual value will not be awarded to a Winner. If actual value of the prize is less than the stated ARV, or the Winner and/or, if applicable, his/her guest(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the Winner will not receive the difference between the actual and ARV, and such difference will be forfeited. Attendees must travel out of the same airport and on the same itinerary. Attendees are responsible for all necessary travel authorizations such as passports, visas, and/or government identification and for any travel insurance. Selection of airline and hotel are solely within Sweepstakes Entities’ discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prize fulfillment may be coordinated with Winner(s) by a third party prize fulfillment service on behalf of Sponsor and/or Prize Provider. Meals and beverages, incidentals, gratuities, phone calls, luggage fees, travel insurance, seating upgrades, airport and travel taxes, ground transportation before, during, and after the trip, and any and all other travel-related expenses not specifically mentioned herein are the sole responsibility of Attendees. Where applicable, if, in the judgment of the Sweepstakes Entities, air travel is not required due to Winner's proximity to the prize destination, ground transportation will be substituted for roundtrip air travel at the Sweepstakes Entities’ sole and absolute discretion. The difference in value will not be awarded to the Winner. If, for any reason, any part of the trip package is cancelled or shall become unavailable, postponed, or canceled, the Sweepstakes Entities shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, the Sweepstakes Entities will not be responsible for replacing that portion of the prize. The Sweepstakes Entities is not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by Sponsor or its designee. The Sweepstakes Entities are not responsible for any travel delays, flight cancellations or difficulty. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Sweepstakes Entities is not responsible for awarding any compensation in lieu thereof. Any changes to completed travel arrangements, once booked, are the sole responsibility of the Winner, and are solely at the Winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these Official Rules will result in forfeiture of the prize. If forfeited for any reason, Winner will not receive any other prize substitution or compensation, and the prize will remain the property of the Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Attendees must comply with all applicable laws, and any rules and regulations established by the Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNER(S) ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE SPONSOR AND SWEEPSTAKES ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
The Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. The Sponsor reserves the right to substitute any portion of these prizes, including travel dates and destination, for a prize of comparable or greater value. The Sponsor and Sweepstakes Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes. The prize(s) are awarded if properly claimed according to the Official Rules and if there are sufficient eligible entries. The Sweepstakes Entities do not make, and are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Winner(s). Attendees are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sweepstakes Entities have not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. 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. If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate Winner, in its sole discretion. The Sponsor will host a maximum of three (3) alternate Winner selections after which an applicable prize will remain un-awarded. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of the Winner(s). 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. No more than the advertised number of prizes will be awarded.
RELEASE FORM: As a condition of participating in the Sweepstakes, participants agree and acknowledge that in order to receive a prize and be deemed a Winner, participants 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 Winner(s) and, if a Winner is a Minor, the Winner's parent or guardian, will be required to complete and return an Affidavit of Eligibility/Liability Release (including, where permitted, a Publicity Release) (the “Affidavit”) within seven (7) calendar days after the first (1st) delivery attempt to Winner’s email address in order for the Winner to be qualified for the prize. A Winner’s failure to return all required forms within this time period may result in the Winner being disqualified and an alternate participant may be selected from all remaining eligible entries, as determined by the Sponsor in its sole discretion. Where applicable, any guest(s) of a Winner (or his/her parent or legal guardian if a guest is a Minor) must be at least eighteen (18) years old and must complete a Liability Release (including, where permitted, a Publicity Release) prior to issuance of travel documents. The Winner will be subject to a verification process, to include Winner’s name, address, home phone number, work/cell phone number, and social security number or taxpayer identification number. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected, or unsuccessful efforts to notify Winner(s) or for any late or misdirected Affidavits or if the Winner is a Minor, for late, misdirected, or unsuccessful efforts of Winner to provide signed parental or guardian consent. If the Winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the participant will automatically be disqualified and their prize will be forfeited and no alternative prize will be substituted.
The Sponsor, its employees and agents, the Sweepstakes Entities, prize provider(s), any applicable third party fulfillment service, and each of their respective employees and agents (collectively, the “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 participant's ability to participate in the Sweepstakes; (2) any injury or damage to participant’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 participants, 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 telephone 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 participant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Sweepstakes 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.
RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each participant agrees (and agrees to confirm in writing) to release and waive any and all claims of liability against 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: (i) to release 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 9 prior to acceptance of the prize. The Released Parties are not responsible or liable to any participant or Winner or any person claiming through such participant 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 a Winner.
TAXES: Any valuation of the prize stated above is based on available information provided to the Sponsor, and value of any prize awarded to a Winner will be reported for tax purposes as required by law. Winner(s) are solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize(s) which are not specifically provided for in the Official Rules. Winner(s) 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 $600.00 or more in prizes from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
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 Official Rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide Winners come forward seeking to claim the prize, an alternate participant may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each participant’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 Radio Show’s "discretion" and/or any exercise of discretion by the Sponsor or Radio Show shall mean in Sponsor’s and/or Radio Show’s "sole and unfettered discretion." The Sponsor further reserves the right to: (i) terminate or declare any Sweepstakes null and void and rescind any prize, if in its sole judgment, the Official 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 participant in the Sweepstakes; (ii) alter or amend these Sweepstakes Official Rules at any time; and/or (iii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Sweepstakes Official Rules will be broadcast on-air, when practical. The Sponsor’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 the Sponsor, any segment of the Sweepstakes is delayed, rescheduled, postponed or cancelled, the Sponsor reserves the right, but not the obligation, to modify, suspend or cancel the Sweepstakes and shall not be required to award a substitute prize.
BINDING ARBITRATION: Any controversy or claim arising out of or relating to the 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 New York 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 (60) 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 PARTICIPANT’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.
MISCELLANEOUS: Void outside the United States, and wherever prohibited or restricted by law. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These Official Rules are designed to be fair and equal to all participants. Odds of winning depend upon the number of eligible entries received during the Promotion Entry Period. Any Winner must submit proof of eligibility and sign the Sponsor’s Affidavit to claim the prize. The Sponsor may substitute prizes, amend the Official Rules, or discontinue the Sweepstakes at any time as announced on the Radio Show. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Sweepstakes, or in the announcement of the Sweepstakes prizes. All entries become the property of the Sponsor and will not be returned. As a condition of participating in the Sweepstakes, participants agree (and agree to confirm in writing): (a) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Sweepstakes constitutes participant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon participant’s fulfillment of all requirements set forth herein.
WINNER LIST: For a winner list, where required by law, send a stamped, self-addressed envelope no later than ninety (90) days after the Sweepstakes end date to: The Breakfast Club’s Powerhouse NYC Week 1 Sweepstakes, 15260 Ventura Blvd., 4th Floor, Sherman Oaks, CA 91403.
JURISDICTION: The conduct of the Sweepstakes, and its Terms and Official Rules, are governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of New York 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 13 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.
SPONSOR: Premiere Networks, Inc., 15260 Ventura Blvd., Sherman Oaks, CA 91403.