Elvis Duran and the Morning Show’s Poshmark Free Money Phone Tap 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.
PROMOTION ENTRY PERIOD : Elvis Duran and the Morning Show’s Poshmark Free Money Phone Tap Sweepstakes (the “Sweepstakes”) begins at 6:00:01am Eastern Time (“ET”) on February 4, 2019 and ends at 9:59:59am ET on Febraury 8, 2019 (the “Promotion Entry Period”). All entries must be received during the Promotion Entry Period. The Radio Show’s computer is the official time keeping device for this Sweepstakes. During the Promotion Entry Period, there will be five (5) Daily Prizes (as defined below) awarded as set forth in Section 4 below.
ELIGIBILITY : Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Montana, New Mexico, and Washington) 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 Montana, New Mexico, Washington, and where prohibited or restricted by law. Individuals who have won a prize from the Radio Show (as defined below) within one hundred eighty (180) days prior to the start date of this Sweepstakes are not eligible to participate or win.
Employees of Premiere Networks, Inc. (the “Sponsor”) (a subsidiary owned and operated by iHeartMedia + Entertainment, Inc.),Elvis Duran and the Morning Show (the “Radio Show”),iHeartMedia + Entertainment, Inc., Poshmark Inc., any affiliated promotional partners, any third party prize provider(s) and/or prize fulfillment service, each radio station contracted to broadcast the Radio Show, and each of the foregoing’s respective parents, subsidiaries, affiliates, officers, directors, 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 ENTER/PLAY :Each weekday during the Promotion Entry Period, listen LIVE to the Radio Show on your local radio station (as noted at https://elvisduran.iheart.com/howtolisten/ ) at 7:20am ET for the on-air cue (each, a “Cue”) to call in to the Radio Show’s contest line at (800) 242-0100. The 100 th caller wins the daily prize (each, a “Daily Prize”), subject to verification of eligibility and compliance with these Official Rules (each, a “Winner”). Winner, if eligible, must be the designated caller to the phone number announced. If the Radio Show determines the designated caller is not eligible, the Radio Show many select the next consecutive eligible caller as the Winner for that playtime. Odds of winning a Daily Prize depend on the number of eligible callers placing calls in response to the Cue. LIMIT: One (1) Daily Prize per person/household.
The Sponsor assumes no responsibility for participants not making timely phone calls to the Radio Show as a result of the delays in the Internet stream. WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Sweepstakes participants should not rely on streamed broadcasts. Participants may contact their local station to determine participation or visit the Radio Show’s website. Sweepstakes not valid on weekends and holidays unless otherwise mentioned herein or announced on air. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. 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.
DAILY PRIZES / WINNER VERIFICATION:
Start Date 6:00:01am ET
End Date 9:59:59am ET
February 4, 2019
February 4, 2019
February 5, 2019
February 5, 2019
February 6, 2019
February 6, 2019
February 7, 2019
February 7, 2019
February 8, 2019
February 8 2019
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) : FIVE (5) DAILY PRIZES : One (1) check in the amount of one-thousand dollars ($1,000.00) made Payable to the Winner (the “Promotional Card”) (Approximate Retail Value (“ARV”): $1,000.00). The total ARV of all prizes is $5,000.00. Prize(s) provided by Sponsor(s).
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. The Sponsor reserves the right to substitute any portion of these prizes for a prize of equal or greater value. Prizing may be fulfilled by a third party fulfillment company. 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 Sponsor does not make, and is 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). No transfer, assignment, change of the prize, or cash substitution is permitted except at the sole discretion of the Sponsor.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 WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (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 (1 st ) 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.
WINNERSLIST : For a winner list, where required by law, send a stamped, self-addressed envelope no later than ninety (90) days after the end date of the Sweepstakes to: Elvis Duran and the Morning Show’s Poshmark Free Money Phone Tap Sweepstakes , 15260 Ventura Blvd., 4 th Floor, Sherman Oaks, CA 91403.
JURISDICTION : 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 Sweepstakes, 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 12 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.