Elvis Duran and the Morning Show’s Valentine’s Day 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.
1. PROMOTIONENTRY PERIOD: Elvis Duran and the Morning Show’s Valentine’s Day Sweepstakes (the “Sweepstakes”) begins at 6:00:01 a.m. Eastern Time (“ET”) on February 10, 2020 and ends at 9:59:59 a.m. ET on February 14, 2020 (the “Sweepstakes End Date”) (collectively, 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.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least twenty-one (21) years of age or older as of the date of entry. 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, outside of the United States, and where prohibited or restricted by law. Individuals who have won a prize (or whose household has 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.), Elvis Duran and the Morning Show (the “Radio Show”), iHeartMedia + Entertainment, Inc., any additional 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, LLC members, 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.
The Sweepstakes is administered by the Sponsor and any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor.
3. OVERVIEW OF SWEEPSTAKES / HOW TO ENTER: There two (2) ways to enter: (1) Twitter and (2) Instagram. During the Promotion Entry Period, access your social media account, follow the links and instructions to (A) become a follower of the Radio Show on Twitter and Instagram and (B) post a message on your social media account on Twitter and Instagram (the “Post”) and include the hashtag “#ElvisContest” and mention or tag the Radio Show. Entries that do not include the hashtag “#ElvisContest” and mention or tag the Radio Show and/or the specified description will be void. Description may not contain any content other than the description indicated above, or participant may be disqualified, in Sponsor’s sole discretion. Entries must contain all information requested and comply with all Content submission requirements set forth herein to be valid.
(A) Twitter Method of Entry: During the Promotion Entry Period, visit Twitter (www.twitter.com) or access the Twitter mobile application and follow the links and instructions to log in to participant’s Twitter account (the “Twitter Account”). If participant does do not have a Twitter Account, participant may create one atwww.twitter.com. Twitter Accounts are free. Twitter’s Terms of Service apply:https://twitter.com/tos. Then, follow the links and instructions to (A) become a follower of @ElvisDuranShow and (B) Post a tweet and include the hashtag “#ElvisContest” and mention/tag the @ElvisDuranShow in your Tweet to receive one (1) entry into the Sweepstakes.
Limit: one (1) entry per person per day regardless of the method of entry used during the entire Promotion Entry 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 Promotion Entry Period, February 10, 2020, which shall begin at 6:00:01 a.m. ET and the last day of the Promotion Entry Period, February 14, 2020, which shall end at 9:59:59 a.m. ET. Multiple participants are not permitted to share the same social media account.
In order for your entry(s) to be valid, your Twitter and Instagram profile(s) must be public and thus viewable by the Sponsor and its agents.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Twitter and Instagram. You understand that you are providing your information to the Sponsor and not to Twitter and Instagram.
Participant must comply with Twitter Terms of Service athttps://twitter.com/tos. All participants must have a valid Twitter account. You can create a Twitter account at no cost. Participants may not enter with multiple Twitter accounts, nor may participants use any other device or artifice to enter multiple times or as multiple registrants. Multiple participants are not permitted to share the same Twitter account. Should multiple users of the same Twitter account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the participant, the authorized account holder of said account at the time of entry will be considered the participant. “Authorized account holder” is defined as the natural person who is assigned a Twitter account by Twitter Inc. or other organization which is responsible for assigning Twitter accounts or the domain associated with the submitted account.
Automated entries are prohibited and any such use will cause disqualification. Participants may not enter with multiple email addresses/Twitter/Instagram accounts nor may participants use any other device or artifice to enter multiple times or as multiple participants. If it is discovered that you have entered or attempted to enter the Sweepstakes more than the listed limitduring the Sweepstakes Entry Period or have attempted to enter multiple times using multiple identities, Twitter/Instagram accounts or email addresses, all of your entries will be declared null and void, and any prize you might have been entitled to will not be awarded. Entries are subject to any applicable restrictions or requirements listed herein. Presence of an entry on a website/Twitter/Instagram is not a confirmation, representation, or warranty by the Sponsor or any of its representatives that the entry is compliant with these Official Rules. Sponsor’s decisions with respect to whether an entry complies with these Official Rules are final and binding and may be made by Sponsor at any time. Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole discretion of the Sponsor and/or Twitter/Instagram. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or website/Twitter/Instagram or by any technical or human error which may occur in the processing of the entries.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, damaged, stolen, garbled, delayed, misdirected, or incomplete entries or communications, regardless of cause. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor. The Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. 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. 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. All entries become the property of Sponsor and will not be acknowledged or returned. Sweepstakes winner(s) will be selected from Twitter and Instagram entries only. Where applicable, one (1) prize per person/household. The Sponsor will not verify receipt of entries. By entering, participants acknowledge compliance with the Official Rules, including eligibility requirements. Responsibility for receipt of entry rests solely with the participant.
4. CONSUMER CREATED CONTENT: As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Sweepstakes (including, but not limited to, the tweet, post, photograph, images, videos, hashtags, descriptions, tags, submission).
By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose likeness or name is used in the Content, and (g) that publication of the Content via various media including Web posting, will not infringe on the rights of any third party. Any such participant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any participant whose Content includes names or likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of persons, buildings, background artwork, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of participant as a winner. The Content submitted shall be 100% owned and controlled by the participant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Sweepstakes Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Sponsor, and the Sweepstakes Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Sweepstakes Entities, or developed by their employees, or obtained from sources other than you.
BY SUBMITTING ANY CONTENT, PARTICIPANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR’S WEBSITES, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S SOLE DISCRETION. In consideration for your participation in this Sweepstakes and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Sweepstakes Entities, and any other entities authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers), irrevocable right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the participant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
- Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor websites;
- The Content must be Federal Communications Commission (FCC) acceptable, including no use of indecent or obscene material or language;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous or illegal activity;
- Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be offensive, endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the Radio Show, any of their respective products and/or services, or about any other people, products or companies;
- Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than participant’s;
- Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
- Content cannot contain copyrighted materials owned by others (including tattoos, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the participant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Sweepstakes. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content and grant the rights herein granted to Sponsor and Sweepstakes Entities);
- Content shall not include any background artwork, unless it is an original work of the participant (any artwork, murals, etc. that can be seen in the Content must be created solely by the participant or participant must be the sole owner of all copyright interests therein);
- The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- Content cannot depict, and cannot itself, be in violation of any law; and
- The Content must be socially acceptable and in good taste, as determined by the Sponsor in the Sponsor’s sole discretion.
By accepting a prize, the winner(s) agrees that his/her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
5. PRIZE DRAWING / WINNER NOTIFICATION:At or about 12:00 p.m. ET on or about three (3) days after the Sweepstakes End Date (the “Winner Drawing Date”), one (1) potential winner will be selected in a random drawing conducted by the Sponsor from among all eligible Entries received during the Promotion Entry Period. Odds of winning depend upon the number of eligible Entries received during the Promotion Entry Period.
At or about 1:00 p.m. ET on the Winner Drawing Date, the potential winner will be notified by direct message at the account (Twitter and/or Instagram) used during registration.THE SPONSOR WILL DIRECT MESSAGE THE POTENTIAL WINNER THREE (3) TIMES WITHIN ONE (1) HOUR AND WILL REQUEST CONTACT INFORMATION FROM THE POTENTIAL WINNER. THE POTENTIAL WINNER MUST RESPOND TO ONE (1) OF THE DIRECT MESSAGES WITH ALL THE INFORMATION REQUSTED BY THE SPONSOR WITHIN THE ONE (1) HOUR. IF THE POTENTIAL WINNER DOES NOT REPLY TO ONE (1) OF THE DIRECT MESSAGES WITHIN THAT HOUR OR DOES NOT RESPOND WITH THE REQUIRED CONTACT INFORMATION, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD WITH THE SAME REQUEST ON THE SAME DAY. The Sponsor is not obligated to and may not leave a voicemail, answering machine, or other message when contacting a potential winner. Each potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the social media account used to enter the Sweepstakes, in Sponsor’s sole discretion.
Then, at or about 2:00 p.m. ET on the same Winner Drawing Date, the potential winner will be notified by phone at the phone number provided at the request of the Sponsor during the initial direct message or comment reply.THE SPONSOR WILL CALL THE POTENTIAL WINNER THREE (3) TIMES WITHIN ONE (1) HOUR. THE POTENTIAL WINNER MUST ANSWER ONE (1) OF THE CALLS. IF THE POTENTIAL WINNER DOES NOT PICK UP ONE (1) OF THE CALLS WITHIN THAT HOUR, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. The Sponsor is not obligated to and may not leave a voicemail, answering machine, or other message when contacting a potential winner.
If a potential finalist and/or potential winner cannot be contacted from the information provided during registration, is disqualified, or deemed ineligible, the Sponsor reserves the right to select another finalist and/or winner at its sole discretion and if time permits. Notification is deemed to have occurred immediately upon placing of a phone call or sending of a direct message, email, or any other form of communication Sweepstakes Entities may use to contact the finalists (if any) and/or a potential winner. The Sponsor is not responsible for any change of email address, social media handle name, mailing address, and/or telephone number of participants.
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 to the Sweepstakes that participation may be required to be considered eligible.
Potential winner(s) are 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 and/or finalist (if applicable) in accordance with these Official Rules in the event that that any winner and/or finalist is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes event(s).
The potential winner(s) may collectively be referred to herein as “Winner” or “Winner(s)”.
6. PRIZE(S):ONE (1) PRIZE: A six (6) day/five (5) night trip for the Winner and one (1) guest (together, the “Attendees”) to Secrets Papagayo Costa Rica in Guanacaste, Costa Rica (ARV: $5,000.00). The trip includes:
- Round trip coach air transportation for the Attendees from the major airport nearest the Winner's residence to the Liberia International Airport in Costa Rica (as determined by the Sponsor in its sole discretion);
- Five (5) nights standard hotel accommodations in a panoramic view room with a king bed (single room/double occupancy/room and tax only);
- Limitless access to gourmet à la carte dining options without reservations required;
- Unlimited international and domestic top-shelf spirits;
- Unlimited natural fruit juices and soft drinks;
- 24-hour room and concierge services;
- Pool and beach wait service;
- Daily refreshed mini-bar with soft drinks, juice, bottled water and beer;
- Daily maid service;
- Endless daytime activities and live nightly entertainment;
- Theme parties, oceanfront bars and entertainment venues;
- No wristbands required;
- All taxes and gratuities included.
The total ARV of all prize(s) is $5,000.00. Prize(s) provided by Sponsor.
Winner(s) must complete and return an Affidavit (as defined below) before any prize(s) will be awarded. All travel must take place by December 31, 2020 and is based on 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. 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(s) 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(s), 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(s), unless otherwise specified. Prize fulfillment may be coordinated with Winner(s) by a third party prize fulfillment service on behalf of Sweepstakes Entities. 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(s) and the prize(s) 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(s). The Sweepstakes Entities are 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 are 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 prize(s) 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(s) in accordance with these Official Rules will result in forfeiture of the prize(s). If forfeited for any reason, Winner will not receive any other prize substitution or compensation, and the prize(s) 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(S), 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 prize(s), in whole or in part, including travel dates and destination, with another prize (or prize component) of equal or greater value or alternatively may substitute such prize with a comparable prize (or prize component) of like per the Sponsor’s discretion, if for any reason a prize, or any portion thereof, as described herein should become unavailable. 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(s) 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 prize(s), regarding the use, value or enjoyment of the prize(s), 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(s) is/are 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(s) will remain un-awarded. Unclaimed prize(s) will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize(s) are the sole responsibility of the Winner(s). ALL PRIZE(S) 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(S) (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.
7. RELEASE FORMS: 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) 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(s). 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 must be twenty-one (21) years of age or older 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. If the Winner does not claim the prize(s) within the appropriate time given upon notification or unless otherwise stated herein, the participant will automatically be disqualified and their prize(s) will be forfeited and no alternative prize(s) will be substituted.
Each participant agrees and acknowledges that the Sponsor, its employees and agents, the Sweepstakes Entities, Twitter Inc., Instagram, Inc., prize provider(s), sponsor(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 (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(s), 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 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.
10. 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 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(s), including any travel related thereto. By accepting the prize(s), 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 prize(s); 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(s). 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(s) 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(s), the Sponsor will have no further obligation to a Winner.
11. TAXES: Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and value of any prize(s) 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(s) 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(s) will be awarded. Any person winning $600.00 or more in prize(s) 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.
12. 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 Winner(s) come forward seeking to claim the prize(s), an alternate participant may be selected in a random drawing from among all persons making purportedly valid claims for the prize(s). 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(s), 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.
13. 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.
14. MISCELLANEOUS: 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. Any Winner must submit proof of eligibility and sign the Sponsor’s Affidavit to claim the prize(s). The Sponsor may substitute prize(s), 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 prize(s). 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(s) 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.
15. WINNERS 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: Elvis Duran and the Morning Show’s Valentine’s Day Sweepstakes, 15260 Ventura Blvd., 4thFloor, Sherman Oaks, CA 91403.
16. 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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the 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.
17. SPONSOR: Premiere Networks, Inc., 15260 Ventura Blvd., Sherman Oaks, CA 91403.