Aulani, a Disney Resort and Spa SWEEPSTAKES official rules

WARM 106.9  – VACATION TO AULANI, a Disney Resort and Spa SWEEPSTAKES

Official Rules

 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

 

  1. Eligibility: The WARM 106.9 – Vacation to Aulani, a Disney Resort and Spa Sweepstakes (the “Sweepstakes”) is open to listeners 18 years or older and residents of Washington or Oregon. In order to be eligible to win a prize in this Sweepstakes, you cannot have won any prize from WARM 106.9 of any value within 30 days prior to the awarding of a prize to you in this Sweepstakes; or a prize or combination of prizes with a total stated value of $500.00 or more from WARM 106.9 within 180 days prior to the awarding of a prize to you in this Sweepstakes. These restrictions apply even if you reject the prize.  This waiting period of 30 or 180 days does NOT apply to movie premiere events; winning movie premiere event tickets does not count toward any prize waiting period.  Void where prohibited by law. No purchase necessary to enter the Sweepstakes. Employees of Hubbard Radio Seattle, LLC and its station WARM 106.9, 3650 131st Avenue S.E., Suite 550, Bellevue, Washington, 98006 (“Sponsor”), Hubbard Radio, LLC, Disney (“Promotional Participant”), or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes (collectively with Sponsor, the “Released Parties”) any radio, television or other media companies located in the Seattle area, and their immediate family, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. Sweepstakes Period: The Sweepstakes begins on September 19, 2016, at or about 7:00:00 AM Pacific Time (“PT”) and ends on October 14, 2016 at or about 8:00:00 PM PT (the “Sweepstakes Period”).  The Sweepstakes Period consists of two separate entry periods: the Daily Entry Periods (defined in Official Rule #3 below), and the weekly Grand prize entry periods (defined in Official Rule #3 below).

 

  1. How to Enter. This is a listen to enter Sweepstakes. Listen to Warm 106.9 each weekday from 7:00:00 AM PT to 7:00:00 PM PT during the Sweepstakes Period (each, a “Daily Entry Period”) for the Vacation to Aulani keyword to be announced on-air every hour each weekday (each, a “Keyword”). Upon hearing the Keyword, you will have until 8:00:00 PM PT of each weekday to text the Keyword to 37667 to receive: one (1) entry into that day’s Daily Entry Period and one (1) entry into that week’s grand prize entry period which be defined as occur each week throughout the Sweepstakes Period (each, a “Weekly Grand Prize Entry Period”), simultaneously. Or, to enter without texting, log onto warm1069.com (“Website”), to find and complete the online official entry form, including inputting the correct Keyword where indicated on the online entry form to receive one (1) entry into that day’s Daily Entry Period and one (1) entry into that week’s Weekly Grand Prize Entry Period, simultaneously. All entries must be received by 8:00:00 PM PT for each Daily Entry Period, or by 8:00:00 PM PT each Sunday night for each Weekly Grand Prize Entry Peirod. Any entry that doesn’t contain a Keyword or that is sent after 8:00:00 PM PT on any Daily Entry Period will be disqualified and will not be eligible for that Daily Entry Period’s or the Grand Prize Entry Period’s a random drawing. Limit one (1) entry per Daily Entry Period, for a total of twenty (20) entries per person/email address/cellular number for the Grand Prize Entry Period.

 

Text message rates MAY apply. Note that webcasts of Station’s programming are typically on a delayed basis, which may affect participation in this Sweepstakes. In the event of a dispute regarding the identity of the person submitting a mobile text entry or email entry, the entry will be deemed to be submitted by the person in whose name the mobile number or email address is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the mobile number or email address associated with the winning entry and complete an affidavit and/or any applicable releases. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor.

 

  1. Random Drawings – One (1) Daily Prize winner will be selected the business day following each Daily Entry Period, from among all eligible entries received in the previous day’s Daily Entry Period, for a total of twenty (20) Daily Prize winners. Odds of winning a First Prize depends on the number of eligible entries received during each Daily Entry Period. All non-winning entries from any Daily  Entry Period WILL NOT be carried over to subsequent Daily Entry Periods. Then, each Monday during the Sweepstakes Period beginning on September 26, 2016, one (1) Grand Prize winner will be selected from among all eligible entries received during the previous week’s Weekly Grand Prize Entry Period, for a total of four (4) Grand Prize winners. Odds of winning a Grand Prize depend on the number of eligible entries are received in each Weekly Grand Prize Entry Period. All non-winning entries from any Weekly Grand Prize Entry Period WILL NOT be carried over to subsequent Weekly Grand Prize Entry Periods. Winners will be notified by email or telephone on or about the day of the applicable random drawing. Decisions of Sponsor are final and binding. Failure to respond to a winner notification within two (2) days will be deemed forfeiture of the Prize and an alternate winner may be selected at Sponsor’s sole discretion, time permitting. Sponsor is not responsible for email notifications that are undeliverable or voicemail messages not received.

 

  1. Prize and Approximate Retail Value (“ARV’s”) – Four (4) Grand Prizes (one (1) per Weekly Grand Prize Entry Period) A trip for four (4) between Seatac International Airport Seattle, WA and Honolulu International Airport, HI; a voucher for four (4) for round-trip ground transportation between Honolulu International Airport and Aulani – A Disney Resort & Spa in Honolulu HI. Room accommodations for one (1) standard room (maximum of four (4) people in one room) for four (4) nights at Aulani, A Disney Resort & Spa in Honolulu, HI and a $200 Resort Credit at Aulani – A Disney Resort & Spa. ARV: $4550.00 each. Prizes consist of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner, but Sponsor may substitute the prize, or any portion thereof, for a prize of equal or greater value at Sponsor’s sole discretion for any reason. All local, state, and federal taxes on the Prize are Winner’s sole responsibility. The winner is responsible for applicable taxes and fees. Winner must travel by September 15, 2017 or prize will be forfeited. Winner is responsible for all applicable taxes and fees. Taxes and fees are subject to change upon notice from Sponsor and are nonrefundable. Blackout dates apply. Winner is responsible for charges incurred for winner name changes or trip cancellations. Winner and guest must travel on the same itinerary. A Guest under the age of majority must be accompanied by his/her parent/legal guardian who must be at least the age of majority and both will be deemed Guests of the winner (unless the winner is the Guest’s parent or legal guardian).  Once selected by winner, Guests cannot be changed without the express consent of Disney, which may be withheld for any reason.  Vacation Package and its components may not be used in conjunction with any other promotion or offer, separated, sold, exchanged or redeemed for cash, traded, transferred, substituted, assigned, or rescheduled to dates other than as set forth above, except in Disney’s sole and absolute discretion. All elements of the Vacation Package must be used by the Group on the same dates during the redemption of the Vacation Package.  Any portion of the Vacation Package not accepted or used by winner will be forfeited. The winner may not charge any Guest for participating in the prize.  Prizes are awarded “as is” with no warranty or guarantee, expressed or implied, being provided by Sponsor or Disney. The winner and his/her Guests are responsible for having valid travel documents including government-issued identification and/or passports, as applicable. Winner is required to have and present a major credit card in good standing upon check-in. The winner will not receive compensation for any element(s) of the Vacation Package that any participant(s) is unable to use for any reason, and such unused portion(s) of the Vacation Package will be forfeited. If the winner chooses to bring less than the allotted number of Guests, the Vacation Package will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the winner. All disputes arising out of or relating to any prize provided by Disney shall be resolved by applying the laws of Hawaii, without regard to conflict of law rules, and shall be solely and exclusively brought in state or federal courts within Honolulu, Hawaii. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.

 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail and govern.

 

Trips are nontransferable and not redeemable for cash. Additional air carrier baggage charges are the responsibility of the traveling passenger. Any optional service fees including seat selection, meals, and drinks are not included and are the responsibility of the traveling passenger. If the winner and his/her guests miss the initial flight as scheduled to Hawaii, the winner will forfeit the prize. If the winner and/or his/her guests are not present for the designated return flight, he/she is solely responsible for his/her return to Seattle. Disney trip is subject to hotel availability at the Aulani – A Disney Resort & Spa resort and reservations must be made at least 45 days in advance. Vacation package, Vacation package components and tickets and/or credits may not be sold, redeemed for cash, traded, transferred or rescheduled to dates other than as set forth in these rules. Vacation package components may not be separated. Certain travel restrictions apply. The vacation packages shall not include the following: airport departure fees; baggage fees; travel insurance; hotel room service; parking fees; laundry service; food; alcoholic beverages; merchandise; souvenirs, etc; local and long distance telephone calls; tips; gratuities, service charges, resort fees; and any taxes; or all other charges not explicitly included in the packages.  Disney, its parent subsidiary, related and affiliated companies and their respective officers, directors, employees and agents shall be released and discharged from any and all legal claims, losses injuries, demands, damages, actions and or causes of actions which arise out of and/or in any way relate to the Prize, the receipt, use and/or enjoyment if the Prize and/or the Sweepstakes.

 

Twenty (20) First Prizes – A $250.00 in Disney Gift Card. ARV: $250.00 each. Gift cards are subject to the terms, conditions and restrictions as printed on the Card.

 

The prizes are non-substitutable, non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prize consists of only those items specifically listed as part of the Prize.

 

The Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable income taxes associated with accepting their Prize. Grand Prize winner and guests (or guest’s parent/legal guardian if guest is deemed a minor in the state of his/her residence) will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. For the Grand Prize winner, a 1099 form will be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winner accepts the Grand Prize, and even if the Grand Prize winner does not use the Grand Prize, he/she will be responsible for the applicable taxes. Sponsor may substitute any Prize, or portion thereof, for one of equal or greater value for any or no reason at Sponsor’s sole discretion.

 

  1. Claiming the Grand Prize: Upon winner verification, as a condition of being named the official an official Grand Prize winner, the potential winner must claim his/her prize in person at the WARM 106.9 Studios at 3650 131st Avenue S.E., Suite 550, Bellevue, Washington during regular business hours (9:00 a.m. – 5:00 p.m.; Monday – Friday) within 10 days of winner verification. Failure to comply with any deadline set forth in these official rules shall be deemed to be the winner’s forfeiture of his or her right to claim a Prize. If required by Sponsor, a winner must prove he or she is a qualified winner by presenting identification acceptable to Sponsor (g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is a qualified winner, the Grand Prize will not be awarded.  Any unclaimed prize remains the property of Sponsor.

 

  1. Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s participation in this Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.

 

  1. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prize described in these Official Rules will be awarded.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize.

 

  1. Privacy Policies and Data Collection: Information provided by you for this Sweepstakes on the entry form is subject to Sponsor’s privacy policy located at: http://corporate.hubbardradio.com/privacy-policy/. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by phone, direct message, or email accounts provided on the entry form to administer and fulfill this Sweepstakes.

 

  1. Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.

 

  1. Official Rules/Winners’ List: For a copy of these Official Rules, see the Website until November 14, 2016. For the names of the Prize winners, send a self-addressed stamped envelope by October 21, 2016, to: Warm 106.9 Vacation to Aulani Sweepstakes Winner, 3650 131st Avenue S.E., Suite 550, Bellevue, Washington,

 

  1. Sponsor: Hubbard Radio Seattle, LLC and its station WARM 106.9 3650 131st Avenue S.E., Suite 550, Bellevue, Washington,