WARM 106.9 – CHRISTMAS WISH CONTEST 2020 Official Rules
WARM 106.9 – CHRISTMAS WISH CONTEST 2020
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility: To be eligible to enter the WARM 106.9 – Christmas Wish Contest 2020 (the “Contest”), listeners who are at least 18 years of age or older who currently reside in the state of Washington within the WARM 106.9 regular listening/broadcast area may nominate a person, family or charity in need this holiday season (“Nominator”). Each person, family or charity in need being nominated in the Contest must reside or be incorporated in the state of Washington (each, a “Nominee”). PLEASE NOTE that prizes awarded in connection with this Contest will be awarded to the Nominee and NOT the Nominator, as specifically noted in the Prize section of these Official Rules. Void where prohibited by law. No purchase necessary to enter the Contest. 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, any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest (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 Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Period: The Contest begins on November 16, 2020, at or about 12:00:00 AM Pacific Time (“PT”) and ends on December 11, 2020 at or about 11:59:59 PM PT (the “Contest Period”).
- How to Enter: To enter, Nominators can visit www.warm1069.com (“Website”), find the Contest tab or use keyword “Wish” to find and complete the online official entry form, which includes an essay in 250 words or less, explaining why you think the Nominee is in need and deserves to have their Christmas wish fulfilled (the entry form and essay will hereinafter collectively be referred to as the “Submission”). A Nominator may nominate as many Nominees as they wish, but limit of one (1) Nominee per entry/Submission. Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Submission, or other technical problems that may arise in connection with your entry into the Contest. 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. By submitting a Submission, you hereby acknowledge and agree that your Submission may be read on-air on WARM 106.9 without prior consent by or notice to the entrant and for no additional compensation. Further, each entrant certifies that the Submission is his or her own original work, and that he or she has the right to allow the publication of the Submission without restriction, and Sponsor’s use of the Submission will not infringe the rights of any third parties (e.g., copyrights, rights of publicity, etc.). If a Nominator would like to submit their Submission via mail instead of email, he/she may mail his/her complete name, street address, email address and daytime telephone number, along with the Nominee’s name and the 250 word essay explaining why the Nominee is in need and deserves to have their Christmas wish fulfilled in a postage-paid envelope and mail to: WARM Christmas Wish, 3650 131st Avenue S.E., Suite 550, Bellevue, Washington, 98006, to be postmarked by December 11, 2020 and received by December 18, 2020. Sponsor is not responsible for late, illegible, postage-due, misdirected, lost or stolen mailing of Submissions.
- How the Winner is Chosen: Then, on December 23, 2020, one (1) Grand Prize winning Submission will be selected by Sponsor from among all eligible Submissions received, using the following judging criteria and percentages: (1) the Nominee with the greatest need (51%) and (2) the description of why you think the Nominee deserves to have their Christmas wish fulfilled (49%). The top ten highest scoring Submissions using the preceding judging criteria will be deemed the Grand Prize winners, from among all Submissions received. In the event of a tie, the Submission with the highest score in the greatest need category will be deemed the Grand Prize winning Submission from among all tying Submissions. Sponsor reserves the right to award less than ten (10) Grand Prizes in the event not enough sufficient and eligible Submissions are received during the Contest Period. The Nominator with the winning Submission will be notified by telephone and/or email on or about the day of or after the judging and will be required to help Sponsor connect with the Nominee (if Nominator and Nominee are not the same person).
- Prize and Approximate Retail Value (“ARV’s”) – Ten (10) Grand Prizes – Up to $500.00 in goods, services or cash, in Sponsor’s sole and absolute discretion, depending in part on what specific Christmas wish and/or need is included in the Submission. ARV: Up to $500.00 each. Total ARV of all prizes is up to $5,000.00.
Prizes consist of only those items specifically listed or selected as part of the prize at Sponsor’s sole and absolute discretion. No cash or other substitution allowed by any Grand Prize 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. The prizes are non-assignable and non-transferable. All local, state, and federal taxes on the Prizes are Winner’s sole responsibility. The Nominee will be responsible for applicable taxes and fees for his/her Prize accepted. The winning Nominee must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. 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.
Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prizes consist of only those items specifically listed as part of the Prize. If a winner is deemed a minor in Washington, the winner’s parent/legal guardian may be required to accept the prize, and sign all releases, on behalf of his/her minor child/ward. Grand Prize winner (or, winner’s parent/guardian) will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. A 1099 form will be submitted to all appropriate taxing authorities, and by signing a Prize Release, the winning Nominee (or his/her parent/legal guardian if Nominee is a minor) accepts the Grand Prize.
- Claiming the Prize: Upon Prize winning Nominee and Nominator verification, as a condition of being named the official an official Grand Prize winner, the potential winning Nominee (and his/her parent/legal guardian if Nominee is a minor) must claim his/her prizes in one of two ways:
- 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 30 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 (e.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 Prize will not be awarded. Any unclaimed prize remains the property of Sponsor; or
- in order to collect the Grand Prize, the potential Grand Prize winner must provide his or her mailing address to Sponsor, along with the Prize Release and W9 (if applicable), in the timeframe set forth by Sponsor. Upon receipt of the mailing address, and Prize Release and W9 (if applicable), Sponsor will mail the Grand Prize to that winner. In the event the potential Grand Prize winner fails to verify their address or any required documents within the timeframe provided by Sponsor, he or she will forfeit his or her right to the Grand Prize. Sponsor is not responsible for lost, late, delayed, damaged, stolen or mutilated mailing of any prize. All unclaimed or returned prizes remain the property of Sponsor.
- Participation Conditions/Release/Consent to use Likeness: By participating, each Nominator and Nominee (or his/her parent/legal guardian if Nominee is under the age of 18) 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 Contest; (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 Contest, 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 Contest 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.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, 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 Contest 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 Contest 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.
- 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any Prize.
- Disputes/Governing Law: Except where prohibited, Nominator and Nominee (or his/her parent/legal guardian if Nominee is under the age of 18) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Contest, 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 Contest 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.
- Official Rules/Winner’s List: For a copy of these Official Rules, see the Website until January 11, 2021. For the names of the Grand Prize winners, send a self-addressed stamped envelope by December 29, 2020, to: Warm 106.9 Christmas Wish Contest 2020 Winners, 3650 131st Avenue S.E., Suite 550, Bellevue, WA 98006.
- Sponsor: Hubbard Radio Seattle, LLC and its station WARM 106.9 3650 131st Avenue S.E., Suite 550, Bellevue, Washington, 98006.