2023 MOTHER’S DAY GIVEAWAY SWEEPSTAKES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE

WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID

WHERE PROHIBITED BY LAW.

THESE OFFICIAL RULES GOVERN ONLY THE PROMOTION

AND ARE NOT APPLICABLE TO ANY THIRD-PARTY CONTEST

(DEFINED BELOW).

BY ENTERING THIS PROMOTION, YOU AGREE TO THESE

OFFICIAL RULES, WHICH ARE A CONTRACT BETWEEN THE

ENTRANT (“ENTRANT” OR “YOU”) AND APTIVADA, LLC. YOU

ARE ADVISED TO READ THEM CAREFULLY BEFORE

ENTERING.

Overview.

These “Official Rules” are for the 2023 Mother’s Day Giveaway

Sweepstakes (the “Promotion”), which is sponsored by Audience, LLC

(“Audience”), and presented in collaboration with participating local

radio stations and other entities (each, a “Participating Entity,” and

collectively with Audience, the “Promotion Entities”). You may enter the

Promotion by completing an entry form on a Participating Entity’s

website, as described in greater detail below, beginning at 12:00 AM

EST on Monday, April 10th, 2023, and until 11:59 PM EST on

Wednesday, May 10th, 2023 (the “Promotional Period”)

ANY WINNER WILL BE REQUIRED TO RESPOND TO WINNER

NOTIFICATION AND OTHER COMMUNICATIONS FROM

APTIVADA WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO

THE NOTICE(S) FROM APTIVADA OR THE PRIZE MAY BE

FORFEITED (IN APTIVADA’S SOLE DISCRETION).

Eligibility.

The Promotion is open to all legal residents of the United States,

including the District of Columbia, and Canada, excluding Quebec, who

is 21 years of age or older at the time of entry. Employees of a

Promotion Entity or any other television or radio stations located in the

same market as a Participating Entity, and their respective parents,

subsidiaries, affiliates, advertising or promotion partners (if any), and

members of their immediate families (spouse, parents, siblings or

children) or persons living in the same household (whether related or

not) are not eligible to participate or win. This Promotion is subject to all

applicable federal, state, and local laws and regulations. Void outside the

United States and Canada and where prohibited. Entrants who do not

meet the eligibility requirements will be disqualified and unable to win.

Entrants must provide truthful information when entering the Promotion;

Audience will reject and delete any entry that it finds to be false or

fraudulent. Audience will disqualify any entry from any individual who

does not meet the eligibility requirements, and will also delete any entry

as required by law.

Entry Method.

During the Promotional Period, entrants may enter the Promotion by

visiting the website of any Participating Entity and following all steps to

complete and submit an entry form with all required information. Limit

one (1) unique entry per person per Participating Entity per day.

Entrants must submit all information required on the entry form, which

may include first and last name, telephone number, email address, home

address, and/or date of birth. Entries will be deemed made by the

authorized account holder of the email address submitted at the time of

entry. The authorized account holder is the natural person who is

assigned to the email address by an Internet access provider, online

service provider or other organization that is responsible for assigning

the email address or the domain associated with the submitted email

address. Multiple entrants are not permitted to share the same email

address. Entries submitted will not be acknowledged or returned. Use of

any device to automate entry is prohibited. Incorrect, illegible, corrupt,

and incomplete entries are void. Proof of submission of an entry shall

not be deemed proof of receipt.

A Participating Entity may offer entrants the opportunity to earn bonus

entries throughout the Promotion Period. The availability of and means

for earning such bonus entries shall be at the discretion of each

Participating Entity. Any bonus entries earned throughout the Promotion

Period will only apply to drawings for local prizing at the discretion of

each Participating Entity. Again, any bonus entries earned throughout

the Promotion Period will NOT apply to the drawing for the

national grand prize.

All information entrants provide upon entering the Promotion is subject

to Audience’s Privacy Policy, available at https://www.audience.io, For

details about how information is collected and used by Participating

Entities, entrants must refer to the applicable Participating Entity’s

privacy policy.

The Promotion Entities are not responsible for technical outages, delays,

or malfunctions of any kind, including those related to the Internet, cell

phone service, or computer failures. Accordingly, the Promotion Entities

are not responsible for errors or data loss of any kind, lost or unavailable

Internet connections, failed, incomplete, garbled or deleted computer or

network transmissions, inability to access any website or online service,

any other error or malfunction, late, lost, illegible or misdirected entries,

or for printing errors in any advertisement, entry form or rules.

Entry materials that have been tampered with or altered are void. If the

Promotion Entities determine, in their sole discretion, that there is any

suspected or actual electronic tampering with the Promotion or if

technical difficulties compromise the integrity of the Promotion, the

Promotion Entities reserve the right to void the entries at issue and/or

modify, suspend or terminate the Promotion. If, for any reason, the

Promotion is not capable of running as planned, including because of

tampering, unauthorized intervention, fraud, technical failures, or any

other causes beyond the control of the Promotion Entities which corrupt

or affect the administration, security, fairness, integrity or proper

conduct of the Promotion, the Promotion Entities reserve the right to

modify, suspend or terminate the Promotion.

Any attempt by an entrant or any person to deliberately damage any

website or social networking site used in the Promotion or to undermine

the legitimate operation of this Promotion may be a violation of criminal

and civil laws. Should such an attempt be made, Audience reserves the

right to seek full prosecution and/or damages from any such individual

to the fullest extent permitted by law. Audience’s failure to enforce any

term of these Official Rules shall not constitute a waiver of that

provision.

Prizes and Odds of Winning.

A total of one prize, in the amount of $2000 will be awarded. The Prize

will be awarded in the form of a check from Audience and may take 6–8

weeks from the end of the Promotional Period to issue.

All prize details not specifically stated in these Official Rules will be

determined by Audience in its sole discretion. All taxes (federal, state,

and local) are the sole responsibility of the Winner. Winner will receive

an IRS Form 1099 for the ARV of the prize. Prize will be mailed to the

Winner following verification at the address provided by Winner.

Odds of winning depend on the number of eligible entries received.

The Prize cannot be transferred or substituted except in Audience’s sole

discretion.

Audience reserves the right to substitute the Prize with a prize of

comparable or greater value (as determined by Audience in its sole

discretion). The Prize is expressly limited to the item(s) listed above and

does not include taxes, gratuities or any other expenses.

By accepting the Prize, the Winner agrees to release Audience and its

advertising, promotion and production agencies and their respective

parents and subsidiaries, shareholders, directors, employees, agents and

representatives from any and all liability, claims or actions of any kind

whatsoever for injuries, damages or losses to persons and property

which may be sustained directly or indirectly in connection with the

receipt, ownership or use of the Prize.

Third-Party Contests.

Each Participating Entity may offer entry into a local sweepstakes that is

affiliated with the Promotion (a “Third-Party Contest”). Each Third-

Party Contest is a separate sweepstakes governed by its own official

rules. Please see the Third-Party Contest official rules from the

Participating Entity through whom you entered for full details. Third-

Party Contests are not endorsed by Audience under Audience’s control,

and Audience is not responsible for the legality, appropriateness or any

other aspect of such Third-Party Contests, or for any damage or loss

caused or alleged to be caused by your participation in any such Third-

Party Contests. When you enter a Third-Party Contest, you do so at your

own risk. Any bonus entries earned throughout the Promotion Period

will only apply to drawings for local prizing at the discretion of each

Participating Entity.

                           

Winner Selection and Notification.

Decisions of Audience with respect to the Promotion, including winner

selection and the awarding of prizes, are final and binding when made.

A Winner will be randomly selected from among all eligible entries via

random drawing conducted on or about February 1st, 2023

The Winner will be contacted by Audience at the phone number or email

provided at the time of entry. Audience is not responsible for any prize

that cannot be awarded due to acts of God, acts of war, natural disasters,

weather, acts of terrorism or other factors beyond Audience’s control.

Prior to awarding a prize, Audience in its sole discretion may require

verification of the winner’s identity by a showing of valid governmentissued

photo ID.

General.

Payments of all federal, state and local taxes are solely the responsibility

of Winner. Winner must execute and return any required IRS form

(including IRS form 1099), affidavit of eligibility, liability and publicity

release (where permitted by law), or similar document within ten (10)

days of notification or Winner may be disqualified in Audience’s sole

discretion and the prize will be forfeited.

Participating in the Promotion and accepting a prize constitutes the

Winner’s permission for Audience or its agents to photograph, film, and

record Winner, and to use his/her name, address (city and state),

likeness, photograph, voice, biographical information and/ or any

statements made by him/her regarding the Promotion or its sponsors for

purposes of trade, publicity or promotion without additional financial or

other compensation, and, Audience may, where legal, require the Winner

to sign a publicity release confirming such consent prior to acceptance of

the prize.

To the fullest extent permitted by law, by participating in the Promotion

and/or accepting a prize, an entrant understands and agrees to release

and hold harmless Promotion Entities, and each of their respective

parent, subsidiary and affiliated entities, advertising and promotion

agencies, any social media platform utilized in the conduct of the

Promotion (including but not limited to Facebook), and the officers,

shareholders, directors, employees, agents, representatives, successors,

and assigns of each (collectively, the “Released Parties”) against any and

all claims or liability arising directly or indirectly from the Prize or the

Promotion. You further understand and agree that all rights under

Section 1542 of the Civil Code of California (“Section 1542”) and any

similar law of any state or territory of the United States that may be

applicable with respect to the foregoing release are hereby expressly and

forever waived.

You acknowledge that Section 1542 provides that: “A GENERAL

RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The

releases hereunder are intended to apply to all claims not known or

suspected to exist with the intent of waiving the effect of laws requiring

the intent to release future unknown claims. The Federal Arbitration Act

applies to this agreement, and if the parties are unable to resolve their

dispute amicably, it shall be resolved by means of binding arbitration

(not in a court of law); that any and all disputes, claims, and causes of

action arising out of or in connection with this Promotion, or any prizes

awarded, shall be resolved individually, without resort to any form of

class action (even if the rules and procedures of the arbitration tribunal

allow class arbitrations). The invalidity or unenforceability of any

provision of these Official Rules, including but not limited to the

agreement to arbitrate, shall not affect the validity or enforceability of

any other provision. If any such provision is determined to be invalid or

otherwise unenforceable, these rules shall be construed in accordance

with their terms as if the invalid or unenforceable provision was not

contained herein.

Any and all claims, judgments, and awards shall be limited to actual outof-

pocket costs incurred, including costs associated with entering this

Promotion, but in no event and under no circumstances will entrants or

winners be permitted to obtain awards for attorneys’ fees, and entrants

hereby waive all rights to claim punitive, incidental, or consequential

damages, or any other form of damages, other than actual out-of-pocket

expenses, and any and all rights to have damages multiplied or otherwise

increased; that any claim or dispute regarding the Promotion or these

Official Rules will be resolved pursuant to the laws of the State or

Commonwealth in which Audience is located, without regard to the

conflicts of laws and rules of that State or Commonwealth; that any

claim or dispute regarding the Promotion or these Official Rules will be

resolved in a tribunal within the State of Utah, and entrants submit to the

jurisdiction of and waive all objections to the jurisdiction or venue of

such tribunal; and if for any reason a claim or dispute regarding the

Promotion or these Official Rules proceeds in court rather than through

arbitration, there will not be a jury trial.

Official Rules and Winner List.

To obtain a copy of these Official Rules or a winner list following

completion of the Promotion, email your request

to [email protected].

 

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