Contest Rules
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
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