AUDIENCE’S OFFICIAL RULES FOR
HOME FOR THE HOLIDAYS 2023
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 AUDIENCE,
LLC. YOU ARE ADVISED TO READ THEM CAREFULLY
BEFORE ENTERING.
Overview. These “Official Rules” are for the Home for the Holidays
2023 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 RadioContest.com or a
Participating Entity’s website, as described in greater detail below,
beginning at 12:00 AM EST on Tuesday, November 1st, 2022, and until
11:59 PM EST on Wednesday, December 21st, 2022 (the “Promotional
Period”).
ANY WINNER WILL BE REQUIRED TO RESPOND TO WINNER
NOTIFICATION AND OTHER COMMUNICATIONS FROM
AUDIENCE WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO
THE NOTICE(S) FROM AUDIENCE OR THE PRIZE MAY BE
FORFEITED (IN AUDIENCE’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 radiocontest.com or 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. Limit sixty (60) bonus entries per entrant
throughout the Promotion Period.
All information entrants provide upon entering the Promotion is subject
to Audience’s Privacy Policy, available at https://www.audience.io/
privacy/, 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.
4. Prizes and Odds of Winning.
• A total of one (1) prize will be awarded, which will be the lesser of
$18,000 or the value of the winning entrant’s (the “Winner’s”)
annual rent or mortgage payments for one year (the “Prize”). 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. The cash value of the Prize will be determined based on the
Winner’s rent or mortgage payments on the date the winning entry
is submitted.
• 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.
6. 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.
• The Winner will be randomly selected from among all eligible
entries via random drawing conducted on or about December 22,
2022.
• 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 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
government-issued photo ID. In addition, the Winner shall provide
such documentation of his or her rent or mortgage payments
thatAudience reasonably requests
7. 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.
• that 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);
• that any and all claims, judgments, and awards shall be limited to
actual out-of-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.
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.
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]