KOA Pro Pick 'Em Challenge

 

 

OFFICIAL SWEEPSTAKES RULES 

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.  

 

LOCAL MARKET  

 

This Station has chosen to participate in the Pro Football Challenge 2022 (the “Promotion”), which is a national, multi-station contest.  Audience Official Rules for the Promotion can be found in Appendix A. In addition to, and in conjunction with, the Promotion, the Station has chosen to provide a local prize in the KOA Pro Pick ‘Em Challenge Sweepstakes (the “Local Sweepstakes”). These Material Terms govern the Local Promotion. Audience is not responsible for the administration of the Local Sweepstakes, including winner selection or the awarding of prizes.  

 

See the official Audience national rules posted on the contest web address for more information on how the national contest prizing and contest execution work. 

 

Sweepstakes Name: KOA Pro Pick ‘Em Challenge (the “Sweepstakes”) 

 

Participating Station (the “Station”): KOA 850 AM/94.1 FM 

 

Station Address: 4695 S Monaco St Denver, CO 80237 

 

This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”).   Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, please visit the participating Station’s website:  

 

List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., KOA Pro Pick ‘Em Challenge Sweepstakes at 4695 S Monaco St Denver, CO 80237 

 

1. ELIGIBILITY. This Sweepstakes is open only to individuals who (i) are legal U.S. residents of the state of Colorado who reside within one of the following counties: state of Colorado (ii) who are 18 years of age or older at the time of entry (“Entrant”).   

 

The Sweepstakes is subject to all applicable federal, state, and local law and regulations.   

 

Void outside the state of Colorado (counties listed above) and where prohibited or restricted by law.  

 

Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize.  

 

Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year. 

 

2. TIMINGSweepstakes begins on September 8, 2022 at 12:00:00 a.m. MT and ends at 11:59:59 p.m. MT on January 8, 2022 (“Sweepstakes Period") and consists of eighteen (18) entry periods (“each an “Entry Period”) for local prizes as outlined in the chart below: 

 

Entry Period 

Start Date at 12:00 AM MT 

End Date at 11:59:59 PM MT 

Approximate Drawing Date 

Number of Winners 

(one winner per Station) 

1 

September 8, 2022 

September 12, 2022 

September 13, 2022 

one (1) 

2 

September 13, 2022 

September 19, 2022 

September 20, 2022 

one (1)  

3 

September 20, 2022 

September 26, 2022 

September 27, 2022 

one (1)   

4 

September 27, 2022 

October 3, 2022 

October 4, 2022 

one (1)   

5 

October 4, 2022 

October 10, 2022 

October 11, 2022 

one (1)   

6 

October 11, 2022 

October 17, 2022 

October 18, 2022 

one (1)   

7 

October 18, 2022 

October 24, 2022 

October 25, 2022 

one (1)   

8 

October 25, 2022 

October 31, 2022 

November 1, 2022 

one (1)   

9 

November 1, 2022   

November 7, 2022 

November 8, 2022 

one (1)   

10 

November 8, 2022 

November 14, 2022 

November 15, 2022 

one (1)   

11 

November 15, 2022 

November 21, 2022 

November 22, 2022 

one (1)   

12 

November 22, 2022 

November 28, 2022 

November 29, 2022 

one (1)   

13 

November 29, 2022 

December 5, 2022 

December 6, 2022 

one (1)   

14 

December 6, 2022 

December 12, 2022 

December 13, 2022 

one (1)   

15 

December 13, 2022 

December 19, 2022 

December 20, 2022 

one (1)   

16 

December 20, 2022 

December 26, 2022 

December 27, 2022 

one (1)   

17 

December 27, 2022 

January 2, 2022 

January 3, 2022 

one (1)   

18 

January 3, 2022 

January 9, 2022 

January 10, 2022 

one (1)   

Total 

 

 

 

 

 

 

The Sponsor’s computer is the official time-keeping device for this Sweepstakes. 

 

DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. 

 

During the Sweepstakes Period, visit the participating Station, and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, date of birth, and/or any other information requested by the Sponsor) to create a sweepstakes user profile. Then, fill in the entry form by selecting the outcome of each game. Each correct pick will be worth 1 point. The player that earns the most points each week will be the weekly winner. The player that earns the most points during the season will be the season winner. Any incorrect entries will receive 0 points. The maximum point total for correctly determining the winning team in every game played during the designated season is 272. The maximum point total for each week is 17. 

 

In the event the 2022 Football Season is cancelled prior to its completion the national $50,000 grand prize, the local prize, will be null and void. 

 

The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.  

 

By participating, you agree (a) to be bound by these Official Sweepstakes Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Sweepstakes that participation may be required to be considered eligible. 

 

3. WINNER SELECTIONOn or around each Entry Period drawing date indicated in the chart above in Section 2, the Sponsor will randomly select one (1) winner per Station from all eligible entries received for each respective Entry Period. There will be eighteen (18) potential prize winners for the Sweepstakes Period.  Entrants must include all required registration information to register and agree to terms for Audience and the national Audience Pro Football Challenge rules. 

 

Potential Sweepstakes winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Sweepstakes events. 

 

Winner Notification:  Each winner will be notified within one (1) day after the sweepstakes drawing, via e-mail, and/or at Sponsor's discretion via phone at the phone number provided during registration. In the event the Winner doesn't respond to Sponsor's notification or does not accept the prize within five (5) days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event that any one or more potential Winner(s) fails to respond as stated above, declines the prize or fails to provide signed affidavits or releases, such Winner(s) will be deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from the remaining eligible entrants. If any alternate(s) similarly fails to respond or declines the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be finally forfeited and Sponsor shall have no further liability in connection with this Sweepstakes.  

 

The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a finalist and/or potential winner(s). 

 

As a condition of participating in the Sweepstakes, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.  

 

4. PRIZES.  

 

Eighteen (18) Local Prizes: Each Local Prize Winner will receive one (1) $200 Circle K gift card. Approximate Retail Value (“ARV”) of each: $200 

 

One (1) Local Grand Prize: One (1) Local Overall Leaderboard at the end of the sweepstakes will receive one (1) $1,000 Circle K gift card. Approximate Retail Value (“ARV”) of each: $1,000 

 

All prizes provided by: Circle K and iHeartMedia 

 

Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.   

 

NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT. 

 

No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).  

 

Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.  

 

FOR PROMOTIONAL CARDS: Promotional cards shall include and herein be referenced as “promotional card(s)” collectively to any prefunded bank card, a gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer. Promotional cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, promulgated by issuer of card. Promotional cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value. 

 

5. TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  

 

Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (3) 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; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (6) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. 

 

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes and/or (ii) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.  

 

6. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list. 

7. USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Sweepstakes, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to enter the Sweepstakes, and opting in will not improve your chances of winning.  

8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings,  (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner. 

 

9. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS. 

 

10. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. 

 

11. BINDING ARBITRATIONAny controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.  

 

12. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.  

 

13. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio. 

 

APPENDIX A 

Pro Football Challenge 2022 Official Rules 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Contest is subject to all applicable federal, state and local laws. This Game May Not Be Used To Conduct, Advertise Or Promote Any Form Of Gambling.  

1. Promotional Period: The Game Period begins at kickoff of the 2022 regular season pro football game scheduled to take place on Thursday, September 8th, 2022 and ends at the completion of the season on Sunday, January 8th, 2023. Exact dates and times are subject to change. Entrants may register for this promotion and begin making their winning team choices at 12am Eastern time on 8/31/2022. The ability to pick a winner for each regular season game will cease at approximately 15 minutes before the kickoff of each individual game. 

  • Eligibility: The Promotion is open to all legal residents of the U.S., 18 years of age or older, 19 years of age or older in AL, DE, and NE, and 21 years of age or older in MS, except employees of Audience, Participating Stations and other Sponsors (collectively, the “Promotion Entities”), other television or radio stations located in the same market as a Participating Station, and their respective parents, subsidiaries, affiliates, advertising or promotion partners (if any), and members of their immediate families or persons living in the same household. 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. 

2. The Pro Football Challenge may be conducted under various names by participating stations and entities. 

3. Entry Method: To enter this promotion, visit this station's website for registration, game play, and the terms and conditions. Fill in the entry form by selecting the outcome of each game. Each correct pick will be worth 1 point. The player that earns the most points each week will be the weekly winner. The player that earns the most points during the season will be the season winner. Any incorrect entries will receive 0 points. The maximum point total for correctly determining the winning team in every game played during the designated season is 272. The maximum point total for each week is up to 16 points, depending on the number of teams with a bye that week. In case of a tie refer to the tiebreaker rules below. 

4. Tiebreakers: 

  • Season tiebreaker #1 - The total overall tiebreaker score as shown on the Overall Leaderboard 
  • Season tiebreaker #2 - Higher number of wins for Week 18 
  • Season tiebreaker #3 - Higher number of wins for Week 17 
  • Season tiebreaker #4 - Higher number of wins for Week 16 
  • Season tiebreaker #5 - A random draw between all remaining players. 
  • Weekly Tiebreakers: 
  • Weekly tiebreaker #1 - The player that correctly predicted the winning pick of the Tiebreaker Game is considered the winner. 
  • Weekly tiebreaker #2 – A Player’s predicted Tiebreaker Game score is compared to the actual Tiebreaker Game. The differences between the predicted scores and actual scores for each team are added. The entry with the smallest total difference is considered the winning entry. 
  • Weekly tiebreaker #3 - A random draw between all remaining Entrants to determine the winner. In all cases, an entry that does not win a tiebreaker is eliminated from consideration. 
  • All games will use a rolling lock system which will allow players to make picks up to approximately 15 minutes prior to official kickoff time of each game. Any selections submitted after the deadlines are considered invalid, and no points will be awarded. All times displayed on the schedule are Eastern. You may change your pick for any game up until the time that game is locked. Entries must be completed on time. Once a game is locked, you may not change your pick for it. If you did not make a pick for a particular game, it is counted as a loss. If you submit a partial entry and either forget or are unable to complete it, the games you did not pick will count as losses. 
  • Entrants must provide truthful information when entering the Promotion; the Promotion Entities may reject and delete any entry found to be false or fraudulent, as determined by the Promotion Entities. 
  • 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. Proof of submission of an entry shall not be deemed proof of receipt.  
  • In conjunction with this national Promotion, a Participating Station or Sponsor may be conducting its own contest or sweepstakes for a chance to win a local prize. For more information and official rules, visit the website of the Participating Station or Sponsor. Audience is not responsible for the conduct or administration of any such local contest/sweepstakes, including without limitation procuring and awarding a local prize. 
  • This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, or any other social media platform. By submission of an entry, you release Facebook, Twitter, Instagram and any other social media platform from any responsibility or liability related to the Promotions. You are providing entry information to one or more of the Promotion Entities and not to Facebook, Twitter, Instagram or any other social media platform. 
  • 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, 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, 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.  

 5. Prizes:  

  • In the event a participant gets every pick correct for the entire season they will be awarded the grand prize of $50,000. 
  • Odds of winning depend on the number of eligible entries received. 
  • In conjunction with this national Promotion, a Participating Station or Sponsor may be conducting its own contest or sweepstakes for a chance to win a local prize. For more information and official rules, visit the website of the Participating Station or Sponsor. Audience is not responsible for the conduct or administration of any such local contest/sweepstakes, including without limitation procuring and awarding a local prize.  
  • Prizes cannot be transferred or substituted except in Audience’s or Participating Station’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 listed above. 
  • In the event that the 2022 NFL season is cancelled prior to its completion the $50,000 grand prize will be null and void  

6. Winner Selection and Notification: 

  • Winner will be selected from among all eligible entries based on the picks made following the day on which the Season ends. 
  • Prior to awarding a prize, Audience in its sole discretion may require verification of winner’s identification by a showing of valid government-issued photo ID.  
  • Decisions of Audience with respect to winner selection and the awarding of prizes are final and binding when made.  

7. Privacy Notice: 

  • Information you provide in connection with the Contest is subject to Sponsor's Privacy Policy and may be shared with Sponsors. 

8. General:  

  • Payments of all federal, state and local taxes are solely the responsibility of the 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.  
  • Any entrant who provides a mobile wireless number in connection with the Promotion, including by providing a mobile number for winner notification purposes, is responsible for informing the Promotion Entities if his or her number is reassigned to another person at any time before the end of the Promotion and for providing an alternative number where he or she may be reached.  
  • Participating in the Promotion and accepting a prize constitutes 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 a 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, you understand and agree: 
  • 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 you 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 the Main Sponsor 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 you 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. 
  • These terms and conditions may be changed or updated at any time before, during, and or after the completion of this contest. 
  • By participating in this contest, entrants agree to abide by and accept these rules. 

9. Disclaimer

  • The Sponsors and this Web site, are in no way connected with, affiliated with or endorsed by the NFL, or any of its affiliated teams, players, or players union. All references to any football name or term is purely nominative and not intended to imply any connection, affiliation, or endorsement. 

10. 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 marketing@audience.io

11. Sponsor

  • Audience LLC, 32 West 200 South #227, Salt Lake City, UT 84101 

Sponsored Content

Sponsored Content