Mindbender Moolah

OFFICIAL RULES

“MIX 100 MINDBENDER MOOLAH”

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility. The Mix 100 Mindbender Moolah promotion (the “Promotion”) is open only to legal residents of the United States who are eighteen (18) years of age or older at the time of entry, who are individuals legally residing in the State of Colorado (each, an “Eligible Entrant”). Employees, officers and directors (including immediate family members (child (biological, foster or adoptive), sibling, or parent (biological, foster or adoptive), and their respective spouses/domestic partners, regardless of where they reside) and members of the same household, whether or not related) of Sponsor (defined below), KSE Radio Ventures, LLC, KSE Media Ventures, LLC, Kroenke Sports & Entertainment, LLC and each of their respective parents, affiliated companies, subsidiaries, licensees, divisions, advertising and promotion agencies, and any and all other companies associated with the Promotion (collectively, the “Promotion Entities”) are not eligible to participate or win a Prize. The Promotion is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation. 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 Promotion, including but not limited to the administration and operation of the Promotion and the selection of each Call-In Winner and Moolah Prize Winner (defined herein). Winning a Prize is contingent upon fulfilling all requirements set forth herein.

• Promotion Period.  The Promotion will begin Monday, June 10, 2024 at 6:00 a.m. and end on Friday, August 9, 2024 at 10:00am. (the “Promotion Period”). Sponsor reserves the right to extend or shorten the Promotion Period and/or any Call-in Period at its sole discretion, and to cancel, terminate, modify or suspend the Promotion for any reason in Sponsor’s sole discretion.  Sponsor’s clock shall be the official clock of the Promotion. All times listed are in Mountain Time.

• How to Enter. An Eligible Entrant may only enter the Promotion by calling in to MIX 100 (the “Station”) in accordance with the following:

Sponsor will read a trivia question on the air and instruct listeners to call the Station at 303-691-1649 to answer the question once per weekday between 6:00 a.m. and 10:00a.m., Monday through Friday during the Promotion Period, excluding July 1-5, 2024. After each trivia question is read, the first caller to call in to the Station and answer the trivia question correctly will be a “Call-in Winner”.  Eligible Entrants can be a Call-in Winner more than once during the Promotion.

No other form of entry will be accepted other than as described above. In the event of dispute over the identity of an Eligible Entrant who submitted an entry, an entry will be deemed made by the authorized account holder of the phone number used at the time of entry, and the potential Call-in Winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such phone number.  The “authorized account holder” is deemed the natural person who is assigned to the phone number in question by the applicable telephone provider, service provider or other organization that is responsible for assigning phone numbers to telephone accounts. It is solely the responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her phone number, e-mail or postal address. Sponsor is not responsible for late, lost, illegible, damaged, misdirected, incomplete or otherwise invalid entries. Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules.

• Moolah Prize Winner Selection.  At the end of the Promotion Period, there will be up to forty (40) total Call-In Winners.  Each Friday during the Promotion Period (except for July 5, 2024), Sponsor will randomly select one (1) individual from among all Call-In Winners to win a Moolah Prize (each, a “Moolah Prize Winner”).  Sponsor will announce the Moolah Prize Winners on Fridays on-air between 9:00 a.m. and 10:00 a.m. Sponsor will attempt to contact the Moolah Prize Winners within forty-eight (48) hours of the announcement. Should any Moolah Prize Winner not return Sponsor’s message within twenty-four (24) hours, meet the eligibility criteria or be found, in Sponsor’s sole discretion, to not comply with these Official Rules, such Moolah Prize Winner will be disqualified and Sponsor may select an alternative Moolah Prize Winner. 

• Prize Descriptions; General Prize Terms. 

1. Prize Description.  Each Call-In Winner will receive one of the following prizes: (i) four (4) tickets to an upcoming movie screening (approximate retail value “ARV”: $60); (ii) two (2) tickets to an upcoming concert (ARV: $60); or (iii) one (1) restaurant gift certificate (ARV: $50), selected by Sponsor (each a “Prize”). There will be a minimum of one (1) Call-In Winner and a maximum of forty (40) Call-In Winners, depending on how many trivia questions are correctly answered during the Promotion Period.

• Moolah Prize Descriptions.  The “Moolah Prizes” are shown on the chart below.  There will be one Moolah Prize Winner selected in each Drawing, with each Moolah Prize Winner receiving the corresponding prize shown below. The start date of each entry period is the beginning of the Promotion Period. The end date of each applicable entry period is shown below. The Moolah Prizes and Prizes may be collectively referred to herein as the “Prizes.”

• General Prize Terms.  The right to receive Prizes is non-transferable and non-assignable.  No cash redemption of Prizes is permitted. Sponsor reserves the right to substitute the Prizes (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. In addition to the above, all costs and expenses associated with the Prizes, not specified herein as being provided, including but not limited to transportation costs, parking, food and beverages, gratuities and other expenses incurred by accepting and making use of Prizes are the sole responsibility of the Call-In Winner and their guest. 

Each Call-In Winner and guest(s) will receive admission to movie screenings and/or shows, as applicable, only upon presentation of an admission ticket and will be subject to the rules and regulations of the applicable venue while attending. Each Call-In Winner and guest(s) will be required to agree to the applicable venue’s ticket use terms and conditions. Exact seat locations for movie screenings and/or shows will be determined by Sponsor in its sole discretion. Unless otherwise agreed to by Sponsor, Call-In Winner tickets will be delivered by email upon the end of the Promotion Period and Moolah Prizes will be awarded in the form of a company check from Sponsor to each Moolah Prize Winner.  Moolah Prize checks will be mailed to the mailing address provided by each Moolah Prize Winner within approximately six (6) weeks of the end of the Promotion Period. Sponsor is not responsible for the safe arrival of a Prize and each Moolah Prize is deemed received upon mailing of the Moolah Prize.

            All federal, state, or local taxes associated with the Moolah Prize awarded in connection with the Promotion are the Moolah Prize Winner’s responsibility. A form 1099 may be issued based on the value of the Moolah Prize as required by law. The Moolah Prize Winner will be required to execute and return any required affidavit of eligibility and/or liability/publicity release (and, if requested, agrees to comply with any additional reasonable requests from Sponsor to establish a Moolah Prize Winner’s eligibility).  To the extent requested, all such forms will be completed and returned within fourteen (14) days or Sponsor may disqualify a Moolah Prize Winner.

• Privacy Policy.  Any personally identifiable information collected during a Call-In Winner’s participation in the Promotion will be collected by Sponsor and used by Sponsor (i) for purposes of proper administration and fulfillment of the Promotion as described in these Official Rules, and (ii) as described in Sponsor’s privacy policy. In addition, each entrant agrees that Sponsor may share any personally identifiable information they supply as part of the entry process with any of the Promotion Entities, the use of which will be governed by the privacy policy maintained by such Promotion Entity.

• Release; Winner Publicity Release.  By participating in the Promotion, each entrant agrees to release and hold harmless the Promotion Entities from and against any and all claims, injuries, damages or losses that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of Prizes awarded. Each Call-In Winner (irrespective of whether or not such entrant wins a Moolah Prize), grants to each of the Promotion Entities an independent, royalty-free, perpetual, irrevocable, fully transferrable, non-exclusive, worldwide right (but not obligation) and license to publicize and use such Call-In Winner’s name, address (city and state of residence), photograph, voice and/or other likeness and Prize information for any purpose, including for advertising, marketing and publicity purposes, in any and all media now known or hereafter devised, without additional compensation or consideration, notification or permission, unless prohibited by law.

• General.  Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Promotion Entities (i) do not make any warranty, guaranty or representation of any kind concerning the Promotion or the Prizes (other than as expressly set forth herein) and (ii) to the extent permitted by law, disclaim any and all express and implied warranties (including, without limitation, quality, merchantability and fitness for a particular purpose) relating to the Promotion and Prizes.

The Promotion Entities are not responsible for stolen, late, incomplete, illegible, misdirected, lost, damaged, garbled, delayed, undelivered, inaccurate, postage-due or garbled entries, through e-mail or mail.  Entries generated by a script, macro or other mechanical or automated means or by any means which subvert the entry process will be disqualified. The Promotion Entities are not responsible for lost, interrupted or unavailable network, server, Internet service provider, website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the Prizes or in any Promotion-related materials.  The Promotion Entities are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion.  The Promotion Entities are not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website.

Sponsor reserves the right in its sole discretion to disqualify any person (including an entrant) Sponsor suspects or finds: (i) to have tampered with the entry/selection process or the operation of Promotion; (ii) to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or with the intent to annoy, abuse, threaten or harass any other person;  (iii) to display behavior that will bring Sponsor or Promotion Entities into disgrace; (iv) to have provided inaccurate information on any legal documents submitted in connection with Promotion; or (v) to be acting in violation of these Official Rules. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  Sponsor reserves the right to cancel or modify the Promotion if fraud or other difficulties compromise the integrity of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER WILL RESULT IN SUCH PRIZE WINNER’S DISQUALIFICATION AS A PRIZE WINNER OF THE PROMOTION AND ALL PRIVILEGES AS A PRIZE WINNER WILL BE IMMEDIATELY TERMINATED.

• Indemnity; Disputes. By participating in the Promotion, all entrants agree to indemnify and hold harmless each of the Promotion Entities from any and all liability arising out of or relating in any way to the entrant’s participation in the Promotion.  Except where prohibited by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal courts located in the County of Denver, State of Colorado; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING THIS PROMOTION AND/OR RECEIVING A PRIZE, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) 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 an entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State Colorado. If any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.

1. Sponsor. The sponsor of this Promotion is KSE Radio Ventures, LLC, 8467 S. Yosemite, Lone Tree, Colorado 80124.

1. Winner List. For the list of all Call-In Winners and the Moolah Prize Winners, mail a self-addressed stamped envelope to: Winners- “MIX 100 Mindbender Moolah”, 8467 S. Yosemite, Lone Tree, Colorado 80124. All requests must be received by no later than thirty (30) days after the end of the Promotion Period.