MIX 100 – KIMN Escape to the Beach Sweepstakes (“Sweepstakes”)Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA, HAWAII, PUERTO RICO, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Eligibility: Sweepstakes is open to all legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are twenty-one (21) years of age or older at the time of entry and have not won a vacation from any of The Mark Travel Corporation business units including but not limited to Funjet Vacations, Southwest Vacations, and United Vacations consumer promotions in the last twelve (12) months. Eligibility is contingent on agreement to, and compliance with, these Official Rules. Sweepstakes subject to all applicable federal, state, and local laws and regulations. This Sweepstakes is offered in the United States only and shall only be construed and evaluated according to United States law. Do not enter this Sweepstakes if you are not located in the United States.
Employees of KSE Radio Ventures (“Sponsor”), KIMN-MIX 100 (“Station”), and Southwest Airlines Co., Southwest Vacations, The Mark Travel Corporation, La Macchia Enterprises (collectively, “Prize Providers”), their respective subsidiaries, affiliates, parent companies, general sponsors, advertisers, competitors, promotional partners, other radio stations in the Denver area, and members of the immediate families or those living in the same households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. For purposes of this Sweepstakes, immediate family members means spouses, parents, grandparents, children, and siblings and their respective spouses.
Persons who have won a prize in another sweepstakes or promotion of any kind from any one (1) of the following radio stations: KXKL-KOOL 105, KIMN-MIX 100, KWOF-92.5 The WOLF or Altitude Sports Radio AM 950, within the sixty (60) day period immediately preceding the start date of this Sweepstakes are not eligible to enter.
Station is not responsible for charges entrants may incur as a result of wireless phone or Internet transmissions. The Station is not responsible for service outages, delays, equipment malfunctions and any other technological difficulties that may prevent an entrant from entering the “Sweepstakes”.
Prizes will be awarded only upon winner verification and final approval by the Station.
All decisions made by the Station and Company management regarding any aspect of this Sweepstakes are final and binding.
Contestants may only win twice per household address every CALENDAR month in regard to daily giveaways such as concert tickets, gift cards, movie passes, etc. Contestants can only win once per month for a MAJOR STATION Sweepstakes unless otherwise noted in the Official Rules.
2. To Enter: Sweepstakes runs from April 19, 2017 at 8:00 a.m. MST through May 5, 2017 at 5:00 p.m. MST (“Sweepstakes Period”).
On-Air Entry
KIMN-MIX 100 (“Station”) “Escape to the Beach” Sweepstakes (the “Sweepstakes”) will begin Wednesday, April 19, 2017 in the 10:00 a.m. hour MST and end on Friday, May 5, 2017 in the 2:00 p.m. MST hour (the “Sweepstakes Period”). Sweepstakes will be played Monday – Friday only during Sweepstakes Period. To become a daily qualifier, listen for the cue to call between 10:00am MST and 3:00pm MST at 303-691-1649. Daily qualifiers during the Sweepstakes Period will be entered into the grand prize drawing. WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Sweepstakes participants should not rely on streamed broadcasts to participate in the Sweepstakes.
Daily qualifiers will be asked to verify their contact information (e.g. name, address, phone number, and email address). If the Station determines the designated caller is not eligible, the Station may select the next consecutive eligible caller as the potential winner.
3. Drawing: On Monday, May 8, 2017 in the 10:00am MST hour, a random drawing from all eligible entries received will be conducted by Sponsor. Odds of winning will depend on the total number of eligible entries received. Participants need not be present to win. All potential winners are subject to eligibility verification by Sponsor, whose decisions are final and binding. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF NOTIFIED OF BEING A WINNER, UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED.
4. Prize:
One (1) Grand Prize winner will receive:
- Round trip air travel on Southwest Airlines® for winner and one (1) guest from Denver International Airport (“DEN”) to Cancun International Airport (“CUN”) (subject to Air Travel Restrictions below) and double accommodations for four (4) consecutive nights in one (1) room for two (2) people at Hideaway at Royalton Riviera Cancun (all-inclusive) (“Hotel”).
- Additional ground transportation, meals and beverages outside of the resort, gratuities, taxes, hotel room service, laundry service, excursions, local and long distance telephone calls, souvenirs, incidentals, and all other expenses not specified herein are the responsibility of the winner and his or her guests.
Approximate retail value of prize is $3,000. If the actual value of any prize is less than the stated approximate retail value, the difference will not be awarded in cash.
Prize must be accepted as awarded or prize will be forfeited and awarded to an alternate winner. Travel accommodations and other restrictions apply. All costs and expenses associated with prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the prize, are the sole responsibility of the winner. No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor. Sponsor reserves the right, at its sole discretion, to award a prize of greater or equal value if the advertised prize is unavailable.
Air Travel Restrictions: Air travel is subject to Southwest Airlines terms and conditions; certain restrictions may apply. Round trip travel for two (2) on Southwest Airlines will be awarded in the form of four (4) Southwest flight e-passes. Each Southwest flight e-pass is valid for one-way travel on Southwest Airlines-operated, published, scheduled service. The Southwest flight e-pass will bear the date of issue and the date of expiration. Expiration dates will not be extended, and travel must be completed on or before the expiration date. The Southwest flight e-pass is not valid on interline or codeshare service. The Southwest flight e-pass is non-refundable and is not redeemable for cash or credit. The Southwest flight e-pass will not be replaced for any reason, including, without limitation, if lost, stolen, or fraudulently used. The Southwest flight e-pass is non-transferrable and cannot be sold to a third party. Sale, auction, or re-tendering of the Southwest flight e-pass for money or otherwise is strictly prohibited. The Southwest flight e-pass may not be used for promotional purposes unless previously approved by Southwest Airlines. Any suspected fraud, misrepresentation, misuse, abuse or violation of the Southwest flight e-pass rules and regulations may result in cancellation of the Southwest flight e-pass(es). Southwest flight e-pass holders are required to be nineteen (19) years of age or older and a legal U.S. resident. However, the recipient of a Southwest flight e-pass may arrange travel for another person if done without selling or bartering a Southwest flight e-pass. Air transportation by Southwest Airlines is subject to Southwest Airlines’ Passenger Contract of Carriage set out at https://www.southwest.com/html/about-southwest/index.html?clk=GFOOTER-CONTRACT-OF-CARRIAGE#_tab_6. If the winner does not live in a city served by Southwest Airlines, he/she is responsible for transportation to and from the nearest airport served by Southwest Airlines. Winner is responsible for booking all travel and paying all applicable international taxes and fees. Travel is based on seat availability. Seats on any desired flight are not guaranteed. Winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents. Winner and guest must have valid government-issued photo identification at the time of travel. If the travel guest is a minor, winner must be his/her parent/guardian, or be accompanied by his/her parent/guardian. KIMN will be paying the Government-imposed per passenger travel taxes of up to $150 per person.
Hotel accommodations are subject to availability and not permitted during holidays, blackout dates or convention periods. Confirmation will be given on a space available basis only. Once a reservation is made through Southwest Vacations promotions department, no changes are permitted. Grand Prize is not transferable, assignable or redeemable for cash. No prize substitutions, except as provided herein. Winner is responsible for providing all necessary travel documentation, including passports. It is the traveler’s responsibility to provide proper documentation. Married or divorced individuals traveling under names other than what is printed on their travel documents must supply a marriage license and/or divorce decree. Southwest Vacations and/or Company will not rebook or revise any reservations if travelers do not possess a valid U.S. Passport by their date of departure. Travel arrangements are subject to availability. Blackout dates are five days prior and five days after each major holiday. Major holidays are: New Year, March 1-31 for Spring Break, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
Winners must present a credit card upon check-in at the hotel to cover any incidentals that may occur.
To the extent that prize elements are provided by third-party providers, winner agrees to look solely to applicable prize providers with respect to any claims, losses, or disputes in connection therewith.
Prizes will not be mailed. Winners of all prizes will be instructed to visit the offices of the Station located at: Galleria Office Towers, 720 S Colorado Blvd #1200N, Denver, CO 80246 to claim their prize. Winners must claim their prize within thirty (30) days of winning. Failure to do so will result in winner forfeiting the prize.
Prizes may only be claimed by the actual winner. Friends and family members are not eligible to claim the prize on behalf of the winner.
Winners must provide valid identification (i.e. via driver’s license, passport or other government-issued photo identification) to claim their prize. Identification documents must match information previously provided to the Station.
In the event any winner is found to be in violation of these Official Rules or is otherwise determined by the Station in its sole discretion to be ineligible, he/she may be required to forfeit the prize if such a violation is found after the prize has been used by the winner.
5. To Claim Prize: Winner will be notified by phone and/or email and will be required to complete and sign an Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release (collectively, the “Required Documentation”). The Required Documentation will be mailed or emailed, based on the potential winner’s preference upon account validation. If a potential winner cannot be contacted using the information provided or fails to respond to Sponsor’s attempt to notify them of selection within three (3) days; if any notification is returned as undeliverable or yields an error of undeliverable type “bounce back” email (regardless if the message is ultimately delivered to the recipient); if Sponsor is unable to verify potential winner’s eligibility; if potential winner fails to sign and return the Required Documentation within the required time period or fails to comply with these Official Rules; if any prize is returned undeliverable; if a potential winner is unable or unwilling to accept the prize as stated; or if the potential winner cannot be verified as eligible for any other reason, the potential winner is disqualified and an alternate winner will be selected by random drawing from among the eligible entries. In the event that a potential winner is disqualified for any reason, the next received and eligible entry received by Sponsor that is fully compliant with these Official Rules shall be deemed the winner, until the prize is awarded or until four (4) attempts have been made to award the prize and each attempt has failed. Sponsor will identify each potential winner and verify the potential winner’s eligibility after the end of the Sweepstakes Period. If unable to verify eligibility, Sponsor will select an alternate potential winner within a reasonable time thereafter. If applicable, winner’s guest must execute a Liability Release and, where legal, Publicity Release, prior to the issuance of travel documents. If a guest is under eighteen (18) years of age, a parent or a legal guardian must sign on behalf of such guest and accompany such minor guest.
6. Conditions: Payments of all federal, state, and local taxes are solely the responsibility of the winner. Winner will be required to sign an IRS Form W-9 with the winner’s full social security number or the equivalent. Failure to submit a Form W-9 upon request will result in forfeiture of the prize. Winnings of $600 or more will be reported to the IRS.
By participating in the Sweepstakes, winner agrees to have his/her name, voice, likeness, photograph, statements, opinions, biographical information and/or Sweepstakes entry used in any advertising or broadcasting material, whether relating to this Sweepstakes or otherwise, in any media, worldwide, now known or hereinafter developed, in perpetuity, without additional notice, payment, or other compensation unless prohibited by law, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.
Sponsor, it its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of Sponsor’s website, or otherwise in violation of the Official Rules. Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. In such event, Sponsor reserves the right, but not the obligation, to award any applicable prize(s) from the entries submitted before the cancellation, suspension, or modification of the Sweepstakes. Any attempt to undermine the operation of the Sweepstakes may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
Sponsor reserves the right to make changes in the Official Rules, including the substitution of a prize of greater or equivalent value, which will become effective upon announcement.
Failure to comply with the Official Rules may result in Participant’s disqualification solely at the discretion of the Sponsor.
The Sponsor is not responsible for typographical or other errors in the administration of the Sweepstakes or in the announcement of a prize. In the event a prize is mailed to a winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. Sponsor is not responsible for the safe arrival of a prize. Sponsor is not responsible if potential winner does not receive his/her prize because erroneous, expired, canceled, fraudulent, or fake information was provided during the Sweepstakes. Only the prize(s) set forth in these Official Rules will be awarded. If, through printing or production error, or for any other reason whatsoever, more prizes are claimed than intended and/or set forth in these Official Rules, Sponsor reserves the right to award only the stated number of prizes from all legitimate, unawarded, eligible prize claims.
7. Indemnification; Limitation of Liability: NEITHER SPONSOR, PRIZE PROVIDERS, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY SWEEPSTAKES-RELATED MATERIALS OR TRANSACTIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION.
SPONSOR IS NOT RESPONSIBLE FOR LOST, STOLEN, MANGLED, MISDELIVERED, POSTAGE DUE, ILLEGIBLE, INCOMPLETE OR LATE ENTRIES, TELEPHONE SERVICE OUTAGES, DELAYS, BUSY SIGNALS, EQUIPMENT MALFUNCTIONS AND ANY OTHER TECHNOLOGICAL DIFFICULTIES THAT MAY PREVENT AN INDIVIDUAL FROM ENTERING OR CLAIMING A PRIZE.
THIS SWEEPSTAKES OFFER IS BEING MADE EXCLUSIVELY BY THE SPONSOR. SPONSOR AND PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURE OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FRAUD, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSION WHETHER CAUSED BY SPONSOR, USER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES, OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESS OF SUBMISSIONS WHICH MAY LIMIT A PARTICIPANT’S ABILITY TO PARTICIPATE IN THIS SWEEPSTAKES. NEITHER SPONSOR, PRIZE PROVIDERS, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR ANY DAMAGES OR INJURY INCURRED BY WINNER AND GUESTS AS A RESULT OF WINNING.
BY ENTERING, PARTICIPANTS AGREE TO RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY EACH OF SPONSOR, PRIZE PROVIDERS, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY AND ALL OTHER COMPANIES ASSOCIATED WITH THIS SWEEPSTAKES (COLLECTIVELY, THE “RELEASED PARTIES”) AGAINST ANY AND ALL LIABILITY, DAMAGES, OR CAUSES OR ACTION (HOWEVER NAMED OR DESCRIBED), RELATED TO OR ARISING OUT OF (I) THE SWEEPSTAKES, (II) PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES, AND (III) THE RECEIPT OR USE OR MISUSE OF THE PRIZE(S) AWARDED HEREIN. POSSIBLE CLAIMS OR CAUSES OF ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF SUCH PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES.
If for any reason a Participant’s entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Participant’s sole remedy is another entry in the Sweepstakes, subject to availability and provided that the Sweepstakes has not then expired.
8. Construction and Disputes: Participants waive any right to claim ambiguity in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Stateof Texas. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys’ fees. Sponsor reserves the right to correct clerical or typographical errors in Sweepstakes materials or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS.
9. Privacy: By entering this Sweepstakes, each Participant agrees to Sponsor’s manner of collection, use, retention, and disclosure of Participant’s personal information submitted in connection with the Sweepstakes, including, without limitation, all names, addresses, emails, phone numbers, and birth dates obtained from or provided by Participants. Information collected is subject to Sponsor’s privacy policy and any state or federal law. Sponsor’s privacy policy can be found at www.mix100.com.
10. Official Rules and Winner’s List: Official Rules and Winner’s List (when available) may be obtained by visiting www.mix100.com.
11. Sponsor: KSE Radio Ventures, Galleria Office Towers, 720 S Colorado Blvd #1200N, Denver, CO 80246.