NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
POWER 106 (“KPWR Radio, LLC”) is giving KPWR Radio, LLC listeners in the WESCOM $1,000 Sweepstakes (the “Sweepstakes”), a chance to win $1,000. Should the winner be an existing Wescom Credit Union Member, Wescom Credit Union will award the winner an additional (2) Wescom Visa® Gift Cards (total $1,000). This Sweepstakes is governed by these Official Wescom $1,000 Sweepstakes Rules (the “Rules”), as well as by KPWR Radio, LLC’s Official General Sweepstakes Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Sweepstakes (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by KPWR Radio, LLC and by all other decisions of KPWR Radio, LLC which are final and binding in all matters relating to the Sweepstakes.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Sweepstakes are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Sweepstakes is void where prohibited or otherwise restricted by law.
SWEEPSTAKES SPONSORS:
The sponsors of the Sweepstakes are KPWR Radio, LLC and Wescom Central Credit Union (“Wescom” or “Wescom Credit Union”) (individually, a “Sponsor”, and collectively, the “Sponsors”).
SWEEPSTAKES CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Sweepstakes. The decision of any Sponsor to cancel, terminate, modify or suspend any Sweepstakes shall be final in all respects.
ELIGIBILITY:
Geographical, Age and Parental Consent Requirements: The Sweepstakes is open to the legal United States residents of the state of California who are at least 18 years of age or older at time of entry (unless otherwise specified). Sponsors reserve the right to refuse to award a prize to or on behalf of a minor. Wescom employees (and their families/households), and Wescom Volunteers (including Board of Directors) are not eligible to participate in the sweepstakes.
Sweepstakes Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of KPWR Radio, LLC and any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Sweepstakes as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Sweepstakes Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Sweepstakes and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won a KPWR Radio, LLC Sweepstakes in the last thirty (60) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in Sweepstakes. Participant may be disqualified from entering into this Sweepstakes or receiving prizes if Participant is participating in this Sweepstakes in violation of their employer’s policies.
HOW TO ENTER:
The Sweepstakes begins on April 19, 2023 at 6:00pm PDT, and runs every Wednesday during the contest period, and ends on June 21, 2023 at 7:00pm PDT(the “Entry Period”). During the Entry Period, eligible Participants will be required to listen for an on-air cue as the call to action to call-in at (818) 520-1059 and be the designated caller disclosed in the call to action to be confirmed as the official winner.
No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Entries Are the Sole and Exclusive Property of Sponsors: All Sweepstakes entries and/or related submissions become the sole and exclusive property of the Sponsors upon transmission. Sweepstakes entries will not be returned and may be used by any Sweepstakes Entity for any purpose whatsoever related to any Sweepstakes, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Sponsors are not responsible for problems with Sweepstakes entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Sponsors.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Sweepstakes will be disqualified and subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Sweepstakes. This includes but, is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsors’ computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
PRIZES:
Ten (10) Winner(s). Prize: $1,000 (Retail Value: $1,000.00USD).
Should winner be an existing Wescom Credit Union Member, Wescom Credit Union will provide an additional (2) $500 Wescom Visa® Gift Cards (total $1,000), (Retail Value: $1,000.00 USD). Winner must provide name, address, phone number, and date of birth to verify Wescom Membership. Wescom Credit Union will verify membership and determine eligibility. The additional (2) $500 Wescom Visa® Gift Cards (total $1,000) to be provided to the winner(s) directly by Wescom Credit Union.
Wescom Visa® Gift Cards can be used anywhere Visa® debit cards are accepted. For more terms and conditions of Wescom Visa® Gift Cards, please go to https://www.wescom.org/visa-gift-cards
No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
TAXES:
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner will be contacted with exact details on claiming prize. Grand prize winner will be contacted with exact details on claiming prize. The Sponsors have the right in their sole discretion to mail the prize to the winner. Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe and timely arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsors reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors’ sole discretion.
Winner(s) are required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded. By entering the Sweepstakes, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Should winner be an existing Wescom Credit Union Member, Wescom Credit Union will provide an additional (2) $500 Wescom Visa® Gift Cards (total $1,000), (Retail Value: $1,000.00 USD). Winner must provide name, address, and phone number to verify Wescom Membership. The additional (2) $500 Wescom Visa® Gift Cards (total $1,000) to be provided to the winner(s) directly by Wescom Credit Union.
Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from KPWR Radio, LLC, will forfeit the prize. KPWR Radio, LLC reserves the right, in its sole discretion, to award unclaimed prizes to alternate Sweepstakes contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Sweepstakes, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Sweepstakes, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE KPWR Radio, LLC, KPWR Radio, LLC Communications Corporation, KPWR Radio, LLC Operating Company, the other Sweepstakes Entities (as described above), Wescom Central Credit Union and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Sweepstakes, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Sweepstakes or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to KPWR Radio, LLC and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Sweepstakes on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose KPWR Radio, LLC and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
DISQUALIFICATION:
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) gaining an unfair advantage in participating in the Sweepstakes; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY SWEEPSTAKES, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any Sweepstakes at any time without notice. Sponsors reserve the right in its sole discretion to interpret the rules of any Sweepstakes, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Sweepstakes shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. By entering the Sweepstakes, Participants hereby submit to the jurisdiction and venue of the federal and state courts of California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Sweepstakes.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: WESCOM $1000 Sweepstakes Rules and/or Official Sweepstakes General Rules, 2600 W. Olive Ave, Suite 800, Burbank, CA, 91505. These Rules and the General Rules may also be found at www.power106.com.
For a list of any Sweepstakes winners send a self-addressed, stamped envelope to: POWER 106 (Sweepstakes Name)’s Winners List, 2600 W. Olive Ave, Suite 800, Burbank, CA, 91505.
KPWR Radio, LLC (POWER 106), 2600 W. Olive Ave, Suite 800, Burbank, CA 91505
Wescom Central Credit Union, 123 S. Marengo Ave., Pasadena, CA 91101
