Sunny 107.9 WEAT – “Seagate Hotel Essential Worker Getaway” CONTEST
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
1. Eligibility: Listeners who are 18 years of age or older and reside in South Florida may nominate their favorite covid-19 essential worker (“Nominator”) in the The Sunny 107.9 WEAT – “Seagate Hotel Essential Worker Getaway” Contest (the “Contest”). Each essential worker being nominated in the Contest must be at least 18 years of age or older and reside in South Florida and currently working as an essential worker at the time of entry (each, an “Essential Worker”). PLEASE NOTE that the Essential Worker is the person who may be deemed the Grand Prize winner, and not the Nominator. A Nominator may NOT nominate themselves as the Essential Worker. Employees of Hubbard Radio West Palm Beach, LLC and its station WIRK, 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407 (the “Sponsor”), The Seagate Hotel (collectively, the “Promotional Participants”), Hubbard Radio, LLC (collectively with Sponsor and Promotional Participants, the “Released Parties”), any radio, television or other media companies located in the South Florida area, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations. 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Contest Period: The Contest begins at or about 12:00:00 AM Eastern Time (“ET”) on June 1, 2020 and ends at 11:59:59 PM ET on June 14,2020 (the “Contest Period”).
3. How to Enter: There is one (1) way to enter this Contest:
a. Online: To enter via the online method of entry, visit www.Sunny1079.com (“Website”) during the Contest Period, find, complete and submit the online entry form, which includes your name, email address, address and telephone number for the person entering and the name, phone number, and email address of the person being nominated to win the prize. Sponsor is not responsible for problems accessing the Website or completing the entry, technical or atmospheric conditions that disrupt the completion of the entry, or any other problems which might or might not result from this Contest. All online entries must be received by 11:59:59 PM ET on June 14, 2020 to be eligible. Limit one (1) online entry per person during the entire Contest Period.
There is a limit of one (1) entry per person during the entire Contest Period. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the email account is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the email account associated with the winning entry and complete an affidavit and/or any applicable releases. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor.
4. Random Drawings; One (1) Grand Prize will be selected via a random drawing to be conducted by Sponsor on or about June 15, 2020 from among all eligible entries received in each Entry Pool. Decisions of Sponsor are final and binding. Odds of being a Grand Prize winner depend on the number of eligible entries that are received. The potential Grand Prize winner will be notified by Sponsor via email or telephone on or about the day of the applicable Random Drawing date. Failure to respond to the winner notification within two (2) days will be deemed forfeiture of the Grand Prize and an alternate winner may be selected at Sponsor’s sole discretion, time permitting. Sponsor is not responsible for email message notifications that are undeliverable or not received, or voicemail messages not received.
5. Prizes and Approximate Retail Values (“ARVs”) – One (1) Grand Prize consists of one (1) five-night stay in Deluxe Accommodations Inclusive of Resort and Parking fees At The Seagate Hotel, One (1) Couples Massage at The Seagate Spa, Two (2) rounds of golf at the Seagate Country Club, One (1) Dinner for Two in The Atlantic Grille Restaurant Inclusive of a bottle of Robert Mondavi Napa Valley Cabernet or Chardonnay and Exclusive access to the Private Seagate Beach Club. Subject to availability and blackout dates apply. The approximate retail value (“ARV”) of the Grand Prize is $3,000.00. Prizes expire October 31, 2020. If the prize is not redeemed by October 31, 2020, the prize will be forfeited.
Winner will be solely responsible for any and all ground transportation required to travel to the hotel gasoline, tolls, parking, baggage fees, airport fees, transfers, travel insurance, taxes, port fees, personal incidentals, souvenirs and any other expenses associated with the acceptance and use of the Prize. Winner will be solely responsible for discretionary spend on including but not limited to specialty & alcoholic beverages, mini-bar, laundry service, telephone, internet, movies, beauty & spa treatments, tattoos, retail, travel upgrades, sightseeing excursions and any other expenses associated with the acceptance and use of the Grand Prize. The Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined at the The Seagate’s sole discretion, upon check-in. All discretionary expenditures, as well as upgrades and any other expenses charged to the Winner’s room, will be charged to that major valid credit card or deducted from the deposit provided. Certificate and booking are non-transferable. The Seagate is not responsible for lost or stolen baggage. Various additional material restrictions may apply. The Seagate is not responsible for any fees or additional charges resulting from any changes to the itinerary or accommodations made by the Winner and/or his/her Guest. The ARV of the Prize set forth above represents good-faith determination of the actual fair market value and, as ultimately determined by The Seagate Hotel, is final and binding and cannot be challenged or appealed. In the event that the stated ARV of the Prize is more than the actual fair market value of such prize, the difference will not be awarded in cash or otherwise.
The Prize is subject to the terms, conditions and restrictions as printed on the prize certificate. The prize consists of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner, but Sponsor may substitute the prize, or any portion thereof, for a prize of equal or greater value at Sponsor’s sole discretion for any reason. All local, state, and federal taxes on the Prize are Winner’s sole responsibility. The winner is responsible for applicable taxes and fees.
The prize is non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prize consists of only those items specifically listed as part of the Prize. Winner is responsible for paying all applicable income taxes associated with accepting their Prize.
The Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Grand Prize winner will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize, and complete a W9 tax form. A 1099 form will be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winner accepts the Grand Prize, and even if the Grand Prize winner does not use the Grand Prize, he/she will be responsible for the applicable taxes.
6. Claiming the Prize: Upon winner verification, as a condition of being named an official winner, each potential winner must sign and return the Release Forms to the Station via email or mail within ten (10) business days of receiving the Release Forms, or prize may be forfeited at Sponsor’s sole discretion. All unclaimed or returned prizes remain the property of Sponsor. Upon receipt of the Release Forms, the winner will, as determined solely by Sponsor, be told how they will receive their prize in one of three ways as follows: (1) Prize Pick-Up: as a condition of being named an official winner, each potential winner must claim his/her prize in person at Sponsor’s studios located at 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407 during normal business hours (Monday-Friday, 9:00 a.m. to 5:00 p.m.) within ten (10) business days of the day he or she wins to verify that he/she is the qualified winner and must sign a Publicity and Liability Release (“Release”) upon (and as a condition of) picking up the Grand Prize. Failure to comply with this deadline shall be deemed to be the winner’s forfeiture of his or her right to claim the Grand Prize. The winner must prove he or she is a qualified winner by presenting acceptable identification (e.g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If a winner cannot prove he or she is a qualified winner, the prize will not be awarded. OR (2) Prize Mailed: Sponsor will mail out the prize to the winner. Sponsor is not responsible for lost, late, mutilated, damaged or delayed mailing of any prizes. All unclaimed or returned prizes remain the property of Sponsor.
7. Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) 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 Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize.
11. Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, 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 the entrant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
12. Official Rules/Winner’s List: For a copy of these Official Rules, see the Website until April 22, 2020. For a list of winners, please send a self-addressed stamped envelope, to be received no later than March 30, 2020, to: Sunny 107.9 WEAT Seagate Hotel Essential Worker Getaway Giveaway Winners List, 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407.
13. Sponsor: Hubbard Radio West Palm Beach, LLC and its Station Sunny 107.9 WEAT, 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407.