KYGO Stimulus – Official Rules

The following contest is intended for participants in the United States only and will be governed by United States laws. Do not proceed in this contest if you are not eligible or not currently located in the United States. Further eligibility restrictions are contained in the official rules below.

KYGO STIMULUS CONTEST 2020-2021
OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.

Contest Administrator: KYGO-FM, 7800 East Orchard Road, Suite 400, Greenwood Village, CO 80111.

1. HOW TO ENTER

a. These rules govern the KYGO STIMULUS (“Contest”), which is being conducted by KYGO-FM (“Station”). The Contest begins on Wednesday, December 23, 2020 and ends on Friday, March 19, 2021 (“Contest Dates”). Entrants, as defined below, may enter online and on Facebook.

b. To enter the Contest, the person entering the Contest (“Entrant”) may enter beginning on Wednesday, December 23, 2020 at 6:00am (MST) and ending on Thursday, March 18, 2021 at 12:00pm (MST) (“Entry Period”). Entrants may enter via the following methods:

i. Online: To enter online, visit www.kygo.com and follow the links and instructions to enter the Contest and complete and submit the online entry form (“Stimulus Entry”) during the Entry Period outlined above. Online Entrants are subject to all notices posted online including, but not limited to, the Station’s Terms of Use and Privacy Policy. Only one (1) Stimulus Entry per eligible Entrant during the Entry Period will be allowed, regardless if Entrant has more than one email address. Multiple Entrants are not permitted to share the same email address. P.O. Boxes are not permitted as addresses. Online entries submitted may not be acknowledged or returned. Proof of submission of an entry shall not be deemed proof of receipt by the Station.

ii. Each weekday beginning Monday, January 11, 2021 through Friday, March 19, 2021 (except for holidays), tune-in to the Station weekdays at or about 8:00am (MST), 10:00am (MST), 12:00pm (MST), 2:00pm (MST), 4:00pm (MST) and 6:00pm (MST) to listen for the on-air hosts to announce an Entrant’s name. If Entrant hears his or her name announced on-air, Entrant will have ten (10) minutes to call back the Station at 303-713-0985 to win the amount in the Stimulus prize jackpot pursuant to Paragraph 3. The Stimulus prize jackpot will begin with $200 in the prize jackpot on Monday, January 11, 2021 at 8:00am (MST). If the Entrant, then calls the Station back within ten (10) minutes at 303-713-0985 he/she will win the amount in the Stimulus prize jackpot. If the Entrant whose name is announced during a specific time slot does not call within the ten (10) minutes, is disconnected, or is found to be ineligible, the $200 rolls over into the Stimulus prize jackpot to the next designated announcement time. The Stimulus prize jackpot will reset to $200 in the prize jackpot each time an Entrant calls the Station back within ten (10) minutes at 303-713-985. The Stimulus prize jackpot will always have a minimum prize jackpot of $200.

iii. 98.5 KYGO Facebook Entry: To enter on Facebook, visit https://www.facebook.com/98.5KYGO. Following the links and instructions, the Entrant must enter the Contest and complete and submit the online entry form during the Entry Period (“Facebook Entry”). Entrant will need to have a valid Facebook account in order to enter. If they do not already have one, Entrants can open a Facebook account at no cost at www.facebook.com. Limit one (1) Facebook Entry per eligible Entrant during the Entry Period regardless if Entrant has more than one email address or Facebook account. Multiple Entrants are not permitted to share the same email address or Facebook account. Facebook Entries submitted may not be acknowledged or returned. Proof of submission of a Facebook Entry shall not be deemed proof of receipt by the Station. All online Entrants are subject to all notices posted online including, but not limited to, the Station’s Terms of Use and Privacy Policy. Use of Facebook as a means of entry will be subject to that service provider’s privacy policy and terms of use. This Contest is in no way sponsored, endorsed, or administered by, or associated with Facebook. Entrant understands that he/she is providing his/her information to the Station, not to Facebook. Facebook Entries will be accepted beginning December 23, 2020 at 6:00am (MST) through March 18, 2021 at 12:00pm (MST).

c. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in, or may be disadvantaged in participating in, the Contest. Entrants should not rely on streamed broadcasts and are encouraged to listen to the Station on-air versus online. The Station is not responsible for any disadvantages or losses that result from online streaming delays of any nature, nor is station otherwise responsible for any delays in online streaming.

d. Only one (1) Stimulus Entry or one (1) Facebook Entry per Entrant are permitted. A winner is defined as the person(s) who has been deemed eligible by the Station to win a prize (“Winner”). Only one (1) Winner, per household for the duration of this Contest is permitted. For the avoidance of doubt, no Entrant can be a Winner more than once during this Contest.

e. All entries must be received by the end of the Entry Period.

2. ELIGIBILITY RESTRICTIONS

a. The Contest is open to all persons who are legal U.S. residents of the State of Colorado, eighteen (18) years of age or older, and who reside in one of the eleven (11) jurisdictions that makes up the listening area in the Denver Metropolitan area (Counties include: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, Gilpin, Clear Creek, Park and Elbert). Void where prohibited or restricted by law.

b. The following individuals are NOT eligible to enter Station contests at any time, even if such individuals meet the age and residency requirements above: (i) any employees (i.e., full-time, part-time and/or temporary employees) of the Station, Bonneville International Corporation, other area radio stations, Contest Sponsor, of any advertising and promotion agencies, and/or of the respective parent entities, subsidiaries, affiliated companies of each; (ii) any immediate family members of such employees, including, without limitation. current and/or ex-spouses, parents, grandparents, children, grandchildren, siblings, in-laws, and/or steps in any of the foregoing categories; and (iii) any other individual legally residing in the same household (i.e., at the same address) of such employees, including, without limitation, roommates, housemates, significant others, and partners.

c. Unless the Station otherwise specifies, persons who have previously won a prize (cash, services, merchandise) from a contest or Station event from any of the Bonneville International Radio Stations are subject to the following restrictions: Persons who have won a prize valued at $1,000 or more in the twelve (12) months prior to entering the Contest are not eligible to participate. These restrictions also apply to immediate household members of the Winner(s).

d. Entrant must personally call in to be eligible to win a prize in this Contest and the Station reserves the right, in its sole discretion, to take any actions it feels may be reasonably necessary in order to verify that the Entrant calling is the correct Entrant. Substitute callers (e.g., friends, relatives, co-workers, etc.) are not allowed and will result in disqualification at the sole discretion of the Station. The Station decisions in this regard shall be final.

e. To claim a prize, the Winner must have internet access to provide valid government-issued photo identification and provide their complete address, date of birth and phone number, and Social Security Number online.

f. Entrants are required to provide truthful information, and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any Entrant who does not meet the eligibility requirements and will also delete any entry as required by law.

g. This Contest is subject to all applicable federal, state, and local laws and regulations. By participating and/or accepting prize(s), Entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.

3. PRIZES

a. The number of prizes awarded in this Contest depends on the number of eligible Stimulus Entries and Facebook Entries received and the number of Entrants who call back within the ten (10) minute window to claim a prize. Each prize will consist of the dollar amount announced in the Stimulus prize jackpot at the time Entrant calls back. Minimum amount of each prize is $200.00. The Winner(s) will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the prize(s). The prize consists only of the elements expressly set forth above; no other elements or expenses are included in the prize and all such expenses are the sole responsibility of the Winner(s). Prizes are not refundable or transferable, may not be sold to a third party, and may not be substituted or exchanged for credit at any time, nor will they be replaced if lost or stolen. If a prize cannot be awarded or used or a prize-related event cannot take place as scheduled, for reasons outside the Station’s control, including, but not limited to, promoter or performer actions, as cancellation, preemption, postponement, bankruptcy, or unavailability due to the closure of a Contest Sponsor’s location, if applicable, or weather, natural disasters, disease, epidemic, pandemic, national or regional emergency, or for any other reason beyond the control of the Station, their sole responsibility to the Winner(s) will be to award the remaining available elements of the prize(s) and no substitution or compensation will be provided for the unawarded elements of the prize(s). Upon awarding the prize(s), the Station will have no further obligation to the Winner(s).

b. As indicated above, all sales, prizes and other taxes, gratuities and any other incidentals associated with the prize(s) are the sole responsibility of the Winner(s). As noted above, prizes are not transferable or exchangeable and may not be substituted, except by the Station for reasons of unavailability, in which case, a prize of equal value will be awarded. The Station assumes no responsibility or liability for damages, loss, or injury resulting from acceptance or use of the prize. The Station reserves the right, in its sole discretion, to cancel or suspend the Contest should a virus, bug, computer, or other problem beyond the control of the Station corrupt the administration, security, or proper execution of the Contest, or the Internet portion of the Contest. Decisions of the Station are final.

c. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.

4. WINNER SELECTION, NOTIFICATION & CLAIMING PRIZE

a. Decisions of the Station management with respect to the Contest are final.

b. The number of prizes awarded in this Contest depend on the number of eligible Stimulus Entries and Facebook Entries received and the number of Entrants who call back within the ten (10) minute window to claim a prize(s) as described above in Section 1 of these Official Rules.

c. Odds of winning a prize depend upon the number of eligible Stimulus Entries and Facebook Entries received and the number of Entrants who call back within the ten (10) minute window.

d. Each weekday beginning Monday, January 11, 2021 through Friday, March 19, 2021 (except for holidays), an Entrant’s name will be randomly drawn from all eligible Stimulus Entries and Facebook Entries received and announced at or about 8:00am (MST), 10:00am (MST), 12:00pm (MST), 2:00pm (MST), 4:00pm (MST) and 6:00pm (MST). When a selected Entrant hears his/her name announced, the selected Entrant will have ten (10) minutes from the time his/her name is announced on-air to call the Station studio at 303-713-0985. If the selected Entrant whose name is announced calls within ten (10) minutes, he/she will win the dollars in the Stimulus prize jackpot at the time Entrant calls the Station and the Stimulus prize jackpot will be emptied and begin again with $200 in the prize jackpot. If the selected Entrant whose name is announced during a specific time slot does not call within ten (10) minutes, the Entrant will not win, the selected Entrant name will be placed back into the pool of Entrants and the Stimulus prize jackpot will increase $200. The Stimulus prize jackpot will increase $200 each time an Entrant does not call Station back within ten (10) minutes.

e. Winners must listen to the Station to win but do not need to be present to win. Winners must execute and return any required affidavit of eligibility and/or liability/publicity release online within thirty (30) days of winning or prize(s) will be forfeited. If a potential Winner cannot be contacted, fails to sign, and return the required affidavit of eligibility and/or liability/publicity release online within the required time period, or if a prize or prize notification is returned as undeliverable, the potential Winner forfeits the prize, and no prize will be awarded. Unless otherwise permitted by the Station, Winner(s) must claim his or her prize online, and a prize cannot be claimed by third parties on behalf of the Winner(s).

f. Public health conditions do not permit Winner(s) to claim their prize(s) at the office of the Station. Therefore, the Station will coordinate with the Winner(s) to confirm their identity remotely and to deliver the prize by mail or other means of delivery. Each Winner will be required to sign a release that the Station and any Released Parties (defined below) are not responsible if the prize is late, lost, stolen, misdirected, undeliverable, or damaged during shipping.

g. Potential Winner(s) will be notified of winning by email or telephone. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases online. Upon notification or notification attempt, the potential Winner(s) will be required to respond to such notification attempt and must execute and return an IRS Form W-9, affidavit of acceptance, eligibility, liability, publicity release, and if applicable, Contest Sponsor liability release forms within thirty (30) days of such notification or notification attempt or prize(s) will be forfeited. If a potential Winner(s) is deemed ineligible for any reason, cannot be contacted, fails to sign, and return the fully executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential inner forfeits the prize(s). The Station is not responsible for any changes in an Entrant or Winner’s email address, phone number, mailing address or other contact information.

5. CONDITIONS

a. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that Entrant’s entries and that Entrant may be disqualified. Only one (1) Stimulus Entry or one (1) Facebook Entry per Authorized Account Holder, as defined below, is permitted. Multiple entries from the same Authorized Account Holder will be disqualified. The use of any device to automate multiple entries entry is prohibited. Any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that Entrant at the Station’s discretion. The Station’s computer or telephone system is the official time keeping device for this Contest. In the event of a dispute, all entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address; or (ii) is assigned to the mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Contest. Failure to comply with the rules of the Contest may result in an Entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good-faith determination that an Entrant has cheated or committed fraudulent activity in connection with a Contest, the Station may disqualify that Entrant from entering and/or winning this and any or all future Station-administered contests and seek damages to the fullest extent permitted by law.

b. The Station reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Contest, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement. To the extent the Station makes material changes to the terms and conditions of the Contest, any such material changes will be broadcast on the Station and/or posted on its website: https://kygo.com/ within twenty-four (24) hours of the change and periodically thereafter. If a prize cannot be awarded or used or a prize-related event cannot take place as scheduled, for reasons beyond the control of the Station, including, but not limited to, promoter or performer actions, cancellation, preemption, postponement, bankruptcy, or unavailability due to the closure of a Contest Sponsor’s location, if applicable, or weather, natural disasters, disease, epidemic, pandemic, national or regional emergency, or for any other reason beyond the control of the Station, the Station reserves the right, but does not have the obligation, to cancel, terminate, suspend, or modify the Contest and shall not be required to award a substitute prize(s). If any provision of these Official Rules is irrevocably inconsistent with any provision set forth on the Contest webpage, then the provision of these Official Rules will prevail, but solely to the extent of the inconsistency.

c. Calling the Station regarding the Contest constitutes permission for the Station to tape the caller’s voice and use it on the air. All telephone calls during the Contest may be taped without further permission from the caller. By entering the Contest and/or accepting prize(s), all Entrants consent to the use of their name, photograph, likeness, biography, voice, video, entry materials, prize information (if any), or any statements made for trade, publicity, advertising, or promotional purposes, in any and all media, now known or hereafter devised, including online announcements, without limitation and without compensation, except where prohibited by law.

d. Each Winner will be required to produce identification satisfactory to the Station. For example, Winners will be required to sign an IRS Form W-9 and verify their identify either in person or through email, DocuSign, or videoconference, and complete an affidavit of eligibility and release, including a publicity release, as prepared by the Station online prior to receiving their prize. Each Winner will solely be responsible for any (federal, state, or local) taxes or fees that result from the receipt and/or use of their prize and may receive an IRS Form 1099-Misc for all prizes won from the Station in any calendar year where the aggregate value of all such prizes is $600 or more. The Contest is void where prohibited by law. Failure to comply with the terms and conditions applicable to Contest entry, including, without limitation, submitting an incomplete or fraudulent entry, and/or failing to complete the entry process, will result in such entry being disqualified from such Contest. Any individual(s) that is found to be, or suspected of, tampering with a Contest in any way, including, without limitation, by making a fraudulent entry, by engaging in any “deal-making” with or between other Contest Entrants or third parties, by creating a public hazard, by cheating, by engaging in improper or illegal activity, by causing interference with or the destruction of property and/or utilized public safety resources will be disqualified from participating and/or winning any prize(s), as applicable, and may be banned from any future participation in any Contest as determined by Station at its sole discretion and on a case-by-case basis.

e. Participation in a Contest and/or accepting prize(s) constitutes an agreement by Entrant and/or Winner to release, forever discharge, indemnify, and hold harmless Station, its affiliates, parents, assigns, successors, employees, participating Contest Sponsors, agents and all others connected with them and the Contest (the “Released Parties”) from any and all liability, claims, actions, and losses or damages, including, but not limited to, personal injury or communicable diseases sustained or incurred with respect to the conduct of or participating in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto, act or omission, whether negligent, intentional or otherwise caused by Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the Contest.

f. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Contest or in the announcement of a prize; (ii) incorrect or inaccurate information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures; or (vi) any cancellations, delays, diversions, or substitutions or omissions by any transportation providers or any other persons or entities providing any services to Entrant(s) and/or Winner(s) including any results thereof such as changes in services or location necessitated by same; (vii) any delays or cancellations due to the closure of any Contest Sponsor location, if applicable, promoter or performer issues, acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, disease, national or regional emergency, 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 reason beyond the Station’s sole control; or (viii) bankruptcy or any expenses incurred by Contest Winner(s) as a result of any cancellations, delays, or other circumstances beyond the Station’s control that may affect the Station’s ability to provide any of the prizes.

g. Except where prohibited, by entering the Contest and/or accepting prize(s), each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Greenwood Village, Colorado; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (iii) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”); and (iv) Entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. Colorado law governs the interpretation and construction of these Official Rules and all aspects related thereto.

6. PRIVACY

a. By participating in the Contest and/or accepting prize(s), Entrant agrees to the Station’s Terms of Use Agreement and to the use of Entrant’s personal information as described in the Privacy Policy located at: www.kygo.com. In the event of conflict between the Station’s Terms of Use Agreement and these Official Rules, the terms of these Official Rules shall apply. Any information that Twitter, Facebook, or Instagram collects through an entry in the Contest may be subject to Twitter’s, Facebook’s, or Instagram’s own terms and policies.

7. COPY OF OFFICIAL RULES

a. Any violation of these rules may result in disqualification. Consistent with Section 1(d), there is a limit of one (1) entry per Entrant, per method of entry indicated above that is permitted in this Contest. Any attempt by any one or more Entrants to obtain more than one (1) entry by using the same email address, Twitter, Facebook, or Instagram account or similar registration method through any means including, without limitation, multiple/different email addresses, Twitter, Facebook, or Instagram accounts, identities, registrations, logins, or other methods will void all entries from that address or account, and such Entrant(s) will be disqualified.

b. Copies of these rules are available at the Station’s website: https://kygo.com/, or by sending a request, along with a self-addressed stamped envelope, to the Station at 7800 East Orchard Road, #400, Greenwood Village, CO 80111.