APTIVADA’S OFFICIAL RULES FOR THE NATIONAL HOME FOR THE HOLIDAYS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES GOVERN ONLY THE PROMOTION AND ARE NOT APPLICABLE TO ANY THIRD-PARTY CONTEST (DEFINED BELOW).
BY ENTERING THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT BETWEEN THE ENTRANT (“ENTRANT” OR “YOU”) AND APTIVADA, LLC. YOU ARE ADVISED TO READ THEM CAREFULLY BEFORE ENTERING.
Overview. These “Official Rules” are for the Home for the Holidays 2021 Sweepstakes (the “Promotion”), which is sponsored by Aptivada, LLC (“Aptivada”), and presented in collaboration with participating local radio stations and other entities (each, a “Participating Entity,” and collectively with Aptivada, the “Promotion Entities”). You may enter the Promotion by completing an entry form on a Participating Entity’s website, as described in greater detail below, beginning at 12:00 AM EST on Sunday, October 31st, 2021, and until 11:59 PM EST on Monday, December 20th, 2021 (the “Promotional Period”).
ANY WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM APTIVADA WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO THE NOTICE(S) FROM APTIVADA OR THE PRIZE MAY BE FORFEITED (IN APTIVADA’S SOLE DISCRETION).
Eligibility. The Promotion is open to all legal residents of the United States, including the District of Columbia, and Canada, excluding Quebec, who is 21 years of age or older at the time of entry. Employees of a Promotion Entity or any other television or radio stations located in the same market as a Participating Entity, and their respective parents, subsidiaries, affiliates, advertising or promotion partners (if any), and members of their immediate families (spouse, parents, siblings or children) or persons living in the same household (whether related or not) are not eligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the United States and Canada and where prohibited. Entrants who do not meet the eligibility requirements will be disqualified and unable to win.Entrants must provide truthful information when entering the Promotion; Aptivada will reject and delete any entry that it finds to be false or fraudulent. Aptivada will disqualify any entry from any individual who does not meet the eligibility requirements, and will also delete any entry as required by law.
4. Prizes and Odds of Winning. a. A total of one (1) prize will be awarded, which will be the lesser of $15,000 or the value of the winning entrant’s (the “Winner’s”) annual rent or mortgage payments for one year (the “Prize”). The Prize will be awarded in the form of a check from Aptivada and may take 6–8 weeks from the end of the Promotional Period to issue. The cash value of the Prize will be determined based on the Winner’s rent or mortgage payments on the date the winning entry is submitted. b. All prize details not specifically stated in these Official Rules will be determined by Aptivada in its sole discretion. All taxes (federal, state, and local) are the sole responsibility of the Winner. Winner will receive an IRS Form 1099 for the ARV of the prize. Prize will be mailed to the Winner following verification at the address provided by Winner. c. Odds of winning depend on the number of eligible entries received. d. The Prize cannot be transferred or substituted except in Aptivada’s sole discretion. Aptivada reserves the right to substitute the Prize with a prize of comparable or greater value (as determined by Aptivada in its sole discretion). The Prize is expressly limited to the item(s) listed above and does not include taxes, gratuities or any other expenses. e. By accepting the Prize, the Winner agrees to release Aptivada and its advertising, promotion and production agencies and their respective parents and subsidiaries, shareholders, directors, employees, agents and representatives from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained directly or indirectly in connection with the receipt, ownership or use of the Prize.
Third-Party Contests. Each Participating Entity may offer entry into a local sweepstakes that is affiliated with the Promotion (a “Third-Party Contest”). Each Third Party Contest is a separate sweepstakes governed by its own official rules. Please see the Third-Party Contest official rules from the Participating Entity through whom you entered for full details. Third-Party Contests are not endorsed by Aptivada under Aptivada’s control, and Aptivada is not responsible for the legality, appropriateness or any other aspect of such Third-Party Contests, or for any damage or loss caused or alleged to be caused by your participation in any such Third-Party Contests. When you enter a Third-Party Contest, you do so at your own risk.6.
Winner Selection and Notification. a. Decisions of Aptivada with respect to the Promotion, including winner selection and the awarding of prizes, are final and binding when made. b. The Winner will be randomly selected from among all eligible entries via random drawing conducted on or about December 21, 2021. c. The Winner will be contacted by Aptivada at the phone number or email provided at the time of entry. Aptivada is not responsible for any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond Aptivada’s control. d. Prior to awarding a prize, Aptivada in its sole discretion may require verification of the Winner’s identity by a showing of valid government-issued photo ID. In addition, the Winner shall provide such documentation of his or her rent or mortgage payments that Aptivada reasonably requests
7. General. a. Payments of all federal, state and local taxes are solely the responsibility of Winner. Winner must execute and return any required IRS form (including IRS form 1099), affidavit of eligibility, liability and publicity release (where permitted by law), or similar document within ten (10) days of notification or Winner may be disqualified in Aptivada’s sole discretion and the prize will be forfeited. b. Participating in the Promotion and accepting a prize constitutes the Winner’s permission for Aptivada or its agents to photograph, film, and record Winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, Aptivada may, where legal, require the Winner to sign a publicity release confirming such consent prior to acceptance of the prize. c. To the fullest extent permitted by law, by participating in the Promotion and/or accepting a prize, an entrant understands and agrees:i. to release and hold harmless Promotion Entities, and each of their respective parent, subsidiary and affiliated entities, advertising and promotion agencies, any social media platform utilized in the conduct of the Promotion (including but not limited to Facebook), and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from the Prize or the Promotion. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. ii. that the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law); iii. that any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations); iv. that any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event and under no circumstances will entrants or winners be permitted to obtain awards for attorneys’ fees, and entrants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; v. that any claim or dispute regarding the Promotion or these Official Rules will be resolved pursuant to the laws of the State or Commonwealth in which Aptivada is located, without regard to the conflicts of laws and rules of that State or Commonwealth; vi. that any claim or dispute regarding the Promotion or these Official Rules will be resolved in a tribunal within the State of Utah, and entrants submit to the jurisdiction of and waive all objections to the jurisdiction or venue of such tribunal; and vii. if for any reason a claim or dispute regarding the Promotion or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial. The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
Official Rules and Winner List. To obtain a copy of these Official Rules or a winner list following completion of the Promotion, send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” or “Winner List” to: Aptivada, LLC National Home for the Holidays 2021 Contest 32 West 200 South #227 Salt Lake City, UT 84101