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Monday, October 21, 2019


OFFICIAL RULES

Altitude Sports 92.5 “See ‘Em Here, See ‘Em There” Sweepstakes

Nuggets Edition

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE; A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

  1. Eligibility. The Altitude Sports 92.5 “See ‘Em Here, See ‘Em There” Sweepstakes- Nuggets Edition (“Sweepstakes”) is open only to legal residents of the state of Colorado who are twenty-one (21) years of age or older at the time of entry (each an “Eligible Entrant”). Employees, officers and directors (including immediate family members (spouse, domestic partner, child, sibling, parent and their respective spouses/domestic partners, regardless of where they reside) and members of the same household, whether or not related) of Sponsor (defined below), Kroenke Sports & Entertainment, LLC (“KSE”), The Denver Nuggets Limited Partnership, the National Basketball Association and its member teams and NBA Properties, Inc., and each of their respective parents, affiliated companies, subsidiaries, licensees, divisions, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to participate or win the Grand Prize. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation. 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 Sweepstakes, including but not limited to the administration and operation of the Sweepstakes and the selection of the potential Winners. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. Sweepstakes Period. The Sweepstakes begins on November 4, 2019 at 6:00 a.m. MST and ends November 22, 2019 at 6:00 p.m. MST (the “Sweepstakes Period”).  All entries must be received by Sponsor by the end of the Sweepstakes Period to be part of the Sweepstakes and eligible for the Drawing (defined below).  Sponsor reserves the right to extend or shorten the Sweepstakes Period and/or the Sweepstakes Period at its sole discretion, and to cancel, terminate, modify or suspend the Sweepstakes for any reason in Sponsor’s sole discretion.  Sponsor’s clock shall, for all purposes, be the official clock of the Sweepstakes.

 

  1. How to Enter. There are two ways to enter:

 

  1. Call-In. During each day of the Sweepstakes Period, Sponsor will play a cue to call-in three times per day at random times on 92.5 FM.  After the cue is played, the 9th caller to call in will win the Call-In Prize (defined below) and will qualify for the Drawing for the Grand Prize (defined below). 

 

  1. In-Person. Altitude Sports 92.5 FM will host two live broadcasts at the Viewhouse Ballpark located at 2015 Market St, Denver, CO 80205 on Friday, November 8, 2019 from 2:00pm MST through 6:00pm MST and on Thursday, November 14, 2019 from 2:00pm MST through 6:00pm MST. Altitude Sports 92.5 FM will also host two one-hour Van Hits.  One Van Hit will be at Molly’s Spirits, 5809 W. 44th Street, Denver, CO 80212 from 12:00pm MST through 1:00pm MST and one located at Wallaby’s Liquor Warehouse, 1550 Parker Road, Denver, CO  80231 from 12:00pm MST through 1:00pm MST. At each live broadcast attendees can enter to win a Call-In Prize and be eligible for the Grand Prize Drawing (limit one entry per live broadcast).  Altitude Sports 92.5 FM will randomly draw out of all entries three (3) individuals from each Viewhouse Ballpark live broadcast and Molly’s Spirts and Wallaby’s Liquor Warehouse one hour Van Hits for a total of twelve qualifiers, each of whom will in a Call-In Prize and be eligible for the Drawing.  The odds of being selected as a Call-In Prize winner at each live broadcast will depend on how many entries Sponsor receives at each live broadcast. 

 

Except as set forth above, there is no limit on the number of Call-In Prizes or entries into the Drawing an Eligible Entrant may win.  No other form of entry will be accepted other than that specified above.

 

  1. Grand Prize Drawing and Winner Contact. Within twenty-four (24) hours after the end of the Sweepstakes Period, Sponsor will randomly select one (1) potential Grand Prize Winner from all Eligible Entrants who won a Call-In Prize or were randomly selected at a live broadcast or one-hour Van Hit to be eligible for the Grand Prize drawing (the “Drawing”).  Sponsor will attempt to contact the potential Grand Prize Winner phone call within forty-eight (48) hours after the end of the Drawing.  If the potential Grand Prize Winner cannot be reached during the forty-eight (48) hour period or fails to respond within twenty-four (24) hours after said call is delivered, the potential Grand Prize Winner will be disqualified and an alternative potential Winner will be randomly selected from the remaining Call-In Prize winners and contacted.  Such process will continue until Sponsor contacts a potential Grand Prize Winner who return Sponsor’s message and each such individual will be the “Grand Prize Winner”.  At all times, Sponsor reserves to right to select an alternate Grand Prize Winner in the event that the Grand Prize Winner is found to have not complied with these Official Rules.  Odds of winning will depend on the total number of Call-In Winners (with the odds being no worse than 1 in 57).

 

  1. Call-In Prize and Grand Prize; Prize Terms. Each “Call-In Prize” is two (2) tickets to a 2019-20 Denver Nuggets regular season home game played at the Pepsi Center.  The “Grand Prize” is the following prize package (the “Grand Prize”): (i) four (4) tickets to watch the December 25, 2019 Denver Nuggets regular season home game against the New Orleans Pelicans at the Pepsi Center in a luxury suite; (ii) two (2) tickets to attend the Denver Nuggets regular season home game in New Orleans, Louisiana against the New Orleans Pelicans on January 24, 2020; (iii) round-trip coach airfare for two (2) from Denver International Airport (“DIA”) to New Orleans, Louisiana, departing DIA on Thursday, January 23, 2020 and returning to DIA on Saturday, January 25, 2020; (iv) hotel accommodations for a two night stay (January 23rd and 24th) for two (2) people in New Orleans, Louisiana (hotel selected by the Denver Nuggets (one room, standard double occupancy)); and (v) Nine Hundred Twenty-Five Dollars ($925.00).  The approximate retail value (“ARV”) of each Call-In Prize is $75 and the ARV of the Grand Prize is $2,325.00.  Total ARV of all prizes to be awarded is $7,000.00.  Each Call-In Prize and the Grand Prize is guaranteed to be awarded.  The right to receive a prize is non-transferable and non-assignable. No cash redemption is permitted except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a Call-In Prize or the Grand Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.

 

All prizes or prize certificates may be picked up at the Pepsi Center East Reception Monday – Friday between 9:00 am and 5:00 pm. Certain prizes will be mailed to a winner and winner will be notified of this by a member of Sponsor’s promotion department. A winner will forfeit any prize or prize certificate not claimed within thirty (30) days of winning.  This 30-day rule does not apply to prizes that are awarded in the form of a check from Sponsor.  In the event a prize or prize certificate is mailed to the winner, it will be with the prior consent of the winner and therefore, winner assumes the risk of its loss.  The Sweepstakes Entities are not responsible for the safe arrival of a prize or prize certificate.

 

      All costs and expenses associated with prize acceptance and use not specified herein as being provided, including but not limited to transportation costs, parking, food and beverages, gratuities and other expenses incurred by accepting and making use of  a prize is the sole responsibility of the winner (and Winner’s guests, as applicable). All federal, state, or local taxes associated with a prize are each Winner's responsibility. A form 1099 may be issued based on the value of the prize as required by law. Each winner and/or winner’s guest(s) will receive admission to the applicable game only upon presentation of an admission ticket and will be subject to the rules and regulations of the venue at which the game is played while attending the game.  Winner and Winner’s guests may be required to execute and return any required affidavit of eligibility and/or liability/publicity release.  To the extent requested, all such forms will be completed and returned within twenty-four (24) hours or Sponsor may disqualify the Winner and select and alternate Winner.  Certain travel restrictions may apply. 

 

      For travel related prizes, the following applies: Certain travel restrictions may apply.  Travel arrangements must be made through KSE or its designee.  If the Grand Prize Winner cannot travel on dates specified by KSE, the Grand Prize Winner may be disqualified and an alternate Grand Prize Winner may be selected in the KSE’s sole discretion.  The Grand Prize Winner and his/her travel companion must travel on the same itinerary and are responsible for obtaining all required travel documents, including, without limitation, government issued photo identification.  The Grand Prize Winner may be required to present a valid credit card upon hotel check in to cover any incidental expenses incurred during the Grand Prize Winner’s stay. 

 

  1. Privacy Policy. Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected by Sponsor and used by Sponsor (i) for purposes of proper administration and fulfillment of the Sweepstakes as described in these Official Rules, and (ii) as described in Sponsor’s privacy policy, found at https://www.altitudesportsradio.com/privacy-policy.  In addition, each entrant agrees that Sponsor may share any personally identifiable information he or she supplies as part of the entry process with any of the Sweepstakes Entities, the use of which will be governed by the privacy policy maintained by such Sweepstakes Entity. 

 

  1. Release; Winner Publicity Release. By participating in the Sweepstakes, each entrant agrees to release and hold harmless the Sweepstakes Entities (collectively, the “Released Entities”) from and against any and all claims, injuries, damages or losses that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of any prize awarded. Each prize winner, by acceptance of a prize, grants to Sponsor, KSE, and the other Sweepstakes Entities the absolute right and license to use, publicize, post, and/or display Winner’s name, address (city and state of residence), photograph, voice and/or other likeness (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) and prize information in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.

 

  1. General. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER, INSTAGRAM OR ANY OTHER SOCIAL MEDIA PLATFORM ON WHICH THE PROMOTION IS PROMOTED (each a “Social Media Platform”).  ANY QUESTIONS, COMMENTS OR COMPLAINTS REGARDING THE SWEEPSTAKES SHOULD BE DIRECTED TO SPONSOR, NOT ANY SOCIAL MEDIA PLATFORM. 

 

            Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Entities do not (i) make any warranty, guaranty or representation of any kind concerning the Sweepstakes or any prize (other than that autographed items are genuine and original and that items described as player used have been actually used by a player) and (ii) disclaim any and all express and implied warranties (including, without limitation, quality, merchantability and fitness for a particular purpose) relating to the Sweepstakes and any prize awarded.  Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The Sweepstakes Entities are not responsible for printing or typographical errors in any Sweepstakes-related materials; or transactions that are processed late, incorrectly or are lost. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical difficulties compromise the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

           

            None of the Released Entities assume responsibility for and Sponsor will disqualify submissions that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, garbled entries or failure to receive any submission, or submissions that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the submissions in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing submissions, identifying any prize winner(s), in the announcement of a Grand Prize and its winner, and the delivery of a Grand Prize, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone, or other portable electronic devise related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any submissions received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the submission process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person;  (iv) to display behavior that will bring Winner or any of the Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER WILL RESULT IN WINNER’S DISQUALIFICATION AS A WINNER IN THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.

 

  1. Indemnity; Disputes. By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless the Released Entities from any and all liability arising out of or relating in any way to entrant’s participation in the Sweepstakes. Except where prohibited by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal courts located in the County of Denver, State of Colorado; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) 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 the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State Colorado. If any provision of these Official Rules is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these Official Rules, and these Official Rules will continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as described above, as the case may be. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.

 

  1. Sponsor. The sponsor of this Sweepstakes is KSE Radio Ventures, LLC, 1000 Chopper Circle, Denver, Colorado 80204. Copies of the Official Rules are available for in-person review during regular business hours at Altitude Sports 92.5’s main studio located at 720 S. Colorado Blvd., Suite 1200 North, Denver, CO 80246 and online at www.altitudesportsradio.com. 

 

  1. Winner List. For the list of all Winners, mail a self-addressed stamped envelope to: Winner’s Name Altitude Sports 92.5’s Denver Nuggets “See ‘Em Here, See ‘Em There” Sweepstakes- Nuggets Edition”, 1000 Chopper Cir., Denver, CO 80204. All requests must be received by no later than thirty (30) days after the end of the Sweepstakes Period.