Home for the Holidays Contest Rules

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.

Entry Method. During the Promotional Period, entrants may enter the Promotion by

visiting radiocontest.com or the website of any Participating Entity and following all

steps to complete and submit an entry form with all required information. Limit one (1)

unique entry per person per Participating Entity per day.

Entrants must submit all information required on the entry form, which may include first

and last name, telephone number, email address, home address, and/or date of birth.

Entries will be deemed made by the authorized account holder of the email address

submitted at the time of entry. The authorized account holder is the natural person who

is assigned to the email address by an Internet access provider, online service provider

or other organization that is responsible for assigning the email address or the domain

associated with the submitted email address. Multiple entrants are not permitted to

share the same email address. Entries submitted will not be acknowledged or returned.

Use of any device to automate entry is prohibited. Incorrect, illegible, corrupt, and

incomplete entries are void. Proof of submission of an entry shall not be deemed proof

of receipt.

A Participating Entity may offer entrants the opportunity to earn bonus entries

throughout the Promotion Period. The availability of and means for earning such bonus

entries shall be at the discretion of each Participating Entity. Limit sixty (60) bonus

entries per entrant throughout the Promotion Period.

Alternatively, you may enter the Promotion by mailing a postcard with your hand written

name, age, address, phone number, and email address (optional) to: National Home for

the Holidays 2021 Contest, 32 West 200 South #227, Salt Lake City, UT 84101. All

entries submitted via postcard must be postmarked during the Promotional Period and

received by [December 20, 2021]. Limit one (1) mail-in entry per person per day.

All information entrants provide upon entering the Promotion is subject to Aptivada’s

Privacy Policy, available at https://www.aptivada.com/privacy/, For details about how

information is collected and used by Participating Entities, entrants must refer to the

applicable Participating Entity’s privacy policy.

The Promotion Entities are not responsible for technical outages, delays, or

malfunctions of any kind, including those related to the Internet, cell phone service, or

computer failures. Accordingly, the Promotion Entities are not responsible for errors or

data loss of any kind, lost or unavailable Internet connections, failed, incomplete,

garbled or deleted computer or network transmissions, inability to access any website or

online service, any other error or malfunction, late, lost, illegible or misdirected entries,

or for printing errors in any advertisement, entry form or rules.

Entry materials that have been tampered with or altered are void. If the Promotion

Entities determine, in their sole discretion, that there is any suspected or actual

electronic tampering with the Promotion or if technical difficulties compromise the

integrity of the Promotion, the Promotion Entities reserve the right to void the entries at

issue and/or modify, suspend or terminate the Promotion. If, for any reason, the

Promotion is not capable of running as planned, including because of tampering,

unauthorized intervention, fraud, technical failures, or any other causes beyond the

control of the Promotion Entities which corrupt or affect the administration, security,

fairness, integrity or proper conduct of the Promotion, the Promotion Entities reserve the

right to modify, suspend or terminate the Promotion.

Any attempt by an entrant or any person to deliberately damage any website or social

networking site used in the Promotion or to undermine the legitimate operation of this

Promotion may be a violation of criminal and civil laws. Should such an attempt be

made, Aptivada reserves the right to seek full prosecution and/or damages from any

such individual to the fullest extent permitted by law. Aptivada’s failure to enforce any

term of these Official Rules shall not constitute a waiver of that provision.

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 ThirdParty 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

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