LOS AFICIONADOS SWEEPSTAKES OFFICIAL RULES

LOS AFICIONADOS SWEEPSTAKES

 

SHORT RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

Sweepstakes begins at February 3, 2020 at 12:00:00 A.M. Pacific Time (“PT”) and ends on February 29, 2020 at 2:00:00 P.M. PT; open only to legal California residents who are 18 years old or older at the time of entry and have a valid California driver’s license and U.S. social security number; see Official Rules at laranchera.estrellatv.com/concursos for additional eligibility restrictions, prize descriptions, restrictions, and values, odds, and complete details; limit one (1) entry per person; void where prohibited. Sponsors: ESTRELLA MEDIA, INC., KWIZ-FM (96.7 FM), 3101 W. 5th St., Santa Ana, CA 92703, and JIM'S MUSIC CENTER, 14061 Newport Ave., Tustin, CA 92780.

 

 

SWEEPSTAKES OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

 

PROMOTION DESCRIPTION: The Los Aficionados Sweepstakes (the “Sweepstakes”) begins on February 3, 2020 at 12:00:00 A.M. Pacific Time (“PT”) and ends on February 29, 2020 at 2:00:00 P.M. PT (the “Promotion Period”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of ESTRELLA MEDIA, INC., KWIZ-FM (96.7 FM), 3101 W. 5th St., Santa Ana, CA 92703 (the “Station”), which shall be final and binding in all respects.

 

In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication in any advertising, announcements, brochures, sell-ins, promotion materials and/or any other information relating to this Sweepstakes (in any and all media) or any element thereof, these Official Rules shall govern.

 

SPONSORS: ESTRELLA MEDIA, INC., KWIZ-FM (96.7 FM), 3101 W. 5th St., Santa Ana, CA 92703, and JIM'S MUSIC CENTER, 14061 Newport Ave, Tustin, CA 92780.

 

ELIGIBILITY: Open only to legal residents of California who are eighteen (18) years old or older as of time of entry and have a valid California driver’s license and U.S. social security number. Officers, directors, and employees of Sponsors or their parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.

 

HOW TO ENTER: To enter, entrants should listen to KWIZ-FM (96.7 FM) during the Promotion Period between 5 P.M. and 6 P.M. PST Monday through Friday during the “Pidala Cantando” (Sing Your Request segment. Upon hearing the cue by the D.J. to call the studio request line, entrants should call the Station’s line announced by the D.J. Callers will be selected randomly by the D.J to sing a small portion of a song of their choice on air and will be considered as a participant for an opportunity to be selected as a semi-final contestant. Entrants will be required to provide their full legal name, address, and phone number. No purchase necessary. All entries must be received no later than 6 P.M. PST on Friday, February 28, 2020. Limit one (1) entry per person.

 

GENERAL CONDITIONS OF ENTRY: Entries must be received during the Promotion Period. Station is the official timekeeper for the Sweepstakes. All contestants must be amateur entertainers and be “unsigned,” i.e., no signed contracts. Professional entertainers (signed artists, union musicians, or individuals whose musical or singing talent is a principle source of income) are not permitted to enter. All entry information and materials become the property of Station and will not be acknowledged or returned. Proof of submitting entry information to Station is not considered proof of delivery to or receipt by Station of such entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Sweepstakes will be used in accordance with Station’s online privacy policy, located at www.estrellatv.com/privacy-policy. Any communication or information transmitted to Station by e-mail or otherwise is and will be treated as non-confidential and non-proprietary.

 

Entry must be made by the entrant, only as described in these Official Rules. Entries made by any other individual or any entity will be declared invalid and disqualified for this Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry or call-in process, is prohibited and any entries deemed by Station, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Station’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

 

SEMI-FINAL & FINAL ROUND SELECTION AND NOTIFICATION: Each Friday throughout the Promotion Period, Station (or its designee) will select, in its sole discretion, two (2) semi-finalist contestants from all eligible entries received from Monday through Friday of that week. The selected semi-finalists will be announced on air by the Station, and the Station will attempt to notify them of their selection, between the hours of 6 P.M. PST and 7 P.M. PT, based on the contact information provided by the contestant. If any semi-finalist selected is unable to participate in the semi-final round, or if the Station is unable to reach the semi-finalist during the notification period, the Station, in its sole discretion, will select another semi-finalist from the eligible entries received during the particular week of the Promotion Period. A total of eight (8) semi-finalists will be selected (i.e., two (2) semifinalists per week for four (4) weeks). The eight (8) semi-finalists selected by the Station will be invited to perform one (1) song of their choice during the semi-final round on Saturday, February 29, 2020, at Jim's Music Center, 14061 Newport Ave., Tustin, CA 92780, between the hours of 12 P.M and 2 P.M. Three (3) judges, designated by the Station in its sole discretion, will score and determine which contestants will be promoted to the Final Round. A total of three (3) contestants will be promoted to the Final Round. The Final Round contestants will be announced at Jim’s Music Center a few minutes after the semi-final round has been concluded, and the Final Round will begin right after they are announced. For the Final Round, the contestants must sing one (1) song of their choice. A contestant may only perform as a solo act. A karaoke machine and screen will not be supplied. Memorize the words to your song(s). During the performance, only the contestant can be onstage. No back-up singers or dancers are allowed. A sound system and microphone will be supplied. Contestants MAY NOT utilize live props, back-up singers, dancers, or animals. Non-human props such as costumes and other accessories are permitted. Contestants who do not show up to perform at the designated time will be disqualified. Contestants may sing the same song as another contestant. They can also sing the same song for both semi-final and final rounds. The decision of the judges is final. Each contestant shall be judged by the following criteria on a scale of 1-10, with a total of 30 points being possible: 1) singing ability (vocal quality, rhythm, pitch, and phrasing); 2) appearance (attire); 3) stage presence (movement, confidence, command). The judges’ scores will be tallied to determine who wins. In the event of a tie, the judges will deliberate and select the winner(s).

 

Any potential winner must be present to claim the prize. If a potential winner is not present when the judges’ decision is announced, such potential winner will forfeit any prize and an alternate winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. The Station may successively attempt to find up to two (2) alternate potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.

 

PRIZES/ODDS: The first place winner will receive one (1) Takamine Guitar. The second place winner will receive four (4) tickets to Knott’s Berry Farm theme park. The third place winner will receive two (2) tickets to Universal Studios Hollywood theme park. Actual odds of winning a prize depend on the number of eligible entries received. Many will enter, only one (1) will win first place.

 

Approximate retail value (“ARV”) of prize:

 

One (1) Takamine Guitar. Approximate Retail Value (ARV) $500.00

 

Four (4) tickets to Knott’s Berry Farm theme park. Approximate Retail Value (ARV) $300.00

 

Two (2) tickets to Universal Studios Hollywood theme park. Approximate Retail Value (ARV) $258.00

 

GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed, except Sponsors reserve the right in their sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Sweepstakes materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Station in its sole discretion. EACH PRIZE WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE

 

AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS ASSOCIATED WITH THE APPLICABLE PRIZE. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

FURTHER DOCUMENTATION AND PUBLICITY: Potential winners and contestants may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified. As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use the winner’s name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.

 

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entry in the Sweepstakes constitutes entrant’s permission for the Promotion Entities to use entrant’s name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Promotion Entities assume no responsibility for any damage to an entrant’s, or any other person’s, computer system that is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Station reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, 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 Station reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Station reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Station’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Station is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 other cause not reasonably within Station’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval that may be required, Station shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Station will (if possible) select the winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of the Station. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.

 

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSORS IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS SWEEPSTAKES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN LOS ANGELES COUNTY, CALIFORNIA.

 

ARBITRATION PROVISION: By participating in this Sweepstakes, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

 

If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Station will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

 

This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies. Entrant and Station also have the right to bring qualifying claims in small claims court. In addition, entrant and Station retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules.

 

Neither entrant nor Station may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only Entrant and/or Station’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

 

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN

 

AAA  RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Official Rules will survive the termination of your relationship with Sponsor.

 

WINNER’S LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to ESTRELLA MEDIA, INC., KWIZ-FM (96.7 FM), 3101 W. 5th St., Santa Ana, CA 92703. Please specify "winners list" or "Official Rules" and the name of the Sweepstakes in your request.

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