Metro by T Mobile Guitar Giveaway

Prize Winner Affidavit of Eligibility/Liability Release

(Print clearly in English—prize delivery depends on complete and correct address)

 

1. Compliance With Official Rules.  I have read, understand, and agree to the Official Rules for the METRO BY T-MOBILE   “Guitar” 2019 Sweepstakes (the "Promotion") attached hereto as Exhibit A, which is sponsored by LBI Media of Los Angeles LLC ("Sponsor").  I represent that I have complied with the Official Rules for the Promotion and I have perpetrated no fraud or deception in connection with my participation in the Promotion.  I agree to return to Sponsor any prize which may be awarded to me if any statement made by me in this Affidavit and Release is false.

2. Affidavit and Release Requirements.  I understand and agree that I must sign and return this Affidavit and Release by the redemption deadline set by Sponsor, and if I do not, I will forfeit any prize I may otherwise have received.  I understand and agree that my travel companion must also sign this Affidavit and Release for it to be complete.

3. Eligibility.  I represent and warrant that I am eligible to participate in the Promotion in accordance with the eligibility criteria set forth in the Official Rules.  

4. Acceptance of Prize.  The Prize to be awarded in this Promotion includes: (1) Guitar signed by artist (the following artist Los Tigeres  Del Norte, La  Arralladora ,Los Sebastianes ,Oscar Cortez ,T3rce Elemento, Fidel Ruedas, Pepe Garza,Don Cheto, Luis Coronel, Chiquis, Ana Barbara, El Tri,Nacho,Adictiva, Marco Flores y La Banda Jerez, Impacto Sinaloense, Fuerza Armada, Alex Rivera, Adrian Chaparro, Carin león ,Colocho). (collectively, the "Prize").  I understand and agree that by accepting the Prize, I do so knowingly, fully appreciating and accepting the actual or potential legal liability and/or risk of death or injury that may result from using or misusing the Prize and I personally assume all risks of injury or death, and hereby release Sponsor, MetroPCS California, LLC,  and their respective  officers, directors, and employees, parent, subsidiaries, and affiliated companies ("Promotion Parties") from any and all liability of any kind, as a result of or arising from or relating to the acceptance, receipt, possession, use, and/or misuse of the Prize or any component or experience included with the Prize.

5. Disclaimer of Warranties.  I UNDERSTAND AND AGREE THAT THE PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE Promotion Parties DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE.

6. Taxes.  I understand that all taxes (including, without limitation, federal, state, and local taxes) on or connected with any prize that is awarded to me, and the reporting consequences thereof, are my responsibility.  If required by law, Sponsor shall be entitled to withhold and remit to the appropriate taxing authorities the amount of any tax or taxes due.  I certify that I have provided Sponsor with my correct Social Security number, if requested by Sponsor, and I am not subject to backup withholding. 

7. Publicity Release.  I agree that if I should become a verified winner, then (where legal) the Promotion Parties shall have the right, but not the obligation, to use my name, voice, and likeness, along with my address (city and state) and any statements made by or attributed to me relating to the Promotion Parties and/or the Promotion in any and all media, now known or hereafter devised, in perpetuity, and throughout the universe for advertising, marketing, publicity, and promotional purposes in connection with the Promotion and other promotions without further compensation, and I hereby release the Promotion Parties from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of my right of publicity, and defamation (including libel and slander). 

8. Liability Release.  On behalf of myself, my heirs, executors, and administrators, and in exchange for receipt of the Prize, I hereby release and agree to hold the Promotion Parties harmless from and against 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 my participation in the Promotion, or arising out of my participation in any Promotion related activity, or my receipt, use, or misuse of the Prize or any component or experience included with the Prize. I understand and acknowledge that the Promotion Parties have not arranged for nor carry any insurance of any kind for my benefit or for the benefit of my heirs, executors, or administrators, and that I am solely responsible for obtaining and paying any life, health, travel, accident, or other insurance relative to the use of the Prize.  I agree that the above release shall be effective as a full and final general release of all legal claims described in the release, whether I actually know about such claims or not, despite the fact that the California Civil Code Section 1542 or a similar law in another state may provide otherwise.  I am aware that Section 1542 provides as follows:  A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

[Intentionally Left Blank – Signature Page Follows]

 

Winner:  My signature below represents that I have read, understand, and am in agreement with all of the terms of this Affidavit and Release and the Official Rules.

Winner’s Signature: ______________________________________________

Date:  ____________________

 

 

STATE OF _______________ )

)

COUNTY OF _____________ )

 

On ____________________, before me, ____________________, a Notary Public, personally appeared ____________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of __________ that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________

 METRO BY T-MOBILE   “Guitars” Sweepstakes

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.  

PROMOTION DESCRIPTION: METRO BY T-MOBILE “Guitars” Sweepstakes (the “Sweepstakes”) begins on Saturday, October 17, 2019 at 12:00:00 a.m. Pacific Time (“PT”) and ends at the end of the last Radio Remote Entry Period (defined below) (the “Promotion Period”). The Promotion Period consists of four two-hour radio remotes at Metro by T–Mobile locations on dates indicated below at times and locations as announced by Sponsor (each, a “Radio Remote Entry Period”). At the end of each Radio Remote Entry Period, a random drawing will be conducted from among all eligible entries to select one prize winner for each radio remote, as more fully set forth below.  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 LBI Media of Los Angeles LLC, 1845 Empire Ave, Burbank, CA 91504 (“Sponsor”), which shall be final and binding in all respects. 

ELIGIBILITY:  Open only to California residents who are eighteen (18) years old or older as of time of entry.  Officers, directors, and employees of Sponsor and/or LBI Media Inc., MetroPCS California, LLC, and each of their respective 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, visit the following stores of METRO BY T-MOBILE on the following days and Locations (KBUE 10/19-Metro T mobile-7132 Pacific Blvd  Huntington park, 10/26—Ms Pico-1558 W Pico Blvd Los Angeles, Ca 90015,10/27-MBM-6102 Lakershim Blvd North Hollywood 91606, 11/2-Nextar Telecom Inc. 1934 Durfee Ave El Monte Ca 91733 and KWIZ 10/19-Palitel-2710 W Edinger Santa Ana Ca 92704, 10/26-D& Z-995 S Beach Blvd, Anaheim Ca 92804, 10/27-RP Wireless 1221 Tustin Street Orange Ca 92867, 11/2- Metrocom 431 E. Street Santa Ana 92701) to “Register to Win” you will receive an entry form to register your entry to the Sweepstakes, which will require a valid e-mail address, full legal name, and telephone number.    Limit one (1) entry per household.  

GENERAL CONDITIONS OF ENTRY:  Entries must be received during the applicable Radio Remote Entry Period.  Sponsor is the official timekeeper for the Sweepstakes.  All entry information and materials become the property of Sponsor and will not be acknowledged or returned.  Proof of submitting entry information to Sponsor is not considered proof of delivery to or receipt by Sponsor 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 Sponsor’s online privacy policy, located at https://www.lbimedia.com/compliance/lbi-privacy-policy/.  Any communication or information transmitted to Sponsor 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.  Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.  Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service websites, 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 process, is prohibited and any entries deemed by Sponsor, 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 Sponsor’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 which 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.

REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each entrant hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

WINNER SELECTION AND NOTIFICATION:  At the end of each Radio Remote Entry Period, Sponsor (or its designee) will conduct a random drawing from all eligible entries received during the Promotion Period to select one winner per radio remote.  Attempts to notify potential winners will be made in person during the drawing.  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. Sponsor may successively attempt to contact up to two (2) 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: Each prize is as follows: (1) Guitar signed by artists (TBD). One guitar will be raffled at each radio remote or activation for METRO BY T-MOBILE locations on the following dates with the following stations (KBUE, 10/19, 10/26, 10/27, 11/2 and KWIZ, 10/19, 10/26,10/27, 11/2), at the end of the applicable Radio Remote Entry Period.   Approximate retail value of each prize: ARV $125.00).  Odds of winning the prize depend on the number of eligible entries received in the applicable Radio Remote Entry Period. 

GENERAL PRIZE CONDITIONS:  No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its 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 Sponsor 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 SPONSOR HEREBY DISCLAIMS 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 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 five (5) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.  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.  Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which 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, Sponsor is 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.  Sponsor 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 Sponsor 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.  Sponsor 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 Sponsor’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 Sponsor 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 Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes.  If the Sweepstakes is terminated before the designated end date, Sponsor 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 Sponsor.  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 SPONSOR 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 San Francisco 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, Sponsor 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 Sponsor also have the right to bring qualifying claims in small claims court.  In addition, entrant and Sponsor 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 Sponsor 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 Sponsor’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:  LBI MEDIA, INC., 1845 Empire Ave, Burbank, CA 91504.

Please specify "winners list" or "Official Rules" and the name of the Sweepstakes in your request.

 

 

 

     

     

La Ranchera 96.7 FM - Los Angeles | Aqui Estas: