Fulton Homes Be An Energy Star Official Contest Rules

FULTON HOMES BE AN ENERGY STAR SWEEPSTAKES RULES

Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

Eligibility: “Fulton Homes Be An Energy Star” Sweepstakes (the “Sweepstakes”) is open only to individuals who are twenty-one (21) years or older and a permanent resident in Arizona, stationed at a military installation or be a valid full-time student registered at a campus, university or educational institution within the same area. Void outside of Arizona, and where prohibited by law. No purchase necessary to enter the Sweepstakes.  Employees of Hubbard Radio Phoenix, LLC and its stations ALT AZ 93.3, 1100 North 52nd Street, Phoenix, Arizona, 85008 (the “Sponsor”), Fulton Homes Corp., 9140 South Kyrene, Suite 202, Tempe, Arizona, 85284 and Chas Roberts Air Conditioning Inc., 9828 North 19th Avenue, Phoenix, Arizona, 85021 (“Promotional Participants”), and Hubbard Radio, LLC, (collectively, with the Sponsor and Promotional Participant, the “Released Parties”), any radio, television or other media companies located in the Phoenix area, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win.  The Sweepstakes is subject to all applicable federal, state and local laws and regulations.  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. Winning a prize is contingent upon fulfilling all requirements set forth herein and Grand Prize Winner must also be a homeowner in Arizona.

Sweepstakes Period: The Sweepstakes begins on May 1, 2017 at 12:00:01 AM Pacific Time (“PT”) and ends on August 31, 2017 at or about 11:59:59 PM PT (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.

How to Enter: There are two (2) ways to enter:

(1) Online: To enter via this method of entry, visit www.beanenergystar.com and follow the instructions to be entered into the Sweepstakes (an “Online Entry” or “Entry”).

(2) Mail:  To enter via this method of entry, send a 3” x 5” index card with your full name, mailing address, email address, and phone number with area code in a hand-printed, self-addressed, stamped envelope (a “Mail In Entry” or “Entry”) postmarked before August 25, 2017 to: Fulton Homes Be An Energy Star Sweepstakes, Hubbard Radio, 1100 North 52nd Street, Phoenix, AZ 85008. Sponsor is not responsible for illegible, lost, late, damaged, misdirected, or stolen entries.

Limit:  One (1) Entry per person per calendar day (for purposes of this Sweepstakes, a “calendar day” is defined as beginning at 12:00 AM PT and ending at 11:59 PM PT on any one (1) calendar date).  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities or registrations, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated, robotic, repetitive, programmed or similar entry methods or agents to participate is prohibited and will result in disqualification.  Facsimile and mechanically reproduced entries will not be accepted.  Sponsor is not responsible for lost, late, incomplete, illegible, invalid, unintelligible or misdirected Entries, which will be disqualified.  In the event of a dispute as to any participation by Online Entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  The potential winner may be required to show proof that he/she is the authorized account holder.  All entries submitted become the sole property of Sponsor and will not be returned.  Entries will not be judged but must adhere to the entry guidelines indicated herein, as determined by Sponsor in their sole discretion.

Random Drawings:  Sponsor will randomly select four (4) First Prize winners from among all eligible entries which are received by the day prior to each random drawing date set forth below. All non-winning entries WILL be carried over to subsequent random drawings. Odds of becoming a First Prize winner depend on the number of eligible entries received by the day prior to each random drawing date set forth below.

6/1/2017

7/1/2017

8/1/2017

9/1/2017

Then on or about September 1, 2017, Sponsor will randomly select one (1) Grand Prize winner from among all eligible entries received. First Prize winners are not eligible to win the Grand Prize. Odds of becoming the Grand Prize winner depend on the number of eligible entries received during the Sweepstakes Period.

All prize winners will be notified by telephone within forty-eight (48) hours of the date of each random drawing. If Sponsor is unable to reach a prize winner after three (3) attempts, that potential prize winner will forfeit his/her right to the prize, and an alternate potential winner will be selected, time permitting. Only three (3) alternate random drawings will be held after which the prize will remain un-awarded.

Prizes and Approximate Retail Values (“ARV’s”): Four (4) First Prize:  Four (4) First Prize winners will receive up to $500.00 in the form of a check made payable to the winner’s name. ARV: Up to $500.00. Actual value will vary in dollar amount to match the First Prize winner’s most current monthly electricity bill. One (1) Grand Prize: One (1) winner from all remaining eligible entries will receive a new air conditioning unit from Chas Roberts Air Conditioning, Inc. with standard installation. ARV: $6,000.00.

Actual value for First and Grand Prizes may vary. Sponsor is not responsible for, and winner will not receive, any difference between the actual value and ARV of a prize. Prize(s) may be subject to limitations, such as service areas and unit model, as determined by Sponsor or Promotional Participants.

Prize Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. The Prize Winners is responsible for paying all applicable income taxes associated with accepting their Prize. Prize winners are solely responsible for all other expenses not specifically set forth herein, including but not limited to surcharges, service charges, personal charges, security fees, shipping costs, repair costs, warranties, taxes, and other incidentals and items of a personal nature. Prizes consist of only the items specifically listed as part of the prize. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. The Sponsor reserves the right to cancel or postpone the Sweepstakes if the Sweepstakes becomes impossible or commercially unreasonable to administrate. Winner is responsible for all taxes and fees associated with prize award, receipt and/or use. Failure to redeem the prize does not relieve winner of his/her tax obligations associated with acceptance of a prize. Sweepstakes winnings will be reported to the Internal Revenue Service and winner can expect to receive a 1099 tax form for prizes which total more than $600.00 for the year.

Claiming the Prize: Upon winner verification, as a condition of being named a First Prize winner, he/she must provide a copy of his/her current month’s electricity bill along with a copy of a photograph ID. Winner’s name on the electricity bill must match the name on the photograph ID or winner must provide another proof of address (eg. Bank statement or other utility bill).  First Prize and Grand Prize Winners must claim his/her prize in person at the Sponsor’s Stations, 1100 North 52nd Street, Phoenix, AZ 85008, during normal business hours (9 a.m. – 5 p.m., M-F) within thirty (30) days after being notified that the Prizes are available to be picked up. Prize winner must prove he or she is a qualified winner by presenting acceptable identification (eg. state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification).  If a winner cannot prove he or she is a qualified winner, the Prize will not be awarded. All unclaimed or returned prizes remain the property of Sponsor.

Participation Conditions/Release/Consent to use Likeness: By participating, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s participation in this Sweepstakes and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes, of his/her likeness, voice (including a recording of the winner’s telephone call to the station) and/or address (city/state) without any additional compensation.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or 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 if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize.

Privacy Policies and Data Collection:  Information provided by you for this Sweepstakes on the entry form is subject to Sponsor’s privacy policy located at: http://corporate.hubbardradio.com/privacy-policy/. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by phone, direct message, or email accounts provided on the entry form to administer and fulfill this Sweepstakes.

Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Arizona; (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’ or legal fees; and (3) unless otherwise prohibited, 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 this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Arizona without giving effect to any choice of law or conflict of law rules (whether of State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.

Sweepstakes Winners/Official Rules: For a copy of these official rules, or the name of the Sweepstakes winner (available after September 4, 2017), send a hand-printed, self-addressed, stamped envelope by September 22, 2017 to: Winners List/Official Rules (designate which), Fulton Homes Be An Energy Star, Hubbard Radio, 1100 North 52nd Street, Phoenix, Arizona, 85008.