Official Rules

OFFICIAL KTYD’S HOLIDAYS AT UNIVERSAL STUDIOS HOLLYWOOD CONTEST RULES


NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
99.9 KTYD is giving listeners in the KTYD’S HOLIDAYS AT UNIVERSAL STUDIOS HOLLYWOOD Contest a chance to win Single-Night General Admission Event Tickets to Holidays at Universal Studios Hollywood.  This Contest is governed by these Rules, as well as by KTYD Radio’s Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by KTYD Radio and by all other decisions of KTYD Radio which are final and binding in all matters relating to the Contest.


NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.


APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.


CONTEST SPONSORS:
The sponsor of the contest is KTYD Radio.


CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.


ELIGIBILITY: 
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents of the states of California who are at least 18 years of age or older at time of entry (unless otherwise specified).  Sponsors reserve the right to refuse to award a prize to or on behalf of a minor. 

Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of KTYD and any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.

Past Prize Winners: Participants who have won a KTYD Radio Contest in the last thirty (30) days are ineligible.

Employer Restrictions:  Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests.  Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies. 

 

HOW TO ENTER:
The Contest begins on November 27, 2023 at 6:00am PDT and ends on December 8, 2023 at 10:00am PDT(the “Entry Period”). During the Entry Period, eligible Participants will be required to listen for an on-air cue as the call to action to call-in at (805) 879-5893 and be the designated caller disclosed in the call to action to be confirmed as the official winner.  

(10) Ten winners will receive a Prize Package containing four (4) 1-Day General Admission tickets to Universal Studios Hollywood located in Universal City, California. Each Prize Package has an approximate Fair Market Value (“FMV”) of Five Hundred Sixteen and 00/100 Dollars ($516.00) (actual value may vary depending on actual park visit date). 1-Day General Admission tickets will be subject to the following terms and conditions:

1-Day General Admission to Park (Valid on your selected date only). Guests ages 18 and older must also show photo ID. For more details, visit https://www.universalstudioshollywood.com/web/en/us/plan-your-visit/operations-safety-updates.  Additional restrictions may apply. Parking not included. Ticket is non-transferable, non-refundable and non-exchangeable. This ticket may not be altered, copied, transferred or resold. This ticket is only valid for the person named on it, or when accompanied by the person named on it. Ticket cannot be combined with other offers, separately ticketed events, discounts, or sightseeing tours. Please note the CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Guests should evaluate their risk in determining whether to attend. People who show no symptoms can spread COVID-19 if they are infected, any interaction with the general public poses an elevated risk of being exposed to COVID-19, and we cannot guarantee that you will not be exposed during your visit. By accepting admission, you assume all inherent risks and agree to release Universal and its affiliates from liability for illness (including communicable / infectious diseases), loss, injury, or damage related to your purchase or visit. Universal reserves the right to revoke the license granted by this ticket. Park, rides/shows/attractions, entertainment, experience details and/or access to event may be restricted or unavailable due to capacity/closures/other factors and benefits/restrictions are subject to change without notice. For Park hours, visit UniversalStudiosHollywood.com/calendar-and-hours. Valid at Universal Studios Hollywood, located in Los Angeles, California.

NOTE: The Prize Packages must be used by June 30, 2024 or prize will be forfeited. Depending on crowd conditions, Virtual Line™ reservations may be required to enter SUPER NINTENDO WORLD™.   If winner is unable to fulfill prize during time period, winner forfeits the prize package. Blackout dates or other restrictions may apply. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption.  If winner elects to partake in any or all portions of his/her prize with no guest, the prize will be awarded to winner only and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation.  Winner must be eighteen (18) years of age or older. Prize Packages are non-transferable and have no cash value. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of winner. All unclaimed and/or unused prize packages, will remain the property of USH and may not be used as sales or trade incentive for employees of Sponsor and may not be sold, exchanged or otherwise transferred by winner, nor used by Sponsor, its agencies or clients. All details of the Prize Packages will be determined by USH in its sole discretion and USH reserves the right to substitute a similar prize or prize element of comparable value. Tickets are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Universal Studios winners are responsible for all taxes and fees associated with prize receipt and/or use.
 
All tickets are valid during normal operating hours only.  Operating hours and availability of attractions and shows are subject to change without notice.  Some special events may be separately ticketed.  USH reserves the right to change the name of all tickets. Unless specifically indicated otherwise, all tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events at any of the theme parks, hotels, or within any of the Universal CityWalk venues.

No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable.  Any difference between the actual value and the approximate retail value of any prize will not be awarded.  No substitution or cash equivalent will be made. Sponsors are not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays. Sponsors are not responsible for any cancellation or rescheduling of the performance for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the performance not be rescheduled or vouchers not issued.


TAXES:
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.


ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.


HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner will be contacted with exact details on claiming prize. The Sponsors have the right in their sole discretion to mail the prize to the winner. Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe and timely arrival.

Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsors reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors’ sole discretion.
Winner(s) are required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded.  By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize. 

Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from KTYD Radio will forfeit the prize. KTYD Radio reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.

Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.

 

WARRANTIES AND REPRESENTATIONS: 
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules.


RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE KTYD Radio, Rincon Broadcasting, Point Broadcasting the other Contest Entities (as described above), and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision.  This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542.  Section 1542 of the Civil Code of the State of California states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims.  Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.


PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to KTYD Radio and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose KTYD Radio and/or the Released Parties deem proper.  Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.


DISQUALIFICATION:
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated.  Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.

CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 


RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsors reserve the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.


GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles.  By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.


GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to:  Holidays at Universal Studios Hollywood Contest Rules and/or Official Contest General Contest Rules, 2600 W. Olive Ave, Suite 800, Burbank, CA, 91505. These Rules and the General Rules may also be found at www.ktyd.com. For a list of any Contest winners send a self-addressed, stamped envelope to: Promotions Department 99.9 KTYD Radio, 414 East Cota Street, Santa Barbara, CA 93101.

Universal City Studios LLC d/b/a Universal Studios Hollywood is a prize provider only in this promotion; is not a sponsor of this promotion; and is not responsible for the administration of the promotion, the collection of the entries or the selection of any winner. Any disputes, claims, and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in any portion of the prize involving Universal Studios Hollywood shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in state or federal courts within Los Angeles, California. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.

In connection with any visit to Universal Studios Hollywood, please be advised that Sponsor’s and Universal’s policies, CDC guidelines, and the recommendations of health officials must be followed.  In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal destination.  Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor and Universal cannot guarantee that any person will not be exposed during a visit.

By accepting the Prize, winner, on behalf of him or herself and on behalf of any individuals who use the Prize, expressly assumes the risk that during use of the Prize they may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. Winner and Guests, if any, expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases.

The State of California strongly recommends that all guests be fully vaccinated for COVID-19, obtain a negative COVID-19 test result prior to visiting, or wear a face covering.* Guests who are not fully vaccinated should wear a face covering during their visit.

*See current CDPH Guidance for Fully Vaccinated Persons <hyperlink: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/COVID-19-Public-Health-Recommendations-for-Fully-Vaccinated-People.aspx> regarding full vaccination. PCR or antigen test should be conducted within 72 hours before your visit.

All parts of the Prize selected are subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfillment of some or all of the  Prize delayed, hindered, adversely affected, impracticable, or impossible, Universal Studios Hollywood in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfillment processes and timelines for the Prize or portion of the Prize for which Universal Studios Hollywood is responsible for, which may include but is not limited to providing additional time for redemption and/ or fulfillment. Should the Prize become unavailable, experiences and items of a similar nature and value may be offered.