Prepaid Visa® RushCard “Summer Jam” Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
The RushCard “Summer Jam” Sweepstakes (the “Sweepstakes”) is intended only for legal United States residents in all states excluding Vermont and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry or if you reside in the U. S. within the state of Vermont.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Unirush, LLC, P.O. Box 42482, Cincinnati, OH 45242 (the “Sponsor”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open and offered only to legal U.S. citizens not residing in Vermont, and who have reached the age of majority in his/her state of residence at the time of entry (the “Entrants”). Employees, officers and representatives of the Sponsor, the Administrator, MetaBank ®, Visa U.S.A. Inc., Visa International Service Association, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Void outside of the United States, in the state of Vermont, and where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as described below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on April 4, 2017 and ends at 11:59:59 p.m. ET on May 15, 2017 (“Sweepstakes Period”). The Sponsor’s database is the official time-keeping device for the Sweepstakes. There are two (2) ways to enter the Sweepstakes during the Sweepstakes Period:
- Card Usage – Entrants will automatically obtain one (1) Sweepstakes entry every time they make a signature or PIN purchase transaction, in store or online, using their RushCard. Those Entrants that are not current RushCard cardholders must open a new RushCard account. Those Entrants that are not current RushCard cardholders can create a RushCard account to enter the Sweepstakes as described above. To become a RushCard card member, visit RushCard.com and complete the on-line application.
- By Mail – To enter via mail print your full name, complete mailing address, phone number, and email address on a 3”x5” card and mail with proper postage to: RushCard “Summer Jam” Sweepstakes, 90 Rockwood Place, Rochester, NY 14610. Mail-in entries must be postmarked by May 15, 2017 and received by May 22, 2017. LIMIT ONE (1) MAIL ENTRY PER ENVELOPE.
To be valid, each entry must provide all requested information. Released Parties (as defined below) are not responsible for: lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mailed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award a Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
RELEASE OF LIABILITY AND INDEMNIFICATION: As consideration for entering the Sweepstakes, all Entrants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Emmis Communications Corporation, Emmis Operating Company, Emmis Radio, LLC, the Sponsor, the Administrator, 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 Sweepstakes, 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 Sweepstakes, all Entrants 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 Sweepstakes 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, Sweepstakes Entrant 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, Entrant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Entrant does not know or suspect to exist in Entrant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Entrant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
DRAWING AND NOTIFICATION: The potential Grand Prize Winners will each be selected in a random drawing from among all eligible entries received by the Administrator, whose decisions are final and binding. The Grand Prize drawing will be conducted on or about May 22, 2017. Odds of winning a Grand Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Grand Prize Winners will each be contacted by the Sponsor/Administrator via phone, email, and/or USPS mail.
PRIZES: There will be three (3) Grand Prizes awarded. Each Grand Prize Winner, upon the Administrator’s confirmation of eligibility, will receive a trip for two (2) people to New York, NY (the “Location”) to attend the 2017 Hot 97 Summer Jam (the “Event”). The Grand Prize package includes two (2) roundtrip standard economy airfare tickets from a major commercial airport in the United States, near the Winner’s primary residence and the Location, as determined by Sponsor (Sponsor reserves the right to substitute ground transportation for air transportation if Winner resides within 150 miles of the Location); and standard hotel accommodations for three (3) nights for two (2) people at a hotel to be determined by the Sponsor (room and tax only), and two (2) VIP tickets to the Event.
The Approximate Retail Value (“ARV”) of the each Grand Prize package is $2,700, which will vary depending upon ticket prices, points of departure, and seasonal fluctuation of hotel rates and airfares. Total Prize Pool – $8,100. All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Winners and their respective traveling companions. The Sponsor is not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsor shall not be liable for any loss or damage to baggage and/or personal property. All travel dates are subject to change in Sponsors’ sole discretion. If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. Travel, hotel and other accommodations are subject to availability. Travel companions must be 18 years of age or older at the time of travel (or accompanied by parent/legal guardian). The Grand Prize Winner and traveling companion must travel on same itinerary. The trip must be fully executed between June 16, 2017, and June 19, 2017 or the Grand Prize will be forfeited. Certain blackout dates and material restrictions may apply. Prizes are not exchangeable, transferable, or redeemable for cash. All decisions by Sponsor as to Prize Winners and Prizes are final. No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.
PRIZE CONDITIONS: By accepting a Prize, the Winners agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Grand Prize Winners must each sign and return to the Administrator, within five (5) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. Note: The Affidavit sent to a potential Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. In addition, each Winner will be asked to complete a Consent for use of Testimonial form (optional; Winners do not need to complete in order to accept their Prize). The Prize Winners will each be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winners must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of their Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached within two (2) calendar days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: By entering the Sweepstakes, Entrants agree that i) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any Prizes awarded, shall be resolved individually, without resort to any form of class action; ii) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorney fees and iii) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Ohio, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to 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. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST REQUEST: To request confirmation of the name, city and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by July 10, 2017, to: ASC/RushCard “Summer Jam” Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.
The Prepaid Visa RushCard is issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. and is only available to residents of the United States (except Vermont) with a valid Social Security number. This card can be used everywhere Visa debit cards are accepted. MetaBank and Visa are not the sponsor of this Sweepstakes and has no responsibility for the administration thereof. Card may have fees that reduce winnings. Funds do not expire.
The Sweepstakes is not sponsored by Emmis Operating Company or any of its parents, subsidiaries, or affiliates.