I. NAME OF SPONSOR(S)
New York AM Radio LLC, (WEPN-FM) (Hereinafter collectively referred to as "Sponsor") 125 West End Avenue, New York, NY 10023.
Just Born Inc., 1300 Stefko Blvd, Bethlehem, PA 18017 ("Sponsor").
This Promotion is in no way sponsored, administered, produced or executed by any MLB Entity, including New York Yankees Partnership.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
Only open to legal U.S. residents, who are 18 years of age or older as of April 30, 2018 and reside in the WEPN-FM radio station's listening area, which covers the New York City tri-state area (NY, NJ and CT), except where prohibited by law. Employees, officers, directors and agents of the MLB Entities, Just Born Inc., the Station, each of their respective corporate affiliates, 'advertising and promotional agencies, participating sponsors, prize suppliers, and affiliates (collectively, the "Promotion Entities") and other radio stations in the New York City metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. The "MLB Entities" shall mean the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. ("MLBAM" or "MLB.com"), Major League Baseball Properties, Inc., BAMTech LLC, The MLB Network, LLC, the Major League Baseball Clubs ("Clubs"), each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities. Void outside the Territories listed above and where prohibited or restricted by law, rule or regulation. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
III. HOW AND WHEN TO ENTER
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE'S CHANCES OF WINNING. VOID WHERE PROHIBITED.
The GOLDENBERG'S® PEANUT CHEWS® New York Yankees Sweepstakes (the "Sweepstakes") begins on or about April 30th , 2018 at 3:00 pm Eastern Time ("ET") and ends on May 25th, 2018 at 7:00 PM ET (the "Sweepstakes Period").
To Enter: There will be a "GOLDENBERG'S® PEANUT CHEWS® New York Yankees Trivia" cue to call announced (the "Announcement") during The Michael Kay Show, weekdays between 3pm and 6 pm ET starting April 30th, 2018.
Round One to Round Four: Each weekday starting April 30th, 2018 thru May 25th, 2018, entrants should listen for the Announcement and call in accordance with the Announcement instructions. Callers will be queued in the order received. The first entrant calling in accordance with the Announcement instructions will be given an opportunity to answer a trivia question. If that caller answers correctly, they will be the Qualifying Winner for the day. If the caller answers incorrectly, they will be disqualified and the next caller in the queue will be given an opportunity to answer the same trivia question. If the second caller answers correctly, that person will be the Qualifying Winner for the day. If that person answers incorrectly, entrants in the queue will be given an opportunity to anwer the question until a correct answer is received and a Qualifying Winner is selected for that day. A total of (5) Qualifying Winners will be selected in each weekly Round to be eligible for entry to a random drawing of the weekly grand prize at the end of the week (Week 1 to Week 3) or the ultimate grand prize at the end of the Sweepstakes Period (Week 4). See details below. If no Qualifying winner is determined by 7 pm each weekday, or if potential Winner(s) are found to be ineligible or otherwise not in compliance with these Official Rules, the prize will be forfeited and potential Winners will be disqualified without compensation of any kind until an alternate winner is determined by a random drawing (time permitting) from remaining calls received. No more than the stated number of prizes will be awarded. Sponsor at its own discretion, may elect to hold a random drawing from among all elligibile entries received up to the date of discontinuance for any or all of the prizes offered herein.
Limit (1) entry per person/email address/phone number during Sweepstakes Period. Odds of winning a prize depends on total number of eligible entries received during the Sweepstakes Period.
Only calls to the specified phone number can win. Sponsor is not responsible for inability of caller to complete call within specified time, whether due to busy lines, disconnections, telephone malfunctions or other circumstances.
Sponsor is not responsible for "Keywords" not received. Sponsor is not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the sweepstakes. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any Web-site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this sweepstakes.
IV. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED
Round One to Four: Five (5) Qualifying Winners who correctly answer a trivia question in accordance with the details above will be notified at the time of the call. Qualifying Winners must provide a phone number, email address and mailing address to be used for notification purposes and/or prize fulfillment.
Grand Prize Winners
Week 1 to 3: At the end of each Week, a Grand Prize Winner will be randomly selected from the five (5) Qualifying Winners of that weekly Round: Resulting in three (3) Grand Prize Winners
Week 4: One (1) Ultimate Grand Prize winner will be selected by random drawing from the five (5) Qualifying Winners for Week 4 as well as the remaining Qualifying Winners from Weeks 1 through 3 that did not win a Grand Prize.
All Qualifying Winners and Grand Prize Winners will be announced on-air on the following dates:
Qualifying & Grand Prize Winner Announcement Dates & Times:
Round One: Qualifying Prize
Monday April 30th, 2018 - Friday May 4th, 2018 (3p-6p)
Week 1: Grand Prize
Friday May 4th, 2018 at 6pm
Round Two: Qualifying Prize
Monday May 7th , 2018 - Friday May 11th, 2018 (3p-6p)
Week 2: Grand Prize
Friday May 11th, 2018 at 6pm
Round Three: Qualifying Prize
Monday May 14th , 2018 - Friday May 18th, 2018 (3p-6p)
Week 3: Grand Prize
Friday May 18th, 2018 at 6pm
Round Four: Qualifying Prize
Monday May 21st , 2018 - Friday May 25th, 2018 (3p-6p)
Week 4: Ultimate Grand Prize
Friday May 25th, 2018 at 6pm
Following the on-air announcement of the potential Grand Prize Winners, Grand Prize Winners will be notified at the phone number and/or email address provided at the time of qualification. Potential Grand Prize Winners must respond to the phone number or email provided by Sponsor within 48 hours. Potential Grand Prize Winners must return completed verification documents and releases within 72 hours.
In the event winner is deemed ineligible, fails to comply with Sweepstakes procedures, or is not available to claim prize during specified times/dates, then an alternate winner will be selected at random, time permitting from the same entry pool as the original entry was selected.
Qualifying Prize winners may win one (1) prize or more for the duration of the Sweepstakes, but only one (1) Qualifying Prize per person for the duration of the Sweepstakes. People who have won any other prizes in a WEPN-FM Sweepstakes or contest within 90 days of entry are not eligible to enter this Sweepstakes.
Final determination of winners is always conditional on verification of eligibility and compliance with all rules and procedures.
Rounds One to Four: (5) Qualifying Winners per Round: Qualifier Prizes:
Twenty (20) Qualifying Winners will each receive a GOLDENBERG'S® PEANUT CHEWS® Prize Pack valued at $60.00.
Week 1 to 3: WEEKLY GRAND PRIZE:
Three (3) Weekly Grand Prize winners will be awarded a GOLDENBERG'S® PEANUT CHEWS® New York Yankees Experience.
- Week 1 Prize: Watch Batting Practice for two (2) on Sunday, August 12th, 2018 and two (2) tickets to the New York Yankees game following the experience valued at $1500.00.
- Week 2 Prize: Alumni Lunch/Dinner for eight (8) on Saturday, July 28th, 2018 and eight (8) tickets to the New York Yankees game following the experience valued at $3500.00.
- Week 3 Prize: Monument Park Tour for four (4) on Saturday July 28th, 2018 and four (4) tickets to the New York Yankess game following the experience valued at $800.
- Week 4: ULTIMATE GRAND PRIZE: One (1) Prize will be awarded, which shall consist of one (1) twenty-two (22) person luxury suite (including, tickets and food & non-alcoholic beverages customarily provided in the luxury suite during the Game) for the Winner and up to twenty-one (21) guests for the New York Yankees home game scheduled to be played on Saturday, September 15, 2018 (the "Game"), at Yankees Stadium ("Prize"). Approximate Retail Value ("ARV") of the Prize is $10,000.00. The Winner will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Prize. The Prize is Prize issubject to availability. Sponsor is not responsible for cancellation or for other circumstances that make it impractical or impossible to fulfill these elements of the prize. If it becomes impractical or impossible to fulfill the elements of the prize that have no approximate retail value, Sponsor's only obligation will be to provide the remainder of prize.Tickets valid only on the date(s) printed on the tickets. Tickets are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will tickets be replaced if lost or stolen. Tickets may not be sold to a third party. If a Game is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, Sponsor's sole responsibility to the Winner will be to award the remaining available elements of the Prize and no substitution or compensation will be provided for the unawarded elements of the Prize. TRANSPORTATION TO/FROM THE GAME AND LODGING NOT INCLUDED. Seat locations at the Game shall be determined in the sole discretion of Sponsor. Winner's guest(s) must each be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the Game tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue, as applicable, regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the Winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Promotion Entities will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as Prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s)..
In the event a traveler and/or his or her travel companions engage in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner and travel companion home with no further compensation.
Approximate retail value ("ARV") of Qualifying Prize: $60. Actual final value of the Prize may vary depending upon the prize given, and, under no circumstances will total Qualifying Prize Value exceed $1200.00
Approximate retail value ("ARV") of Weekly Grand Prizes (weeks 1-3): The value of each Weekly Grand Prize ranges from $800.00 to $3500. Actual final value of each Grand Prize may vary depending upon the prize given, and, under no circumstances will total Grand Prize Value exceed $5800.00.
Approximate retail value ("ARV") of Ultimate Grand Prize: $10,000.00. Actual final value of the Ultimate Grand Prize may vary depending upon the prize given, and, under no circumstances will total Ultimate Grand Prize Value exceed $10,000.00
All expenses not specifically provided for herein are the winner's sole responsibility. Some restrictions may apply.
Prize is not transferable, except it is transferable to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. Sponsor will not replace any lost, mutilated or stolen tickets, certificates or prizes. Prize elements may not be separated or exchanged. Prize cannot be used in conjunction with any other promotion or offer. The prize winners shall be solely responsible for any applicable federal, state, provincial, local taxes and/or local laws and regulations, and the reporting consequences thereof, and for any other fees or costs associated with the prizes. Winner will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more and must submit a validly executed IRS Form W-9 to claim prize.
The ARV's of all prizes are furnished by the prize suppliers.
By participating, entrants agree to be bound by these official rules and the decisions of the Sponsor/Judges and the sweepstakes administrator, which shall be final in all respects.
By participating in this sweepstakes and/or accepting any prize that they may win, entrants agree to release, Just Born, Inc., New York AM Radio LLC, (WEPN-FM), The New York Yankees Partnership, The Michael Kay show, and each of their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, and Facebook (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in the sweepstakes and/or acceptance or use of the prize.
Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, in any media now known or hereafter created or conceived, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation.
To claim prize winner must: (a) provide proof of winner's age, residency, and legal status; (b) sign and return eligibility, publicity, liability, rules compliance and any other releases requested by Sponsor; and (c) have winner's parent or legal guardian, if winner is a minor, sign and return releases requested by Sponsor; all within the time period(s) specified by Sponsor.
In consideration of Just Born's acceptance of entrant's entry, entrant agrees to indemnify, defend and hold Just Born, the New York Yankees Partnership, the MLB Entities and each of their respective parent companies, subsidiaries, related and/or affiliated companies, divisions, agents, employees, successors, heirs and all judges of the Sweepstakes harmless from and against any and all liability, claims or losses for its/their actions arising from, or related to, the judging and handling of entrant's entry, the use and/or publication of the entry and the conducting, advertising and sponsoring of this Sweepstakes. Just Born, the New York Yankees Parnership, the MLB Entities and each of their respective officers, directors, employees, representatives and agents shall have no liability and shall be held harmless by participants for any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prizes (or any portion thereof) or participation in this Contest. Just Born, the New York Yankees Partnership and the MLB Entities make no warranties, express or implied, relative to the use or enjoyment of any prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. Just Born is not responsible for: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) any malfunction of entrant's computer, telephone or cable transmission or hardware/software malfunction.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: Entrant (or his/her parent/legal guardian, if entrant is deemed a minor in the state of his/her residence) agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, other than those concerning the administration of the Sweepstakes or the determination of winner, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of prizes) shall be submitted to final, binding arbitration conducted in New York, New York under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. Either party may enforce a final arbitration award in any court of competent jurisdiction in New York, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of New York. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Pennsylvania for losses or injuries related to participation in the prize.; (iii) 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' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
VII. MISCELLANEOUS; WINNERS' LIST
Void where prohibited. All federal, state and local laws and regulations apply.
Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the sweepstakes in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the sweepstakes as originally planned.
These rule will be posted on http://espnnewyork.com/radio for at least 30 days after winners are finally determined. For a list of winners, send a self-addressed, stamped envelope to ESPN New York- GOLDENBERG'S® PEANUT CHEWS® New York Yankees Sweepstakes, WEPN-FM, 125 West End Avenue, New York, NY 10023 within 60 days after Sweepstakes end date.