PRODIGAL HOCKEY, LLC DBA OKLAHOMA CITY BARONS
2013-14 “DRIVE AWAY EVERY SATURDAY” SWEEPSTAKES
These are the Official Rules for the “Drive Away Every Saturday” Sweepstakes (the “Sweepstakes”). One automobile will be given away at every Saturday night home game during the regular season (the “Giveaway”).
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
2. The Sweepstakes begins September 20, 2013 at midnight Central Standard Time and ends on April 20, 2014 at midnight Central Standard Time. A total of fifteen (15) automobiles will be given away.
3. Sweepstakes open only to residents of Oklahoma eighteen (18) years of age or older, except employees and immediate family members (spouse, parents, siblings, and children) of Tyler Media, Local TV Oklahoma, LLC dba KFOR-TV & KAUT-TV, Oklahoma Temporary Services, Inc. dba Express Employment Professionals, and Tierra Media, Inc. dba the Oklahoma City Gazette (collectively, the “Sponsors”), their advertising agencies, SMG, Prodigal Hockey, LLC dba Oklahoma City Barons (the “Promoter”), and each of their respective parent companies, subsidiaries, affiliates, directors, officers, managers, shareholders, members, owners, employees and agents, or any other company engaged in the development, production or distribution of this Sweepstakes. Volunteers, independent contractors, agents and other full or part time employees of the Promoter are ineligible to participate in the Sweepstakes. Members of the Baron’s Booster Club and persons having temporary employment placement through Express Employment Professionals with other companies not otherwise excepted are eligible to participate in the Sweepstakes.
4. Participants are eligible to enter all fifteen (15) automobile Giveaways. Once a participant is selected as a “Finalist” for any Giveaway, he or she is no longer eligible to enter during the remainder of the Sweepstakes. All entries not selected will be removed immediately following each Giveaway.
5. Participants may enter the Sweepstakes by any of all of the following methods: a. Listen to Tyler Media radio stations and participate in on-air or online Sweepstakes;
b. Watch Freedom 43 TV (KAUT) & News Channel 4 (KFOR) and participate in online entry methods;
c. Visit www.expresspros.com and enter online via Express Employment Professionals’ Facebook page;
d. Read the Oklahoma City Gazette and participate in print and online Sweepstakes;
e. Visit OKCBarons.com/Car to register online;
f. Enter contests on Oklahoma City Barons Facebook and Twitter pages;
g. Register at various events throughout Oklahoma where Oklahoma City Barons will have representatives. Various events will be held from time to time and dates and times for such events can be obtained by contacting the Oklahoma City Barons;
h. Register at the Customer Relations table on the arena concourse or at other locations (to be determined from time to time) on the arena concourse;
i. Watch the Oklahoma City Barons; season seat holders are automatically entered based on the data provided when they purchased their season seats and game attendees may be selected at random; and
j. Enter to win by putting your name in the drawing in front of Cox Convention Center on game nights.
6. No fewer than twenty (20) and no more than fifty (50) participants will be selected as Semi-Finalists for each Giveaway. Semi-Finalists will be determined by the following methods: a. A total of up to fifteen (15) Semi-Finalists (approximately two (2) from each Sponsor), will be selected from entries described in Sections 5(a), (b), (c), and (d);
b. A total of up to fifteen (15) Semi-Finalists may be selected from entries described in Sections 5(e), (f), (g) and (i); and
c. A total of up to twenty (20) Semi-Finalists will be selected from the crowd at the game selected from entries described in Sections 5(h) and (j).
7. Semi-Finalists selected prior to game night will be notified by phone or e-mail within three (3) days prior to the respective Giveaway. In the event a Semi-Finalist cannot be contacted, fails to respond by phone or email within twenty-four (24) hours of being contacted, or declines his or her Semi-Finalist position by phone or email, another Semi-Finalist may be selected in his or her place.
8. Semi-Finalists selected prior to game night from entries described in Sections 5(a), (b), (c), (d), (e), (f), and (g) will not be eligible to enter any contests onsite at the game described in Sections 5(h), (i) and (j). Should a Semi-Finalist be selected twice, he or she shall forfeit the second Semi-Finalist position and the Promoter may select another Semi-Finalist in his or her place.
9. Semi-Finalists must be present for the Giveaway in order to win. Each Semi-Finalist selected prior to game night will be awarded a free ticket to the game in order to participate in the Giveaway. Semi-Finalists selected in any onsite contest will be awarded a free ticket to a future game. In the event a notified Semi-Finalist fails to timely report to the Giveaway as instructed, another Semi-Finalist may be selected in his or her place. In the event that a Semi-Finalist timely reports to the Giveaway and cannot meet the participation requirements for any reason, another Semi-Finalist may be selected in his or her place. At the time Semi-Finalists report to the Giveaway, the Promoter shall have the right to disqualify and/or replace any Semi-Finalist deemed, based on the sole judgment of the Promoter, unable to participate for any reason including, but not limited to, intoxication, injury, or other condition or status that could make participation dangerous, unpleasant or
uncomfortable for the disqualified Semi-Finalist or any other participants, Promoters, spectators or other persons.
10. Semi-Finalists will compete on the ice in a game of chance in which up to twenty (20) Finalists will be selected. Up to twenty (20) Finalists will be selected from the Semi-Finalists. One (1) “Winner” will be selected from the Finalists at each Giveaway and an automobile will be awarded to such Winner on the ice at the Oklahoma City Barons’ facilities in the Cox Convention Center. For specific Giveaway descriptions, see the attached Exhibit “A”. Although the Promoter intends to follow the game schedule as set forth on Exhibit “A”, the Promoter may change the games at any time for any reason in its sole discretion. The Promoter shall provide an “Official Judge” for each Giveaway. The Promoter shall have the sole authority to select the Official Judge and may remove, change or substitute the Official Judge at any time. All decisions of the Official Judge are final.
11. Each participant’s odds of winning are dependent upon the number of participant’s entries and the number of official entries received as of the deadline for each drawing (i.e. the odds of winning each automobile are the participant’s total number of entries during each Giveaway out of the total number of participants that have entered by the various means available through all Sponsors as described in Section 5). Each Semi-Finalist’s odds of winning are dependent upon the number of Semi-Finalists selected for that Giveaway (i.e. the odds of winning each automobile are one (1) out of the total number of Semi-Finalists selected as described in Section 6). Each Finalist’s odds of winning are one (1) out of twenty (20).
12. Winners will receive a new automobile. The make and model of each automobile is to be determined in the sole discretion of the Promoter but shall be valued between approximately fifteen thousand dollars ($15,000.00) and forty thousand dollars ($40,000.00). Any automobile not claimed by the Winner will be forfeited. The Promoter has no obligation to award the automobile to an alternate Finalist.
13. Automobiles are not transferable to any other person, including relatives or friends. No substitutes or exchanges (including for cash) of automobiles will be permitted, except that the Promoter reserves the right to substitute an automobile of equal or greater value for each Giveaway.
14. AUTOMOBILES, INCLUDING ANY SUBSTITUTED AUTOMOBILES, SHALL BE AWARDED “AS IS” AND “WITHOUT WARRANTY OF ANY KIND”, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. WINNERS ARE RESPONSIBLE FOR PAYMENT OF ALL FEDERAL, STATE AND LOCAL TAXES INCLUDING, BUT NOT LIMITED TO, TAGS, TITLE, LICENSE AND REGISTRATION FEES ON THE PRIZES AWARDED. DEPENDING ON THE VALUE OF THE AUTOMOBILE AWARDED, THE APPLICABLE FEDERAL, STATE AND LOCAL TAXES TO BE BORNE BY THE WINNER MAY BE SUBSTANTIAL. Winners will be given a Form 1099-MISC and the value of the automobile will be reported by the Promoter as taxable income to each Winner.
16. WINNERS ARE RESPONSIBLE FOR PAYMENT OF ALL NECESSARY INSURANCE COVERAGE FOR THE AUTOMOBILES AND SHALL MAINTAIN SUCH COVERAGE AS REQUIRED BY APPLICABLE STATE LAWS. IN NO EVENT SHALL PROMOTER OR SPONSORS OR ANY ASSOCIATED ENTITY BE RESPONSIBLE TO PROVIDE ANY FORM OF INSURANCE FOR THE AUTOMOBILE.
17. Winner shall comply with all applicable federal, state and local laws.
18. Winner shall keep the automobile wrapped in Oklahoma City Barons advertisements for one (1) calendar year after taking possession. Promoter shall have the right to inspect the automobile’s wrapping at any time, with or without notice to the Winner for the one (1) year calendar period. If the wrap is damaged, the Winner must repair at his or her personal expense unless the automobile is in an accident and determined to be a total loss, in which case the Winner shall not be obligated to maintain the wrap. Winner agrees not to sell the automobile within the one (1) year calendar period. The Oklahoma City Barons will pay for removal of the wrap after the one (1) year calendar period if the Winner wishes to remove it at such time. The Promoter is not responsible for any damage, if any, the wrap may have caused to the automobile during the time period in which it was on the automobile or as a result of the wrap’s removal from the automobile.
19. The Promoter will provide a check made out to the Oklahoma Tax Commission for the purchase of a Baron’s specialty license plate for the automobile. The Winner shall keep the specialty plate on the automobile for one (1) year calendar period. Winner is responsible for all other registration and fees associated with licensing and registration of the automobile.
20. As a condition of being awarded the automobile, the Winner will be required to execute and deliver to the Promoter a signed and notarized Affidavit of Eligibility and Liability and Publicity Release (the “Affidavit”). The Promoter must receive the signed and notarized Affidavit not less than forty-eight (48) hours after, but within seven (7) days of, the Giveaway. Failure to do so will result in forfeiture of the automobile.
21. By entering the Sweepstakes, and in consideration for being awarded the automobile, the Winner understands that the Promoter, Sponsors, and all parent companies, subsidiaries, affiliates, directors, officers, managers, shareholders, members, owners, employees and agents, its advertising and promotional agencies, or any other company engaged in the development, production, distribution or sponsorship of this Sweepstakes shall have the right to use the winner’s voice, name, image, likeness, actions, statements and photograph for advertising and promotional purposes without further authorization, compensation, remuneration or notification.
22. By entering the Sweepstakes, the entrant releases Promoter, Sponsors, and all parent companies, subsidiaries, affiliates, directors, officers, managers, shareholders, members, owners, employees and agents, its advertising and promotional agencies, or any other company engaged in the development, production, distribution or sponsorship of this Sweepstakes from any liability whatsoever and waives any and all causes of action related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Sweepstakes or the delivery, misdelivery, acceptance, possession, use of or inability to use the automobile (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity, privacy or defamation, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
23. Neither the Promoter, Sponsors, and all parent companies, subsidiaries, affiliates, directors, officers, managers, shareholders, members, owners, employees and agents, its advertising and promotional agencies, nor any other company engaged in the development, production, distribution or sponsorship of this Sweepstakes will be responsible for: (a) any late, lost, misrouted or damaged entries; (b) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of the Promoter; or (c) any printing or typographical errors in any materials associated with the Sweepstakes.
24. The Promoter, Sponsors, and all parent companies, subsidiaries, affiliates, directors, officers, managers, shareholders, members, owners, employees and agents, its advertising and promotional agencies, or any other company engaged in the development, production, distribution or sponsorship of this Sweepstakes accept no responsibility for lost, late, illegible, stolen, misdirected, postage due or mutilated entries.
25. This Sweepstakes is void where prohibited. This Sweepstakes is only available to residents of Oklahoma.
26. By entering the Sweepstakes, the participant agrees to be bound by these Official Rules and by the decisions of the Promoter and Sponsors, which are final and binding in all respects, and expressly authorizes the Promoter and Sponsors to contact the participant. The Promoter and Sponsors reserve the right to change these Official Rules at any time, in their sole discretion, and to suspend or cancel the Sweepstakes or any participant's participation in the Sweepstakes should causes beyond their control affect the administration, security or proper play of the Sweepstakes or if the Promoter or Sponsors are, or otherwise become (as determined in the Promoter’s sole discretion) incapable of running the Sweepstakes as planned.
27. The Promoter and Sponsors reserve the right at their sole discretion to disqualify any individual who tampers with the entry process. The Promoter and Sponsors further reserve the right to cancel, terminate or modify this Sweepstakes if it is not capable of completion as planned by reasons of computer virus, bugs, tampering, unauthorized intervention or technology failures of any sort.
28. All decisions of the Promoter and Sponsors are final. All entries submitted become the property of the Promoter and Sponsors will not be acknowledged or returned.
29. As a condition of participating in this Sweepstakes, the participant agrees that any and all disputes which cannot be resolved between the parties, and any and all causes of action arising out of or connected with this Sweepstakes, shall be resolved individually without resort to any form of class action, exclusively before a court located in the City of Oklahoma City, Oklahoma having competent jurisdiction, which Court shall apply the laws of the State of Oklahoma without regards for doctrines of conflicts of laws. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or decreased.
“DRIVE AWAY EVERY SATURDAY” SWEEPSTAKES PROMOTER
Prodigal Hockey, LLC dba Oklahoma City Barons
405-232-4625 (ex. 1131)
615 N. Hudson, Suite 100
Oklahoma City, OK 73102
“DRIVE AWAY EVERY SATURDAY” SWEEPSTAKES SPONSORS
Tyler Media 405-478-5104 400 East Britton Rd OKC, OK 73114 email@example.com
Local TV Oklahoma, LLC dba KFOR-TV & KAUT-TV
405-478-6260 444 East Britton Rd OKC, OK 73114 firstname.lastname@example.org
Oklahoma Temporary Services, Inc.
dba Express Employment Professionals 405-717-8347
6300 NW Expressway OKC, OK 73132
Tierra Media, Inc.
dba the Oklahoma City Gazette 405-605-6722
3701 N Shartel Ave OKC, OK 73118 email@example.com
October 5, 2013 & January 18, 2014 “HOTKEYS Drive Away” Boxes will be dropped from the rafters by riggers. Each contestant will be allowed to pick up one box. Contestants will open their boxes simultaneously. The contestant who finds the box containing the car key will be the Winner.
September 27, 2013 & November 16, 2013 “PLINKO Drive Away” Finalists will each be given a puck to drop from the top of the Plinko board with numbered slots along the bottom. Finalists will each draw a number, a puck will be dropped, and will land in one of the numbered slots. The Finalist with the corresponding number is the Winner.
October 19, 2013 & March 1, 2014 “Bingo Drive Away” Finalists will each be given a bingo card and a host with a bingo tombola will call numbers. The first Finalist to fill his or her card is the Winner.
December 21, 2013 & February 15, 2014 “Open the Box/Express Drive Away” Finalists will each be given an envelope containing a number that corresponds with a wrapped box containing a ticket. The Finalist who opens the box containing the golden ticket is the Winner.
January 4, 2014 & March 15, 2014 “Roulette Drive Away” Finalists will each be given an envelope containing a number that corresponds with a number on a roulette table floor banner. A spinner wheel will be spun and the Finalist with the winning number is the Winner.
November 2, 2013 & April 19, 2014 “Roll the Dice Drive Away” Finalists will each be given two (2) dice in a tumbler. Every Finalist will roll his or her dice and the Finalist with the highest total number is the Winner of the automobile. In the event of a tie, only the Finalists with the tied highest totals will roll again. This process will be repeated, and only the Finalists with the tied highest totals remain and roll again until a single Finalist has the highest total; such Finalist is the Winner.
November 30, 2013 & January 11, 2014“Black Jack Drive Away” Finalist will be given two (2) playing cards. The Finalist with the highest score of the two cards added together wins. Aces are high. In the event of a tie, only the Finalists with the tied highest totals will be given two (2) playing cards again. This process will be repeated, and only the Finalists with the tied highest totals remain and are dealt two (2) playing cards until a single Finalist has the highest total; such Finalist is the Winner.
April 5, 2014 “A Whistle Away Drive Away”. Contestant will be given one box. Each box contains a whistle. One whistle will function properly while the other nineteen will make no sound when blown. On the host’s mark contestants will open their box and attempt to blow their whistle. The contestant whose whistle makes a whistling sound is the Winner.