Casino Del Sol's Erin Said, You Would Win Game Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Casino Del Sol’s Erin Said, You Would Win Game (“Game”) begins on December 4, 2017 at or around 10 p.m. Mountain Time (“MT”) and runs until Sponsor announces the termination of the Game on the Game website. The Game will be divided into monthly games (each a “Monthly Game”). Each Monthly Game will begin on the first Monday of the month at or around 10 p.m. MT and end on the first Sunday of the following month at or around 11:59 p.m. MT (“Monthly Game Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Game. All times mentioned in these Official Rules are Mountain Time unless expressly noted otherwise.
Open only to legal U.S. residents who are at least 21 years of age as of date of entry and reside in Arizona. Void wherever prohibited by law and outside the Tucson DMA. Employees of The Gaming Enterprise Division of the Pascua Yaqui Tribe d/b/a Casino Del Sol (“Sponsor”), Scripps Media, Inc. d/b/a KGUN 9 and of their parents, affiliates, and subsidiaries, and of the advertising and promotion agencies, prize suppliers, and any vendors providing services in connection with this Game (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible. To be eligible, you must as of December 4, 2017 own a mobile device capable of sending text messages without incurring an incremental charge. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: To enter, watch the KGUN 9 News at 10 p.m. During a break in the newscast, an animated screen will be shown that will provide the viewer the predicted high temperature for the next day. Viewers will be asked to predict whether the temperature will be higher, lower, or the same as the predicted temperature. Viewers will be directed to enter their temperature prediction via text message as described below. If the viewer believes the high temperature will be the same as the predicted high, the viewer should text the word “stay.” If the viewer believes the high temperature will be higher than the predicted high, the viewer should text the word “higher,” and, if the viewer believes the high temperature will be lower than the predicted high, the viewer should text the word “lower.” The temperature prediction (“stay,” “higher,” “lower”) will be referred to as the “Prediction.” Using the text messaging feature on your cellular telephone, send a text message to (520) 445-4785 with the Prediction in the body of the message. Entrants will be sent a text message to confirm or reject entry into the Game. If your Prediction is correct, you will receive three entries in that Monthly Game. If your Prediction is incorrect, you will receive one entry in that Monthly Game. You must have a valid mobile telephone number and a text messaging two-way capable handset. Message and data rates may apply. Text messaging and wireless services are not available in all areas. Text STOP to stop and HELP for help. If any dispute arises as to the identity of any text entrant, the entrant will be considered the authorized account holder. “Authorized Account Holder” is defined as the natural person who is
assigned a number by the cellular provider or as shown on the cellular provider’s records or the natural person authorized to use the number by an entity that is shown on the cellular provider’s records for that number. Only entries to the designated number and containing a Prediction will be eligible. Entries must be received by 11:59 p.m. on the date the temperature is displayed to be eligible. Sponsor reserves the right in its sole discretion to disqualify any entry at any time that in Sponsor’s opinion does not comply with these Official Rules. By entering, entrants agree to be bound by and comply with these Official Rules. Limit one Prediction per person, per day. Entries in excess of this limit will be disqualified if discovered by Sponsor. Sponsor is not responsible for lost, incomplete, damaged, illegible, late, or misdirected entries, or for errors in mechanical transmission, unavailability of phone lines or connections, cellular phone service, or any other technical malfunctions or inability to transmit messages or entries. Sponsor reserves the right to delay the announcement of the Game if breaking news or other unanticipated events prevent the Game announcement from occurring as scheduled. If such changes occur, they will be posted on casinodelsol.com.
WINNER SELECTION: One Grand Prize winner and nine First Prize winners will be selected for each Monthly Game by random drawing from all eligible entries received for that Monthly Game. Each drawing will be held after the close of the entry period for each Monthly Game, and the winner will be announced on or about the first Tuesday of each month. Entries will not carry over from one drawing to another. Decisions of Sponsor are final on all matters. Limit one prize per person and per household address per Monthly Game. Odds of winning will depend upon the number of eligible entries for each drawing.
WINNER NOTIFICATION AND RELEASES: On the first business day after each drawing, Sponsor will attempt to notify the potential winners via telephone. If a potential winner: (a) does not respond after the first attempted contact from Sponsor within 48 hours of being called, (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and the prize awarded to an alternate winner as determined by random draw from the remaining eligible entries for that drawing. Sponsor will conduct up to two alternate drawings for the prize, time permitting. The potential prize winner may be required to provide confirmation that he or she is the owner of the relevant email address. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID before claiming the prize or being allowed to participate in any prize activities. All forms must be completed before receipt of any prize if prizes are picked up in person.
PRIZES: There are 10 prizes per Monthly Game, one Grand Prize and nine First Prizes. The Grand Prize is $1,000 in free play at Casino Del Sol. Each First Prize is $100 in free play at Casino Del Sol. Free play subject to terms and conditions imposed by Sponsor. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. All properly claimed prizes will be awarded, but under no circumstances will more than the
advertised number of prizes be awarded. Prizes are awarded “AS IS.” Winner must pick up his or her prize at Casino Del Sol within 10 days of notification by Casino Del Sol.
Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner, including without limitation, all federal, state and local income, sales and use taxes (if any), or any other taxes, fees, and surcharges, gratuities, tips, transportation, parking, souvenirs, concessions, upgrades, personal items, and incidentals. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
PUBLICITY AND MARKETING: Submission of an entry in the Game constitutes permission to the Sponsor to use entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade in connection with the Game, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Game, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Game or any Game-related activities (including, without limitation, any Show attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Game; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Game; acceptance, possession, misuse or use of any prize or participation in any Game-related activity or participation in this Game; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Game.
OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Game, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Game whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the Game or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Game; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Game as determined by Sponsor, in its sole discretion. If Sponsor terminates the Game, Sponsor will pick the winners for the Monthly Game in progress at the time of cancellation in a random drawing from among all eligible, non-suspect entries
received for that Monthly Game as of the termination time and will post notice of its action on Sponsor’s website and announce the termination on air. Sponsor reserves the right to disqualify any individual from further participation in the Game if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Game; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Game; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Game, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GAME, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS GAME, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Game will 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 or provisions (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Arizona. The state and federal courts located in Arizona will be the exclusive forum for any dispute relating to these Official Rules and/or this Game. All participants and winners agree, by their participation in the Game, to submit to the personal jurisdiction of the state and federal courts in Arizona and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: For the winner names for each Monthly Game, available five days after the end of each Monthly Game, send a self-addressed, stamped envelope to: Erin Said, You Would Win Game, Winners List, Casino Del Sol, 5655 W. Valencia Road, Tucson, AZ 85757 to be received within 60 days after the end of each Monthly Game.
SPONSOR: The Gaming Enterprise Division of the Pascua Yaqui Tribe d/b/a Casino Del Sol, 5655 W. Valencia Road, Tucson, AZ 85757. Scripps Media, Inc. d/b/a KGUN 9 is not a Sponsor of this Game.
Must be 21 or older to gamble. Know when to stop before you start. Gambling problem? Call 800-522-4700.