Promotion Name: Kellogg’s™ Pop-Tarts™ Crazy Good Holiday (the “Promotion”)
Station: Participating Stations – see appendix A (the “Station”)
Station Address: 32 Avenue of the Americas, 3rd Floor, New York, NY 10013
Telephone: 212-377-7700
Sponsor: Kellogg Company, One Kellogg Square, Battle Creek, MI 49016 (the “Sponsor”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. This Promotion is open only to individuals ("Entrants") who are legal residents of the fifty (50) United States and the District of Columbia who are at least 13 years of age at the time of entry and who did not purchase any products, services or equipment for the purposes of entering this Promotion. If Entrant has not reached the age of majority in his/her primary state of residence at the time of entry into the Promotion (19 years old if a resident of Alabama or Nebraska, 21 years old if a resident of Mississippi, and 18 years old in all other states), then Entrant must obtain Parental Consent in order to be eligible to enter the Promotion. Parental Consent occurs when the parent or legal guardian of a minor entrant between the age of 13 and the age of legal majority in the state of entrant’s residence grants permission for the Entrant to participate and agrees on behalf of himself/herself and the minor entrant to these Official Rules. If you are not a permanent resident of the United States, you are not the required age as of time of entry or you have not obtained Parental Consent (if required), you are not eligible to participate in this Promotion or to win a prize. Void where prohibited or restricted by law. Odds of winning depend upon the number of eligible entries received during the Promotion Period. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Clear Channel Broadcasting, Inc., its subsidiaries, affiliated companies and divisions to include individual Stations, iHeartRadio and Clear Channel Media+ Entertainment (collectively, the “Company”), will conduct its promotional prize Promotions substantially as described in the official Promotion rules, and by participating, each participant and if participant is a minor in their principal state of residence participant’s parent or legal guardian, agree: (a) to be bound by these Official Rules and by the interpretations of these Official Rules by the Company and by the decisions of the Company, which are final in all matters relating to the Promotion; (b) to release and hold harmless the Released Parties as defined herein against any and all claims, injury or damage arising out of or relating to participation in this Promotion and/or use or misuse or redemption of a Prize (including any travel or activity related thereto); and (c) acknowledge compliance with these Official Rules and agrees as follows:
The Company may from time to time conduct promotions concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a promotion as announced on the affected station. Participating stations are listed above or for a list of participating stations, please visit the offices of this Station during normal business hours.
The Promotion is administered by the Company (“Administrator”) and any questions, comments or complaints regarding the Promotion must be directed to the Promotion administrator and not to Facebook. This Promotion is not sponsored, endorsed or administered by Facebook, nor is Facebook associated with the Promotion in any way. Entrant(s), and if Entrant is a minor in their principal state of residence Entrant’s parent or legal guardian, acknowledges and understands that the information they are providing is not collected by Facebook and any information provided will be collected individually by the Sponsor and Administrator. The information provided to the Administrator will be used for administering the Promotion and in accordance with Clear Channel privacy practices found here. The Company together with any Promotion sponsor(s), promotional partner(s), administrator and third party prize fulfillment service are herein collectively referred to as the Promotion Entities.
- Description of Promotion/Participation.
A. Dates of Promotion: Promotion will begin Wednesday, November 7, 2012 and end on November 26, 2012, when the winner will be selected. (“Promotion Period"). The registration period will begin November 7, 2012 at 8:00AM EDT and end November 24, 2012 at 11:59PM EDT the (“Registration Period"). Administrator’s computer is the official time-keeping device for this Promotion.
ENTRY INTO THIS PROMOTION CONSTITUTES AGREEMENT TO ABIDE BY THESE OFFICIAL RULES.
You must have a Facebook account to enter or participate. If you are not already a member, you may sign up at Facebook.com. Sign into your account to submit a Promotion entry. You are encouraged to update your profile information on your account to ensure it is current and so you can be contacted if you win. Entry and membership is subject to Facebook Terms and Conditions provided on the website. Entrant agrees and acknowledges that the Promotion is administered using a third party application to enter the Promotion.
B. How to Enter: During the Registration Period, register for the Promotion by visiting the Sponsor’s official Facebook page at http://www.facebook.com/kelloggspoptarts (the Website”) “like” the page and access the Promotion tab (the “App”) to complete and submit the online form as instructed. Entry must be made through the application on the Promotion tab of the Sponsor’s official page on Facebook for entry to be valid. By entering this Promotion, you agree and if participant is a minor in their principal state of residence participant’s parent or legal guardian, agree that any entry information submitted will be collected and shared with the Administrator. By registering at the entry site and entering the Promotion, entrants further agree to abide by and be bound by Facebook Inc.’s Privacy Policy and Terms of Use, if you do not agree to the Facebook Privacy Policy and Terms of Use, do not enter the Promotion or otherwise use the Website. To learn more about the Facebook Terms of Use and Privacy Policy you may visit the following links at http://www.facebook.com/#!/about/privacy/ and http://www.facebook.com/terms.php?ref=pf ; If you agree, or if entrant is a minor in their principal state of residence entrant’s parent or legal guardian, agrees with the entry terms and Facebook’s terms of use you can proceed by selecting the application tab to advance to the authorization page, authorizing the Promotion Entities to obtain entrant’s profile information and/or other content in order to participate in the Promotion. Follow the links and instructions to complete and submit the registration form including a valid home address (P.O. Boxes are not permitted) and acknowledging that you have Parental Consent (if required) and you automatically will receive one (1) entry into the Promotion. If you don’t already "like" the Sponsors’ official Facebook page, you must first click on the "like" button on the registration page before you can access the entry tab in order to participate. After you have liked the page you will be able to submit the registration form and have access to the Promotion tab to enter accordingly. Deadline for registration is 11:59 p.m. EDT on November 24, 2012. Valid entries must contain all information requested. All potential winners are subject to verification before any prize will be awarded. Entry is limited to one entry per person for the duration of the promotion.
Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. The Promotion Entities are not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Promotion Entities are not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Promotion and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Promotion. Entries must contain all information requested, an acknowledgment of Parental Consent (if required) and must be received on or before the deadline for registration to be considered valid. Entries will be disqualified if found to be incomplete or lacking any required Parental Consent and/or if prohibited multiple entries are determined. A limit of one entry per day is allowed per individual and if applicable per e-mail address for the duration of the Promotion, unless otherwise specified above; and accordingly subsequent entries determined to be submitted from the same email address or from the same individual using multiple email addresses in violation of this rule will be declared ineligible. All Entries become the property of Company and will not be receipt acknowledged or returned. Administrator‘s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion.
C. Winner Selection: On or about November 26, 2012, the Company will at random select one (1) prizewinner from all eligible collectively received before the deadline to be awarded the prize described herein. If an entrant is unable to verify registration information the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Company reserves at its sole discretion the right to choose an alternative qualifier or possible winner in the event that that a qualifier or possible winner has been disqualified or is deemed ineligible. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. The Station is not obligated to leave voice mail, answering machine or other message. The Promotion Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. All decisions of the Company and/or judges will be final. If any prizewinner and or qualifier are not available to participate, deemed ineligible or disqualified for any reason whatsoever as specified by the Promotion Entities, in their sole discretion, the qualifier and or prizewinner privileges will be forfeited entirely and an alternative qualifier and or prizewinner may be selected from among the Eligible Entries received, as defined herein. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company is final on all matters relating to the Promotion; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then you will be disqualified; and (e) The potential winner and or qualifier must be available to participate when applicable in any portion to the Promotion that participation may be required to be considered eligible.
Administrator‘s decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Administrator will randomly select the potential winners, from all eligible entries on or after the registration deadline stated herein. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, THE DECISIONS THE COMPANY, ADMINISTRATOR AND/OR SPONSOR(S) ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE WINNER SELECTION HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
2. Prize. No more than the advertised number of prizes shall be awarded. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Company's and Sponsor’s sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Company or Sponsor. Administrator is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment company. The Sweepstakes Entities are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Sweepstakes.The prize is awarded if properly claimed according to the Rules and if there are sufficient eligible entries. The Sweepstakes Entities do not make, and are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of winner(s). If the winner is disqualified or is found to be ineligible for the Sweepstakes, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. The prize(s) that may be awarded to the eligible winner(s) are:
If an entrant is eligible to win and is a minor in his or her state of residence but has obtained the permission of a parent or legal guardian (“Parent”) prior to entering, and if chosen as a winner, must be accompanied by a Parent on the Prize Package. If no Parent of the winner is able to attend, and/or the Parent is permitting the Minor to attend under the supervision of a designated third party (i.e., a grandparent or other adult relative, or coach), such Parent must: (1) provide proof of a fully completed Guardianship and Medical Authorization for Minors form and have it notarized, and (2) provide the completed and notarized Guardianship and Medical Authorization to the Company within the time period specified by the Company. The designated third party must be in the name of the adult traveling companion winner has selected as their guest.
One (1) Grand Prize: A trip package for winner and three (3) guests to NY, NY to attend Z100’s Jingle Ball 2012 on December 7, 2012.
Prize Package will include the following: A trip for four (4) to New York, NY. Domestic round-trip air transportation for winner and three(3) guest between the major metropolitan airport nearest prize winner’s primary residence and (in the event of any dispute, airport shall be as determined by Sponsor in its sole discretion) to destination airport in New York, NY; 3 days and 2 nights standard double occupancy hotel accommodations at a Manhattan area hotel; Transportation to and from NY airport and NY hotel.; four (4) tickets to Z100’s Jingle Ball at Madison Square Garden on December 7, 2012; and four (4) meet and greet passes with a music recording artist as solely determined by Sponsor. $5,000.00 shopping spree at a NY department store TBD. Winner may not choose artist. Total overall approximate retail value of the prize is $10,000.00. Prize package provided by Clear Channel Media & Entertainment. Prize value may vary depending upon departure location and time of travel. Other restrictions apply. Winner must be able to travel Thursday, December 6, 2012 through Saturday, December 8, 2012.
If a potential Winner is a Minor under the laws of his or her state of residency, the Prize may in Company’s sole discretion be awarded in the name of the Winner's parent or legal guardian, who must complete any required Winner Documents.The prize Winner (or, if an eligible minor, his/her parent or legal guardian) must complete any legal documents provided by the Company (or third party on its behalf, if applicable) with respect to the Prize awarded and return them as instructed within the timeframe specified by the Company or Winner may forfeit the Prize at Company’s sole discretion. All decisions of Company relating to the Sweepstakes are final. Winner (and his/her parent/legal guardian if such Winner is a resident of a jurisdiction that deems him/her to be a minor), also must acknowledge that Company nor Sponsor have not and will not obtain or provide insurance of any kind relating to the Prize awarded and that Winner will be responsible for obtaining and paying for any applicable life, travel, accident, property or other form of insurance relating to the Prize. All federal, state/provincial and local taxes on the Prize value, if applicable, are the responsibility of the winner and if winner is a minor in their principal state of residence winner’s parent or legal guardian. AN IRS FORM 1099 MAY BE ISSUED IN THE NAME OF WINNER(S), OR IF A MINOR IN THE JURISDICTION IN WHICH S/HE RESIDES, IN THE NAME OF HIS/HER PARENT OR LEGAL GUARDIAN, FOR THE ACTUAL VALUE OF THE PRIZE(S) RECEIVED. Travel for winner’s travel companions is contingent on their agreement to these Official Rules, if guest is a minor in his/her principal state of residence, his/her parent or guardian must agree to these Official Rules on the travel companion’s behalf.
Trip Prize Conditions: All prize packages shall include round-trip, coach class air transportation for winner from a major commercial airport near winner’s home to the destination and a double occupancy standard hotel room as specified in herein. Actual value of trip may vary based on point of departure and airfare fluctuations. If in the judgment of the Company air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at Company's sole and absolute discretion. Any difference between stated approximate retail value and actual value of Prize will not be awarded and is specified in these Official Promotion Rules. Selection of airline and hotel are solely within the discretion of the party fulfilling the prize. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner and guest. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability, alternative travel dates will not be provided. If the prizewinner(s) is unavailable for travel on the designated dates, the specified or prize will be forfeited and may or may not be awarded to an alternate prizewinner(s) at the sole discretion of the third-party company fulfilling the prize. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. No person under the age of 13 years will be permitted to travel; anyone under the age of 18 years must travel with person 18+ years. IF WINNER IS ELIGIBLE, BUT A MINOR IN HIS/HER STATE OF RESIDENCE, THE TRAVEL GUEST MUST BE WINNER’S PARENT OR LEGAL GUARDIAN. A MINOR MAY ACCOMPANY WINNER AS A TRAVEL GUEST ONLY IF THE WINNER IS THE MINOR’S PARENT OR LEGAL GUARDIAN. MINORS MUST BE ACCOMPANIED AT ALL TIMES DURING TRIP (INCLUDING, BUT NOT LIMITED TO, IN-FLIGHT, HOTEL STAY AND ALL PRIZE-RELATED EVENTS) BY MINOR’S PARENT OR LEGAL GUARDIAN. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. The difference in value will not be awarded to the prize winner. The Promotion Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. If travel delays, cancellations or difficulty prevent arrival in time for any and all elements of trip, the Company is not responsible for awarding any compensation in lieu thereof. Additional prize award details and travel information to be provided to the prizewinner at the time of notification. Winner and guest will be required to complete and return, within 3 days of date of receipt the applicable forms and releases. Winner must sign a prize acceptance form, provide the information for their travel guest which must be at least of the legal age of majority in their state, a W-9 form, an affidavit or verification of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest. Prizewinner(s) and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Promotion Entities has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner in its sole discretion. Unclaimed prize(s) will not be awarded. Certain travel restrictions and blackout dates may apply. If, for any reason, any part of the trip package is canceled or shall become unavailable, postponed or canceled, the Promotion Entities shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. If concerts or other ticketed events have been awarded as part of this prize package and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, the Sponsor, prize provider or third-party company fulfilling the prize shall not be responsible for replacing that portion of the prize. The Promotion Entities are not responsible for late, lost, damaged or stolen luggage. Any provided tickets are subject to certain terms and conditions specified thereon, and seat locations are as solely determined by sponsor. Any changes to completed travel arrangements, once booked, are the sole responsibility of the winner, and are solely at the winner’s expense. All prizes or prize vouchers must be redeemed as stated in the prize notification or otherwise stated in the Official Rules. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, winner will not receive any other prize substitution or compensation, and the prize will remain the property of the prize provider and/or Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by the Company and Sponsor’s prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by the Company and Sponsor’s prize partner(s), if any; such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize is done so entirely upon their own initiative, risk, and responsibility. BY ACCEPTING PRIZE, WINNERS ACCEPT THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT THE RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH
Conditions and restrictions apply. All taxes, upgrades and any other expenses not specifically identified in these Official Rules as included in a prize are the responsibility of winner. The prize that may be awarded to the eligible winner is not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. All prizes must be redeemed from the Station within the time specified on the notification, unless otherwise stated in the Promotion’s official rules or unless required as in date specific prize. Certain prizes are date specific (i.e. concerts, trips) and the winner must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative prize winner. For certain prizes which are date specific such as event or concert tickets, the Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the prize(s) associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Sponsor. Winners are solely responsible for any taxes on their respective prizes. The Company reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value or may substitute such prize with another prize of equal or greater value, if for any reason a prize, or any portion thereof, as described herein and at the sole discretion of the Company. Winner must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
3. Eligibility and Limitations. Participants and winner must be at least 13-years old, as of the date of entry and prize award and is a legal resident of the fifty (50) United States. or District of Columbia If the Promotion is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the Official Promotion Rules, only one (1) entry per person and only one (1) prize per household for the Promotion and for any thirty (30) day period. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian, may (in Company’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Notwithstanding the determined age requirement set forth above, it is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the Promotion and no one under the age of thirteen (13) shall be permitted to enter any Promotion at any time, under any circumstances. Employees of the Company, the Station, Sponsor and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer. (a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who The Company determines (in its sole discretion) is or is attempting to: (i) tamper with The Company’s Website and/or any part of the Promotion; (ii) attempting to undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or The Company’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of The Company’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR FACEBOOK OR UNDERMINE THE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS PROMOTION. If, in The Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, The Company reserves the right to void suspect Entry and/or evaluations and/or terminate the Promotion and award the prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For this Promotion, the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Promotion, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Promotion. Any entry forms in a register-to-win Promotion must be handwritten. Photocopies or mechanical reproductions of any entry forms are not permitted. The Station further reserves the right to cancel, terminate or modify the promotion if, in the sole discretion of the Station, it is impossible or impractical to complete the Promotion as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. The Station reserves the right, in its sole discretion, to disqualify any entry if that entry's source and sender cannot be reasonably determined. In the event of termination of the Promotion by Company, Company reserves the right to award any prize in a manner deemed fair and equitable by Company. In no event will the type and quantity of prizes awarded exceed the number of prizes described in the Promotion’s Official Rules.
5. Publicity; Use of Personal Information. By participating, where allowed by law, all winner(s) grant the Company and Sponsor exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other promotion and waive any claims to royalty, right, or remuneration for such use. By participating in the Promotion, where allowed by law, participants agree that the Company may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list. For more information about how the Company will use information collected in connection with this Promotion, please see Company’s privacy policy located here. On occasion participant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that participant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Promotion, participant understands and acknowledges that information (including participant’s personally identifiable information) provided will be collected independently by Clear Channel (the Company) and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Promotion, and consent to opt-in will not improve your chances of winning.
6. Releases and Conditions. By participating in the Promotion, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Promotion’s Sponsor and its employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Promotion, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. As a condition of participating in the Promotion, participants agree and acknowledge that in order to receive a prize, participants must sign an official waiver form provided by the Company and agree to the terms herein, including but not limited to the prize conditions in this paragraph. The prize is subject to certain terms and conditions as specified herein. Winner and if applicable, winner’s guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc.). By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Company, judges, and Promotion Entities with respect to the Promotion are final and binding; (ii) to release the Company, Station and Sponsor and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Promotion and the award or use of the prize; (iii) to allow the Company to and Sponsor to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this promotion, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Promotion Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Promotion Entities’ sole control. All taxes, related fees, other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of prizewinner. The Company, Sponsor, and Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Company will have no further obligation to winner.
7. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with any prize which are not specifically provided for in the official rules. Winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company 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.
8. Conduct and Decisions. By participating in the Promotion, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Promotion and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Promotion, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Promotion to The Company’s, Station’s and/or Sponsor's "discretion" and/or any exercise of discretion by Sponsor, Station or the Company shall mean in Company’s, Station’s and/or Sponsor's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further reserves the right to: (i) terminate or declare any Promotion null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Promotion; (ii) cancel, terminate or modify the promotion if, in the sole discretion of the Company, it is impossible or impractical to complete the promotion as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Promotion rules at any time; and (iv) stop or conclude the Promotion at any time without prior notice. Material changes to the promotion rules will be broadcast on-air, when practical.
9. Miscellaneous. Void outside the United States and District of Columbia, and wherever prohibited or restricted by law. Station reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all participants. Odds of winning depend upon the number of eligible entries received during the Promotion Period from all participating stations. Winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Promotion. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Station during normal business hours or visit the Station’s website. All entries become the property of the Company and will not be returned. As a condition of participating in the Promotion, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Promotion constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
10. Compliance with Law. The conduct of the Promotion is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting promotions, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Promotion, etc. as required by applicable local and state law.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. BY PARTICIPATING, YOU HEREBY RELEASE AND HOLD HARMLESS FACEBOOK FROM ANY AND ALL LIABILITY ASSOCIATED WITH THIS PROMOTION. THE REGISTERED NAMES USED IN THIS PROMOTION ARE FOR IDENTIFICATION PURPOSES ONLY. ALL TRADEMARKS AND REGISTERED TRADEMARKS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
The Company is conducting the Promotion concurrently and simultaneously on several participating stations that are located in various States and their perspective time zones. Entrants not located within the referenced time zone, must factor in the time difference in determining the dates and times stated herein. The Company may add or remove participating stations or change call letters of any participating station at any time during the Promotion as announced on the affected station. The Station’s participation in this promotion during the promotion dates may vary from day to day as announced on air of the affected Station, and as listed as amended in Appendix A and if applicable the individual Station’s Addendum. Station will announce participation. Stations participating in this promotion may include all stations owned or operated by Clear Channel Communications, Inc. Stations participating include: See attached Appendix A
WHCY-FM
WHTZ-FM
WPKF-FM
WIOQ-FM
WAZR-FM
WWLG-FM
WWPW-FM
WWVA-FM
WHYI-FM
WAKS-FM
WFKS-FM
WZST-FM
WHQC-F2
WKCI-FM
WRNF-FM
WLAN-FM
WNUZ-FM
KXTC-FM
WYDL-FM
WYRE-FM
WYLD-F2
WRVG-FM
WKKF-FM
WECQ-FM
WINK-FM
WDKF-FM
WJJS-FM
WJJX-FM
WMPW-AM
KKDM-FM
KIXZ-FM
WSKX-FM
WKGS-FM
WWFA-FM
WUMX-FM
WWHT-FM
WZEE-FM
WXZO-FM
WZRT-MM
WXJY-FM
KUUL-FM
KMXF-FM
WJXY-FM
WGMY-FM
WWHX-FM
WCGQ-FM
WKZP-FM
WMRV-FM
WVKF-FM
WOCY-FM
WHTE-FM
KISN-FM
WRVB-FM
