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General Contest Rules
WNCX
General Contest Rules
Exceptto the extent set forth for any particular contest, sweepstakes, promotion, orgiveaway (individually and/or collectively hereinafter, “Contest(s)”),these general contest rules (“General Contest Rules”) will govern andapply to all Contests conducted by Audacy Ohio, LLC, operator of WNCX (“Station”). Some Contests will have specific rules developed and customized for them (“SpecificContest Rules”). The General Contest Rules, along with the SpecificContest Rules or material terms and conditions as applicable for any particularContest, may hereinafter also collectively be referred to as the “Rules”. A copy of the Rules for all Contests are published on the Station’s website at wncx.com/rules(the “Contest Rules Page”). In the event of any inconsistency ordiscrepancy between these General Contest Rules and the Specific Contest Rulesor material Contest terms and conditions as applicable for any particularContest, the Specific Contest Rules or material terms and conditions for suchparticular Contest as published on the Contest Rules Page will govern andcontrol the resolution of any such conflict to the extent applicable. Forquestions and additional information about any Contest(s) and/or prize(s), contactthe Station’s Promotions Department by phone at 216-861-0100 or by visiting theStation’s website at wncx.com (the “Website”), clicking the “Contact Us”link in the Website footer, and completing the online form as applicable.
Who Can Enter
1. Individualswho are both 18years of age of older and legal Ohio residentsasofthe entrydate may enter and potentially win Contests (“Entrant(s)”). Only if theseGeneral Contest Rules, or the Specific Contest Rules or material terms andconditions for a particular Contest, explicitly allow for individuals fourteen(14) years of age or older to enter, then in the event a prize is won by anyEntrant who is under eighteen (18) years of age (i.e., only as applicable,if an Entrant is between fourteen (14) and seventeen (17) years of age),then such Entrant’s parent or legal guardian will be deemed the winner for allpurposes hereunder.
2. Thefollowing individuals are NOT eligible to enter or win Contests, even ifsuch individuals meet the age and residency requirements set forth in Section 1above:
a. Employee(s)(i.e., full-time, part-time and/or temporary employees), officers,directors, contractors, vendors, and/or suppliers of the Station, of any thirdparty prize provider(s), of any advertiser(s) or participating sponsor(s), of any advertising, promotion, and/or prizefulfilment agencies or services, and/orof any of their respective parent entities, subsidiaries, oraffiliated companies;
b. Immediatefamily members of suchemployees, including without limitation current and/or ex-spouses,parents, grandparents, children, grandchildren, siblings,in-laws, and/or stepsin any of the foregoing categories; and
c. Anyother individual legally residing in the same household (i.e., atthe same address), whether related or not, of such employees, includingwithout limitation roommates, housemates, significant others, andpartners.
3. TheStation may elect, in its sole and absolute discretion, to set limitations inthe Rules for any one or more Contest(s) as to how frequently an individual and/orany number of individuals from the same family or within the same household mayenter a specific Contest and/or any number of Contests within a specified timeperiod; and/or how frequently an Entrant may be eligible to win more than one(1) prize in a specific Contest, more than one (1) of any specific prize,and/or any number of Contests within a specified time period. In the event theStation elects to set any such limitation for a Contest, such limitation shallapply to that Contest except to the extent required by law or otherwiseindicated by the Station.
How to Enter/Howto Win
4. NOPURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
5. ALLCONTESTS ARE SUBJECT TO AND GOVERNED BY APPLICABLE FEDERAL, STATE AND LOCALLAWS, STATUTES, AND REGULATIONS. PARTICIPATION IN THIS CONTEST IS VOID WHEREPROHIBITED OR OTHERWISE RESTRICTED BY LAW.
6. Forany Contest administered under these General Contest Rules, but only to theextent different from or not already stipulated in these General Contest Rules,the Station will specify the following material terms and conditions asapplicable: (i) who can enter the Contest; (ii) when to enter the Contestand/or the deadline for Contest entry (“Entry Period”); (iii) how toenter the Contest, which may include, but will not be limited to, one or moreof the entry methods described herein; (iv) the time(s), date(s), location(s) (ifapplicable), and method(s) for selecting or otherwise determining anyqualifier(s), semi-finalist(s), finalist(s) (collectively hereinafter “Qualifier(s)”),winner(s) and/or grand prize winner(s) (collectively hereinafter, “Winner(s)”)of the Contest as applicable; and (iv) a description, the approximate value,and the terms, conditions, and restrictions applicable to the redemption, ofany qualifying prize(s), prize(s), and/or grand prize(s) to be awarded in theContest (collectively hereinafter, “Prize(s)”).
7. Themethod(s) for entering a Contest will be the method(s) set forth in the Rulesfor such Contest, and may involve, but may not be limited to, one or more ofthe following (“Method(s) of Entry”):
a. On-AirMethod(s) of Entry: Contest entry may be comprised of, inwhole or in part, listening to the Station (on-air and/or online by means ofthe Audacy website or mobile application (the “App”)) on one or moredate(s), at one or more time(s) or within one or more time range(s), for theStation to broadcast one or more of the following, without limitation (the “Cue-to-Call”),(1) instructions to be a designated number caller; (2) a specified pre-recordedsounder, and/or (3) one or more designated song(s), alone or in combinationwith other designated song(s) (“Song(s)”). Upon hearing theCue-to-Call, be the designated caller to the Station’s Contest phone number to(1) win the announced Prize(s) (i.e., a Prize, a qualifying Prize, etc.);(2) compete for the chance to win the announced Prize by participating in oneor more game(s) of skill (e.g., trivia, name the song, etc.); and/or (3)qualify for the chance to be included in a Prize or grand Prize drawing (i.e.,will be qualified for a chance to win a Prize or grand Prize, etc.).
i. WARNING:Due to delays in the online streaming of the Station’s broadcast signal,listeners to the online stream may not be able participate in, or may bedisadvantaged if participating in, any Contest that requires potentialEntrant(s) to listen to the Station. Contest participants should not rely onstreamed broadcasts.
ii. IMPORTANT:Calls toany Station phone numbers other than the announcedphone number, including the Station’s main phone number, will not be acceptedfor the Contest. TheStationisnotresponsible for calls placed to any other number.
iii. Forany Contest requiring for a potential Entrant to be a designated number callerin order to enter and/or win, in the event a caller is disconnected or is foundto be ineligible, the Station reserves the right in its sole and absolutediscretion, but will not be obligated, to select the next eligible caller tothe Station’s Contest phone number to participate in and/orpotentially become a Winner of, as applicable, the Contest.
iv. Forany Contest (or Contest play as the case may be) in which the Stationreceives less than the requested number of calls withina reasonable period of time as determined by the Station in its sole andabsolute discretion (e.g.,only 9 callers when the Station is looking for the 10th caller), theStation reserves the right to re-conduct that Contest (or Contestplay as the case may be) at a later time, orcancel that Contest(or Contest play as the case may be), and/or notaward the Prizefor such Contest (or Contest play as the case may be).
v. Forany Contest requiring for a potential Entrant to listen for any one or more Song(s), the Stationwill announce any number of times in its sole and absolute discretion, (1) the time(s) (ortime ranges)and day(s) when suchSong(s) may play, and (2) the designated caller number an Entrant must be forthe chance to win (e.g., the 10th caller to the Station when theSong(s) play(s) will win, or will have the opportunity to identify the song(s)and/or artist(s) for the chance to win). The Station will begintaking calls as soon as the designated Song starts to play, orin the event of acombinationof consecutive Songs, assoon as the last song of the required combination starts to play. To be a validContest play, (i) the Song(s) must be played in itsentirety on the Station(i.e.,not asong clip or hook or a portion of a song used in an intro, promotionalannouncement or advertisement); and (ii) theSong(s) must play at the time(s) (or within the time range(s)) and on theday(s)as announced by the Station. Notwithstanding the foregoing, ifthe announcement bythe Station specifiesthat only the first play of the Song(s) on a particular dayis a Contest play, thenafterthe Song has been played earlier that day, no other play of such Song(s) will be avalid Contest play. Only the Song as performed by the specific artistnamed in the announcement will qualify as a winning opportunity.
vi. ForanyContest thatrequiresanyone or more selected Entrant(s) to listen for their nameto be announced onthe Station for the chance to be a Qualifier and/or Winner, (i)only the actual person who entered (or was deemed to have entered in thecase of certain Contestsfor individuals who have opted-in to receive emails from the Station and/or itsaffiliates) can win, andmust be the person who calls in (i.e., a non-Entrantmay not call in on behalf of an Entrant); and (ii) theselected Entrant must only call the announced station phone number, which callmust be received and answered by the Station within the exact period of timeannounced.Any person having the same name as an Entrant will be disqualified if such personis not the actual Entrant.
b. OnlineMethod(s) of Entry: Contest entry may be comprised of, inwhole or in part, any one or more of the following, without limitation, each ofwhich may be required for Contest entry and/or optional as a means by which Entrantsmay earn one or more “extra” or “bonus” entries: (1) visiting the Website (oran alternative website for a particular Contest hereinafter referred to as a “Microsite”)and completing an online entry form in its entirety; (2) verifying the Entrant’semail address and/or date of birth; (3) listening to the Station (on-air and/oron the App); (4) “favoriting” the Station on the App; (5) opting-in toreceive emails, calls, and/or mail from the Station, any of its affiliatedstations and/or entities, a sponsor, or any other designated third party; (6) receiving andopening an email containing an entry link and/or other Contest entryinstructions; (7) entering akeyword or code word; (8) liking a Facebook page; (9) following aTwitter handle; (10) following anaccount on Instagram, Snapchat, TikTok, or any other social media network nowknown or hereafter devised; (11) subscribing to an account on YouTube, Spotify, orany other audio or audiovisual content platform now known or hereafter devised;(12) visiting ageographic location; (13) verifying you visited or are present at or within a geographiclocation or area; (14) watching a video; (15) downloading a mobile application,including, but not limited to the App; (16) adding an Alexa (or other smartspeaker) skill; (17) visiting a third party website ormicrosite; (18)answering one or more survey question(s); (19) correctly answering one or moretrivia question(s); (20) making predictions or guesses with respect to certainupcoming events; (21) creating and/or uploading certain content as part of theentry (see Section 8(d)(i) below for essay submission requirements, seeSection 8(d)(ii) below for photograph submission requirements, see Section8(d)(iii) below for audio submission requirements, and see Section 8(d)(iv)below for video submission requirements); and/or (22) having one ormore other individual(s) enter the Contest by means of a unique URL shared bythe Entrant on social media, provided that the number of times any such otherindividual(s) may enter the Contest by means of such unique URL shared by anyone or more Entrant(s) may be subject to limitations set by the Station in itssole and absolute discretion.
i. TheStation will decide in its sole and absolute discretion (1) whether or not to allowEntrants to earnone or more “extra”or“bonus” entries (“BonusEntries”) for any particular Contest, and when applicable, (2) the numberand/or maximum of such Bonus Entries any one Entrant may earn for any one orall means by which to earn such Bonus Entries as described above.
ii. Forany Contest that requires Entrants to opt in to receive emails from the Stationand/or any one more of its affiliated stations and/or entities, suchindividuals may be automatically entered in Contests from time-to-timeandmay also receive marketing or promotional emails from the Station,anyone or more of its affiliated stations and/or entities, advertisers of theStation, and/orany other designated third party, which mayinclude,without limitation, special offers and/or opportunities to participate in Contests,or third party sweepstakes, contests, or promotions. In the event anyindividual who was automatically entered to participate in a Contest by virtueof receiving emails from the Station elects to unsubscribe from receiving suchemails, suchindividual mayno longer be eligible to win a Prize in such Contest in the Station’ssole andabsolute discretion.
iii. Forany Contest that requires Entrant to make (or “Tweet”) apost ona specified social media network that includes both a designatedhashtag and mentionof the Station’saccounton such social media network, a post with any incomplete or incorrecthashtag and/or mention of the Station’s account, or a post with any otherhashtag and/or the mention of any other account, does notconstitute a valid entry.
iv. UNLESSOTHERWISE STATED FOR A PARTICULAR CONTEST, STATION WILL NOT POST CONTEST ENTRYKEYWORD(S)/CODE WORD(S) ON ITS WEBSITE, PROVIDE CONTEST ENTRY KEYWORD(S)/CODEWORD(S) ON ANY SOCIAL MEDIA PLATFORM OR BY ANY OTHER ELECTRONIC MEANS, ORREVEAL CONTEST ENTRY KEYWORD(S)/CODE WORD(S) OVER THE TELEPHONE ON ANY OF THESTATION TELEPHONE NUMBERS.
v. STATIONHAS NO OBLIGATION, LIABILITY, OR RESPONSIBILITY WHATSOEVER IF INDIVIDUALSOBTAIN OR OTHERWISE RECEIVE A KEYWORD(S) OR CODE WORD(S) FROM THIRD PARTIESSUCH AS OTHER LISTENERS, WEBSITE VISITORS, CONTEST SPONSORS, ETC.
c. TextMethod(s) of Entry: Contest entry may be comprised of, inwhole or in part, listening to the Station (on-air and/or on the App) for anannouncement, visiting the Website, a Microsite, and/or one or more designatedgeographic location(s), to obtain one or more designated keyword(s) to text tothe Station’s SMS short code at or before a designated time, within a specificperiod of time, and/or to be the individual who sends the designated numberedtext with such keyword(s) (e.g., the 100th text, etc.).
i. Fortext message Contest entries, Entrants may receive a bounce back text from the Stationwith confirmation of Contest entry, but Entrants will receive no “extra”offers, information, or message content. The Station does not charge a fee forthis service. The Station assumes no responsibility for charges incurred fortext messaging, including, without limitation, as a result of any bounce backmessages or Contest notices from the Station. Standard message and data ratesmay apply, text STOP to cancel, and terms are available at https://bit.ly/15FDy2P.
ii. Textmessages sent to any SMS short codes other than the Station’s SMS short code,text messages sent to the Station’s SMS short code that include any keywordother than the designated and announced keyword for a particular Contest,and/or text messages sent to the Station’s SMS short code without any Contestkeyword, will not be accepted for Contest entry. The Station is notresponsible for text messages mistakenly sent to SMS short codes other than theStation’s SMS short code.
iii. Forany Contest in which the Station receives less than the requested number oftext (e.g., only 99 entries when the Station is looking for the 100thtext) within a reasonable period of time as determined by the Station inits sole and absolute discretion, the Station reserves the right to re-conductthat Contest (or Contest play as the case may be) at a later time, or cancel thatContest (or Contest play as the case may be), and/or not award the Prizefor such Contest (or Contest play as the case may be).
iv. UNLESSOTHERWISE STATED FOR A PARTICULAR CONTEST, STATION WILL NOT POST CONTEST ENTRYKEYWORD(S) ON ITS WEBSITE, PROVIDE CONTEST ENTRY KEYWORD(S) ON ANY SOCIAL MEDIAPLATFORM OR BY ANY OTHER ELECTRONIC MEANS, OR REVEAL CONTEST ENTRY KEYWORD(S)OVER THE TELEPHONE ON ANY OF THE STATION TELEPHONE NUMBERS.
v. STATIONHAS NO OBLIGATION, LIABILITY, OR RESPONSIBILITY WHATSOEVER IF INDIVIDUALSOBTAIN OR OTHERWISE RECEIVE A CONTEST ENTRY KEYWORD(S) FROM THIRD PARTIES SUCHAS OTHER LISTENERS, CONTEST SPONSORS, ETC.
d. On-SiteMethod(s) of Entry: Contest entry may be comprised of, inwhole or in part, visiting a designated event and/or geographic location asspecified by the Station, obtaining an official entry form (available whilesupplies last), and legibly completing the entry form by hand writing allrequired information, which may include without limitation, your first name andlast name, complete address, city, state, zip code, phone number (includingarea code), email address, and/or age. Failure to provide all requiredinformation may result in disqualification.
i. Entriesmust be deposited in the official entry box by the announced deadline.
ii. Onlyofficial entry forms that are handwritten and legible will be eligible (nomechanical reproductions will be accepted).
iii. OfficialContest entry forms are only available at the location of the official entrybox, while supplies last.
8. Withrespect to certainContests and Methods of Entry, as applicable:
a. Theentry process for some Contests may require for Entrants to login to, or tocreate, a free account in the App by accessing the App “settings”, selecting“Sign In”, and choosing to either (i) “Sign Up with Email” and complete theonline registration form by providing your first name, last name, emailaddress, and then by creating and verifying a password for your free account;(ii) “Sign Up with Facebook” and use Facebook profile to pre-load applicableportions of the registration form (Facebook account is not required to enterthis Contest); or (iii) if you already have an App account, selecting “SignIn”, and then providing your email address and password.
i. Thefree Audacy mobile application (“App”) must be installed on Entrant’ssmartphone, and may be downloaded for free by visiting either the App Store orthe Droid Market (depending on the particular make and model of yoursmartphone) on your smartphone, searching for Audacy, and downloading the app.
ii. INDIVIDUALCARRIER, NETWORK AND/OR DATA USE CHARGES MAY APPLY.
iii. SomeApp Contests may require for (1) Entrant to enable notifications for the App;(2) sign up or already have a free Audacy App account; and/or (3) have theStation selected as one of the Entrant’s “favorites”.
iv. Entrantsacknowledge and agree the ability to participate successfully in an AppContest, including but not limited to successfully downloading the App,successfully registering for an App account, and successfully entering theContest, may be affected by (1) the use of devices other than a smartphone (i.e.,tablet or other device that runs mobile apps), and/or (2) the connection ofEntrant’s smartphone.
b. Theentry process for some Contests may require Entrants to login to, or to create,a free account with the third party provider of asoftware platform used by the Station for such Contest(s) (“SoftwareProvider”), by going tothe Website, clicking on the Contestentry link, andcompleting and submitting the online registration form with allrequired information.
i. Limitone (1) account with the Software Provider per email address.
ii. SoftwareProvider isnotasponsor of suchContests, butEntrants may be required, as part of the entry process, to agree and consent totheSoftware Provider’s terms of service and/or privacy policy,both of which will be available via a link during the entry or accountregistration process (collectively, the “Software Provider Policies”).
iii. Forany Contestinwhich during the entry process, the Entrant elects to have their entry formpre-loaded or pre-populated with information from the Entrant’s Facebook,Twitter, Google, or LinkedIn profiles, such Entrant authorizes the SoftwareProvider and the Station to access, utilize and/or pre-load to such entryform, applicableportions of Entrant’sprofile information from suchaccount.
iv. Whileagreement to the SoftwareProvider Policiesmay be required in order to enter a Contest, the Software Provider Policiesare not a part of these Contest Rules but are a separate agreement between theEntrant and SoftwareProvider. Inthe event of any conflict between the Software Provider Policiesand theRules,theRuleswill govern.
v. Stationis not responsible for any error or technical malfunctions associated with the SoftwareProvider sitethat may affect any Entrant’s ability to enter, to win, or to be properlyconsidered in a Contest, regardless of the cause. In the event of amalfunction associated with the Software Provider sitethat theStationin its soleand absolute discretiondeems to materially and adversely affect a Contest, theStation reserves the right to (1) suspend such Contest; (2) terminate such Contest without a Winner; (3) terminate such Contestand select a Winner early; (4) provide alternative means of entry; and/or make anyother changes to theContestthat theStationdeems appropriate under the circumstances. Any such changes, terminations orsuspensions will be publishedon the Contest Rules Page, and in the Station’s sole and absolute discretion,may also be announced on-air, published elsewhere on the Website, and/orpublished on social media.
vi. Employeesof SoftwareProvider andits affiliates, their respective parents, affiliates, subsidiaries, advertisingsponsors and promotional agencies, and the immediate family members of each arenot eligible to win in this Contest.
c. Theentry process for some Contests may require for Entrants to login to, or tocreate, a free account with a third party social media network, including, withoutlimitation, Facebook, Twitter, Instagram, Snapchat, TikTok, LinkedIn, and/orany other third party social media network now known or hereafter devised (“SocialMedia Network(s)”).
i. SuchSocial Media Networksite operators are not sponsors, endorsers, and/or administrators ofContests,and are notaffiliated with the Station or its Contests in any way. The Stationcannot control certain factors relating to such Social Media Networks,including, without limitation, errors, cancellation of user accounts, and/or any technicalmalfunctions that may affect any Entrant’s ability to enter, win, view, beadvised of, be eligible for or be properly considered in a particular Contest.
ii. Stationreserves the right, at any time and for any reason or for no reason, todisassociate any person from its Social Media Network page/followingby any means then technically available to it (e.g.,“blocking” a “fan” fromliking the Station’s Facebook page, etc.).
iii. Employeesof SocialMedia Networkand its affiliates, their respective parents, affiliates, subsidiaries,advertising sponsors and promotional agencies, and the immediate family membersof each are not eligible to win in this Contest.
d. Theentry process for some Contests may require Entrants to submit content such as,without limitation, an essay, photograph, audio work, or video work (togetherwith any entry form and the content included, depicted, and/or captured in suchessay, photograph, audio work, or video work, the “Entry Content”). Entrantmust be eighteen (18) years of age or older, exclusively own, or have obtaineda license from the owner of, the submitted Entry Content (i.e., EntryContent cannot be “owned” in any way by any other person or company withoutobtaining his/her express consent to enter this Contest and allow the Stationto use such essay, photograph, audio work, and/or video work as contemplated inthe Contest Rules). Entry Content must not contain or convey any contentthat the Station determines, in its sole and absolute discretion, subjectivelyor otherwise, (i) to be indecent, profane, obscene, explicitly sexual, harmful,threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, orhateful, (ii) to be racially, ethnically, or otherwise offensive orobjectionable, (iii) to encourage unlawful behavior, (iv) to infringe upon thebrand names, trade-marks, trade names, logos, or any other intellectualproperty that may belong to a third party, or (v) to disclose any detailedpersonal, physical, contact, or otherwise confidential information that maybelong to a third party (“Prohibited Content”). The foregoing is notintended to require the Station to disqualify any Entrant(s) who submits EntryContent that includes, contains, or is comprised of, in whole or in part,Prohibited Content. In the case of any Entry Content that includes, contains,or is comprised of, in whole or in part, Prohibited Content, the Station mayelect, in its sole and absolute discretion, to either disqualify the EntrantContent or edit, remove, and/or pixilate/cover the Prohibited Content. Notwithstandingthe foregoing or any provision of any Rules to the contrary, the Station willnot be required to make the same decision regarding any Entry Content thatincludes, contains, or is comprised of, in whole or in part, any ProhibitedContent, and may elect in its sole and absolute discretion to treat all suchproblematic Entry Content differently or the same. Without limiting thegenerality of the foregoing:
i. Forany Contest specifically requiring Entrants to submit an essay as part of theentry process, such essay should not exceed the designated number of words asindicated by the Station; provided, however, that essays submitted with morethan the designated number of words will not be disqualified (except to theextent that the online entry mode limits number of words/characters), but theStation will only be obligated to read and consider up to the designated numberof words. Essays need not be truthful. The Station will not verify thetruthfulness of the information submitted in each entry; provided, however,that failure to satisfy (or suggestion that you fail to satisfy) theentry eligibility requirements or other Contest Rules applicable to this Contestcan result in disqualification of the Entrant from becoming the Winner, in theStation’s sole and absolute discretion. The Station reserves the right, but isunder no obligation, to edit an Entrant’s essay in any manner that it chooses inthe Station’s sole and absolute discretion.
ii. Forany Contest specifically requiring for Entrants to submit a photograph as partof the entry process, the terms “Photograph”, “Photo”, and/or “Image” may beused interchangeably, and may include, but will not be limited to the inclusionof, any image that may be produced by an analog or digital camera, an opticalimage scanner (or simply, “scanner”), a “screen dump,” “screen capture,”“screenshot,” or “screengrab,” and/or the digital manipulation of one ormultiple photographs achieved by the use of image editing software. ONLY THEENTRANT MAY BE VISIBLE IN THE PHOTO. NO OTHER PERSON AND/OR INTELLECTUALPROPERTY (i.e., trademark(s), and/or copyrighted photo(s), works of art,etc.) MAY BE DEPICTED NO MATTER HOW FAR AWAY, OBSCURE, OR OTHERWISE;provided, however, the Station reserves the right to accept Photos that haveparts of other people visible that the Station deems in its sole and absolutediscretion is not material to the Photo and such persons are completelyindistinguishable (e.g., a leg or finger). Further the Station’sdecision in this matter is final and not appealable and the Station is notobligated to treat every Photo identically (e.g., the Station may decidethat in one photo a leg is not material, but that a leg is in another photo). Except as set forth in the Rules for a particular Contest, any Photo of any person(s)other than the Entrant who is eighteen (18) years of age or older, more thanone person, and or the intellectual property of any third party will beineligible, and will be disqualified.
iii. Forany Contest specifically requiring Entrants to submit an audio work as part ofEntry process, ONLY THE ENTRANT MAY BE HEARD IN THE AUDIO. NO OTHER PERSON’SIMAGE, VOICE, TALENT, AND/OR INTELLECTUAL PROPERTY (i.e., trademark(s),and/or copyrighted sound(s), song(s), etc.) MAY BE AUDIBLE NO MATTER HOWFAR AWAY, OBSCURE, OR OTHERWISE. Except as set forth in the Rules for aparticular Contest, any audio work with any person(s) other than the Entrantwho is eighteen (18) years of age or older, more than one person, and or theintellectual property of any third party will be ineligible, and will bedisqualified.
iv. Forany Contest specifically requiring Entrants to submit a video work as part ofEntry process, ONLY THE ENTRANT MAY BE SEEN AND/OR HEARD IN THE VIDEO. NOOTHER PERSON’S IMAGE, VOICE, TALENT, AND/OR INTELLECTUAL PROPERTY (i.e.,trademark(s), and/or copyrighted photo(s), video(s), song(s), works of art,etc.) MAY BE VISIBLE AND/OR AUDIBLE NO MATTER HOW FAR AWAY, OBSCURE, OROTHERWISE. Except as set forth in the Rules for a particular Contest, any videowork with any person(s) other than the Entrant who is eighteen (18) years ofage or older, more than one person, and or the intellectual property of anythird party will be ineligible, and will be disqualified.
e. Forany Contest that involvesvoting,regardless of the extent to which votingdetermines the Qualifier(s),and/or Winner(s): (i) except as otherwise announced, voting isfor entertainment purposes only and will not be the determining factor inselecting Winners, but may at the Station’s sole and absolutediscretion be taken into consideration asone of many factors considered by the Station in determining the Winner; (ii) Contesteligibility requirements, including without limitation ageand residencyrequirements, are not applicable to determiningwhether or not a person may vote in a Contest; (iii) theStation may,but will not be obligated to, post online the “in process”tally of online and/or texting votes, in intervalsdetermined from time to time by the Station for each Contest as the Stationsees fit,in which case(s) such posting(s) may be discontinued at any time, willnot be real-time,maynot be relied upon by Entrants or voters, issolely for entertainment/excitement purposes and is notbinding upon the Station; and (iv) inthe event of text voting, the Station reserves the right at any time to endtext voting prior to the announced closing date for text voting, for any reasonor for no reason, by providing at least twenty-four (24)hour notice on the Station’s Website that such text voting will end early.
i. Useof robotic, mechanical or other forms of pre-programmed internet, texting orphone call visit, voting or entry methods is NOT prohibited.
ii. Notwithstandingthe foregoing, the Station reserves the right, in its sole andabsolute discretion,toimplement entry/voting processes from time totime thatmay frustrate or prohibit automated entry or voting, including,without limitation, CAPTCHA, requiring Club membership logins or Contest/votingregistrations, advance email address verification procedures, limiting thenumber of entries/votes/web hits accepted/counted after a maximum number withina specified period of time as established by the Station, whichnumerical/time limits the Station may decide not to disclose, and/or prohibitany further entries, votes or web traffic from a particular IP address during aparticular Contest, period of time or permanently.
iii. Beforeor during any Contest, the Station reserves the right to install and accesscookies, alone or along with other methods, to track web site traffic, entryand/or voting frequency, and/or to detect or prohibit automated methods ofvoting, entry or Website visits.
f. ForanyContestrequiring that Entrants and/or Qualifiers be present at a Station event inorder to continue participation in a Contest, Entrants herebyagree to strictly follow all instructions and directions given by the Stationstaff at the event and understand that any failure to comply with the Station’sinstruction, process, procedures or Contest Rules at the event may result inimmediate disqualification in the Station’s sole and absolute discretion. If check-in or registration at the event is required by the Station,you must check in, or in some cases be in line to check in, by a certainannounced time. Eligibility to participate in the Contest event may requirethat at check-in each timely arrived participant complete, sign one or moreliability release agreement(s), provide his/her social securitynumber, provide evidence of a valid government issued photo identification (i.e.,driver’s license, passport, or military ID), and/or other specificrequirements announced. Failure to do any of the foregoing at check-in ifrequired will result in automatic disqualification. In the event that anyContest associated event or any Grand Prize Event needs to be rescheduled forany reason, such postponement will be announced on-air, on the Station’s Website, and/or bymeans of one or more Station account on Social Media Networks. It is the sole responsibility of each Entrant/Qualifier to listen to theStation, checkthe Websiteand/or checkthe Station’s accounts on Social Media Networks forcancellation and/or rescheduling information. Notwithstanding the foregoing, theStation may, but is not obligated to, send a written,electronic,ortelephonic noticedirectly toEntrants/Qualifiersregarding any necessary rescheduling of any event orGrand Prize Event with the rescheduled date/time; provided, however, inno event will the Station or its sponsors have any liability or responsibilityfor any Entrant’s/Qualifier’sfailure to receive the message, if any, for any reason. In noevent will the Station have any liability or responsibility for anycancellation and/or rescheduling information, including the accuracy thereof,posted by any individual or entity other than the Station. Inno event will the Station or its sponsors have any liability or responsibilityfor any potential Entrant’s, Entrant’s or Qualifier’s inability to attend anyevent on the rescheduled date (and no alternative opportunities will beoffered).
g. Forany Contest described as an “Instant Win” Contest, only the maximum availablenumber of any designated Prize(s) will be awarded while supplies last, on afirst-come, first-served basis among participating Entrants, as applicable andbased upon one or more means of participating in such Contest, including,without limitation, being one of the up to X number of callers to the StationContest phone number, being one of the X number of individuals present at aspecific geographic location, spinning a physical or virtual prize wheel,and/or competing in any other game of skill now known or hereafter devised.
h. SomeContests may only be open to entry by individuals who have an App account andhave enabled notifications for the App, have an account with the SoftwareProvider, opted-in to receive emails from the Station, and/or follow theStation on a specific Social Media Network. In the case of such Contests,information about the Contest and/or the entry process for such Contest will notavailable to the Station’s listeners, Website visitors, and/or the generalpublic, and the Station will only provide such Contest and/or entry informationto the specific limited group of individuals who may enter such Contest. Suchindividuals may receive“secret” App notifications, emails, and/or direct messages from the Stationfrom time-to-time telling them to (1) click a provided link in order tocomplete a “secret” contest entry form; (2) appear in person at a “secret”location at a specified time on a designated date; and/or (3) listen to theStation during certain day/time, or ranges of days/times, for a “secret”Cue-to-Call comprised of any one or more of the following, without limitation:(a) a specific song by a specific artist, (b) a group of songs played in aconsecutive order (whether or not such consecutive songs are by the same artist),(c) a collection of songs by one or more specific artists, (d) a specificrecorded sounder (e.g., like a bell, whistle, or other sound effect), (e)a live or recorded announcement of a keyword or code word, or (f) their nameand town to be announced on-air in an announcement (e.g., “Hi to [Name] of[Town], thanks for listening!” or similar announcement).
i. Forany Contest described in this Section 8(h) that requires for an Entrant tolisten to the Station, the email will also provide instructions on what to doat the time the designated song(s) and/or announcement(s) is broadcast in orderto win, which will be one of the following ways: (a) be the designated caller (e.g.,10th caller) to the phone number provided in the email, (b) be one of thefirst [x] callers (e.g., the first 10 callers) to the phone numberprovided in the email, (c) when your name is announced call the designatedContest line within [x] minutes, or (d) within a specified time frame describedin the email, complete an online entry form with an announced keyword or codeword and any other required information as may be instructed and/or required onthe form (e.g., the exact name of a song or the day/time a song or sounderaired).
ii. Forany Contest described in this Section 8(h) that involve a grand Prize drawing,Qualifiers will be selected as described in the email, which will also includeapplicable information about the grand Prize drawing.
9. TheStation may elect, but will not be obligated, to provide certain informationnot otherwise available to the general or listening public about a Contest bymeans of the App, the Website, email, or social media posting to a limitedgroup of people. Such information may include, without limitation, dates andtime ranges when a Contest song or sounder may be played, lists of correct orincorrect answers received, and/or Contest reminders. In such events, nopurchase will be required to obtain such information, but the Station mayrequire that persons eligible to receive such extra information have an Appaccount, receive emails from the Station, and/or have an account with one ormore third party Social Network Sites. The Station will not be obligated toannounce that it is or how it is making such additional information available,unless required by law. While such additional information may increase thechances that a recipient will know when to listen, or what the correct orincorrect answers may be (which information may not be available tonon-recipients), there will be no advantage in the mode of entry by obtaining(or not obtaining) this additional information.
10. The Stationreserves the right,butnot the obligation, topost some or all entry information and/or Entry Content on the Website or by means ofSocial Media Networks, in whole or in an edited form inStation’s soleand absolute discretion, as a “featured” entry. Having yourentry posted and/or “featured” does NOT mean that the Entrant has won or islikely to win in that Contest. The decision to post or “feature” any suchentries is for entertainment purposes only, and is not partof the Winner selection process. The Stationcannot guarantee that it will be able to view all entries and/or required entrysubmissions (essays, photos, videos, etc.) submitted from a technical perspective, even if sent in theappropriate formats required. In the event the Station is not able to view any entry or entry materials submittedfor any technical reason whatsoever, that entry may be disqualified (withoutnotice to the Entrant) and the Stationwill have no liability or obligation to such Entrant with respect to the disqualifiedentry.
11. Byentering a Contest, Entrants understand that the Station staff may choose tocomment on, mock, poke fun at, and/or mimic any Entrant’s entry and/orperformance. Entrants further understand that anyEntrant’s entry and/or performance may subject the Entrant to the risk ofnotoriety, publicity, ridicule, scorn and/or indignity, including from membersof the public. Entrants waive any right to make anyclaim against the Station or any Contest sponsors with respect to any comments,disparaging or otherwise, made regarding such Entrantand/or his/her entry, entry materials, performance, voice, appearance,participation and/or any other information provided or disclosed to the Stationduring the course of a Contest. Further, Entrant acknowledges and agrees thatall entries and/or entry materials become the property of the Station and willnot be acknowledged or returned.
12. Depending uponthe type of Contest, the means of entry, and the entry informationprovided/required, the Station may notify potential Qualifier(s) and/or Winner(s)of suchbyphone, byemail,by text message, by direct message or public post on social media network, bymail, and/or in person, as applicable. Notification is deemed to have occurredimmediately at the time the Station calls, transmits, texts, messages, mails,or otherwise communicates such notification. The Station willonly be required to leave one voicemail message, sendone email,send one text message, send one direct message on social media, make one publicposting on social media, and/or send one (1) letter. The Stationreserves the right,but not the obligation, to attempt to contact any Entrant(s),Qualifier(s), and/or Winner(s) more than once, in its soleand absolute discretion, and will not be required to attempt to contactEntrant(s),Qualifier(s), and/or Winner(s) an equal number of times or in the samemanner. The Station is not responsible for any change of email address, mailingaddress, and/or telephone number of Entrant(s), Qualifier(s), and/or Winner(s). The Station is not responsible and shall not be liable for late, misdirectedor unsuccessful efforts to notify any Entrant(s), Qualifier(s), and/or Winner(s),and in the case of minors, for late, misdirected, or unsuccessful efforts ofthe Entrant to provide signed parental or guardian consent. If a Qualifier(s),and/or Winner(s) is unable to be notified for any reason for any amount oftime, the applicable Prize may be forfeited and awarded to an alternate winner. If a Qualifier(s), and/or Winner(s) does not claim the Prize within theappropriate time given upon, the Entrant will automatically be disqualified andtheir Prize will be forfeited.
13. Inthe event multiple users of the same mobile phone, email, website,app, or social media account, as applicable, enter the Contest and adispute thereafter arisesregarding the identity of the Entrant, the Authorized Account Holder atthe time of entry will be considered the Entrant. For purposes ofthe Rules, “Authorized Account Holder” isdefined as the one(1) naturalpersonwho: (i) in thecase of a mobile phone or email account, is assigned themobile phone numberor email account by an Internet access provider, online serviceprovider, telephone service provider or other organization which is responsiblefor assigning phone numbers or email addresses; or (ii) in the case of website, app, orsocial media accounts, can demonstrate control over themeans of such account by logging into such website, app, or socialmedia accountwith the correct user name and password.
14. Failure tocomply with the Rules, along with any other terms and conditions applicable toContest entry, including without limitation submitting an incomplete orfraudulent entry, and/or failing to complete the entry process, will result insuch Entry being disqualified from such Contest. Proof of a person’ssubmission of an entry shall not be deemed proof of receipt of such entry bythe Station. When applicable, the Station’s computer will be deemed theofficial time keeping device for the Contest. Entries will be disqualified ifincomplete and/or if prohibited multiple entries in excess of the states limitare received. Any individual(s) that is found to be, or suspected of, tampering with aContest in any way, including without limitation by making a fraudulent entry,by engaging in any “deal-making” with or between other Contest participants orthird parties, by creating a public hazard, by cheating, by engaging inimproper or illegal activity, by causing interference with or the destructionof property and/or utilized public safety resources will be disqualified fromparticipating and/or winning any Prize(s), as applicable, and may be bannedfrom any future participation in any Contest as determined by the Station inits sole and absolute discretion and on a case-by-case basis.
15. STATIONWILL BE THE SOLE ARBITER IN ALL MATTERS RELATING TO THECONTEST,INCLUDING WITHOUT LIMITATION, ENTRANT ELIGIBILITY, THE VALIDITY OF CONTESTENTRIES, AND THE INTERPRETATION OF CONTEST RULES. ALLDECISIONS BY STATION WILL BE FINAL AND MAY NOT BE APPEALED. ENTRY INTO CONTESTSCONSTITUTES AGREEMENT BY ENTRANTS TO ABIDE BYTHESE RULES, AS WELL AS ANY OTHER RULES ESTABLISHED BY STATION.
Prize(s)
16. The actualPrize(s), and value of any such Prize(s), will vary for each Contest. No morethan the maximum number of Prizes set forth in the Rules for such Contest willbe awarded. Prize terms, conditions, restrictions, and availability aresubject to change. Prize(s)will be released to the Contest Winner(s) only, and will only be awarded if properlyclaimed according to these General Contest Rules. For each and anyContest, the Station may elect, in its sole and absolute discretion, to mailthe Prize(s) to the Winner(s), to have a third party mail the Prize(s) to theWinners or arrange delivery of the Prize(s) to the Winner(s), to require forthe Winner(s) to pick the Prizes(s) up at theStation’s studioduringnormal business hours,and/or require for the Winner(s) to pick the Prize(s) up at a third partydesignated location. Notwithstanding the foregoing or any provision ofthe Rules to the contrary, Station will not under any circumstances whatsoeverbe responsible for the delayed or failed delivery of any Prize(s) mailed toWinner(s)
17. Winners aresolely responsible for any and all costs and expenses related to a Prize, the acceptanceof a Prize, and/or the use of a Prize in any manner not specified in either theRules or the terms, conditions, or restrictions applicable to such Prize. Winnersare responsible for paying all applicable local, county, state and federaltaxes on Prizes based on the estimated retail value of the Prize, as set forthin the Contest Rules, and may be issued an IRS Form-1099 for all Prizeswon from the Station inany calendar year where the aggregate value of all such Prizesis $600 or more.
18. The Station isnot the supplier or guarantor of any Prize, unless otherwise specified. Prizesmay be fulfilled by a third party fulfillment sponsor. ALL PRIZES AREAWARDED “AS IS” AND THE STATION DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANYREPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INFACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANYIMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ANDALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
19. Notwithstandinganything to the contrary herein, stated on-air, published online, or otherwisecommunicated to a potential Winner, no potential Winner of any Contest will beentitled to receive any Prize until the Station has verified such potentialWinner’s Contest eligibility and compliance with the Contest Rules and untilsuch potential Winner has completed and submitted all documents required by theStation. In order to receive any Prize, Winner(s) may be required to (i)present a valid photo identification issued by a commonwealth, state, orterritory of the United States or by the United States federal government; (ii)complete and submit an IRS Form W-9 in its entirety, including with theWinner(s) valid United States taxpayer identification number or social securitynumber; and/or (iii) provide or complete and sign any other documents requiredby the Station, including without limitation, one or more liability releaseagreements relieving the Station, its parent and affiliates and theirrespective officers, directors, members, managers, employees, agents, Contestsponsors and others from any and all liability with respect to the Entrant’s participationin the Contest and the receipt and/or use of the Prize. Any person whorefuses to present a valid government issued photo ID, to provide a validsocial security number, and/or to provide or complete and sign any otherdocuments required by the Station by the deadline required by the Station willforfeit any and all Prizes. The Station reserves the right to examineidentification and may reasonably choose to accept or deny awarding the Prizebased on the identification presented.
20. Except by theStation, which reserves the right to substitute a Prize, in whole or in part, withanother Prize or Prize portion of greater or equal value. Except whererequired by law, Prize(s) may not be redeemed for cash, substituted,transferred or assigned, except as may be determined by the Stationinits sole and absolute discretion on a case-by-casebasis. Winnersare prohibited from selling any Prize awarded or transferring any Prize withouttheStation’sauthorization,whichauthorization must be in writing by a Station representative and will begranted or withheld in theStation’ssole and absolute discretion on a case by case basis. Inthe event theStation discovers or suspects (correctly or incorrectly) that a Winneris attempting to sell his/her Prize from the Station (e.g., on eBay, Craigslist, StubHub, orotherwise),theStationreserves the right, in itssole and absolute discretion, on a case by case basis, totake any one or more actions, including without limitation:(a) immediately disqualify the Winner and deem any Prize they were otherwiseentitled to as forfeited; (b)refuse to award the Prize to such Winner, even if he/she represents that theywill not resell or transfer the Prize; and/or (c)prohibit the violating Winner from participating and/or winning any futureContests,whetherfor a fixed period of time or in perpetuity, in the Station’s soleand absolute discretion,andif such Winner ever wins a future Contest during theperiod that he/she is banned, he/she will be disqualified from the Contest andforfeit any Prize once it has come to the Station’sattention. Further,theStationreserves the right to track, deactivate, render void,and/or cancel and invalidate any Prize awarded that the Stationsuspects was sold or transferred without authorization.
21. Inthe event that any Entrant(s), Qualifier(s), and/or Winner(s), as applicable,is disqualified from a Contest for any reason permitted by the applicableContest Rules at any point in time (before or after a Winner isdetermined), theStation and/or sponsor(s) may, but will NOT beobligated to,notify any such individual(s) of such disqualification orforfeiture. TheStationmay, but will NOT be obligated to select an alternative Qualifier,and/or Winner, as applicable. Prizes notclaimed within thirty (30) business days of being advised by the Station thatthe Prize is available for pick-up, or such shorter period of time ifso stated in the Rules for a Contest, or in the caseof a time sensitive Prize within its period of usability if shorter than thirty (30)business days, will be considered forfeited without notice to the Winner(s). Regardlessof the reason, all forfeited Prizes become the sole propertyoftheStation and may bereallocated to another Contest and/or awarded to another Winner, or discarded in the Station’ssole and absolute discretion.
22. Unlessotherwisespecified,the following terms,conditions, and/or restrictions may apply generally to Prizesawarded in Contests:
a. AnyPrize involving travel, including without limitation Prizes consisting in wholeor in part of overnight accommodations and/or travel by air, rail, ship, ormotor coach, will be based upon availability and subject to additional termsand restrictions imposed by the Station, Contest sponsors, and/or other agentsparticipating in the Contest and/or fulfillment of the Prize, including withoutlimitation blackout dates, peak period restrictions, expiration dates, and/oradditional age restrictions imposed upon the Winner and/or the Winner’sguest(s). These restrictions are not subject to negotiation. Winner’s guestsmay be required to sign one or more liability release agreements before beingauthorized by the Station or its sponsor to be allowed to participate as Winner’sguest on a trip. In addition, such Winners and guest(s) are required to travelon the same itinerary, to which changes may not be made once booked, and aresolely responsible for obtaining any international travel documents, visas orpassports that may be required. Reservations are non-transferable and oncebooked and confirmed may not be rescheduled. Overnight accommodations willconsist only of standard double occupancy accommodations, and Winner will besolely responsible for all ground transportation, for the purchase of any itemsof a purely personal nature, for the payment of any incidental expenses, andfor the payment of any taxes, charges, and/or fees. Winners may be requiredto provide a valid credit card to check into the hotel and to cover incidentalexpenses. Air travel will consist only of round trip coach airtransportation to/from a commercial airport in/near the destination cityfrom/to a commercial airport in the greater metropolitan area in which theStation is located, and the Winner will be solely responsible for all groundtransportation and for the pre-payment of any applicable taxes or airport,baggage, or government fees or charges.
b. AnyPrize that consists of an opportunity to meet with, participate in an activitywith, interview or have similar interaction with any celebrity (other thanemployees of the Station) is contingent upon thecelebrity appearing for such activity/event, which is beyond the Station’scontrol. The Station is not responsible if a Winner and/or his/her guests areunable to meet such celebrity or participate in the associated activity if thecelebrity determines this is not allowable for any reason or fails toappear/participate for any reason, including without limitation any illness,act of god, scheduling conflict or any other reason. In such event, theStation is not responsible for such portion of the Prize, which has no monetaryvalue, and no alternate Prize will be awarded and the event/activity will notbe rescheduled. In the event that the Station elects, in its sole and absolutediscretion, to attempt to reschedule any such event/activity or offer analternate Prize, the Station will have no obligation whatsoever to offer anyother alternate Prize if such attempt to reschedule or other offer is notaccepted by or utilized by Winner for any reason whatsoever.
c. AnyPrize that is awarded in the form of a gift certificate or gift card, the useand/or redemption of such certificate or card may be subject to additionalterms and restrictions, including without limitation expiration date, specificlocations at which such certificate or card may be redeemed, may be based onavailability and may include black-out periods, restrictions or excluded items(i.e., tax, tips, alcoholic beverage, or goods from a particularmanufacturer). Gift certificates are only redeemable at the locations forwhich they are specified.
d. AnyPrize involving the award of cash will be fulfilled in the form of a companycheck payable to the verified Winner only and made available approximately six(6) to eight (8) weeks from the date upon which the Winner completes andsubmits all documents required by the Station.
e. TheStation and sponsors are not responsible for replacing or reimbursing Winnerswith any form of compensation for flights or events that are canceled,rescheduled or delayed. All cancellations are deemed beyond the control of theStation and its sponsors. This includes, but is not limited to, eventcancellations, trip schedule changes, flight cancellations, changes in travelarrangements, travel delays of any form and duration, as well as all delays orcancellations due to acts of nature, terrorism (including threats), war,illness, or any pandemic or epidemic constituting a public health emergencythat are subject to government mandated quarantines, travel restrictions, orstay-at-home orders. Additionally, the Station is not responsible for any workstoppage, bankruptcy or other condition beyond the Station’s control that mayaffect the Station’s ability to provide any of the Prizes. The Station is notresponsible for any expenses incurred by Contest Winners as a result of suchcancellations, delays or other circumstances beyond the Station’s control.
f. Inall instances in which Winner has the right to select specific products, thechoice or products offered may be limited or certain specific products ormanufacturers may be excluded, may be subject to availability, and Winner willreceive additional information on such restrictions and limitations after theyhave been awarded the Prize.
Other Rules that May Apply toContests
23. Odds of winning anyContest depend upon the how the Contest is conducted. For random drawings, theodds of winning will depend upon the number of entries received. For Contestsin which Qualifiers are selected for a random drawing to determine Winner, oddswill depend on the total number of Qualifiers. For Contests of skill that donot involve any element of chance, odds of winning are not applicable. All tiebreaking procedures will be set forth in the Rules, but may also be publishedon the Station’s Website and/or communicated directly to such tied ContestEntrants.
24. In addition tothe Contest Rules Page, the Station and/or its sponsors may provide the Rules fora Contest on-air, on a website, in blog or social media post(s), by text,instant, or direct message(s), and/or on-site/point-of-purchase poster(s),display(s), material(s) or handout(s); provided, however, in no event will the Stationbe responsible for the failure of any third party sponsor or location to make theRules available. Except if specifically required by law or the context of aparticular Contest, the Rules will not be announced or broadcast on-air.
25. The Station mayor may not respond to inquiries by Entrants or potential Entrants regardingthe status of their entry and/or to questions abouta Contest,regardless of the means by which such inquiry is made, and theStation is not obligated to respond to, or to treat, all suchinquiries identically (even if the question is identical). Timeconsiderations and/or volume, among other things, may impact theStations’ desire or ability to respond to such inquiries from time to time. Notwithstanding anything thatmay be communicated by any Station employee in connectionwith any such inquiry, the sole determining source for informationrelated to aparticular Contest will be the Rules for such particular Contest, andany informationcommunicatedby Station employee(s) will neither be binding on the Stationnor bedeemed to be providing any type of improper assistance or advantage to anyparticular Entrantover another. Any attempt by the Station to respond to an inquiry will be inthe context of providing good customer service only and, in some instances, toaddress technical issues/problems.
26. Except ifinconsistent with the Rules, any reference to the Station’sprivacy policy in Contest Materials or advertisements willbe deemed to refer to the Station’s privacy policy (if any) available from alink at the bottom of the Station’s Website (“Privacy Policy”),unless a different privacy policy is specifically identified, inwhich case, any such third party privacy policy will NOT be applicable to orpart of these Contest Rules. The Station may use cookies and/or collect IPaddresses for the purpose of implementing or exercising its rights orobligations under the Contest Rules, for information purposes, for identifyingyour location and redirecting you to the appropriate geographic website, ifapplicable, and/or for any other lawful purpose in accordance with the PrivacyPolicy. Information collected by the Station in connection with entering,voting or otherwise participating in any Contest may be shared with sponsors ofparticular Contests, and otherwise used in accordance with the Privacy Policy. Without limiting the generality of the foregoing, the Station may retainfor a reasonable periodof time, theEntrant’spersonal data in order to enable it to send that Entrant any Prize that theyhave won and to verify that these Official Rules have been complied with, andfor accounting purposes. This data may bepassed to a third party to enable such third party to fulfill any necessaryrequirements relating to the award of a Prize. Any other use of personal datawill be in accordance with, and subject to, the Station’s Privacy Policy to which thereis a link in the footer of the Website and on the Contest Rules Page. Entrantmay have the opportunity to opt in to receive emails or othercommunications from third parties. In the event that Entrant optsin to any available opportunities to receive information from a third party,that may or may not be associated with this Contest, Entrant understands andacknowledges that his/her information will be provided to such third party andmay be used by the third party as set forth in the third party’s privacypolicy. Any available opt-in opportunities are not required to enter theContest, and opting in will not improve your chances of winning.
27. All entries andEntry Content become the property of the Station and will not be acknowledged orreturned. Participation in a Contest and/or acceptance of Prize(s) constitutesconsentby Entrantand/or Winner’s (andby Winner’s guest(s) if applicable) for the Stationor its agents(i)to interview theEntrant and/orWinner(s) (and Winner’s guest(s),if applicable), (ii) to photograph, film, and record (audio and/orvideo) Entrant and/orWinner(s) (and Winner’s guest(s),if applicable), and (iii) to use incommerce and in any medium nowor hereafter known throughout the world in perpetuity and withoutpayment of any compensationor additionalconsideration:his/her name, hometown (city and state), biographic information, likeness,photograph, audio or video recording, Entry Content, Prize information (ifany), and/orany statements made by him/her regarding the Station, the Promotion, and/or itssponsor(s) for purposes of trade, publicity, or promotion without notice oradditional compensation, notification, or permission, except where prohibitedby law. Without limiting the generality of the foregoing, Entrants acknowledge andagree that by submitting Entry Content as party of Contest entry, such Entry Content will be deemed a “WorkMade For Hire”under the Copyright laws of the United States, but if it cannot be so deemed,then the Winner irrevocably assigns and transfers to the Station all of his/herright, title and interest in and to his/her Entry Content, including all butnot limited to all copyright and trademark rights which he or she may have, inthe United States and worldwide, therein, for consideration, the receipt andsufficiency of which is hereby acknowledged. Winner hereby waives in favor of theStation, all rights of “Droit Moral” or “Moral Rights of Authors” or any similarrights or principles of law that Winner may now or later have to their EntryContent. The Station reserves the right to alter, change or modify the winningEntry Content, in its sole and absolute discretion. Upon request of the Station,Winner shall execute and deliver such additional instrument of assignment, asmay be solely deemed by the Station, reasonably necessary to establish theownership of record of the right, title and interest in and to the EntryContent and of the copyrights transferred and “Moral Rights of Authors” waivedunder these Official Rules. Should the Station fail to request the saidassignment as stated that shall not be deemed a waiver of the Station’s rightsand the Station may at a later time request the assignment.
28. Participation inaContestand/or acceptance of Prize(s) constitutes agreement by Entrant and/or Winner (andby Winner’s guest(s) if applicable) to release, foreverdischarge,indemnify, andhold harmless the Station, its affiliates, parents, assigns, successors,employees, participatingsponsors, agents and all others connected with them and thepromotion, Contest, and/or event (the “Released Parties”) fromany and all liability, claims, actions, and damages sustained or incurred byparticipation in the said promotion, Contest, and/or event and the receipt anduse of any Prize(s) awarded (if any) through such promotion, Contest,and/or event arising in any manner whatsoever, including but not limited to anact or omission, whether negligent, intentional or otherwise caused by theStation, its affiliates, parents, assigns, successors, employees, sponsors,agents and all others connected with them and the promotion, Contest, and/orevent.
29. TheReleased Parties are not responsible for (i) typographical or other errors inthe printing, the offering, or the administration of a Contest orin the announcement of a Prize; (ii) incorrect or inaccurate information, humanerror, failure, or omission; (iii) unauthorized human intervention; (iv) lost,stolen, mangled, misdirected, illegible, incomplete, or late entries; (v)entries not received due to difficulty accessing the internet, service outageor delays, computer difficulties and other technological problems or fortelephone service outages, delays, busy signals, poor signals or signalinterference, accidental disconnection, equipment malfunctions, and any othertechnological failures of any kind; or (vi) anycancellations, delays, diversions, or substitutions or omissions whatsoever byany transportation providers or any other persons or entities providing anyservices to Entrant(s)and/or Winner(s)(and Winner’sguest(s)if applicable) including any results thereof such as changes inservices or location necessitated by same.
30. The Stationreserves the right to modify,suspend, cancel,and/or terminateany Contest and/or Prize(s) without prior notice if such Contestcannot be executedand/or such Prize(s) cannot be fulfilled as advertised, eitherin whole or in part, and/or if the conduct of such Contest and/or fulfillmentof such Prize(s) becomes impracticable or impossible as the result of anyother factor beyond the Released Parties’ control, including, without limitation,(i) any strike, insurrection, flood, fire, riot, act of God, war, emergency,terroristic threat (including general threats) or activity, and/or any pandemicor epidemic constituting a public health emergency that are subject togovernment mandated quarantines, travel restrictions, or stay-at-home orders;and/or (ii) any infection by computer virus, tampering, unauthorizedintervention, fraud, technical failures that may corrupt oraffect the security, administration, fairness, integrity or proper conduct ofthe Contest or that causes theContest to become compromised or corrupted in any way, electronicallyor otherwise. The Released Parties will not responsible and/or liablein any way for any such modification, suspension, cancellation, and/ortermination. Ifthe Contest is cancelled or terminatedbefore the original end date, the Station reserves the right, in its sole andabsolute discretion to, to modify the procedure for selecting Winners, unlessthe nature of the event giving rise to such termination renders it impossibleto select Winner(s).
31. Anycontroversy or claim arising out of or relating to the Contest shall be settledby binding arbitration in a location determined by the arbitrator as set forthherein (provided that such location is reasonably convenient for claimant), orat such other location as may be mutually agreed upon by the parties, inaccordance with the procedural rules for commercial disputes set forth in theComprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules andProcedures”) then prevailing, and judgment upon the award rendered by thearbitrator(s) may be entered in any court having jurisdiction thereof. Thearbitrator shall be selected pursuant to the JAMS Rules and Procedures. Thearbitrator shall apply thelaws of the Commonwealth or State in which the Station’s office is located consistentwith the Federal Arbitration Act and applicable statutes of limitations, and shallhonor claims of privilege recognized at law. In the event that the claimant isable to demonstrate that the costs of arbitration will be prohibitive ascompared to the costs of litigation, the Station will pay as much of theclaimant’s filing and hearing fees in connection with the arbitration as thearbitrator deems necessary to prevent the arbitration from beingcost-prohibitive. If any part of this arbitration provision is deemed to beinvalid, unenforceable or illegal (other than that claims will not bearbitrated on a class or representative basis), or otherwise conflicts with therules and procedures established by JAMS, then the balance of this arbitrationprovision shall remain in effect and shall be construed in accordance with itsterms as if the invalid, unenforceable, illegal or conflicting provision werenot contained herein. If, however, the portion that is deemed invalid,unenforceable or illegal is that claims will not be arbitrated on a class orrepresentative basis, then the entirety of this arbitration provision shall benull and void, and neither claimant nor the Station shall be entitled toarbitrate their dispute. Upon filing a demand for arbitration, all parties tosuch arbitration shall have the right of discovery, which discovery shall becompleted within sixty days after the demand for arbitration is made, unlessfurther extended by mutual agreement of the parties. THE ARBITRATION OFDISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THECLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTERTHIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED INACCORDANCE WITH THESE OFFICIAL RULES.
32. ALLTRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES, ANDLOGOS APPEARING IN ANY RULES AND/OR ANY CONTEST ARE THE PROPERTYOF THEIR RESPECTIVE OWNERS. USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
33. WinnerList(s):For a list of Winnersfor a particular Contest, mail a self-addressed stamped envelopeto the Station,at 1041 HUron Road, Cleveland, Ohio 44115, and identify thename of the particular Contest for which you would like to receive a Winner’slist. All requests for Winner lists must be mailed and received by the Stationafter the Contest is over but prior to three (3) months afterthe Contest has been concluded.
Condition: Child Sections OR Post with primary
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