Station: The KIX 97.9 cue to call in (the “Station”)
Station Address: 1331 Main St 4th Floor Springfield, Ma 01103.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Open to legal residents of the United States who are 18 years of age or older unless otherwise announced or stated herein. Void outside Station’s Total Survey Area and where prohibited. Do not enter this contest if you are not located in the United States at the time of entry. Odds of winning depend upon the number of eligible entries received during the Contest Period.
Clear Channel Broadcasting, Inc., its subsidiaries and affiliated companies (together, the “Company”), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests 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 contest 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.
1. Description of Contest/Participation.
A. Dates of Contest: Periodically the Station will conduct Station sponsored contest giveaways for various prizes. Typically these type of giveaways are done live on-air during the weekdays between 5AM EST and 7PM EST] at various times during the Program, the DJ will announce a Call In To Win opportunity, sounding the “cue to call”. Each cue to call announced is specific to the contest or giveaway and serves individually as the specified “Contest Period”. These rules are for the period beginning March 30th 2011 thru December 31st 2011
B. How to Play and Winner Selection: Listen to the Station weekdays for the DJ to announce the cue to call in and be the designated numbered caller to the Station’s contest line. The correct caller will either automatically win the announced prize or be required to perform a task (i.e., answering a trivia question correctly), as determined by the Station and announced during the cue to call to win. Listen to the Station for details on specific giveaways and for the times to play. The dates, times, winner selection and prizes will vary with each station giveaway, as determined by the Station and announced during the cue to call.
Entrant participation and how the winner will be determined will vary depending on the contest as established by the Station and announced accordingly. Please refer to the on air announcement for specifics on participation and how a winner will be determined. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail. The Company is not obligated to leave voice mail, answering machine or other message. The Company is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify potential winners or for any late, misdirected, or if the potential winner is a minor, for late, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. All Entries become the property of Company and will not be returned. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest 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, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address.
2. Prize(s). Prize conditions apply. The total approximate retail value ("ARV") of the Prize will vary from contest to contest as determined by the Station; refer to each contest’s official rules for prize descriptions, value and conditions. Prizes for Call In to Win or “Cue to Call” Contests conducted by the Station will vary and be announced prior to the cue-to-call in. The various prizes awarded will normally range between $10 and $200 in approximate retail value. The prize(s) that may be awarded to the eligible winner(s) are 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 30 days of the contest end date unless otherwise stated or instructed at the time the winner is selected. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. 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. In the event the prize(s) are event or concert tickets, the Company is not responsible for the cancellation or rescheduling of any event or concert and no substitution or compensation shall be awarded, in Company’s sole discretion. If concerts or other ticketed events have been awarded as or part of the prize and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Company will not be responsible for replacing that portion of the prize. Any provided tickets are subject to certain terms and conditions specified thereon. Tickets and seat locations are as solely determined by the Company in Company’s sole discretion. No more than the advertised number of prizes will be awarded. The Prize is subject to certain terms and conditions as specified herein and additional conditions may apply. Winner 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). If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the 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 if any the applicable Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, Station and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow the Company to and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, 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 Company is 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 Company’s sole control. All other costs and expenses related to prize acceptance and use not specified as being provided are the sole responsibility of winner. 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 Station will have no further obligation to winner.
3. Eligibility and Limitations. Participants and winner(s) must be legal residents of the 50 U.S. or D.C., be at least 18-years old, as of the date of entry and prize award as determined by the Company, unless otherwise announced at the time the cue-to-call was broadcast on-air. No one under the age of thirteen (13) will be permitted to enter a contest under any circumstances. Participants and winners must reside in the Station’s Total Survey Area (TSA) as defined by Arbitron. Commonly the TSA represents a radio station's total listening audience in a geographic area. If the contest 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 contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves listener participation by voting for a contest participant on the station’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. 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 an affidavit of eligibility, release of liability and prize acceptance agreement ("Prize Acceptance Release of Liability and Publicity Release") 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 in the contest’s official rules. 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. Employees of the Company, the Station, the Contest’s participating sponsors 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.
6. Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company.
7. Taxes. Any valuation of the prize(s) stated in the Rules 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. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each 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 Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, 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 Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest 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 Contest, 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. The Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest 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.
9. Miscellaneous. Void outside the Station Total Survey Area and where prohibited. Odds of winning depend upon the number of eligible entries received during the Contest Period. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. 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 for additional information. All entries become the property of the Company and will not be returned. As a condition of participating in the Contest, 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 Contest, 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.
10. Compliance with Law. The conduct of the Contest 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 contests, 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 Contest, etc. as required by applicable local and state law.