|Submission Period||Voting Period|
1/31/2013 12:00 AM PT to
2/14/2013 11:59 PM PT
2/15/2013 12:00 AM PT to
2/28/2013 11:59 PM PT
Terms and conditions
The STAR VIP CLUB (the "Service"), operated by Triton Loyalty, and KIOI-FM (together, Triton Loyalty and KIOI-FM are referred to as "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account, and the forfeiture and relinquishment of all Points you have accrued in the Service. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program where registered users can accrue Points by engaging in certain activities and can redeem Points for certain offers ("Rewards"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible to users in multiple Services within this market or across multiple markets are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in.
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are 18 years of age or older. Employees or agents of KIOI-FM, Triton Loyalty, and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the Points levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the Points required for any Reward; or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household. If you are 18 years of age or under you cannot post information about yourself on the website or complete the registration process. You can, among other things, review your accumulated Points, review the Terms and Conditions as amended from time to time, and review redemption options at vipclub.1013.com .
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your Points accrued will be forfeited.
To earn Points, you must undertake an activity described in a Service-authorized promotion for earning Points, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which Points will be awarded in connection with the Service. You also will be rewarded a percentage of the total Points that your primary referrals earn on their use of the Service. We expressly reserve the right to change the rate at which referred Points are credited and to limit the amount of referred Points credited to your account each week to an overall maximum number of Points that may be less than the number of member referred Points that would have been credit based on the current percentage being paid. We also expressly reserve the right to establish additional means of accruing Points, to delete any or all of the means currently in effect, to exclude specific types of transactions from the accumulation of Points or to specify periods after which unused Points will be forfeited. Points can be accrued only for activity actually taken and completed by you or by your primary referrals and can be applied only to your account. You may earn Points from only one computer or network access point at any given time; simultaneous activity on multiple computers for one account will not be credited. Streaming activity is further limited to one stream at a given time. You may accrue Points simultaneously for non-streaming activity, provided it is in accordance with the conditions regarding network access Points and multiple computers. Points posted to your account for transactions that are subsequently voided will reduce the Points accrued in your account by the number of Points earned for the corresponding voided transaction. We will use reasonable efforts to allocate earned Points to each user's account. However, you are responsible for ensuring that your Points are properly credited. If you believe that Points have been earned but not credited, or in cases where we deem verification is required, we reserve the right to require proof of accrual, including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of Points by you and proof of accrual within three months after the date such Points are claimed to be earned. Points will be maintained in your account until they are redeemed for a Reward or for 6 months or are forfeited whichever occurs first. Each month, all Points that are more than 6 months old will be deleted from your account. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.
You may redeem Points accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. You may use your Points to submit Sweepstakes entries, each of which is subject to their own official rules available on the entry screen. You are required to be 18 years or older to bid in certain auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes entries. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. All active bids and sweepstakes entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes. Points earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In some cases, Rewards you select are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Any rules of the merchants relating to returns and exchanges apply, but no Points will be re-credited to your account. You are responsible for taxes, if any, due on Points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or Points under any circumstances.
To play some of the games offered through the Rewards Service (including, but not limited to, scratch and win games, blackjack-style games, and slots-style games), you must submit the required number of Points, at which time the Points will be deducted from your account. The minimum number of Points required for a game play will be determined separately for each game, but typically range from 25 to 5000 Points . Once submitted, your game play cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to game play submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the game play is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by Operator in its sole discretion. You may also participate in games that require Points to play through an offline method. No Points are required for an offline play. To play a game offline, you must mail a 3" x 5" card to Triton Loyalty, 500 Chastain Center Blvd., Suite 595, Kennesaw, GA 30144. Limit one card per outer postmarked envelope. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home postal address, home telephone number with area code, the user name and email address you entered when you registered for the Service, your age, gender, [insert name of station and/or Rewards Service], and the name of the game you wish to play. Each offline submission will entitle you to the number of Points needed to play the game identified in your offline submission once. Operator will deposit that number of Points into your account, and then you can play the game by submitting those Points in the manner described above. Operator is not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries or game play requests, or for failure to receive online entries or game play requests due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of Points or redemption of Rewards may result in forfeiture of accrued Points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any Points, or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING Points FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING Points FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties. We are not responsible for any incorrect or inaccurate information, whether caused by data entry errors by us, website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the set up or processing of the service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person's computer or data related to or resulting from participating or downloading materials in this Web site. We are not responsible for cheating or fraud by any members. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of Points, use of Rewards, or other participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove Points from your account as a penalty, terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts or choice of laws rules (whether of Georgia or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Triton Loyalty and/or its licensors, which reserves all rights to such property.
Privacy Statement for STAR VIP CLUB
KIOI-FM and Triton Loyalty (collectively, 'us', 'we', 'Operators') have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the STAR VIP CLUB website ('Site').
GENERAL PRIVACY GUIDELINES
We use your Personal Information to provide you with the features, services, or goods you request and to respond to billing and/or other such questions related to the Operators or Site. We will also use your Personal Information to notify you about updates, new features, programming and activities on behalf of the Operators, Site, or our Advertisers that may be of interest to you. (We explain below in the next section what our policy is for the collection, use and disclosure of Personal Information to Advertisers.)
We may also use your information for hiring, operational and business purposes, or to find out how we can improve our Site via surveys or online tracking mechanisms. We use aggregate Personal Information to help us to evaluate and modify existing services and features. We also use your Personal Information to develop new services and features that may be of interest to you.
We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to other third party marketers or any such persons that are not associated with the Operators as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or the Operators; or 4) to enforce the Terms and Conditions of the Site.
It is also necessary that we share your Personal Information and Sensitive Personal Information with our operational service providers, the specialists that provide internal support to the Operators operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the Operators or website. Additionally, such providers are not to use your Personal Information for their own marketing or promotional purposes.
We reserve the right to collect Personal Information using any new technology yet to be developed and to use such technology to provide new services and features to you, as well as for marketing and promotional purposes. Specific information regarding your choice to Opt-in or to Opt-out to such use, or for sharing your Personal Information with Advertisers, will be provided once the new technology, service, or feature is introduced.
WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Our Site's registration form requires users to give us contact information (like their first and last name, mailing address, phone number, and email address) and demographic information (like their zip code, age, or gender). We use customer contact information from the registration form to send the user information about the rewards service, and to notify and ship prizes to the winners of auctions, sweepstakes, or contests as well as mail checks for cash earned on purchases made through the rewards service. The customer's contact information is also used to contact the visitor when necessary. We give users the option to remove their information from our database, to not receive future communications, or to no longer receive our service, by submitting your request to Member Support. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers and other third parties on an aggregate basis.
Unless stated otherwise, we do not request contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as ".net" or ".com") as part of the contact information. Federal law prohibits the sending of commercial email messages directly to a wireless device that uses a domain name, unless you have first given your affirmative consent. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest or membership club. However, we will not knowingly use that contact information for sending commercial email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name as such messages are not deemed to be commercial email and therefore, are not regulated by Federal law. However, when "computer to phone" commercial emails are prohibited by law, we may reject your wireless device contact information when such information is submitted for certain Site features or services. We will attempt to notify you if we will need new contact information.
For specific purposes (such as the purchase of goods and services) we may request a type of confidential personally identifiable information which shall be called "Sensitive Personal Information" and is defined as any individual's: (1) social security number; (2) driver's license number or state identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual's financial account. This Sensitive Personal Information will only be used to implement the specific activity or event it was submitted for. We will not share your Sensitive Personal Information with Advertisers.
However, more general Personal Information will be used to implement the specific activity or event and will also be used for the marketing of additional events, services and merchandising for this Site and the Operators.
If you sign up for an email newsletter or alert, we will use your email address to deliver the newsletter or alert requested. To opt-out of any newsletter or alert, click the unsubscribe link at the bottom of the email or alert you received or go to Subscriptions and uncheck the box or boxes for the newsletters or alerts you wish to opt-out of.
DISCLOSURE TO ADVERTISERS
Advertising support allows us to offer, free of charge, many great activities and services to our users such as contests, sweepstakes and special events. Therefore, we may also use your Personal Information for the marketing of events, products or services of our generous Advertisers. There are two ways users may receive such information from Advertisers, either indirectly via newsletters, email or direct mail from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.
Our opt-in program allows you the opportunity to request to be contacted with additional information, to receive special offers and/or to receive materials from Advertisers. If you elect to opt-in to receive information, materials or special offers from these third parties, you give the Operators permission to transfer your personal information to our partners so they can fulfill your request. We will only share your information with those Advertisers or category of Advertisers you specifically opt-in to. Our third party partners have separate privacy and data collection practices; the Operators have no responsibility or liability for these independent policies.
If you do not want your personal information shared with Advertisers, please select the option to not participate in our opt-in program.
You have the option of completing online surveys as a part of the rewards service. Among other things, our surveys ask for demographic information (like income level). The information collected through these surveys is used to tailor our visitors' experience at our site and may be shared with advertisers and other third parties on an aggregate basis.
Our Site also provides users the opportunity to opt-out of receiving communications from us and our Advertisers at the point where we request information about the visitor.
We give users the option to remove their information from our database, to not receive future communications, or to no longer receive our service, by submitting your request to Member Support.
We conduct the collection, management, maintenance and storage of website user information in a secure and commercially reasonable manner using acceptable industry standards of security technology and practices (such as electronic security systems and password protections) to protect against the loss, misuse or alteration of Personal Information. We also request that our operational service providers take such precautions. The Operator databases are accessible only by authorized personnel.
However, please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. We use a secured connection only for the collection of Sensitive Personal Information, which is necessary for the purchase of goods or services, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
Although persons of all ages may visit our Site and participate in activities that do not require the collection of Personal Information or Sensitive Personal Information, we do not knowingly or intentionally collect Personal Information or Sensitive Personal Information from children under the age of 13. Except for the limited circumstances listed below, we will automatically reject and delete the registration or entry of any person we believe in good faith to be underage. Any false or fraudulent registration or entry from a minor will be deemed to be ineligible and will disqualify the minor from the receipt of a prize, benefit, or other participation.
Except to meet Federal Communications Commission ("FCC"), or other regulatory and legal purposes, we will not use, store, or disclose any child's Personal Information to a third party without prior parental consent.
This Site may have contests and prizes that could appeal to children. However, we do not knowingly or intentionally collect personal Information from children. If we unintentionally receive Personal Information from children under the age of 13 in relation to this activity, we will comply with the Children's Online Privacy Protection Act of 1998 ("COPPA") and reject and destroy such correspondence upon knowledge of such collection, except for the limited circumstances above. For more information about COPPA, please see the Federal Trade Commission's website: www.ftc.gov.
Your California Privacy Rights
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). You may contact us in two ways. Send email to Privacy Administrator at the email address listed in the Contact Us section below. Alternatively, you may contact the Operators at the physical address listed below in the Contact Us section of this privacy statement.
For requests sent via email, you must put the statement "Your California Privacy Rights" in the subject field of your email. All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
You can choose to have your computer warn you each time a cookie or image tag is being sent, or efficient and enjoyable - like the features mentioned above - and some of our other services will not function properly.
ADVERTISING AND OTHER THIRD PARTY CONTENT
HYPER LINKS TO OTHER WEBSITES
This Site often provides links to third party websites that could be of interest to our users, including the websites of our Advertisers. The Operators do not own or control these websites and therefore, are not responsible for the content, business practices, nor operations of such websites. Third party websites linked on this Site may have different privacy policies and business practices than we do. The presence of a link to a third party website does not constitute or imply our endorsement, recommendation, or sponsorship of the third party content, goods, or services available through, or contained on, the Site. By use of this Site, you have agreed that you will use the hyperlinks to third party sites at your own risk.
We give users the option to change and modify information previously provided, by visiting the "My Account" section of the website or by submitting your request to Member Support.
For communications related to Your California Privacy Rights, contact us at the address below. For requests sent via email, you must put the statement "Your California Privacy Rights" in the subject field of your email.
attn: Your California Privacy Rights
500 Chastain Center Blvd.
Kennesaw, GA 30144
If you have any other questions about this privacy statement, the practices of this Site, or your dealings with this Site, you contact us at the address below. For requests sent via email, you must put the statement "Privacy" in the subject field of your email.
500 Chastain Center Blvd.
Kennesaw, GA 30144
Station: KIOI-FM. (the “Station”)
PURCHASE OR PAYMENT OF ANY
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 contests substantially as described in the official contest 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. For a list of participating stations and/or a copy of the official contest rules, please visit the office of the participating station during normal business hours or send your request to as instructed herein.
The Contest is administered by the Company and any questions, comments or complaints regarding the Contest must be directed to the contest administrator. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with Clear Channel privacy practices found here. The Company, and any of its respective affiliates, together with the applicable sponsor(s), promotional partner(s), administrator and third party prize fulfillment service provider(s), if any, shall collectively herein be referred to as the “Contest Entities”.
ENTRY GUIDELINES: All entries submitted should comply with the following entry guidelines.
Contest submissions are limited to amateur photographers only. An amateur is defined as an individual earning 10 percent or less of his/her income from photography. The photograph (the “Photo”) must have been taken by entrant. All entries must be submitted and received before the registration deadline. Limit of one Photo entry per email address per person.
SUBMISSION CRITERIA: Entry submissions must be made by submitting a photo of the contestant and their spouse or significant other; Company will not take submissions from a 3rd party. Proof of ownership may be required by contest judges. Entrant must be the party photographed in the submitted photo. Altered or electronically enhanced images will not be considered. Contest submissions must be submitted and received before the registration deadline. Limit of one submission entry per email address per person (Entrant).
Format of the Photo
ü While choosing the photo for submission ensure that the picture is of high quality and that entrant and ‘sweetheart’ are the only ones photographed in that photo;
ü Entries shall be submitted only by persons who are 18 years of age or older;
photos must be digitally produced (JPG, GIF, or
ü Photographs must be high resolution, a minimum of 1200 x 1200 pixels (must not be smaller than 300 dpi);
ü file size of the digital image should not exceed 2MB;
ü Photo of different size and format will not be successfully uploaded;
ü Camera phone photographs may not produce a high resolution photograph and may be disqualified;
ü No additional people will be permitted in the picture; any Entry that includes additional people will be disqualified;
ü Photographs must be original, unpublished, and not copyrighted;
ü The photo may be color or black and white;
ü Photographs may not be embellished with text or art;
ü Photographs may not be edited or altered (other than minor color, contrast, or sharpness adjustments.)
ü Altered, manipulated or electronically enhanced images except for cropping, red eye removal and adjustment for color and brightness; will not be considered;
ü Any entry received in the mail or hand delivered will be deemed ineligible and may be discarded at the discretion of the Company; and
ü Photos submitted by entrants that do not meet the entry requirements will be considered void and invalid for entry.
ü The Company reserves the right to reject any photograph that they define as unacceptable.
ü Photo submitted for the contest should not have any copyright restriction. In case any issue arises; it will be the sole responsibility of the participant.
REGARDING THE APPROPRIATENESS OF THE CONTENT OF THE SUBMISSIONS SHALL BE AT THE
SOLE DISCRETION OF THE COMPANY
CONTEST MATERIALS: "Materials" include:  all information and material submitted by you in connection with the Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a Contestant, whether required by Company prior to or after Entry;  your name, likeness, image and biographical data as contained in or reflected by the Entry and  all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to Company or not, including the Entry.
SUBMISSION GUIDELINES FOR USER CONTENT: Any content submitted to the Company must adhere to these guidelines.
· Must be FCC acceptable, including no use of indecent or obscene material or language.
· Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
· No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
· No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
· No misrepresentation or disparaging remarks about Sponsor or its products, or other people, products or companies.
· No content which implies or portrays graphic violence excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous.
· No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the “N” word), threats, intimidations, or hostile acts.
· No content communicating messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
· Must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.
· Cannot depict, and cannot itself, be in violation of any law.
· Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
Company and sponsor reserve the right to reject any entry, in their sole
discretion, based on the terms set forth herein as well as current broadcast
standards and other programming and operating practices and policies
established by the Company for airing advertising. The Company reserves the
right to waive the Contest entry requirements set forth herein in its
reasonable discretion. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY THE
COMPANY OR SPONSOR
WARRANTY: By submitting an Entry you warrant and represent that the Entry is an original work, created solely by you (or by yourself and others who have each granted you authority to license the rights stated herein), and that the use of the Entry as licensed hereunder does not infringe on any third party’s intellectual property rights, including copyrights, trademarks or other proprietary or personal rights. You warrant and represent that the Entry does not contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or threatening material. The recorded or photographed material submitted shall be that of your own and/or you control 100% of the rights to the publishing. The Entry shall be free and clear of any claims by any person whose performances, images or depictions are embodied in the work, or any person rendering services in connection with the work. The Entry shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Station reserves the right to remove and Entry that it deems to be in violation of these Official Rules.
CONDITIONS ON PARTICIPATION: By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station and the Contest Sponsor, that the decisions of the Station is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; and (d) if you are granting rights to the entry submitted in the Contest and is a party to any third party agreement with a publishing company or any other third party, such agreement does interfere with the rights granted to the entry in this Contest and/or receipt of any of the prizes listed herein, nor will you (or you and others who have each granted you authority to license the rights stated herein) enter into an agreement with any entity that would grant or transfer any rights of your entry submitted herein.
PUBLICITY RELEASE: Additionally, you agree to grant to the Company all rights to use any Entry that you submit, and the image, likeness, voice, name and photographs in the Entry or otherwise submitted or provided by you in any publicity or advertising relating to the Entry or the Company and the Contest, without compensation or approval (except where prohibited by law) in any and all media now known or hereinafter developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS: If you think that any Entry infringes your intellectual property rights, click here if you wish to report it [link to DMCA takedown policy]
1. Description of Contest/Participation.
DATES OF CONTEST: Contest will begin
REGISTRATION is Thursday,
All photos entered into the contest that meet the “Hawaii Integration”
criteria, will also be entered into the
How to Enter: Entries must
include the material submission as described herein. All entries must follow
the Entry Guidelines set forth above. Submit your entry by logging onto
the Station’s website beginning
BY ENTERING THE CONTEST, YOU
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 Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is 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 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, 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 Contest promotion. Entries must contain all information requested and must be received on or before the deadline for registration to be considered valid. Entries will be disqualified if found to be incomplete 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 contest, 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 Contest and the selection of potential winners are final and binding in all matters related to the Contest.
VOTING & JUDGMENT PROCESS: The voting of the submissions entered will be divided in two parts, which are Judges Votes and Public votes. Judges vote are based on the defined parameters mentioned below. The voters will be allowed to vote only once in a day per verified email address. Voting criteria rests solely at the discretion of those who vote. A strict security has been designed to monitor any vote tampering in this process. If noticed an attempt to circumvent the rules of voting by any other method to increase the number of votes, those polls will not be added and that particular submission may be disqualified at the discretion of the Company. The decision of disqualifying any submission due to the breach of the rules will be completely at the sole discretion of the Company and will take place without any intimation to the entrants.
to vote on the entry submissions. Deadline for public voting is
Voting is limited to one vote per verified email address per day. If an entrant receives irregular or fraudulent votes or multiple votes from the same user or users in one day, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Company reserves the right to disqualify the finalist in its sole discretion.
In the event of two or more contestants have
the same number of votes; the Station will elect a panel of judges to determine
the finalist(s) based on the judging criteria, listed herein.
Final Judging Period: Entrants
agree that all decisions made by the Company and judges relating to any and all
issues related to this Contest are final and binding. At
the conclusion of the final voting deadline, the 5 photo submissions with the absolute highest vote
count will be judged to determine the winner. On or about
Judging criteria used for the judges is based on the following equally weighted criteria:
1. Popularity based upon Public Voting
3. Most photogenic
6. Integration of Hawaiian theme into the photo
NOTICE: 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 Contest 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 Contest 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 Contest; (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 contest that participation may be required to be considered eligible.
2. Prize(s). 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 sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Company. Administrator is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment company. The Company is not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this contest.The prize is awarded if properly claimed according to the Rules and if there are sufficient eligible entries. The Company 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, 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 contest, 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:
Prize: Trip for two (2) to
Conditions and restrictions may apply. All
applicable taxes (including, but not limited to all local, state and federal
taxes) on all respective prizes awarded, upgrades and any other expense(s) not
specifically identified in these Official Rules as included in a prize are the
sole responsibility of each winner. 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 the
Company’s sole discretion. All prizes must be
redeemed within 30 days of the contest end date unless otherwise stated in the
contest’s official rules or upon notification, or unless required as in date
specific prizes. Certain prizes are date
specific (i.e. concerts, trips) and the winner or winners 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 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. The
Company reserves the right to substitute a prize, in whole or in part, with
another prize (or prize component) of equal or greater value or alternatively may
substitute such prize with a comparable prize (or prize component) of like per the Company’s
discretion, if for any reason a prize, or any portion thereof, as described
herein should become
unavailable. Any prize substitution
shall be at the sole discretion of the Company and or Sponsor(s). When
applicable prizes involving personal appearances of artists or celebrities are
subject to artist/celebrity’s schedule. If, after a prize has been selected and
ticketing has been completed, artist/celebrity is unable to appear, such
portions of the prize will be forfeited and Sponsor and/or the Company shall
have no further obligation to winner. Winner(s)
must present state authorized identification prior to being awarded the
prize. Winner may be required to present a copy of a valid social security card
and valid identification as a condition of participating or receiving any prize
when winner will be issued an
Eligibility and Limitations. Unless otherwise
stated herein above, participants and winner(s) must be at least 18-years old,
as of the date of entry and prize award and is a legal resident of the 50 U.S.
or D.C. Participants and winners must reside within the participating Station’s
Total Market Area (
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 Contest; (ii) attempting to undermine the legitimate
operation of the Contest 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
DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE
THE OPERATION OF THIS CONTEST
5. Voting Contests. 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 its sole discretion. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per person/verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, 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.
Created Content. If the
entry for the contest includes any creative material from the participant,
including but not limited to, consumer created content, by submitting your
entry: (1) you agree that your disclosure is gratuitous, unsolicited and
without restriction and will not place the company or contest sponsors under
any fiduciary or other obligation, that the company is free to disclose the
ideas on a non-confidential basis to anyone or otherwise use the ideas without
any additional compensation to you; (2)
you acknowledge that, by acceptance of your submission, the company and contest
sponsors do not waive any rights to use similar or related ideas previously
known to sponsor, or developed by their employees, or obtained from sources
other than you; (3) you are verifying that you are the owner and producer of
the submitted material and that no third party ownership rights exist to any
material submitted, and (4) you are hereby granting the company and the station
a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through
multiple tiers) right and license to use, publish, reproduce, display, perform,
adapt, modify, distribute, have distributed and promote such content in any
form, in all media now known or hereinafter created, anywhere in the world, for
any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER
content cannot promote alcohol, illegal
drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular political
agenda or message; (d) cannot be obscene or offensive, endorse any form of hate
or hate group; (e) cannot defame, misrepresent or contain disparaging remarks
about Company or its products, or other people, products or companies; (f)
cannot contain trademarks, logos or trade dress owned by others, or advertise
or promote any brand or product of any kind, without permission, or contain any
personal identification, such as license plate numbers, personal names, e-mail
addresses or street addresses; (g)
cannot contain copyrighted materials owned by others (including photographs,
sculptures, paintings and other works of art or images published on or in
websites, television, movies or other media) without permission; Company does
not permit the infringement of others’ rights and any use of materials not
original to the entrant (except copyrighted materials owned by Company) is
grounds for disqualification from the Contest.
Do not copy your favorite movie, book or photo or include materials,
images, graphics, music or trademarks belonging to any third parties or
incorporate the names, voices, likeness or personas of any party other than
yourself unless you have obtained all rights necessary to permit you to use
same in connection with your content and grant the rights herein granted to
Company; (h) no background artwork should appear in an content unless it is an
original work of the entrant. Any
artwork, murals, etc. that can be seen in the content must be created solely by
the entrant or entrant must be the sole owner of all copyright interests
therein; (i) cannot contain materials embodying the names, likenesses,
photographs, or other indicia identifying any person, living or dead, without
permission; (j) cannot communicate messages or images inconsistent with the
positive images and/or goodwill to which Company wishes to associate; and (k)
cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE
WEBSITE WERE NOT EDITED BY COMPANY
8. Releases and Conditions. As a condition of participating in the Contest, 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. 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, prize provider(s), any applicable third party fulfillment service, and each of 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. 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, 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 Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, any participating Station, and when applicable the Contest’s sponsor(s), prize provider(s), third party fulfillment service, and each of 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 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 Contest 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 Contest 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.
9. 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. 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, regardless of whether prize is used in
whole or in part. 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
10. 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 Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest 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 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. The Company further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the contest if, in the sole discretion of the Company, it is impossible or impractical to complete the contest 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 Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical. The Company’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Company, any segment of the Contest is delayed, rescheduled, postponed or cancelled, the Company reserves the right, but not the obligation, to modify, suspend or cancel the Contest and shall not be required to award a substitute prize.
11. Miscellaneous. Void outside the United States, and wherever prohibited or restricted by law. Company 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 Contest Period from all participating stations. 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 participating Station during normal business hours or visit the Station’s website. 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. Participation in the Contest 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.
12. 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. The Company and participating 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.
Limitation on Liability
By entering, all entrants release Sponsor, Service Provider, and their respective affiliates, subsidiaries, parent companies, officers, directors, agents, promotional partners and employees from any and all liability with respect to or in any way arising from this Contest and/or acceptance or use or mis-use of any prize, including, but not limited to, liability for personal injury, death, damages, or loss. Sponsor and Service Provider are not responsible for prize quality or utility, and are not responsible for any incorrect or inaccurate information, whether caused by entrants, website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest. Sponsor and Service Provider assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. Sponsor and Service Provider are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person's computer or data related to or resulting from participating or downloading materials in this Web site or Contest. Sponsor and Service Provider are not responsible for cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Contest, or to defraud the Sponsor or Service Provider in any way may be prosecuted to the fullest extent of the law. Participants engaging in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the Contest is not capable of operating as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor and/or Service Provider which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor and/or Service Provider reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and award prizes among eligible entries received prior to the termination date. Only the number of prizes stated in these Official Rules and/or the Contest Microsite are available to be won in this Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor and/or Service Provider reserve the right to award only the stated number of prizes based upon the entries that received the highest scores.
For a Winner's List, available thirty (30) days following the end of the Contest, send a self-addressed, stamped envelope to: [Insert contest name], Triton Digital Contest Winner's List, 500 Chastain Center Blvd., Suite 595, Kennesaw, GA 30144. VT residents may omit return postage for winners list requests.
This Contest is operated by the Sponsor. To contact the Sponsor, write to Service Provider, c/o Enticent, 500 Chastain Center Blvd., Suite 595, Kennesaw, GA 30144. Sponsor and Service Provider are not responsible for typographical, printing, or other errors in these Official Rules or in other materials relating to the Contest.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.