GENERAL CONTESTING GUIDELINES
Sweepstakes consist of prizes being offered to participants who are randomly selected whereas a Contest involves an entrant’s participation and may even require participants to use their specific skills to solve or complete a specified task or objective in order to qualify for an award or they may be asked to submit an entry form which will be judged by the Station using pre-defined specific criteria. For all purposes contained hereinafter the term “Contest” shall collectively refer to both Sweepstakes and Contests.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Unless the specific contest rules specify a specific type of contest entrance and applicability, any contest or promotion run or aired on any station of Press Communications, LLC can be entered into for “free” as follows: to enter offline, you must mail a 3 x 5 card to Press Communications, LLC at 2355 West Bangs Ave, Neptune NJ 07753 – Attention: Promotions Dept. You may enter offline as often as you wish, but 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 entrants name, email address, age, gender, and the name of the Contest you are entering. All such entries must be received on or before the entry deadline, except that if an entry deadline is on a Saturday, Sunday or holiday, then such entry must be received by the immediate preceding business day to be consider eligible for that Contest. Failure to comply with these terms shall make any such entry invalid.
Winners must be available and reachable through the contact information they supply within two weeks of winning any such contest. In the case of an event that is to occur in less than two weeks, the winner must respond to Press Communications, LLC no later than 4 days prior to such event taking place to allow such time to coordinate the prize won. Failure to respond within the foregoing timeframes may result in the winner being disqualified and Press Communications, LLC thereby reserves to right to re-issue to prize to another contest entrant.
Minimum age and eligibility requirements will vary depending on the nature of the contest. Subject to the specific contest rules that we may publish from time to time, conditions and eligibility may change. In general, all contestants must be at least 21 years old to be eligible for all contests affiliated with an alcoholic beverage manufacturer or distributor. Contest that includes hotel/motel accommodations, motor vehicles, boats, and/or air travel as prizes overnight stay, the recipient of such prizes must be at least 18 years old (unless otherwise instructed) to be eligible to participate in such contests. Participants for any contests whom are under the age of 18 must be accompanied by a parent or guardian to redeem any contest prize. Contests administered by Press Communications, LLC are open to legal residents of the fifty (50) United States and the District of Columbia unless such specific contest has rules that state otherwise. If you are not a permanent resident of one of the 50 states or you are not the required age as of time of entry, you are not eligible to enter the Contest or to win a Prize. VOID IN ANY LOCATION WHERE PROHIBITED OR RESTRICTED BY ANY SUCH STATUTORY LAW. Odds of winning will vary and will depend upon the number of eligible entries received during any such Contest period.
By participating in any Press Communications, LLC contest, each participant agrees as follows:
1. All prizes will be mailed or sent electronically to winners unless otherwise instructed. If circumstances as dictated by the company require a winner to pick up a prize in person, they may be instructed to do so at the Press Communications offices at 2355 West Bangs Avenue, Neptune, NJ 07753, Monday through Friday, between 9am – 5pm. Prizes, including cash prizes, may take up to sixty (60) days to be available for redemption. Winners must provide legal identification to claim prize. All prizes must be claimed within thirty (30) days of official notification that the prize is available to be claimed. Prizes unclaimed after thirty (30) days of notification will be forfeited.
2. Tickets for concerts, events, and shows may be fulfilled electronically, and therefore will require a valid email address for fulfillment. Winner may also be required to directly establish an account with the venue or ticket provider in order to claim the ticket(s). A smart phone may also be required to display your tickets at venue to gain entry. If Press Communications LLC or the venue provider is unable to complete a transfer of tickets to a winner due to winner’s technical difficulties with any of the above, winner will forfeit such tickets and Press Communications, LLC / venue will not be responsible for any such technical difficulty. Tickets may be transferred to winners up to and including the day of event, depending on when such tickets are made available by the venue to the winner or to Press Communications, LLC. Where Press Communications, LLC is to receive such tickets from the venue, they will in turn distribute the tickets to winners via the email address supplied by such contest entrants.
3. Prizes are non-transferable. No cash equivalent will be offered in substitution of prize. No prizes may be substituted or exchanged for other prizes.
4. Employees and the immediate family members of WHTG-AM, WWZY-FM, WBHX-FM, WKMK-FM, WTHJ-FM, and WBBO-FM, Press Communications, LLC (hereinafter referred to as the “Company” or “Press Communications, LLC”), contest sponsors, their associated advertising agencies and their immediate families, as well as employees of other radio and television stations and their immediate families in or serving the Monmouth/ Ocean Nielsen TSA are not eligible to win. Total Survey Area (TSA) as defined by Nielson represents the total overall radio station’s comprehensive listening market audience within a geographic area encompassing all industry defined media market areas. 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.
5. Winners forever release and agree to indemnify and hold harmless Press Communications, LLC, their agents, officers, employees and directors from and for any claim liability, income tax, loss or damage caused by or arising out of participation in a contest and/or use of a prize.
6. Any valuation of the prize(s) stated in contest rules is based on the 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 and/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. Prize winners will be responsible for any and all applicable taxes and fees on prizes won.
7. Any contest prizing promoted as “cash” or “check” will be paid and mailed to the winner at the address supplied and in the amount so specified. Any contest prize listed as a “gift card” or “other item” of value, may be fulfilled by Press Communications, LLC with the prize so noted or in a cash equivalent value (at their sole discretion and where applicable).
8. Prizes may have been furnished for promotional or advertising consideration.
9. Unless otherwise specified, one (1) qualified contestant per household per residential address is eligible to win any contest furnished by Press Communications, LLC, including but not limited to contests featured on any and all company platforms, only once every sixty (60) days and any individual prize valued at $600 or more, only once every six (6) months.
10. The Company and its authorized representatives reserve the right to postpone, reschedule, delay, and/or modify the contest dates and/or method of entry at any time. The Company may be excused from its obligation to execute the contest if its performance is delayed or prevented due to cause beyond its control, including but not limited to acts of God, public enemies, war, civil disorder, fire, flood, explosion, labor disputes or strikes, mail related errors, phone disruption, ISP or carrier disruption and any acts by any governmental or business authorities external to the Company.
11. Press Communications, LLC reserves the right to refuse awarding any prize to a person who is determined to have violated any of the Press Communications, LLC Contest Rule(s).
12. By participating, where allowed by law, all participants(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with the specific promotion and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in a Contest, where allowed by law, participants agree that the Company may use such information for marketing and general business purposes, and may include the names of winners in a publicly available winners’ list. For more information about how the Company will use information collected in connection with the Contest, please see Company’s privacy policy link by accessing the individual Station’s website or visit any Company during normal business hours for a printed copy. Participants agree to opt-in with carefully selected third parties such as the promotional partners, who may offer participant products and services of interest with your expressed consent. If a participant has accepted entry they agree to the opt in opportunities provided from a third party, that may or may not be associated with the Contest, participant understands and acknowledges that information (including participant’s personally identifiable information) provided will be collected independently by the Company and the third party providing the opt in opportunity and individually be used by both company’s subject to the terms of their respective privacy policies. Any continued opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning. Participants may opt-out at any time through the "Unsubscribe" link contained in promotional emails. Opt-out does not diminish or improve chances of winning. Winners hereby consent to allow the Company and its radio stations to use their name, voice and/or likeness for advertising and promotional purposes without additional compensation.
13. Any promotion run on the Facebook, Twitter, Instagram, YouTube or other 3rd party platform or social media is in no way sponsored, endorsed or administered by, or associated with said third parties. You understand that by participating in certain Contests, you may be providing your information to Press Communications, LLC as well as other 3rd party platform(s). The information you provide may be used as described in these Contest rules in addition to the use, terms & policies of said third-party platforms.
14. A copy of the official rules may be obtained by stopping by the Company’s offices during regular business hours; by sending a self-addressed envelope to the Company or by corresponding with Company officials via the station’s web Press Websites.
15. Odds of winning vary and are subject to things like the number of phone calls or entries received amongst other factors. The Company is not responsible for failure of any caller to successfully dial the radio station studio lines, any callers who may be disconnected, or any other technical difficulties that may occur during Contest periods. Company is not responsible for any entries lost in the mail.
16. The Company reserves the right to change or alter the official rules, method of entry and/or prize(s) without prior notification.
17. The decision of the Company is final as to all Contests.
18. The Company keeps your email information confidential and will not make your address available to any other company or organization unless otherwise posted/stated upon entry. However, we may occasionally send you an email about a station(s) event(s) that include 3rd party content. If you do not wish to receive such mail, please opt out of receiving emails using the opt out link in the bottom of the last email you received.
19. Contestants may contact their local station to determine participation or visit the Station’s website. Entrant participation and how the winner will be determined will vary depending on the Contest as established by the Station at that time and announced accordingly. Please refer to the on-air announcement for specifics on participation and how a winner will be determined for the various Contests. Typically, only one entry per person per household is permitted for the duration of the Contest. Entries are subject to any applicable restrictions or eligibility requirements as specified in the Official Contest Rules for the particular contest of interest. Entries will be deemed made by the authorized account holder of the username, email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is strictly 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. The 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” or “Entrant” is defined as a singular natural person who is assigned a username, 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. When applicable the website administrator’s computer will be deemed, the official time keeping device for the Contest promotion. Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be acknowledged or returned. THE COMPANY‘S DECISIONS AS TO THE ADMINISTRATION AND OPERATION OF ITS CONTESTS AND OR THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO ANY CONTEST. In the event that a valid winner cannot be determined or verified, the Company in their sole discretion shall reserve the right to randomly select the potential Contest winner(s), from the eligible entries received or played on or before the registration deadline stated in the Official Rules when any circumstance has occurred causing the validity of a winner or the verification of such has been compromised.
20. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries.
21. Determination of Winners. For details on how to play or how to win various promotional Contests, listen to the Station for more information regarding specific Contests. Winners may be selected at random from the qualified entries received or by a panel of judges which first may or may not have been determined by public voting. If the entrant is unable to verify registration information the entrant will automatically be disqualified, and their prize will be forfeited. The Company reserves at its sole discretion the right to choose an alternative qualifier in the event in which a qualifier has been disqualified or is deemed ineligible for any reason the Company determines. The potential winner must be available to participate when applicable to be eligible for the Grand Prize in any portion to the contest that participation may be required. No more prizes other than the stated prize(s) will be awarded. If the entrant is unable to verify registration information the entrant will automatically be disqualified, and their prize will be forfeited. The Company reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. 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 or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Station is not obligated to leave voice mail, answering machine or other message. The Company, its agents or other 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 respond to notification attempts within 14 days of first notification (or sooner for time sensitive prizes such as concert tickets or otherwise) or if the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated in the specific Official Contest Rules, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. The Station, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time. Furthermore, eligible contestants agree as follows: All decisions of the company or judges will be final.
22. By participating in any Station contest, you agree (a) to be bound by these General Contesting Guidelines as well as the designated Official Contest Rules; (b) as between you and the Station, 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; (d) in the event that you do not comply with the rules, then the eligible winner will be disqualified. The Station, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
23. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE COMPANY, SPONSOR OR ADMINISTRATOR, THE DECISIONS THE COMPANY, ADMINISTRATOR AND/OR SPONSOR(S) ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME OR CONTEST SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL INSTANT WIN GAME WINNER AND/OR CONTEST WINNER HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. THE COMPANY WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID AND WILL NOT BE HONORED, NO EXCEPTIONS. Receiving a prize is contingent upon compliance with these general contesting guidelines and subject to the Official Rules of the specific contest. The potential winners will be notified by mail, text, email or phone. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence, the potential prize winner’s parent or guardian, may (in Company’s sole and absolute discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required release(s) (except where prohibited), twenty four (24) hours after the first date of notice or attempted notice is sent or the first delivery attempt to entrants e-mail address or otherwise, in order for the potential prize winner to be qualified and or claim his/her prize, unless otherwise stated in the Official Rules or per the instruction given at the time of notification. If a potential winner of any prize cannot be contacted, fails to sign and return the required forms within the specified time period (if applicable), then the potential winner forfeits the prize. In the event that a potential winner of any prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
24. 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, 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). 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. Conditions and restrictions may apply. 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 grand 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 ticket sponsor. Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Company. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded. 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 agrees 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, agents, and 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 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 other costs and expenses related to prize acceptance and use not specified as being provided are the sole responsibility of Grand Prize 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.
25. If a trip prize is awarded, where such trip might include such things as round-trip, coach class air transportation, hotel accommodations, meals, gratuities, luggage fees, etc. any difference between stated approximate retail value and actual value of Prize will not be awarded as a “cash true-up adjustment”. Selection of airline and hotel are solely within Company’s discretion, and incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified or prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Exact travel dates and arrangements subject to availability. Winner and travel guest(s) must travel on same itinerary. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs and agree to hold the Company harmless from any and all liability associated with trips. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license/US Passport) required for travel.
26. 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) registering multiple times using multiple email, phone or address information, (iv) intending to annoy, abuse, threaten or harass any other participants or the Company’s agents; and/or (v) otherwise violating the Contest’s Official Rules or the Terms of Use as noted on the Company’s website(s).
27. 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 per verified email address unless otherwise stated in the specific contest rules. 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. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. 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.
28. By participating in any Station 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. 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 or within the specific contest rules, including but not limited to the prize conditions in this paragraph. 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 (subject to legal restrictions, etc.). By accepting the prize, the Winner must agree to the prize conditions as to participation and may be required to 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, its agents, 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.
29. 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 slowdown, 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 in the specific contest rules as being provided are the sole responsibility of prize winner. The Company, its agents, Sponsor(s), and Station(s) 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.
30. 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 the Contest 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 may waive or amend any of the rules in its sole discretion. Any reference in the Contest’s 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 the 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.
Methods Of Entry:
31. ON-LINE – Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations or other streaming issues due to bandwidth limitations, or otherwise. Listen to the Station for the times to play and how to enter or participate in a specific contest. The dates, times, entry methods, winner selection and prizes will vary with each station giveaway, as determined by the Station and announced.
32. TEXT – For contests with text-message based entry, entrants will be asked through on-air announcements, or via web, or texted message, or emailed message, to provide certain information via a text message submission or as otherwise stated in the Contest’s Official Rules. STANDARD TEXT MESSAGING RATES, AS ESTABLISHED BY AN INDIVIDUAL’S WIRELESS CARRIER, WILL APPLY, AND THE COMPANY / STATION(S) ASSUME NO RESPONSIBILITY FOR ANY FEES OR CHARGES INCURRED FOR AND ASSOCIATED WITH ANY TEXT MESSAGE SENT TO OR FROM THE STATION. Text message-based entry is subject to the on- air contest rules and the Official Contest Rules. For texting entries, one entry per phone will be permitted, unless otherwise specified. Decisions of the Company are final. Such decisions may include, but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Station(s), the order in which text message entries are received, the eligibility of the entrant, and, in the event entry requires the submission of an answer or response, whether that answer or response is correct. By participating in the contest, entrants agree that the Station may contact them, via phone or text message, at the telephone number from which the text message entry was received. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. By participating in a contest in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; the Company does not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry. The Company will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Company, through its third-party text messaging administrators, will store all messages received on its system. The company is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Company further reserves the right to 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.
33. CALL-IN’s – For call in to win contests, a “sounder” or cue to call will be aired randomly at various times along with a message instructing listeners to call for a chance to become a winner. 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. 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 vary in retail value. 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. Winner must be the designated caller to the phone number announced; the designated caller, if eligible, will be a winner. If Company determines the designated caller is not eligible, the Company may select the next consecutive eligible caller as the winner for that playtime. Listen to the participating stations for details on specific times to play. Listeners may be listening via the Station’s web stream on the Internet. In this case, please be advised that you may be listening to a delayed stream of the radio signal, which may vary depending on your computer’s memory capacity and the speed of your internet connection. For that reason, we strongly recommend that you turn on your terrestrial radio to the Station to participate in any call-in contest to be sure you are participating in “real time.” The Company assumes no responsibility for contestants not making timely phone calls to the station as a result of the delays in the Internet stream.
34. SCRATCH TO WIN AND OTHER INSTANT GAMES – Scratch to Win and other Instant Win Games are accessed via the Station(s) website. Contestant must visit a participating Station website to locate the scratch-to-win banner and/or instant-win-game. Click on the virtual scratcher banner located on the station’s website, then rub off the designated scratch area on the game card to reveal if you have won an instant prize. The number of actual winners may vary based on distribution and number of prizes claimed. Contestants may only win one (1) instant win prize for the duration of the contest. Follow -the links and instructions to complete and submit the registration form including a valid home address (P.O. Boxes are not permitted). The Instant Win Game results will be instantly displayed. Potential winners of the Instant Win Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator will not be responsible for the functionality of the Instant Win Game and shall reserve the right to terminate the contest early in the event, including but not limited to an electronic malfunction, third party breech, user manipulation or misuse of the banner tool. The number of actual winners may vary based on distribution and number of prizes.
35. ON-LINE REGISTRATION – For Register online to win contests start by logging onto the Station’s website during the stated contest period and follow the contest links to complete the on-line registration form. Valid contest entries must contain all information requested and must be received by the Website’s administrator on or before the deadline for registration. Limit one (1) online entry per name and/or verified email address unless otherwise stated. Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. Incomplete will be disqualified, in the case of single-entry contests multiple entries will be disqualified. While entries will be checked, and regulated via IP address, captcha fields and other methods to verify adherence to the rules set forth here, The Company ultimately reserves the right to disqualify or eliminate entries and/or participants for any reason.
Disclaimers:
36. These rules apply to all Press Communications, LLC sponsored contests unless modified or superseded by rules written for a specific contest, or if inapplicable for such a promotion or contest. In the event any specific contest rule conflicts with any of the general rules provided above, the specific contest rules prevail. Press Communications, LLC reserves the right in its sole discretion to supplement or make changes to the rules of any contest at any time without notice. Press Communications, LLC reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants. Press Communications, LLC shall not be responsible for any administrative errors involved in the execution of any contest.
37. Individual Stations reserve the right to amend portions of the general contesting guidelines such specifically the eligibility of winner. In the event that an individual Station has made changes subject to the official rules, said changes shall individually apply to that specific Station’s individually and the Station’s listener’s participation and shall not apply to any other individual station. To determine if your local station has provided an addendum to these rules or for more information about the local station’s eligibility for participation you may contact the local station during regular business hours. Individual stations may or may not amend portions of these guidelines at a local level in their sole discretion. If an individual Station has amended any portion of these guidelines, the station will provide an addendum to these rules which will be deemed part of the general contesting guidelines for the individual station identified on the addendum.
“Submission" contests:
For Contests which require participants to submit user created content for entry the following general terms and conditions shall apply, subject to the respective contest official rules that the contestant is participating in.
By submitting a video or photo or other content created by you (“Submission”) for a Contest conducted by this Press Communications, LLC Station(s) (“Station”), you hereby warrant and represent your entry conforms to the requirements as set forth herein and as stated in the Contest Official Rules available on this website. By making a Submission, you hereby agree to be bound by the Terms & Conditions and by the Contest Official Rules. All Contest entries are subject to the Contest Official Rules. In general, all submissions must meet the minimal following requirements:
· Submission cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
· submission 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;
· Submission cannot be obscene or offensive, endorse any form of hate or hate group;
· Submission cannot defame, misrepresent or contain disparaging remarks about Station or its products, or other people, products or companies;
· Submission 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;
· Submission 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 or musical “samples” other than the musical tracks provided) without permission;
· Submission cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than you, without permission from the third-party or a parent or legal guardian if the third-party is a minor;
· Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Station wishes to associate; and
· Submission cannot depict, and cannot itself, be in violation of any law.
BY MAKING A SUBMISSION, YOU ACKNOWLEDGE THAT YOUR SUBMISSION MAY BE POSTED ON STATION’S WEBSITE, IN STATION’S DISCRETION.
Station reserves the right to and may or may not monitor/screen Submissions prior to posting them to the Website. By making a Submission, you acknowledge that Station has no obligation to use or post any Submission you make. You hereby agree to grant Station and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Submission in any way, in any and all media, without limitation, and without any consideration to you.
By making a Submission you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtain permission from a person who’s name, likeness or voice is used in the Submission and (f) and that publication of the Submission via various media including Web posting, will not infringe on the rights any third party rights. You further agree to defend, indemnify and hold harmless, Station from any claims to the contrary.
By accepting a prize, you agree that your submission will be deemed a “Work Made For Hire” under the Copyright laws of the United States, but if it cannot be so deemed, then you agree to irrevocably assign and transfer to Station all of your right, title and interest in and to your Submission, including all but not limited to all copyright and trademark rights which you may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.
You hereby waive in favor of Station, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that you may now or later have to your Submission. Station reserves the right to alter, change or modify the Submission, in its sole discretion. Upon request of Station, you shall execute and deliver such additional instrument of assignment, as may be solely deemed by Station, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Station fail to request the said assignment as stated, that shall not be deemed a waiver of Station’s rights and Station may at a later time request the assignment. Further, Station may request, that you secure from any model(s) or videographer an irrevocable assignment and transfer to Station all of any model(s) or videographer’s right, title and interest in and to your Submission, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of Station, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Submission. Should Station fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Station’s rights and Station may at a later time request the assignment(s).
By making a submission, you agree that your submission is gratuitous and made without restriction, and will not place Station under any obligation, that Station is free to disclose or otherwise disclose the ideas contained in the Submission on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Station does not waive any rights to use similar or related ideas previously known to Station, or developed by its employees, or obtained from sources other than you.
SMS & Text Messaging:
By participating in sms/text messaging with the Company properties you authorize Press Communications, LLC to send you future automated marketing text messages at the mobile number you have provided. Consent is not conditioned on purchase. Any message sent to any of Press Communications, LLC station numbers by the user will be understood by both parties as an expression of consent by the user to receive SMS/Text messages from the Company properties. Consent may be withdrawn at any time by texting "Stop" to opt-out within any conversation, however subsequent messages sent to any of Press Communications, LLC station numbers by the user will reauthorize the company to engage in sms/text messaging.
You must have a two-way text-enabled phone with compatible carrier and plan. Compatible major carriers include Alltel Wireless, AT&T, Boost Mobile, Cricket, MetroPCS, Sprint, T-Mobile (R), U.S. Cellular, Verizon Wireless and Virgin Mobile USA. Text messaging is not available in all areas of the United States.
Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. Press Communications, LLC and carriers are not liable for delayed or undelivered messages.
By accepting the Terms and Conditions you warrant that you are of legal age of majority in your state of residence and have every right to contract in your own name without violating any other commitment.