General Rules for SummitMedia Radio Station Contests & Sweepstakes
SummitMedia, LLC (“Sponsor”) will conduct all SummitMedia radio station contests and sweepstakes (“Contests”) (each SummitMedia radio station conducting a Contest, the “sponsoring station” or “Station”), including on-air contests, online contests, mobile app contests, text-based contests, and contests conducted through a SummitMedia radio station’s social media account (e.g., Facebook, X (formerly Twitter), Instagram, TikTok, YouTube, etc.), substantially as described in these rules, which may be supplemented by separate specific rules for individual contests. If separate specific rules are issued for an individual Contest, the specific rules and these Official General Rules (the “Official Rules”) will be read together. If they conflict, the specific rules control only as to the conflicting term. All other provisions of these Official General Rules, including Sections 9 (Entry Conditions and Release), 14 (Limitations of Liability) and 15 (Disputes), remain in full force and effect. By participating, each participant agrees as follows:
1. NO PURCHASE IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCES OF WINNING. Where a Contest offers entry by text message or mobile app, a free alternative method of entry will be described in the specific rules. Void where prohibited by law. All federal, state, and local regulations apply.
2. ELIGIBILITY. Unless otherwise specified, all Contests are open only to legal U.S. residents age eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in the sponsoring SummitMedia radio station’s listening area. Any potential winner who has not reached the age of majority in his or her state of residence must have a parent or legal guardian co-sign the affidavit of eligibility and the liability/publicity release, and the prize may be awarded in the name of the parent or legal guardian, who will be responsible for all associated taxes. No one under eighteen (18) years of age may enter any Contest, and Sponsor does not knowingly collect personal information from anyone under thirteen (13) years of age. Unless otherwise specified, employees of SummitMedia, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the SummitMedia radio station’s listening area, and the immediate family members and household members of all such employees are not eligible to participate. Contests involving alcohol, casino, gaming or other age-restricted prizes are open only to entrants twenty-one (21) years of age or older. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The term “listening area” means the counties identified in the specific rules of the Contest or, if none are identified, the counties within the sponsoring station’s Nielsen Audio Metro Survey Area. Unless the specific rules state otherwise: (a) limit one prize per person and per household per Contest; (b) a person who has won any prize from any SummitMedia station within thirty (30) calendar days before or at any time during a Contest is not eligible to win that Contest; and (c) a person who has won prizes from SummitMedia stations with a total approximate retail value of more than $2,000 in a calendar quarter is not eligible to win another prize until the next calendar quarter. Entrants may not use an assumed name or alias (other than a screen name where a Contest involves use of a social media site). Participation in a Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions. Winning a prize is contingent upon fulfilling all requirements set forth herein and any separate specific rules for individual contests.
3. CONTEST PERIOD. The Contest will begin and end at the times specified by Sponsor. The sponsoring station’s designated computer system (or, for telephone entries, the station’s contest telephone system) is the official timekeeping device for all Contests. All times are local time for the sponsoring station. Material Terms. For each Contest, the sponsoring station will disclose, by periodic on-air announcements and/or written disclosure posted through a conspicuous link on the home page of the station’s website, the Contest’s material terms, including: how to enter; eligibility restrictions; entry deadlines; whether and when prizes can be won; the nature, number and approximate retail value of each prize and the basis for that value; the time and method of winner selection; and tie-breaking procedures. Written Contest terms will remain posted on the station’s website for at least thirty (30) days after the Contest ends. If an on-air announcement or advertisement misstates a material term, Sponsor will correct it on-air as soon as practicable, and the written rules posted on the station’s website will control.
4. HOW TO ENTER. Entry methods for each Contest will be specified by Sponsor and entries must be received during the Contest Period to be eligible.
a. Registration on Location. Any entry forms in a register-to-win on-location Contest must be handwritten, with all required information filled in.
b. For contests conducted on-air that allow telephone entry, at the time of their call, entrants must provide all requested information, including their first name and last name, complete address, city, state, zip code, email address, telephone number, and date of birth. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Sponsor. Telephone responses to “cues to call” are official only when heard on-air on the sponsoring station.
c. For contests that allow entry by submission of a text entry, mobile app entry, or website entry, all entrants must follow the “call to action” entry instructions and submit any requested information. Entrants hereby expressly consent to the receipt of a confirmatory bounce-back message related to the Contest. For text message contests, message and data rates may apply. Text message and other mobile device entries will be deemed made by the authorized account holder of the mobile account submitted at the time of entry. The authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. Multiple entrants are not permitted to share the same text or mobile telephone number. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Sponsor.
d. Each entry via mobile app, Facebook, Instagram, X (formerly Twitter), TikTok, YouTube or other social media must include requested information, including, where required, the entrant’s first name and last name, complete postal address (street, city, state, and zip code), email address, telephone number, and date of birth. Unless otherwise disclosed, no Contest is in any way sponsored, endorsed, administered by, or associated with Apple, iTunes, Google Play, Facebook, Instagram, X (formerly Twitter), TikTok, YouTube or other social media platform. By submission of an entry, an entrant releases Apple, iTunes, Google Play, Facebook, Instagram, X (formerly Twitter), TikTok, YouTube or other social media platform from any responsibility or liability for the Contest, prizes, or promotion. Entrants are providing entry information to the Sponsor and not to Apple, iTunes, Google Play, Facebook, Instagram, X (formerly Twitter), TikTok, YouTube or other social media platform.
In any contest using online voting, unless otherwise stated in the specific rules of that Contest, such voting is limited to one vote per verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same source, including votes generated by a program, script, macro or other automated means, Sponsor reserves the right to disqualify the entrant, in its sole discretion. Sponsor shall not be responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected entries, all of which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address or telephone number used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. A potential winner may be required to show proof of being the authorized account holder. Entries will not be returned. Sponsor may contact entrants using the contact information they provide to administer the Contest. Sponsor will not send marketing text messages or make autodialed or prerecorded marketing calls to any person without that person’s prior express written consent, and consent is not a condition of entry. Recipients may opt out of text messages at any time by replying STOP.
5. TELEPHONE AND DELIVERY DISCLAIMER. Participants are restricted to the use of ordinary telephone equipment. Participants who enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number. The Sponsor disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Due to the time delay that exists between a SummitMedia radio station’s analog over-the-air signal and its HD Radio, online stream, mobile app, smart speaker or other digital transmission, listeners who listen by any of those means may hear Contest information or a cue to call later than listeners to the station’s analog over-the-air signal. As a result, the odds of such a listener winning a Contest may be diminished.
6. WINNER SELECTION AND ODDS OF WINNING. Contest winners will be determined by the method stated in the specific rules for that Contest or announced on-air for that Contest. If the Contest requires an entrant to answer trivia, provide information or otherwise perform in some manner to participate and qualify to win, the decisions of Sponsor and/or any other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information or other performance. Odds of winning a Contest prize depend on a number of factors, including, but not limited to, the number of eligible entries received by Sponsor during the Contest Period and the number of listeners participating at any given time. Tie-Breaker. Unless the specific rules of a Contest state otherwise: (a) in any judged or skill-based Contest, tied entries will be re-scored by a judge who did not participate in the original judging, using the first-listed judging criterion, and any remaining tie will be broken by random drawing among the tied entries; and (b) in any other Contest, ties will be broken by random drawing among the tied eligible entries. The winning entrant will be contacted using the email address and/or telephone number provided with the entry and will be awarded the prize subject to verification of eligibility and compliance with the terms of these rules or the specific Contest rules. Sponsor’s decisions as to the administration and operation of Contests and the selection of potential winners are final and binding in all matters related to the Contest. Any protest regarding the conduct of the Contest, the selection of the winners, or the awarding of prizes must be made in writing within three (3) business days of the conclusion of the Contest; the resolution of any protest shall be in the sole discretion of Sponsor, whose decision shall be considered final.
7. NOTIFICATION AND VERIFICATION OF POTENTIAL WINNER. POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. The potential winner must continue to comply with all terms and conditions of these Official Rules and/or the specific rules of the Contest and winning is contingent upon fulfilling all requirements. The potential winner will be notified on-air, by telephone, text message, and/or by email, at the time stated in the specific rules or, if none is stated, after the Contest concludes. Failure to respond to the initial verification contact within three (3) business days of notification may result in disqualification. Unless the specific rules state otherwise, the potential winner must, within thirty (30) days of notification, come in person to the sponsoring station’s office during normal business hours, Monday through Friday, to provide proof of identity, execute an affidavit of eligibility, a liability/publicity release (except where prohibited), and, if required, an IRS Form W-9, in order to claim his/her prize. Sponsor may, in its sole discretion, permit claim documents to be completed electronically or by mail. A winner who executes these documents within the required time period will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to provide the affidavit of eligibility and/or the liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, the potential winner forfeits the prize. In the event that the potential winner of a Contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries, or other means chosen by the Sponsor and indicated in the specific rules.
8. PRIZES. Prizes and their approximate retail value vary based on the specific Contest. Winner is responsible for all taxes associated with prize receipt and/or use. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Prizes may be furnished by third-party prize providers, which may be identified in the specific rules or on-air. Each prize provider is solely responsible for fulfillment of the prize it furnishes.
For prizes that involve travel, winner agrees to accept all blackout dates, space availability limitations, etc. established by Sponsor’s prize provider(s), such as those regarding hotels, airlines, railroads and ships. Actual value of trip may vary based on point of departure and airfare fluctuations. If the actual value of a prize is less than its stated approximate retail value, the difference will not be awarded. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Selection of airline and hotel is solely within Sponsor’s discretion. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Additional prize award details and travel information will be provided to the prizewinner at the time of notification. Travel for the trip awarded must take place on and/or within the designated dates and is subject to schedule and availability; alternative travel dates will not be provided. If a prizewinner is unavailable for travel on the designated dates, the prize will be forfeited and may or may not be awarded to an alternate prizewinner at the sole discretion of the Sponsor. Exact travel dates and arrangements may be subject to availability whether specified or not. Winner and travel guest must travel on same itinerary. Each travel guest must have reached the age of majority in his or her state of residence (unless the guest is the winner’s minor child) and must sign a liability and publicity release before travel. If a guest does not, the winner will travel alone or forfeit the guest portion of the prize, with no substitution. Any and all airport transfers, ground transportation, meals, incidentals, gratuities, phone calls, luggage fees, travel insurance and applicable taxes (including, but not limited to all local, state and federal taxes) and any and all other expenses not specifically mentioned herein are the sole responsibility of the prize winner and travel guest. If, for any reason, any part of the trip package is canceled, postponed or becomes unavailable, the Sponsor shall have no further responsibility for that portion of the prize and the prize will be awarded without the inclusion of the item on the same itinerary. Trips are non-transferable, and no cash or other substitution will be provided to the winner, except that Sponsor may substitute a prize of equal or greater value as provided above. If the trip requires traveling outside of the U.S., the winner must have a valid U.S. passport, and if winner does not have a passport at the time of travel, the trip prize may be forfeited. If the winner is eligible but is a minor in his/her state of residence, the travel guest must be the winner’s parent or legal guardian. A MINOR (DETERMINED BY THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE) MAY ONLY ACCOMPANY THE WINNER AS A TRAVEL GUEST IF THE WINNER IS THE MINOR’S PARENT OR LEGAL GUARDIAN. ALL 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. In taking any trip as a prize from Sponsor, winner does so entirely on their own initiative, risk and responsibility. BY ACCEPTING A PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN ANY TRAVEL OR TRANSPORTATION, INCLUDING BOATING, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH; ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY; ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN; ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES; AND AGREES THAT THE RELEASED PARTIES (AS DEFINED IN SECTION 9) SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
If concerts or other ticketed events have been awarded as a prize and the concert or event is postponed, rained out, canceled or does not occur for other reasons beyond Sponsor’s control, or if prize winner fails to attend the concert or event, Sponsor will not be responsible for replacing the prize.
If promotional cards are awarded as a prize, “promotional card(s)” means any prefunded bank card, gift card, electronic gift card, stored-value card or certificate, store or merchant card, voucher for goods or services, gift certificate, or similar redeemable instrument. Promotional cards are subject to the terms of use, conditions and restrictions, including any expiration dates, set by the issuer. Redemption of the promotional card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and/or the card issuer in effect on the day of issuance of the promotional card. The promotional card cannot be redeemed for the purchase of other promotional cards. Except as required by law, the promotional card cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. The Sponsor is not responsible if any promotional card is lost, stolen, destroyed or used without permission. If the promotional card is lost or stolen, it will not be replaced.
If a winner requests that a prize be mailed to him/her, and Sponsor agrees to do so, winner agrees that Sponsor will send the prize by U.S. Postal Service or another carrier of Sponsor’s choice, and that Sponsor is not responsible for lost, stolen, or misdirected mail, and that the prize will not be replaced if it is not received by winner.
ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
9. ENTRY CONDITIONS AND RELEASE. By entering a Contest, each participant agrees to: (a) comply with and be bound by these Official Rules, the specific rules of the Contest, and the decisions of Sponsor, which are binding and final in all matters relating to any Contest; (b) release and hold harmless Sponsor, each SummitMedia station licensee, and their respective subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in a Contest, acceptance, use or misuse of any prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
10. PUBLICITY. Except where prohibited, participation in a Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Each Contest participant acknowledges and agrees that any telephone call placed to a sponsoring station’s contest line may be broadcast live and may be recorded for broadcast at a later time. If a station places a call to an entrant or potential winner, the station will inform that person, before the conversation is broadcast or recorded for broadcast, that the call is being or may be broadcast or recorded for broadcast. Winners may be required to sign a separate publicity waiver and/or release upon collecting a prize.
11. CONSUMER 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 Sponsor or its Contest partners under any fiduciary or other obligation, that Sponsor 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, Sponsor and its contest sponsors do not waive any rights to use similar or related ideas previously known to Sponsor or its partners, 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, or, to the extent that any third-party ownership rights exist, you have obtained all necessary licenses and/or clearances to use such third-party content, and (4) you are hereby granting Sponsor a perpetual, worldwide, nonexclusive, 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 hereafter devised, anywhere in the world, for any purpose.
All Content submitted must conform to the additional submission requirements set forth as follows to be eligible:
• Content must comply with these Official Rules, the specific rules of the Contest, and any Terms of Service on the Sponsor website;
• Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth in the specific rules and as posted on the Sponsor website;
• The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
• Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
• Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Content cannot be offensive or endorse any form of hate or any hate group;
• Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the station, any of their respective products and/or services, or about any other people, products or companies;
• Content cannot infringe on or violate any copyright, patent, trademark, trade secret, trade dress, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, email addresses or street addresses, other than entrant’s;
• Content cannot advertise or promote any brand or product of any kind, without permission;
• Content 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 (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, 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 Sponsor and the Released Parties);
• Content shall not include any background artwork, 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);
• The Content cannot be 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 (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
• Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
• Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated;
• Content cannot depict any violation of law and cannot itself violate any law; and
• The Content must be socially acceptable and in good taste, as determined by the station in the station’s sole discretion.
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its 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 Sponsor and/or station for airing advertising. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to any judging period. CONTENT SUBMITTED BY ENTRANTS REFLECTS THE VIEWS AND OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, contact us by mail at DMCA Designated Agent, SummitMedia, LLC, ATTN: Promotions, 800 Shades Creek Parkway, Suite 725, Birmingham, AL 35209 or by email to dmca@summitmediacorp.com.
12. TAXES. All state, local, federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Contest become the sole responsibility of the winner. Winners may be required to complete and return an IRS Form W-9; failure to do so when requested will result in forfeiture of the prize. Valuation of prizes may be based on information given to Sponsor by the provider of the prize. Sponsor will issue an IRS Form 1099 to any winner whose prizes from Sponsor in a calendar year meet the reporting threshold set by law.
13. GENERAL CONDITIONS. Sponsor may cancel any Contest or any part of a Contest, if any fraud, technical failures, severe weather, emergency or breaking-news programming, Emergency Alert System activations, signal or streaming outages, acts of God, government action, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, or to be acting in violation of any federal, state or local law. Any attempt by any person to deliberately undermine the legitimate operation of a Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek legal remedies including damages from any such person to the fullest extent permitted by law. Sponsor may modify these Official Rules or the specific rules of any Contest only where reasonably necessary because of circumstances beyond Sponsor’s reasonable control, to correct an error, or to comply with applicable law. Any change to a material term will be posted on the sponsoring station’s website and announced on-air within twenty-four (24) hours of the website posting, and periodically thereafter, directing participants to the revised rules on the website. No change will be applied retroactively in a manner that unfairly disadvantages entrants who have already entered.
14. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reason causes more than the stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY CONTEST WILL NOT EXCEED THE APPROXIMATE RETAIL VALUE OF THE PRIZE OFFERED IN THAT CONTEST.
15. DISPUTES. Any controversy or claim arising out of or relating to any Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the JAMS Streamlined Arbitration Rules and Procedures and the JAMS Consumer Arbitration Minimum Standards (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the law of the state of the sponsoring station, consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the provision that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER ANY CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. Notwithstanding the foregoing, either party may instead bring an individual claim in small claims court in the county of the sponsoring station.
If for any reason arbitration is not legal or available, then entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the sponsoring station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest, but in no event attorneys’ fees; (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (v) ENTRANT WAIVES ANY RIGHT TO A JURY TRIAL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the sponsoring station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the sponsoring station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the sponsoring station is located.
16. ENTRANT’S PERSONAL INFORMATION. Information collected from entrants by any method, including online, by telephone, by text message, through mobile apps or on location, is subject to Sponsor’s Privacy Policy, which is available on every SummitMedia radio station’s website under the “Privacy Policy” link. Subject to Sponsor’s Privacy Policy and applicable law, all entry blanks, forms and materials gathered during the course of entry become the property of Sponsor. Sponsor may share an entrant’s information with prize providers and co-sponsors as needed to verify eligibility and fulfill prizes. Sponsor is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to a SummitMedia radio station website.
To the extent a Contest involves use of a third-party website, application or platform, individuals should be aware that the third party’s Privacy Policy may apply as well. Sponsor claims no responsibility for the actions of any such third party in the collection or use of your information. Entrant may have the opportunity to opt in to receive emails from third parties. In the event that entrant opts into any available opportunities to receive information from a third party, that may or may not be associated with this Contest, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Opting in is not required to enter the Contest and opting in will not improve your chances of winning.
17. CONSTRUCTION. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.
18. LIST OF WINNERS/COPY OF RULES. These Official General Rules and the specific rules of each Contest are posted on the sponsoring station’s website. A copy of the rules or a list of winners may also be obtained by sending a self-addressed stamped envelope to the Sponsor address below within sixty (60) days after the Contest ends. Winner lists will be available beginning thirty (30) days after the Contest ends.
SUMMITMEDIA, LLC, ATTN: Contest Rules, 800 Shades Creek Parkway, Suite 725, Birmingham, AL 35209