Contest Name: The Ultimate San Diego Wedding (the “Contest”)
Station: KMYI 94.1 FM (the “Station”)
Station Address: 9660 Granite Ridge Drive, Suite 100, San Diego, CA 92123.
Sponsor(s): Bridal Insider www.bridalinsider.com
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. The Contest is open to two-person couples, each member of which is: a legal resident of the fifty (50) United States, who are 21 years of age or older and meet the eligibility requirements herein. Void outside Station's Total Survey Area and where prohibited. Do not enter this contest if you are not located in the United States at the time of entry. Odds of winning depend upon the number of eligible entries received during the Contest Period.
This Contest is sponsored by: Bridal Insider ("Sponsors") and administered by Clear Channel Broadcasting Inc. collectively referred to as the Contest Entities. Any questions, comments or complaints regarding the Contest must be directed to the contest administrator. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with Clear Channel privacy practices found here.
Clear Channel Broadcasting, Inc., its subsidiaries and affiliated companies (together, the "Company"), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station. Participating stations are listed above or for a list of participating stations, please visit the offices of this Station during normal business hours.
Couple (Entrant) Eligibility Requirements
Wedding Contest ("Contest") is open to two-person couples, each member of which: Is a legal resident of the United States of America; a resident of San Diego, California; is 21 years of age or older at the time of entry; is engaged to be lawfully married to the other member of the couple at the time of entry and has not previously married the other member of the couple (for purposes of these Official Rules the term "lawfully married" also includes couples who intend to unite in a commitment ceremony; "wedding" includes commitment ceremony and is ready, willing and able to be lawfully married on a date specified by Sponsor on January 25, 2012, in a wedding arranged as stated herein and as set forth below, and potentially broadcast on the Internet and otherwise publicized; and is willing to comply in full with these Official Rules and all other terms and conditions of the Contest; and is not excluded from eligibility by these Official Rules and/or the other terms and conditions of the Contest; and must be able to make the necessary time commitment to plan, promote and participate in the wedding before, during and after the actual ceremony; and is willing to be married in a ceremony held outside or in a venue that is mutually agreed upon between sponsor and wedding planner within the United States; and each couple, the members of which are in full compliance with the above criteria, shall be referenced herein as an "Entrant" or, collectively with other such couples, as "Entrants." Each member of an Entrant must be willing to sign an affidavit attesting to the truth of all facts stated in such Entrant's entry and accompanying materials (described below) and further attesting to the fact that each member of the Entrant meets all eligibility requirements stated above and herein.
- Must be FCC acceptable, including no use of indecent or obscene material or language.
- Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
- No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person's consent.
- No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic.
- No misrepresentation or disparaging remarks about the Company or Sponsor or its products, or other people, products or companies.
- No content which implies or portrays graphic violence excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous.
- No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the "N" word), threats, intimidations, or hostile acts.
- No content communicating messages or images inconsistent with the positive images and/or goodwill to which the Company or Sponsor wishes to associate.
- Must be socially acceptable and in good taste, as determined by the Station in the Station's sole discretion.
- Cannot depict, and cannot itself, be in violation of any law.
- Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
The Station and sponsor reserve the right to reject any entry, in their sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Station for airing advertising. Station reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY THE STATION OR SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE COMPANY OR SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Station or Sponsor does not constitute a general waiver of any obligation to entrants. The Company reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
ONLY ONE ENTRY PER COUPLE. ANY PRIZE AWARDED IN THE CONTEST WILL ONLY BE MADE TO THE CONTEST ENTRANT. CONTESTANT MUST BE THE BRIDE OR GROOM AND BE ENGAGED TO BE MARRIED AT THE TIME OF ENTRY.
Entry submission of an essay describing why the couple deserves to win and a photograph of the couple (optional)
Should be no longer than 500 words in length.
Permitted formats of the entry completion of digital entry form OR if internet access is unavailable an entry may be mailed to: Bridal Insider, 306 Hawthorn Street San Diego, CA 92101 by Saturday, October 29, 2011.
Entry should explain how you met and fell in love, anything and everything that makes your relationship special or unique and any obstacles you may have had to overcome in your relationship, etc. and why you should win the Grand Prize Wedding.
By submitting a Entry you warrant and represent that the Entry is an original work, created solely by you (or by yourself and others who have each granted you authority to license the rights stated herein), and that the use of the Entry as licensed hereunder does not infringe on any third party's intellectual property rights, including copyrights, trademarks or other proprietary or personal rights. You warrant and represent that the Entry does not contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or threatening material. The essay submitted shall be writing that you own or control 100% of the rights to the publishing. The Entry shall be free and clear of any claims by any person whose performances or depictions are embodied in the work, or any person rendering services in connection with the work. The Entry shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Station reserves the right to remove and Entry that it deems to be in violation of these Official Rules.
CONDITIONS ON PARTICIPATION:
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station and the Contest Sponsor, that the decisions of the Station is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; and (d) if you or any member of your band that is granting rights to the entry submitted in the Contest is a party to any third party agreement with a publishing company or any other third party, such agreement does interfere with the rights granted to the entry in this Contest and/or receipt of any of the prizes listed herein, nor will you (or you and others who have each granted you authority to license the rights stated herein) enter into an agreement with any entity that would grant or transfer any rights of your entry submitted herein.
OWNERSHIP AND ENTRY LICENSE GRANTED:
By entering you are not required to transfer ownership over your entry to anyone. However, in consideration of the chance to win a prize hereunder, by submitting the Entry to us, you hereby grant to us a worldwide, non-exclusive, non-restrictive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, display, and perform the Entry (including any title of the Entry and your name and likeness) in connection with the Station and the Contest (and all places where some or all content from the Station's website is available) and otherwise in connection with the Station's and the Company's businesses, including without limitation for promoting and redistributing part or all of the Station, its website, or iheartradio.com (and derivative works thereof) in any media formats and through any media channels now known or hereinafter developed without time limitation. You also hereby grant each user of the Station's website a non-exclusive license to access the Entry. If you do not want grant the rights as set forth herein, please do not participate in the Contest.
Additionally, you agree to grant to the Company all rights to use any Entry that you submit, and the image, likeness, voice, name and photographs in the Entry or otherwise submitted or provided by you in any publicity or advertising relating to the Entry or the Company and the Contest, without compensation or approval (except where prohibited by law) in any and all media now known or hereinafter developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS:
Description of Contest/Participation.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it [link to DMCA takedown policy]
Voting is limited to one vote per verified email address per day. 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 finalist in its sole discretion.
- A. Dates of Contest: Contest will begin October 10, 2011 at 12:01a.m. PST end November 22, 2011 at 11:59p.m. PST ("Contest Period").
- B. How to Enter -- Entry Period: All entries must follow the Entry Guidelines set forth above. Submit your entry by logging onto the Station's website at Star941fm.com beginning Monday October 10, 2011 at 12:01a.m. PST and follow the Contest links to register. Deadline for online registration is Sunday, October 30, 2011 at 11:59 p.m. (PST). Incomplete and/or multiple entries will be disqualified. One entry per person per couple for the duration of the contest period.
All entries must include an essay stating why they should be selected to win the Grand Prize Wedding Giveaway, a photo of the couple (optional) and be in accordance with the entry guidelines set forth above, along with a completed entry form to be deemed valid. Essays may or may not be read on the Station throughout the contest period, in the station's sole discretion. By submitting an entry, entering online and/or uploading photos, each member of each Entrant agrees that he/she has read and consents to be bound by and comply with these Official Rules at the time of submission and throughout the Contest and further understands entry will be publicly available on the Internet and elsewhere both during and after the Contest Period.
- Valid contest entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. All Entries become the property of Company and will not be returned. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. "Authorized account holder" is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address.
- C. Judging Period: At the conclusion of the Entry Period, the Station and Sponsors will elect a panel of judges to select three entry finalist to compete in an online voting contest based on the judging criteria, listed above The judging phase will take place between October 31, 2011 and November 4, 2011. No substitutes or stand-ins will be allowed. All decisions of the judges will be final.
- D. How to Play - Voting Period: Beginning Monday, November 9, 2011 the three couples whose entries were selected by the panel of judges as finalist will be posted on the Station's website at Star941fm.com where listeners will be invited to vote for their favorite couple based on the criteria listed below. Deadline to vote is Sunday, November 22, 2011 at 11:59p.m. PST.
Judging criteria voters should use for the contest is based on the following:
- Persuasive story
Prize: Once (1) Grand Prize Wedding Package. The prize elements of the package will be awarded as described herein (subject to legal restrictions, etc). Wedding Package is based on a total of 50 participants, including 46 guests, one Bride, one Groom, one Maid of Honor and one Best Man.
The Wedding Package will include the following:
- E. How to Win: At the conclusion of the voting period, on or about November 23, 2011 the Station will announce the winner based on the submissions which received the most votes.
- In the event of two or more contestants have the same number of votes; the Station will elect a panel of judges to select the finalist(s) based on the judging criteria, listed above. ALL DECISIONS OF THE JUDGES WILL BE FINAL.
- If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Station, in its sole discretion, reserves the right to select an alternate entry at that time. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail. The Company is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify potential winners or for any late, misdirected, or if the potential winner is a minor, for late, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Overall total Prize Value is approximately $60,000.00
- Wedding Coordination and Event Design services including multiple planning meetings, menu selection, vendor selection, email and phone support, timeline creation, rehearsal and up to 12 hours of wedding day service with 1 primary and 1 assistant coordinator. Provided by After the Engagement. Retail value not to exceed $5,000.00
- Wedding Ceremony & Reception Venue provided by Mt. Woodson Castle. Event space rental of 5 hours, bride may arrive up to 3 hours before the event. Retail value not to exceed $4,000.00.
- Catering to include bunch station for up to 50 guests, three tray passes appetizers, all servicg staff, one bartender, water, champagne, wine glasses and barware. Provided by Personal Touch Catering. Retail value not to exceed $6,000.00
- Wedding Photography to include 8 hours of coverage, 2 photographers, engagement session, online proofing, color correction and editing of photos, disc of high-res digital files from the wedding and engagement session. Provided by La Vida Creations. Retail value not to exceed $5,000.00
- Wedding Videography including 2 cinematographers for up to 8 hours. Finished product edited video including a short recap video and longer 20-30 minute highlight video delivered on 3 DVDs. Provided by Side by Side Video. Retail value not to exceed $5,000.00
- Ceremony Officiating services provided by Ceremonies by Bethel. Retail value not to exceed $750.00
- Wedding cake to coincide with the wedding theme for 50 guests. Provided by Hey There Cupcake. Retail value not to exceed $1000.00
- Groom's cake to coincide with the wedding theme for 50 guests. Provided by Hey There Cupcake. Retail value not to exceed $1000.00
- Cake Balls for the Dessert Buffet provided by Cake Ball Love. Retail value not to exceed $300.00
- Cupcakes for the Dessert Buffet provided by Sumi's Oven. 5 dozen cupcakes. Retail value not to exceed $500.00
- Party Donuts service provided by Sensational Treats. Retail value not to exceed $1000.00
- Additional Dessert Buffet items. Provider to be determined. Retail value not to exceed $1000.00
- Candy Buffet. Provider to be determined. Retail value not to exceed $1,000.00
- Chocolate Photo Booth Props, 50 pieces provided by Tailored Sweets. Retail value not to exceed $300.00
- DJ and Emcee services for the wedding reception provided by Bill Calhoun Mobile Music. Retail value not to exceed $2,000.00
- Ceremony Live Music to include 1/2 hour pre-ceremony, up to 3 requested songs for the ceremony and 1 hour of music for the cocktail hour. Provided by Nick Weiss Music. Retail value not to exceed $750.00
- Tuxedos to include up to 6 complete tuxedo or suit rentals. Provided by Friar Tux Shop. Retail value not to exceed $1500.00
- Custom designed wedding invitations, programs, escort cards and food signage and table cards. Invitations to include pocketfolds with offset printing/foil stamping. Provided by Nic.Roc Designs. Retail value not to exceed $2,000.00
- Photo Booth at the wedding reception including props, attendant, double strips, unlimited prints and CD of all images. Provided by After the Engagement. Retail value not to exceed $750.00
- Wedding Favors of gourmet designer wrapped chocolates. Provided by Sobelle Chocolates. Retail value not to exceed $500.00
- Party Rentals and Linens to include tables, chairs, linens, dinnerware, flatware, glassware, and tenting if needed. Provider to be determined. Retail value not to exceed $5,000.00
- Limousine transportation provided by Elite Image Limousines. Retail value not to exceed $1000.00
- Hair & Makeup services for the Bride, Maid of Honor and two Mothers. Includes 1 trial for the Bride. Provider to be determined. Retail value not to exceed $1,000.00
- Wedding Gown, Veil and Shoes. Provider to be determined. Retail value not to exceed $3,000.00
- Bridal Accessories and jewelry. Provider to be determined. Retail value not to exceed $1,000.00
- Maid of Honor's Dress and Shoes. Provider to be determined. Retail value not to exceed $400.00
- Wedding Flowers to include Bride's bouquet, Maid of Honor Bouquet, 2 Mother's Bouquets, Boutonnieres for the Groom, Best Man and Fathers, Ceremony site florals and reception site florals. Provider to be determined. Retail value not to exceed $6,000.00
- Event Lighting to include a custom GOBO and event uplighting. Provider to be determined. Retail value not to exceed $1,000.00
- Honeymoon Trip provided by the Riviera Palm Springs to include a three-night stay in a Mediterranean Junior Suite (includes room, tax and resort fee), Complimentary Valet Parking, One Couples Massage and One dinner for two ($100 max value). Retail value not to exceed $3000.00. Trip expires on January 25, 2013. Transportation is not provided.
All of the following will apply to each grand prize winner : 1) Winner will be required to complete and return, within 3 days of date of receipt, a prize acceptance form including the name of their travel guest (age 21 or older), a W-9 form, an affidavit of eligibility, and a liability/publicity release (where permitted) signed by both the winner and travel guest; 2) Winner may be required to present a copy of a valid social security card and a valid passport as a condition of participating or receiving any prize. In accordance with applicable laws, international travelers must possess a government issued passport, if a winner does not have or is unable to obtain a passport within any time constraints related to the prize, the winner will be disqualified; 3) Winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won; and 4) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, the trip may be forfeited and an alternate winner will be selected, in the Company's sole discretion. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein. Winner agrees to accept all blackout dates, space availability requirements, etc. established by The Company's prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner and guest must comply with all applicable laws, and any rules and regulations established by The Company's prize partner(s), such as hotels, airlines, trains, ships, concert or event venues etc. Winner agrees that acceptance of any trip taken as a prize from The Company does so entirely upon their own initiative, risk, and responsibility.
The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company's sole discretion. All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest's official rules. If a potential 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. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner's prize, in its sole discretion. 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 herein 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.
- Prizes have no cash value and are non-transferable.
- Prizes must be used on designated event date determined.
- No substitution of prizes will be allowed. Prizes to be awarded as stated.
- Any merchandise; product and/or services do not carry over or may be transferred to any other date.
- Any additional expenditure in excess of Prize Giveaways awarded will be sole responsibility of the winner.
- Wedding will take place on Wednesday, January 25, 2012. No exceptions.
- All state, federal and/or local taxes and/or gratuities responsibility of winner and/or winners.
Prize value may vary due to actual custom items selected and received by the winner. Any changes, upgrades or substitutions to packages are subject to additional fees at winner's expense. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. No cash equivalent for prize will be awarded. If the winner is disqualified or is found to be ineligible for the contest, the Station reserves the right to determine an alternate winner or not to award the prize, at its sole discretion.
Prize elements may be subject to change without notice and other conditions and restrictions may apply. The Company is not responsible for any agreement entered into by the Winner with a wedding vendor. substitute of prizes will be allowed; Prize elements are to be awarded as stated herein. Final wedding date to be determined by the sponsors, depending on availability. All prizes or prize vouchers must be redeemed from the Station within 30 days of the contest end date unless stated otherwise in these official rules. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner's prize, in its sole discretion. The Company is not responsible for the cancellation or rescheduling of any service or event and no substitution or compensation shall be awarded, in Company's sole discretion. Location of seats and tickets are in Sponsor's sole discretion. No more than the advertised number of prizes will be awarded. Winner is responsible to pay any sales tax and/or gratuity, if applicable. Winner is ultimately responsible for her/his own wedding plans and any local and/or state marriage licensing requirements.
The Grand Prize is subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc). 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, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Company, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, 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 herein 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.
3. Eligibility and Limitations.
Participants and winner(s) must be legal citizens of the United States or D.C., be residents of the county of San Diego, California, be at least 21-years old, as of the date of entry and prize award as determined by the Company. No one under the age of thirteen (13) will be permitted to enter a contest under any circumstances. Participants and winners must reside in the Station's Total Survey Area (TSA) as defined by Arbitron. Commonly the TSA represents a radio station's total listening audience in a geographic area. If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves listener participation by voting for a contest participant on the station's website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian, may (in Company's sole discretion) be required to sign and return an affidavit of eligibility, release of liability and prize acceptance agreement ("Prize Acceptance Release of Liability and Publicity Release") within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated in the contest's official rules. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Employees of the Company, the Station, the Contest's participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term "immediate family" includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws," or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer.
5. Voting Contests.
By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per person/verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
6. Publicity; Use of Personal Information.
7. 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 the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the company and the station a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON COMPANY'S WEBSITE, IN COMPANY'S DISCRETION. Content: (a) must comply with these Official Rules and any Terms of Service on the Station website; (b) must be uploaded through the in format specified and must comply with the posting requirements set forth above and as posted on the Station website; (c) 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, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Company or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Company does not permit the infringement of others' rights and any use of materials not original to the entrant (except copyrighted materials owned by Company) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Company; (h) no background artwork should appear in an content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Company wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY COMPANY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF COMPANY IN ANY MANNER. Any waiver of any obligation hereunder by Company does not constitute a general waiver of any obligation to entrants. Company reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Company reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period. By submitting content 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 obtained permission from a person who's name, likeness or voice is used in the content and (f) and that publication of the content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Company, its Stations, and agents from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Company's use of such content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner. By accepting a prize, the winner agrees that his or her content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Company all of his/her right, title and interest in and to his/her video, 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. Winner hereby waives in favor of Company, all rights of "Droit Moral" or "Moral Rights of Authors" or any similar rights or principles of law that winner may now or later have to their content. Company reserves the right to alter, change or modify the winning content, in its sole discretion. Upon request of Company, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Company, reasonably necessary to establish the ownership of record of the right, title and interest in and to the content and of the copyrights transferred and "Moral Rights of Authors" waived under these Official Rules. Should Company fail to request the said assignment as stated, that shall not be deemed a waiver of Company's rights and Company may at a later time request the assignment.
By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest's sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company.
Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
10. Conduct and Decisions.
By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company's decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the 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 these rules in its sole discretion. Any reference in these Official Rules or as part of the Contest to The Company's, Station's and/or Sponsor's "discretion" and/or any exercise of discretion by Sponsor, Station or the Company shall mean in Company's, Station's and/or Sponsor's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
Void outside the Station Total Survey Area and where prohibited. Odds of winning depend upon the number of eligible entries received during the Contest Period. Each winner must submit proof of eligibility and sign the Company's release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Station during normal business hours or visit the Station's website. All entries become the property of the Company and will not be returned. As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
12. Compliance with Law.
The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.