OFFICIAL Audilous Inc.
GENERAL PROMOTION RULES
These Official Audilous
General Promotion Rules govern any contest, sweepstakes or giveaway
(“Promotion”) conducted by Audilous, Inc., its subsidiaries, affiliates
(“Company”) or Company owned broadcast stations (each a “Station”) doing
business under the “Audilous” or other Company owned brand. Any individual who
entered any Promotion agrees to be bound by the terms and conditions provided
in these Official General Promotion Rules (“General Rules”), as well as by
Company’s interpretations of these General Rules which are final and binding in
all matters relating to Promotions. While all Promotions will be conducted
substantially as described in these rules, some Promotions will have specific
rules (“Specific Rules”) developed for them to be read in conjunction with
these General Rules and in the event there is a discrepancy or inconsistency
between these General Rules and the Specific Rules, the Specific Rules for that
Promotion shall control.
NO PURCHASE NECESSARY TO
ENTER OR WIN. A PURCHASE WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING.
ELIGIBILITY RESTRICTIONS:
1. Unless otherwise
specified, each Promotion is open only to individuals who (i) are legal
residents of the United States residing within any Company-owned Station’s
metropolitan area; and (ii) are 18 years of age or older as of the entry date
of the Promotion.
2. Notwithstanding the
foregoing, the following individuals are NOT eligible to enter any Company
Promotion:
(i) Contractors of the
Company or any Company owned Station (“Station”), its subsidiaries, affiliates,
general sponsors, advertisers, competitors, promotional partners, other radio
stations in the station’s metropolitan area;
(ii) Members of the immediate
families or those living in the same households (whether related or not) of any
of the above are NOT eligible to participate or win in any Promotion. For
purposes of these General Rules, immediate family members mean spouses,
parents, grandparents, children, and siblings and their respective spouses.
(iii) Persons who have won a
prize in another Promotion of any kind from any Station within the thirty (30)
day period immediately preceding the start date of a Promotion are not eligible
to participate.
(iv) Only one person per
family or household (whether related or not) may win in any Promotion from
Station during any thirty (30) day period. For purposes of these General Rules,
“Household Members” shall mean people who share the same residence at least
three (3) months a year.
(v) Only entries received by
the entry deadline date announced on air will be eligible.
HOW TO ENTER / EXECUTION:
1. Online Sweepstakes or
Online Contest
a. Promotion participants
must register online through the Station’s website as provided.
b. Upon entering the
Station’s website, participants are to follow the on-screen instructions,
including entering their name, date of birth, address, phone number, email
address, and any optional or additional contact information, as requested, to
register for a chance to win.
c. If a Contest, participants
must upload the required User Generated Content (“UGC”) for judging. Contest
judging criteria will be provided. If there is a tie for a winning position in
a Contest, judges will re-judge the tied entries to determine the winner.
d. After completing the
registration process, qualified entrants will be eligible for a chance to win.
e. All Internet entries must
be received by 11:59 PM local time on the end date, unless otherwise specified,
or they will be void.
f. Submitted UGC contest
entries must be “family friendly”, appropriate for all audiences, and may need
to meet specified Entry Requirements.
g. Unless otherwise
specified, one entry per person per email address during the Promotion Period.
h. In the event of a dispute
regarding the identity of a participant’s online entry, the entry will be
deemed to have been made by the authorized holder of the e-mail account at the
time the entry was made.
2. On-Air Sweepstakes or
On-Air Contest
a. During the Promotion
Period, participants must listen to the Station for the on-air announcement for
the designated caller to contact the Station. Station will provide the caller
number and Station’s phone number for participants to enter. If the Station
determines the designated caller is not eligible, Station may select the next
consecutive eligible caller as the potential winner for that playtime.
Participants are required to listen to Station for details on specific times to
play. The dates and times of Station participation may vary and shall be
determined solely by the individual participating Station(s) and announced on
air and the local participating Station(s), at their sole discretion may or may
not choose to air all playtimes due to programming obligations and other
factors.
b. WARNING: Online listeners
to streamed broadcasts may experience a lag in transmissions due to buffering
limitations. Promotion participants should not rely on streamed broadcasts to
participate in a Promotion. Company assumes no responsibility for participants
not making timely phone calls to the Station or other time entry as a result of
delays in the internet stream.
c. If a Contest, the
designated caller will be required to provide correct information or pass a
test of skill in order to be deemed the winner.
d. Eligible callers, or
eligible callers who complete the Contest requirements, will be asked to verify
their contact information (e.g. name, address, phone number, and email
address).
e. UGC includes and refers to
all information, content and material submitted by the entrant in connection
with a Contest, including but not limited to the entrant’s submission
(“Content”). By submitting Content, entrants warrant and represent that such Content;
(i) is their original work, (ii) has not been previously published, (iii) has
not won previous awards, (iv) has not been copied from others, (v) does not
infringe upon the rights of any person or entity (including such individual’s
and/or entity’s copyrights, trademark rights, right of privacy or publicity or
any other intellectual property); (vi) that entrants have obtained permission
from any person whose name, likeness or name is used in the Content, and (vii)
the publication of the Content via various media including web posting will not
infringe on the rights of any third party.
Any such entrant will
indemnify and hold harmless, Company, its subsidiaries affiliates, Station, Contractors,
directors, officers and agents (“Released Parties”) from any claims to the
contrary. Any entrant whose Content includes names or 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 Station’s use of such Content, in
a form satisfactory to Station, upon request, prior to award of prize and/or
naming of entrant as a winner. The Content submitted shall be 100% owned and
controlled by the entrant. The Content shall be free and clear of any claims by
any person whose writings, quotes, or ideas are embodied in the Content, or any
person rendering services in connection with the Content. The Content shall not
contain any materials owned or controlled by a third party for which you have
not obtained a license. Company and/or Station reserves the right to remove or
void any Content that it deems to be in violation of these General Rules, in
its sole and absolute discretion.
f. By submitting Content,
entrants agree that their Content disclosure is gratuitous, unsolicited, and
made without restriction, will not place the Company or Station under any
fiduciary or other obligation, that Company and/or Station are free to use and
otherwise disclose the ideas contained in the entry on a non-confidential basis
to anyone or otherwise use the ideas without any additional compensation to
you. Entrants acknowledge that, by acceptance of your Content, Company and/or
Station do not waive any rights to use similar or related ideas previously
known to Company and/or Station, or developed by their Contractors, or obtained
from sources other than the entrants.
g. Content must comply with
these General Rules and any Terms of Service on Company or Station’s website.
h. Content must be acceptable
to the Federal Communications Commission (“FCC”). Content shall not include
indecent or obscene materials or language. It 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.
i. 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. It cannot be
offensive or endorse any form of hate or hate group.
j. Content cannot defame,
misrepresent or contain disparaging, libelous or misleading remarks, comments
or material about Company and/or Station or any of their respective products
and services or about any other people, product or companies.
k. Content must not be in
violation of any law and must be socially acceptable and in good taste, as
determined by the Station in Station’s sole discretion.
l. All decisions regarding
the appropriateness of the materials contained in the Content shall be at the
sole discretion of Station. Station 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 Company and/or Station. Any waiver of any obligation hereunder
by Company and/or Station does not constitute a general waiver of any
obligation to entrants. Company and Station reserve the right to waive the
Contest requirements set forth herein in their reasonable discretion.
3. Text-To-Win Sweepstakes
a. To enter the Promotion,
participants must text a keyword to the given Station short code for their
chance to win.
b. On entry, participants
will be sent a text message inviting them to enter the Promotion and sign up
for the Station text club. Participants must reply “Y” to complete entry and
text club sign-up.
c. Participants will be sent
a text message to confirm or reject entry into the Promotion. Participants may
text STOP to stop and/or HELP for help.
d. By signing up for the text
club, participants agree to receive auto-dialed Station and third-party ads to
the number provided. Consent to receive texts is not required for purchase of
any good or service from Station or Company.
e. All text message entrants
must have a text messaging two-way capable handset and digital service in order
to enter the Promotion using this Entry Method.
f. Text-message entries may
be subject to fees under the terms of the entrant’s cellphone/text messaging
subscription plan (contact your carrier for pricing plans and details). Text
messaging and wireless service are not available in all areas.
g. If any dispute arises as
to identity of any text-message entrant, the entrant will be considered the
authorized account holder. “Authorized Account Holder” is defined as the
natural person who is assigned a number by the cellular provider or as shown on
the cellular provider’s records or the natural person authorized to use the
number by an entity that is shown on the cellular provider’s records for that
number.
4. Social Media Sweepstakes
or Social Media Contest
a. Twitter: Participants must
log onto their Twitter account and post a tweet that includes the specified
call to action and includes either #sweepstakes or #contest and any other
specified hashtags to receive one (1) entry. A Twitter account is required to
enter via this Entry Method and can be opened for free at
http://www.twitter.com or by downloading the Twitter application onto a smart
phone from the appropriate app store. Entries on Twitter must be posted by the
end date to be considered.
b. Instagram: Participants
must log on to their Instagram account, complete the call to action, and
includes either #sweepstakes or #contest and any other specified hashtags in
their post to receive one (1) entry. An Instagram account is required to enter
via this Entry Method and can be opened for free at http://www.instagram.com or
by downloading the Instagram application onto a smart phone from the
appropriate app store. Entries on Instagram must be posted by the end date to
be considered.
c. Facebook: Participants
must log on to their Facebook account and visit the specified Facebook page at
the provided URL. Participants must then post a comment to the specified
Facebook page that includes the call to action, #sweepstakes or #contest and
any other specified hashtags in their post to receive one (1) entry. A Facebook
account is required to enter via this entry method and can be opened for free
at http://www.facebook.com or by downloading the Facebook application onto a
smart phone from the appropriate app store. Entries on Facebook must be posted
by the end date be considered.
d. The content of a
participant’s social media channel posts will not be judged and therefore will
not increase or decrease their chances of winning the Prize.
e. Limit one (1) entry per
person using only one (1) social media account throughout the Promotion period,
regardless of method of entry. Any entries received from any person or social
media account in excess of the stated limitation will be void.
f. In the event of a dispute
regarding the identity of a participant’s entry, the entry will be deemed to
have been made by the authorized holder of the social media account at the time
the entry was made.
g. If a participant chooses
to enter via social media using their mobile phone, standard data rates may
apply. Participants must see their wireless service provider for pricing plan
details and capabilities.
h. Submitted entries must be
“family friendly”, appropriate for all audiences, and may need to meet
specified Entry Requirements.
5. All winners regardless of
Entry Method will be notified by phone and/or email and provided with
instructions for claiming their Prize.
6. All winners regardless of
Entry Method must provide valid identification (e.g., via valid state-issued
driver’s license, passport or other government-issued I.D. containing the
person’s name, date of birth, and photograph) and a completed W9 form to claim
the prize. Identification documents must match information previously provided
to the Station.
7. Prizes will be awarded
only upon winner verification and final approval by the Station, regardless of
Entry Method. If an entrant is unable to verify his or her information, the
entrant will automatically be disqualified and the prize, if any, will be
forfeited. Station reserves the right to determine an alternate winner in
accordance with these General Rules in the event that any winner is
disqualified, cannot be contacted or is deemed ineligible for any reason or is
not available to participate in any applicable Promotion events.
8. All entrants, regardless
of Entry Method, agree to be bound by the terms of these General Rules and by
the decisions of Station management which will be final and binding in all
matters pertaining to the Promotion.
PRIZES:
Station shall award the Prize
to the winner(s) as announced on-air. Prizing shall be subject to the following
terms:
1. Listed prize values are
approximate retail values (“ARV”). For any travel prize, the actual value may
vary from the stated ARV because of fluctuations based on travel dates and the
like. If actual value is less than stated ARV, difference in prize value will
not be awarded.
2. The prize may only be
claimed by the actual winner. Friends and family members are not eligible to
claim the prize on behalf of the winner.
3. All prizes are awarded “as
is.” No substitution of prize is offered, no transfer of prize to a third party
is permitted and non-cash prizes may not be redeemed for cash value, except as
determined by Station management and/or any sponsor in its sole discretion. The
Station reserves the right to substitute an item of equal or greater value in
the event an advertised prize element is unavailable.
4. To the extent that prize
elements are provided by third-party providers, winner agrees to look solely to
applicable prize providers with respect to any claims, losses, or disputes in
connection therewith. Neither the Company nor the Station be responsible for a
failure of participating sponsors to deliver the prizes or any part thereof.
5. Transportation to and from
the event venue, meals, beverages, souvenirs, and incidentals are the
responsibility of the winner and his or her guest.
6. Dates and times of
concerts, events, trips, and activities promoted by event sponsors are subject
to change and those changes are deemed to be beyond the control of the Station.
Changes of venue, cancellation of engagements by performing artists, and/or
their management may be permanent in nature. The Station is not responsible for
replacing tickets in the event of show cancellations as a result of weather,
promoter or performer.
7. Movie passes, and/or
special screening and premiere movie passes are valid for space available only.
Seating is provided on a first-come-first-served basis.
8. Gift cards are subject to
terms and conditions as specified by issuer.
9. All cash prizes won will
be awarded in the form of a check.
10. All prizes shall either
be mailed / shipped, provided in an electronic format (ex. e-gift card),
available for curbside pickup at Station’s offices, or available at the Venue.
Station will coordinate with winner(s) for claiming their prize.
11. Station may require that
the prize must be claimed by a certain date. Winner(s) must claim their prize
by the date specified or the prize may be forfeited.
12. All Promotion winners
must sign and date official Station release and waiver forms as requested.
Failure to do so will result in winner forfeiting the prize.
13. The Station, the Company,
and its affiliates and promotional partners shall not be liable for any claims
made by ineligible entrants.
14. If for any reason a
Promotion winner decides not to accept the prize awarded, the winner may be
required to sign a release form acknowledging forfeiture of the prize. It will
be at the discretion of the Promotion administrator and / or Promotion sponsor
if another entrant is to be selected as the winner if time permits.
15. In the event any winner
is found to be in violation of the Official Rules or is otherwise determined by
the Station, in its sole discretion to be ineligible, he/she may be required to
forfeit the prize or to reimburse the Station and / or any sponsor for the
stated value of the prize if such a violation is found after the prize has been
used by the winner.
LICENSE/USE OF ENTRIES:
By submitting an entry, and
to the extent allowed by law, the Promotion participant grants the Station,
Company, its subsidiaries and affiliates a perpetual, worldwide, royalty-free,
non-exclusive, sub licensable, unconditional license to edit, modify, cut,
rearrange, add to, delete from, reproduce, encode, store, modify, copy,
transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise
use or reuse the submitted entry, name, photo, likeness, voice, tweet, retweet,
comment and/or post and biographical material including, but not limited to,
all materials submitted in connection with the Promotion in any and all media,
throughout the world, and in any manner, for trade, advertising, promotional,
commercial, or any other purposes without further review, notice, approval,
consideration, or compensation to entrant.
GENERAL CONDITIONS:
a) Winners are solely
responsible for collection of any prize. Winners are also solely responsible
for payment of all applicable taxes associated with the receipt of the prize.
All costs, fees and expenses and/or hazards associated with a prize or the acceptance
and/or use of any prize are the sole responsibility of the winner.
b) Any person winning over
$600.00 in prizes will receive an IRS form 1099 at the end of the calendar year
for tax purposes and a copy of such form will be filed with the IRS as required
by law.
c) No purchase necessary.
Promotion is void where prohibited. Promotion is subject to all applicable
federal, state and local laws and regulations.
d) Odds of winning depend
upon the number of eligible entrants participating during the Promotion Period.
e) By participating in the
Promotion, the winner or winners agree to have their name, voice, or likeness
used in any advertising or broadcasting material relating to this Promotion, in
any media now known or hereafter devised for advertising or promotional
purposes without additional compensation and must sign a publicity release
prior to acceptance of the prize. By entering this Promotion, each participant
agrees to comply with the Official Rules and the decisions of Station
management which shall be final and binding in all aspects relating to the
Promotion.
f) All Promotion winners will
be required to sign a liability release prior to acceptance of any prize.
Pursuant to the liability release, the winner or winners will agree to hold the
Station, the Company, any other Promotion parties and each of their respective
affiliates, subsidiaries, agencies, officers, shareholders, directors, Contractors,
agents and representatives of each of the foregoing, harmless against any and
all claims or liability, directly or indirectly related to or arising from or
in connection with Promotion participation or the acceptance, possession or use
/ misuse of awarded prize or any portion thereof, or participation in
prize-related activities, including but not limited to any related travel.
g) Company and/or Station
shall retain the entrant’s personal data for a reasonable period of time to
enable it to send the entrant any prize they have won and to verify that these
General Rules have been complied with, and for accounting purposes. This data
may be passed to a third party to enable such third party fulfill any necessary
requirements relating to the award of a prize. Any other use of personal data
will be in accordance with and subject to Company’s Privacy Policy located on
its website. Entrant may have the opportunity to opt-in to receive information
from third parties. In the event that entrant opts in to any available
opportunity to receive information from a third party, which may or may not be
associated with a Promotion, 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 on the third party’s privacy policy. Any available opt-in
opportunities are not required to enter a Promotion and opting in will not
improve your chances of winning.
h) The Station retains the
right to disqualify any entrant if all Promotion rules are not followed.
Promotion is void if prohibited by law.
i) By participating in a
Promotion, participants agree to be bound by the decisions of Station
personnel. Participants who violate any rule, gain unfair advantage in
participating in any Promotion, or obtain winner status using fraudulent means
may be disqualified. Unsportsmanlike, disruptive, annoying, harassing or
threatening behavior is prohibited. The Station will interpret these rules and
resolve any disputes, conflicting claims or ambiguities concerning the rules or
the contest and all Station decisions concerning such disputes shall be final.
So long as no participant is materially adversely affected, the Station
reserves the right to make changes in these Promotion rules, which will be
announced on the air and become effective upon being announced on the air.
j) The Station, the Company,
participating sponsors and their respective parent companies, subsidiaries,
affiliates or their representatives, agents and Contractors are not responsible
for the inability of any entrant to complete or continue a telephone call,
internet registration or text entry due to equipment malfunction, busy lines,
inadvertent disconnections, unavailable network, server, Internet Service Provider
(ISP) or other connections, communication failures or human error that may
occur in the transmission, receipt or processing of entries, including any
injury or damage to any computer arising from or relating to participation in
this Promotion. Any use of robotic, macro, automatic, programmed or like entry
methods will void all such entries, and may subject that entrant to
disqualification.
k) By accepting the prize,
the winner acknowledges and agrees that the Station and the Company have
neither made, nor are in any manner responsible or liable for, any warranty,
representation or guarantee, express or implied, in fact or in law, relative to
the prize or to any portion thereof, including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Further, by
participating in any Promotion and/or accepting the prize, the winner
acknowledges and agrees that the Station and the Company are not responsible in
any manner for 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 Promotion or receipt or use, non-use or misuse of any prize.
l) The Station, the Company,
its subsidiaries, affiliates, participating sponsors and promotional partners
will not assume any responsibility for any changes in the execution of the
Promotion, including; cancellation of the Promotion as a result of the occurrence
of events not within the control of the Station, the Company, its subsidiaries,
affiliates, participating sponsors, promotional partners and other radio
stations, such as acts of God, strikes, terrorists acts or criminal acts of
third parties. If the Promotion is canceled for any reason, the Station will
announce the cancellation on its website (and for an on-air Promotion on air)
and (except for listen-to-win Promotions) award prizes as set forth above among
eligible, non-suspect entries received as of the Promotion cancellation,
provided Station is able to do so.
m) If for any reason, the
Promotion is not capable of running as planned, including without limitation,
any suspected evidence of tampering or technological corruption or if any
portion of the Promotion is compromised by virus, bugs, worms or unauthorized
human intervention, fraud, an insufficient number of qualified Promotion
entries, or any other causes beyond the Station and the Company’s, control
which, in the Station and the Company’s sole opinion, corrupts, threatens or
impairs the administration, security, fairness, integrity, or proper conduct of
the Promotion, the Station and the Company reserve the right to cancel,
terminate, modify or suspend the Promotion at their sole discretion.
n) Copies of these General
Rules are available upon request during regular business hours, Monday – Friday
9:00 a.m. to 5:00 p.m., in the offices of the Station. Additional copies of
these General Rules may be available on the Station website.
CHOICE OF LAW: All issues and
questions concerning the construction, validity, interpretation and enforce-ability
of these Official Rules, or the rights and obligations of participant, Station
and Company in connection with the Promotion, shall be governed by, and
construed in accordance with, the substantive laws of the State in which the
Station resides. The invalidity or unenforceability of any provision of any of
these General Rules shall not affect the validity or enforce-ability of any
other provision. If any such provision is determined to be invalid or otherwise
unenforceable, the rules shall be construed in accordance with their terms as
if the invalid or unenforceable provision was not contained herein. Station
reserves the right to modify these General Rules at any time.
Unless explicitly specified,
the Promotion is in no way sponsored, endorsed or administered by, or
associated with any third party, including but not limited to Twitter,
Instagram or Facebook.