Contest Name: “Go Sexy In Vegas” (the “Contest”) RULES
Station: WNOK-FM(the “Station”)
Station Address: 316 Greystone Blvd. Columbia, SC 29210
Telephone: (803)343-1042
NO PURCHASE OR PAYMENT OF ANY
KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF
WINNING. Open to legal residents of the United States who are 21 years of age or older. 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.
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.
Description of Contest/Participation.
A. Dates of Contest: Contest will begin on or about 8-6-2012 at 12:00pm/EST and end on or about 9-3-2012 at 11:59PM/EST (“Contest Period”).
B. How to Enter: Register
To Win On-Line at http://www.wnok.com. Deadline for registration is 11:59PM. EST on 8-30-2012. One entry per person. Valid 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.
Entry Guidelines:
Entries should be a photograph of them self-looking like a hot in your swimsuit and
comply with the following:
Must be FCC acceptable, including no use of indecent or obscene material or language.
Content should not infringe or violate any copyright, patent,
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
matters concerning any person, without such person’s consent.
No content or material that is illegal, contains nudity or is sexually explicit, or by law,
obscene, profane or pornographic.
No misrepresentation or disparaging remarks about Sponsor or its products, or other people, products or companies.
No content which implies or portrays graphic violence excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous.
No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender
identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the “N” word), threats, intimidations, or hostile acts. No content communicating messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.- Must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion. Cannot depict, and cannot itself, be in violation of any law.
- Cannot contain material sembodying 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.
WARRANTY:
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 recorded or photographed material submitted shall be that of your own and/or you control 100% of the rights to the publishing. The Entry shall be free and clear of any claims by any person whose performances, images or depictions are embodied in the work, or any person rendering services in connection with the work. The Entry shall not contain
any materials owned or controlled by a third party for which you have not obtained a license.
The Station reserves the right to remove and Entry that it deems to be in violation of
these Official Rules.
CONDITIONS ON PARTICIPATION:
By
participating, you agree (a) to be bound by these Official Rules; (b) as
between you and the Station and the Contest Sponsor, that the decisions of the
Station is final on all matters relating to the Contest; (c) you are not
participating on behalf of any employer or third party; and (d) if you are granting
rights to the entry submitted in the Contest and is a party to any third party agreement with a publishing company or any
other third party, such agreement does interfere with the rights granted to the
entry in this Contest and/or receipt of any of the prizes listed herein, nor
will you (or you and others who have each granted you authority to license the
rights stated herein) enter into an agreement with any entity that would grant
or transfer any rights of your entry submitted herein.
OWNERSHIP
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.
PUBLICITY RELEASE:
Additionally,
you agree to grant to the Company all rights to use any Entry that you submit,
and the image, likeness, voice, name and photographs in the Entry or otherwise
submitted or provided by you in any publicity or advertising relating to the
Entry or the Company and the Contest, without compensation or approval (except
where prohibited by law) in any and all media now known or hereinafter
developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS:
If you think that any Entry
infringes your intellectual property rights, click here if you wish to report
it [link to DMCA takedown policy]
BY
ENTERING THE CONTEST, YOU
VERIFYING THAT YOU
THE MATERIAL SUBMITTED WHICH WOULD RESTRICT THE RIGHTS GRANTED HEREUNDER. YOUR
SUBMITTED RECORDING WILL NOT BE RETURNED
YOU WILL NOT BE PERMITTED TO USE THE SUBMISSION FOR ANY COMMERCIAL USE AFTER IT
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.
How to Play - Voting Period:
Beginning 8-9-2012 the Station will post all valid entries on its website
and invite listeners to vote for their favorite Hot Swimsuit Pictures based on the criteria listed below. Deadline
to vote is [9-3-2012] at [11:59PM. EST]
Judging criteria voters should use for the
contest is based on the following:
- Sexiness
- Most appealing
- Photo Quality
- Style
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.
D. How to Win:
At the conclusion
of the voting period, on or about 9-4-2012 the Station will select One (1) grand prize winner
based on the judging criteria, listed above. All decisions will be final.
In the event of two
or more contestants have the same number of votes; the Station will select a
panel of judges to select the finalist 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/Sweepstakes 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.
2. Prize(s).
The prize(s) that may be awarded to the eligible winner(s) are:
Grand Prize:
One (1) Trip for two
people, Two (2) tickets to both nights of the iHeartRadio Music Festival at the
MGM Grand. Hotel for two (2) and airfare for two (2) to Las Vegas
The prize is provided by Think Say Records
AND the approximate total value of the prize(s) is; $2100.00
Conditions and restrictions
may apply. 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. 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. In the event prizes are
event tickets, Company is not responsible for the cancellation or rescheduling
of any event and no substitution or compensation shall be awarded, in Company’s
sole discretion. Location of seats and tickets are in Company’s sole
discretion. No more
than the advertised number of prizes will be awarded.
CONDITIONS/RESTRICTIONS
FOR WINNER
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 residents of the 50 U.S. or D.C., 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. (a) The
Company, in its sole discretion, reserves the right to disqualify and prohibit
from participating any person, who The Company determines (in its sole
discretion) is or is attempting to: (i) tamper with The Company’s Website
and/or any part of the Contest; (ii) attempting to undermine the legitimate
operation of the Contest by cheating, deception, or other unfair playing
practices, (iii) intending to annoy, abuse, threaten or harass any other
participants or The Company’s Agents; and/or (iv) otherwise violating these
Official Rules or the Terms of Use of The Company’s Website. (b) ANY ATTEMPT TO
DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE
THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE
THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH
PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY
LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER
STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD
HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND
EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME,
IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY
REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. If,
in The Company’s opinion, there is any suspected or actual evidence of fraud,
electronic or non-electronic tampering or unauthorized intervention with any
portion of this Contest, or if fraud or technical difficulties of any sort
(e.g., computer viruses, bugs) compromise the integrity of the Contest, The
Company reserves the right to void suspect Entry and/or evaluations and/or
terminate the Contest and award the Prize in its sole discretion. The use of
any automated launching or entry software or any other mechanical or electronic
means that permits the participant to automatically enter or evaluate
repeatedly is prohibited. In the event of a dispute as to the identity of an
entrant based on an email address, the entry in question may be disqualified. For all contests the Company 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 Company is not
responsible for mechanical, technical, electronic, communications, telephone,
computer, hardware or software errors, 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. If a contest is a call in to win
contest and/or a telephone is needed to participate in the Contest,
participants are restricted to the use of ordinary telephone equipment.
Participants that enable the “Caller ID” block function will not be allowed to
participate unless they enter their correct area code and telephone number if
prompted, or disable the features inhibiting their participation in the
Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866,
etc.) may experience call connection problems. The Company 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 Company’s control, or otherwise. Any entry
forms in a register-to-win contest must be
handwritten. Photocopies or mechanical reproductions of any entry forms are not
permitted. By participating in a contest in which text message-based
entry is permitted, entrants acknowledge that text messages are distributed and
delivered through third party providers; the Stations do not guarantee, and
shall not be responsible for, the delivery or timeliness of any text message
entry. Not all wireless carries support access to a common short code
(CSC). The CSC being used to enter a contest may or may not be compatible with
all wireless carriers, and as such, you may not be able to enter through the
CSC method of entry. Entrants may use the alternative entry method to ensure
registration. The Station will at all times consider the time that a message is
logged as arriving in its system as being the time of entry, regardless of the
time at which the entrant attempted to send the entry and any technical
problems or other complications that may have delayed its delivery. The
Station, through its third party text messaging administrators, will store all
messages received on its system, and will send participants reply texts
relating to the Contest throughout the Contest Period and up to 60 days. For help text HELP and to stop, text STOP to
the specified program short code and follow the instructions provided at the
entry process. Standard text and data rates will apply. The Station is not
responsible for service outages, message failures, transmission delays or any
other factor affecting the availability or performance of the text messaging
service. The Station further reserves the right to cancel, terminate
or modify the contest if, in the sole discretion of the Station, it is
impossible or impractical to complete the contest as planned for any reason,
including, but not limited to, infection by computer virus, bugs, tampering,
unauthorized intervention or technical failures of any sort. The Station may
require, on request, proof of identity as to the rightful owner of the phone
number from which the text message entry was sent. The Station reserves the
right, in its sole discretion, to disqualify any entry if that entry's source
and sender cannot be reasonably determined. In the event of termination
of the Contest by Company, Company reserves the right to award any prize(s) in
a manner deemed fair and equitable by Company.
In no event will the type and quantity of prizes awarded exceed the
number of prizes described in the Contest Official Rules.
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. By
participating, where allowed by law, all winner(s) grant the Company exclusive
permission to use their names, characters, photographs, voices, and likenesses
in connection with promotion of this and other contests and waive any claims to
royalty, right, or remuneration for such use.
By participating in the Contest, where allowed by law, participants
agree that the Company may use such information for marketing purposes, and may
include the names of winners in a publicly available winners’ list. For more information about how the Company
will use information collected in connection with this Contest, please see
Company’s privacy policy located here.
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.
8. Release. 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.
9. Taxes. Any valuation of the prize(s) stated above is
based on available information provided to the Company, and the value of any
prize awarded to a winner may be reported for tax purposes as required by
law. Each winner is solely responsible
for reporting and paying any and all applicable taxes related to the prize(s) and
paying any expenses associated with any prize(s) which are not specifically
provided for in the official rules. 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 any of these rules in its sole 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.
11. Miscellaneous. 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.
