Terms and conditions
The The Fan Clubhouse (the "Service"), operated by Triton Loyalty, and KFXX-AM-ol (together, Triton Loyalty and KFXX-AM-ol are referred to as "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account, and the forfeiture and relinquishment of all Points you have accrued in the Service. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program where registered users can accrue Points by engaging in certain activities and can redeem Points for certain offers ("Rewards"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible to users in multiple Services within this market or across multiple markets are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in.
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are 18 years of age or older. Employees or agents of KFXX-AM-ol, Triton Loyalty, and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the Points levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the Points required for any Reward; or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household. If you are 18 years of age or under you cannot post information about yourself on the website or complete the registration process. You can, among other things, review your accumulated Points, review the Terms and Conditions as amended from time to time, and review redemption options at fanclubhouse.1080thefan.com .
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your Points accrued will be forfeited.
To earn Points, you must undertake an activity described in a Service-authorized promotion for earning Points, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which Points will be awarded in connection with the Service. You also will be rewarded a percentage of the total Points that your primary referrals earn on their use of the Service. We expressly reserve the right to change the rate at which referred Points are credited and to limit the amount of referred Points credited to your account each week to an overall maximum number of Points that may be less than the number of member referred Points that would have been credit based on the current percentage being paid. We also expressly reserve the right to establish additional means of accruing Points, to delete any or all of the means currently in effect, to exclude specific types of transactions from the accumulation of Points or to specify periods after which unused Points will be forfeited. Points can be accrued only for activity actually taken and completed by you or by your primary referrals and can be applied only to your account. You may earn Points from only one computer or network access point at any given time; simultaneous activity on multiple computers for one account will not be credited. Streaming activity is further limited to one stream at a given time. You may accrue Points simultaneously for non-streaming activity, provided it is in accordance with the conditions regarding network access Points and multiple computers. Points posted to your account for transactions that are subsequently voided will reduce the Points accrued in your account by the number of Points earned for the corresponding voided transaction. We will use reasonable efforts to allocate earned Points to each user's account. However, you are responsible for ensuring that your Points are properly credited. If you believe that Points have been earned but not credited, or in cases where we deem verification is required, we reserve the right to require proof of accrual, including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of Points by you and proof of accrual within three months after the date such Points are claimed to be earned. Points will be maintained in your account until they are redeemed for a Reward or for 6 months or are forfeited whichever occurs first. Each month, all Points that are more than 6 months old will be deleted from your account. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.
You may redeem Points accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. You may use your Points to submit Sweepstakes entries, each of which is subject to their own official rules available on the entry screen. You are required to be 18 years or older to bid in certain auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes entries. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. All active bids and sweepstakes entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes. Points earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In some cases, Rewards you select are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Any rules of the merchants relating to returns and exchanges apply, but no Points will be re-credited to your account. You are responsible for taxes, if any, due on Points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or Points under any circumstances.
To play some of the games offered through the Rewards Service (including, but not limited to, scratch and win games, blackjack-style games, and slots-style games), you must submit the required number of Points, at which time the Points will be deducted from your account. The minimum number of Points required for a game play will be determined separately for each game, but typically range from 25 to 5000 Points . Once submitted, your game play cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to game play submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the game play is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by Operator in its sole discretion. You may also participate in games that require Points to play through an offline method. No Points are required for an offline play. To play a game offline, you must mail a 3" x 5" card to Triton Loyalty, 500 Chastain Center Blvd., Suite 595, Kennesaw, GA 30144. Limit one card per outer postmarked envelope. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home postal address, home telephone number with area code, the user name and email address you entered when you registered for the Service, your age, gender, [insert name of station and/or Rewards Service], and the name of the game you wish to play. Each offline submission will entitle you to the number of Points needed to play the game identified in your offline submission once. Operator will deposit that number of Points into your account, and then you can play the game by submitting those Points in the manner described above. Operator is not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries or game play requests, or for failure to receive online entries or game play requests due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of Points or redemption of Rewards may result in forfeiture of accrued Points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any Points, or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING Points FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING Points FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties. We are not responsible for any incorrect or inaccurate information, whether caused by data entry errors by us, website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the set up or processing of the service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person's computer or data related to or resulting from participating or downloading materials in this Web site. We are not responsible for cheating or fraud by any members. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of Points, use of Rewards, or other participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove Points from your account as a penalty, terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts or choice of laws rules (whether of Georgia or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Triton Loyalty and/or its licensors, which reserves all rights to such property.
Privacy Statement for The Fan Clubhouse
KFXX-AM-ol and Triton Loyalty (collectively, 'us', 'we', 'Operators') have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the The Fan Clubhouse website ('Site').
GENERAL PRIVACY GUIDELINES
We use your Personal Information to provide you with the features, services, or goods you request and to respond to billing and/or other such questions related to the Operators or Site. We will also use your Personal Information to notify you about updates, new features, programming and activities on behalf of the Operators, Site, or our Advertisers that may be of interest to you. (We explain below in the next section what our policy is for the collection, use and disclosure of Personal Information to Advertisers.)
We may also use your information for hiring, operational and business purposes, or to find out how we can improve our Site via surveys or online tracking mechanisms. We use aggregate Personal Information to help us to evaluate and modify existing services and features. We also use your Personal Information to develop new services and features that may be of interest to you.
We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to other third party marketers or any such persons that are not associated with the Operators as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or the Operators; or 4) to enforce the Terms and Conditions of the Site.
It is also necessary that we share your Personal Information and Sensitive Personal Information with our operational service providers, the specialists that provide internal support to the Operators operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the Operators or website. Additionally, such providers are not to use your Personal Information for their own marketing or promotional purposes.
We reserve the right to collect Personal Information using any new technology yet to be developed and to use such technology to provide new services and features to you, as well as for marketing and promotional purposes. Specific information regarding your choice to Opt-in or to Opt-out to such use, or for sharing your Personal Information with Advertisers, will be provided once the new technology, service, or feature is introduced.
WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Our Site's registration form requires users to give us contact information (like their first and last name, mailing address, phone number, and email address) and demographic information (like their zip code, age, or gender). We use customer contact information from the registration form to send the user information about the rewards service, and to notify and ship prizes to the winners of auctions, sweepstakes, or contests as well as mail checks for cash earned on purchases made through the rewards service. The customer's contact information is also used to contact the visitor when necessary. We give users the option to remove their information from our database, to not receive future communications, or to no longer receive our service, by submitting your request to Member Support. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers and other third parties on an aggregate basis.
Unless stated otherwise, we do not request contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as ".net" or ".com") as part of the contact information. Federal law prohibits the sending of commercial email messages directly to a wireless device that uses a domain name, unless you have first given your affirmative consent. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest or membership club. However, we will not knowingly use that contact information for sending commercial email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name as such messages are not deemed to be commercial email and therefore, are not regulated by Federal law. However, when "computer to phone" commercial emails are prohibited by law, we may reject your wireless device contact information when such information is submitted for certain Site features or services. We will attempt to notify you if we will need new contact information.
For specific purposes (such as the purchase of goods and services) we may request a type of confidential personally identifiable information which shall be called "Sensitive Personal Information" and is defined as any individual's: (1) social security number; (2) driver's license number or state identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual's financial account. This Sensitive Personal Information will only be used to implement the specific activity or event it was submitted for. We will not share your Sensitive Personal Information with Advertisers.
However, more general Personal Information will be used to implement the specific activity or event and will also be used for the marketing of additional events, services and merchandising for this Site and the Operators.
If you sign up for an email newsletter or alert, we will use your email address to deliver the newsletter or alert requested. To opt-out of any newsletter or alert, click the unsubscribe link at the bottom of the email or alert you received or go to Subscriptions and uncheck the box or boxes for the newsletters or alerts you wish to opt-out of.
DISCLOSURE TO ADVERTISERS
Advertising support allows us to offer, free of charge, many great activities and services to our users such as contests, sweepstakes and special events. Therefore, we may also use your Personal Information for the marketing of events, products or services of our generous Advertisers. There are two ways users may receive such information from Advertisers, either indirectly via newsletters, email or direct mail from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.
Our opt-in program allows you the opportunity to request to be contacted with additional information, to receive special offers and/or to receive materials from Advertisers. If you elect to opt-in to receive information, materials or special offers from these third parties, you give the Operators permission to transfer your personal information to our partners so they can fulfill your request. We will only share your information with those Advertisers or category of Advertisers you specifically opt-in to. Our third party partners have separate privacy and data collection practices; the Operators have no responsibility or liability for these independent policies.
If you do not want your personal information shared with Advertisers, please select the option to not participate in our opt-in program.
You have the option of completing online surveys as a part of the rewards service. Among other things, our surveys ask for demographic information (like income level). The information collected through these surveys is used to tailor our visitors' experience at our site and may be shared with advertisers and other third parties on an aggregate basis.
Our Site also provides users the opportunity to opt-out of receiving communications from us and our Advertisers at the point where we request information about the visitor.
We give users the option to remove their information from our database, to not receive future communications, or to no longer receive our service, by submitting your request to Member Support.
We conduct the collection, management, maintenance and storage of website user information in a secure and commercially reasonable manner using acceptable industry standards of security technology and practices (such as electronic security systems and password protections) to protect against the loss, misuse or alteration of Personal Information. We also request that our operational service providers take such precautions. The Operator databases are accessible only by authorized personnel.
However, please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. We use a secured connection only for the collection of Sensitive Personal Information, which is necessary for the purchase of goods or services, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
Although persons of all ages may visit our Site and participate in activities that do not require the collection of Personal Information or Sensitive Personal Information, we do not knowingly or intentionally collect Personal Information or Sensitive Personal Information from children under the age of 13. Except for the limited circumstances listed below, we will automatically reject and delete the registration or entry of any person we believe in good faith to be underage. Any false or fraudulent registration or entry from a minor will be deemed to be ineligible and will disqualify the minor from the receipt of a prize, benefit, or other participation.
Except to meet Federal Communications Commission ("FCC"), or other regulatory and legal purposes, we will not use, store, or disclose any child's Personal Information to a third party without prior parental consent.
This Site may have contests and prizes that could appeal to children. However, we do not knowingly or intentionally collect personal Information from children. If we unintentionally receive Personal Information from children under the age of 13 in relation to this activity, we will comply with the Children's Online Privacy Protection Act of 1998 ("COPPA") and reject and destroy such correspondence upon knowledge of such collection, except for the limited circumstances above. For more information about COPPA, please see the Federal Trade Commission's website: www.ftc.gov.
Your California Privacy Rights
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). You may contact us in two ways. Send email to Privacy Administrator at the email address listed in the Contact Us section below. Alternatively, you may contact the Operators at the physical address listed below in the Contact Us section of this privacy statement.
For requests sent via email, you must put the statement "Your California Privacy Rights" in the subject field of your email. All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
You can choose to have your computer warn you each time a cookie or image tag is being sent, or efficient and enjoyable - like the features mentioned above - and some of our other services will not function properly.
ADVERTISING AND OTHER THIRD PARTY CONTENT
HYPER LINKS TO OTHER WEBSITES
This Site often provides links to third party websites that could be of interest to our users, including the websites of our Advertisers. The Operators do not own or control these websites and therefore, are not responsible for the content, business practices, nor operations of such websites. Third party websites linked on this Site may have different privacy policies and business practices than we do. The presence of a link to a third party website does not constitute or imply our endorsement, recommendation, or sponsorship of the third party content, goods, or services available through, or contained on, the Site. By use of this Site, you have agreed that you will use the hyperlinks to third party sites at your own risk.
We give users the option to change and modify information previously provided, by visiting the "My Account" section of the website or by submitting your request to Member Support.
For communications related to Your California Privacy Rights, contact us at the address below. For requests sent via email, you must put the statement "Your California Privacy Rights" in the subject field of your email.
attn: Your California Privacy Rights
500 Chastain Center Blvd.
Kennesaw, GA 30144
If you have any other questions about this privacy statement, the practices of this Site, or your dealings with this Site, you contact us at the address below. For requests sent via email, you must put the statement "Privacy" in the subject field of your email.
500 Chastain Center Blvd.
Kennesaw, GA 30144
This sweepstakes will begin on 10/9/2013 2:04 PM PT and all entries must be received by 11/9/2013 11:59 PM PT. You currently have 0 entries.
© Entercom Communications Corp. 2010 | All Rights Reserved (v.6/10) 1
Entercom Portland, LLC
d/b/a KNRK, KRSK (The Buzz), KYCH (Charlie), KWJJ (The Wolf), KGON, and KFXX (The FAN)
General Contest Rules - Written
These rules apply to all contests conducted by Entercom Portland, LLC d/b/a KNRK, KRSK (The Buzz), KYCH (Charlie), KWJJ (The Wolf), KGON, and KFXX (The FAN) (individually and collectively, as applicable, "
Station"), unless otherwise set forth in specific contest rules for a particular contest. Specific contest rules will be available at the Station studio at 0700 S.W. Bancroft St., Portland, Oregon 97239 and on the Station’s websites at www.947.fm , www.1051thebuzz.com , www.charliefm.com , www.thewolfonline.com , www.kgon.com , and www.1080thefan.com .
Who Can Enter
1. Must be legal residents of the States of Oregon or Washington 18 years of age or older on the date of entry. Station reserves the right to examine identification and may reasonably choose to accept or deny awarding the prize based on the identification presented.
2. Employees (including, without limitation, part-time or temporary employees) of the Station and contest sponsors their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies and the immediate family (
i.e., current and ex- spouses, parents, grandparents, children, grandchildren, and siblings and in-laws and steps in any of the foregoing categories) and other household members (i.e., roommates, housemates, significant others, and partners of each legally residing at the same address) of each are NOT eligible.
3. Some contests will be advertised by only one of the Stations, some by several of the Stations and some by all of the Stations and/or their websites and social media pages. Nothing in these rules requires that all of the Stations participate in all of the contests conducted under these general contest rules nor that entrants be listeners of any particular radio station (unless entry or winning requires listening to a particular radio station).
4. NO PURCHASE NECESSARY.
5. All entries become the property of the Station and will not be acknowledged or returned. Entries received that are mutilated, tampered with, illegible, incomplete or from ineligible entrants may be disqualified in Station’s sole discretion. Entries that are determined to be fraudulent will be void, and the person making such an entry or suspected of fraud or tampering with any contest may be barred from further participation in that contest and, in Station’s sole discretion on a case by case basis, banned from any future participation in any Station contest.
6. One or more contests may be announced from time to time. Station may run more than one contest simultaneously, but entries will only be solicited for one contest at a time.
WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts.
8. Depending on the contest, the Station will announce the timing of the required method of entry/winning. All references in this Section 8 to an "announcement" or to any information to be "announced" may be announced on-air and/or via email, sms, internet posts, blog posts, text message, instant message, social network posts, on-site, and/or via point of purchase displays, materials or handouts. The following apply to the applicable entry/winning methods designated:
a. For call-in contests: Entrants must call the telephone number announced at the appropriate time. At the time that calls are solicited, the criteria for winning will be announced (
e.g., first six callers, tenth caller, first caller with the correct answer). Only calls to the announced number are eligible to win. Calls to the main Station phone number or any other phone number are not eligible entries. If the Station receives less than the requested number of calls (e.g., only 9 callers when the Station is looking for the 10th caller to win) within a reasonable period of time (as determined by Station), Station reserves the right to re-conduct that contest at a later time or cancel that winning opportunity and not award the associated prize.
b. For mail-in contests: Entries must be received at the announced address by the announced deadline. Entries will only be accepted by U.S. mail. Only one entry per envelope is permitted (additional entries within the same envelope will be disregarded). If the mail-in contest requires the use of an official entry form, only official entry blanks that are handwritten are eligible and official contest entry blanks are only available while supplies last at each participating distribution location.
© Entercom Communications Corp. 2010 | All Rights Reserved (v.6/10) 2
c. For on-site entry box contests: Entries must be deposited in the official entry box by the announced deadline. Only official entry blanks that are handwritten are eligible (no mechanical reproductions will be accepted). Official contest entry blanks are only available at the location of the official entry box, while supplies last.
d. For internet based entries (whether via email, social networks, online submissions, or the Station’s Club (as defined below)):
i. Entrants will be asked to go to a particular website (whether at one or more of the Station’s main websites listed above, one or more of a Station’s social networking page (for example, Facebook), or an alternative website that can be accessed directly or as a link through Station website(s) which alternative website is hereinafter referred to as a "MicroSite") (collectively, a "Website") on particular days and times to enter a contest, as announced. Criteria for winning and/or conditions for entry will be announced by Station, which may include, without limitation, one or more of the following types of modes of entry/winning: (a) answering survey questions, (b) correctly answering trivia questions, (c) making predictions or guesses with respect to certain upcoming events, (d) submitting essays (of specified lengths), photos, videos or audio, (e) "liking" or taking similar action with respect to a Station social networking page in order to access an entry form or to be automatically entered into a contest, or (f) simply completing entry forms with contact information.
ii. Contests may require that entrants be a member of (or "like") the Station’s online club, social networking page or texting club in order to enter. In addition, entrants may be provided with an opportunity to opt-in for membership/participation as part of the entry process or, in the alternative, may be required to become a member/participate in clubs of (for example, email clubs, text clubs, and rewards programs) or to receive solicitations from Station and/or its contest sponsors.
iii. When entry requires membership in the Station’s on-line club (the "
Club"): (in addition to the other relevant provisions set forth in these rules): Membership is free. The Club is an internet club that will entitle members to, among other things, receive information from Station and its clients, enter contests, participate in surveys and enjoy many other opportunities. To join the Club go to the applicable Station’s main website and click on the link for the Club and provide all required information (incomplete registrations may be invalidated in Station’s sole discretion). In the event of a dispute regarding the identity of a member, the holder of the registered e-mail account will be deemed the person who submitted the membership. The holder of the e-mail account is the natural person who is assigned the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the second level domain associated with the e-mail address in question. Limit one membership per e-mail address. Members are required to provide truthful information when completing Club membership registration form. If a Member cancels his/her membership during any contest in which such Member is entered (or was automatically entered), such Member may no longer be eligible to win a prize in such contest, in Station’s sole discretion. Contest entry for Club members may be by one of the following means: (i) Members are automatically entered in contests from time to time; (ii) Members may be required to complete a specific on-line entry blank for particular contests; (iii) Redemption of Club points (if available), which have no cash value, for an opportunity to enter selected contests; or (iv) Other means of entry as may be announced from time to time.
iv. When entry requires membership to, or registration with, a third party social network (e.g., Facebook or Twitter) (such person "
Users"): In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Users acknowledge that the third party social network sites ("Social Network Sites") are not affiliated with the Station and, therefore, Station cannot control certain factors relating to such sites, including, without limitation, errors, cancellation of User accounts or technical malfunctions associated with any Social Network Site that may affect any entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in a particular Station contest. Contest entry via Social Network Sites may be by one of the following means: (i) Users may be automatically entered in contests from time to time (e.g., all Followers of the applicable Station Twitter account or all Friends or Fan, or people who Like a page or such other terminology used from time to time (as applicable) of the Station’s page on Facebook); (ii) © Entercom Communications Corp. 2010 | All Rights Reserved (v.6/10) 3
User may be required to email the Station, listen to its radio station or visit the Station’s website to enter; (iii) all (or selected) Users may be offered the opportunity to call the Station to win at announced days/times or upon the occurrence of certain on-air broadcasts (i.e. a song, series of songs, sounder or phrase); (iv) User may be required to post a comment or take other action to be entered (e.g., changing the User’s profile picture) with respect to User’s Social Network Site account; or (iv) other means of entry as announced by Station. With respect to any Station Facebook pages (if any), Station has no obligation whatsoever to "accept" (and reserves the right to freely reject, in its sole discretion in each specific instance) any particular Friend request and any such rejection by Station of a Friend request shall render the requestor ineligible to enter and/or win any contests that require being a "Friend" in order to participate. Certain contests administered through one or more Station Facebook page(s) may require that an entrant "like" a Station page in order to access an entry form or to be automatically entered into certain Station contests. By entering Station contests via a third party social network site, you are authorizing Station to access, utilize and/or pre-load applicable portions of your social network site information (i.e. Facebook profile) into the entry form (although clicking on a separate button may be required to access this function, for example clicking on a "Facebook Login" button). Station reserves the right, at any time and for any reason or for no reason, to disassociate any person from its social media network page/following by any means then technically available to it (for example, "blocking" a Fan from liking the Station’s Facebook page).
Social networking site operators (including, without limitation, Facebook) are in no way a sponsor, endorser or administrator of Station contests and are not affiliated with Station or its contests in any manner. Entry information provided in Station contests through social networking sites is being provided to Station, not the associated social networking site operator (for example, Facebook). Some Station Facebook page contests may allow entrants to obtain "extra" entries if they "share" their entry with a friend and that friend validly enters that contest using the link provided by the entrant, provided that (i) the total number of "extra" entries can be capped at a maximum number of "extra" entries, as announced by Station, and (ii) if that friend previously entered that contest through a link from another entrant, his/her attempt to enter the contest through subsequent shared links may not constitute a "valid" entry (in which case, subsequent entrants will not get "extra" entries for that particular friend).
e. Listen for Your Name Contests: Any Station contest may require that one or more selected entrants listen for their name to be announced on-air as a potential winner. In such events: (i) only the actual person who entered can win (or was deemed to have entered in the case of certain social network contests or Club contests) and must be the person who calls in (persons having the same name will be disqualified if not the actual entrant), (ii) call-ins will only be eligible to win if the announced telephone number is the one called within the designated time, and (iii) the call must be received and answered by the Station within the exact period of time announced.
f. For text message based contests: In case of an identity dispute, the registered user of the text message account on the date of entry will be the recognized user. Participants acknowledge that messages are distributed via third party mobile network providers and, therefore, Station cannot control certain factors relating to message delivery.
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Participants acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the message to the recipient successfully. Station does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. Station does not charge a fee for this service. It is each Participant’s responsibility to check with their individual carrier, as other charges may apply. BE ADVISED THAT IN SOME CASES, TEXTS TO THE STATION WILL RESULT IN ONE OR MORE AUTOMATIC BOUNCE BACK MESSAGES, FOR WHICH PARTICIPANTS MAY INCUR A FEE FROM THEIR PROVIDER. Station assumes no responsibility for charges incurred for text-messaging, including, without limitation, as a result of any bounce back messages or contest notices from the Station. For texting contests, entrants will be asked to text specific information (as announced by Station) to a designated telephone line (the phone number will be given in the announcement) at a particular time or times. At the time that texts are solicited, the criteria for winning will be announced (e.g., first text message received with the correct answer). Only those text messages to the specific shortcode provided, at the time texting is solicited, shall be eligible to win. Texting to the main Station phone number, other Station shortcode or any other phone number are not eligible. Winners will be selected in accordance with the criteria announced when text messages are solicited. If the Station receives less than the requested number of text messages (e.g., only 9 text messages when the Station is looking for the 10th texter to win) within a reasonable period of time (as determined by Station), Station reserves the right to re-conduct that contest at a later time or cancel that winning opportunity and not award the associated prize.
g. Song of the Day Type Contests: Station may conduct contests requiring people to listen for a particular song or combination of songs ("Song"). The day(s), time (or time ranges), song(s) to listen for and how to enter and win (which may be via call-in, text message or email) will be as announced, subject to other applicable provisions in this Section 8 that apply to the specific mode of entry or winning. The Song played must be a full song aired on Station, not a song clip or hook or a portion of a song used in an intro, promotional announcement or advertisement that airs. The Station will start taking calls as soon as the designated song starts to play (or, in the event of combination of consecutive songs, as soon as the last song of the required combination starts to play). If the Song plays at any other time that day other than the designated contest hour or, if the announcement specifies that only the first play of the Song in a day is a contest play, after the Song has been played earlier that day, it will not be considered a winning opportunity. Only the Song as performed by the specific artist named in the announcement will qualify as a winning opportunity.
h. Codeword/Keywords: Any Station contest may require an entrant to obtain a specific code, codeword, keyword, phrase or other unique identifier ("
Codeword") and to provide the correct Codeword in order to enter the contest (regardless of the mode of entry). Codewords may be obtained on a Station or third party website, by listening to the radio for the Codeword, on Station or third party social networking sites (which might also require that a potential entrant "like" a page to access the Codeword), via a text or email or any other source or combination of sources as may be announced by Station in connection with that contest.
i. Photo Contests: Contests requiring that entrants submit photographs (via email, text message, mail, fax, online upload, social networking site posts or other mode announced), the following provisions will apply:
i. Electronic submissions of entry photos may only be submitted in a .jpeg format or other format(s) that Station may advertise that it will accept for particular contests. Posts to third party sites (like social networking sites) will be accepted only in the formats accepted by such third party.
ii. All entrants who submit a photo agree to the following (and Station may require (but is not obligated to), as a condition of entry, that entrants sign a separate agreement or, with respect to online entries, affirmatively check a box or an "I agree" button agreeing to some or all of the provisions set forth in this Section 8(h) and/or other requirements):
Entrant represents and warrants that he/she own the rights to, or has obtained permission to use, the photo submitted.
Entrant represents and warrants that he/she authorizes Station to post the photo on Station’s website or social network sites.
Entrant agrees and acknowledges that Station and contest sponsors and their respective affiliates, parents, employees, agents and all other related sponsors may use for advertising and/or promotional purposes, entrant’s name, image, photo submission, other entry materials and/or biographical information on radio, TV broadcasts, newspaper advertisements, on websites and/or any other medium in connection with participation in this contest or otherwise without the payment of any additional compensation to you.
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Entrant understands and agrees that Station shall be the sole and exclusive owner of the photograph submitted and agrees to sign any documents requested by Station to evidence such transfer of ownership.
iii. Station staff may review each photograph for unsuitable content, as determined in Station’s sole discretion. All photographs containing any content Station deems unsuitable shall be disqualified or edited in the sole discretion of Station. No notification of such disqualification or editing will be provided. DO NOT SEND ANY PHOTOS CONTAINING NUDITY, INDECENCY, ILLEGAL DRUG USE, ILLEGAL ACTIVITIES, OR OBSCENE GESTURES OR SITUATIONS. All of the foregoing may result in disqualification and/or editing and are not intended to limit in any way Station’s right to deem anything else unsuitable content.
iv. In the event that Station solicits for photos to be posted by entrants directly on third party social networking sites (for example, Facebook), the fact that such photo is posted does not mean that such photo has been accepted by Station as an eligible entry into any contest. Station shall be the sole determiner as to whether a posted photo satisfies its entry criteria or not. Station reserves the right (but not the obligation) to remove or un-tag (or take any similar action) any photo posted on its social networking site for any reason or no reason.
v. No more than one (1) photograph may be attached to any entry.
vi. Winners will be selected based on the criteria announced by Station with respect to each contest, which may include, without limitation, random drawing or the photograph that Station deems is "best" (based on any lawful criteria Station deems desirable, in its sole discretion).
j. On-Site Contesting Events: For contests requiring that entrants, qualifiers and/or finalists be present at a Station contesting event in order to continue participation in a contest, the following will apply:
i. If check-in or registration at the event is required by Station, you must check in (or, in some cases, be in line to check in) at the closing time announced. Eligibility to participate in the contest event may require that at check-in each timely arrived participant complete and sign one or more liability release agreements, provide his/her social security number, provide evidence of a valid United States federal or state photo ID (ie. driver’s license, passport or military ID) and/or other specific requirements announced. Failure to do any of the foregoing at check-in if required will result in automatic disqualification.
ii. Participants hereby agree to strictly follow all instructions and directions given by the Station staff at the event and understand that any intentional failure to comply with the Station’s instruction, process, procedures or contest rules at the event may result in immediate disqualification (in Station’s sole discretion).
iii. Any decision by the Station Contest Administrator at such events will be final and not subject to appeal.
iv. In the event that any contest associated event or any Grand Prize Event needs to be rescheduled for any reason, such postponement will be announced on air and on the Station’s website. It is the sole responsibility of each Entrant/Qualifier to check the website and/or listen on-air for cancellation and/or rescheduling information. Notwithstanding the foregoing, Station may (but is not obligated to) send a written, email or telephonic notice to Qualifiers regarding any necessary rescheduling of any Grand Prize Event with the rescheduled date/time but in no event will Station or Sponsors have any liability or responsibility for any Qualifier’s failure to receive the message for any reason. In no event will Station or Sponsors have any liability or responsibility for any potential entrant’s, entrant’s or Qualifier’s inability to attend any event on the rescheduled date (and no alternative opportunities will be offered).
9. Station is not responsible for the failure of any third party sponsor/location to make entry blanks, code words, posters, game cards, etc. ("Contest Materials") available. If you are unable to obtain Contest Materials, call (503)223-1441 and ask to speak to someone in Promotions.
10. For any contest that requires entrants to answer questions, submit materials or perform in some other manner (for example, answer a trivia question, sing a song, say a particular phrase, call in after a particular song, series of songs or sounder is played, etc…), the decision of the Station will be final as to all matters, including, without limitation, (i) the order in which calls, emails, texts or entries were received and (ii) whether any answer required to be given is correct or the "best" or most desirable (based on any lawful criteria Station deems desirable).
11. For contests requiring notification to entrants, qualifiers, finalists or winners, if the Station did not have actual contact (in person or telephonic or by email) in which the necessary information was communicated, then Station will only be required to leave one telephone message, send one text or send one email to the number or email address provided in the entry form or provided at the time that the station collected the winner’s information (by phone, electronically or in person). If no answer or answering machine is reached, Station will not be obligated to attempt any further contact. For social network contests, Station may elect to only contact the winner via the social network account (or, in the
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alternative, using any other contact information provided to Station in connection with the entry). If the entry provided a telephone number or email address, the Station may contact the winner via phone or email. However, Station reserves the right, in its sole discretion, to attempt to contact any qualifier/entrant/finalist/winner more than once and shall not be required to attempt to contact all qualifiers/entrants/finalists/winners an equal number of times or in the same communication manner. If no telephone number or email address was provided and the Station has an address, the Station may elect to send one written notification letter by first class mail, time permitting.
12. In certain contests, qualifying winners may also be automatically entered into a random grand prize drawing or other grand prize winner determination, as announced. In such event, the location, date and/or time of such grand prize drawing/event will be announced by Station. The location of such drawing may be at the Station’s studios or may be at a location to be announced.
13. With respect to any contest involving voting (whether voting determines the qualifier/finalist/winner or not):
a. Station may elect to post online the "in process" tally of online and/or texting votes but any such display will not be real-time and may not be relied upon by any of the entrants or voters. Any listing or other disclosure by Station of "in progress" voting or similar tallies, if any, will be updated by Station in intervals determined from time to time by Station for each contest as Station sees fit (including, without limitation, delays resulting from caching) and the intervals of such updates of tally information may even vary during any particular contest. Displaying information about in-progress voting is solely for entertainment/excitement purposes and not binding upon Stations. The sole determination of the total number of votes received by any entry will be made by Station after the close of the voting period based on its software. In addition, if any Station elects to display any in-progress tallies related to voting, Station reserves the right (in its sole discretion) to remove the display of any such tallies at any time during the contest with or without notice (including, without limitation, in the last hours before the voting closes).
b. Except as otherwise announced, voting is for entertainment purposes only and will not be the determining factor in selecting winners, but may (in Station’s sole discretion) be taken into consideration as one of many factors considered by Station in determining the winner.
c. Contest eligibility requirements (including, without limitation, age and residency) are not applicable to determining whether or not a person may vote in a Station contest.
d. In the event of text voting, Station reserves the right at any time to end text voting prior to the announced closing date for text voting, for any reason or for no reason, by providing at least 24 hours notice on Station’s website that such text voting will end early.
e. All references to "voting" or "votes" in the contest rules will be deemed to include each "like" on a Station Facebook page of a particular content (for example, a post, photo, comment, etc…), if applicable to the contest.
14. With respect to any internet-based portion of a contest (including, without limitation, entries, voting, viewing web pages, viewing video or audio content, viewing voting tallies, etc….), there may be delays in updates for the purpose of caching in order to maintain the efficient functionality of the web server in times of excess load. As a result, updates may not be available in real time and may be delayed until such time as Station is prepared for the next cache refresh. The frequency and duration of any such delay will be in Station’s sole discretion on a case by case basis.
15. With respect to certain contests, Station may elect to post certain information not available to the general or listening public about ongoing contests on its website, Club member pages, or Social Network Site pages or may elect to communicate such information via email, sms, text message, or social network posting (i.e. Twitter) to a limited group of people (for example, twitter followers, facebook friends, or members of Station’s email, internet or texting clubs). Such information may include, without limitation, dates and time ranges when a contest song or sounder may be played, lists of correct or incorrect answers received, and/or contest reminders. In such events, no purchase will be required to obtain such information but Station may require that persons eligible to receive such extra information be members of certain Station Clubs or third party Social Network Sites. Station will have no obligation to make such information available to all potential contestants and Station will not be obligated to announce that it is or how it is making such additional information available, unless required by law. While such additional information may increase the chances that a recipient will know when to listen or what the correct or incorrect answers may be (which information may not be available to non-recipients), there will be no advantage in the mode of entry by obtaining (or not obtaining) this additional information (for example, there will be no advantage in being the 10
th caller, etc…).
16. Use of robotic, mechanical or other forms of pre-programmed internet, texting or phone call visit, voting or entry methods is NOT prohibited. Notwithstanding the foregoing, Station reserves the right (in its sole discretion), from time to time, to implement entry/voting processes that may frustrate or prohibit automated entry or voting (including, without limitation, CAPTCHA, requiring Club membership log ins or contest/voting registrations, advance email address verification procedures, limiting the number of entries/votes/web hits accepted/counted after a maximum number within a specified period of time as established by Station (which numerical/time limits Station may decide
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not to disclose), and/or prohibit any further entries, votes or web traffic from a particular IP address during a particular contest, period of time or permanently). Before or during any contest, Station reserves the right to install and access cookies, alone or along with other methods, to track web site traffic, entry and/or voting frequency, and/or to detect or prohibit automated methods of voting, entry or website visits.
17. In no event will any "deal-making" in connection with a contest between participants or third parties be permitted.
18. Contestants may not violate any federal, state or local laws and may not harm or endanger themselves or other persons or property in connection with a contest. If Station deems that a contestant, participant or any winner may have created a public hazard, cheated, engaged in improper or illegal activity, caused interference with or destruction of property and/or utilized public safety resources, such contestant / winner may be disqualified in Station’s sole discretion.
19. Notwithstanding anything to the contrary in these rules, Station cannot guarantee that it will be able to view all entries and/or required entry submissions (essays, photos, videos, etc…) submitted from a technical perspective, even if sent in the appropriate formats required. In the event that Station is not able to view any entry or entry materials submitted for any technical reason whatsoever, that entry may be disqualified (without notice to the entrant) and Station will have no liability or obligation to such entrant with respect to the disqualified entry.
20. Station reserves the right to (but not the obligation) to post some or all entry information and/or materials on the Station’s website or social networking sites, in whole or in an edited form (in Station’s discretion), as a "featured" entry. Having your entry posted and/or "featured" does NOT mean that the entrant has won or is likely to win in that contest. The decision to post or "feature" any such entries is for entertainment purposes only and is not part of the winner selection process in the contest.
21. Notwithstanding anything to the contrary herein or stated on-air, no person will be entitled to receive any prize until after their eligibility has been confirmed or accepted by Station and all required paperwork (including, without limitation, liability release agreements) have been completed by the pending winner within the required deadlines.
22. All prizes awarded must be picked up at the Station’s studios at 0700 S.W. Bancroft St., Portland, Oregon 97239 during normal business hours of 8:30 a.m. to 5:30pm, Monday through Friday, unless otherwise specifically directed by Station. Prizes will not be mailed, unless otherwise determined by the Station.
23. Prizes not claimed within thirty (30) business days of being advised by Station that the prize is available for pick-up, or in the case of a time sensitive prize, within its period of usability if shorter than 30 business days, shall be considered forfeited (without notice to the winner) and will become property of Station. Such prize may be disposed of at the discretion of Station Management.
24. Prizes will be released to winners only. Winners may be required to present a valid United States state or federal photo ID and valid social security number in order to pick up any prize. Winners may be required, in Station’s sole discretion, to sign one or more liability release agreements relieving the Station, its parents, subsidiaries, officers, directors, members, managers, employees, agents, contest sponsors and others from any and all liability with respect to the contestant’s participation in the contest and the receipt and/or use of the prize. Any person who refuses to sign the Release and/or provide a social security number or complete or provide any other documents required by the Station by the deadline required by Station will forfeit any and all prizes.
25. Station reserves the right to substitute a prize of equal or greater value for all contests and giveaways. Non-cash prizes are not redeemable for cash. No transfer or assignment of prizes is allowed, except as may be determined by Station in its sole and absolute discretion on a case by case basis.
26. Winners are prohibited from selling any prize awarded or transferring any prize without Station’s authorization (which authorization must be in writing by a Station representative and shall be granted or withheld in Station’s sole discretion on a case by case basis). In the event that Station discovers or suspects (correctly or incorrectly) that a winner is attempting to sell his/her prize from Station (i.e., ebay, craigslist or otherwise), Station reserves the right, in its sole discretion, on a case by case basis to take any one or more of the following actions: (a) immediately disqualify the winner and deem any prize they were otherwise entitled to as forfeited, (b) refuse to award the prize to such winner, even if he/she represents that they will not resell or transfer the prize, and/or (c) prohibit the violating winner from participating and/or winning any future Station contests (whether for a fixed period of time or in perpetuity, in Station’s sole discretion) and if such winner ever wins a future Station contest during the period that he/she is banned, he/she shall be disqualified from the contest and forfeit any prize once it has come to Station’s attention. Further, Station reserves the right to track and/or cancel and invalidate any prize awarded that Station suspects was sold or transferred without authorization.
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27. Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the prize, as set forth in the contest rules, and may be issued an IRS 1099 form for all prizes won from Station where the aggregate value of all prizes is $600 or more in any calendar year.
28. Specific restrictions regarding awarded prizes will be provided, if applicable, to the winner. Unless restrictions delivered to a specific winner differ from the following, the following will apply generally to prizes awarded in Station contests:
(a) Any prize involving air travel will include only round-trip, coach-class air transportation from a commercial airport in the greater metropolitan area that the Station is located in. Winner is responsible for pre-payment of any taxes or airport, baggage or government fees or charges.
(b) Any prize involving overnight accommodations will include only one room, double occupancy, room only. Incidental expenses, taxes and ground transportation is not included. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses.
(c) Any prize involving travel (overnight accommodations, flight, motor coach, and/or rail etc…) may require that the winner and/or the winner’s guest(s) be over 18 or over 21. Guests may be required to sign one or more liability release agreements before being authorized by Station or its sponsor to be allowed to participate as winner’s guest on a trip.
(d) Any prize involving travel is based on availability and subject to additional restrictions including blackouts, peak period restrictions and expiration dates imposed by Station, sponsors and/or agents participating in the contest. These restrictions are not subject to negotiation. In addition, such winners/guests are solely responsible for obtaining any international travel documents, visas or passports required. Reservations are non-transferable and once booked and confirmed may not be re-scheduled. Winner and guests are required to travel on the same itinerary and changes may not be made once booked.
(e) With respect to travel, event tickets and/or events of any kind, Station and sponsors are not responsible for replacing or reimbursing winners with any form of compensation for flights or events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of Station and its sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, as well as all delays or cancellations due to acts of nature, terrorism (including threats), illness or war. Additionally, Station is not responsible for any work stoppage, bankruptcy or other condition beyond Station’s control that may affect Station’s ability to provide any of the prizes. Station is not responsible for any expenses incurred by contest winners as a result of such cancellations, delays or other circumstances beyond Station’s control.
(f) Any prize that provides an opportunity to meet with, participate in an activity with, interview or have similar interaction with any celebrity (other than employees of Station) is contingent upon the celebrity appearing for such activity/event, which is beyond the Station’s control. Station is not responsible if a winner and/or his/her guests are unable to meet such celebrity or participate in the associated activity if the celebrity determines this is not allowable for any reason or fails to appear/participate for any reason. In the event of illness, act of god, scheduling conflict or any other reason, Station is not responsible for this portion of the prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Station elects (in its sole discretion) to attempt to reschedule any such event/activity or offer an alternative prize, Station shall have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by winner for any reason whatsoever.
(g) Any prize that is awarded in the form of a gift certificate may have an expiration date and use of such certificate may be based on availability and include black-out periods, restrictions or excluded items (for example, tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.
(h) Any prize involving the award of cash will be paid in the form of a company check, payable only to the winner and no other person. Checks will be ready for pick-up within 60 business days after winning.
(i) In all instances in which winner has the right to select specific products, the choice or products offered may be limited by the Sponsor or certain specific products or manufacturers may be excluded. Winner will receive more information on such restrictions and limitations after they have been awarded the prize.
29. Odds of winning depend on the how the contest is conducted. For random drawings, the odds of winning will depend upon number of entries received. For contests in which winners are qualified for a grand prize drawing, odds will depend on the total number of qualifiers.
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31. All tie breaking procedures will be announced on-air, posted on Station’s website, and/or communicated in writing or by email to tied contest participants.
32. In the event that any winner, qualifier or finalist is disqualified in a contest for any reason permitted by the applicable contest rules at any point in time (before or after a winner is determined), Station shall NOT be obligated to select an alternative winner/qualifier/finalist and may instead elect to retain any associated prize(s) as its own property and/or dispose of any such prize(s) in any way it sees fit outside of (or within) the scope of the contest. In the event that any entrant or entry is disqualified or any prize is forfeited in accordance with the applicable contest rules, Station and sponsors have no obligation whatsoever to notify any such entrant of any such disqualification or forfeiture.
33. Inquiries by contestants or potential contestants to any employee of the Station (whether in person, by email, or by telephone) regarding the status of their entry or questions about a Contest may or may not be responded to and Station is not obligated to respond or treat to all inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact a Stations’ desire or ability to respond to such inquiries from time to time. Notwithstanding anything communicated by any Station employee in connection with any such inquiry, such information shall not be binding on Station (the sole determining information related to this Contest is as set forth in the applicable contest rules) and shall not be deemed to be providing any type of improper assistance or advantage to any particular contestant over another. Any attempt by Stations to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.
34. Station Management shall be the sole arbiters in all matters relating to the contest and in the interpretation of contest rules. Their decisions shall be final. Entry into the contests constitutes agreement by contestants to abide by these rules, as well as any other rules established by Station.
35. By participating in a Station contest, entrants hereby agree and each entrant hereby remises, releases and forever discharges and agrees to indemnify and hold harmless Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event. In the event that the associated contest is administered by Station (in whole or in part) via a Facebook page, entrants understand and agree that the foregoing liability release and indemnification in this Section 34 shall also include the release and indemnification of Facebook by entrant in the same manner in which Station is released and indemnified.
36. By entering a Station contest, entrants understand that Station staff may choose to comment on, mock, poke fun at, and/or mimic any entrant’s entry and/or performance. Entrants waive any right to make any claim against Station or any contest sponsors with respect to any comments - disparaging or otherwise - made regarding such entrant and/or his/her entry, entry materials, performance, voice, appearance, participation and/or any other information provided or disclosed to Station during the course of a contest.
37. By participating in a Station contest, entrants hereby consent to the Station and contest sponsors’ usage of any one or more of the following for on-air broadcast and for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: contestant’s name; voice; likeness; biographical information; his/her participation in the contest; and the substance of the contestant’s telephone call, entry form, essays, songs, videos, photos or any other contest submissions. By entering or participating in any Station contest, entrants understand and agree that Station may take photographs and/or videotape and/or audiotape any entrants participation, appearance and/or performance in connection with any Station contest (before, during or after the contest) and that Station will own any such photos, audio and/or video and shall be free to utilize such materials in any way it sees fit during or after the contest with no compensation to the entrants, including without limitation posting any such photographs, audio and/or videos on its website.
38. Station and its sponsors are not responsible for any technical difficulties, technical malfunctions or errors (whether technical or typographical) experienced due to overload, busy signals, loss of phone service, internet availability, electronic problems, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website (including, without limitation, third party websites and social networking sites), telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or
© Entercom Communications Corp. 2010 | All Rights Reserved (v.6/10) 10
lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any of the websites, computer virus, bug, complications or server performance suspected to be caused by automated entry, voting or web traffic, or other errors or corruptions of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of information or the failure to capture, or loss of, any such information or any other factor that may prevent an individual from completing or Station from receiving (accurately or otherwise) a phone call, an email, accessing any website (including the Stations or any third party website), or for any problem associated with the Station website or voting website or software, internet, telephone connections, servers, routers, or any other technical problem that may impact entry, participation, voting or prize claim in any way, regardless of the cause, including, without limitation, any injury or damage to any person’s computer, equipment, property, software or network related to or resulting from participating in a Station contest or visiting its websites (whether as an entrant, visitor or voter). Station and its sponsors assume no responsibility for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in a Station Contest. Station is not responsible for any printing errors or typographical errors.
If, for any reason, in the sole opinion of Station, any contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, technical slow-downs, or any other causes, whether discovered or suspected by Station, which, in sole opinion of the Station, does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Contest, Station reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the affected contests and/or the voting portion of any Contests with or without selecting qualifiers, finalists or winners, and/or provide alternative means of entry or voting or any other changes to these contest rules that Station deems appropriate under the circumstances In the event of termination, suspension or modification of a contest, a notice will be posted online.
41. Complete contest rules are available at the Station studios at 0700 S.W. Bancroft St., Portland, Oregon 97239 during normal business hours of 8:30am to 5:30 p.m., Monday through Friday or go online to the applicable Station’s main website.
42. Station contests are subject to all applicable laws and regulations and are void where prohibited.
43. Station reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) alter or amend these Contest rules at any time; and (iii) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.
44. Winner’s List: For a list of winners mail a self-addressed stamped envelope to the Station address identifying the name of the particular contest that you would like to receive a winner’s list for. The Station address is 0700 S.W. Bancroft St., Portland, Oregon 97239. All requests for winner lists must be mailed and received by the Station after the contest is over but prior to 4 months after the contest has been concluded.
45. These are general contest rules, and rules for individual contests may vary. To the extent that any specific contest rules differ from these rules, the specific contest rules will govern and control.
46. All times are local Portland, Oregon time (Pacific time), unless otherwise announced for a particular contest.