Contest Name: Fix My Crooked Smile (the “Contest”) Station: WKQI (the “Station”) Station Address: 27675 Halsted, Farmington Hills 48331. Telephone: 248 324 5800
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. This Contest is open only to individuals ("Entrants") who are legal residents of the 50 United States and the District of Columbia that are or will be at least 18 years of age at the time of entry. If you are not a permanent resident of the United States or you are not the required age as of time of entry, you are not eligible to participate in this Contest or to win a prize. Void outside participating Station’s Total Market Area (TMA) and where prohibited or restricted by law. Odds of winning depend upon the number of eligible entries received during the Entry Period. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
Clear Channel Broadcasting, Inc., its subsidiaries, affiliated companies and divisions to include individual Stations, iHeartRadio and Clear Channel Media+ Entertainment (collectively, the “Company”), will conduct its promotional contests substantially as described in these official contest rules. “Contest Entities” shall be collectively be referred to herein to mean any party or entity associated in any way with the Contest, including but not limited to Company, Contest administrator, individual participating Stations, the Contest’s sponsoring organizations, any third party prize provider(s) and or prize fulfillment service, and each of the foregoing’s respective parents, subsidiaries, affiliates, officers, directors, employees, talent, artists, volunteers and contractors of each individual foregoing parties.
By participating, each participant (and if eligible minors, their parents/legal guardians) 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. For a list of participating stations and/or a copy of the official contest rules, please visit the office of the participating station during normal business hours or send your request to as instructed herein.
The Contest is administered by the Company and any questions, comments or complaints regarding the Contest must be directed to the contest administrator. Entrant(s) agrees to and acknowledges that any information provided will be used for administering the Contest and in accordance with Clear Channel privacy practices found here.
Entries should comply with the following: Submit a photograph of your child’s smile Must be FCC acceptable, including no use of indecent or obscene material or language. Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property,
proprietary, or contractual right of a third party. No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such
person’s consent. No content or material that is illegal, contains nudity or is sexually explicit, or by law, obscene, profane or pornographic. No misrepresentation or disparaging remarks about 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 materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without
The Company 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 Company for airing advertising. The Company 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 COMPANY 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 Company 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 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.
ENTRY CRITERIA: Contest submissions are limited to amateur photographers only. An amateur is defined as an individual earning 10 percent or less of his/her income from photography. The photograph (the “Photo”) must have been taken by you of your child’s smile. All entries must be submitted and received before the registration deadline. Limit of one Photo entry per email address per person.
Format of the Photo
While choosing the photo for submission ensure that the picture is of high quality and your child is alone in that photo. The size of the photo must be a minimum of 300 dpi (1200x1200 pixels) and should not exceed 2MB photo must be in either of these formats 'gif', 'jpeg' or 'png' only. Photo of different size and format will not be successfully uploaded.
The Company reserves the right to reject any photograph that they define as unacceptable. Photo submitted for the contest should not have any copyright restriction. In case any issue arises; it will be the sole
responsibility of the participant. Altered or electronically enhanced images will not be considered. Photo should exhibit the theme of the child photo contest; a photograph of teeth
By submitting an 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 AND ENTRY LICENSE GRANTED: By entering you are not required to transfer ownership over your entry to anyone. However, in consideration of the chance to win a prize hereunder, by submitting the Entry to us, you hereby grant to us a worldwide, non-exclusive, non-restrictive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, display, and perform the Entry (including any title of the Entry and your name and likeness) in connection with the Station and the Contest (and all places where some or all content from the Station’s website is available) and otherwise in connection with the Station’s and the Company's businesses, including without limitation for promoting and redistributing part or all of the Station, its website, or iheartradio.com (and derivative works thereof) in any media formats and through any media channels now known or hereinafter developed without time limitation. You also hereby grant each user of the Station’s website a non-exclusive license to access the Entry. If you do not want grant the rights as set forth herein, please do not participate in the Contest.
Additionally, you agree to grant to the Company all rights to use any Entry that you submit, and the image, likeness, voice, name and photographs in the Entry or otherwise submitted or provided by you in any publicity or advertising relating to the Entry or the Company and the Contest, without compensation or approval (except where prohibited by law) in any and all media now known or hereinafter developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS:
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it link to DMCA takedown policy 1. Description of Contest/Participation.
Dates of Contest: Contest will begin October 7, 2013 at 6:00 am ET and end October 31, 2013 at 10 am ET (“Contest Period”).
CERTAIN HEALTH REQUIREMENTS ARE NECESSARY TO BE A SURGICAL CANDIDATE. THE WINNER MUST BE PRE- APPROVED FOR THE SURGICAL PROCEDURE(S) BY THE SPONSORING PHYSICIAN(S), IN HIS/HER SOLE DISCRETION. THE PROCEDURE OR PROCEDURES PERFORMED WILL BE MADE BY THE PHYSICIAN, IN THE PHYSICIAN’S SOLE DISCRETION, BASED ON HIS/HER EXPERTISE AND EXPERIENCE.
How to Enter: All entries must follow the Entry Guidelines set forth above. Submit your entry by logging onto the www.channel955.com beginning October 7, 2013 at 6:00 am ET and follow the Contest links to register. DEADLINE FOR ONLINE REGISTRATION is October 18, 2013 at 10 am ET. Valid contest entries must contain all information requested. Incomplete and/or multiple entries will be disqualified. One entry per person per the contest period. A Parental Consent form must accompany the
submitted entry. Parents and/or the legal guardian(s) may print or download the Consent form by going to http://content.clearchannel.com/cc-common/mlib/1922/10/1922_1381157190.pdf.
Contestants must be 13 years of age or older as of 10/31/2013, minors must be submitted by the child's parent or legal guardian.
BY ENTERING THE CONTEST, YOU ARE VERIFYING THAT YOU ARE THE OWNER AND PRODUCER OF THE SUBMITTED MATERIAL AND THAT NO THIRD PARTY OWNERSHIP RIGHTS EXIST TO THE MATERIAL SUBMITTED WHICH WOULD RESTRICT THE RIGHTS GRANTED HEREUNDER. YOUR SUBMITTED RECORDING WILL NOT BE RETURNED AND YOU WILL NOT BE PERMITTED TO USE THE SUBMISSION FOR ANY COMMERCIAL USE AFTER IT HAS BEEN SUBMITTED.
All entries must include your child’s photo and a signed parental release downloaded from the Station’s website at http://content.clearchannel.com/cc-common/mlib/1922/10/1922_1381157190.pdf The form must be filled out in its entirety and fully executed to be deemed completed. The completed parental consent form can be faxed to 248-324-5800 deadline to submit a fax is Friday, October 18, 2013 at 9:59 am ET. (**Please do not wait until the deadline to send in your fax, if the fax machine is jammed with last minute entries and your fax is not received by the deadline we will not be able to include your photo.**)or submitted via email to email@example.com prior to the entry deadline stated herein as a PDF attachment. All completed consent forms must be received by the Station before the photograph will be accepted or entered or otherwise posted for viewing. Photos with multiple children must have multiple release forms executed, one for each child in the photo in order for the photo to be eligible for the contest. Only the legal parent or guardian can submit a release form for their child. IF A SIGNED PARENTAL RELEASE HAS NOT BEEN RECEIVED BY THE ENTRY DEADLINE STATED HEREIN, THE SUBMISSION WILL NOT BE ELIGIBLE AND ENTRANT WILL HAVE FAILED TO COMPLETE REGISTRATION AND NO VALID ENTRY MADE.
Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. 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, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Entries must contain all information requested and must be received on or before the deadline for registration to be considered valid. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. A limit of one entry per day is allowed per individual and if applicable per e-mail address for the duration of the contest, unless otherwise specified above; and accordingly subsequent entries determined to be submitted from the same email address or from the same individual using multiple email addresses in violation of this rule will be declared ineligible. All Entries become the property of Company and will not be receipt acknowledged or returned. Administrator‘s decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest.
CONTEST PHOTO GALLERY: Each submission must meet ALL of the qualifications and entry guidelines set forth above! Only the valid eligible entries will be posted on the Contest page for voting.
VOTING & JUDGMENT PROCESS: The voting of the submissions entered will be divided in two parts, which are Judges Votes and Public votes. Judges vote are based on the defined parameters mentioned below.
All entries are to be judged with no discrimination towards sex, race, or age. The voters will be allowed to vote only once in a day per verified email address. A strict security has been designed to monitor any vote tampering in this process. If noticed an attempt to circumvent the rules of voting by any other method to increase the number of votes, those polls will not be added and that particular submission may be disqualified at the discretion of the Company. The decision of disqualifying any submission due to the breach of the rules will be completely at the sole discretion of the Company and will take place without any intimation to the entrants.
Voting Period: Beginning October 21, 2013 at 6:00 AM ET the Station will post all eligible entries on its website and invite listeners to vote for their favorite “Crooked Smile” DEADLINE TO VOTE IS October 30, 2013 AT 10 AM ET
Voting is limited to one vote per verified email address per day. If an entrant receives irregular or fraudulent votes or multiple votes from the same user or users in one day, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Company reserves the right to disqualify the finalist in its sole discretion.
In the event of two or more contestants have the same number of votes; the Station will elect a panel of judges to select the finalist(s) based on the judging criteria, listed above. ALL DECISIONS OF THE JUDGES WILL BE FINAL.
Final Judging Period The Company elected the panel of judges will determine the prize winner using the judging criteria listed below. ALL DECISIONS OF THE JUDGES WILL BE FINAL. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. The winner will be announced on October 31, 2013.
Judging criteria used for the judges is based on the following equally weighted criteria:
Popularity based upon Public Voting Need Originality Persuasiveness
NOTICE: If an entrant is unable to verify registration information the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Company reserves at its sole discretion the right to choose an alternative qualifier or possible winner in the event that that a qualifier or possible winner has been disqualified or is deemed ineligible. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. The Station is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. All decisions of the Company and/or judges will be final. If any prizewinner and or qualifier are not available to participate, deemed ineligible or disqualified for any reason whatsoever as specified by the Contest Entities, in their sole discretion, the qualifier and or prizewinner privileges will be forfeited entirely and an alternative qualifier and or prizewinner may be selected from among the Eligible Entries received, as defined herein. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then you will be disqualified; and (e) The potential winner and or qualifier must be available to participate when applicable in any portion to the contest that participation may be required to be considered eligible.
2. Prize(s). No more than the advertised number of prizes shall be awarded. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Company's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Company. The Company reserves the right at its sole discretion to substitute any prize (or prize component) with another prize (or prize component) of equal or greater value. Administrator is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment company. The Sponsor and Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this contest.The prize is awarded if properly claimed according to the Rules and if there are sufficient eligible entries. The Company 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, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of winner(s). 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. The prize(s) that may be awarded to the eligible winner(s) are:
The prize of a dental procedure provided and decided upon by Dr. Simony of the Dr. Michael Simony DDS & Associates, Comprehensive Aesthetic Dentistry, after an evaluation of the winner’s current condition and overall health. Winner must complete a free consultation with Dr. Simony to be deemed eligible for the Grand Prize. Certain health requirements are necessary to be a surgical candidate. The winner must have their physician’s written approval to participate in addition winner must be pre-approved for the surgical procedure(s) by Dr. Simony, in their sole discretion
Grand prize procedure is valued up to $20,000. If winner is a suitable patient for the procedure as determined by Dr. Simony, winner may elect at their sole discretion to receive the doctor recommended procedure valued up to $20,000. Actual
prize value may vary depending on procedures selected by the physician and winner. Value of prize covers the facility fee, surgeon’s fee and cost of the procedure. Any care needed after the date of surgery will be charged at the usual and customary fees at the expense of the patient. Prize provided by Dr. Michael Simony DDS & Associates, Comprehensive Aesthetic Dentistry. All pre-operative or post-operative medications prescribed, x-ray fees or laboratory testing fees are sole responsibility of each winner. All transportation to and from surgical procedures and all procedure follow-up is responsibility of each winner. If for any reason the physician does not feel a winner should have a surgical procedure the winner will receive an alternate prize and must forfeit the remainder of the prize package. Estimated out of pocket expenses are expected to be $0, the actual amount will vary, depending on the nature of procedures to be done.
The winner must be available to undergo the procedure within 30 days of winning or as required by Dr. Simony. The winner will forfeit the prize unless he or she: (1) responds within seven (7) days to notification (or attempted notification) from Station
that he or she has been selected as the winner, (2) satisfies all requirements of these Rules, and (3) follows the advice, recommendations, and instructions of Dr. Simony pertaining in any way to the procedure.
Conditions and restrictions may apply. All applicable taxes (including, but not limited to all local, state and federal taxes) on all respective prizes awarded, upgrades and any other expense(s) not specifically identified in these Official Rules as included in a prize are the sole responsibility of each winner. 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 the Company’s sole discretion. All prizes must be redeemed within 30 days of the contest end date unless otherwise stated in the contest’s official rules or upon notification, or unless required as in date specific prizes. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative prize winner. For certain prizes which are date specific such as event or concert tickets, the Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Sponsor. The Company reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value or may substitute such prize with another prize of equal or greater value, if for any reason a prize, or any portion thereof, as described herein should become unavailable for any reason. Any prize substitution shall be at the sole discretion of the Company and or Sponsor(s). When applicable prizes involving personal appearances of artists or celebrities are subject to artist/celebrity’s schedule. If, after a prize has been selected and ticketing has been completed, artist/celebrity is unable to appear, such portions of the prize will be forfeited and Sponsor and/or the Company shall have no further obligation to winner. Winner(s) must present state authorized identification prior to being awarded the prize. Winner may be required to present a copy of a valid social security card and valid identification as a condition of participating or receiving any prize when winner will be issued an IRS Form 1099 reflecting the actual value of all prizes won. 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. If actual value of the prize is less than the stated ARV, or the winner and/or if applicable, his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
3. Eligibility and Limitations. Unless otherwise stated herein above, participants and winner(s) must be at least 18-years old, as of the date of entry and prize award and is a legal resident of the 50 U.S. or D.C. Participants and winners must reside within the participating Station’s Total Market Area (TMA) as determined by the Station or otherwise defined by Arbitron. Commonly the TMA represents the total overall radio station's comprehensive listening market audience within a geographic area encompassing all industry defined media market areas. In the event a participant must be at least 18 years old but are not the age of majority in their state of residence, then whichever is older, shall determine the minimum age requirement for eligibility of the entrant, when applicable. If entries include 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 herein, only one (1) entry per person and only one (1) prize per household for any thirty (30) day period. 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 a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases 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 herein or at the time of notification. 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. Notwithstanding the determined age requirement set forth above, it is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the contest and no one under the age of thirteen (13) shall be permitted to enter any Contests at any time, under any circumstances. Affiliates, and each of their respective employees, shareholders, directors, officers, members, successors or agents of the Company, 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.
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. 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 its sole discretion. 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.
policies. Any available opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning.
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. Releases and Conditions. As a condition of participating in the Contest, participants agree and acknowledge that in order to receive a prize, participants must sign an official waiver form provided by the Company and agree to the terms herein, including but not limited to the prize conditions in this paragraph. The prize is subject to certain terms and conditions as specified herein. 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, prize provider(s), any applicable third party fulfillment service, and each of 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. Winner and if applicable, winner’s 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). By accepting the prize, 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, any participating Station, and when applicable the Contest’s sponsor(s), prize provider(s), third party fulfillment service, and each of 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 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 taxes, related fees, other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of prizewinner. The Company, Sponsor, and 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 Company will have no further obligation to winner.
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, regardless of whether prize is used in whole or in part. 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 Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest to The Company’s, Station’s and/or Sponsor's "discretion" and/or any exercise of discretion by Sponsor, Station or the Company shall mean in Company’s, Station’s and/or Sponsor's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further 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) cancel, terminate or modify the contest if, in the sole discretion of the Company, 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 ; (iii) alter or amend these Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.
11. Miscellaneous. Void outside the United States, and wherever prohibited or restricted by law. Station reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all participants. Odds of winning depend upon the number of eligible entries received during the Contest Period from all participating stations. 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 participating Station during normal business hours or visit the Station’s website. 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. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
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. The Company and participating 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.
WAIVER AND RELEASE AGREEMENT PHOTO OR VIDEO SUBMISSION CONTEST
**This form must be filled out completely, signed, and both pages faxed to _____________ or scanned and e-mailed to _________________________ before photos/videos can be posted on _____________com**
I ________________________ am participating in a promotional contest called ______________________ (herein defined as the “Contest”) conducted by radio station _______________________ (herein defined as the “Station”). In order to participate in the Contest, I have personally submitted a photograph or video or recording (herein defined as “Media’) which may be posted on the Station’s internet website for voting. By participating in the Contest, I have a chance to win ____________________________________________________(the “Prize”). I understand that the Media submitted may be viewed on a public website and may be judged or voted on by the public as a part of the Contest. I understand that in order to participate in the Contest, I also consent to be subject to the station’s Contest rules and have reviewed the Contest Rules. In consideration for allowing me to participate in the Contest, I understand and agree to the following:
For purposes of this Release Agreement, the “Released Parties” shall mean any person or entity associated in any way with the Contest, including but not limited to the Station, Contest sponsors, Clear Channel Broadcasting, Inc., and each of their respective parent, subsidiaries, affiliates, officers, directors and employees. Furthermore, for purposes of this Release Agreement, the term “Loss” shall mean all damages, losses, costs, and injuries of every kind and character including, but not limited to, all economic damages, loss of business opportunities, embarrassment, mental anguish, loss of consortium, loss of services, loss of companionship, and loss of employment.
IN CONSIDERATION FOR ALLOWING ME TO PARTICIPATE IN THE CONTEST, I, HEREBY HOLD HARMLESS, RELEASE, INDEMNIFY, AND DISCHARGE FROM LIABILITY THE RELEASED PARTIES FROM ALL LIABILITY, CLAIMS, JUDGMENTS, DEMANDS, CONTROVERSIES, AGREEMENTS, DAMAGES, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, ARISING OUT OF OR RELATED IN ANY WAY TO THE CONTEST OR THE CONDUCT OF THE CONTEST, WHETHER IN LAW OR EQUITY, NO MATTER WHAT THE CAUSE OR NATURE, AND I FURTHER WAIVE ANY CLAIMS THAT I MAY STATE OR ASSERT AGAINST ANY OF THE RELEASED PARTIES IN ASSOCIATION WITH THE CONTEST OR ANY OF ITS ASSOCIATED ACTIVITIES, OR IN ANY WAY RELATED TO OR RESULTING FROM THE CONTEST EVEN IF SUCH INJURY OR CLAIMS RESULTS FROM OR IS CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES, IN WHOLE OR IN PART. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM ARISING OUT OF MY PARTICIPATION IN THE CONTEST INCLUDING, WITHOUT LIMITATION, ALL CLAIMS BROUGHT OR ASSERTED BY ANY THIRD PARTY AS A RESULT OF ANY INJURY OR LOSS THAT I OR THEY MAY SUSTAIN IN ANY WAY ASSOCIATED WITH MY PARTICIPATION.
I hereby warrant and represent that (i) I am the sole owner of the Media submitted in the Contest; (ii) that I have obtained the written consent, release, and/or permission of each and every identifiable individual person in the Media submitted to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Media in the manner contemplated by the terms of the corresponding Contest Rules. (iii) if representing that the Media subject is myself, by my signature and submission of this release, I warrant that the subject of the Media is myself and of no one else; (iv) that such Media does contain any materials owned or controlled by a third party for which I have not obtained a license; and (v) that such media does not infringe on any third party’s intellectual property rights, including copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
I understand that by entering and submitting in the Contest, I have granted to the Released Parties, 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 forms, now known or hereinafter created, anywhere in the world, for any purpose.
I acknowledge and agree that the Released Parties may subsequently use for publicity and/or promotional purposes, my name, likeness, photographs, videotapes, other recordings or Media, including but not limited to the Media submitted in the Contest, without any additional consideration to me beyond allowing participation in the Contest.
I understand and agree that the Media posted on the Station’s website, may be posted for the purposes of a website based voting competition alongside other contestants. The competition may be advertised by the Station on-air or by other advertising medium.
I certify, acknowledge and agree as follows: (i) I am over the age of eighteen (18) and am legally competent to sign this Release; (ii) I have read this agreement carefully and understand its provisions; (iii) I understand that I have the right to consult with an attorney; (iv) I have determined that it is in my best interest to enter into this agreement; (v) I have not been influenced to sign this agreement by any statement or representation by the Released Parties not contained herein; (vi) If any provision of this Agreement is deemed unenforceable or void, the remainder of this Agreement shall not be affected and will be fully enforceable, and (vii) I enter into this agreement knowingly and voluntarily.
Date: ________________________ E-Mail: ______________________ Phone:(_____)________________ Alt.Phone: (____)______________
Print Name: ___________________________________ Signature: ____________________________________ Address: _____________________________________
MINOR’S RELEASE STATEMENT (IF MEDIA SUBJECT IS UNDER 18 YEARS OLD, PARENT OR LEGAL GUARDIAN MUST REVIEW AND SIGN MINOR’S RELEASE BELOW:
I hereby confirm and certify that I am the parent or legal guardian of __________________________ ___________________________________ , “My Minor Child(ren)”. I hereby execute the foregoing Waiver and Release for and on behalf of My Minor Child(ren) and agree to bind myself, My Minor Child(ren)’s and any heirs, next of kin assigns or personal representatives to all the terms of this Waiver and Release. I fully consent to My Minor Child(ren)’s participation in the Contest and I agree that all provisions of the above Waiver and Release shall be effective as to My Minor Child(ren). I also agree to indemnify and hold harmless the Released Parties for any expenses, claims or liabilities that may arise as a result of any insufficiency of my full legal authority to execute the foregoing Waiver and Release Agreement.
Parent/ Legal Guardian Signature: Date: _________________________ Parent/ Legal Guardian Printed Name: _________________ Minor Child Name: _________________________________________________________________________ Minor Child Name: __________________________________________________________________________ Address: City/State/Zip: ____ Telephone: _______________________________________________
*THIS FORM MUST BE FILLED OUT AND SIGNED BY THE LEGAL GUARDIAN OF A MINOR CHILD