General Contest Rules
Any individual who enters, attempts to enter or in any way participates or attempts to participate in any including contests, sweepstakes and giveaways (“Contest”) Acadiana Broadcasting Group, Third Partner Broadcasting and Broadcast Partners (hereinafter referred to as the “Sponsor”) (each such individual in hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these General Contest Rules (“General Rules”), as well as by Sponsor’s interpretations of these General Rules which are final and binding in all matters relating to any Contest. Some Contests will have specific rules developed for them (“Specific Contest Rules”). In the event there is a discrepancy or inconsistency between these General Rules and the Specific Contest Rules, the Specific Contest Rules shall control.
No Purchase Necessary
Unless otherwise noted, no purchase is necessary to enter or win a prize. All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law. Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by visiting the office of the station during normal business hours.
Eligibility
Unless otherwise specified, each Contest is open to only to individuals who (i) are legal U.S. residents, (ii) who are 18 years of age or older at the time of entry and (iii) who reside within the participating station’s listening area.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win the prize.
The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. An individual may win only once (1) every thirty (30) days. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
How to Enter
Entry methods for Contest, Giveaways, and Sweepstakes will be specified by Sponsor and entries must be received during the Contest, Giveaways, and Sweepstakes period to be eligible. Generally, these will involve one or some of the following: on-air entry, online entry, text to enter, social media, content submission or skill contest. Sponsor shall not be responsible for incomplete, invalid, late, lost, unintelligible, inappropriate, or misdirected entries (either by phone, text, social media, web submission, etc.), all of which will be disqualified. The Sponsor assumes no responsibility for entrants not making timely phone calls to the station or other timed entry. Entrants should not rely on streamed broadcasts to participate in any promotion. Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. All entries become the property of Sponsor and will not be acknowledged or returned.
By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor 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 these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Contest that participation may be required to be considered eligible.
Winner Selection
Prize winners will be determined according to the method specified by Sponsor at Sponsor’s sole and exclusive discretion. The winning entrant will be contacted using the email address, text message, telephone number or any other method available to Sponsor with the entries provided information and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules or the specific Contest, Giveaways, and Sweepstakes rules). Sponsor’s decisions as to the administration and operation of Contest, Giveaways, and Sweepstakes and the selection of potential winners is final and binding in all matters related to the Contest, Giveaways, and Sweepstakes.
Potential winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events.
As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Sponsor reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if a potential prize winner who is an eligible minor in his/her state of residence, the potential prize winner’s parent or guardian, may (in Sponsor’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 hours after the first 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, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.
Prizes
Contest, Giveaways, and Sweepstakes prizes will be as specified by Sponsor. The odds of winning the prize depend on the number of eligible entries received.
The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will be announced for each Contest separately. No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. The prize will only be awarded if properly claimed according to the Rules. All costs, expenses, taxes, etc. related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s). All prizes are awarded “as is” and the sponsor does not make (and is not responsible for) any representations, guarantees, or warranties of any kind, express or implied, in fact or in law, relating to any prize (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose), and all such warranties are hereby disclaimed.
Publicity
Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
Taxes
All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Contest or Sweepstakes become the sole responsibility of the winner. Any person winning over $600.00 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
General Conditions
Sponsor reserves the right to cancel, suspend and/or modify any Contest, Giveaways, and Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest or Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, Giveaways, and Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Contest, Giveaways, and Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
Limitations of Liability
By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the Contest Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Contest, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness prior to acceptance of the prize. The Released Parties 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. Upon awarding the prize, the Sponsor will have no further obligation to winner.
Disputes
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with a Contest or Sweepstakes, or any prizes awarded, other than those concerning the administration of the Contest or Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Contest or Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the entrant’s Acadiana Broadcasting Group, Third Partner Broadcasting and Broadcast Partners radio station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest or Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest or Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state in which the entrant’s Acadiana Broadcasting Group, Third Partner Broadcasting and Broadcast Partners radio station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the entrant’s Acadiana Broadcasting Group, Third Partner Broadcasting and Broadcast Partners radio station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the entrant’s Acadiana Broadcasting Group, Third Partner Broadcasting and Broadcast Partners radio station is located.
Miscellaneous
Sponsor reserves the right to determine eligibility should special circumstances arise; all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Contest. As a condition of participating in the Contest, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. 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.
All trademarks, service marks, trade names, trade dress, product names and logos appearing in the sweepstakes are the property of their respective owners; use does not imply affiliation or endorsement.
Acadiana Broadcasting Group, Third Partner Broadcasting and Broadcast Partners reserves the right to alter, change or modify any or all of these General Contest Rules at any time without prior notification.
