Filed underContest Rules
KTWV FM $1,000 Song Of the Day Cash Giveaway Part 4
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. HOW TO ENTER
a. These rules govern the KTWV $1,000 Song of the Day Cash Giveaway promotion (the “Promotion”) being conducted by KTWV-FM (the “Station”) beginning on Monday, February 4, 2013 at 9:00am Pacific Time (“PT”) and ending on Friday, March 1, 2013 at 4:59pm PT (the “Promotion Dates”).
b. To participate in the Promotion, you must listen to the Station Monday through Friday during the Promotion Dates for the announcement of the cue to call. The cue to call is the start of the song of the day; the song of the day will be announced in a direct mailer (that will be mailed to listeners in select zip codes) and will also be posted online on the Station’s website. The song must be played on the terrestrial radio broadcast of the Station. If the song is played on the Station’s online stream but not on the terrestrial radio broadcast, the playing of the song of the day will not be valid for this Promotion as the cue to call. Upon hearing the cue to call, the ninety-fourth (94th) caller to get through to the Station contest line at 1-800-520-WAVE will win a prize upon confirmation of eligibility. At the time of their call, callers will be required to provide all information requested including their full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. In the event that the selected caller is disconnected or is found to be ineligible, the next eligible caller that successfully makes it through on the call-in line and completes their call will be a winner. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a prize winner only once. There will be up to a total of twenty (20) prize winners selected on-air during the Promotion Dates. The Station is not responsible for telephone service outages, delays, busy signals, equipment malfunctions and any other technological difficulties that may prevent an individual from completing his/her telephone call.
c. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to the Station on-air. The Station is not responsible for online streaming delays.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are 18 years of age or older and who reside in one (1) of the following Southern California Counties: Los Angeles, Orange County, San Bernardino, Riverside, San Diego or Ventura. Employees of the Station, the Station’s licensee (collectively, “Promotion Entities”), their respective parent, subsidiary and affiliated entities, Station’s advertising and promotional agencies and participating sponsors, other radio stations in the Los Angeles metropolitan area, the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Entrants are responsible for complying with these Official Rules.
b. Listeners are eligible to win a prize valued at $50 or more or event tickets valued at $100 or more from the Station only once every thirty (30) days, and listeners are eligible to win a prize in a Promotion conducted by the Station only once every sixty (60) days if the prize is valued over $600 and only once per year if prize is valued over $1,000. Only one (1) winner per household is permitted in any Station promotion.
c. The winners may be required to present valid government-issued photo identification and must provide their complete address, date of birth and phone number to claim a prize.
d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. Up to twenty (20) prizes will be awarded in this Promotion.
b. Fifteen (15) prize winners will be awarded between the dates of February 4, 2013 and February 22, 2013. Each prize consists of the following: two (2) tickets (valid for winner and one (1) guest) to the Wave’s Smooth Night Out on Saturday February 23, 2013 at Nokia Theatre L.A. Live located at 777 Chick Hearn Ct. Los Angeles, CA 90015 and one (1) $1,000 check made payable to the winner. The Approximate Retail Value (“ARV”) of each prize is: $1,090.00. The winners will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Prize. The prize is awarded as is. The tickets will be subject to the terms and conditions as set forth by the issuer of the tickets. Tickets are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will tickets be replaced if lost or stolen. Tickets may not be sold to a third party. All other costs not specifically stated herein, including but not limited to those of taxes, meals, tips and ground transportation to/from the Wave’s Smooth Night Out concert, are the responsibility of the prize winner. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner will be to award the remaining available elements of the prize and no substitution or compensation will be provided for the unawarded elements of the prize. The Station, in its sole discretion, reserves the right to deny entry to or to remove the winner and/or guest(s) if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person at the Wave’s Smooth Night Out concert.
c. Five (5) prize winners will be awarded between the dates of February 25, 2013 and March 1, 2013. Each prize consists of the following: one (1) $1,000 check made payable to the winner. The ARV of each prize is: $1,000.00. The winners will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Prize. The prize is awarded as is.
d. Winners that won concert tickets may pick up their concert ticket portion of the prize at the Station located at 5670 Wilshire Blvd. Suite 200 Los Angeles, CA 90036 between the hours of 9:00am PT and 5:00pm PT Monday through Friday. Any tickets not picked up by 5:00pm PT on Friday, February 22, 2013 will be available to be picked up at the will call window at Nokia Theatre L.A. Live located at the address listed above in Section 3b during their box office hours. In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize or prize certificate.
e. The $1,000 check prizes will be awarded in the form of a check from CBS Radio. Processing of the check will begin when the winner has completed all paperwork and required releases/affidavits and all required documents are received by the Station. Prize checks will be mailed to the winners address provided on the W9 form filled out by the winner. In the event that the W9 address is invalid, the secondary source of mailing address will be used (the address listed on the winner’s valid photo ID). The check may take 10-14 weeks to be received. The Station is not responsible for the safe arrival of a prize or prize certificate.
f. The Prize(s) is not transferable, and no substitution, assignment, or cash equivalent of prize is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Entrants acknowledge that the Promotion Entities have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. Up to twenty (20) potential prize winners will be selected on-air during the Promotion Dates as described in Section 1 of these Official Rules. Winners will be notified of winning by the Station at the time of their winning phone calls. Prizes will be awarded upon confirmation of eligibility and completion of all requisite releases.
c. Odds of winning depend in part upon the number and order of calls received.
d. Entrants must listen to the Station to win but do not need to be present to win.
e. For any prize check the prize winners (or their parent or legal guardian if under the age of majority) must execute and return any required affidavit of eligibility and/or liability/publicity release within thirty (30) days of winning or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize and will be required to complete and submit an IRS form W-9 with the winner’s full social security number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the station (or any other CBS Radio station in station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of the prize (s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its agents to interview the winner(s) (or guest(s), if applicable), to photograph, film, and record each winner (or guest, if applicable), and to use in commerce and in any media now or hereafter known throughout the world in perpetuity, his/her name, prize won, hometown (city and state), biographic information, likeness, photograph, audio or video recording, and/or any statements made by him/her regarding the Station, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion’s sponsor(s), the Station, its licensee, their respective parent, subsidiary and affiliated entities, their advertising and promotional agencies, prize suppliers, and participating sponsors, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Promotion, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in Promotion, or delivery, possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend, and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Promotion or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
f. The use of any device to automate entry is prohibited and will result in disqualification. Online entries generated by a script, macro or use of automated devices will be disqualified at the Station’s discretion. The Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. For phone or mobile entries, the authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Station’s website. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station reserves the right to disqualify that entrant from entering and/or winning this and future Station-administered Promotions and to prosecute and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Promotion and shall not be required to award a substitute prize.
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize (s) shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, by entering the Promotion, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by March 1, 2013 to “KTWV $1,000 Song of the Day Cash Giveaway” Promotion – Official Rules,” Attn: Promotions, KTWV FM 5670 Wilshire Blvd Suite 200 Los Angeles, CA 90036.For the names of the prize winners send a self-addressed stamped envelope for receipt by May 1, 2013 to the above address marked “KTWV $1,000 Song of the Day Cash Giveaway” – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at 947thewave.com.
Administrator: 94.7 The Wave FM Wilshire Blvd. Suite 200 Los Angeles, CA 90036
Sponsor: 94.7 The Wave FM Wilshire Blvd. Suite 200 Los Angeles, CA 90036