The following promotion is intended for participants in the United States only, and will be governed by United States laws. Do not proceed in this promotion if you are not eligible or not currently located in the United States. Further eligibility restrictions are contained in the official rules below.
K-FROG’s CITY SALUTE #1 TEXT GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
1. HOW TO ENTER
a. These rules govern the “K-FROG’s City Salute #1 Text Giveaway” promotion (the “Promotion”), which is being conducted by KFRG-FM and KXFG-FM (collectively referred to as the “Station”). The Promotion begins on Wednesday, November 16, 2016, and ends on Friday, December 9, 2016 (the “Promotion Dates”). The Promotion shall not be conducted on Thanksgiving Day, Thursday, November 24, 2016, or the following Friday, November 25, 2016. The Promotion shall be advertised exclusively on the Station’s Facebook Page at facebook.com/KFROGRadio.
b. To enter the Promotion, entrant may enter by text message or online as follows. Entrants must listen to the Station each weekday during the Promotion Dates between the hours of 7:00am Pacific Standard Time (“PST”) and 6:00pm PST to hear an on-air mention of the Southern California “City Salute,” which consists of the name of a city being recognized by the Station. (For example, the City Salute might say “Thanks to everyone listening in Yucaipa today.”) Each on-air announcement of the Southern California City Salute during the Entry Period shall serve as the cue to enter (“Cue to Enter”), and the name of the city in each “City Salute” shall be the entry keyword (“Keyword”). The Station will not mention on-air that the “City Salute” is a Cue to Enter or that the city referenced in the “City Salute” is the Keyword. On each weekday during the Promotion Dates, the Station will announce on-air one (1) unique Keyword six (6) times on or around the following times: 7:05am PST, 9:05am PST, 11:05am PST, 1:05pm PST, 3:05pm PST, and at 5:05pm PST. Upon hearing a Cue to Enter on-air, entrants must enter via text or online following the instructions below no later than ten (10) minutes following each on-air broadcast of the Cue to Enter. The ten (10) minute entry period following each on-air broadcast of the Cue to Enter shall be an “Entry Period.” The Station will be the official timekeeper for this Promotion. Entrants must spell each Keyword correctly, though the Keywords will not be case sensitive. Only one (1) entry per Entry Period and per entrant shall be permitted, regardless of the method of entry and regardless if entrant has more than one email address.
c. To enter by text message, upon hearing the Cue to Enter, listeners must text the Keyword to 80787 to enter the Promotion during the respective Entry Period (Entrants may also enter online as described below.) Message and data rates may apply. Wireless service providers may charge entrants for each text message, including any error message that is sent or received in connection with the Promotion. The Station is not responsible for any fees and taxes incurred by an entrant for this method of entry. BY ENTERING BY TEXT, ENTRANTS CONSENT TO RECEIVE AT LEAST ONE (1) AUTODIALED INFORMATIONAL TEXT MESSAGE FROM THE STATION ON THEIR WIRELESS NUMBER, INCLUDING A MESSAGE CONFIRMING ENTRY AND LEGAL DISCLAIMERS, AND ENTRANTS UNDERSTAND THAT THEIR CONSENT IS NOT REQUIRED AS A CONDITION OF PURCHASE. Text entrants consent to receive additional autodialed text messages or a notification phone call at the number from which the text entry was received if selected as a qualifier, finalist or winner, as applicable, and to accept any charges associated therewith. Potential prize winner(s) in a text message promotion must provide all information requested including entrant’s full name, complete address (including zip code), day and evening phone numbers and date of birth to verify eligibility. P.O. Boxes are not permitted. Text messaging may not be available through all wireless carriers, and the Station makes no guarantee that any particular wireless service provider will participate.
e. 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 of any nature.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or older at the time of entry and who reside in California. Void everywhere else and where prohibited or restricted by law. Employees, officers, directors and agents of the Station, CBS Radio Inc., each of their respective parents, subsidiaries, and affiliates, the Station’s advertising and promotion agencies, and participating sponsors or prize suppliers (collectively, the “Promotion Entities”) and other radio stations in the Station’s market, the members of their immediate families (spouses, parents, children, and siblings, regardless of where they reside) 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. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects, and entrant agrees to waive any right to claim ambiguity in the Promotion or Official Rules, except where prohibited by law.
b. Only one (1) winner per household is permitted in any Station-conducted promotion.
c. The winner may be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize(s).
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. One (1) Prize: five hundred dollars ($500) awarded in the form for a check made payable to the Prize winner upon confirmation of eligibility. The Approximate Retail Value of the Prize is $500.00. Prize will be awarded in the form of a check issued by CBS Radio which will be mailed to the winner(s). Check will not be awarded, processed or mailed until winner(s) has claimed the prize at the Station, presented all required documentation, and signed all required releases and tax forms. Check will be mailed approximately between ten (10) and fourteen (14) weeks after the Station receives all required paperwork back from the winner(s). Prize checks will be mailed to the winners address provided on the completed IRS Form W-9.
b. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours. The winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within ten (10) days of winning. Unless otherwise specified or required by law, if a prize is not claimed no alternate winner will be selected and the prize will become the property of the Station. The Station may opt to deliver the prize to the winner by mail or overnight courier solely at its discretion. In the event that the Station delivers the prize to the winner by mail or courier with the winner’s consent, the winner assumes the risk of the prize’s loss, damage or delay.
c. Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) 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. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). The Prize(s) is provided as is. Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. On Monday, December 12, 2016, at approximately 8:30 am PST, up to one (1) potential winner will be selected in a Station-conducted random drawing from all valid entries received by the Station during the Entry Period. Odds of winning depend on the number of valid entries received.
c. Entrants must listen to the Station but need not be present to enter.
d. Potential Prize winner will be notified of winning by telephone on Monday, December 12, 2016, promptly following the drawing. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. Check prizes will be issued within ten (10) to fourteen (14) weeks following confirmation of eligibility and completion of all requisite releases and IRS forms. Upon notification or notification attempt, the potential winner(s) will be required to respond to such notification attempt and execute and return an affidavit of acceptance, eligibility, liability and publicity release within ten (10) days of such notification or notification attempt or prize(s) will be forfeited and an alternate Prize winner will be selected in a random drawing of the remaining valid entries. If a winner has not reached the age of majority in his/her state of residence (19 years or older if a resident of Alabama or Nebraska, 21 years or older if a resident of Mississippi and 18 years or older in other states), the prize(s) will be awarded in the name of his/her parent or legal guardian. If a potential winner(s) is deemed ineligible for any reason, cannot be contacted, fails to sign and return the required fully-executed 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(s). The Promotion Entities are not responsible for any changes in an entrant or winner’s email address, phone number, mailing address or other contact information.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) 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(s) 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(s) 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(s). Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees 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, advertising and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, 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(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded 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 the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
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 winner(s), 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(s); (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, telephone or text message service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, 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 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. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its 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. The “Authorized Account Holder” is the natural person who (i) 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 or (ii) 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 who it believes is tampering with the entry process or the operation of the Promotion. 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 may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Promotion, including, without limitation, the substitution of a prize(s) 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(s). If any provision of these Official Rules is irrevocably inconsistent with any provision set forth on the Contest webpage, then the provision of these Official Rules will prevail but solely to the extent of the inconsistency.
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) awarded 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”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded 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 (VT residents may omit return postage) for receipt by the first business day following the end of the Promotion Dates to “K-FROG’s City Salute #1 Text Giveaway – Official Rules,” Attn: Promotions, 900 E. Washington Street, Suite 315, Colton, CA 92324. For the names of the prize winner(s) send a self-addressed stamped envelope (VT residents may omit return postage) for receipt within 60 days following the end of the Promotion Dates to the above address marked “K-FROG’s City Salute #1 Text 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 online at http://kfrog.cbslocal.com/kfrog-city-salute/
Sponsor and Administrator: KFRG-FM, KXFG-FM, 900 East Washington Street, Suite 315, Colton, CA 92324.