Contest Rules

 

 

General Contest Rules for Artistic Media Partners, Inc. Stations

Promotion 2015 - LF

 

These are the General/Specific Contest Rules for active contests in 2015 – LF (“Promotions”) being held on Artistic Media Partners, Inc.’s (AMP) WAZY-FM, WBPE-FM, WYCM-FM, WSHY-AM in Lafayette, IN.  If you ever have a question please call the station at 765-474 1410 extension 243.  Specific contest rules may apply. 

 

Promoter:

Artistic Media Partners

3824 South 18th Street

Lafayette, IN 47909

 

Sponsor: WAZY, WBPE, WYCM & WSHY

 

 

                                                                        Approximate                           

                                    Quantity                       Retail Value                            

 

WAZY – WAZY Workday Payday                  25 Winners of $96.50

                                                                       

                                                                                                           

Approximate Odds: the odds of being caller number nine are indeterminable and are based on the number of people participating and calling in for each event and the caller being a qualified participant.

 

General Rules:

 

1.               Promotions are generally open for participation only by those listeners residing in the twelve county Indiana service area, defined as Tippecanoe, Cass, Carroll, Clinton, Boone, Montgomery, Fountain, Warren, Benton, Jasper, Pulaski and White counties in Indiana.

2.               Contests and Promotions are not open to AMP employees, current and previous, subsidiaries or agents, employees of co-sponsoring participants in various Promotions, employee's and co-sponsor's immediate families, employee's and co-sponsor's household members, prior AMP or sponsor employees, and all other radio broadcast, television, electronic or print industry employees.

3.               There is no purchase necessary to enter the Promotions.  

4.               Participation in Promotions constitutes permission of all Participants and winner(s) for AMP and participating sponsors to publicize and/or broadcast the promotion participant's name, image, photograph, character, likeness, voice, entry and the fact that he/she participated in and/or won the contest. There will be no additional compensation.

5.               Certain prizes may be mailed to winners at the discretion of AMP with no prior arrangements or approval. No date sensitive prizes, weighed prizes or cash value prizes will be mailed. AMP is not responsible for any items lost in the mail.

6.               Any qualifying prizes must be picked up at the station during regular business hours (8:30am to 5:00pm Monday through Friday - closed Holidays) within thirty (30) days of winning or prize will be forfeited.

7.               When the winner(s) of a Contest or Promotion are determined by a random drawing, odds of winning are determined by the eligible number of entries.

8.               When on-air Promotions are conducted, odds are determined by the number of people listening who attempt to participate in each Promotion.

9.               When a Contest or Promotion requires on-site registration, all entries must be completed, by hand, at the registration point. Entry blanks may not be removed from the registration site and returned later. Participants may enter once per event unless otherwise specified. Anyone found entering more than once will be disqualified.

10.           If entry is required in any Contest or Promotion, all entries must be received by the specified entry deadline.

11.           All Promotion participants must be at least 18 years of age unless specific rules apply to specific promotions. If a minor wins a Promotion, then in that case the prize may be awarded in the name of a parent or legal guardian if specifically approved by Artistic Media Partners Inc Management.

12.           Only one person per household may qualify or win on WAZY, WBPE, WYCM or WSHY for any 30 day period.  In the event that two members of the same household qualify or win, the 2nd qualifier or winner will be disqualified and removed from the contest and his or her prize will be available for another contestant.  Same household is defined as living at the same residence.

13.           Valid state identification (ex. Driver's License/ID Card) is required to claim a prize or participate in any Contest or Promotion. In order to claim prize(s), winners will be required to show proof of identity and may be required to execute an affidavit of eligibility release/prize acceptance form and a W-9 tax form. Noncompliance within 10 business days of prize(s) being awarded may result in winner's disqualification or an alternate winner being selected.

14.           Participants must use their true, legal name and address when participating in Promotions or they will be disqualified and prize forfeited

15.           AMP may, at its discretion, designate judges for each Contest or Promotion. In the absence of a specific judge named for any contest or promotion, then in that case the Program Director or Station Manager of AMP will serve as contest judge. These contest judges will determine the winner(s) in all contests and promotions. All decisions made by the designated judges are final. By participating, Promotion participants agree to be bound by all contest rules and the decisions of the judges.

16.           AMP and contest sponsors are not responsible for lost, delayed, misdirected, damaged, incomplete, illegible or postage-due/mail entries, telephone system or equipment failures, telephone line or technical problems, misdialing, human errors or acts of God.

17.           Unless otherwise specified, all entries become the sole property of AMP and will not be returned or acknowledged.

18.           Prizes must be accepted as awarded, and cannot be transferred or assigned unless otherwise noted. No substitutions or cash awards in lieu of prizes are allowed unless otherwise specified.

19.           Participants waive any and all claims of liability against AMP contest sponsors, their affiliates, employees, agents, their families and members of their households from any accident, loss, and/or injury occurring as a result or consequence of participants' participation in contests or promotions and/or winners' acceptance or use of prizes awarded such Contests and Promotions.

20.           AMP reserves the right to substitute prize(s) of equal or greater value.

21.           Winners assume any and all tax liabilities that may be applicable and related to claiming of prizes over a certain value. In other words, contests and promotions are subject to all applicable federal, state and local laws and are void where prohibited or restricted by law.

22.           AMP and/or participating sponsors will issue a 1099 tax form for all prizes valued at $600.00 or more, including multiple cash prizes to the same winner adding up to $600.00 or more over the course of a given year. By claiming prize(s), winner agrees to accept the estimate of fair market value placed on prize(s) by AMP and/or participating sponsors.

23.           When prize consists of admission to a concert or ticketed event and the event is postponed, rained out or cancelled, AMP and/or participating sponsors will not be responsible for replacing the prize.

24.           Winner(s) are solely responsible for insurance (when required), other prize-related expenses as may be specified, gratuities, and all applicable federal, state and local taxes.

25.           Winner's names and copies of contest rules are available by sending a self-addressed, stamped envelope to: Contest Rules, 3824 South 18th Street Lafayette, IN 47909. Or, you can pick them up by stopping by the AMP offices located at the same address during normal business hours.

26.           These rules may be changed or altered at any time without prior notice.

27.           Contest Rules are Final and Binding. By entering any Promotion, Participants acknowledge that they have read and understand the Promotion’s Rules and agree to be bound by and acknowledge compliance with those Rules including, without limitation, eligibility requirements and by the decisions of the AMP. Failure to comply with the Contest Rules may result in disqualification. All decisions of AMP are final and binding on all matters relating to any Contest.

28.           Disqualification. Station reserves the right to disqualify any Promotion participant at any time as determined in AMP’s sole discretion, at any stage of the Promotion, should such person: (a) fail to comply with the Promotion’s Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by AMP at any time; (d) use technology to gain an unfair advantage over any other promotion participant; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other promotion participant or AMP’s personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of AMP or its stations and/or the implementation of the Promotion. The disqualification of a promotion participant shall be final and not subject to appeal or review for any reason whatsoever.

29.           Construction of Contest Rules. The rules of any Promotion cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of AMP. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in these Promotion’s Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of AMP, the scope of the Promotion’s Rules, or the intent of any paragraph hereof. AMP’s failure to enforce any term of the Promotion’s Rules shall not constitute a waiver of that provision. AMP is not responsible for any electronic or typographical error in the printing or reproduction of the Promotion’s Rules, administration of the Promotion or in the distribution of any prize(s).

30.           Termination Provisions. Except as prohibited by law, AMP reserves the right to terminate its Promotions in the event of a force majeure or other failures or difficulties. If, for any reason, a Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of AMP, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Promotion, AMP may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of the Promotion’s Rules. AMP reserves the right to suspend or modify its Promotions at any time without notice or obligation. If such modification or suspension occurs, AMP will make a commercially reasonable effort to post notice of such on its Website(s).

31.           Arbitration Provision. By participating in a Promotion, each Promotion participant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, AMP or its Stations arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of the prize(s), or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Promotion participant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in St. Joseph or Marion Counties, State of Indiana, or at such other location as may be mutually agreed by the Promotion participant and AMP; (c) the arbitrator’s decision shall be controlled by the terms and conditions of the applicable Promotion’s Rules and any of the other agreements referenced herein that the applicable Promotion participant may have entered into in connection with the Promotion; (d) the arbitrator shall apply Indiana law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Promotion participant’s and/or AMP’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the Promotion participant or AMP. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.

32.           Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of any Promotion’s Rules, or the rights and obligations of the parties in connection with a Promotion shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to choice of law or conflicts of laws principles under Indiana law.

33.           Streaming Delay. Streaming radio broadcast inherently have a 3 to 30 second delay that is determined by the ISP, bandwidth, overall usage and buffering of an individual’s computer.  AMP Stations are not responsible for delays in the streaming broadcast and any impact they might have on contesting. 

 

Specific Contesting Rules

WAZY – WAZY Workday Payday – Beginning on or about 4.6.15, WAZY will play the WAZY Workday Payday Promotion.  Promotion will continue through approximately 5.8.15 and will consist of up to 25 events.   

 

Weekdays on or about 8:30am DJ will announce the “WAZY WORKDAY SONG of the DAY”.  During the contest between the hours of 9:00 AM and 5:00 PM, when DJ plays that specific song those wishing and eligible to participate will call 765-474-7400.  Callers will be taken in order and the 9th caller will be the winner.  Odds of being the 9th caller are indeterminable and based on the number of people playing and qualified to play.   

 

1.      WAZY-FMwill conduct the contest on weekdays during the above listed dates for a chance to win the following prize:

a.      $96.50

2.      WAZY-FMreserves the right to end the contest at any time without additional notice.

3.      Contestants may win a maximum of one (1) time during the entire length of the promotion.  A maximum of one (1) winner per household will be allowed for this entire promotion.  Employees, associates, and interns of WAZY-FM, other related sponsors, and their immediate families may not participate and are not eligible to win.  The term “immediate families” includes spouses, grandparents, parents, siblings, children, and grandchildren.

4.      Each weekday on or about 8:30am during the promotional period, WAZY-FMwill announce a new WAZY WORKDAY SONG of the DAY to listen for on air at least (1) times per day.

5.      When the specific song plays between 9a and 5p any listener may place a phone call to WAZY-FM.  WAZY-FMwill accept the 9th  caller.  That caller, if eligible and not a prior winner will win $96.50.

6.      Any winning contestant must be the participant who originally dialed the phone to the radio station to participate in the contest.  No family members, friends, office associates, or any other person will be allowed to participate in the contest on another person’s behalf. 

7.      There will be a maximum of (1) winner(s) per weekday.  This contest and the prize values may be ended or altered at the sole discretion of WAZY-FM

8.      Each daily winner will be required to submit sufficient identification in person including a valid driver’s license to claim $96.50.

9.      Persons who have won another contest or promotion of any kind from WAZY-FMwithin 30 calendar days before the contest date are ineligible to win.

10.   Difficulties with phone lines to enter the contest or getting to WAZY-FMstudios to claim prizes are not the responsibility of WAZY-FM.

11.   As winner you will be required to sign a WAZY-FMrelease form before your prize will be awarded.  You will be responsible for all applicable title fees, registration fees, and taxes including state, local, and federal. 

12.   As a grand prize winner, you acknowledge that WAZY-FMhas the right to, without further authorization, publicize your name, character likeness, photograph, voice, and the fact that you are a prize winner for promotional purposes without financial remuneration.

13.   There is no purchase necessary to enter or win the contest.  Void where prohibited.

14.   There will be no substitution for prizes.  Participation in the contest and the prizes awarded are non-transferable.  Failure to collect the prize constitutes forfeiture of the prize.  If forfeited, the prize will remain the property of WAZY-FM.  Another winner will not be selected.

15.   WAZY-FMreserves the right to make rule or contest changes without notice at any time.  WAZY-FMalso reserves the right to change the aforementioned contest dates without notice.

16.   The decision of WAZY-FMmanagement in the interpretation of these rules is final.  By participating, persons agree to be bound by the decisions of the judges and the official rules.

17.   If the winner is found in violation of the rules, he/she may be required to forfeit his/her prize.

18.   WAZY-FM, its representatives, agencies and employees, are not responsible for any liabilities arising directly or indirectly from the award or use of the prize.

19.   WAZY-FM, its representatives, agencies and employees, are not responsible for any changes or difficulties in travel or prize delivery.

20.   The $96.50 prize will be awarded by check. 

21.   The checks will be available within 14 business days of winning.  Winners will be called by station staff when their check is ready to be picked up.  The 30 day forfeiture rule begins on that date.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Artistic Media Partners, Inc. –

General Promotion Rules for All Stations

No Purchase Necessary To Enter Or Win

A Purchase Will NOT Increase Your Chance of Winning

Void Where Prohibited

These are the rules (“General Rules”) applicable to all contests (“Promotions”) sponsored or promoted by the radio broadcast stations (individually, a “Station;” collectively, the “Stations”) that are owned and operated by Artistic Media Partners, Inc. (“AMP”), including, but not limited to those listed on Attachment No. 1. Any questions regarding this General Rules or the rules specific to any Promotions should be directed to the Stations at the phone numbers listed on Attachment No. 1. Rules that are specific to Promotions running on AMP’s Stations (“Promotion-Specific Rules”) may be found on respective attachments to these General Rules. The General Rules and the Promotion-Specific Rules hereafter are collectively are referred to as the “Official Rules.

1. Eligibility: Unless otherwise indicated in Promotion-Specific Rules, Promotions are open for participation only by those listeners residing in the twelve county Indiana service area, defined as Tippecanoe, Cass, Carroll, Clinton, Boone, Montgomery, Fountain, Warren, Benton, Jasper, Pulaski and White counties in Indiana.

1.1. Age Limitations. Unless otherwise expressly indicated in Promotion-Specific Rules, Promotions are only open to persons who are 18 years of age or older. In the event a minor qualifies and wins a Promotion (as may be permitted by Promotion-Specific Rules), then, in such case, the prize only may be awarded in the name of a parent or legal guardian, and only when specifically approved by AMP’s management.

1.2. Patrons are Excluded from Participation. Promotions are NOT open to AMP or Station employees, current and previous, subsidiaries or agents, employees of co-sponsoring participants in various Promotions, employee's and co-sponsors’ immediate families, employee's and co-sponsors’ household members, prior AMP or sponsor employees, and all other radio broadcast, television, electronic or print industry employees. (AMP, any Station or Stations and the Promotion-participating advertisers hereafter are collectively referred to as “Patrons.”)

1.3. Household Limitations. Only one (1) person per household may qualify or win during any 30-day period. In the event that two (2) members of the same household qualify or win, the person qualifying or winning 2nd in time will be disqualified and removed from the contest and his/her prize will be available for another contestant. The term “same household” is defined as living in the same residence.

1.4. All Laws Are Applicable. All Promotions are subject to all federal, state and local laws and regulations.

1.5. No Purchase Necessary. No Purchase will be necessary to enter or win any Promotion. A purchase will not increase anyone’s chance of winning. Promotions are void where prohibited or restricted by law

2. How to Enter/Compete. No Purchase is Necessary. Entrants in any Promotion will be required to register with the Promotion-participating Station (the “Promotion Station”). Depending upon the Promotion-Specific Rules, the registration may be merely by (i) calling the Promotion Station at a designated time; or (ii) being a specifically numbered caller (e.g., the 5th) to the Promotion Station during a designated time period; or (iii) mailing or submitting an entry form to the Promotion Station or a Promotion Station’s advertiser; or (iv) registering on-line at the Promotion Station’s website, or (v) personally appearing at a Promotion venue or at the Promotion Station. Each Promotion will have an official commencement date and an ending time (the “End Time”). The period between the commencement date and the End Time shall be referred to as the “Promotion Period.” Certain Promotions may require registration by a date certain, and in such cases registration for any such Promotion must be accomplished and all necessary submissions called for by the Promotion-Specific Rules must be fully received by AMP by the specifically designated time for the delivery of entry forms (the “Entry End Time”). If the completion of a registration-type entry is required for any Promotion, then all entries must be received by the Patrons, as applicable, by the Entry End Time.

3. Odds of Winning: Generally the odds of winning any of the Promotions that are based upon chance (e.g., random drawings, rather than skill) will depend on the number of eligible entries received by a participating Station for any specific Promotion. Winning odds that are particular to any specific promotion are set forth in the respective Promotion-Specific Rules.

3.1. Contests of Skill and/or Popularity/Odds of Winning. The odds of winning any Promotion that may be based upon one’s skill or popularity will depend not only upon the number of contestants participating in the Promotion, but the results of the opinions of the Promotion’s judges and/or the number of votes received for any contestants from voters also participating in the Promotion. If the Promotion is one of skill, creativity and/or writing ability, then the winner will be selected by a judge or panel of judges.

3.2. Judging: AMP, at its discretion, may designate judges for any Promotion based upon the skill of the entrants. In the absence of a specifically-name judge or judges for any Promotion, then AMP’s Program Director and/or Manager at the Promotion Station will serve as the Promotion’s judge(s). For Promotions requiring judges, the judges shall will determine the winner(s). All decisions made by the designated judges are final. By participating in any Promotion the participants agree to be bound by all Official Rules and the decisions of the judges. Judges and AMP reserve the right to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon AMP, any of AMP’s sponsors, the Promotion or any other person or entity.

3.3. Final Decisions. All decisions of AMP are final and binding on all matters relating to the Promotions.

3.4 General Conditions. At the sole discretion of the Patrons, all entries are subject to verification.

3.5. Contests of Skill. In connection with any Promotion involving a contest of skill (as opposed to chance) that is conducted by any of the Patrons, each contestant represents and warrants that:

3.5.1. Ownership. S/he is the sole author, creator and owner of material s/he submits, or has adequately credited, or has full permission to use, copyrighted components, and further that the submitted material(s) (hereafter “Work Product”) contain(s) no information considered by such contestant’s employer, place of business, or any third party to be confidential.

3.5.2. Document Delivery. S/he shall execute and deliver to the Patrons, in a prompt and reasonable manner, any and all documents necessary to effectuate the assignment of her/his Work Product, and rights thereto, to the Patrons, as may be applicable.

3.5.3. No Infringement. His/her Work Product is original to the contestant, and does not infringe the intellectual property rights or any other legal or moral rights of any third party.

3.5.4. Assignment of Rights. S/he irrevocably grants to Patrons and their affiliates, legal representatives, assigns, agents and licensees, without any promise to pay or payment of monetary consideration whatsoever, the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the contestant’s name, address, image, voice, likeness, statements, biographical material and Work Product, but not limited to, any digital recording and/or performances relating to any of the above items, as well as any additional photographic images, electronic images of any kind, interviews or other materials relating to the contestant and arising out of his/her participation in the Promotion (with or without using the contestant’s name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Patrons, their licensees, or assigns, in the Patrons’ sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the contestant or any other party.

3.5.5. Promotional Rights. S/he irrevocably grants to Patrons the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to use the Work Product, as well as the Contestant’s name, likeness and biographical information, for advertising, promotional or commercial purposes, including without limitation, on or in connection with the Website, the Promotion, or other promotions conducted by the Sponsor, and including without limitation, the right to publicly display, perform, reproduce and distribute the Work Product in any media format or medium and through any media channels, and each such Contestant hereby releases the Patrons from any liability with respect thereto.

3.5.6. Third-Party Use. S/he grants to others: (i) the non-exclusive license to access the Work Product through the Patrons’ website(s); (ii) the ability for the Patrons’ websites’ visitors to review, or comment on, or tag the Work Product; (iii) the ability for visitors to the Patrons’ websites to send and distribute the Work Product via e-mail or instant messenger or other means of electronic social media interaction; (iv) the ability to access or distribute the Work Product via the Patrons’ websites’ APIs or via RSS or any similar XML or related feeds; and (v) the non-exclusive license to use, reproduce, distribute, prepare derivative works of and compilations, and display the Work Product as permitted through the functionality of the Patrons’ websites and under the Terms of Use for the Patrons’ websites.

3.5.7. Indemnification. S/he agrees to indemnify and hold the Patrons and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees at trial and on appeal) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees arising out of or in connection with (a) the Work Product or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Contestant of any warranty, agreement or representation contained in the Official Rules or terms of use or in any documentation submitted by Contestant; (c) the Contestant’s conduct during and in connection with this Promotion, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.

3.6. Nature Of Relationship/Waiver Of Equitable Relief. Each entrant to any Promotion here-by acknowledges and agrees that the relationship between the entrant and the Patrons is not a confidential, fiduciary, or other special relationship, and that the contestant’s decision to provide the contestant’s Work Product for purposes of a Promotion does not place the Patrons in a position that is any different from the position held by members of the general public with regard to elements of the contestant’s Work Product. Each contestant understands and acknowledges that the Patrons have wide access to ideas, stories, designs, and other literary materials, and that new ideas may be constantly submitted to them or being developed by the Patrons’ own employees. Each contestant also acknowledges that many ideas (or stories) may be competitive with, similar or identical to a contestant’s Work Product and/or each other in design, theme, idea, plot, format or other respects. Each contestant acknowledges and agrees that s/he will not be entitled to any compensation as a result of any Patrons’ use of any such similar or identical material. Each contestant acknowledges and agrees that the Promoters do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to any Contestant’s Work Product respecting, in any manner or context, a Patrons’ organized Promotion. Further, each contestant agrees that s/he shall not bring, nor have a right to, equitable relief of any kind in connection with the Patrons’ use of Contestant’s Work Product respecting, in any manner or context, this Promotion.

3.7. Tie Vote Procedures. In the event of a tie vote among any two or more entries in any Promotion, then the earliest submitted entry, from among the tied entries, will be declared the Promotion’s winner.

4. Prizes: The prizes, their descriptions and estimated retail value are described and set forth in the respective Promotion-Specific Rules. Patrons reserve the right to substitute prizes of equal or greater value. Unless otherwise expressly provided by the Promotion-Specific Rules, prizes may not be assigned, transferred, changed, exchanged, substituted or redeemed for cash.

4.1. Travel Prizes: Any travel that may be awarded as a prize or prizes in any Promotion shall include, unless otherwise expressly provided in the Official Rules, round-trip transportation for the winner and, if necessary, hotel accommodations (single or double occupancy, at AMP’s discretion). Unless otherwise expressly provided by the Promotion-Specific Rules, in the event a winner is a minor, then a parent or legal guardian of minor (at the personal expense of the parent or legal guardian), will be required to accompany the winner (a minor) on the trip. Any winner (and her/his traveling companion if a companion is permitted by the Promotion-Specific Rules) will be responsible for all incidental expenses while traveling (e.g., meals, insurance, incidentals, gratuities, souvenirs, ground transportation, etc.), except as expressly described in the Official Rules, and for any other expenses not specifically stated in the Official Rules. Any winner and her/his traveling companion (if permitted) will be required to travel together on the same itinerary. Trip value may vary depending on point of departure, fluctuations in transportation fares, and whether parent/legal guardian accompanies a minor on trip. Any difference between stated value and actual value of any Promotion-provided transportation will not be awarded. Travel accommodations and arrangements are at the discretion of AMP. The values stated for any Promotion-related transportation will be based on information supplied to AMP by third-party vendors within 30 Business Days of the start of a Promotion. For the purpose of the Official Rules, the term “Business Day” or “Business Days” means days on which federally chartered banks in Indianapolis, Indiana, are open for business.

4.2 Concert Tickets. When a prize or prizes consist of admission to a concert or ticketed event and such event is postponed, rained out or cancelled, the Patrons shall NOT be responsible for replacing the prize or substituting another prize (whether comparable or not) for it.

4.3 Prize Mailings. Certain prizes may be mailed to winners at the discretion of AMP with no prior arrangements or approval. No date-sensitive prizes, weighed prizes or cash value prizes will be mailed. AMP shall not responsible for any items lost in the mail.

4.4. Time for Prize Pick-up. Unless otherwise expressly indicated in the Promotion-Specific Rules, any prizes must be picked up at the Promotion Station during regular business hours (8:30 AM to 5:00 PM Monday through Friday - closed Holidays) within thirty (30) days of the date a winner is announced, or such prize(s) will be forfeited.

5. How to Claim Prizes – Notification of Winners. Any winner in a Promotion will be notified by telephone and/or email from the Promotion Station. If a putative winner cannot be contacted, fails to respond to the Station within three (3) days from the date the Station first tries to notify him/her, and/or the prize notification is returned as undeliverable, such potential winner shall forfeit all rights to win the Promotion or receive a prize, and an alternative potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution and delivery to the Station of all required authorizations, waivers, publicity and liability releases and disclaimers, W-9 tax forms, including an Affidavit of Eligibility (collectively, “Releases”), such individual will be declared as a winner of the Promotion. Failure to timely deliver the required Releases to the Station will result in the disqualification of such putative winner.

5.1. Proof of Identity. Valid state identification (e.g. driver's license/ID card) is required to claim any prize or participate in any Promotion. When claiming prizes, putative winners will be required to show proof of identity and may be required to execute and deliver the Releases. Failure to provide valid identification and execute and deliver the Releases within ten (10) Business Days of the announcement and declaration by AMP of the winner shall result in winner's disqualification and an alternate winner being selected.

5.2 True Identify. Participants must use their true, legal name and address when participating in Promotions or they will be disqualified and prize forfeited.

5.3. Parents/Legal Guardians. If a putative winner is under legal age of majority, then the putative winner’s  parent or legal guardian must sign and deliver the Releases for such under-age contestant.

5.4. Identity Conflicts or Disputes. In the event of a dispute as to the identity of a contestant, the authorized account holder of the email address or telephone line that is used in connection with the entry will be deemed to be the Promotion’s registrant, contestant or participant. The “authorized account holder” is the natural person assigned a telephone number by a telephone company or wireless carrier, or an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. A contestant may be required to show proof of being the authorized account holder.

6. Agreement to Official Rules: Participation in any Promotion constitutes your full and unconditional agreement to and acceptance of these General Rules, the Promotion-Specific Rules, and all decisions of AMP, which are final and binding. Participation in any Promotion and winning a prize in any Promotion is contingent upon fulfilling all requirements set forth in these Official Rules.

6.1. Construction of Official Rules. The Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of AMP. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in the Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of AMP, the scope of the Official Rules, or the intent of any paragraph hereof. AMP’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. AMP is not responsible for any electronic or typographical error in the printing or reproduction of the Official Rules, administration of any Promotion or the announcement of any the prizes or winners.

6.2. Copies of Rules. Copies of these General Rules, as well as any of the Promotion-Specific Rules may be obtained at the Promotion Station’s website and offices.

6.3. Entries Become AMP’s Property. Unless otherwise specified in the Official Rules, all entries become the sole property of AMP and will not be returned or acknowledged.

6.4. Clarification. Unless the context of the Official Rules clearly requires otherwise, references to the plural include the singular and to the singular include the plural, references to any gender include any other gender, the part includes the whole, the term “including” is not limiting, and the term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in the Official Rules refer to the Official Rules as a whole and not to any particular provision of the Official Rules. Any reference in or to the Official Rules or any ancillary agreements includes any and all permitted alterations, amendments, changes, extensions, modifications, renewals, or supplements thereto or thereof, as applicable.

7. Promotion Conditions/Restrictions. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and/or use of the prize not specifically stated in the Official Rules are the sole responsibility of the winners of Promotions. All winners (you) must pay any expenses in order to participate in the Promotion or use the prizes. AMP will not replace any lost or stolen (a) prize or (b) merchandise acquired with the prize vouchers that may be awarded in connection with any Promotion. AMP is not responsible for the winner’s use of any prize after it has been delivered to the prize winner. Any entry registration that is altered or tampered with, or accessed through irregular channels or means shall be void. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Each entry must be submitted by the person identified as the entrant.

7.1. Errors, Malfunctions, Etc. / Fraud / Tampering. Neither AMP, nor any of the Stations, nor any of the Stations’ advertisers are not responsible for lost, late, incomplete, damaged, misdirected, or postage-due/mail or entries; or miscommunications, telephone system or equipment failures, telephone line or technical problems, misdialing, or other errors or malfunctions of any kind whatsoever whether, human, mechanical, electrical, electronic or otherwise. Any attempt by a contestant or any other individual to deliberately damage any website involving the a Promotion or to undermine the legitimate operation of a Promotion is a violation of criminal and/or civil laws and should such an attempt be made, AMP reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

7.2. Streaming Delay. Streaming radio broadcast inherently have a 3 to 30 second delay that is determined by the ISP, bandwidth, overall usage and buffering of an individual’s computer. The Patrons are not responsible for delays in the streaming broadcast and any impact they might have on any Promotion.

7.3. Tax Forms. AMP and/or the Patrons will issue a 1099 tax form for all prizes valued at $600.00 or more, including multiple cash prizes to the same winner adding up to $600.00 or more over the course of a given year. By claiming prize(s), the winner claiming the prize agrees to accept the estimate of fair market value placed on prize(s) by AMP and/or the Patrons.

8. Disqualification. AMP reserves the right to disqualify any contestant at any time as determined in AMP’s sole discretion, should such person at any stage of any Promotion: (a) fail to comply with the Official Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by AMP at any time; (d) use any means to gain an unfair advantage over any other contestant; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other contestant, AMP, the Patrons’ personnel, exercising violent behavior, or potential or actual cheating; or (f) purposely impeding the work of the Patrons, and/or the implementation of any Promotion. The disqualification of any contestant shall be final and not subject to appeal or review for any reason whatsoever.

8.1. Inability to Reach Putative Winners: Failure of a putative winner to return or deliver the executed Releases within the time periods specified, or non-compliance with these Official Rules, or inability of the Patrons to notify any winner (including any alternate winner) will result in that person’s disqualification and forfeiture of the prize, and an alternate winner will be selected in accordance with the Official Rules. If a potential winner cannot be reached after a reasonable effort has been exerted, if s/he is found to be ineligible, s/he cannot or does not comply with these Official Rules, or if her/his prize notification is returned as undeliverable, such person will be disqualified and an alternate will be selected at the Patrons’ sole discretion. No prizes will be awarded until the signed Releases are received by the Patrons. Putative winners will be required to provide the Patrons with her/his telephone number and complete, current, mailing address and Social Security number. No winner will be qualified until her/his entry submission is validated.

9. Termination Provisions. Except as prohibited by law, AMP reserves the right to terminate any Promotion in the event of a force majeure or other failures or material difficulties. If, for any reason, a Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Patrons, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Promotion, AMP may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of the Official Rules; and (iii) award the prize at random, by a drawing, from among the eligible, non-suspect entries received up to the time of the impairment. Except as prohibited by law, AMP reserves the right to suspend or modify a Promotion at any time without notice or obligation. If such modification or suspension occurs, the Patrons will make a commercially reasonable effort to post notice of such on the Promotion Station’s website and on-air.

9.1. Dates, Deadlines, Number of Contestants. Due to the unique nature and scope of many Promotions conduct by AMP, the Promoters reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in the Official Rules. The Patrons are not able to accurately predict the number of entrants that will participate in any Promotion.

10. Arbitration Provision. By participating in a Promotion, each Promotion participant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, AMP or the Patrons arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of the prize(s), or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Promotion participant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in St. Joseph or Marion Counties, State of Indiana, or at such other location as may be mutually agreed by the Promotion participant and AMP; (c) the arbitrator’s decision shall be controlled by the terms and conditions of the applicable Official Rules and any of the other agreements referenced herein that the applicable Promotion participant may have entered into in connection with the Promotion; (d) the arbitrator shall apply Indiana law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Promotion participant’s and/or Patrons’ individual claims and the arbitrator may not consolidate nor join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the Promotion participant or the Patrons. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.

11. Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of the parties in connection with any Promotion shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to choice of law or conflicts of laws principles under Indiana law.

12. Releases; Indemnification. By participating in any Promotion, each contestant releases the Patrons, and each of their parent companies, partners, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, advertising agencies, suppliers, and all others associated with the development and execution of the Promotion from and against any and all liability, claims or actions of any kind whatsoever in connection with the contest’s participation, or in the receipt, possession, ownership or use of any prize awarded in connection with the Promotion, or while traveling to or from any Promotion event and/or participating in any prize-related activity with respect to or in any way arising from the Promotion and/or acceptance or use of any prize, including, without limitation, liability for personal injury, damages or loss. Contestants assume the risk of their participation in any Promotion.

12.1. Release of Claims. Each contestant acknowledges that there is a possibility that, subsequent to his/her involvement with the Promotion and adherence to the Official Rules s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by her/him at that time may have materially affected his/her decision to participate in the Promotion. Such contestants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Each such contestant acknowledges that s/he has read the Official Rules pertaining to the Promotion.

12.2. Full Release. This release shall constitute a full release in accordance with its terms. Such contestants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver s/he would not have been permitted to participate in the Promotion or compete for or receive a prize. Such contestants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.

12.3. No Warranties by Patrons. By accepting a prize in any Promotion, the prize winner agrees to hold the Patrons and their respective affiliates, subsidiaries, advertising and promotion agencies, and suppliers involved in this promotion, harmless against any and all claims and liability arising out of use or receipt of prize. The winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Promotion or use or redemption of any prize. All contestants hereby acknowledge that the Patrons have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by any prize supplier that may accompany a prize.

13. Publicity Release/Privacy. By participating in the Promotion, in addition to any other grants which may be provided for in any other agreement entered into between the Patrons and any contestant in connection with a particular Promotion, each winner irrevocably grants the Patrons and their respective successors, assigns and licensees, the right to use such winner’s name, likeness and biographical information, in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Patrons’ websites or the Promotion or other promotions conducted by Patrons, and each such contestant hereby releases the Patrons from a


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