Contest Name: Rover’s Morning Glory Breast Augmentation with Dr Goldshmidt (the “Contest”)
Station: WMMS 100.7FM (the “Station”)
Station Address: 6200 Oak Tree Boulevard 4th Floor, Independence, OH 44131
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Eligibility and minimal age requirements vary depending on the nature of the contest. Subject to the specific contest rules; in general, all contestants must be at least 21 years old to be eligible for all contests affiliated with an alcoholic beverage manufacturer or distributor; all contestants must be at least 18 years old to be eligible to participate in contests that include hotel/motel accommodations, motor vehicles, boats, and/or air travel as prizes, and unless otherwise stated in the Official Contest Rules, no one under the age of thirteen (13) will be permitted to enter any contest. iHeartMedia Contests are open legal residents of the fifty (50) United States and the District of Columbia. If you are not a permanent resident of one of the 50 states or you are not the required age as of time of entry, you are not eligible to enter the Contest or to win a Prize. VOID IN ANY LOCATION WHERE PROHIBITED OR RESTRICTED BY LAW. Do not enter any contest if you are not located in the United States at the time of entry. Odds of winning depend upon the number of eligible entries received during the Contest Period. Refer to the specific contest’s Official Contest Rules for more details and exact eligibility requirements.
iHeartMedia, iHeartMedia + Entertainment, Inc., its subsidiaries, affiliated companies and divisions to include individual Stations and iHeartRadio (collectively, the “Company”), will conduct its promotional contests substantially as described in the official contest rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station. For a list of participating stations for each individual contest, please visit the offices of this Station during normal business hours or refer to the official contest rules.
The Contests are administered by the Company unless otherwise specified in the official rules and any questions, comments or complaints regarding the Contest must be directed to the contest administrator, unless otherwise specified. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with iHeartMedia privacy practices found here. The Company together with the contest sponsor(s), promotional partner(s) and administrator(s) are herein collectively referred to as the Contest Entities.
Must be FCC acceptable, including no use of indecent or obscene material or language.
Content should not infringe or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party.
No defamatory or libelous material or material which discloses private or personal matters concerning any person, without such person’s consent.
No misrepresentation or disparaging remarks about Sponsor or its products, or other people, products or companies.
No content which implies or portrays graphic violence excessive use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous.
No content which is abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification. Specifically this includes, but is not limited to, epithets or slurs (such as the “N” word), threats, intimidations, or hostile acts.
No content communicating messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Cannot depict, and cannot itself, be in violation of any law.
Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
The Station and sponsor reserve the right to reject any entry, in their sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Station for airing advertising. Station reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY THE STATION OR SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE COMPANY OR SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Station or Sponsor does not constitute a general waiver of any obligation to entrants. The Company reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her Entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
Entry submission must include the following:
- a photograph of entrant’s upper torso/chest/shoulder area wearing either bra or bikini top;
- short essay describing entrant’s frustrations with their current chest size why they should be selected to receive breast augmentation;
- the completed medical disclosure and questionnaire form(s); and
- the completed registration form
- all forms provided at the registration booth for in person registration and/or on the Station website for online entry and mail in entry.
ITEMS SUBMITTED WITH ENTRY ARE PRIVATE AND WILL NOT BE MADE AVAILABLE TO THE GENERAL PUBLIC.
By submitting an Entry you warrant and represent that the Entry is an original work, created solely by you (or by yourself and others who have each granted you authority to license the rights stated herein), and that the use of the Entry as licensed hereunder does not infringe on any third party’s intellectual property rights, including copyrights, trademarks or other proprietary or personal rights. You warrant and represent that the Entry does not contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or threatening material. The essay submitted shall be writing that you own or control 100% of the rights to the publishing. The recorded or photographed material submitted shall be that of your own and/or control 100% of the rights to the publishing rights. The Entry shall be free and clear of any claims by any person whose performances, images or depictions are embodied in the work, or any person rendering services in connection with the work. The Entry shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Station reserves the right to remove and Entry that it deems to be in violation of these Official Rules.
CONDITIONS ON PARTICIPATION:
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station and the Contest Sponsor, that the decisions of the Station is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; and (d) if you are granting rights to the entry submitted in the Contest and is a party to any third party agreement with a publishing company or any other third party, such agreement does interfere with the rights granted to the entry in this Contest and/or receipt of any of the prizes listed herein, nor will you (or you and others who have each granted you authority to license the rights stated herein) enter into an agreement with any entity that would grant or transfer any rights of your entry submitted herein.
OWNERSHIP AND ENTRY LICENSE GRANTED:
By entering you are not required to transfer ownership over your entry to anyone. However, in consideration of the chance to win a prize hereunder, by submitting the Entry to us, you hereby grant to us a worldwide, non-exclusive, non-restrictive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, display, and perform the Entry (including any title of the Entry and your name and likeness) in connection with the Station and the Contest (and all places where some or all content from the Station’s website is available) and otherwise in connection with the Station’s and the Company's businesses, including without limitation for promoting and redistributing part or all of the Station, its website, or iheartradio.com (and derivative works thereof) in any media formats and through any media channels now known or hereinafter developed without time limitation. You also hereby grant each user of the Station’s website a non-exclusive license to access the Entry. If you do not want grant the rights as set forth herein, please do not participate in the Contest.
Additionally, you agree to grant to the Company all rights to use any Entry that you submit, and the image, likeness, voice, name and photographs in the Entry or otherwise submitted or provided by you in any publicity or advertising relating to the Entry or the Company and the Contest, without compensation or approval (except where prohibited by law) in any and all media now known or hereinafter developed without territorial, time or other limitations.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS:
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it [link to DMCA takedown policy]
- Description of Contest/Participation.
A. Dates of Contest: Contest will begin Saturday July 21 2018 and end approximately on Sunday November 4 2018 at 11:59PM. (“Contest Period”).
B. How to Enter: All entries must follow the Entry Guidelines set forth above. There are three (3) ways to register.
NOTICE: All entries must include all of the required completed registration material to be a valid submission. Entries will not be eligible and will be disqualified if the submission or any part thereof is not valid. Valid submissions must include the completed registration form, a (non-identifying) photograph of entrant’s upper torso/chest/shoulder area wearing either bra or bikini top (NOT topless); an essay describing why they should be selected to receive the grand prize; and the completed medical disclosure and questionnaire form(s).
1 - Listeners attending the RoverFest register in person on Saturday, July 21, 2018 by visiting the Cleveland Cosmetic Surgery booth at RoverFest. Deadline for booth entry is July 21, 2018 prior to booth closing at approximately 11:00 PM. Registration information and required forms will be provided at the booth along with courtesy photo service.
2 - Beginning October 30, 2018 participants may register by dropping off the completed entry submission in a sealed envelope at WMMS-FM iHeartMEDIA offices (6200 Oak Tree Boulevard 4th Floor Independence Ohio 44131 between the hours of 8:30AM – 5:30PM Monday thru Friday). The outside of the sealed envelope should clearly identify the contest name and include entrant’s first and last name, complete address, city, state, zip code, telephone number, date of birth, and valid email address, All dropped off entries must be received before 5:30PM Friday November 2 2018. Valid entries must contain all information requested. Incomplete and/or multiple entries will be disqualified
3 - Beginning Tuesday October 30 2018 at approximately 00:01AM submit your entry by logging onto the www.WMMS.com or and follow the Contest links to complete the online registration. Deadline for online registration is Sunday November 4 2018 at 11:59PM (EST). Valid contest entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.
CERTAIN HEALTH REQUIREMENTS ARE NECESSARY TO BE A SURGICAL CANDIDATE. THE WINNER MUST BE PRE-APPROVED FOR THE SURGICAL PROCEDURE(S) BY THE SPONSORING PHYSICIAN(S), IN HIS/HER SOLE DISCRETION. THE PROCEDURE OR PROCEDURES PERFORMED WILL BE MADE BY THE PHYSICIAN, IN THE PHYSICIAN’S SOLE DISCRETION, BASED ON HIS/HER EXPERTISE AND EXPERIENCE.
BY ENTERING THE CONTEST, YOU ARE VERIFYING THAT YOU ARE THE OWNER AND PRODUCER OF THE SUBMITTED MATERIAL AND THAT NO THIRD PARTY OWNERSHIP RIGHTS EXIST TO THE MATERIAL SUBMITTED WHICH WOULD RESTRICT THE RIGHTS GRANTED HEREUNDER. YOUR SUBMITTED RECORDING WILL NOT BE RETURNED AND YOU WILL NOT BE PERMITTED TO USE THE SUBMISSION FOR ANY COMMERCIAL USE AFTER IT HAS BEEN SUBMITTED.
Only one entry per person per household and/or verified e-mail address for the entire duration of the Contest. Incomplete and/or if multiple entries are found, they will all be disqualified. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be receipt acknowledged or returned. The Company assumes no responsibility for contestants not making timely phone calls to the station as a result of the delays in the Internet stream. WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts. Contestants may contact their local station to determine participation or visit the Station’s website. Contest not valid on weekends and holidays unless otherwise mentioned herein. By participating in this contest you agree and acknowledge that all decisions made by the Station and the judges will be final.
C. Winner Selection: On or about Monday November 5 2018, the Station will select a panel of judges to review all eligible entries received before the registration deadline. The judges will use the criteria set forth when reviewing the Entries to determine the Grand Prize Winner. On or about Friday December 14 2018, 5 finalists will be selected to speak on Rover’s Morning Glory to explain why they need the procedure. One GRAND PRIZE winner will be selected to win.
Criteria which a panel of judges will select one (1) Grand Prize Winner based on: need, creativity and answers to the essay questions.
The winner will be notified from the information provided on the online information form. In the event the Company is unable to notify a winner from the information provide at the time of entry, the Company reserves the right to select another winner, in its sole discretion. If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Company reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. If a winner declines the acceptance of the prize, fails to claim the prize, or fails to meet the requirements for fulfillment of the Prize, is not eligible, does not follow or agree to the Official Contest Rules or otherwise is disqualified for any reason, the Company at their sole discretion may or may not choose to select an alternative winner at that time. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. The Station is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. BY PARTICIPATING, YOU AGREE (A) TO BE BOUND BY THESE OFFICIAL RULES; (B) AS BETWEEN YOU AND THE STATION, THAT THE DECISIONS OF THE STATION IS FINAL ON ALL MATTERS RELATING TO THE CONTEST; (C) YOU ARE NOT PARTICIPATING ON BEHALF OF ANY EMPLOYER OR THIRD PARTY; (D) IN THE EVENT THAT YOU DO NOT COMPLY WITH THE RULES, THEN THE ELIGIBLE WINNER WILL BE DISQUALIFIED. THE STATION, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO SELECT AN ALTERNATE QUALIFIER AND/OR POTENTIAL WINNER AT THAT TIME.
2. Prize(s). The prize(s) that may be awarded to the eligible winner are:
The prize of breast augmentation procedure provided and decided upon by Dr. Goldschmidt of the Cleveland Cosmetic Surgery Center, after an evaluation of the winner’s current condition and overall health. Winner must complete a free consultation with Cleveland Cosmetic Surgery Center to be deemed eligible for the Grand Prize. Certain health requirements are necessary to be a surgical candidate. The winner must have their physician’s written approval to participate in addition winner must be pre-approved for the surgical procedure(s) by Dr. Goldschmidt, in their sole discretion
Grand prize procedure is valued up to $10,000. If winner is a suitable patient for the procedure as determined by Dr. Goldschmidt, winner may elect at their sole discretion to receive the doctor recommended procedure valued up to $10,000. Actual prize value may vary depending on procedures selected by the physician and winner. Value of prize covers the facility fee, surgeon’s fee and cost of the procedure. Any care needed after the date of surgery will be charged at the usual and customary fees at the expense of the patient. Prize provided by Cleveland Cosmetic Surgery Center. All pre-operative or post-operative medications prescribed, x-ray fees or laboratory testing fees are sole responsibility of each winner. All transportation to and from surgical procedures and all procedure follow-up is responsibility of each winner. If for any reason the physician deems the winner not suitable to have the surgical procedure the winner will receive a $300.00 cash prize and must forfeit the remainder of the prize package. Estimated out of pocket expenses are expected to be $7,500, the actual amount will vary, depending on the nature of procedures to be done. ANY ADDITIONAL SERVICES NEEDED BY THE WINNER WILL BE THE SOLE RESPONSIBILITY OF THE WINNER.
The winner must be available to undergo the procedure on a mutually agreed upon date between the winner and Cleveland Cosmetic Surgery as required by Dr. Goldschmidt. The winner will forfeit the prize unless he or she: (1) responds within seven (7) days to notification (or attempted notification) from Station or Cleveland Cosmetic Surgery Center that he or she has been selected as the winner, (2) satisfies all requirements of these Rules, and (3) follows the advice, recommendations, and instructions of Dr. Goldschmidt pertaining in any way to the procedure.
Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest’s official rules or unless required as in date specific prizes. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative prize winner. For certain prizes which are date specific such as event or concert tickets, the Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the grand prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Sponsor. Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Company. If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are determined ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded. The prize will be awarded if properly claimed according to the Rules and if there are sufficient eligible entries.
Prize Conditions and Restrictions:
The Grand Prize is subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions, etc). If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Company, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, Station and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow the Company to and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the prize. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Grand Prize winner. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Station will have no further obligation to winner.
3. Eligibility and Limitations. Participants and winner must be at least 18-years old, as of the date of entry and prize award as determined by the Company and is a legal resident of the 50 U.S. or D.C. Participants and winners must reside within the participating Station’s Total Market Area (TMA) as determined by the Station or otherwise defined by Arbitron. Commonly the TMA represents the total overall radio station's comprehensive listening market audience within a geographic area encompassing all industry defined media market areas. If the Contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the Official Contest Rules, only one (1) entry per person and only one (1) prize per household for the Contest and for any thirty (30) day period. If the Contest involves listener participation by voting for a Contest participant on the station’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the Contestant its sole discretion. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian, may (in Company’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Notwithstanding the determined age requirement set forth above, it is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the contest and no one under the age of thirteen (13) shall be permitted to enter any Contests at anytime, under any circumstances. Employees of the Company, the Station, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
5. Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per person/verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
7. Consumer Created Content. If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the company and the station a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON COMPANY’S WEBSITE, IN COMPANY’S DISCRETION. Content: (a) must comply with these Official Rules and any Terms of Service on the Station website; (b) must be uploaded through the in format specified and must comply with the posting requirements set forth above and as posted on the Station website; (c) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) cannot be obscene or offensive, endorse any form of hate or hate group; (e) cannot defame, misrepresent or contain disparaging remarks about Company or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (g) cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Company does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Company) is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Company; (h) no background artwork should appear in an content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in the content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein; (i) cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (j) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Company wishes to associate; and (k) cannot depict, and cannot itself, be in violation of any law. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY COMPANY AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF COMPANY IN ANY MANNER. Any waiver of any obligation hereunder by Company does not constitute a general waiver of any obligation to entrants. Company reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion. Company reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period. By submitting content you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or voice is used in the content and (f) and that publication of the content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Company, its Stations, and agents from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Company’s use of such content, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a winner. By accepting a prize, the winner agrees that his or her content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Company all of his/her right, title and interest in and to his/her video, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Company, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their content. Company reserves the right to alter, change or modify the winning content, in its sole discretion. Upon request of Company, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Company, reasonably necessary to establish the ownership of record of the right, title and interest in and to the content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Company fail to request the said assignment as stated, that shall not be deemed a waiver of Company’s rights and Company may at a later time request the assignment.
8. Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company.
9. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
10. Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest to The Company’s, Station’s and/or Sponsor's "discretion" and/or any exercise of discretion by Sponsor, Station or the Company shall mean in Company’s, Station’s and/or Sponsor's "sole and unfettered discretion." Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the contest if, in the sole discretion of the Company, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Contest rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.
11. Miscellaneous. Void outside the Designated Market Area and where prohibited unless otherwise determined by the Company. Odds of winning depend upon the number of eligible entries received during the Contest Period from all participating stations. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Station during normal business hours or visit the Station’s website. All entries become the property of the Company and will not be returned. As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
12. Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.