THROWBACK NATION RADIO
OFFICIAL CONTEST RULES
Except to the extent set forth in the specific rules for a particular contest, these general contest rules will apply to all contests conducted by Throwback Nation Radio (the “Contest Administrator”). To the extent that the specific rules for a particular contest differ from these general contest rules, the specific rules for that particular contest will govern and control the conduct of such contest. A copy of these general contest rules, along with any specific contest rules if/when applicable, are available www.throwbacknationradio.com. For questions and additional information about contests or prizes, email firstname.lastname@example.org.
Who Can Enter
1. Individuals who are both 18 years of age of older and legal residents of the United States on the entry date may enter (“Entrant(s)”). Only if Contest Administrator allows individuals fourteen (14) years of age or older to enter contests for a particular contest, in the event a prize is won by any Entrant who is under 18 years of age, such Entrant’s parent or legal guardian will be deemed the winner for all purposes hereunder.
2. Notwithstanding the foregoing, the following individuals are NOT eligible to enter Contest Administrator contests, even if such individuals meet the age and residency requirements set forth in Section 1 above:
a. Any employees (i.e., full-time, part-time and/or temporary employees) of the Contest Administrator, of participating sponsor(s) (“Sponsor(s)”), of any advertising and promotion agencies, and/or of the respective parent entities, subsidiaries, affiliated companies of each (including radio station affiliates);
b. Any immediate family members of such employees, including without limitation current and/or ex-spouses, parents, grandparents, children, grandchildren, siblings, in-laws, and/or steps in any of the foregoing categories; and
c. Any other individual legally residing in the same household (i.e., at the same address) of such employees, including without limitation roommates, housemates, significant others, and partners.
How to Enter/How to Win
3. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
4. The Contest Administrator will provide the following information for contests as applicable: (i) Contest commencement period and/or the deadline (the “Entry Period”); (ii) how to enter the Contest (as described later herein); (iii) the time, date, location (if applicable), and method(s) for determining any qualifier(s), semi-finalist(s), finalist(s) (collectively hereinafter “Qualifier(s)”), winner(s) and/or grand prize winner(s), as applicable; and (iv) a description and approximate value of the prize(s) to be awarded (“Contest Terms”).
a. Contest Administrator will provide such Contest Terms through an on air announcement(s), website/blog post(s), text message(s), direct/instant message(s), social media network post(s), and poster(s), display(s), material(s) and/or handout(s).
b. Any reference to information being “announced” means that Contest Administrator has or will provide such information by any one or more of the above methods.
c. Contest Administrator is not responsible for the failure of any third party sponsor/location to make Contest Terms available.
5. For Entering/Winning On Air Contests
a. For All On Air Contests:
(i.) WARNING: Due to delays in the online streaming of the Contest Administrator’s broadcast signal, listeners to the online stream may not be able participate in, or may be disadvantaged if participating in, any Contest that requires potential Entrant(s) to listen to Contest Administrator. Contest participants should not rely on streamed broadcasts.
(ii.) IMPORTANT: Calls to any Contest Administrator phone numbers other than the announced phone number, including the Contest Administrator’s main phone number, will not be accepted for the Contest. Contest Administrator not responsible for calls mistakenly placed to any other number.
1. In the event a caller is disconnected or is found to be ineligible, the next eligible caller that successfully makes it through on the call-in line and completes their call will be a winner.
2. If the Contest Administrator receives less than the requested number of calls (i.e., only 9 callers when the Contest Administrator is looking for the 10th caller to win) within a reasonable period of time as determined by Contest Administrator, Contest Administrator reserves the right to re-conduct that Contest at a later time or cancel that winning opportunity and not award the associated prize.
b. For Designated Caller Contests: Listen for the Contest Administrator to make an on air announcement, provide instructions, and/or play a sounder specifying when and how to be a designated caller number, the Contest Administrator Contest phone number and the prize (e.g., “be the 10th caller to 555-1212 to win a pair of tickets to the concert”; “after we play nine (9) songs by X Artist in a Row, be the 10th caller to 555-9090 to win a pair of tickets to the concert”; etc…) (the “Cue-to-Call”). Upon hearing the Cue-to-Call, be the designated caller to the Contest Administrator’s Contest phone number to win the announced prize (i.e., a prize, a qualifying prize, etc…) or opportunity (i.e., will be qualified for a chance to win a prize or grand prize, etc…).
c. For Song of the Day Contests: To enter, listen for the Contest Administrator to announce a particular song or combination of songs (the “Song(s)”), the time(s) (or time ranges) and the day(s) when the playing of such Song(s) will be considered a Contest play, and the designated caller number for the chance to win when such Contest play(s) occur (i.e., the 10th caller to the Contest Administrator when the Song(s) play(s) will win). The Contest Administrator will start taking calls as soon as the designated Song starts to play, or in the event of a combination of consecutive Songs, as soon as the last song of the required combination starts to play. To be a valid Contest play: (i) the Song(s) must be played in its entirety on the Contest Administrator (i.e., not a song clip or hook or a portion of a song used in an intro, promotional announcement or advertisement); and (ii) the Song(s) must play at the time(s) (or within the time range(s)) and on the day(s) as announced by Contest Administrator. Notwithstanding the foregoing, if the announcement by Contest Administrator specifies that only the first play of the Song(s) on a particular day is a Contest play, then after the Song has been played earlier that day, no other play of such Song(s) will be a valid Contest play. Only the Song as performed by the specific artist named in the announcement will qualify as a winning opportunity.
d. For Listen for Your Name Contests: Listen for their name to be announced on-air as a potential winner, (i) only the actual person who entered can win (or was deemed to have entered in the case of certain social network Contests or Club Contests) and must be the person who calls in (persons having the same name will be disqualified if not the actual Entrant), and (ii) the selected Entrant must only call the announced Contest Administrator phone number, which call must be received and answered by the Contest Administrator within the exact period of time announced.
6. For Entering/Winning Online Contests
a. For Enter to Win Online Contests: To enter, visit www.throwbacknationradio.com (the “Website”) (or an alternative website for a particular Contest), or the Contest Administrator’s social media page as instructed by Contest Administrator, follow the links and instructions to enter the Contest, and complete and submit the online entry form during the Entry Period as announced. The online entry form may require for the Entrant to provide certain required contact information, along with any one or more of the following additional requirements: (i) answering survey questions; (ii) correctly answering trivia questions; (iii) making predictions or guesses with respect to certain upcoming events; and/or (iv) submitting Entrant-generated Content (for essay requirements, see below; for photo requirements, see below; and for video requirements, see below).
i. Entrants may be provided with an opportunity to opt-in for membership/participation as part of the entry process or, in the alternative, may be required to become a member/participate in clubs of (for example, email clubs, text clubs, and rewards programs) or to receive solicitations from Contest Administrator and/or its Sponsors.
ii. Some online Contests may allow Entrants to obtain “extra” entries (1) by completing a survey; (2) opting-in for to become a member of a Contest Administrator club or to receive solicitations from Contest Administrator and/or its Sponsors; and/or (3) if Entrants “share” their entry with a friend and that friend validly enters that Contest using the link provided by the Entrant, provided that (a) the total number of “extra” entries can be capped at a maximum number of “extra” entries, as announced by Contest Administrator, and (b) if that friend previously entered that Contest through a link from another Entrant, his/her attempt to enter the Contest through subsequent shared links may not constitute a “valid” entry (in which case, subsequent Entrants will not get “extra” entries for that particular friend).
b. For Listen for the Code Word Online Contests: Listen to the Contest Administrator for the on-air personality to announce a designated keyword/code word. Upon hearing the announcement, enter by visiting the “Contests” page on the Website, clicking the link for the specific Contest, and complete and submit the online entry form with all required information, including the announced keyword/code word.
c. For Twitter Contests: To enter, log in to your existing account, or to sign up for a free account, with the social media network site Twitter, post a Tweet that includes both (1) the unique hashtag for the Contest as designated and announced by the Contest Administrator and (2) the Contest Administrator’s Twitter handle. Tweets that include any hashtag other than the designated hashtag, Tweets that include a Twitter handle other than the Contest Administrator’s verified Twitter handle, and/or Tweets that do not include the designated hashtag for the Contest and/or the Contest Administrator’s verified Twitter handle will not be accepted for Contest entry.
d. For Instagram Contests: To enter, log in to your existing account, or to sign up for a free account, with the social media network site Instagram, (1) post an eligible photo as instructed by Contest Administrator on Instagram, subject to compliance with the photo requirements below, and (2) include the unique hashtag for the Contest, as designated and announced by the Contest Administrator. Posts that include any hashtag other than the designated hashtag, and/or posts that do not include the designated hashtag for the Contest, will not be accepted for Contest entry.
7. For Entering/Winning Text Contests
a. For All Text Contests:
i. For text message Contest entries, Entrants may receive a bounceback text from Contest Administrator with confirmation of Contest entry, but Entrants will receive no “extra” offers, information, or message content. Contest Administrator does not charge a fee for this service. Contest Administrator assumes no responsibility for charges incurred for text-messaging, including, without limitation, as a result of any bounce back messages or Contest notices from the Contest Administrator. Standard message and data rates may apply, the frequency of any automated marketing message(s) individual opts in to receive are recurring and varies, text STOP to cancel, and terms are available at https://www.zipwhip.com/terms/.
ii. Text messages sent to any SMS short codes other than Contest Administrator’s SMS shortcode, text messages sent to the Contest Administrator’s SMS shortcode that include any keyword other than the designated and announced keyword for a particular Contest, and/or text messages sent to the Contest Administrator’s SMS shortcode without any Contest keyword will not be accepted for Contest entry. Contest Administrator not responsible for text messages mistakenly sent to SMS short codes other than Contest Administrator’s SMS shortcode.
b. For Listen for the Code Word Contests: To enter, listen to the Contest Administrator for the on-air personality to announce a designated word, and the Contest Administrator’s SMS shortcode (the “Cue-to-Text”). Upon hearing the Cue-to-Text, enter by texting the designated keyword between a fixed set of times/date, up until a certain time, or until the Contest Administrator receives the designated text (i.e., the 90th text) as announced on air. In the event of service interruption, message delivery failure, or if the selected Entrant found to be ineligible, the next eligible Entrant will be a winner. If the Contest Administrator receives less than the requested number of text (e.g., only 90 entries when the Contest Administrator is looking for the 100th text) within a reasonable period of time (as determined by Contest Administrator), Contest Administrator reserves the right to re-conduct that Contest at a later time or cancel that winning opportunity and not award the associated prize.
9. For Entering/Winning On-Site /Entry Box Contests
a. For All On-Site/Entry Box Contests:
i. Entries must be deposited in the official entry box by the announced deadline. ii. Only official entry blanks that are handwritten are eligible (no mechanical reproductions will be accepted).
iii. Official contest entry blanks are only available at the location of the official entry box, while supplies last.
b. On-Site/Entry Box Enter to Win Contests: To enter, visit the designated event and/or location as specified by Contest Administrator, during the designated Entry Period, obtain an official entry form (available while supplies last), and legibly complete the entry form by hand writing all required information, which may include without limitation, your first name and last name, complete address, city, state, zip code, phone number (including area code), and email address, and age. Failure to provide all required information may result in disqualification.
10. With respect to entering/winning certain Contests, as applicable only:
a. The entry process may require Entrants to login to, or to create a free account in the Contest Administrator’s online club (the “Club”) by going to the Website, clicking on the link for the Club, and completing and submitting the online registration form with all required information.
i. Members may either be automatically entered in Contests from time to time or be required to complete a specific online entry blank for particular Contests. Limit one (1) membership account per email address and some contests may limit one (1) Contest entry per membership account, as announced.
ii. Members of the Club are entitled to, among other things, receive information from Contest Administrator and its clients, enter Contests, participate in surveys, and enjoy many other opportunities.
iii. Members are required to provide truthful information when completing Club membership registration form.
iv. In the event of a dispute regarding the identity of a member, the owner of the registered email account will be deemed the person who submitted the membership.
v. If a Member cancels his/her membership during any Contest in which such Member is entered (or was automatically entered), such Member may no longer be eligible to win a prize in such Contest, at Contest Administrator’s sole discretion.
b. The entry process may require Entrants to login to, or to create, a free account with the third party provider of a software platform used by Contest Administrator for such Contest(s) (“Software Provider”), by going to the Website, clicking on the Contest entry link, and completing and submitting the online registration form with all required information.
i. Limit one (1) account per email address and some contests may limit one (1) Contest entry per account, as announced.
iii. While agreement to the Software Provider Policies may be required in order to enter a Contest, the Software Provider Policies are not a part of these Contest rules but are a separate agreement between the Entrant and Software Provider . In the event of any conflict between the Software Provider Policies and Contest rules, Contest Administrator Contest rules will govern.
iv. Contest Administrator is not responsible for any error or technical malfunctions associated with the Software Provider site that may affect any entrant’s ability to enter, to win, or to be properly considered in this Contest, regardless of the cause. In the event of a malfunction associated with the Software Provider site that Contest Administrator (in its sole discretion) deems to materially and adversely affect this Contest, Contest Administrator reserves the right to suspend this contest, terminate this contest without a winner, terminate this contest and select a winner early, provide alternative means of entry or any other changes to these contest rules that Contest Administrator deems appropriate under the circumstances. Any such changes, terminations or suspensions will be announced on air and/or posted on the Contest Administrator’s website, if applicable.
v. Employees of Software Provider and its affiliates, their respective parents, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each are not eligible to win in this Contest.
c. The entry process may require Entrants to login to, or to create, a free account with a third party social media network, including without limitation Facebook, Twitter, or Instagram (“Social Media Network(s)”).
i. Social Media Network site operators are not sponsors, endorsers, and/or administrators of Contests, and are not affiliated with the Contest Administrator or its Contests in any way. Contest Administrator cannot control certain factors relating to such Social Media Networks, including, without limitation, errors, cancellation of user accounts, and/or any technical malfunctions that may affect any Entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in a particular Contest.
ii. By entering a Contest by means of a Social Media Network, you are authorizing Contest Administrator to access, utilize and/or pre-load to an entry form, applicable portions of your Social Media Network profile information. Entry information provided in Contests through social networking sites is being provided to Contest Administrator, not the associated Social Media Network site operator.
iii. Contest Administrator reserves the right, at any time and for any reason or for no reason, to disassociate any person from its Social Media Network page/following by any means then technically available to it (for example, “blocking” a Fan from liking the Contest Administrator’s Facebook page).
iv. Employees of Social Media Network and its affiliates, their respective parents, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each are not eligible to win in this Contest.
e. Contest Administrator may elect, but will not be obligated, to post certain information not available to the general or listening public about ongoing Contests on its website, or Social Media pages, and/or to communicate such information via email, SMS text message, or social media posting to a limited group of people (e.g., Facebook fans, Twitter followers, or members of Contest Administrator’s email, internet or texting clubs). Such information may include, without limitation, dates and time ranges when a Contest song or sounder may be played, lists of correct or incorrect answers received, and/or Contest reminders. In such events, no purchase will be required to obtain such information but Contest Administrator may require that persons eligible to receive such extra information be members of certain Contest Administrator Clubs or third party Social Network Sites. Contest Administrator will not be obligated to announce that it is or how it is making such additional information available, unless required by law. While such additional information may increase the chances that a recipient will know when to listen or what the correct or incorrect answers may be (which information may not be available to non-recipients), there will be no advantage in the mode of entry by obtaining (or not obtaining) this additional information (e.g., there will be no advantage in being the 10th caller, etc…).
f. Contest Administrator reserves the right, but not the obligation, to post some or all entry information and/or materials on the Contest Administrator’s website or social networking sites, in whole or in an edited form in Contest Administrator’s discretion, as a “featured” entry. Having your entry posted and/or “featured” does NOT mean that the Entrant has won or is likely to win in that Contest. The decision to post or “feature” any such entries is for entertainment purposes only, and is not part of the winner selection process. Contest Administrator cannot guarantee that it will be able to view all entries and/or required entry submissions (essays, photos, videos, etc…) submitted from a technical perspective, even if sent in the appropriate formats required. In the event that Contest Administrator is not able to view any entry or entry materials submitted for any technical reason whatsoever, that entry may be disqualified (without notice to the Entrant) and Contest Administrator will have no liability or obligation to such Entrant with respect to the disqualified entry.
g. In the event of a dispute regarding the identity of an Online, Social Media, Text, or App Contest Entrant, the Entrant will the one (1) individual who can demonstrate control over the means by which the Entry was submitted to the Contest Administrator, as applicable: (i) by logging into an applicable Listener Club, Facebook, Twitter, and/or Instagram account with the correct user name and password; or (ii) by evidencing ownership of the phone and/or phone number either from which the Entrant’s text entry was sent or on which the App is installed and registered to such Entrant.
h. For any Contest that requires Entrants to submit materials such as an essay, a photograph, or a video (together with any entry form and the content included, depicted, and/or captured in such essay, photograph, or video, the “Entry Materials”), Entrant must be eighteen (18) years of age or older, exclusively own, or have obtained a license from the copyright holder to, the submitted Entry Materials (i.e., Entry Materials cannot be “owned” in any way by any other person or company without obtaining his/her express consent to enter this contest and allow Contest Administrator to use the photo as contemplated in the contest rules). Entry Materials must not contain or convey any content that the Contest Administrator determines, at its sole discretion, subjectively or otherwise, (i) to be indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, or hateful, (ii) to be racially, ethnically, or otherwise offensive or objectionable, (iii) to encourage unlawful behavior, (iv) to infringe upon the brand names, trade-marks, trade names, logos, or any other intellectual property that may belong to a third party, or (v) to disclose any detailed personal, physical, contact, or otherwise confidential information that may belong to a third party. The foregoing is not intended to require Contest Administrator to disqualify Entrants who, in Contest Administrator’s sole discretion, appear to be innocently wearing clothing or are in areas that just happen to contain third party logos or marks. Further, Contest Administrator may, but is not obligated to pixilate/cover any trademarks/servicemarks and/or copyrighted materials in Contest Administrator’s sole discretion. Contest Administrator will not be required to make the same determination based on the foregoing for every photo and may treat all Entry Materials, at its sole discretion, even if the problematic Entry Materials are similar. Further:
i. For any Contest specifically requiring for Entrants to submit an essay as part of the entry process, essay should not exceed the designated number of words as indicated by the Contest Administrator; provided, however, that essays submitted with more than the designated number of words will not be disqualified (except to the extent that the online entry mode limits number of words/characters), but the Contest Administrator will only be obligated to read and consider up to the designated number of words. Essays need not be truthful. Contest Administrator will not verify the truthfulness of the information submitted in each entry; provided, however, that failure to satisfy (or suggestion that you fail to satisfy) the entry eligibility requirements or other contest rules applicable to this contest can result in disqualification of the Entrant from becoming the Grand Prize Winner, in Contest Administrator’s sole discretion. Contest Administrator reserves the right, but is under no obligation, to edit an Entrant’s essay in any manner that it chooses at Contest Administrator’s sole discretion.
ii. For any Contest specifically requiring for Entrants to submit a photograph as part of the entry process, the terms “Photograph”, “Photo”, and/or “Image” may be used interchangeably, and may include, but will not limited to the inclusion of, any image that may be produced by an analog or digital camera, an optical image scanner (or simply, “scanner”), a “screen dump,” “screen capture,” “screenshot,” or “screengrab,” and/or the digital manipulation of one or multiple photographs achieved by the use of image editing software. Photo must be uploaded in either the “.jpeg” or “.jpg” file format (no other formats will be accepted). ONLY THE ENTRANT MAY BE VISIBLE IN THE PHOTO. NO OTHER PERSON MAY BE DEPICTED IN SUCH PHOTO no matter how far away or obscure; provided, however, that Contest Administrator reserves the right to accept Photos that have parts of other people visible that Contest Administrator deems at its sole discretion is not material to the Photo and such persons are completely indistinguishable (e.g., a leg or finger). Further Contest Administrator’s decision in this matter is final and not appealable and Contest Administrator is not obligated to treat every Photo identically (e.g., Contest Administrator may decide that in one photo a leg is not material, but that a leg is in another photo). Any Photo with any other person(s) depicted in it will be ineligible and disqualified, except as otherwise permitted in this subsection.
iii. For any Contest specifically requiring for Entrants to submit a video as part of Entry process, ONLY THE ENTRANT MAY BE CAPTURED IN THE VIDEO. NO OTHER PERSON’S IMAGE, VOICE, TALENT, AND/OR INTELLECTUAL PROPERTY (i.e., trademark(s), and/or copyrighted photo(s), video(s), song(s), works of art, etc.) CAN BE CAPTURED IN THE VIDEO (no matter how far away, obscure, or otherwise). Any video with any other person(s) or more than one person captured in it will be ineligible, and will be disqualified.
iv. For any Contest that requires Entrant to make (or Tweet) a Social Media Network post with a unique hashtag, and Contest Administrator’s handle if applicable, merely posting with the correct hashtag, and Contest Administrator’s handle if applicable, does not constitute a valid entry. Contest Administrator reserves the right to exclude any Twitter post from Contest entry if such post or an entrant fails to comply in any manner with these and all other applicable Contest requirements and rules.
j. For any Contest requiring that Entrants and/or Qualifiers be present at a Contest Administrator event in order to continue participation in a Contest, Entrants hereby agree to strictly follow all instructions and directions given by the Contest Administrator staff at the event and understand that any intentional failure to comply with the Contest Administrator’s instruction, process, procedures or Contest rules at the event may result in immediate disqualification in Contest Administrator’s sole discretion. If check-in or registration at the event is required by Contest Administrator, you must check in, or in some cases be in line to check in, by a certain announced time. Eligibility to participate in the Contest event may require that at check-in each timely arrived participant complete, sign one or more release agreement(s), provide a social security number, evidence of a valid government issued photo identification and other specific requirements announced. Failure to do any of the foregoing at check-in if required will result in automatic disqualification. In the event that any Contest event or any Grand Prize Event needs to be rescheduled for any reason, such postponement will be announced on air and on the Contest Administrator’s website. It is the sole responsibility of each Entrant/Qualifier to listen on-air and check the website for cancellation or rescheduling information. Contest Administrator may (but is not obligated to) send a written, email or telephone call to Entrants/Qualifiers regarding any necessary rescheduling of any Grand Prize Event with the rescheduled date and time but in no event will Contest Administrator or Sponsors have any liability or responsibility for any Entrant’s/Qualifier’s failure to receive the the notice. Contest Administrator or Sponsors have any liability or responsibility for any potential Entrant’s, Entrant’s or Qualifier’s inability to attend any event on the rescheduled date.
k. For voting contests: (i) except as otherwise announced, voting is for entertainment purposes only and will not be the determining factor in selecting winners, but may at Contest Administrator’s sole discretion be taken into consideration as a factor considered by Contest Administrator in determining the winner; (ii) Contest eligibility requirements are not applicable to determining whether or not a person may vote in a Contest; (iii) Contest Administrator may, but will not be obligated to, post online any tallies (iv) in the event of text voting, Contest Administrator reserves the right at any time to end text voting prior to the announced closing date for text voting, for any reason or for no reason, by providing at least twenty-four (24) hour notice on Contest Administrator’s website that such text voting will end early.
i. Use of robotic or other forms of automated voting is not prohibited.
ii. Contest Administrator reserves the right, at its sole discretion, to implement entry/voting processes from time to time that may frustrate or prohibit automated entry or voting.
iii. Contest Administrator reserves the right to install and access cookies, alone or along with other methods, to track web site traffic, entry and/or voting frequency, and/or to detect or prohibit automated methods of voting, entry or website visits.
11. Failure to comply with the terms and conditions applicable to Contest entry may result in such Entry being disqualified from such Contest. Any individual(s) that is found to be, or suspected of, tampering with a Contest in any way may be banned from any future participation in any Contest as determined by Contest Administrator.
12. Contest Administrator will be the sole arbiter in all matters relating to the Contest, including without limitation, Contest entries and in the interpretation of Contest rules. All decisions by Contest Administrator will be final and may not be appealed. Entry into Contests constitutes agreement by Entrants to abide by these rules, as well as any other rules established by Contest Administrator.
13. Prize(s) will be released to winners only and will be delivered as determined in the Contest Administrator’s discretion.
14. No potential winner will be entitled to receive any prize until the Contest Administrator has verified such potential winner’s eligibility and compliance with the Contest rules and until such potential winner has completed and submitted all documents required by Contest Administrator. In order to receive any prize, a Winners may be required to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by the Contest Administrator, including without limitation, release agreements relieving the Contest Administrator, its parent and affiliates and their respective officers, directors, members, managers, employees, agents, Contest sponsors and others from any and all liability with respect to the Entrant’s participation in the Contest and the receipt and/or use of the prize.
15. The following terms and restrictions may apply generally to prizes awarded in Contests:
a. Any prize involving travel, including without limitation prizes consisting in whole or in part of overnight accommodations and/or travel by air, rail, ship, or motor coach, will be based upon availability and subject to additional terms and restrictions imposed by Contest Administrator, Contest sponsors, and/or other agents participating in the Contest and/or fulfillment of the prize, including without limitation blackout dates, peak period restrictions, expiration dates, and/or additional age restrictions imposed upon the winner and/or the winner’s guest(s). These restrictions are not subject to negotiation. Winner’s guests may be required to sign release agreements before being authorized by Contest Administrator or its sponsor to be allowed to participate as winner’s guest on a trip. In addition, such winners and guest(s) are required to travel on the same itinerary, to which changes may not be made once booked, and are solely responsible for obtaining any international travel documents, visas or passports that may be required. Reservations are non-transferable and once booked and confirmed may not be rescheduled. Overnight accommodations will consist only of standard double occupancy accommodations, and winner will be solely responsible for all ground transportation, for the purchase of any items of a purely personal nature, for the payment of any incidental expenses, and for the payment of any taxes, charges, and/or fees. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses. Air travel will consist only of round trip coach air transportation to/from a commercial airport in/near the destination city from/to a commercial airport in the greater metropolitan area in which the Contest Administrator is located, and the winner will be solely responsible for all ground transportation and for the pre-payment of any applicable taxes or airport, baggage, or government fees or charges.
b. Any prize that is awarded in the form of a gift certificate or gift card, the use and/or redemption of such certificate or card may be subject to additional terms and restrictions, including without limitation expiration date, specific locations at which such certificate or card may be redeemed, may be based on availability and may include black-out periods, restrictions or excluded items (i.e., tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.
c. Contest Administrator and Sponsors are not responsible for replacing or reimbursing winners with any form of compensation for flights or events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of Contest Administrator and its sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, as well as all delays or cancellations due to acts of nature, terrorism (including threats), illness or war. Additionally, Contest Administrator is not responsible for any work stoppage, bankruptcy or other condition beyond Contest Administrator’s control that may affect Contest Administrator’s ability to provide any of the prizes. Contest Administrator is not responsible for any expenses incurred by Contest winners as a result of such cancellations, delays or other circumstances beyond Contest Administrator’s control.
16. Prize(s) may not be redeemed for cash, substituted, transferred or assigned, except as may be determined by Contest Administrator at its sole and absolute discretion on a case-by-case basis. Winners are prohibited from selling any prize awarded or transferring any prize without Contest Administrator’s authorization, which authorization must be in writing by a Contest Administrator representative and will be granted or withheld in Contest Administrator’s sole discretion on a case-by-case basis. Contest Administrator reserves the right, at its sole discretion, to take any of the following actions: (a) immediately disqualify the winner and deem any prize they were otherwise entitled to as forfeited; (b) refuse to award the prize to such winner, even if he/she represents that they will not resell or transfer the prize; and/or (c) prohibit the violating winner from participating and/or winning any future Contests, in Contest Administrator’s sole discretion, and if such winner ever wins a future Contest during the period that he/she is banned, he/she will be disqualified from the Contest and forfeit any prize once it has come to Contest Administrator’s attention. Contest Administrator reserves the right to track and/or cancel and invalidate any prize awarded that Contest Administrator suspects was sold or transferred without authorization.
17. Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the prize, as set forth in the Contest rules, and may be issued an IRS Form-1099 for all prizes won from Contest Administrator in any calendar year where the aggregate value of all such prizes is $600 or more.
18. Contests are subject to all applicable laws and regulations, and are void where prohibited. Odds of winning depend upon the how the Contest is conducted. For random drawings, the odds of winning will depend upon the number of entries received. For contests in which winners are qualified for a random drawing to determine the grand prize winner, odds will depend on the total number of Qualifiers. For contests of skill that do not involve any element of chance, odds of winning are not applicable. All tie breaking procedures will be published on the Contest Administrator’s website and/or communicated by email to tied contest Entrants.
19. Contest Administrator may or may not respond to inquiries by Entrants or potential Entrants regarding the status of their entry and/or to questions about a Contest, regardless of the means by which such inquiry is made, and Contest Administrator is not obligated to respond to, or to treat, all such inquiries identically (even if the question is identical).
20. Participation in a Contest and/or acceptance of prize(s) constitutes consent by Entrant and/or winner’s (and by winner’s guest(s) if applicable) for the Contest Administrator or its agents (i) to interview the Entrant and/or winner(s) (and winner’s guest(s), if applicable), (ii) to photograph, film, and record (audio and/or video) Entrant and/or winner(s) (and winner’s guest(s), if applicable), and (iii) to use in commerce and in any medium now or hereafter known throughout the world in perpetuity and without payment of any compensation or additional consideration: his/her name, hometown (city and state), biographic information, likeness, photograph, audio or video recording, Entry Materials, prize information (if any), and/or any statements made by him/her regarding the Contest Administrator, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law.
21. Participation in a Contest and/or acceptance of prize(s) constitutes agreement by Entrant and/or winner (and by winner’s guest(s) if applicable) release, forever discharge, indemnify, and hold harmless Contest Administrator, its affiliates, parents, assigns, successors, employees, participating Sponsors, agents and all others connected with them and the promotion, Contest, and/or event (the “Released Parties”) from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, Contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, Contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Contest Administrator, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, Contest, and/or event. In the event that the associated Contest is administered by Contest Administrator (in whole or in part) via a Facebook page, Entrants understand and agree that the foregoing liability release and indemnification in this Section will also include the release and indemnification of Facebook by Entrant in the same manner in which Contest Administrator is released and indemnified.
22. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of a Contest or in the announcement of a prize; (ii) incorrect or inaccurate information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to Entrant(s) and/or winner(s) (and winner’s guest(s) if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Contest cannot be conducted and/or if a prize, either in whole or in part, cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
23. If for any reason a Contest cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Contest Administrator reserves the right to cancel, terminate, suspend, and/or modify the Contest without prior notice. If the Contest is terminated before the original end date, the Contest Administrator reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
24. Winner List: For a list of winners for a particular Contest, email email@example.com identifying the name of the Contest for which you would like to receive a winner’s list. All requests for winner lists must be mailed and received by the Contest Administrator after the Contest is over but prior to three (3) months after the Contest has been concluded.