POWER 96 HI/LOW CASH CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
1. HOW TO ENTER
a. These rules govern the “Power 96 HI/LOW Cash Contest” promotion (the “Promotion”), which is being conducted by WPOW-FM (the “Station”). The Promotion begins on January 9, 2017 and ends on March 3, 2017, or when four (4) Grand Prizes have been awarded, whichever occurs first (the “Promotion Dates”).
b. To enter the Promotion, entrant may enter by phone beginning on January 9, 2017 at 7:20 AM Eastern Time (“ET”) and ending on March, 3, 2017 at 4:20 PM ET, or when four (4) Grand Prizes have been awarded, whichever occurs first, (the “Entry Period”) as follows:
i. To enter on-air, listen to the Station each weekday beginning on Monday, January 9, 2017 and ending on Friday, March 3, 2017 at approximately 7:20 AM ET, 11:20 AM ET, 2:20 PM ET and 4:20 PM ET, or when the four (4) Grand Prizes have been awarded, whichever occurs first, for the announcement of the cue to call. Upon hearing the cue to call, the ninth (9th) caller to get through to the Station contest line at 305-550-9696 will have the opportunity to win the Grand Prize by correctly guessing the four (4) digit Promotion code (the “Code”), upon confirmation of eligibility. Each designated caller will be asked to guess the exact four (4) digit Code in order to win the Grand Prize. The Code will be a randomly pre-determined four (4) digit number between 0001 and 9999, inclusively. An integer can repeat, eg. 1111. If a designated caller correctly guesses the Code, the designated caller will win the Grand Prize, upon confirmation of eligibility, and a new Code will be randomly determined for the next cue-to-call, if applicable. If a designated caller incorrectly guesses the Code, the Station will announce on-air whether the guess is too high or too low, no Grand Prize will be awarded for that cue to call, and no other listeners will have the opportunity to guess the Code until the next cue to call is announced on-air, if any. The Code will remain the same until it is correctly guessed correctly or until the end of the Promotion. If the on-air talent incorrectly announces higher or lower, the Station may retract the on-air talent’s statement and correctly announce higher or lower on-air as soon as possible. There will be up to a total of four (4) unique Codes during the Entry Period. Listeners may be able to better guess the Code by listening to the previous guesses for that Code.
ii. At the time of entrant’s call, entrant will be required to provide all information requested including entrant’s full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. P.O. Boxes are not permitted. In the event that the selected caller is disconnected, or is found to be ineligible, the next eligible caller who successfully makes it through on the call-in line and completes the call will have the opportunity to guess the exact four (4) digit Code to win the Grand Prize. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a winner only once.
c. There may be up to a total of four (4) Grand Prize winner(s) selected in the Promotion. The Promotion will end on Friday, March 3, 2017 regardless of whether or not all four (4) Grand Prizes have been awarded.
d. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to the Station on-air. The Station is not responsible for online streaming delays.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or older and who reside in the Miami-Ft. Lauderdale metropolitan area (Miami-Dade, Broward, Monroe, Palm Beach, or Martin Counties, Florida. Void where prohibited or restricted by law. Employees, officers, directors and agents of the Station, CBS Radio Inc., their corporate affiliates, Station’s advertising and promotional agencies, participating sponsors, prize suppliers, their respective affiliates (collectively, the “Promotion Entities”) and other radio stations in the Miami-Ft. Lauderdale metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
b. Listeners are eligible to win a prize in a Promotion conducted by the Station only once every seven (7) days, and listeners are eligible to win a prize in a Promotion conducted by the Station only once every six (6) months if the prize is valued over $10,000. Only one (1) winner per household is permitted in any Station-conducted Promotion.
c. The winner will be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize.
d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. Up to four (4) Grand Prizes may be awarded in this Promotion. Each Grand Prize consists of: Two Thousand Dollars ($2,000) awarded in the form of a check made payable to the Grand Prize winner upon confirmation of eligibility. Grand Prize check will be awarded in the form of a check issued by CBS Radio. Check will not be awarded, processed or mailed until winner(s) has claimed the prize at the Station, presented all required documentation, and signed all required releases and tax forms. Grand Prize winner will be contacted when check is available for pick up within approximately twelve (12) to fourteen (14) weeks after the Station receives all required paperwork back from the winner(s). The Approximate Retail Value (“ARV”) of the Grand Prize is $2,000.
b. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours. The Grand Prize winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within ten (10) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize(s) or prize certificate(s).
c. Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. Up to four (4) Grand Prize winners may be selected as described in Section 1 of these Official Rules. Grand Prize winners will be notified of their winning at the time of their call.
c. Odds of winning a Grand Prize depend in part upon the order and number of calls received.
d. Entrants must listen to the Station to win a Grand Prize but need not be present to enter or win.
e. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. Check prizes will be issued within approximately twelve (12) to fourteen (14) weeks following confirmation of eligibility and completion of all requisite releases and IRS forms. The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize will be forfeited and an alternate Grand Prize winner will not be selected. If a winner has not reached the age of majority in his/her state of residence, the prize will be awarded in the name of his/her parent or legal guardian. If a potential winner(s) cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize(s). Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Station, the Promotion and/or its sponsor(s) for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, in perpetuity, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors,
employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winner(s), unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize(s); (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Released Parties’ control.
f. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes to the rules of the Promotion, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s).
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For a copy of these Official Rules, send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by March 3, 2017 to “Power 96 Hi/Low Cash Contest – Official Rules,” Attn: Promotions, WPOW-FM, 194 NW 187th Street, Miami, FL 33169. For the names of the prize winner(s) send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by May 1, 2017 to the above address marked “Power 96 Hi/Low Cash Contest – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at http://www.power96.com.
Administrator: WPOW-FM, 194 NW 187th Street, Miami, FL 33169