KNOCK KNOCK IT’S A KEARTH XMAS WEB PROMOTION
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 “Knock Knock it’s a KEARTH XMAS! Promotion” (the “Promotion”), which is being conducted by KRTH (the “Station”). The Promotion begins on November 21, 2016 and ends on December 6, 2016 (the “Promotion Dates”).
b. To enter the Promotion, entrant may enter online beginning on November 21, 2016 at 12:00am Pacific Time (“PT”) and ending on December 5, 2016 at 11:59pm PT (the “Entry Period”) as follows:
c. Each Nomination must be the entrants’ creative work, and must not be protected by copyright; each entrant must have the right to submit it. Station, in its sole discretion, reserves the right to disqualify any entry if such entry’s Nomination is inappropriate or unsuitable for public display, broadcast, or posting on the Station’s website (i.e., entries must be radio clean). Entries that do not comply with these rules will not be eligible.
d. Beginning on November 21, 2016, the Station shall solicit from members of the public donations of items, gifts, and other articles identified on the winning Nomination’s Wish List (“Wish List Gifts”). Wish List Gifts will vary depending upon the winning Nomination, and the Station reserves the right to add additional gift ideas to expand the Wish List at its sole discretion. Wish List Gifts shall be collected by the Station from public donors by December 20, 2016 and shall be provided to the winning Nominee on December 21, 2016 as described below.
e. There will be a maximum of one (1) winning Nominee selected in the Promotion.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all Nominees who are legal U.S. residents, 18 years of age or older and who reside in the Greater Los Angeles Area in California (Los Angeles and Orange Counties, California). (If Nominee is a family, the head-of-household must meet the eligibility criteria.) Nominators must be legal U.S. residents, 18 years of age or older who live in the 50 United States or D.C. 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 Los Angeles 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 be Nominees or to 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. The winning Nominee (or head-of-household for the Nominee family, as applicable) must provide valid government-issued photo identification to receive the Prize. In the event the entrant nominates a third party, and such Nominee is selected as a potential winner, prize will be awarded to the Nominee and not the entrant, upon verification of eligibility and proper completion of the Prize Claim Documents described below.
c. If a prize is valued between $0 and $599.99, winner will be eligible to win another prize after thirty (30) days from the date the prize is won. If a prize is valued between $600 and $999.99, winners must wait sixty (60) days from the date the prize is won until he or she is eligible to win another prize. If a prize is valued at $1,000 or more, winners must wait one-year from the date the prize is won until he or she is eligible to win another prize. Only one winner per household is permitted in any Station-conducted Promotion. For on-air Promotions, there is no limit to the number of times a listener may attempt to call-in or text; however a listener may only qualify once. Listeners who have previously been disqualified from any Station contest are not eligible to participate in this Promotion. Entrants are responsible for complying with these Official Rules.
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 or Nomination as required by law.
a. One (1) prize will be awarded in the Promotion. The prize will be awarded to the winning Nominee, not the entrant who submits the winning entry. The prize consists of one (1) approximately 6 to 7 foot artificial Xmas Tree selected solely at the discretion of the Station and a $500 Smart and Final Gift card. The Approximate Retail Value of the prize is $599.00. The gift card will be subject to the terms and conditions as set forth by the issuer of the gift card. Gift card is not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will gift card be replaced if lost or stolen.
b. In addition to the prize listed above, the Station shall also arrange for the delivery to the Nominee’s residence Wish List Gifts, which have been obtained by the Station as described above. Fulfillment of the Wish List Gifts shall be done at the sole discretion of the Station and may be subject to availability and delivery limitations.
c. The winning Nominee will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the prize. The prize, as well as any Wish List Gifts fulfilled by the Station, is provided as is. Neither the Promotion Entities nor the donors have made or are responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the prize or Wish List Gifts, including without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply.
d. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or Wish List Gifts will be dropped off at the winning Nominee’s residence on December 21, 2016 at approximately 7:00am PT. In the event that a prize or Wish List Gift is mailed or shipped to the winner(s), it will be with the prior written consent of the winner(s) and therefore, winner(s) assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize(s) or Wish List Gifts.
e. 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 or Wish List Gift, 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. All Nominations will be judged by a panel judges selected solely at the discretion of the Station on December 6, 2016 at approximately 10:00am PT. Nominations shall be judged based on which Nominee is: (i) the most deserving family, (ii) the family that is depicted as having the most difficult time, and (iii) the most compelling story. The judges will select the one (1) Nomination that they believe is most deserving of the prize based on the judging criteria.
c. The winning Nominee will be notified via phone at on Tuesday, December 6, 2016. The winning Nominee (or head-of-household for the Nominee family, as applicable) will need to agree to accept the prize by 5:00pm PT on Tuesday, December 6, 2016 or prize will be forfeited and an alternate winner will be selected from the judge’s selections of the next most deserving family (time permitting). The winning Nominee (or head-of-household for the Nominee family, as applicable) must provide their consent to allow the Station to deliver the prize and the Wish List Gifts to the winning Nominee’s residence on December 21, 2016 at 7:00am PT or the prize and Wish List Gifts will be forfeited.
d. Winner does not need to listen to the Station to win, but must be present at their home on December 21, 2016 at 7:00am PT to receive the prize and Wish List Gifts.
e. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release by 5:00pm PT on December 21, 2016 or prize(s) will be forfeited. If a winner has not reached the age of majority in his/her state of residence, the prize(s) 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(s).
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 December 6, 2016 to “Knock Knock It’s a KEARTH XMAS! – Official Rules,” Attn: Promotions, KEARTH 101 5670 Wilshire Blvd. Los Angeles, CA 90036. For the names of the prize winner(s) send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by February 6, 2017 to the above address marked “Knock Knock it’s a KEARTH XMAS! – 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.kearth101.com.
Sponsor and Administrator: KEARTH 101, 5670 Wilshire Blvd., Los Angeles, CA 90036.
Smart and Final, 600 Citadel Dr, Commerce, CA 90040