A complete copy of these rules can be obtained at the offices of radio station WGVX-FM (“Station”), located at 2000 SE Elm Street, Minneapolis, MN 55414, during available business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the WGVX’s “Kowalski’s A Minnesota Holiday Vol. 12 Holiday CD Giveaway” contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.
Eligibility. This Contest is open only to legal U.S. residents, excluding Florida and New York residents, age 18 or older at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, who have not won a prize from the Station in the last 60 days, or a prize valued at $500 or more in the last 90 days and whose immediate family members or household members have not won a prize from the Station in the last 60 days or a prize valued at $500 or more in the last 90 days. Void where prohibited by law. Employees of Minneapolis Radio Assets, LLC, Station, each of their parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. A PERSON, HOUSEHOLD, OR IMMEDIATE FAMILY MEMBER MAY ONLY WIN ONE (1) PRIZE DURING THIS CONTEST.
- Contest Period. The Contest will begin at 12:01 am, CST on Monday, November 16, 2020 and will run through 11:59 pm, CST on Friday, December 18, 2020 for online entry (as described below) (“Online Entry Contest Period”) and will begin at 2:59 pm on Monday, November 16, 2020 and will run through 6:59 pm on Friday, December 11, 2020 for on-air entry (as described below) (“On-Air Entry Contest Period,” and together with Online Entry Contest Period, the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
- How to Enter.
On-Air: During the On-Air Entry Contest Period, listeners must be listening for the on-air personalities to announce that it is time to call, which will be their cue to call and will happen sometime between 3:00 PM -7:00 PM EACH DAY, MONDAY THROUGH FRIDAY, from November 16, 2020 through December 11 2020, during the On-Air Entry Contest Period. When they hear the daily cue to call from Jay Philpott between 3:00-7:00 p.m. CST on-air, then they must be the fifth (5th) caller (as determined by the Station in its sole discretion) to 651-989-9105 to be qualified to win a prize during the Contest Period. Callers other than the fifth (5th) caller will not be entered to win. The Station will award one (1) prize each weekday during the Contest Period for a total of twenty (20) prizes during the Contest Period. Each phone number will be allowed to call once per day for a total of (up to) one (1) entry per day, per phone number.
Time Delay Between Over-the-Air Analog Signal and Internet Broadcast: Due to the time delay that exists between the Station’s analog over-the-air signal and the Station’s online webcast, listeners who listen to the Station online may hear the cue to text later than listeners listening to the Station’s analog over-the-air signal. As a result, the odds of an online listener entering this Contest on-air may be diminished.
Online: Visit the participating Station’s website at www.love105.fm during the Contest Period, click on the “Contest” link, click on the “Kowalski’s A Minnesota Holiday Vol. 12 Holiday CD” Contest link, and complete an entry form, making sure to complete all fields, including your name, email address, phone number and checking the box to confirm that you have read and agree to the contest rules. All online entries must be received by 11:59pm CST on Friday, December 18, 2020 to be eligible for the online prize drawing. Limit one (1) entry per person for the duration of this Contest, regardless of how many email addresses an individual may possess and use. Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Stations are not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected registrations, all of which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Stations and will not be returned. Stations reserve the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted.
- Winner Selection
On-Air Daily Winners. The person to call in each weekday during the Contest Period, as described above, from November 16, 2020 through December 11 2020, between 3:00 PM and 7:00 PM CST, on stated dates that are active, will be eligible to win a prize (subject to verification of eligibility and compliance with the terms of these rules). The potential prize winners will be briefed about their potential prize winnings and how to claim their prize over the phone by the jock at the time of winning. Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
Only one (1) prize winner per immediate family or household during this Contest Period.
Online Winners. Starting or about 9:30 am CST on Monday, November 23, 2020 and then each following Monday during the Contest Period, the Station will select four (4) entries weekly during the Contest Period for the prize in a random drawing from among all valid entries received by Station during that previous week during the Contest Period. The potential winners will be contacted by end of day beginning on Monday, November 23, 2020, using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential winner may be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
- Prizes. Up to forty (40) prizes (each, a “Prize”) will be awarded in this Contest (20 Prizes through online entries and 20 Prizes through on-air entries). Each Prize consists of A Minnesota Holiday Vol. 12 on CD. The Approximate Retail Value of each Prize is Fifteen Dollars ($15). Winner is responsible for all taxes and expenses associated with prize receipt and/or use. Odds of winning a Prize depend on a number of factors including the number of eligible entries received by Station during the Contest Period. There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
A PERSON, IMMEDIATE FAMILY, AND/OR HOUSEHOLD MAY ONLY WIN ONE (1) PRIZE DURING THIS CONTEST PERIOD.
All prizes are awarded “as is.” Prizes are nontransferable and cannot be exchanged. No substitute prize will be awarded to a winner who declines to accept a prize. The station reserves the right to require contestants to be present at drawings in order to win their prize. The Station shall not be responsible for the failure of participating sponsors to deliver the prizes or any part thereof as described herein.
All prizes must be claimed in person at the Station at the address identified above during available business hours and within ten (10) business days of winning, excluding holidays, unless otherwise agreed to by the Station in its sole discretion. After such time, ownership of said prize reverts back to the Station to be disposed of at its discretion. The winner then loses all claims and rights to said prize. Proper identification must be presented by any winner to claim prize. As a condition to receiving any prize, each potential winner must complete and sign a Winner’s Affidavit and Release, releasing the Station from all liability in connection with winner’s participation in the contest and acceptance, use, or non-use of the contest prize.
- Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Minneapolis Radio Assets, LLC, Cumulus Media Holdings, Inc., and each of their subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
- Publicity. Except where prohibited, participation in the Contest constitutes entrant’s consent to use by the Station and its agent of entrant’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
- Taxes. All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error that may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. If, for any reason, in the sole opinion of Sponsor, this Contest or any Participating Station is not capable of running as planned by reason of an Act of God, disease, epidemic, pandemic, quarantine, acts of government, infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, system overload or any other causes, whether discovered or suspected by Sponsor, which, in the sole opinion of the Sponsor, does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest, and/or provide alternative means of entry or any other changes to these contest rules that Sponsor deems appropriate under the circumstances. In the event of termination, suspension or modification of this contest, a notice will be posted online and/or announced on-air.
- Disputes. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.
CONTEST SPONSOR: Minneapolis Radio Assets, LLC, 2000 SE Elm Street, Minneapolis, MN 55414.
PRIZE PROVIDER: PHIL THOMPON PRODUCTIONS.