Power 94/Brewer Broadcasting, LLC
These rules apply to (“contest”) conducted by Brewer Broadcasting, (“Station”) and the (“contest sponsor”) unless otherwise set forth in specific contest rules for a particular contest. In certain cases, particular contests may have their own specific additional or alternative rules (in whole or in part) which will be set forth in a separate addition to these rules or in contest rules specific to a particular contest and will be available at the Brewer Broadcasting Station studio at 1305 Carter Street, Chattanooga, TN 37402 and on the contest page on Power94’s website at www.Power94.com.
Who Can Enter
- To enter, contestants must be legal residents of the United States of America, who are 18 years of age or older on the date of entry in the applicable contest. Station/Contest Sponsor reserves the right to examine identification and may reasonably choose to accept or deny awarding the prize based on the identification presented.
- Employees (including, without limitation, part-time or temporary employees) of the Station, contest sponsors and any other Norfolk area radio stations (defined as any radio station with its main studios located within a diameter of fifty (50) miles from the downtown Chattanooga main post office), and their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies at any time during the applicable contesting period and the immediate family (i.e., current and ex- spouses, parents, grandparents, children, grandchildren, and siblings and in-laws and steps in any of the foregoing categories) and other household members (i.e., roommates, housemates, significant others, and partners of each legally residing at the same address) of each of the above are NOT eligible to enter and/or to win.
- NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN STATION CONTESTS.
- Contestants may enter as often as they wish but only one qualifier/finalist/winner per family or household member per contest as defined in Section 2 above (only the chronologically first prize won will be awarded), unless expressly specified otherwise in contest rules for the specific contest at issue or as set forth in the applicable contest rules (including, without limitation, Sections 6, 9(f), 11, 25, 37, and/or 38 below).
- All entries become the property of the Station and will not be acknowledged or returned. Entries received that are mutilated, tampered with, illegible, or from ineligible entrants will be void. Entries that are determined to be fraudulent will be void, and the person making such an entry may be barred from further participation in that contest and, in Station’s sole discretion on a case by case basis, banned from any future participation in any Station contest (which Station decision may not be disputed or appealed). Incomplete or illegible entries or entries that do not satisfy the entry requirements may be disqualified in Station’s sole discretion.
- One or more contests may be announced from time to time. Station may run more than one contest simultaneously, but entries will only be solicited for one contest at a time.
- WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts.
- Depending on the contest, the Station will designate the required method of entry/winning. All references in this Section 9 to an “announcement” or to any information to be “announced” may be announced on-air and/or via email, sms, internet posts, blog posts, text message, instant message, social network posts, on-site, and/or via point of purchase displays, materials or handouts. The following apply to the applicable entry/winning methods designated:
- For call-in contests, entrants will be asked to call in on a designated telephone line (the phone number will be announced) when listeners hear the (“contest sponsor”). At the time that calls are solicited, the criteria for winning will be announced (e.g., first six callers, tenth caller, first caller with the correct answer). Only those calls to the specific phone number provided, at the time calls are solicited or at the day/time announced in the solicitation, shall be eligible to win. Calls to the main Station phone number or any other phone number are not eligible entries. Winners will be selected in accordance with the criteria announced when calls are solicited. If the Station receives less than the requested number of calls (e.g., only 9 callers when the Station is looking for the 10th caller to win) within a reasonable period of time (as determined by Station in its sole discretion), Station reserves the right to re-conduct that contest at a later time or cancel that winning opportunity and not award the associated prize. By calling the Station’s call-in or request line, each contestant gives permission and consents to Station’s recording and/or broadcasting contestant’s name, town, voice, participation, and the substance of the contestant’s telephone call. Contestant agrees that no additional compensation will be paid for such usage.
b For entry box contests, entries must be deposited in the official entry box by the announced deadline. Unless otherwise specified, only official entry blanks that are handwritten are eligible (no mechanical reproductions will be accepted). Official contest entry blanks are only available at the location of the official entry box, while supplies last.
- For internet based entries (whether via email, social networks, online submissions, or the Station’s Club (as defined below)), entrants will be asked to go to Power94.com (whether the Station’s main website at www.Power94.com on particular days and times to enter a contest, as announced. Criteria for winning and/or conditions for entry will be announced by Station. Winners will be selected in accordance with the criteria set forth in any announcement with respect to the particular contest and may include, without limitation, one or more of the following types of modes of entry/winning: (a) answering survey questions, (b) correctly answering trivia questions, (c) making predictions or guesses with respect to certain upcoming events, (d) submitting essays (of specified lengths), photos, videos or audio, or (e) simply completing entry forms with contact information. For internet contests that require entrants to answer questions, submit materials or perform in some other manner, such contest will be judged by Station personnel, and the decision of the judges will be final as to all matters,
including, without limitation, (i) the order in which emails or on-line entries were received and (ii) whether any answer or submission required to be given is correct or the “best” or most desirable (based on any lawful criteria Station deems desirable). For online entry contests where entrants do NOT need to be a member of the Station’s online club or texting club in order to enter, entrants may be provided with an opportunity to opt-in for membership as part of the entry process but accepting such membership, however, is not a condition of entry.
- e. For internet based entries when entry requires membership to, or registration with, a third party social network (e.g., Facebook or Twitter) (such person “Users”): In the event of a dispute regarding the identity of a User, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the User who submitted the entry. Users acknowledge that the third party social network sites (“Social Network Sites”) are not affiliated with the Station and, therefore, Station cannot control certain factors relating to such sites, including, without limitation, errors, cancellation of User accounts or technical malfunctions associated with any Social Network Site that may affect any entrant’s ability to enter, win, view, be advised of, be eligible for or be properly considered in a particular Station contest. Contest entry via Social Network Sites may be by one of the following means: (i) Users may be automatically entered in contests from time to time (e.g., all Followers of the applicable Station Twitter account or all Friends or Fans (as applicable) of the Station’s page on Facebook); (ii) User may be required to email the Station, listen to its radio station or visit the Station’s website to enter; (iii) all (or selected) users may be offered the opportunity to call the Station to win at announced days/times or upon the occurrence of certain on-air broadcasts (i. a song, series of songs, sounder or phrase); (iv) User may be required to post a comment or take other action to be entered (e.g., changing the User’s profile picture) with respect to User’s Social Network Site account; or (iv) other means of entry as announced by Station. With respect to any Station Facebook pages (if any), Station has no obligation whatsoever to “accept” (and reserves the right to freely reject, in its sole discretion in each specific instance) any particular Friend request and any such rejection by Station of a Friend request shall render the requestor ineligible to enter and/or win any contests that require being a “Friend” in order to participate.
- For all text message based entries: In case of an identity dispute, the registered user of the text message account on the date of entry will be the recognized user. Participants acknowledge that messages are distributed via third party mobile network providers and, therefore, Station cannot control certain factors relating to message delivery. Participants acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the message to the recipient successfully. Station does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. Station does not charge a fee for this service. It is each Participant’s responsibility to check with their individual carrier, as other charges may apply. BE ADVISED THAT IN SOME CASES, TEXTS TO THE STATION WILL RESULT IN ONE OR MORE AUTOMATIC BOUNCE BACK MESSAGES, FOR WHICH PARTICIPANTS MAY INCUR A FEE FROM THEIR PROVIDER. Station 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 Station. For texting contests, entrants will be asked to text specific information (as announced by Station) to a designated telephone line (the phone number will be given in the announcement) at a particular time or times. At the time that texts are solicited, the criteria for winning will be announced (e.g., first text message received with the correct answer). Only those text messages to the specific phone number provided, at the time texting is solicited, shall be eligible to win. Texting to the main Station phone number or any other phone number are not acceptable. Winners will be selected in accordance with the criteria announced when text messages are solicited. If the Station receives less than the requested number of text messages (e.g., only 9 text messages when the Station is looking for the 10th texter to win) within a reasonable period of time (as determined by Station in its sole discretion), Station reserves the right to re-conduct that contest at a later time or cancel that winning opportunity and not award the associated prize. For text contests that require entrants to answer questions or perform in some other manner, such contest will be judged by Station personnel, and the decision of the judges will be final as to all matters, including (i) the order in which text messages were received and (ii) whether any answer required to be given is correct or the “best” or most desirable.
- Song of the Day Type Contest: From time to time, Station may conduct one or more contests requiring people to listen to the Station for a particular song or combination of songs (“Song”). The day(s), time (or time ranges), song(s) to listen for and how to enter and win (which may be via call-in, text message or email) will be as announced, subject to other applicable provisions in this Section 9 that apply with respect to the specific mode of entry or winning. To be an eligible play of the contest, the Song played must be a full song aired on Station, not a song clip or hook or a portion of a song used in an intro, promotional announcement or advertisement that airs. The Station will start taking calls as soon as the designated song starts to play (or, in the event of combination of consecutive songs, as soon as the last song of the required combination starts to play). If the Song plays at any other time that day other than the designated contest day or hour or, if the announcement specifies that only the first play of the Song in a day is a contest play, after the Song has been played earlier that day, it will not be considered a winning opportunity and another prize will not be awarded. Only the Song as performed by the specific artist named in the announcement will qualify as a winning opportunity.
- j. Call-in, mail-in, entry box, social network, internet, texting and/or Club contests finalist will be required to be present at the grand prize drawing at a predetermined date and location that will be stated in the announcement.
- All qualifiers and/or finalists must be present at a station contesting event in order to continue participation in a contest, the following will apply:
- i. If check-in or registration at the event is required by Station, you must check in (or, in some cases, be in line to check in) at the closing time announce Eligibility to participate in the contest event may require that at check-in each timely arrived participant complete and sign one or more liability release agreements, provide his/her social security number, provide evidence of a valid United States federal or state photo ID (ie. driver’s license, passport or military ID) and/or other specific requirements announced. Failure to do any of the foregoing at check-in if required will result in automatic disqualification.
- ii. Participants hereby agree to strictly follow all instructions and directions given by the Station staff at the event and understand that any intentional failure to comply with the Station’s instruction, process, procedures or contest rules at the event may result in immediate disqualification (in Station’s sole discretion).
iii. Any decision by the Station Contest Administrator at such events will be final and not subject to appeal.
- l. For contests involving Station’s obligation to notify qualifiers or finalists or where there is a deadline for prize claims, if the Station did not have actual contact (in person or telephonic or by email) in which the necessary information was communicated to such qualifier/finalist/winner, then Station will only be required to leave one message at the telephone number or email to the email address provided in the entry form (if applicable) or provided at the time that the station collected the winner’s information (by phone, electronically or in person). If no answer or answering machine is reached, Station will not be obligated to attempt any further contact. For texting contests, Station will only be obligated to send one message to the winning text message telephone or, in Station’s election, to call the telephone number associated with the winning texter. For social network contests, Station will only be required to contact the winner via the social network account unless the entry provided a telephone number or email address in which case the Station will contact the winner via the information requested and provide However, Station reserves the right, in its sole discretion, to attempt to contact any qualifier/entrant/finalist/winner more than once and shall not be required to attempt to contact all qualifiers/entrants/finalists/winners an equal number of times or in the same communication manner. If no telephone number was provided and the Station has an address, the Station may elect to send one written notification letter by first class mail, time permitting.
- m. Any of the Station contests may require that one or more selected entrants listen for their name to be announced on-air as a potential winner. In such events: (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), (ii) call-ins will only be eligible to win if the specific telephone number announced is the one called within the designated time, and (iii) the call-in call must be received and answered by the Station within the exact period of time announce
- 10. In case of any identity dispute: (a) with respect to Club or email entries, the registered user of the email account on the date of entry will be the recognized user or Club member as set forth above in subsection 9(f), (b) with respect to Social Network Sites, the provisions of 9(g) above apply, and (c) with respect to Text Club or text entries, the provisions of 9(h) above apply.
- 11. Use of robotic, mechanical or other forms of pre-programmed internet, texting or phone call visit, voting or entry methods is NOT prohibited in Station contests; provided, however, that neither is any entrant or contest participant entitled to use any such automated mechanism Station is not obligated to monitor or disqualify any contest entry, votes or web hits in a contest on the basis of the use of such manipulation tools. Notwithstanding the foregoing, entrants are not entitled to use such manipulation tools and Station reserves the right (in its sole discretion), from time to time, to implement entry/voting processes that may frustrate or prohibit such automated entry or voting (including, without limitation, CAPTCHA, requiring Club membership log ins or contest/voting registrations, advance email address verification procedures, limit the number of entries/votes/web hits accepted/counted if they exceed a maximum number within a specified period of time as established by Station, and/or prohibit any further entries, votes or web traffic from a particular IP address during a particular contest, period of time or permanently) and/or, in the case where voting is not a determinative factor in a particular contest, take into consideration and discount the importance of results of any entry or entrant that Station suspects may have benefited from any such robotic or automated systems; provided, however, that no contestant in any contest may rely upon or insist upon Station’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa. Station also reserves the rights 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 and prohibited automated methods of voting, entry or website visits. Station’s implementation of any of the foregoing measures may occur before or during any particular contest and/or apply to all Station contests. In addition and for any reason or no reason, Station reserves the right at any time during any contest to implement a delay between subsequent votes, entries, web hits or website traffic from the same IP address, member, email address, and/or person and/or requiring that visitors refresh the page (the length of time of any such delay implemented by Station will be in Station’s sole discretion on a case by case basis and subject to change even during any particular contest but in no event will any such delay exceed 10 minutes between votes, entry or website visits). Station is not obligated to disclose the precise triggers it uses (i.e. maximum number or time periods tracked) to frustrate or prohibit automated entries or the precise amount of time of any delay implemented. Nothing in this Section 11 alters or overrides any requirement in any specific contest rules that may limit the number of entries or votes per person, email address, club, IP address, or Social Network Site account.
- 12. Except as otherwise set forth in specific contest rules or otherwise announced in connection with a specific contest, if voting (whether online or by text) is accepted in connection with a Contest: (a) voting is for entertainment purposes only and will not be the determining factor in selecting winners, but may (in Station’s sole discretion) be taken into consideration as one of many factors considered by Station in determining the winner, (b) contest eligibility requirements (including, without limitation, age and residency) are not applicable to determining whether or not a person may vote in a Station contest, and/or (c) in the event of text voting, Station 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 24 hours notice on Station’s website that such text voting will end early.
- 13. With respect to certain contests, Station may elect to post certain information not available to the general or listening public about ongoing contests on its website, Club member pages, or Social Network Site pages or may elect to communicate such information via email, sms, text message, or social network posting (i. Twitter) to a limited group of people (for example, twitter followers, facebook friends, or members of Station’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 Station may require that persons eligible to receive such extra information be members of certain Station Clubs or third party Social Network Sites. Station will have no obligation to make such information available to all potential contestants and Station 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 (for example, there will be no advantage in being the 10th caller, etc…).
- 16. In no event will any “deal-making” between participants be permitted. Station reserve the right to disqualify any person that it suspects has participated in or offered or accepted any type of “deal-making” with respect to any Station contest with other contestants or third parties.
- 17. Contestants may not violate any federal, state or local laws and may not harm or endanger themselves or other persons or property in connection with a contest. If Station deems that a contestant, participant or any winner may have created a public hazard, cheated, engaged in improper activity, caused interference with or destruction of property and/or utilized public safety resources, such contestant / winner may be disqualified in Station’s sole discretion.
- 18. Notwithstanding anything to the contrary in these rules, Station 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 Station 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 Station will have no liability or obligation to such entrant with respect to the disqualified entry.
- 19. Station reserves the right to (but not the obligation) to post some or all entry information and/or materials on the Station’s website, in whole or in an edited form (in Station’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 in the contest.
- 20. Notwithstanding anything to the contrary herein or stated on-air, no person will be entitled to receive any prize until after their eligibility has been confirmed or accepted by Station and all required paperwork (including, without limitation, liability release agreements) have been completed by the pending winner within the required deadline
- 21. All prizes awarded must be picked up at the Station’s studios at 1305 Carter Street, Chattanooga, TN 37402 during normal business hours of 8:30 a.m. to 5:30 p.m., Monday through Friday, unless otherwise specifically directed by Station. Prizes will not be mailed, unless otherwise determined by the Statio
- 22. Prizes not claimed within thirty (30) business days of being advised by Station that the prize is available for pick-up, or in the case of a time sensitive prize, within its period of usability, shall be considered forfeited (without notice to the winner) and will become property of Station. Such prize may be disposed of at the discretion of Station Management.
- 23. Prizes will be released to winners only. Winners are required to present a valid United States state or federal photo ID and valid social security number in order to pick up any priz Winners may be required, in Station’s sole discretion, to sign one or more liability release agreements relieving the Station, its parents, subsidiaries, officers, directors, members, managers, employees, agents and contest sponsors from any and all liability with respect to the contestant’s participation in the contest and the receipt and/or use of the prize. Any person who refuses to sign the Release and/or provide a social security number or complete or provide any other documents required by the Station by the deadline required by Station will forfeit any and all prizes.
- 24. Station reserves the right to substitute a prize of equal or greater value for all contests and giveaway Non-cash prizes are not redeemable for cash. No transfer or assignment of prizes is allowed, except as may be determined by Station in its sole and absolute discretion on a case by case basis.
- 25. Winners are prohibited from selling any prize awarded or any transferring any prize without Station’s authorization (which authorization must be in writing by a Station representative and shall be granted or withheld in Station’s sole discretion on a case by case basis). In the event that Station discovers or suspects (correctly or incorrectly) that a winner is attempting to sell his/her prize from Station (i.e., ebay, craigslist or otherwise), Station reserves the right, in its sole discretion, on a case by case basis to take any one or more 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 Station contests (whether for a fixed period of time or in perpetuity, in Station’s sole discretion) and if such winner ever wins a future Station contest during the period that he/she is banned, he/she shall be disqualified from the contest and forfeit any prize once it has come to Station’s attention. Further, Station reserves the right to track and/or cancel and invalidate any prize awarded that Station suspects was sold or transferred without authorizatio
- 26. 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 will be issued an IRS 1099 form for all prizes won from Station where the aggregate value of all prizes is $600 or more in any calendar year. In the event that a winner in this contest is under 18 years of age (if permitted by these contest rules or any specific contest rules), the parent or legal guardian will be deemed the actual winner of any prize and will be required to provide their social security number and will be subject to the provisions of this Section 26, not the chil
- 27. Specific restrictions regarding awarded prizes will be provided, if applicable, to the winn Unless restrictions delivered to a specific winner differ from the following, the following will apply generally to prizes awarded in Station contests:
(a) Any prize involving air travel will include only round-trip, coach-class air transportation from a commercial airport in the greater metropolitan area that the Station is located in.
(b) Any prize involving overnight accommodations will include only one room, double occupancy, room only, and neither incidental expenses nor ground transportation will be included. Sales and hotel taxes associated with the hotel stay will only be included if specifically noted by Station as included with respect to that particular contest/prize. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses. (c) Any prize involving travel (overnight accommodations, flight, motor coach, and/or rail etc…) may require that the winner and/or the winner’s guest(s) be over 18 or over 21. Guests may be required to sign one or more liability release agreements before being authorized by Station or its sponsor to be allowed to participate as winner’s guest on a trip.
(d) Any prize involving travel (overnight accommodations, flight, motor coach, and/or rail etc.) is based on availability and subject to additional restrictions including blackouts, peak period restrictions and expiration dates imposed by Station, sponsors and/or agents participating in the contest. These restrictions are not subject to negotiation. In addition, such winners/guests are solely responsible for obtaining any international travel documents, visas or passports required. Reservations are non-transferable and once booked and confirmed may not be re-scheduled. (e) With respect to travel, event tickets and/or events of any kind, Station 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 Station 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, Station is not responsible for any work stoppage that may affect Station’s ability to provide any of the prizes. Station is not responsible for any expenses incurred by contest winners as a result of such cancellations or delays.
(f) Any prize that provides an opportunity to meet with, participate in an activity with, interview or have similar interaction with any celebrity (other than employees of Station) is contingent upon the celebrity appearing for such activity/event, which is beyond the Station’s control. Station is not responsible if a winner and/or his/her guests are unable to meet such celebrity or participate in the associated activity if the celebrity determines this is not allowable for any reason or fails to appear/participate for any reason. In the event of illness, act of god, scheduling conflict or any other reason, Station is not responsible for this portion of the prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Station elects (in its sole discretion) to attempt to reschedule any such event/activity or offer an alternative prize, Station shall have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by winner for any reason whatsoever.
(g) Any prize that is awarded in the form of a gift certificate may have an expiration date and use of such certificate may be based on availability and include black-out periods, restrictions or excluded items (for example, tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified. (h) Any prize involving the award of cash will be paid in the form of a company check, payable only to the winner and no other person. Checks will be ready for pick-up within 60 business days after winning.
(i) In all instances in which winner has the right to select specific products, the choice or products offered may be limited by the Sponsor or certain specific products or manufacturers may be excluded. Winner will receive more information on such restrictions and limitations after they have been awarded the prize.
- 28. Odds of winning depend on the how the contest is conducte For random drawings, the odds of winning will depend upon number of entries received. For contests in which winners are qualified for a grand prize drawing, odds will depend on the total number of qualifiers.
- 29. All tie breaking procedures will be announced on-air, posted on Station’s website, and/or communicated in writing or by email to tied contest participants.
- 30. In the event that any winner, qualifier or finalist is disqualified in a contest for any reason permitted by the applicable contest rules at any point in time (before or after a winner is determined), Station shall NOT be obligated to select an alternative winner/qualifier/finalist and may instead elect to retain any associated prize(s) as its own property and/or dispose of any such prize(s) in any way it sees fit outside of (or within) the scope of the contest.
- 31. Inquiries by contestants or potential contestants to any employee of the Station (whether in person, by email, or by telephone) regarding the status of their entry or questions about a Contest may or may not be responded to and Station is not obligated to respond or treat to all inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact a Stations’ desire or ability to respond to such inquiries from time to time. Notwithstanding anything communicated by any Station employee in connection with any such inquiry, such information shall not be binding on Station (the sole determining information related to this Contest is as set forth in the applicable contest rules) and shall not be deemed to be providing any type of improper assistance or advantage to any particular contestant over another. Any attempt by Stations to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problem
- 32. Station Management shall be the sole arbiters in all matters relating to the contest and in the interpretation of contest rul Their decisions shall be final. Entry into the contests constitutes agreement by contestants to abide by these rules, as well as any other rules established by Station.
- 33. In the event that any entrant or entry is disqualified or any prize is forfeited in accordance with the applicable contest rules, Station and sponsors have no obligation whatsoever to notify any such entrant of any such disqualification or forfeitur
- 34. By participating in a Station contest, entrants hereby agree and each entrant hereby remises, releases and forever discharges and agrees to indemnify and hold harmless Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event 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 Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event.
- 35. By entering a Station contest, entrants understand that Station staff may choose to comment on, mock, poke fun at, and/or mimic any entrant’s entry and/or performance. Entrants waive any right to make any claim against Station or any contest sponsors with respect to any comments – disparaging or otherwise – made regarding such entrant and/or his/her entry, entry materials, performance, voice, appearance, participation and/or any other information provided or disclosed to Station during the course of a contest.
- 36. By participating in a Station contest, entrants hereby consent to the Station and contest sponsors’ usage of any one or more of the following for on-air broadcast and for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: contestant’s name; voice; likeness; biographical information; his/her participation in the contest; and the substance of the contestant’s telephone call, entry form, essays, songs, videos, photos or any other contest submission By entering or participating in any Station contest, entrants understand and agree that Station may take photographs and/or videotape and/or audiotape any entrants participation, appearance and/or performance in connection with any Station contest (before, during or after the contest) and that Station will own any such photos, audio and/or video and shall be free to utilize such materials in any way it sees fit during or after the contest with no compensation to the entrants, including without limitation posting any such photographs, audio and/or videos on its website.
- 37. Station and its sponsors are not responsible for any technical difficulties, technical malfunctions or errors (whether technical or typographical) experienced due to overload, busy signals, loss of phone service, internet availability, electronic problems, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of any of the websites, computer virus, bug, complications or server performance suspected to be caused by automated entry, voting or web traffic, or other errors or corruptions of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of information or the failure to capture, or loss of, any such information or any other factor that may prevent an individual from completing or Station from receiving (accurately or otherwise) a phone call, an email, accessing any website (including the Stations or any third party website), or for any problem associated with the Station website or voting website or software, internet, telephone connections, servers, routers, or any other technical problem that may impact entry, participation, voting or prize claim in any way, regardless of the cause, including, without limitation, any injury or damage to any person’s computer, equipment, property, software or network related to or resulting from participating in a Station contest or visiting its websites (whether as an entrant, visitor or voter). Station and its sponsors assume no responsibility for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in a Station Contest. Station is not responsible for any printing errors or typographical errors. If, for any reason, in the sole opinion of Station, any contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, technical slow- downs, or any other causes, whether discovered or suspected by Station, which, in sole opinion of the Station, does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of a Contest, Station reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the affected contests and/or the voting portion of any Contests with or without selecting qualifiers, finalists or winners, and/or provide alternative means of entry or voting or any other changes to these contest rules that Station deems appropriate under the circumstances In the event of termination, suspension or modification of a contest, a notice will be posted online.
- 38. Station and Sponsors reserve the right to prohibit the participation of an individual from any or all Station contests if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in the applicable Contest rules (including, without limitation, use of automated entry or voting mechanisms). INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS AND STATION RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
- 41. Complete contest rules are available at the Station studios at 1305 Carter Street, Chattanooga, TN 37402 during normal business hours of 8:30 a.m. to 5:30 p.m., Monday through Friday or go online at www.station.com.
- 42. Station contests are subject to all applicable laws and regulations and are void where prohibited.
- 43. Station reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) alter or amend these Contest rules at any time; and (iii) stop or conclude the Contest at any time without prior noti Material changes to the contest rules will be broadcast on-air, when practical.
- 44. Winner’s List: For a list of winners mail a self-addressed stamped envelope to the Station address identifying the name of the particular contest that you would like to receive a winner’s list for. The Station address is 1305 Carter Street, Chattanooga, TN 37402. All requests for winner lists must be mailed and received by the Station after the contest is over but prior to 4 months after the contest has been concluded.
- 45. These are general contest rules, and rules for individual contests may vary. To the extent that any specific contest rules differ from these rules, the specific contest rules will govern and control.