K-EARTH 101’s Beat The Pump
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 Beat The Pump promotion (the “Promotion”), which is being conducted by KRTH-FM (the “Station”). The Promotion begins on December 30, 2013 and ends on December 26, 2014 (the “Promotion Dates”). The Station reserves the right to terminate the Promotion prior to Friday, December 26, 2014 and also reserves the right not to run the Promotion on any given day.
b. To participate in the Promotion, you must listen to KRTH FM each week day from Monday, December 30, 2013 through Friday, December 26, 2014 between the hours of 6:00am-10:00am PT for the announcement of the cue to call. Upon hearing the cue to call, the designated number caller (as announced by the on-air personality prior to the cue to call) to get through to the Station contest line at 1-800-232-KRTH will be able to play BEAT THE PUMP. The Contestant must listen to a pre-recorded tape. This recording will announce various amounts of gallons of gas. The contestant must say “Stop” before the pump sound effect (losing sound effect) goes off. The next prize recorded on the tape after the winner says “Stop” is what they win upon confirmation of eligibility. If there is a question as to when “Stop” was said, the Station shall determine in its sole discretion at what point during the tape playback “Stop” was said and the Station further reserves the right to reverse the decision made on air by the morning show host if it is determined that there was an error. At the time of their call, callers will be required to provide all information requested including their full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. In the event that the selected caller is disconnected or is found to be ineligible, the next eligible caller that successfully makes it through on the call-in line and completes their call will be a winner.
c. 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. There will be up to a total of five (5) winners per week, selected on-air during the Promotion dates. The Station is not responsible for telephone service outages, delays, busy signals, equipment malfunctions and any other technological difficulties that may prevent an individual from completing his/her telephone call.
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 Los Angeles Metropolitan area (Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties). 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 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 Beat the Pump promotion conducted by the Station once per contest period (BEAT THE PUMP runs the whole year). Listeners are eligible to win a prize(s) in a Station-conducted Promotion only once every thirty (30) days regardless of prize value. If a prize is valued at $600 to $999.99, then the prize winner will not be eligible to win prize for sixty (60) days. If a prize is valued at $1,000 or more, the prize winner is not eligible to win a prize for one (1) year from the date won
c. The winner must provide valid government-issued photo identification, proof of full Social Security Number, submit an IRS Form W-9 with the winner’s full Social Security Number, and provide their 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 Five (5) gas prizes will be awarded per week (except during special or holiday programming) in the Promotion. Number of prizes awarded will vary depending on the performance of participants. Each prize consists of number of gallons the participants win. Example: if a participant says “Stop” on the (0) gallons of gas in the promotion they lose and no prize will be awarded, but if a winner says “Stop” on 100 gallons of gas in the promotion they win 100 gallons. The maximum amount of gallons won is 101 and the minimum amount of gallons won is 0.
The Approximate Retail Value (“ARV”) of the prize is based on the weekly average price of gas from American Automobile Association (“AAA’s”) Fuel Gauge Report [Located at: http://www.fuelgaugereport.com]. The winners 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 Station accepts no responsibility for repairing any real or supposed damage to any prize.
b. The prizes will be awarded in the form of a CBS check. Process of the check will begin when all paperwork is filled out and all the correct documents are in house. Prize checks will be mailed to the winners address provided W9 form. In the event that the W9 address is invalid, the secondary source of mailing address will be used (winner’s valid photo ID). The check can take 10-14 weeks to be received. The Station is not responsible for the safe arrival of a prize or prize certificate.
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 five (5) winners will be selected per week on-air as described in Section 1 of these Official Rules. The final winner will be determined on December 26, 2014.
c. Odds of winning depend on the number and order of calls received.
d. Winners need not be present to win but must listen to the Station to win.
e. The winners will be contacted after 10:00am PT on the day that they win to determine eligibility. The winners must execute and return any required affidavit of eligibility and/or liability/publicity release within thirty (30) days of winning or prize will be forfeited and an alternate winner may be selected. If a potential winner cannot be contacted, fails to sign and return the required 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 Dec. 26, 2014 to “K-EARTH 101’s Beat The Pump– Official Rules,” Attn: Promotions, KRTH-FM 5670 Wilshire Blvd. Suite 200 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 26, 2015. to the above address marked “K-EARTH 101’s Beat The Pump– 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.
Administrator/Sponsor: K-EARTH 101 KRTH FM 5670 Wilshire Blvd. Suite 200, Los Angeles, CA 90036