K-EARTH 101’s Say it and Win
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 Say it and Win promotion (the “Promotion”), which is being conducted by KRTH-FM (the “Station”). The Promotion begins on September 19, 2016 and ends on November 4, 2016 (the “Promotion Dates”).
b. To enter the Promotion, entrant may enter on-air beginning on September 19, 2016 at 9:10am Pacific Time (“PT”) and ending on November 4, 2016 at 4:10pm PT (the “Entry Period”) as follows:
i. To enter, on-air, listen to the Station each weekday beginning on September 19, 2016 and ending on November 4, 2016 at approximately 9:10am PT and 4:10pm PT for the announcement of the cue to call. Upon hearing the cue to call, the designated 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 (5784) will get the opportunity to win a prize by playing Say it and Win (the “Game”) upon confirmation of eligibility. To play the Game, the caller will have ten (10) seconds to say “K-EARTH 101” as many times as they can. Each time the caller completely states “K-EARTH 101,” he/she will be awarded one hundred dollars ($100). The on-air personality will instruct the caller when they may start and will also be the judge of how many times the caller successfully said K-EARTH 101 completely in the allotted time. The on-air personality may consult with another witness inside the studio to help determine the number of times “K-EARTH 101” was completely said. The on-air personality reserves the right to stop the Game at any time and make the caller start over with a new set of ten (10) seconds for any reason including, but not limited to, the caller saying the phrase incorrectly. The on-air personality is not at any time required to allow the caller to restart their ten (10) second limit. At the time of entrant’s call, entrant will be required to provide all information requested including entrant’s full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. P.O. Boxes are not permitted. In the event that the selected caller is disconnected or is found to be ineligible, the next eligible caller who successfully makes it through on the call-in line and completes the call will play the Game. There is no limit to the number of times a listener may attempt to call in to play the Game, but only one (1) person per household may play the Game during the Promotion Dates.
c. There will be up to a total of seventy (70) winners in the Promotion.
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 one of the following Southern California counties: Los Angeles, Orange, Ventura, San Bernardino or Riverside. 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. The Promotion is open to all entrants regardless of when they last won a Station-conducted promotion. If a person wins a prize in this Promotion, the following winning restrictions will then be triggered: Listeners are eligible to win a prize in a Promotion conducted by the Station only once every thirty (30) days. 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 (1) year from the date the prize is won until he or she is eligible to win another prize. Entrants who have been previously disqualified from entering CBS Radio promotions are ineligible to participate in this Promotion.
c. The winner may be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize.
d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. Up to seventy (70) prizes will be awarded. Each prize consists of one hundred dollars ($100) times the number of instances that the winner completely stated “K-EARTH 101” during the Game. (Example: If a caller completely stated “K-EARTH 101” twelve (12) times in ten (10) seconds, they will win twelve hundred dollars ($1,200).) The value of the prizes will vary for each winner. The winner(s) 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(s). Cash prizes will be awarded in the form of a check issued by CBS Radio which will be mailed to the winner(s). Check will not be awarded, processed or mailed until winner(s) has claimed the prize at the Station, presented all required documentation, and signed all required releases and tax forms. Check will be mailed approximately between ten (10) and fourteen (14) weeks after the Station receives all required paperwork back from the winner(s). . 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).
b. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours. The winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within thirty (30) days of winning. In the event that a prize or prize certificate 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 prize certificate(s).
c. Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. Up to seventy (70) winners will be selected in the Promotion as described in Section 1 of these Official Rules. Up to two (2) winners will be selected each weekday during the Promotion Dates, one (1) at approximately 9:10am PT and one (1) at approximately 4:10pm PT.
c. Odds of playing Say it and Win depend upon the number and order of calls received.
d. Prize winners must listen to the Station to win but need not be present to win.
e. Potential prize winner(s) will be notified at the time of their winning call. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. Check prizes will be issued within ten (10) and fourteen (14) weeks following confirmation of eligibility and completion of all requisite releases and IRS forms. The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release within thirty (30) days of winning or prize(s) will be forfeited and an alternate winner will not be selected. 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 November 4, 2016 to “Say it and Win – Official Rules,” Attn: KRTH Promotions, 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 4, 2017 to the above address marked “Say it and Win – 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 5670 Wilshire Blvd. Suite 200, Los Angeles, CA 90036