The following promotion is intended for participants in the United States only, and will be governed by United States laws. Do not proceed in this promotion if you are not eligible or not currently located in the United States. Further eligibility restrictions are contained in the official rules below.
K-EARTH 101’s You and Who Sweepstakes
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 K-EARTH 101’s You and Who Sweepstakes (the “Promotion”), which is being conducted by KRTH-FM (the “Station”). The Promotion begins on May 31, 2016 and ends on July 29, 2016.
b. To enter the Promotion, entrant may enter online and/or social media beginning on May 31, 2016 at 6:00am Pacific Time (“PT”) and ending on July 27, 2016 at 11:59pm PT (the “Entry Period”) as follows:
c. For online entries, limit one (1) entry per person per day during the Entry Period. For entries via Facebook, Instagram, or Twitter, you may enter as often as you wish. Twitter users should not send the same or nearly identical tweets repeatedly. Instagram users may not upload the same Photo Submission multiple times. If you participate via your mobile device, message and data rates may apply.
d. Each Photo Entry must be the entrants’ original, creative work, and each entrant must have the right to submit it and be the copyright holder of it. Each Photo Entry, Tweet or post (i) may not be inappropriate, indecent, offensive, libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized, or disparaging to the Station or its sponsors as determined solely by the Station; (ii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined solely by the Station; (iii) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (iv) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights; (v) may not contain commercial advertising, including but not limited to logos, brand names, and slogans, other than those relating to the Station or Promotion; (vi) may not include any viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code or content that may harm or interfere with the Promotion website, any third party websites and/or the proper conduct of the Promotion; and (vii) if found to be in violation of these rules will be disqualified from the Promotion. Further, by participating in the Promotion, entrant grants to the Station a perpetual, royalty-free license to use and publish entrant’s Photo Entry in connection with the Promotion and for marketing and promotional purposes in any media now existing or hereafter created, including, but not limited to print advertising, internet, broadcast, and any and all other media without any notification, opportunity to review, right of approval, or additional consideration whatsoever. Entries that do not comply with these rules may not be eligible.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are legal U.S. residents eighteen (18) years of age or older and who reside in Los Angeles and Orange Counties, California only. 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. This promotion will be open to all previous Station winners as well. Previously established prize value eligibility restrictions will not apply to this Promotion. Entrants who have been previously disqualified from entering CBS Radio promotions are ineligible to participate in this Promotion.
c. The winner and the winner’s designee, as described below, may be required to present valid government-issued photo identification and must 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. One (1) prize: the prize consists of two (2) slightly used 2016 BMW 320i vehicles Sponsored by McKenna South Bay BMW (one (1) vehicle to be awarded to the prize winner and one (1) vehicle to be awarded to the prize winner’s designee). The Station reserves the right to drive and operate the vehicles as promotional vehicles until such time they are transferred to the winner and the winner’s designee on or after July of 2016. The Approximate Retail Value (“ARV”) of each prize vehicle shall not exceed $36,850. (The approximate MSRP for each vehicle is $36,850. Actual value of each prize vehicle shall be based on the fair market value of the vehicles (i.e., Kelley Blue Book or comparable methodology selected solely at the discretion of the Station) at the time(s) the vehicles are conveyed to the winner and winner’s designee.) The winner and the winner’s designee shall each be solely responsible for any and all applicable taxes, including sales tax, as well as title, plate fees, registration and documentation fees, insurance (proof of which must be shown prior to taking possession of vehicles), dealer preparation fees and destination charges (if any), operating and maintenance expenses and any other fees and expenses not specified herein associated with the receipt and use of the prize vehicles. The vehicles are Mineral Grey Metallic in color, and the selection of vehicle options and equipment will be determined by Station in its sole discretion. Winner or winner’s designee must take possession of vehicle at a dealership or location designated by the Station within the latter of ten (10) days of winning, designation (as described below), and completion and return of all requisite paperwork or when the vehicles are made available for transfer by the Station. If required by law, winner and winner’s designee must have a valid U.S. driver’s license and proof of insurance to take delivery. Vehicle awarded may differ from any vehicle shown in Promotion materials. The prize is provided as is. Neither the Promotion Entities nor the dealer/retailer have made or are responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the prize, including without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply for a used vehicle.
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.
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 winner’s or winner’s designee’s 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. Odds of winning a Prize depends upon the number of entries received.
c. Five (5) finalists will be selected in random drawings of all entries by third party data collecting companies (Triton and Offerpop) selected by the Station on July 27, 2016 on or after 11:59pm PT.
d. The Five (5) finalists will be notified to confirm their eligibility in this promotion. Finalists will be contacted by telephone or via social media depending on the entry method on or after July 27, 2016. If the finalist entry is an online or Facebook entry, the Station will notify them by phone. If the finalist entry originated from Twitter or Instagram, the finalist will be contacted via direct message through the same application and given instructions to contact the Station via direct message. (The potential prize winner may be required to follow the Station to receive the direct message.) If any finalist notification remains unanswered within 90 minutes the prize will be deemed forfeited and another qualifier will be selected as a replacement. The original finalist will no longer be included in any consecutive drawing(s).
e. Prize winner need not listen to the Station to win. Prize winner must be present to accept delivery of the prize on July 28, 2016 and/or July 29, 2016.
e. On July 28, 2016 (any time between 5:00pm and 9:00pm PT) or alternately on July 29, 2016 (any time between 5:00am and 9:00am PT), the K-EARTH 101 Morning show and K-EARTH 101 staff will select one (1) potential prize winner from the verified finalists in a random drawing and present the YOU & WHO vehicles at the winner’s designated address in Los Angeles or Orange County, California.
f. Prize will be awarded only upon confirmation of eligibility and completion of all requisite releases and requisite dealer paperwork. The winner must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of initial attempted notification of winning or prize(s) will be forfeited and an alternate winner will be selected from remaining eligible entries. At the time of execution of the affidavit of eligibility and/or liability/publicity release, the prize winner must identify and provide the valid contact information of one (1) friend or family member designee who will be awarded the second prize vehicle. The winner’s designee must be a legal U.S. resident eighteen (18) years of age or older but may reside anywhere in the U.S. The winner’s designee will then be contacted by the station and must execute and return a prize liability/publicity release within ten (10) days of initial attempted notification or the second prize vehicle will be forfeited and the process repeated. If the winner’s designee declines the prize or forfeits for any reason, the prize winner may select another designee for the second prize vehicle. Both the winner and the winner’s designee are solely responsible for traveling to Los Angeles to claim the prize vehicle(s).
g. If a winner (or winner’s designee) has not reached the age of majority in his/her state of residence, the prize will be awarded in the name of his/her parent or legal guardian. If a potential winner (or winner’s designee) 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 (or winner’s designee) forfeits the prize(s).
h. Upon the respective verification of eligibility of the prize winner (or winner’s designee) and completion and return of all requisite paperwork as set forth above, one (1) prize vehicle will be conveyed directly to the prize winner and one (1) prize vehicle will be conveyed directly to the prize winner’s designee within the latter of ten (10) days of winning or designation or when the vehicles are made available for transfer by the Station. The winner and the winner’s designee shall each be solely responsible for all taxes and expenses related to their respective prize vehicles.
a. Payments of all federal, state and local taxes are solely and separately the responsibilities of the winner and the winner’s designee. The winner and the winner’s designee will each be required to complete and submit an IRS Form W-9 with their full Social Security Number or the equivalent for receipt of any prize(s). Failure to submit a complete IRS Form 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, winner’s, and winner’s designee’s permission for the Station or its designees to interview the winner(s) or winner’s designee, to photograph, film and record the winner or winner’s designee, and to use in commerce and in any media, now or hereafter known, throughout the world, in perpetuity, their name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by them 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. The winner and the winner’s designee 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 or winner’s designee’s 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, sweepstakes notification and/or entering service sites 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 July 27, 2016 to “K-EARTH 101’s You and Who Sweepstakes – 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 September 27, 2016 to the above address marked “K-EARTH 101’s You and Who Sweepstakes – 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: K-EARTH 101 FM, 5670 Wilshire Blvd., Suite 200, Los Angeles, CA 90036.
Sponsors: K-EARTH 101 FM, 5670 Wilshire Blvd., Suite 200, Los Angeles, CA 90036 and McKenna South Bay BMW, 18800 Hawthorne Blvd, Torrance, CA 90504.
The Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter.