Contest Rules

WKKO/WXKR/WQQO/WMIM/WRQN/WTOD/WQQO-HD2 “Family Florida Flyaway” Contest
Official Rules

A complete copy of these rules can be obtained at the offices of radio station WKKO/WXKR/WQQO/WMIM/WRQN/WTOD/WQQO-HD2 (“Station”), owned and operated by Cumulus Media Holdings Inc. or one of its subsidiary companies, 3225 Arlington Ave, Toledo, OH, 43614, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.

The Station will conduct the WKKO/WXKR/WQQO/WMIM/WRQN/WTOD/WQQO-HD2 “Family Florida Flyaway” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:

 

  1. No purchase is necessary to enter or win. A purchase will not increase your chance of winning.   Void where prohibited.  All federal, state, and local regulations apply.

Eligibility.  This Contest is open only to legal U.S. residents, excluding Florida and New York residents, age Twenty-One (21) at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, who have not won a prize from the Station in the last 90 days or a prize valued at $500 or more in the last 180 days, and whose immediate family members or household members have not won a prize from the Station in the last 90 days or a prize valued at $500 or more in the last 180 days.   Void where prohibited by law.  Employees of Cumulus Media Holdings Inc., its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren.  The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

  1. Contest Period. The Contest will begin at 12:01am ET on May 28, 2018 and will run through 11:59pm ET on June, 24 2018 (the “Contest Period”).  The Station’s computer is the official time keeping device for this Contest.
  2. How to Enter. To enter:
  • Online: Visit the Station’s website 1065theticket.com or www.talkradio1007.com during the Contest Period, click on the “Contest” link, click on the “Family Florida Flyaway” Contest link, and complete an entry form. All entries must be received by 11:59 pm ET on June 24, 2018 to be eligible for the Grand Prize drawing.  Limit one (1) entry per person per day per email address.  Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry per day by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification. Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected registrations, all of which will be disqualified.  In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Station and will not be returned.  Station reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.  No mail-in entries will be accepted.
  • TextSend a text message with the keyword that is announced on the stations on WKKO-FM, WXKR-FM, WQQO-FM, WMIM-FM, at the top of the hour weekdays at or around 6:00 a.m., 7:00 a.m., 8:00 a.m. , 9:00 a.m., 10:00 a.m., 11:00 a.m., 12:00 p.m., 1:00 p.m., 2:00 p.m., 3:00 p.m., 4:00 p.m.., 5:00 p.m., 6:00 p.m., and 7:00 p.m. EST to the short code number 64636 Monday thru Friday during the Contest Period.  All entries must be received by 11:59 pm ET on June 24, 2018 to be eligible for the Grand Prize drawing.  Standard text messaging rates, as established by an individual’s wireless carrier, may apply, and Station assumes no responsibility for any fees or charges incurred for and associated with any text message sent to or from Station.  Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant.  Limit One (1) Entry per person/telephone number per keyword given.  Entrants can enter again at the next hour’s keyword. Multiple participants are not permitted to share the same telephone number. Any attempt by any participant to submit more than one (1) entry by using multiple/different telephone phone numbers, identities, or any other methods will void that participant from further participation in the Contest
  • On Location: Visit Shay’s Carpet and Home Interiors located at 1122 North Holland Sylvania Rd, Toledo, OH, 43615 and fill out an entry form where The Contest is advertised at. No purchase is necessary at the location to enter. Entrants have until June 22, 2018 at 5pm to enter.

            Additional Details Regarding Entering the Contest

    1. May Announce Only Once or More Than Once.  A Participating Station may, but is not obligated to, announce a particular Secret Keyword more than once; provided however, the number of times in which any Participating Station may announce a Secret Keyword in any Contest Round may vary by individual Participating Station(s) and/or by subsequent Contest Round.
    2. May Spell the Secret Keyword.  A Participating Station may, but is not obligated to, spell out the correct spelling of a Secret Keyword once or more than once; provided however, should a Participating Station choose to spell out a Secret Keyword during a particular Contest Round such Participating Station may vary whether or not it spells a Secret Keyword during any subsequent Contest Round.          
    3. Time Delay Between Over-the-Air Analog Signal and Internet Broadcast: Due to the time delay that exists between a Participating Station’s analog over-the-air signal and a Participating Station’s online internet based stream or app, listeners who listen to a Participating Station online or via an app may hear the Secret Keyword cue to enter later than listeners listening to a Participating Station’s analog over-the-air signal. As a result, the odds of an online listener winning a prize in this Contest may be diminished.
    4. Bounceback Text Message.  Participants may receive a bounce back text message (a response due to Participant participating) from Station with confirmation of Contest Round entry or letting the participant know they were not entered due to untimely or an incorrect entry, but will receive no additional offers, information or message content. Texts to the short code or an incorrect short code may result in one or more automatic bounce back messages, for which participants may incur a fee from his/her provider.
    5. Complete and Timely Submitted Information.  Entries must contain ALL information requested, must be timely submitted, and must comply with all Content submission requirements set forth herein to be valid.  By participating in the Contest, participants agree that the Station may contact them via telephone at the number provided during registration or by text message, at the telephone number from which the text message entry was received. 
  1. Winner Selection. On or about 10:00 am ET on June 25, 2018, Station will select one (1) entry from all the online entrants, texting entrants, and on site entrants for the Grand Prize in a random drawing from among all valid entries received by Station during the Contest Period.  The winning entrant will be contacted using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
  2. Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner may be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable.  A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.    

 

  1. Grand Prize. One (1) Grand Prize will be awarded in this Contest.  The Grand Prize is four roundtrip tickets on Allegiant Airlines Toledo from Toledo Express Airport to the winners choice of a trip to Orlando Sanford, Florida; Ft. Myers – Punta Gorda, Florida; or St. Pete – Clearwater, Florida . ARV $1,000.00. Winner is to choose three (3) dates between June 24, 2018, and November 15, 2018 to fly. Preferred dates must be sent to Toledo-Lucas County Port Authority representative at contest@toledoport.org by August 31, 2018. The dates will be booked by Port Authority staff based on availability. The winner will be required to sign legal documentation before the travel can be scheduled.  The Port Authority retains the right in its sole discretion to make substitutions of equivalent kind or approximate value in the event of the unavailability of travel dates for any reason. There is no cash alternative and the tickets must be taken as offered.  Furthermore, the Port Authority is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets due to such cancellations or delays. Combined total value of both vouchers not to exceed $1,000. Auction winner will be issued a tax form 1099 for any prize that exceeds $599 in value. The winner shall schedule a day and time to pick up their tickets from the Port Authority downtown office located on the 7th floor of One Maritime Plaza, Toledo, OH.  Winner is responsible for all ground transportation to and from the airport, checked baggage, assigned seats, costs and expenses associated with overnight accommodations as may be necessary and as determined by the Winner in his/her discretion, and taxes associated with prize receipt and/or use. Winner must be 21 years old or older. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winner and guest must travel on the same itinerary. Grand Prize Trip is non-transferable and no substitution will be made except as provided herein at the Station’s sole discretion.

 

 

  1. Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Cumulus Media Inc., and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
  2. Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
  3. All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner.  All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
  4. General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  5. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
  6. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
  7. Entrant’s Personal Information. Information collected from entrants is subject to Station’s Privacy Policy, which is available on the Station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained therein, shall become the sole property of Station to be used, disposed of or destroyed in its sole discretion. Station is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to Station’s website.
  8. Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.

 

 

CONTEST SPONSOR: Cumulus Media Holdings Inc., 3225 Arlington Ave, Toledo, OH, 43614; Toledo-Lucas County Port Authority, 1 Maritime Plaza #7, Toledo, OH, 43604, Allegiant Airlines, 1201 N Town Center Dr, Ste 100, Las Vegas Nevada, 89144; Shay’s Carpet and Home Interiors 1122 North Holland-Sylvania, Toledo, OH, 43615


BATTLE OF THE BANDS 2018 OFFICIAL RULES

 

Sponsor will conduct the BATTLE OF THE BANDS COMPETITION (the “Competition”) substantially as

described in these Official Rules, and by participating, each participant agrees as follows:

NO PURCHASE IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE

YOUR CHANCES OF WINNING.

 

  1. COMPETITION PERIOD AND DEADLINES: The Competition will begin at 12:00 AM EST on May

14th, 2018 and conclude at 12:00 AM EST on May 27, 2018. This Competition will consist of the following: (A) Submission Period, (B) Audition Period, (C) Finale

  1. Submission Period. The submission period will begin on May 14th, 2018 at 12:00 AM and end on May

27, 2018 at 11:59 PM.

  1. Audition Period. During this period the top fifteen (15) submissions will have an opportunity to

showcase their talent on the Hollywood Casino Toledo stage. Auditions will be held June 7th, 14th & 21st

from 7 PM to 9 PM. Bands will have the opportunity to play for the judges. The panel of judges will make

a decision on who advances after all performances.

  1. Finale at Hollywood Casino Toledo. The top three (3) bands each week and two (2) additional wild

card spots (chosen by top highest scores) will have the opportunity to play for the judges one final time.

The panel of judges will make a decision on the winner after all five performances. Finale will be held

June 28th from 7 PM to 9 PM.

 

  1. ELIGIBILITY: This Competition is open only to bands with two or more members (each an “Entrant”) in which all of the Band members individually satisfy each of the eligibility requirements set forth below. In the event any Band member is ineligible or disqualified for any reason, a replacement must be provided within twenty-four hours and approved to be deemed acceptable.
  2. Be a U.S. citizen or a permanent legal U.S. resident who is eligible to work full-time in the United States.
  3. All band members must be at least 21 years old.
  4. Entrant cannot be an employee of its parent company Cumulus Media Inc. or any of its subsidiary companies, the Stations, their respective advertising or promotion agencies, nor be an immediate family member or household member of any such employee or of a Competition judge. The term “immediate family member” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household member” refers to people who share the same residence at least three (3) months out of the year. Sponsor reserves the right to remove from the Competition any person

whom Sponsor determines, in Sponsor’s sole discretion, is sufficiently connected with the Competition

or any of the entities described above if such person’s participation in the Competition could create the appearance of impropriety. Conversely, Sponsor reserves the right to allow any person to remain part

of the Competition who may have a connection with the Competition or any of the entities described in this paragraph if, in Sponsor’s sole discretion, Sponsor determines that such person’s involvement in the Competition does not and will not affect the integrity of the Competition.

  1. Be able to demonstrate to Sponsor’s satisfaction that the Entrant does not have any agreements in effect (written or oral) during the Competition Period. Any other contractual arrangement that would prohibit an Entrant from fully participating in the Competition, or entering into any contracts required by Sponsor, including a talent contract. The Competition is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Competition. Winning is contingent upon fulfilling all requirements set forth herein.

 

  1. HOW TO ENTER: To enter the Competition, the “Entrant” must complete the registration process on the radio station websites to complete entry and registration.
  2. Bands must identify one (1) Band member (21 years of age or older) on the Registration Form as

the Band’s Administrator.

  1. Review the Official Rules.

Limit one (1) Registration Form/Competition Profile per Entrant. Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to submit more than one (1) Registration

Form/Competition Profile using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Registration Form/Competition Profile and the Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

  1. By submitting the Registration Form, Entrant acknowledges and agrees that Entrant is creating a user ID/password with the Competition Website and will be required to participate in Competition activities through the Competition Website. All Registration Materials provided by Entrant to the Competition Website and Competition Profile will be displayed and maintained on the Competition Website for public viewing. All such Registration Materials will be retained by Sponsor and not returned to Entrants.
  2. All Registration Forms must be submitted no later than 11:59 PM on May 27th, 2018.

 

  1. AUDITION VOTING PERIOD. The Audition Voting Period will be June 7th 14th, & 21st from 7 PM to 9 PM.

The top fifteen (15) submissions will have the opportunity to perform at the Hollywood Casino Toledo on the dates mentioned above. If Entrant does not perform on the date assigned Entrant will be disqualified from the Competition. Backline will be provided by the sponsor; Entrants are required to use standard backline provided.

 

  1. FINALE: The finale will be June 28th beginning at 7 PM, the top five (5) Entrants will have the opportunity to play one last time before one Entrant is chosen to be Battle of the Bands champion.

 

  1. SELECTION AND VERIFICATION OF POTENTIAL WINNER: At the conclusion of the Battle of the

Bands Competition the one (1) Entrant with the highest cumulative score based on established voting categories such as stage presence, sound and crowd interaction, considered by the judges and Sponsor will be a candidate for the Grand Prize, all subject to verification of eligibility and compliance with the terms of these Official Rules. All decisions made by judges and Sponsor are final, binding, and not subject to challenge. In the event it is determined that any Entrant is ineligible or subject to disqualification for any reason, then that Entrant will be disqualified, and the Entrant with the next highest cumulative score will be a candidate for the prize. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winner will be required to sign and return to Sponsor, within three (3) days of being declared a candidate for the prize, a prize redemption form and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the prize redemption form and liability/publicity release will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the prize redemption form and/or the liability/publicity release within the required time period (if applicable), potential winner forfeits the prize.

 

  1. GRAND PRIZE: One (1) Grand Prize will be awarded, which consists of $5,000 cash (equal distribution

between participating band members), a performance contract for six dates at Hollywood Casino Toledo valued at $12,000 and (1) 4 song EP from Mohawk Studio, recorded and produced and valued at $2,000. Dates of performance to be determined by Sponsor. Sponsor has the right to cancel performance contract without any financial penalty. Winners are responsible for all taxes associated with prize receipt and/or use. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. No transfer, substitution or cash equivalent for any prize is allowed, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize or prize element of equal or greater monetary value (whether in cash or otherwise) if a prize or prize element cannot be awarded as described for any reason. If a prize is returned as undeliverable or is forfeited or refused, this may result in disqualification and an alternate Finalist may be selected as a potential prize winner, if time permits. All federal, state, provincial, local and other tax liabilities, including but not limited to sales and use taxes, goods and services taxes, excise taxes, income and U.S. withholding taxes, customs duties, fees and like amounts in connection with a prize award, acceptance or use of a prize arising from this Competition will be the sole responsibility of each winner.

 

  1. ENTRANT REPRESENTATIONS: By submitting Registration Materials and being allowed to participate in the Competition, Entrant represents warrants and agrees that:
  2. All Registration Materials and Competition Submissions (except to the extent third-party content is required as part of the Competition) provided by Entrant as part of the Competition (collectively “Judged

Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement, and composition of such songs and/or music videos. Materials submitted by Entrants do not need to be original works of authorship (i.e. cover songs are acceptable).

  1. All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any Supplemental Materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this

Competition, and have waived any applicable moral rights in such materials in favor of Entrant. The

Judged Materials and Supplemental Materials are referred to herein collectively as the “Creative

Materials.”

  1. The use of Creative Materials as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or

deceased. If an Entrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Sponsor reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignments or waivers required herein.

  1. Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.
  2. Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade

names, logos or the intellectual property of any third parties. Entrant names and Creative Materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification. Entrant names and Creative Materials must be in keeping with Sponsor’s positive image. Without limitation, Creative Materials that are deemed by Sponsor, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Sponsor in a negative fashion, may be disqualified. This requirement is strictly enforced. No profanity may appear in or be heard on any creative materials.

  1. Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Sponsor believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the Registration Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
  2. All forms must be filled out completely and truthfully. Any Entrant who fails to complete any form, gives

any false information, or fails to revel pertinent information, may be disqualified from the competition.

 

  1. USE/OWNERSHIP: With respect to the use and ownership of all Judged Materials, each Entrant acknowledges and agrees as follows
  2. The rights of each Entrant and Sponsor shall be established by the terms of these Official Rules and by the contents of any releases entered into as required by these Official Rules.
  3. Except to the extent prohibited by law, by participating in the Competition, each Entrant agrees that

Sponsor and its designees may use, publish, videotape, broadcast, distribute and display all elements of

Entrant’s Judged Materials during the Competition and thereafter, as well as each Entrant’s name,

biographical information, statements, voice, photographs and other likeness, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, solely in connection with advertising, promoting and conducting this Competition, without notification and without compensation of any kind to any Solo Artist or Band member or any third party. Sponsor reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop, distribute and otherwise use the Judged Materials and any other videos and recordings made of the Entrant’s performances during the Competition in connection with advertising, promoting and conducting this Competition, the Stations and Sponsor in any media now known or hereinafter created.

  1. Sponsor does not undertake to consider the Judged Materials in confidence and Sponsor has not made any prior inducements, promises or representations to the Entrants regarding the Judged Materials other than as outlined in the Official Rules.
  2. Participation by each Entrant in this Competition and the accompanying submission of each Entrant’s

Judged Materials to Sponsor, shall in no way limit or restrict Sponsor’s rights with respect to, or the use of, Judged Materials submitted by other Entrants, or otherwise developed, created or used by Sponsor, both prior to and after the submission of each Entrant’s Judged Materials herein, and Sponsor shall have no obligation to any Entrant with respect to such other Judged Materials. Accordingly, each Entrant acknowledges that Sponsor’s use of other material containing elements similar to or identical with those contained in Entrant’s Judged Materials shall not entitle the competing Entrant to any compensation if Sponsor has an independent right to use such other materials.

 

  1. ENTRY CONDITIONS; RELEASE; LIMITATIONS OF LIABILITY: By entering the Competition, each

Entrant agrees: (a) to comply with and be bound by these Official Rules and Sponsor’s decisions, which are binding and final in all matters relating to this Competition; (b) to release and hold harmless Sponsor, its parent company Cumulus Media Inc. and all of its subsidiary companies, the Stations, their respective advertising or promotion agencies, all Competition judges, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Competition, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s

entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to Entrant’s participation in the Competition and/or Entrant’s acceptance, use, non-use or misuse of the prize. The Released Parties are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Registration Materials or Competition Submissions whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications or other types of malfunctions or interferences, , incomplete or garbled

computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Competition, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Competition, the collection and processing of the Judged Materials, and/or the judging of the Competition, the announcement of a Grand Prize or in any Competition related materials. Sponsor may prohibit an Entrant from participating in the Competition or winning a Grand Prize if, in its sole and absolute discretion, it determines that Entrant, or anyone acting in concert therewith, is attempting

to undermine the legitimate operation of the Competition by cheating, hacking, deception, or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason any portion of this

Competition is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor or its agents, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, then Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Competition. Caution: any attempt by an entrant or anyone else to deliberately damage any competition website or undermine the legitimate operation of the competition may be in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including reasonable attorney’s fees) from any such person to the fullest extent of the law, including criminal prosecution.

 

  1. TAXES. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes will be issued an IRS Form 1099 to report their winnings.
  2. MISCELLANEOUS: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Competition; (4) technical or human error which may occur in the administration of the Competition or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Competition or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production technical, programming or any other reason causes more than stated number of prizes as outlined in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Sponsor reserves the right to amend these rules, without prior notice.

 

  1. PERSONAL INFORMATION: By entering the Competition, each Entrant consents to the use and disclosure of Entrant’s personal information collected in connection with the Competition by Sponsor and its authorized agents and representatives for the purposes of administering this Competition.

 

COMPETITION SPONSOR: Toledo Gaming Ventures LLC d/b/a Hollywood Casino Toledo1968 Hollywood Street,ToledoOH43606; Attn:BattleoftheBandsCompetition.

 

PARTICIPATING LOCAL STATIONS:

Cumulus Media

WKKO-FM http://www.k100country.com

WRQN-FM http://www.935wrqn.com

WXKR-FM http://wxkr.com

WQQO-FM http://q1055.com


Official Rules for Cumulus Radio Station Contests & Sweepstakes

A complete copy of these rules can be obtained at the offices of any radio station owned and/or operated by Cumulus Media Holdings Inc. (“Sponsor”) during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to 3280 Peachtree Road, Suite 2300, Atlanta, GA 30305, Attn: Legal Department.

Sponsor will conduct all Cumulus radio station contests and sweepstakes (“Contests” and “Sweepstakes”), including on-air contests, online and text-based sweepstakes, and contests and sweepstakes conducted through a Cumulus radio station’s social media accounts (e.g., Facebook, Twitter, etc.), substantially as described in these rules, and by participating, each participant agrees as follows:

  1. No purchase is necessary. Void where prohibited.  All federal, state, and local regulations apply.
  2. Unless otherwise specified, all Contests and Sweepstakes are open only to legal U.S. residents age eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in the Cumulus radio station’s listening area.  Void where prohibited by law.  Individuals age 13 to 17 may be eligible to participate in Contests and Sweepstakes with the approval of a parent or legal guardian, provided that the parent or legal guardian is a legal U.S. resident at least 18 years of age at the time of entry with a valid Social Security number and resides in the Cumulus radio station’s listening area.  Unless otherwise specified, employees of Cumulus Media Holdings Inc., its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Cumulus radio station’s listening area, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren.  The term “household members” refers to people who share the same residence at least three (3) months out of the year.  An individual may win a Contest or Sweepstakes only once per six (6) month period unless otherwise specifically stated.  Contests and Sweepstakes are subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest or Sweepstake. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  3. Contest or Sweepstakes Period. The Contest or Sweepstake will begin and end at the times specified by Sponsor.  Sponsor’s computer is the official time keeping device for all Contests and Sweepstakes.
  4. How to Enter. Entry methods for Contest and Sweepstakes will be specified by Sponsor and entries must be received during the Contest or Sweepstakes Period to be eligible. Use of any automated system to participate is prohibited and will result in disqualification.  Sponsor shall not be responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected entries, all of which will be disqualified.  In the event of a dispute as to any entry, the authorized account holder of the email address or telephone number used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned.  Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of a Contest or Sweepstakes.  Time Delay Between Over-the-Air Analog Signal and Other Signal Delivery: Due to the time delay that exists between a Cumulus radio station’s analog over-the-air signal and its online webcast, listeners who listen to a Cumulus radio station online may hear Contest or Sweepstakes information or a cue to call later than listeners listening to the station’s analog over-the-air signal. As a result, the odds of an online listener winning a Contest Sweepstakes may be diminished
  5. Winner Selection. Contest and Sweepstakes winners will be determined according to the method specified by Sponsor at Sponsor’s sole and exclusive discretion.  The winning entrant will be contacted using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules or the specific Contest or Sweepstakes rules).  Sponsor’s decisions as to the administration and operation of Contests and Sweepstakes and the selection of potential winners is final and binding in all matters related to the Contest or Sweepstakes. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
  6. Verification of Potential Winner. POTENTIAL CONTEST AND SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST OR SWEEPSTAKES. The potential winner must continue to comply with all terms and conditions of these Official Rules and/or the Office Rules of the specific Contest or Sweepstakes, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or telephone call, after the date of random drawing. The potential winner will be required to sign and return to sponsor, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable.  A winner who returns the affidavit of eligibility and liability/publicity release within the required time period will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize.  If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a contest or sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
  7.  Contest and Sweepstakes prizes will be as specified by Sponsor.  Winner is responsible for all taxes associated with prize receipt and/or use.  Odds of winning a Contest or Sweepstakes prize depend on a number of factors, including but not limited to the number of eligible entries received by Sponsor during the Contest or Sweepstakes Period and the number of listeners participating at any given time.  Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason.  For prizes that involve travel, unless otherwise specified, trips must be taken within the stated time periods or will be forfeited, winner and guest must travel on the same itinerary, and winner’s guest must be eighteen (18) years of age or older.  Trips are non-transferable and no substitution will be made except as provided at the Sponsor’s sole discretion.
  8. Entry Conditions and Release. By entering a Contest or Sweepstakes, each participant agrees to: (a) comply with and be bound by these Official Rules, the Office Rules of the specific Contest or Sweepstakes, and the decisions of Sponsor, which are binding and final in all matters relating to any Contest or Sweepstakes; (b) release and hold harmless Sponsor, Cumulus Media Inc., and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or Sweepstakes, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in a Contest or Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest or Sweepstakes and/or entrant’s acceptance, use, non-use or misuse of the prize.
  9. Except where prohibited, participation in a Contest or Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
  10. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Contest or Sweepstakes become the sole responsibility of the winner.  All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
  11. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify any Contest or Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest or Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Contest or Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  12. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest or Sweepstakes; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest or Sweepstakes; (4) technical or human error which may occur in the administration of the Contest or Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or Sweepstakes or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest or Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest or Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
  13. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with a Contest or Sweepstakes, or any prizes awarded, other than those concerning the administration of the Contest or Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Contest or Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the entrant’s Cumulus radio station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest or Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest or Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state in which the entrant’s Cumulus radio station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the entrant’s Cumulus radio station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the entrant’s Cumulus radio station is located.
  14. Entrant’s Personal Information. Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available on every Cumulus radio station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained on or within, shall become the sole property of Sponsor to be used, disposed of or destroyed in its sole discretion. Sponsor is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to a Cumulus radio station website.
  15. Sweepstakes Results. A winners list may be obtained thirty (30) days after the conclusion of a Contest or Sweepstakes by sending a self-addressed stamped envelope to the Sweepstakes Sponsor identified below.

 

SWEEPSTAKES SPONSOR: CUMULUS MEDIA HOLDINGS, INC., 3280 Peachtree Road, Suite 2300, Atlanta, GA 30305, Attn: Contests and Sweepstakes.

 

 

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