92.3 KRST, 93.3 THE Q, 94.5 The Pit, 96.3 NEWS RADIO KKOB, 95.9 FM AND 610 AM THE SPORTS ANIMAL MAGIC 99.5, 103.3 eD FM ’s “Open For Business ABQ” Contest Official Rules
A complete copy of these rules can be obtained by contacting radio stations KRST, KOBQ, KMGA, KNML, KKOB, KTBL and KDRF (collectively, the “Stations”), at Cumulus Radio LLC, 500 4th Street NW Albuquerque NM 87102, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Stations will conduct the 92.3 KRST, 93.3 THE Q, 94.5 The Pit, 96.3 NEWS RADIO KKOB, 95.9 FM AND 610 AM THE SPORTS ANIMAL MAGIC 99.5, 103.3 eD FM “Open For Business ABQ” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- 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 eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in one of the Station’s Designated Market Areas (“DMAs”) as defined by Nielsen Audio, who have not won a prize from the Stations in the last 60 days or a prize valued at $500 or more in the 30 days, and whose immediate family members or household members have not won a prize from any of the Stations in the last 30 days or a prize valued at $500 or more in the 30 days. Void where prohibited by law. Employees of Cumulus Radio LLC, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Stations’ DMAs, 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 Stations’ 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.
- Contest Period. The Contest will begin at 12:01am MT on June 24, 2020 and will run through 11:59pm MT on July 20, 2020 (the “Contest Period”). The Stations’ computer is the official time keeping device for this Contest.
- How to Enter. To enter:
Visit any of the Stations’ websites: www.923krst.com, www.933theq.com, www.magic995abq.com, www.newsradiokkob.com, www.945thepit.com,www.ed.fm, and www.sportsanimalabq.com during the Contest Period, click on the “Contest” link, click on the “Open For Business ABQ” Contest link, click on the ”Open for Business” link and complete an entry form. All entries must be received by 11:59pm MT on July 20, 2020 to be eligible for the Grand Prize drawing. Limit one (1) entry per business for the duration of this Contest, regardless of how many email addresses a business may possess and use. 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. The Stations are 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. Stations reserve 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.
- Winner Selection. On or about 10:00am MT on July 21, 2020, a team of judges from Stations will divide the entries, read and select the top five (5) entries based on their submission of how Covid-19 affected their business, and what a $50,000 marketing campaign would mean to and for their business as finalists (each a “Finalist”). Those five (5) Finalist businesses will appear on one (1) or more of the Stations, tell their story on air and explain why they should be selected as the Grand Prize winner of the Contest. Listeners should visit any of the Stations’ websites, 923krst.com, www.933theq.com, www.magic995abq.com, www.newsradiokkob.com, www.945thepit.com, and www.ed.fm, and www.sportsanimalabq.com, during the Voting Period to vote for the business they believe should be the Grand Prize winner. Limit one (1) vote per person. All voting will be taken into consideration when Stations determine the winner. The entry with the most votes may not be the entry that chosen as the Grand Prize winner.
, At the conclusion of the Voting Period, the original judges from the Stations will evaluate the number of total votes each Finalist received along with the original submission of how Covid-19 has affected the business and what a $50,000 radio marketing campaign would mean to and for their business to determine the winner. The Grand Prize winner will be chosen by the Stations’ judges in their sole and complete discretion and announced on or around 10:00am PT on August 4, 2020. 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). Stations’ 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 and forfeiture of the prize.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY THE STATIONS 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 the Stations, 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, Stations may award the applicable prize to an alternate winner, chosen in their sole discretion.
- Grand Prize. One (1) Grand Prize will be awarded in this Contest. The Grand Prize is Fifty Thousand Dollars ($50,000) in Advertising/Promotion on the Stations to be used between July 2020 through June 2021 with the exception of blackout political window dates of September 3, 2020 through November 3, 2020 and any political windows occurring in the spring of 2021. ARV Fifty Thousand Dollars ($50,000). The Grand Prize is comprised of a number of Station assets, the specific mix of which shall be determined by the Stations in their sole discretion. The assets may consist of, without limitation, some or all of the following: Commercial Writing and Production; 5, 15, 20 and 60 second commercials on the Stations; placement in Station streams or on Station websites; and sponsorship mentions within Station contests. The placement of commercials on-air and within Station streams, or logos on the Stations’ websites, as well as which specific assets are provided on which Stations, shall be determined by the Stations in their sole discretion. Some of the advertising may be used for digital marketing assets if the winning business chooses to the pay the hard cost that is associated with it.
If the winning entrant was a paying client of any of the Stations during the period of July 2019 through June 2020, to be eligible to receive the Grand Prize the entrant also must spend no less than that same amount with the Stations in the next 12 months from July 2020 through June 2021 (the “20-21 Spend”). The Grand Prize will then be provided to the winner above and beyond the 20-21 Spend.
Advertising must be used to exclusively promote the winner’s business, goods and/or services. Business must have its legal address located in New Mexico to claim the Grand Prize. Advertising can be on one (1) or multiple Stations and will air on both terrestrial signal and Station(s)’s online stream(s) based on pre-determined rate card. The prices identified on the rate cards, or as otherwise identified by the Stations where rate cards are unavailable, will be used to value the assets provided to the Grand Prize winner. Business owners or their chosen representative may be asked for the use of their voice/or voices on air to promote advertising. Winner is responsible for all taxes associated with prize receipt and/or use. 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.
There is no substitution, transfer, or cash equivalent for prizes, except that the Stations may, at their sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
- 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 Stations, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Stations, Cumulus Media New Holdings, 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.
- Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Stations 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.
- 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.
- General Conditions. Stations reserve 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 Stations’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Stations in their sole discretion. Stations reserve 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, Stations reserve the right to seek damages from any such person to the fullest extent permitted by law. Stations’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Stations, 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, Stations reserve the right to award only the stated number of prizes by a random drawing, or other method, to any legitimate, unawarded, eligible Contest entrant.
- 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 Stations’ listening areas; (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 Stations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Stations are 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 Stations are located.
- 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 address of Cumulus Radio LLC identified below.
CONTEST SPONSOR: Cumulus Radio LLC, 500 4th Street NW Albuquerque NM 87102.