99.5 WYCD General On-Air Contest & Promotion Rules


General On-Air Contest and Promotion Rules for WYCD(FM)

 

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

 

  1. Unless otherwise specified by Radio Station WYCD(FM) (the “Station”), these Official Rules cover routine on-air contests and promotions conducted by the Station that are not otherwise covered by separate specific rules for contests or promotions conducted by the Station or its sponsors. Online contests and promotions conducted by the Station are covered by separate rules.

 

  1. The contest or promotion (the “Promotion”) will take place during the dates and times as announced on-air (the “Promotion Period”).

 

  1. To enter the Promotion on-air, listen to the Station during the Promotion Period for the announcement of the cue to call. Upon hearing the cue to call, the designated caller (as announced by the on-air personality prior to the cue to call) to get through to the Station contest line will win the announced prize upon confirmation of eligibility. The designated caller may be required to answer a trivia question, participate in an on-air game, or engage in other activity announced on-air in order to win a prize. At the time of entrant’s call, entrant will be required to provide all information requested including entrant’s full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. P.O. Boxes are not permitted. In the event that the selected caller is disconnected or is found to be ineligible, the next eligible caller who successfully makes it through on the call-in line and completes the call will be a winner as announced on-air. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a winner only once.

 

  1. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to the Station on-air. The Station is not responsible for online streaming delays of any nature.

 

  1. ELIGIBILITY RESTRICTIONS

 

  1. The Promotion is open to all legal U.S. residents who are 18 years of age or older at time of entry and who reside in the Metro Detroit area (Lapeer, Livingston, Macomb, Monroe, Oakland, St. Clair and Wayne Counties, Michigan). Void everywhere else and where prohibited or restricted by law. Employees, officers, directors and agents of the Promotion’s sponsor(s), if any, the Station, CBS Radio Inc., each of their respective parents, subsidiaries, and affiliates, the Station’s advertising and promotion agencies, and participating sponsors or prize suppliers (collectively, the “Promotion Entities”) and other radio stations in the Station’s market, the members of their immediate families (spouses, parents, children, and siblings, regardless of where they reside) 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, and entrant agrees to waive any right to claim ambiguity in the Promotion or Official Rules, except where prohibited by law.

 

  1. Persons are eligible to win prize(s) in a Station-conducted Promotion only once every thirty (30) days and prize(s) valued at $600 or more only once every six (6) months. Only one (1) winner per household is permitted in any Station-conducted promotion, and only one (1) winner per household is permitted to win a prize in any Station-conducted Promotion every thirty (30) days.

 

  1. Unless otherwise announced on-air, the winner(s) may be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize(s).

 

  1. 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.

 

  1. PRIZES

 

  1. Promotion prizes and their values will be indicated when the Station announces the Promotion, and may include concert tickets, movie passes, gift cards, CDs or digital downloads, event tickets, branded merchandise, and other similar prizes. Unless otherwise stated on-air, the approximate retail value of the prize will be under $100 (or less than $250 for ticket pairs).

 

  1. If the announced prize is an event or concert ticket, the winner(s) will be solely responsible for all taxes and all other fees and expenses not specified on-air associated with the receipt and use of the prize(s). Tickets are valid only on the date(s) printed on the tickets, and they are not refundable or transferable, may not be sold to a third party, and may not be substituted or exchanged for cash or credit at any time, nor will they be replaced if lost or stolen. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner(s) will be to award the remaining available elements of the prize(s) and no substitution or compensation will be provided for the unawarded elements of the prize(s). The Station, in its sole discretion, reserves the right to deny entry to or to remove the winner(s) and/or guest(s) if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person at the prize related event(s).

 

  1. If the announced prize is an item, the winner(s) will be solely responsible for all taxes and all other fees and expenses not announced on-air associated with the receipt and use of the prize(s).

 

  1. If the announced prize is a gift card or gift certificate (“Gift Card”), the Gift Card will be subject to the terms and conditions as set forth by its issuer. Gift Cards are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will they be replaced if lost or stolen.

 

  1. No more than the announced number of prizes will be awarded. Unless otherwise announced, all prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours, and the winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within thirty (30) days of winning or by 5:00 PM ET the day of the show, concert or event (or weekday prior, if concert/event is during the weekend). Unless otherwise announced or required by law, if a prize is not claimed no alternate winner will be selected and the prize will become the property of the Station. The Station may opt to deliver the prize to the winner by mail or overnight courier solely at its discretion. In the event that the Station delivers the prize to the winner by mail or courier with the winner’s consent, the winner assumes the risk of the prize’s loss, damage or delay.

 

  1. 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 announced item(s) and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). The Prize(s) is provided as is. 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, with the exception of any standard manufacturer’s warranty that may apply. Other restrictions may apply.

 

  1. WINNER SELECTION AND NOTIFICATION

 

  1. Decisions of the Station management with respect to the Promotion are final.

 

  1. Winner(s) shall be selected by being the designated number caller as announced on-air, and, if applicable, by answering a trivia question or otherwise winning or completing the announced on-air game. Odds of being the designated caller depend on the order and number of calls received.

 

  1. Potential prize winner(s) in on-air cue-to-call promotions will be notified by telephone at the time of their call. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. Upon notification or notification attempt, the potential winner(s) will be required to respond to such notification attempt and execute and return an affidavit of acceptance, eligibility, liability and publicity release within thirty (30) days of winning or by 5:00 PM ET the day of the show, concert or event (or weekday prior, if concert/event is during the weekend) of such notification or notification attempt or prize(s) will be forfeited (or sooner for time-sensitive prizes). If a winner has not reached the age of majority in his/her state of residence (19 years or older if a resident of Alabama or Nebraska, 21 years or older if a resident of Mississippi and 18 years or older in other states), the prize(s) will be awarded in the name of his/her parent or legal guardian. If a potential winner(s) is deemed ineligible for any reason, cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize(s). The Promotion Entities are not responsible for any changes in an entrant or winner’s email address, phone number, mailing address or other contact information.

 

  1. CONDITIONS

 

  1. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize(s). Such winnings of $600 or more will be reported to the IRS.

 

  1. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce, advertising and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Station, the Promotion and/or its sponsor(s) for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.

 

  1. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.

 

  1. 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).

 

  1. 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, unsuccessful, or late entries or notifications; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone or text message 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.

 

  1. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different identities, phones, or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who 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.

 

  1. The Station reserves the right to modify these Official Rules for clarification or equitable purposes without materially affecting the terms and conditions 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). If any provision of these Official Rules is irrevocably inconsistent with any provision set forth on the Contest webpage, then the provision of these Official Rules will prevail but solely to the extent of the inconsistency.

 

  1. 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.

 

  1. For a copy of these Official Rules or for a list of winners (specify giveaway and specify “official rules” or “winner list”), send a self-addressed stamped envelope (VT residents may omit return postage) to “WYCD(FM) – Generic On-Air Official Rules/Winner List,” Attn: Promotions, WYCD(FM), 26455 American Drive, Southfield, MI 48034. 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 www.wycd.com/contests.

 

  1. PRIVACY

 

  1. By participating in the Promotion, entrant agrees to the Station’s Terms of Use Agreement and to the use of entrant’s personal information as described in the Privacy Policy located at www.wycd.com. In the event of conflict between the Station’s Terms of Use Agreement and these Official Rules, the terms of these Official Rules shall apply.

 

Sponsor and Administrator: WYCD(FM), 26455 American Drive, Southfield, MI 48034.

 

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