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Entercom New Orleans, LLC
d/b/a WLMG
General Contest Rules - Written
These rules apply to all contests conducted by Entercom New Orleans, LLC
d/b/a WLMG (“Station”), unless otherwise set forth in specific contest
rules for a particular contest. Specific contest rules will be
available at the Station studio at 400 Poydras Street Suite 800 New
Orleans, LA 70130 and on the Station’s website at
http://www.magic1019.com.
Who Can Enter
1. Must be legal residents of the State(s) of Louisiana or
Mississippi and 21 years of age or older on the date of entry. Station
reserves the right to examine identification and may reasonably choose
to accept or deny awarding the prize based on the identification
presented.
2. Employees (including, without limitation, part-time or temporary
employees) of the Station and contest sponsors their respective parent
entities, subsidiaries, affiliated companies and advertising and
promotion agencies and the immediate family (i.e., current and ex-
spouses, parents, grandparents, children, grandchildren, and siblings
and in-laws and steps in any of the foregoing categories) and other
household members (i.e., roommates, housemates, significant others, and
partners of each legally residing at the same address) of each are NOT
eligible.
Entry/Winning
3. NO PURCHASE NECESSARY.
4. All entries become the property of the Station and will not be
acknowledged or returned. Entries received that are mutilated, tampered
with, illegible, incomplete or from ineligible entrants may be
disqualified in Station’s sole discretion. Entries that are determined
to be fraudulent will be void, and the person making such an entry or
suspected of fraud or tampering with any contest may be barred from
further participation in that contest and, in Station’s sole discretion
on a case by case basis, banned from any future participation in any
Station contest.
5. One or more contests may be announced from time to time. Station
may run more than one contest simultaneously, but entries will only be
solicited for one contest at a time.
6. WARNING: Online listeners to streamed broadcasts may experience a
lag in transmissions due to buffering limitations. Contest
Participants should not rely on streamed broadcasts.
7. Depending on the contest, the Station will announce the timing of
the required method of entry/winning. All references in this Section 7
to an “announcement” or to any information to be “announced” may be
announced on-air and/or via email, sms, internet posts, blog posts, text
message, instant message, social network posts, on-site, and/or via
point of purchase displays, materials or handouts. The following apply
to the applicable entry/winning methods designated:
a. For call-in contests: Entrants must call the telephone number
announced at the appropriate time. At the time that calls are
solicited, the criteria for winning will be announced (e.g., first six
callers, tenth caller, first caller with the correct answer). Only
calls to the announced number are eligible to win. Calls to the main
Station phone number or any other phone number are not eligible
entries. If the Station receives less than the requested number of
calls (e.g., only 9 callers when the Station is looking for the 10th
caller to win) within a reasonable period of time (as determined by
Station), Station reserves the right to re-conduct that contest at a
later time or cancel that winning opportunity and not award the
associated prize.
b. For mail-in contests: Entries must be received at the announced
address by the announced deadline. Entries will only be accepted by
U.S. mail. Only one entry per envelope is permitted (additional entries
within the same envelope will be disregarded). If the mail-in contest
requires the use of an official entry form, only official entry blanks
that are handwritten are eligible and official contest entry blanks are
only available while supplies last at each participating distribution
location.
c. For on-site entry box contests: Entries must be deposited in the
official entry box by the announced deadline. Only official entry
blanks that are handwritten are eligible (no mechanical reproductions
will be accepted). Official contest entry blanks are only available at
the location of the official entry box, while supplies last.
d. For internet based entries (whether via email, social networks,
online submissions, or the Station’s Club (as defined below)):
i. Entrants will be asked to go to a particular website whether the
Station’s main website at http://www.magic1019.com, a Station social
networking page (for example, Facebook), or an alternative website that
can be accessed directly or as a link through http://www.magic1019.com,
which alternative website is hereinafter referred to as a “MicroSite”)
(collectively, a “Website”) on particular days and times to enter a
contest, as announced. Criteria for winning and/or conditions for entry
will be announced by Station, which may include, without limitation,
one or more of the following types of modes of entry/winning: (a)
answering survey questions, (b) correctly answering trivia questions,
(c) making predictions or guesses with respect to certain upcoming
events, (d) submitting essays (of specified lengths), photos, videos or
audio, (e) “liking” or taking similar action with respect to a Station
social networking page in order to access an entry form or to be
automatically entered into a contest, or (f) simply completing entry
forms with contact information.
ii. Contests may require that entrants be a member of (or “like”) the
Station’s online club, social networking page or texting club in order
to enter. In addition, entrants may be provided with an opportunity to
opt-in for membership/participation as part of the entry process or, in
the alternative, may be required to become a member/participate in clubs
of (for example, email clubs, text clubs, and rewards programs) or to
receive solicitations from Station and/or its contest sponsors.
iii. When entry requires membership in the Station’s on-line club
(the “Club”): (in addition to the other relevant provisions set forth in
these rules): Membership is free. The Club is an internet club that
will entitle members to, among other things, receive information from
Station and its clients, enter contests, participate in surveys and
enjoy many other opportunities. To join the Club go to
http://www.magic1019.com and click on the link for the Club and provide
all required information (incomplete registrations may be invalidated in
Station’s sole discretion). In the event of a dispute regarding the
identity of a member, the holder of the registered e-mail account will
be deemed the person who submitted the membership. The holder of the
e-mail account is the natural person who is assigned the e-mail address
by an Internet access provider, online service provider, or other
organization that is responsible for assigning e-mail addresses for the
second level domain associated with the e-mail address in question.
Limit one membership per e-mail address. Members are required to
provide truthful information when completing Club membership
registration form. If a Member cancels his/her membership during any
contest in which such Member is entered (or was automatically entered),
such Member may no longer be eligible to win a prize in such contest, in
Station’s sole discretion. Contest entry for Club members may be by
one of the following means: (i) Members are automatically entered in
contests from time to time; (ii) Members may be required to complete a
specific on-line entry blank for particular contests; (iii) Redemption
of Club points (if available), which have no cash value, for an
opportunity to enter selected contests; or (iv) Other means of entry as
may be announced from time to time.
iv. When entry requires membership to, or registration with, a third
party social network (e.g., Facebook or Twitter) (such person “Users”):
In the event of a dispute regarding the identity of a User, a person
who can demonstrate the ability to log into the applicable account with
the correct user name and password will be deemed the User who submitted
the entry. Users acknowledge that the third party social network sites
(“Social Network Sites”) are not affiliated with the Station and,
therefore, Station cannot control certain factors relating to such
sites, including, without limitation, errors, cancellation of User
accounts or technical malfunctions associated with any Social Network
Site that may affect any entrant’s ability to enter, win, view, be
advised of, be eligible for or be properly considered in a particular
Station contest. Contest entry via Social Network Sites may be by one
of the following means: (i) Users may be automatically entered in
contests from time to time (e.g., all Followers of the applicable
Station Twitter account or all Friends or Fan, or people who Like a page
or such other terminology used from time to time (as applicable) of the
Station’s page on Facebook); (ii) User may be required to email the
Station, listen to its radio station or visit the Station’s website to
enter; (iii) all (or selected) Users may be offered the opportunity to
call the Station to win at announced days/times or upon the occurrence
of certain on-air broadcasts (i.e. a song, series of songs, sounder or
phrase); (iv) User may be required to post a comment or take other
action to be entered (e.g., changing the User’s profile picture) with
respect to User’s Social Network Site account; or (iv) other means of
entry as announced by Station. With respect to any Station Facebook
pages (if any), Station has no obligation whatsoever to “accept” (and
reserves the right to freely reject, in its sole discretion in each
specific instance) any particular Friend request and any such rejection
by Station of a Friend request shall render the requestor ineligible to
enter and/or win any contests that require being a “Friend” in order to
participate. Certain contests administered through a Station Facebook
page may require that an entrant “like” a Station page in order to
access an entry form or to be automatically entered into certain Station
contests. By entering Station contests via a third party social
network site, you are authorizing Station to access, utilize and/or
pre-load applicable portions of your social network site information
(i.e. Facebook profile) into the entry form (although clicking on a
separate button may be required to access this function, for example
clicking on a “Facebook Login” button). Station reserves the right, at
any time and for any reason or for no reason, to disassociate any person
from its social media network page/following by any means then
technically available to it (for example, “blocking” a Fan from liking
the Station’s Facebook page). Social networking site operators
(including, without limitation, Facebook) are in no way a sponsor,
endorser or administrator of Station contests and are not affiliated
with Station or its contests in any manner. Entry information provided
in Station contests through social networking sites is being provided to
Station, not the associated social networking site operator (for
example, Facebook). Some Station Facebook page contests may allow
entrants to obtain “extra” entries if they “share” their entry with a
friend and that friend validly enters that contest using the link
provided by the entrant, provided that (i) the total number of “extra”
entries can be capped at a maximum number of “extra” entries, as
announced by Station, and (ii) if that friend previously entered that
contest through a link from another entrant, his/her attempt to enter
the contest through subsequent shared links may not constitute a “valid”
entry (in which case, subsequent entrants will not get “extra” entries
for that particular friend).
v. From time to time, Station online contests may utilize certain
contesting software owned and/or administered by third parties (“Game
Administrator”). In such event, entrants may be required to have or to
establish an account with such Game Administrator but all such account
shall be free and entry may be limited to one entry per Game
Administrator account or limited in any other way announced. The
requirements and limitations on setting up an account will be governed
by that Game Administrator and entrants should refer to the Game
Administrator’s terms and conditions (for example, a Game Administrator
may only require one account per email address). Game Administrators
are not sponsors of Station contests but entrants may be required, as
part of the entry process, to agree and consent to their terms of
service and/or privacy policy (both of which will be available via a
link during the entry or account registration process) (collectively,
the “Game Administrator Policies”). While agreement to the Game
Administrator Policies may be required in order to enter a Station
contest, the Game Administrator Policies are not a part of these contest
rules but are a separate agreement between the entrant and the Game
Administrator. With respect to the conduct of these contests, in the
event of any conflict between the Game Administrator Policies and
Station contest rules, Station contest rules will govern.
e. Listen for Your Name Contests: Any Station contest may require
that one or more selected entrants listen for their name to be announced
on-air as a potential winner. In such events: (i) only the actual
person who entered can win (or was deemed to have entered in the case of
certain social network contests or Club contests) and must be the
person who calls in (persons having the same name will be disqualified
if not the actual entrant), (ii) call-ins will only be eligible to win
if the announced telephone number is the one called within the
designated time, and (iii) the call must be received and answered by the
Station within the exact period of time announced.
f. For text message based contests: In case of an identity dispute,
the registered user of the text message account on the date of entry
will be the recognized user. Participants acknowledge that messages are
distributed via third party mobile network providers and, therefore,
Station cannot control certain factors relating to message delivery.
Participants acknowledge that, depending on the recipient’s mobile
provider service, it may not be possible to transmit the message to the
recipient successfully. Station does not claim or guarantee availability
or performance of this service, including liability for transmission
delays or message failures. Station does not charge a fee for this
service. It is each Participant’s responsibility to check with their
individual carrier, as other charges may apply. BE ADVISED THAT IN SOME
CASES, TEXTS TO THE STATION WILL RESULT IN ONE OR MORE AUTOMATIC BOUNCE
BACK MESSAGES, FOR WHICH PARTICIPANTS MAY INCUR A FEE FROM THEIR
PROVIDER. Station assumes no responsibility for charges incurred for
text-messaging, including, without limitation, as a result of any bounce
back messages or contest notices from the Station. For texting
contests, entrants will be asked to text specific information (as
announced by Station) to a designated telephone line (the phone number
will be given in the announcement) at a particular time or times. At
the time that texts are solicited, the criteria for winning will be
announced (e.g., first text message received with the correct answer).
Only those text messages to the specific shortcode provided, at the time
texting is solicited, shall be eligible to win. Texting to the main
Station phone number, other Station shortcode or any other phone number
are not eligible. Winners will be selected in accordance with the
criteria announced when text messages are solicited. If the Station
receives less than the requested number of text messages (e.g., only 9
text messages when the Station is looking for the 10th texter to win)
within a reasonable period of time (as determined by Station), Station
reserves the right to re-conduct that contest at a later time or cancel
that winning opportunity and not award the associated prize.
g. Song of the Day Type Contests: Station may conduct contests
requiring people to listen for a particular song or combination of songs
(“Song”). The day(s), time (or time ranges), song(s) to listen for and
how to enter and win (which may be via call-in, text message or email)
will be as announced, subject to other applicable provisions in this
Section 7 that apply to the specific mode of entry or winning. The Song
played must be a full song aired on Station, not a song clip or hook or
a portion of a song used in an intro, promotional announcement or
advertisement that airs. The Station will start taking calls as soon as
the designated song starts to play (or, in the event of combination of
consecutive songs, as soon as the last song of the required combination
starts to play). If the Song plays at any other time that day other
than the designated contest hour or, if the announcement specifies that
only the first play of the Song in a day is a contest play, after the
Song has been played earlier that day, it will not be considered a
winning opportunity. Only the Song as performed by the specific artist
named in the announcement will qualify as a winning opportunity.
h. Codeword/Keywords: Any Station contest may require an entrant to
obtain a specific code, codeword, keyword, phrase or other unique
identifier (“Codeword”) and to provide the correct Codeword in order to
enter the contest (regardless of the mode of entry). Codewords may be
obtained on a Station or third party website, by listening to the radio
for the Codeword, on Station or third party social networking sites
(which might also require that a potential entrant “like” a page to
access the Codeword), via a text or email or any other source or
combination of sources as may be announced by Station in connection with
that contest.
i. Photo Contests: Contests requiring that entrants submit
photographs (via email, text message, mail, fax, online upload, social
networking site posts or other mode announced), the following provisions
will apply:
i. Electronic submissions of entry photos may only be submitted in
one of the following formats: .jpeg. Posts to third party sites (like
social networking sites) will be accepted only in the formats accepted
by such third party.
ii. All entrants who submit a photo agree to the following (and
Station may (but is not obligated to) require, as a condition of entry,
that entrants sign a separate agreement or, with respect to online
entries, affirmatively check a box or an “I agree” button agreeing to
some or all of the provisions set forth in this Section 7(h) and/or
other requirements):
• Entrant represents and warrants that he/she own the rights to, or has obtained permission to use, the photo submitted.
• Entrant represents and warrants that he/she authorizes Station to
post the photo on Station’s website or social network sites.
• Entrant agrees and acknowledges that Station and contest sponsors
and their respective affiliates, parents, employees, agents and all
other related sponsors may use for advertising and/or promotional
purposes, entrant’s name, image, photo submission, other entry materials
and/or biographical information on radio, TV broadcasts, newspaper
advertisements, on websites and/or any other medium in connection with
participation in this contest or otherwise without the payment of any
additional compensation to you.
• Entrant understands and agrees that Station shall be the sole and
exclusive owner of the photograph submitted and agrees to sign any
documents requested by Station to evidence such transfer of ownership.
iii. Station staff may review each photograph for unsuitable content,
as determined in Station’s sole discretion. All photographs containing
any content Station deems unsuitable shall be disqualified or edited in
the sole discretion of Station. No notification of such
disqualification or editing will be provided. DO NOT SEND ANY PHOTOS
CONTAINING NUDITY, INDECENCY, ILLEGAL DRUG USE, ILLEGAL ACTIVITIES, OR
OBSCENE GESTURES OR SITUATIONS. All of the foregoing may result in
disqualification and/or editing and are not intended to limit in any way
Station’s right to deem anything else unsuitable content.
iv. In the event that Station solicits for photos to be posted by
entrants directly on third party social networking sites (for example,
Facebook), the fact that such photo is posted does not mean that such
photo has been accepted by Station as an eligible entry into any
contest. Station shall be the sole determiner as to whether a posted
photo satisfies its entry criteria or not. Station reserves the right
(but not the obligation) to remove or un-tag (or take any similar
action) any photo posted on its social networking site for any reason or
no reason.
v. No more than one (1) photograph may be attached to any entry.
vi. Winners will be selected based on the criteria announced by
Station with respect to each contest, which may include, without
limitation, random drawing or the photograph that Station deems is
“best” (based on any lawful criteria Station deems desirable, in its
sole discretion).
j. On-Site Contesting Events: For contests requiring that entrants,
qualifiers and/or finalists be present at a Station contesting event in
order to continue participation in a contest, the following will apply:
i. If check-in or registration at the event is required by Station,
you must check in (or, in some cases, be in line to check in) at the
closing time announced. Eligibility to participate in the contest event
may require that at check-in each timely arrived participant complete
and sign one or more liability release agreements, provide his/her
social security number, provide evidence of a valid United States
federal or state photo ID (ie. driver’s license, passport or military
ID) and/or other specific requirements announced. Failure to do any of
the foregoing at check-in if required will result in automatic
disqualification.
ii. Participants hereby agree to strictly follow all instructions and
directions given by the Station staff at the event and understand that
any intentional failure to comply with the Station’s instruction,
process, procedures or contest rules at the event may result in
immediate disqualification (in Station’s sole discretion).
iii. Any decision by the Station Contest Administrator at such events will be final and not subject to appeal.
iv. In the event that any contest associated event or any Grand Prize
Event needs to be rescheduled for any reason, such postponement will be
announced on air and on the Station’s website. It is the sole
responsibility of each Entrant/Qualifier to check the website and/or
listen on-air for cancellation and/or rescheduling information.
Notwithstanding the foregoing, Station may (but is not obligated to)
send a written, email or telephonic notice to Qualifiers regarding any
necessary rescheduling of any Grand Prize Event with the rescheduled
date/time but in no event will Station or Sponsors have any liability or
responsibility for any Qualifier’s failure to receive the message for
any reason. In no event will Station or Sponsors have any liability or
responsibility for any potential entrant’s, entrant’s or Qualifier’s
inability to attend any event on the rescheduled date (and no
alternative opportunities will be offered).
8. Station is not responsible for the failure of any third party
sponsor/location to make entry blanks, code words, posters, game cards,
etc. (“Contest Materials”) available. If you are unable to obtain
Contest Materials, call 504-593-6376 and ask to speak to someone in
Promotions.
9. For any contest that requires entrants to answer questions, submit
materials or perform in some other manner (for example, answer a trivia
question, sing a song, say a particular phrase, call in after a
particular song, series of songs or sounder is played, etc…), the
decision of the Station will be final as to all matters, including,
without limitation, (i) the order in which calls, emails, texts or
entries were received and (ii) whether any answer required to be given
is correct or the “best” or most desirable (based on any lawful criteria
Station deems desirable).
10. For contests requiring notification to entrants, qualifiers,
finalists or winners, if the Station did not have actual contact (in
person or telephonic or by email) in which the necessary information was
communicated, then Station will only be required to leave one telephone
message, send one text or send one email to the number or email address
provided in the entry form or provided at the time that the station
collected the winner’s information (by phone, electronically or in
person). If no answer or answering machine is reached, Station will not
be obligated to attempt any further contact. For social network
contests, Station may elect to only contact the winner via the social
network account (or, in the alternative, using any other contact
information provided to Station in connection with the entry). If the
entry provided a telephone number or email address, the Station may
contact the winner via phone or email. However, Station reserves the
right, in its sole discretion, to attempt to contact any
qualifier/entrant/finalist/winner more than once and shall not be
required to attempt to contact all qualifiers/entrants/finalists/winners
an equal number of times or in the same communication manner. If no
telephone number or email address was provided and the Station has an
address, the Station may elect to send one written notification letter
by first class mail, time permitting.
11. In certain contests, qualifying winners may also be automatically
entered into a random grand prize drawing or other grand prize winner
determination, as announced. In such event, the location, date and/or
time of such grand prize drawing/event will be announced by Station.
The location of such drawing may be at the Station’s studios or may be
at a location to be announced.
12. With respect to any contest involving voting (whether voting determines the qualifier/finalist/winner or not):
a. Station may elect to post online the “in process” tally of online
and/or texting votes but any such display will not be real-time and may
not be relied upon by any of the entrants or voters. Any listing or
other disclosure by Station of “in progress” voting or similar tallies,
if any, will be updated by Station in intervals determined from time to
time by Station for each contest as Station sees fit (including, without
limitation, delays resulting from caching) and the intervals of such
updates of tally information may even vary during any particular
contest. Displaying information about in-progress voting is solely
for entertainment/excitement purposes and not binding upon Stations.
The sole determination of the total number of votes received by any
entry will be made by Station after the close of the voting period based
on its software. In addition, if any Station elects to display any
in-progress tallies related to voting, Station reserves the right (in
its sole discretion) to remove the display of any such tallies at any
time during the contest with or without notice (including, without
limitation, in the last hours before the voting closes).
b. Except as otherwise announced, voting is for entertainment
purposes only and will not be the determining factor in selecting
winners, but may (in Station’s sole discretion) be taken into
consideration as one of many factors considered by Station in
determining the winner.
c. Contest eligibility requirements (including, without limitation,
age and residency) are not applicable to determining whether or not a
person may vote in a Station contest.
d. In the event of text voting, Station reserves the right at any
time to end text voting prior to the announced closing date for text
voting, for any reason or for no reason, by providing at least 24 hours
notice on Station’s website that such text voting will end early.
e. All references to “voting” or “votes” in the contest rules will be
deemed to include each “like” on a Station Facebook page of a
particular content (for example, a post, photo, comment, etc…), if
applicable to the contest.
13. With respect to any internet-based portion of a contest
(including, without limitation, entries, voting, viewing web pages,
viewing video or audio content, viewing voting tallies, etc….), there
may be delays in updates for the purpose of caching in order to maintain
the efficient functionality of the web server in times of excess load.
As a result, updates may not be available in real time and may be
delayed until such time as Station is prepared for the next cache
refresh. The frequency and duration of any such delay will be in
Station’s sole discretion on a case by case basis.
14. With respect to certain contests, Station may elect to post
certain information not available to the general or listening public
about ongoing contests on its website, Club member pages, or Social
Network Site pages or may elect to communicate such information via
email, sms, text message, or social network posting (i.e. Twitter) to a
limited group of people (for example, twitter followers, facebook
friends, or members of Station’s email, internet or texting clubs). Such
information may include, without limitation, dates and time ranges when
a contest song or sounder may be played, lists of correct or incorrect
answers received, and/or contest reminders. In such events, no purchase
will be required to obtain such information but Station may require
that persons eligible to receive such extra information be members of
certain Station Clubs or third party Social Network Sites. Station will
have no obligation to make such information available to all potential
contestants and Station will not be obligated to announce that it is or
how it is making such additional information available, unless required
by law. While such additional information may increase the chances
that a recipient will know when to listen or what the correct or
incorrect answers may be (which information may not be available to
non-recipients), there will be no advantage in the mode of entry by
obtaining (or not obtaining) this additional information (for example,
there will be no advantage in being the 10th caller, etc…).
15. Use of robotic, mechanical or other forms of pre-programmed
internet, texting or phone call visit, voting or entry methods is NOT
prohibited. Notwithstanding the foregoing, Station reserves the right
(in its sole discretion), from time to time, to implement entry/voting
processes that may frustrate or prohibit automated entry or voting
(including, without limitation, CAPTCHA, requiring Club membership log
ins or contest/voting registrations, advance email address verification
procedures, limiting the number of entries/votes/web hits
accepted/counted after a maximum number within a specified period of
time as established by Station (which numerical/time limits Station may
decide not to disclose), and/or prohibit any further entries, votes or
web traffic from a particular IP address during a particular contest,
period of time or permanently). Before or during any contest, Station
reserves the right to install and access cookies, alone or along with
other methods, to track web site traffic, entry and/or voting frequency,
and/or to detect or prohibit automated methods of voting, entry or
website visits.
16. In no event will any “deal-making” in connection with a contest between participants or third parties be permitted.
17. Contestants may not violate any federal, state or local laws and
may not harm or endanger themselves or other persons or property in
connection with a contest. If Station deems that a contestant,
participant or any winner may have created a public hazard, cheated,
engaged in improper or illegal activity, caused interference with or
destruction of property and/or utilized public safety resources, such
contestant / winner may be disqualified in Station’s sole discretion.
18. Notwithstanding anything to the contrary in these rules, Station
cannot guarantee that it will be able to view all entries and/or
required entry submissions (essays, photos, videos, etc…) submitted from
a technical perspective, even if sent in the appropriate formats
required. In the event that Station is not able to view any entry or
entry materials submitted for any technical reason whatsoever, that
entry may be disqualified (without notice to the entrant) and Station
will have no liability or obligation to such entrant with respect to the
disqualified entry.
19. Station reserves the right to (but not the obligation) to post
some or all entry information and/or materials on the Station’s website
or social networking sites, in whole or in an edited form (in Station’s
discretion), as a “featured” entry. Having your entry posted and/or
“featured” does NOT mean that the entrant has won or is likely to win in
that contest. The decision to post or “feature” any such entries is
for entertainment purposes only and is not part of the winner selection
process in the contest.
Prize(s)
20. Notwithstanding anything to the contrary herein or stated on-air,
no person will be entitled to receive any prize until after their
eligibility has been confirmed or accepted by Station and all required
paperwork (including, without limitation, liability release agreements)
have been completed by the pending winner within the required deadlines.
21. All prizes awarded must be picked up at the Station’s studios at
400 Poydras Street Suite 800 New Orleans, LA 70130, during normal
business hours of 9 a.m. to 5 p.m., Monday through Friday, unless
otherwise specifically directed by Station. Prizes will not be mailed,
unless otherwise determined by the Station.
22. Prizes not claimed within thirty (30) business days of being
advised by Station that the prize is available for pick-up, or in the
case of a time sensitive prize, within its period of usability if
shorter than 30 business days, shall be considered forfeited (without
notice to the winner) and will become property of Station. Such prize
may be disposed of at the discretion of Station Management.
23. Prizes will be released to winners only. Winners may be required
to present a valid United States state or federal photo ID and valid
social security number in order to pick up any prize. Winners may be
required, in Station’s sole discretion, to sign one or more liability
release agreements relieving the Station, its parents, subsidiaries,
officers, directors, members, managers, employees, agents, contest
sponsors and others from any and all liability with respect to the
contestant’s participation in the contest and the receipt and/or use of
the prize. Any person who refuses to sign the Release and/or provide a
social security number or complete or provide any other documents
required by the Station by the deadline required by Station will forfeit
any and all prizes.
24. Station reserves the right to substitute a prize of equal or
greater value for all contests and giveaways. Non-cash prizes are not
redeemable for cash. No transfer or assignment of prizes is allowed,
except as may be determined by Station in its sole and absolute
discretion on a case by case basis.
25. Winners are prohibited from selling any prize awarded or
transferring any prize without Station’s authorization (which
authorization must be in writing by a Station representative and shall
be granted or withheld in Station’s sole discretion on a case by case
basis). In the event that Station discovers or suspects (correctly or
incorrectly) that a winner is attempting to sell his/her prize from
Station (i.e., ebay, craigslist or otherwise), Station reserves the
right, in its sole discretion, on a case by case basis to take any one
or more of the following actions: (a) immediately disqualify the
winner and deem any prize they were otherwise entitled to as forfeited,
(b) refuse to award the prize to such winner, even if he/she represents
that they will not resell or transfer the prize, and/or (c) prohibit the
violating winner from participating and/or winning any future Station
contests (whether for a fixed period of time or in perpetuity, in
Station’s sole discretion) and if such winner ever wins a future Station
contest during the period that he/she is banned, he/she shall be
disqualified from the contest and forfeit any prize once it has come to
Station’s attention. Further, Station reserves the right to track and/or
cancel and invalidate any prize awarded that Station suspects was sold
or transferred without authorization.
26. Winners are responsible for paying all applicable local, county,
state and federal taxes on prizes based on the estimated retail value of
the prize, as set forth in the contest rules, and may be issued an IRS
1099 form for all prizes won from Station where the aggregate value of
all prizes is $600 or more in any calendar year.
27. Specific restrictions regarding awarded prizes will be provided,
if applicable, to the winner. Unless restrictions delivered to a
specific winner differ from the following, the following will apply
generally to prizes awarded in Station contests:
(a) Any prize involving air travel will include only round-trip,
coach-class air transportation from a commercial airport in the greater
metropolitan area that the Station is located in. Winner is
responsible for pre-payment of any taxes or airport, baggage or
government fees or charges.
(b) Any prize involving overnight accommodations will include only
one room, double occupancy, room only. Incidental expenses, taxes and
ground transportation is not included. Winners may be required to
provide a valid credit card to check into the hotel and to cover
incidental expenses.
(c) Any prize involving travel (overnight accommodations, flight,
motor coach, and/or rail etc…) may require that the winner and/or the
winner’s guest(s) be over 18 or over 21. Guests may be required to
sign one or more liability release agreements before being authorized by
Station or its sponsor to be allowed to participate as winner’s guest
on a trip.
(d) Any prize involving travel is based on availability and subject
to additional restrictions including blackouts, peak period restrictions
and expiration dates imposed by Station, sponsors and/or agents
participating in the contest. These restrictions are not subject to
negotiation. In addition, such winners/guests are solely responsible
for obtaining any international travel documents, visas or passports
required. Reservations are non-transferable and once booked and
confirmed may not be re-scheduled. Winner and guests are required to
travel on the same itinerary and changes may not be made once booked.
(e) With respect to travel, event tickets and/or events of any kind,
Station and sponsors are not responsible for replacing or reimbursing
winners with any form of compensation for flights or events that are
canceled, rescheduled or delayed. All cancellations are deemed beyond
the control of Station and its sponsors. This includes, but is not
limited to, event cancellations, trip schedule changes, flight
cancellations, changes in travel arrangements, travel delays of any form
and duration, as well as all delays or cancellations due to acts of
nature, terrorism (including threats), illness or war. Additionally,
Station is not responsible for any work stoppage, bankruptcy or other
condition beyond Station’s control that may affect Station’s ability to
provide any of the prizes. Station is not responsible for any expenses
incurred by contest winners as a result of such cancellations, delays or
other circumstances beyond Station’s control.
(f) Any prize that provides an opportunity to meet with, participate
in an activity with, interview or have similar interaction with any
celebrity (other than employees of Station) is contingent upon the
celebrity appearing for such activity/event, which is beyond the
Station’s control. Station is not responsible if a winner and/or his/her
guests are unable to meet such celebrity or participate in the
associated activity if the celebrity determines this is not allowable
for any reason or fails to appear/participate for any reason. In the
event of illness, act of god, scheduling conflict or any other reason,
Station is not responsible for this portion of the prize, which has no
monetary value, and no alternate prize will be awarded and the
event/activity will not be rescheduled. In the event that Station
elects (in its sole discretion) to attempt to reschedule any such
event/activity or offer an alternative prize, Station shall have no
obligation whatsoever to offer any other alternate prize if such attempt
to reschedule or other offer is not accepted by or utilized by winner
for any reason whatsoever.
(g) Any prize that is awarded in the form of a gift certificate may
have an expiration date and use of such certificate may be based on
availability and include black-out periods, restrictions or excluded
items (for example, tax, tips, alcoholic beverage, or goods from a
particular manufacturer). Gift certificates are only redeemable at the
locations for which they are specified.
(h) Any prize involving the award of cash will be paid in the form of
a company check, payable only to the winner and no other person.
Checks will be ready for pick-up within 60 business days after winning.
(i) In all instances in which winner has the right to select specific
products, the choice or products offered may be limited by the Sponsor
or certain specific products or manufacturers may be excluded. Winner
will receive more information on such restrictions and limitations after
they have been awarded the prize.
Miscellaneous
28. Odds of winning depend on the how the contest is conducted. For
random drawings, the odds of winning will depend upon number of entries
received. For contests in which winners are qualified for a grand prize
drawing, odds will depend on the total number of qualifiers.
29. All tie breaking procedures will be announced on-air, posted on
Station’s website, and/or communicated in writing or by email to tied
contest participants.
30. In the event of any reference in contest materials, pages or
advertisements of a Station privacy policy, to the extent not
inconsistent with the provisions of the contest rules with respect to
the use and disclosure of entrant information, that reference will be
deemed to refer to the Station’s privacy policy (if any) posted on its
primary website, unless a different privacy policy is specifically
identified (in which case, any such third party privacy policy shall NOT
be applicable to or part of these contest rules).
31. In the event that any winner, qualifier or finalist is
disqualified in a contest for any reason permitted by the applicable
contest rules at any point in time (before or after a winner is
determined), Station shall NOT be obligated to select an alternative
winner/qualifier/finalist and may instead elect to retain any associated
prize(s) as its own property and/or dispose of any such prize(s) in any
way it sees fit outside of (or within) the scope of the contest. In
the event that any entrant or entry is disqualified or any prize is
forfeited in accordance with the applicable contest rules, Station and
sponsors have no obligation whatsoever to notify any such entrant of any
such disqualification or forfeiture.
32. Inquiries by contestants or potential contestants to any employee
of the Station (whether in person, by email, or by telephone) regarding
the status of their entry or questions about a Contest may or may not
be responded to and Station is not obligated to respond or treat to all
inquiries identically (even if the question is identical). Time
considerations and/or volume, among other things, may impact a Stations’
desire or ability to respond to such inquiries from time to time.
Notwithstanding anything communicated by any Station employee in
connection with any such inquiry, such information shall not be binding
on Station (the sole determining information related to this Contest is
as set forth in the applicable contest rules) and shall not be deemed to
be providing any type of improper assistance or advantage to any
particular contestant over another. Any attempt by Stations to respond
to an inquiry will be in the context of providing good customer service
only and, in some instances, to address technical issues/problems.
33. Station Management shall be the sole arbiters in all matters
relating to the contest and in the interpretation of contest rules.
Their decisions shall be final. Entry into the contests constitutes
agreement by contestants to abide by these rules, as well as any other
rules established by Station.
34. By participating in a Station contest, entrants hereby agree and
each entrant hereby remises, releases and forever discharges and agrees
to indemnify and hold harmless Station, its affiliates, parents,
assigns, successors, employees, sponsors, agents and all others
connected with them and the promotion, contest, and/or event from any
and all liability, claims, actions, and damages sustained or incurred by
participation in the said promotion, contest, and/or event and the
receipt and use of any prize(s) awarded (if any) through such promotion,
contest, and/or event arising in any manner whatsoever, including but
not limited to an act or omission, whether negligent, intentional or
otherwise caused by Station, its affiliates, parents, assigns,
successors, employees, sponsors, agents and all others connected with
them and the promotion, contest, and/or event. In the event that the
associated contest is administered by Station (in whole or in part) via a
Facebook page, entrants understand and agree that the foregoing
liability release and indemnification in this Section 34 shall also
include the release and indemnification of Facebook by entrant in the
same manner in which Station is released and indemnified.
35. By entering a Station contest, entrants understand that Station
staff may choose to comment on, mock, poke fun at, and/or mimic any
entrant’s entry and/or performance. Entrants waive any right to make
any claim against Station or any contest sponsors with respect to any
comments - disparaging or otherwise - made regarding such entrant and/or
his/her entry, entry materials, performance, voice, appearance,
participation and/or any other information provided or disclosed to
Station during the course of a contest.
36. By participating in a Station contest, entrants hereby consent to
the Station and contest sponsors’ usage of any one or more of the
following for on-air broadcast and for any other advertising and
promotional purpose in any medium whatsoever without payment of any
additional consideration: contestant’s name; voice; likeness;
biographical information; his/her participation in the contest; and the
substance of the contestant’s telephone call, entry form, essays, songs,
videos, photos or any other contest submissions. By entering or
participating in any Station contest, entrants understand and agree that
Station may take photographs and/or videotape and/or audiotape any
entrants participation, appearance and/or performance in connection with
any Station contest (before, during or after the contest) and that
Station will own any such photos, audio and/or video and shall be free
to utilize such materials in any way it sees fit during or after the
contest with no compensation to the entrants, including without
limitation posting any such photographs, audio and/or videos on its
website.
37. Station and its sponsors are not responsible for any technical
difficulties, technical malfunctions or errors (whether technical or
typographical) experienced due to overload, busy signals, loss of phone
service, internet availability, electronic problems, interrupted or
unavailable satellite, network, server, Internet Service Provider (ISP),
website (including, without limitation, third party websites and social
networking sites), telephone or other connections, availability or
accessibility, or miscommunications, or failed computer, satellite,
telephone or cable transmissions, or lines, or technical failure or
jumbled, garbled, corrupted, scrambled, delayed, or misdirected
transmissions, or computer hardware or software or telephone
malfunctions, failures, or technical errors or difficulties, any error,
omission, interruption, deletion, defect or delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or tampering with or hacking of any of the
websites, computer virus, bug, complications or server performance
suspected to be caused by automated entry, voting or web traffic, or
other errors or corruptions of any kind whether human, mechanical,
electronic or network or the incorrect or inaccurate capture of
information or the failure to capture, or loss of, any such information
or any other factor that may prevent an individual from completing or
Station from receiving (accurately or otherwise) a phone call, an email,
accessing any website (including the Stations or any third party
website), or for any problem associated with the Station website or
voting website or software, internet, telephone connections, servers,
routers, or any other technical problem that may impact entry,
participation, voting or prize claim in any way, regardless of the
cause, including, without limitation, any injury or damage to any
person’s computer, equipment, property, software or network related to
or resulting from participating in a Station contest or visiting its
websites (whether as an entrant, visitor or voter). Station and its
sponsors assume no responsibility for any incorrect or inaccurate
information, whether caused by website users, or by any equipment or
programming associated with or utilized in a Station Contest. Station is
not responsible for any printing errors or typographical errors. If,
for any reason, in the sole opinion of Station, any contest is not
capable of running as planned by reason of infection by computer virus,
worms, bugs, tampering, hacking, unauthorized intervention, fraud,
technical failures, technical slow-downs, or any other causes, whether
discovered or suspected by Station, which, in sole opinion of the
Station, does or could corrupt or affect the administration, security,
fairness, integrity or proper conduct of a Contest, Station reserves the
right, at its sole discretion, to cancel, terminate, modify or suspend
the affected contests and/or the voting portion of any Contests with or
without selecting qualifiers, finalists or winners, and/or provide
alternative means of entry or voting or any other changes to these
contest rules that Station deems appropriate under the circumstances In
the event of termination, suspension or modification of a contest, a
notice will be posted online.
38. Station may use cookies and/or collect IP addresses (an IP
address is a number that can uniquely identify a specific computer or
other network device on the internet) for the purpose of implementing or
exercising its rights or obligations under the contest rules, for
information purposes, identifying your location (including, without
limitation, to re-direct you to the appropriate geographic website, if
applicable) or for any other lawful purpose in accordance with
Station’s privacy policy (available from a link at the bottom of the
Station’s web site home page, which is listed above).
39. Information collected by Station in connection with entering,
voting or otherwise participating in any Station contest may be shared
with sponsors of particular contests and otherwise used in accordance
with Station’s privacy policy (available from a link at the bottom of
the Station’s website home page, which is listed above).
40. Complete contest rules are available at the Station studios at
400 Poydras Street Suite 800 New Orleans, LA 70130 during normal
business hours of 9 a.m. to 5:00 p.m., Monday through Friday or go
online at http://www.magic1019.com.
41. Station contests are subject to all applicable laws and regulations and are void where prohibited.
42. Station reserves the right to: (i) terminate or declare any
Contest null and void and rescind any prize, if in its sole judgment,
the rules or the integrity of the Contest have been violated or
compromised in any way, intentionally or unintentionally by any person
whether or not a participant in the Contest; (ii) alter or amend these
Contest rules at any time; and (iii) stop or conclude the Contest at any
time without prior notice. Material changes to the contest rules will
be broadcast on-air, when practical.
43. Winner’s List: For a list of winners mail a self-addressed
stamped envelope to the Station address identifying the name of the
particular contest that you would like to receive a winner’s list for.
The Station address is 400 Poydras Street Suite 800 New Orleans, LA
70130. All requests for winner lists must be mailed and received by the
Station after the contest is over but prior to 4 months after the
contest has been concluded.
44. These are general contest rules, and rules for individual
contests may vary. To the extent that any specific contest rules differ
from these rules, the specific contest rules will govern and control.
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