MIDWEST COMMUNICATIONS, INC.
FOR ALL CONTESTS
a. No purchase, registration fee, or monetary donation is required to enter or win any promotion or contest (both referred to as a “contest”).
b. Contests are open to individual legal residents of the states of Indiana, Michigan, Minnesota, South Dakota, and Wisconsin (as applicable based on the station’s metro area as defined by Arbitron or as set forth in applicable contest-specific rules (the “Metro Area”) except (i) employees (and their immediate families and members of the same household) of Midwest Communications, Inc./WRIG, Inc. and other sponsors, their parents, subsidiaries, affiliates, suppliers, distributors, agents, judges, and advertising, promotional, and fulfillment agencies (collectively, the “Sponsors” and individually, sometimes a “Sponsor”), and (ii) employees (and their immediate families and members of the same household) of all other radio stations within the Metro Area. Due to differences in laws governing contests and promotions, residents of other states and countries are not eligible to enter any contest.
c. Minimum age requirements may be placed upon any contest pending sponsorship or prize requirements in order to comply with federal, state, or international laws.
2. Contest Entry
a. For contests where e‑mail entries are permitted, e‑mail entries containing attached files and entries that do not comply with these Official Rules for All Contests (the “Official Contest Rules”) are not eligible and will be rejected. All multiple entries will be blocked or disqualified. Any use of robotic, macro, automatic, programmed, or the like entry methods will void all such entries by such methods. Each e‑mail entry shall be deemed to have been sent by the authorized account holder, at the time of such entry, of the e‑mail address indicated on such entry.
b. For contests where online games are involved, any use of scripts, software, or other methods of cheating in online games will invalidate eligibility of entrants. Entrants may only use one open browser window to play online games; the use of more than one browser window constitutes cheating and will invalidate eligibility of an entrant.
c. For contests where hard copy entries are permitted, and if and as applicable based on contest-specific rules, submit completed entry forms to the completed entry form submission address.
d. If and as applicable based on contest-specific rules, entry form requests must be received by the deadline for receipt of entries.
e. Entry forms must be completed in their entirety, including the entrant’s first name, last name, e‑mail address, street address (including city, state, and zip code), and home telephone number (as applicable). Entrants must use their own name.
f. Entries that are incomplete, tampered with, illegible, mechanically reproduced, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Contest Rules will be disqualified.
g. Only one entry per individual per contest is permitted.
h. All entries become the property of Sponsors and will not be returned.
i. Sponsors reserve the right, in their sole discretion, to cancel, modify, terminate, or suspend a contest if fraud, technical failure, tampering, viruses, bugs, non‑authorized human intervention, or any other causes beyond the control of Sponsors inhibit, corrupt, destroy, or affect the administration, security, fairness, integrity, or proper conduct of a contest and Sponsors may void suspect entries and/or disqualify any individual who engages in or attempts any such activity. Any attempt to damage the operation of a contest is unlawful and subject to legal action.
j. By entering a contest, all entrants grant full permission to Sponsors, their officers, directors, employees, advertising and promotional agencies, and anyone authorized by any of them to use the entrant’s name, likeness, voice, photographs, videotaped footage, and biographical data, in whole or in part, in any and all media, for the purpose of advertising, publicity, and trade. All entrants further agree to the use of their name and likeness for such purposes without limitation and without any compensation whatsoever, except where prohibited by law.
k. By entering a contest, entrant agrees to full and unconditional acceptance of these Official Contest Rules, the decisions of Sponsors, which are final and binding in all respects, and warrants that the entrant is eligible to participate in the contest.
3. Contest Period
a. If and as applicable based on contest-specific rules, a contest runs for the promotion period (i.e., begins at the promotion beginning time and ends at the promotion ending time). Entries must be received by the deadline for receipt of entries (or other applicable deadline). Proof of mailing or electronic transmission does not constitute proof of delivery of an entry.
4. Winner Selection
a. If and as applicable based on contest-specific rules:
(i) The number of winners will be the number set forth in the number of winners.
(ii) The winner(s) will be selected as set forth in the method of selection of winner(s).
(iii) All random drawings for prizes will be witnessed by disinterested parties.
(iv) All winners are subject to the presence requirement.
(v) In the event the potential winner does not qualify or is not willing to accept the prize, there will be an alternate winner drawing.
(vi) Winners will be notified by e‑mail, phone, or U.S. mail within fourteen (14) calendar days of selection. If a winner is unreachable after seven (7) calendar days, if a prize notification letter is returned as undeliverable, or if a winner is unavailable for prize fulfillment, an alternate winner will be selected at random from all remaining eligible entries received.
(vii) Odds of winning depend upon the number of eligible entries received.
b. All decisions of Sponsors are final and binding.
c. Potential winners may be required to execute and return an affidavit of eligibility and public relations and liability release. Failure to execute and return an affidavit of eligibility and public relations and liability release within the specified time period may result in disqualification and, if and as applicable based on contest‑specific rules, selection of an alternate winner. Sponsors reserve the right to verify the eligibility of potential winners. Winners may be required to show a valid state issued driver’s license or other identification as evidence of identity. Potential winners may also be required to provide Sponsors with proof that the potential winner is the authorized account holder of the e‑mail address associated with the potentially winning entry. In the event of a dispute as to entries submitted by multiple users having the same e‑mail account, the authorized subscriber of the e‑mail account used to enter the contest at the actual time of entry submission will be deemed to be the entrant and must comply with these rules. The authorized account subscriber is deemed to be the natural person who is assigned an e‑mail address by an internet access provider, online service provider, or other organization which is responsible for assigning e‑mail addresses for the domain associated with the submitted e‑mail address.
5. Prize and Claim Requirements
a. If and as applicable based on contest-specific rules:
(i) The number and type of prizes awarded will be as set forth in the description of prizes.
(ii) The winner(s) will receive the prizes described in the description of prizes, valued as set forth in the value of prize(s), which amount will be taxable to the winner and reported to the required taxing authorities.
(iii) All prizes must be claimed and redeemed by the deadline for claiming/redeeming prize(s).
(iv) All prizes will be awarded.
b. No substitution or cash equivalent of prizes will be granted except at the sole option of Sponsors of a prize of comparable or greater value.
c. Limit one prize per individual, family, or household for each contest.
d. Limit one winner per individual, family, or household every thirty (30) calendar days on prizes valued from $5.00 to $500.00 for all contests conducted by any of the Sponsors.
e. Limit one winner per individual, family, or household every one hundred-eighty (180) calendar days on prizes valued over $500.00 for all contests conducted by any of the Sponsors.
f. Prizes are non-transferable and non-refundable.
g. ALL TAXES, LICENSING, REGISTRATION, AND OTHER FEES, AND SURCHARGES ON PRIZES ARE THE SOLE RESPONSIBILITY OF PRIZE WINNERS. Prize winners will pay to the Sponsors any applicable sales and/or use taxes associated with the awarding of prizes which the Sponsors are required to collect by taxing authorities. As required under the U.S. Internal Revenue Code and accompanying Regulations, Sponsors will supply prize winners with an Internal Revenue Service Form 1099 for all prizes won which are valued over $600.00.
h. Potential winners may be required to execute and return an affidavit of eligibility and public relations and liability release and must, within ten (10) business days of issuance, complete, sign, have notarized, and return all required documentation (including full legal name, address, social security number, date of birth, and telephone numbers). If the potential winner does not return the executed documents within ten (10) business days of their issuance, is ineligible, or cannot or does not comply with these Official Contest Rules, then the potential winner will be disqualified, the prize will be forfeited, and (as applicable based on contest‑specific rules) an alternate winner may be selected, at Sponsors’ discretion, at random from all remaining eligible entries received.
i. By accepting a prize, all winners grant full permission to Sponsors, their officers, directors, employees, advertising and promotional agencies, and anyone authorized by any of them to use the winner’s name, likeness, voice, photographs, videotaped footage, and biographical data, in whole or in part, in any and all media, for the purpose of advertising, publicity, and trade. All winners further agree to the use of their name and likeness for such purposes without limitation and without any compensation whatsoever, except where prohibited by law.
6. Limitations of Liability
a. Sponsors are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in any contest or by any technical or human error that may occur in the processing of entries in a contest. Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, tampering, or unauthorized access to, or alteration of, entries or entry information. Sponsors are not responsible for lost, mutilated, late, postage due, incomplete, incorrect, or misdirected requests for entry forms.
b. Sponsors are not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions whether caused by Sponsors, user, or by any technical or human error that may occur in the processing of entries which may damage a user’s system or limit or interfere with an entrant’s ability to take part in a contest. In addition, Sponsors shall not be responsible for any damage to any computer or other property resulting from participating in, or downloading any materials for, any contest.
c. Sponsors are not responsible for prizes awarded erroneously by software or hardware error or by improper play.
d. By entering a contest, entrant understands and acknowledges that on entrant’s own behalf and on behalf of entrant’s heirs, executors, administrators, representatives, and assigns, the entrant waives and releases any and all rights, claims, and causes of actions whatsoever that entrant may have against the Sponsors, their parents, subsidiaries, affiliates, distributors, agents, officers, directors, and employees for any matter, claim, harm, damage, liability, cost, loss, injury, expense (including all reasonable attorneys’ fees and court costs incurred), cause, or thing whatsoever arising out of, or any way related to, entrant’s participation in the contest, entrant’s registration with the Sponsors, the submission of any entry, or the acceptance, receipt, redemption, or use and/or misuse of any prize and/or goods and services related thereto or participation in any prize‑related activity.
e. PRIZES ARE AWARDED “AS IS” AND SPONSORS NEITHER MAKE NOR ARE IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO A CONTEST OR ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
a. All applicable federal, state, and local laws and regulations apply. These Official Contest Rules shall be governed and enforced pursuant to the laws of the state of Wisconsin.
b. Void where prohibited by law.
c. Additional copies of these Official Contest Rules and contest-specific rules may be obtained by sending a self‑addressed, stamped envelope to the official rules request address or to the station.
d. A list of the names of prize winners for a contest may be obtained by sending a self‑addressed, stamped envelope to the winner(s) list request address or the station. All requests for the list of the names of prize winners must be received by the applicable deadline for receipt of winner(s) list requests.
e. In addition to these Official Contest Rules, a contest may also have additional rules applicable only to that specific contest. Those contest‑specific rules are available in materials detailing the contest and are available upon request. In case of any conflict between these Official Contest Rules and the contest‑specific rules, the contest‑specific rules shall control.
“This One’s For the Girls 2012” Contest
Backyard Broadcasting South Dakota Stations: KRRO-FM, KELO-FM, KELO-AM, KWSN-AM, KTWB-FM, KSQB-FM, KXQL-FM
1. Contest runs August 21, 2012 and ends November 10th, 2012.
2. Terms and Conditions of Entry: NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS APPLY. Prizes are non transferable and not negotiable. Only one sponsor contest prize may be won per household during this contest. Households who win sponsor contest prizes are eligible to win the grand prize. This multi-station contest “This One’s For The Girls 2012” ("Contest") is operated by Backyard Broadcasting South Dakota, LLC (“Company”), d/b/a as Stations KRRO-FM, KELO-FM, KELO-AM, KSQB-FM, KTWB-FM, KWSN-AM and KXQL-FM (“Stations”). THESE RULES WERE INITIALLY PUBLISHED ON 08/21/2012 and revised on 8/29/2012.
3. Eligibility: Grand prize winner must be a resident of South Dakota, Minnesota, Iowa or Nebraska and 21 years of age and older at time of entry. You must have a valid street address in the state of South Dakota, Minnesota, Iowa or Nebraska (a P.O. Box address will not suffice). Other prizes in contest can be won by persons 21 years of age and older at the time of entry. Employees or agents of the Company, STATIONS, contest sponsors, other radio stations in the Sioux Falls, South Dakota area and each of their respective affiliates, subsidiaries, and parent companies and the immediate family members (i.e., spouses, parents, grandparents, children, grandchildren, and siblings) of each and persons domiciled with such persons are not eligible to participate.
4. Prizes: Approximate value of grand prize package is $8,358.00 in the form of a pre-paid 42-month lease (or $5,000 cash) provided by Billion Automotive. Grand Prize package consists of but is not limited to: a 42-month lease on a 2012 Fiat 500 Pop valued at $8,358.00 or $5,000.00 in cash from the company (the company is pre-paying this 42-month lease for winner, however winner will have some obligations, which will include but not be limited to credit qualification and payment of applicable taxes, license, and insurance. See Exhibit A and sample leases for full details.) Other prizes in “Contest” will be given away by random drawings during live broadcasts at sponsor locations. One prize to be given away per sponsor location. These prizes include but are not limited to: A Tempurpedic bed from Beds & Beds valued at $3,000.00; sewing machine from Fonder Sewing valued at $850.00; Health products from Vitality Chiropractic valued at $500; a razzle dazzle bridal rental package from ABC Rental valued at $500.00; five $100.00 household battery kits from Interstate Battery; five $100.00 gift cards from Boutique Jillian; two $350.00 cosmetic vein procedures from Physician’s Vein Clinic; five $100.00 gift cards from Lillian’s Shoppe; A Samsung Galaxy Tablet from Sprint valued at $499.00; $500 gift card from Mahlander’s; Founder’s Membership from Welcyon valued at $650.00; $500 dollars cash from Dollar Loan Center; ten $100.00 party tabs from Ten Pin Alley; A granite table top with four chairs from ReSale Living valued at $600.00; two $250.00 gift cards from Weigh2Go Weight Loss Center, four hour party bus from Royal Limo valued at $500.00; Five $100.00 mall gift cards from Advana Mortgage; A Color Your Life paint package from Nyberg’s ACE, five $100.00 gift cards from Bros. Brasserie and one year total gaming experience from Burnside Game Place. Prizes are not transferable, cannot be substituted, altered or negotiated.
5. Odds: The odds of winning depend on the number of participants. Winner is responsible for paying all applicable local, county, state and federal taxes on prizes. IRS 1099 forms for all prizes won from Stations (where the aggregate value of all prizes is $600 or more) will be issued to contest winner. Winner must provide proper identification and social security card (to verify their social security number) to claim prizes.
6. How to Enter/Contest Mechanics: August 21st, 2012 through November 10th, 2012, contest can be entered at sponsor locations during “live action broadcasts” though register-to-win forms during times of broadcasts. A minimum of one-hundred (100) semi-finalists will be drawn from live action broadcast events at sponsor locations during run of Contest. Contest can also be entered at Stations’ websites. On-line entry deadline is 11:59 PM Monday November 5th, 2012. Maximum of twenty (20) semi-finalists will be drawn from on-line entries. Five (5) semi-finalists will be randomly selected from enter-to-win registration during Grand Prize Event at Billion Fiat, 69th & Louise Avenue, Sioux Falls, SD Saturday November 10th, 2012 between 11:00 AM and 1:00 PM. All semi-finalist entries will be put into one qualifying pool of no more than one-hundred twenty-five (125) semi-finalists who must be present to win at grand prize event ceremonies during a live broadcast on November 10th 2012 at Billion Fiat. Semi-finalists will be determined at the sole and absolute discretion of Stations’ management. Stations will make a reasonable attempt to notify semi-finalists by telephone and letter. Voicemail messages will be deemed received. Time of broadcast 11:00AM to 1:00 PM November 10, 2012. Registration from 11:00 AM to 1:00 PM, November 10th, 2012. Prize ceremonies will take place November 10th, 2012 at conclusion of the grand prize drawing event, and all qualifiers must be present to win. Winner will be selected at this event. Winner must be present at grand prize pickup ceremony on Friday, Monday November 12th at 12 noon, 2012 12:00 PM at Backyard Broadcasting, 500 S. Phillips Ave, Sioux Falls, SD 57104 with all proper identification to execute documents and claim prize.
a. Each final qualifier receives a key and one key will open the prize box. The qualifier whose key opens the Prize box wins the grand prize. Only one key will open prize box. Contest ends once a key opens the prize box. Blank keys provided by Backyard Broadcasting.
b. Should grand prize winner choose not to accept grand prize package, prize is forfeited. Under no circumstances will any cash prize substitutions (other than those specifically mentioned above) be offered. In the event of prize forfeiture, a random drawing will be held at the Company’s time and choosing to determine alternate contest winner following end of contest. Remaining qualifiers in attendance at the October 1, 2012 event at Luxury Auto Mall of Sioux Falls will be eligible for any such alternate winner random drawing. Contest is deemed complete upon acceptance of grand prize package at time of prize pick-up and execution of all winner release forms at Stations’ offices at the designated day and time. The Winner accepts the prize package as valued and acknowledges that the package must be either accepted or declined in its entirety. There will be no option to accept a portion of the prize package. The Company will make a good faith effort to verify the values provided by the prize sponsors, but is in no way responsible for any inaccuracies with respect to valuation. The Winner may chose not to accept the prize package as their sole remedy for any alleged discrepancies in value. The Winner understands that by accepting the prize package they have expressly agreed to be responsible for any tax liability associated with the stated value of the prize package.
7. Limitation on Liability: By entering, all entrants release the Company and Stations and their respective affiliates, subsidiaries, parent companies, officers, directors, agents, promotional partners and employees from any and all liability with respect to or in any way arising from this Contest and/or acceptance or use of the prize. The Company and Stations are not responsible for any incorrect or inaccurate information or for any technical or human error which may occur in the processing of entries, including any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or errors of the U.S. Postal service. The Company and Stations are not responsible for cheating or fraud by any entrants. If, for any reason, the Contest is not capable of operating as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Company and Stations, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Company and Stations reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and award prizes among eligible entries received.
8. Permission: By participating, winners grant permission for their picture, voice and telephone call to be recorded, rebroadcast and posted on Backyard Broadcasting station websites and promotional and sales materials for use by the Stations. Winner hereby grants Company a perpetual worldwide, non-exclusive, royalty-free sub-license (through multiple tiers), right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote their picture and voice, in all media now known or hereinafter created.
9. Contest Disputes: Stations’ Management shall be the sole arbiters of the Contest and in the interpretation of Contest rules. Their decisions shall be final. Entry into the Contest constitutes agreement by contestants to abide by these rules, as well as any other rules established by Stations. Stations reserve the right to change, alter, or modify these rules or to stop the Contest at any time with or without written notice.