NBC UNIVERSAL, INC.
American Gladiators Radio Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THIS SWEEPSTAKES. PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
1. How To Enter: The American Gladiators Radio Promotion (the “Sweepstakes”) begins at 12:00:00 a.m. Eastern Daylight Time (“ET”) on May 5, 2008 and ends at 11:59:59 p.m. Eastern Daylight Time (“ET”) on May 12, 2008 (the “Entry Period”). All entries must be received by 11:59:59p.m. ET on May 12, 2008.
No purchase is necessary to enter the Sweepstakes. All entries and related correspondence become the property of NBC Universal, Inc. ("Sponsor"), WNOR-FM (“Station”), and its Promotional Partners and will not be acknowledged. Limit one (1) entry per person and/or per e-mail address. Additional entries will be disqualified, as will all incomplete entries and all entries not received within the Entry Period. Sponsor, Station, and Horizon Media, Inc., and Impact Marketing & Promotions (collectively, “Promotional Partners”) are not responsible for any electronic miscommunications or failures, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed telephonic transmissions which may limit an entrant’s ability to participate in this Sweepstakes. Use of any automated system or sweepstakes entry service or mechanism to submit entries/place calls is prohibited and will result in disqualification.
2. Eligibility: Entrants must be permanent, legal residents of the 50 United States (including the District of Columbia but excluding Puerto Rico and all other U.S. and foreign territories and possessions and all areas where this Sweepstakes is prohibited by federal, state, provincial, municipal or local law), must be physically present in the U.S. as of the date of entry through and including the date of awarding of the Sweepstakes prizes, and must be 18 years or older on the date of entry and be located within the terrestrial broadcast signal geographic listening area of Station. Employees of Sponsor, Station, Promotional Partners, and their parent, subsidiary, affiliated and joint venture companies, and any advertising and promotion agencies or any other entity involved in the development or administration of this Sweepstakes, as well as members of such employees’ immediate families and households (including children, spouses and siblings and/or other people living in the same households as such persons, whether related or not), are not eligible to participate.
3. Conditions of Participation/Entrant Releases: Entries made by any mass duplication, automatic, robotic, or programmed method, or through any sweepstakes entry, notification or related service, or in any manner not in compliance with the requirements of these Official Rules are invalid and will be disqualified. Lost, incomplete, late, inaccurate, garbled, and/or damaged entries are void. By entering this Sweepstakes, entrants agree to comply with these Official Rules including all eligibility requirements and to comply with all applicable federal, state and local laws and regulations. Entry materials that have been tampered with or altered are void. Entrant unconditionally assigns and transfers to Sponsor all rights, title, interest, and claims that (s)he now has, or may in the future have, to his/her entry. Sponsor and/or its Promotional Partners have the right to use, assign or dispose of such entries however they deem to be appropriate without the approval of, or compensation to, entrants or any third party(s). Sponsor, Sponsor’s Promotional Partners, and any telephone network, cable television, ISPs or other service providers, and their respective parent, affiliated companies, employees, officers, directors, shareholders, agents, and attorneys are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect or failure of any telephone network, computer equipment, or software (including, without limitation, any damage to entrant's or any other person's computer hardware or software resulting from the participation in the Sweepstakes or access to or downloading of materials from the Station Website), for the inability to access any online service or the Station Website, or any other error or malfunction.
Unless prohibited by law, entry into this Sweepstakes and/or acceptance of any prize constitutes permission for Sponsor and its Promotional Partners to use, without additional compensation, worldwide and in perpetuity in any and all forms of media, now known and hereafter devised, for promotional, publicity, and public relations purposes associated with the Sweepstakes including without limitation, online (including, without limitation, posting on a website(s)) any winner’s or participant’s name, photo, likeness, biographical information, statement, voice and/or address (city and state). By participating, entrant (i) agrees to release and hold Sponsor, Station, the Promotional Partners, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy) arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or the acceptance, possession, misuse, nonuse or use of any prize (including any travel or activity related thereto); (ii) waives all rights to claim direct, indirect, punitive, incidental and consequential damages, attorney’ fees or any damages of any kind; (iii) agrees to be bound by these Official Rules and the decisions of the Sponsor and its representatives, which are final and binding on all matters relating to the Sweepstakes, and (iv) agrees to waive any right to claim any ambiguity or error in these Official Rules, or the Sweepstakes itself.
4. Winner Notification: Winner(s) will be notified by telephone, email and/or mail. Station will make two (2) attempts to contact the winner(s) within 72 hours from the time of the winner’s selection. If Station is unable to reach a potential winner within this time frame, he/she may be disqualified and an alternate may be selected, in Station’s and/or Sponsor’s sole discretion. Winner(s) may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and a Publicity Release (unless prohibited by law) within time frame specified by Station, Sponsor, or its designated
Promotional Partner(s). If the Affidavit and Release and the Publicity Release are not returned within such time period, the prize may be forfeited and an alternate winner may be selected from among all eligible non-winning entries received. If any prize notification, communication or correspondence of any kind or any prize is returned as undeliverable, the corresponding prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion.
5. Prizes: Ten (10) Daily Prizes: “Gladiator Get Fit” kits, each consisting of a branded gym bag filled with a Nerf Buzzsaw game, fitness towel, tank top, water bottle, pedometer, exercise band, jump rope, energy bar and sports drink. Approximate retail value of each Daily Prize (“ARV”): One hundred dollars ($100). One (1) Grand Prize: A trip for two (2) to Los Angeles, CA (“City”) to attend a taping of American Gladiators. Trip includes: Roundtrip coach airfare for two (2) to City; standard double occupancy hotel accommodations for three (3) days / two (2) nights; funds for roundtrip airport transfers in City; two (2) tickets to attend a taping of American Gladiators (the “Event”); and round-trip group transportation to the Event. Approximate retail value of Grand Prize (“ARV”): Two thousand one hundred and fifty dollars ($2,150). ARV of all prizes combined: Three thousand one hundred and fifty dollars ($3,150).
Actual value of Prize will vary depending on point of departure and the seasonal fluctuation of hotel rates and airfares. Any difference between actual value and ARV will not be awarded. If a Prize winner’s current residence is located less than two hundred and twenty-five (225) miles from City, Sponsor may, in Sponsor’s sole discretion, provide round trip ground transportation instead of round trip coach air transportation to the Prize winner and his/her companion. Any costs associated with prize receipt and/or use that are not expressly stated above are not included in the Prize and are the responsibility solely of the winner and/or his/her travel companion, as the case may be. Such costs may include, without limitation, ground transportation not specifically referenced as being a part of the Prize, meals, incidentals, tips, telephone calls, and other personal costs and expenses not specified herein but relating to the use or acceptance of the Prize. Potential Prize Winner must be able to travel on specified dates (to be determined by Sponsor) and must arrange travel with Sponsor’s agent at least sixty (60) calendar days in advance of the those dates. If Winner and travel companion cannot travel on the dates specified by the Sponsor, then Winner and Sponsor may agree upon alternate travel dates (the “Alternate Travel Dates”), but Winner shall forfeit the Event component of the prize, shall accept the remaining elements of the Grand Prize trip as full satisfaction of Sponsor’s prize obligation, and no other/additional compensation or prize element(s) will be awarded. If Winner elects to travel on Alternate Travel Dates, Winner must provide Sponsor’s agent with request for travel no later than sixty (60) calendar days prior to the desired departure date, and Winner-requested travel dates are subject to availability and blackout dates. Should the American Gladiators taping be cancelled due to unforeseen circumstances, Sponsor will provide an alternative NBC show taping in its sole discretion. All travel must be completed by 5/31/09. Additional restrictions may apply. Travel itinerary may not be changed, except by Sponsor in its sole discretion, after it has been established. Each Prize Winner and his/her travel companion will be required to travel on the identical itinerary, including the same departure date and location, the same destination and the same return date. Each Prize Winner and travel companion are responsible for obtaining identification documents and/or other travel documents required for the trip, as well as for complying with all other legal requirements for travel. Sponsor will not replace any lost or stolen tickets, vouchers, certificates or other prize items once they have been sent to winner. Winners may not substitute, assign or transfer prize or redeem prize for cash, except that Sponsor reserves the right in Sponsor’s sole discretion to substitute a prize or prize component with one of comparable or greater value. All details of the Event component of the Prize to be determined by Sponsor, in its sole discretion, subject to availability and production exigencies. Prize winner must sign Sponsor’s standard release (as applicable) in order to accept this portion of the prize. The Prize winner must be available on the dates selected by Sponsor.
6. Prize Details/Restrictions: Grand Prize winner is solely responsible for all expenses and costs associated with acceptance and/or use of the Grand Prize not specifically stated herein as being awarded, including, without limitation, any and all federal, state and local taxes. All prize details are at the sole discretion of the Sponsor. If Grand Prize winner cannot accept prize (or any portion thereof) as stated, prize will be forfeited and at Sponsor's discretion, an alternate winner may be selected. In the event that any prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded. No cash or other substitution, assignment or transfer of any prize permitted (except at the Sponsor’s sole discretion), who reserves the right to substitute a prize (or any component thereof) with another of comparable or greater value.
7. Prize Conditions: Each potential Prize winner will be required to execute an Affidavit of Eligibility, a Liability Release, a Tax Acceptance Form, and, except where prohibited by law, a Publicity Release (the "Winner’s Affidavit/Release"). The travel companion of a potential Prize winner must (i) be a U.S. citizen or lawful permanent U.S. resident residing in the 48 contiguous United States or the District of Columbia, (ii) be 18 years of age or older as of the date of travel, and (iii) sign, notarize and return an Affidavit of Eligibility, a Liability Release, a Tax Acceptance Form, and, except where prohibited by law, a Publicity Release prior to travel documents being issued (collectively, the “Companion Release”). The Winner’s Affidavit/Release and the Companion Release must be signed and returned by the date and/or time indicated in such documents. If a potential Prize winner and/or his or her travel companion fails to sign and return any portion of the Winner’s Affidavit/Release and/or the Companion Release, as the case may be, within the specified time, or if an entrant is found to be ineligible, or if an entrant does not comply with the Official Rules, then the potential winner will be disqualified and an alternate potential winner may be selected, time permitting. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem said prize. Sponsor is not responsible for fraudulent calls or emails made to entrants by third parties. All federal, state and/or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the winner. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use, in perpetuity on a worldwide basis, the winner's and his/her travel companion's name, photograph, likeness, statements, biographical information, voice, and address (city and state) for promotional or advertising purposes in connection with this Sweepstakes in all forms of media, now or hereafter known, without the winner’s/travel companion’s review or permission, and without the payment of further compensation. All entries are subject to verification prior to the awarding of a Prize, as are the eligibility, age, and other claims of/information provided by a potential prize winner. If any prize or prize notification is returned as undeliverable, this will result in disqualification and forfeiture of prize, and an alternate winner may be selected, time permitting. Sponsor reserves the right to modify the notification procedures in connection with the selection of the alternate winners, if any.
8. Reservation of Rights; Limitation of Liability: Sponsor reserves the right to cancel, terminate or modify this Sweepstakes in the event that this Sweepstakes is not capable of being conducted or completed as planned for any reason including, without limitation, as a result of computer virus(es), bugs, tampering, or technical failures of any kind. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to pick winner(s) in a random drawing (or using any other method, in Sponsor’s discretion) from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. If the Sweepstakes is cancelled or terminated, notification will be posted on the Station Website. In the event of a dispute as to the identity of an e-mail entrant (as applicable), the Authorized Account Holder of the e-mail address submitted/used at time of entry will be deemed to be the entrant. “Authorized Account Holder” means the natural person to whom the e-mail address is assigned by an internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. A potential winner may be required to provide proof to Sponsor and/or its agents that he or she is the Authorized Account Holder of any e-mail address associated with a potential winning entry. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Sweepstakes in any manner. If disqualified, Sponsor reserves the right to terminate entrant’s eligibility to participate in this Sweepstakes. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSONS RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from these Official Rules and shall not affect the validity and enforceability of the remaining provisions. The failure of the Sponsor, Station, or Promotional Partner to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside the control of either (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
9. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“the JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
10. Prize Winner List Requests: For a list of winner(s), mail a self-addressed, stamped envelope to: American Gladiators Sweepstakes Winner's List Request, c/o Impact Marketing & Promotions, 19236 Cammie Lane, Tarzana, CA 91356 after May 13, 2008. Requests received after July 13, 2008 will not be honored.
11. Copies of Official Sweepstakes Rules: You may obtain a copy of these Official Rules from WPRO-FM from May 5, 2008 through May 13, 2008 or from Impact Marketing & Promotions, from May 5, 2008 through May 13, 2008. For a copy of the Official Rules, mail a self-addressed, stamped envelope to: American Gladiators Sweepstakes Official Rules Request, c/o Impact Marketing & Promotions, 19236 Cammie Lane, Tarzana, CA 91356. Requests received after July 13, 2008 will not be honored.
All FM99/WNOR General Contest Rules (attached) apply, and all decisions of FM99/WNOR are final.
SAGA COMMUNICATIONS, INC. GENERAL CONTEST RULES
Wherever the words FM99/WNOR appear in these rules, they include the business entity to which the station is licensed, and any member companies, parent corporations, and affiliates. For example, Tidewater Communications, LLC would include Saga Communications of New Hampshire, LLC, its sole member, Saga Communications of New England, LLC, and its sole member, Saga Communications, Inc. Columbus Radio Group would include Franklin Communications, Inc., its sole stockholder, Saga Broadcasting, LLC, and its sole member, Saga Communications, Inc.
1) No purchase is necessary to enter any FM99/WNOR contest.
2) All contestants must be permanent residents of Virginia or Northeastern North Carolina within range of the FM99 air signal and must provide FM99/WNOR with a valid form of identification and Social Security number satisfactory to FM99/WNOR management.
3) Subject to rule (4) below, all contestants must be at least 18 years old to be eligible to participate in contests that include hotel/motel accommodations, motor vehicles, boats, and/or air travel as prizes.
4) All contestants must be at least 21 years old to be eligible for all contests affiliated with an alcoholic beverage manufacturer or distributor.
5) One entry per household will be permitted to participate in a contest. A "household" is defined as any individuals residing at the same address. All individuals/households receiving a prize valued at $500.00 or more on FM99/WNOR may be issued a 1099 Federal Income Tax Form by FM99/WNOR, and are ineligible to win a prize valued at $500.00 or more for a period of one calendar year from the date of winning. If it is determined that a selected contestant is ineligible as a result of one or both of these restrictions, another contestant will be selected. This selection procedure will continue until these restrictions are satisfied.
6) Anytime the FM99/WNOR on-air studio is called, it is assumed by the caller that the phone call is being recorded and may be broadcast. The caller grants permission to FM99/WNOR to broadcast the call or record the call for later broadcast.
6a) For telephone contests, listeners may enter by calling (757-366-9999). If any problems are discovered by FM99/WNOR, different call-in numbers or addresses may be substituted and utilized after those numbers and addresses are broadcast on FM99/WNOR. In the event a caller is disconnected during a contest before his/her name and phone number is recorded, then the prize will be awarded to the next caller whose name and phone number are recorded. The person operating the telephone at FM99/WNOR has the final decision as to who is the winning caller.
7) For contests requiring written entry forms, they may be faxed to (757-366-0022), e-mailed to a contest specific address on (www.fm99.com), or mailed/delivered to FM99/WNOR – (870 Greenbrier Circle, Suite 399, Chesapeake, VA 23320). All entries become property of FM99/WNOR and will not be returned. FM99/WNOR reserves the right to retain any or all contest materials for any reason that FM99/WNOR deems necessary to the completion of the contest, or reasons relating to publicity and/or advertising. FM99/WNOR shall have no responsibility for a contestant’s failure to win or claim any prize based on difficulties with telephone, facsimile, email, or internet difficulties, or any circumstances in any contest.
8) Any specific rules and/or restrictions pertaining to individual contests (entry dates, a limit on number or words on an entry, etc.) will be disclosed in on-air announcements.
9) Prizes must be picked up by the winners at the FM99/WNOR business office or other pre-arranged or pre-announced location within thirty (30) days of notification to the winner, unless there is a deadline date by which the prizes must be picked up, in which case, that date will be specifically stated. Otherwise, failure to pick up the prizes by the deadline will result in the forfeiture of the prize, which shall remain the property of FM99/WNOR. FM99/WNOR assumes no liability for the delivery of prizes.
10) In the event the winner is subject to, or the subject of, any order or legal process issued by any governmental agency having jurisdiction over the affairs of the winner (i.e. garnishment, child support order, judgment, lien, and the like), FM99/WNOR's delivery of the prize to the official representative of the governmental entity claiming a right to the prize shall be thus deemed as FM99/WNOR awarding the prize to the winner. FM99/WNOR shall be entitled to rely in good faith, upon any documents presented by the representative seeking to collect the prize in lieu of the winner. FM99/WNOR shall not be liable for any claim by any winner for damages incidental thereto.
11) As a condition of entering a contest, contestants must agree that upon winning, they will consent to the use of their name, likeness, and all verbal and written communications with FM99/WNOR for publicity purposes.
12) Employees of FM99/WNOR (Tidewater Communications, Inc.), (and its ultimate parent company, Saga Communications, Inc.), their advertising agencies, affiliates, contest sponsors, employees and immediate families of each, and employees of all media of mass communication within a one hundred mile radius of the (station name) main studio are not eligible to win any contest. Immediate family includes the spouse, great-grandparents, grandparents, parents, brothers, sisters, children, grandchildren, and great-grandchildren of the employee and his/her spouse. This also includes individuals for whom the employee is current legal guardian.
13) All prizes are non-transferable and are not redeemable for cash. FM99/WNOR reserves the right to substitute a prize of similar value. FM99/WNOR cannot be held responsible for unforeseen cancellations or delays of concerts/events or transportation caused by weather, promoter or performer.
14) Winners are solely responsible for all applicable local, state and federal taxes. Winner may be issued a 1099 MISC federal tax form if in one calendar year the prize value of all prizes won in contests from FM99/WNOR and/or participating co-sponsors exceeds $600.00.
15) FM99/WNOR,(TIDEWATER COMMUNICATIONS, INC.), assumes no liability for liability, damages, situations, repairs, or incidents arising from any aspect of any prize awarded in any contest. FM99/WNOR, (TIDEWATER COMMUNICATIONS, INC.), all participating co-sponsor companies and their advertising and promotional agencies, affiliates thereof, employees, and immediate families of each absolve themselves and shall be held harmless from any action or liability arising from any contest or prize awarded in any contest. As a condition of entering a contest, participants may be required, upon winning, to sign a release form and affidavit of eligibility to claim their prize. Failure to do so will result in forfeiture of the contestant’s right to claim or receive the prize.
16) The following are specifically related to E-contests and E-Mail Club promotions on (www.fm99.com):
a) All appropriate information in required fields must be filled out or contestants will be disqualified.
b) To be eligible to win a prize, a contestant must reside within the listening area of FM99/WNOR, as defined within the exclusive discretion of FM99/WNOR management.
c) Any problems with the internet or email are not FM99/WNOR's responsibility.
d) Contestants who attempt to register to participate on FM99/WNOR’s websites may be required to produce a printed copy of proof of registration before being allowed to participate in the contest.
17) All giveaways and contests are void where prohibited by law. All local, state and federal regulations apply. As a licensee of the FCC and a trustee of the public airwaves, FM99/WNOR reserves the right to interrupt and/or discontinue any contest or promotion (and not award the offered prize) at the discretion of FM99/WNOR management if world events, the national mood, or public safety so warrant. FM99/WNOR reserves the right to disqualify any winner if the contest rules have been violated in any way. FM99/WNOR reserves the right to amend the rules to any contest at any time. All decisions of FM99/WNOR are final.
18) Although FM99/WNOR will make reasonable efforts to conduct its contests substantially as announced or advertised, FM99/WNOR reserves the right in extraordinary situations to change or modify the rules of its contests as exigent circumstances may require. In such cases, FM99/WNOR will amend the rules for that contest and broadcast the amended rules as promptly as possible. In such case, the contest will be conducted in accordance with the amended rules.
19) A copy of these rules are available during business hours at the FM99/WNOR studios, (870 Greenbrier Circle, Suite 399, Chesapeake, VA 23320).
(revised 4/27/07)
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