KLOS’ “KLOS 5K Band of the Day” Contest
A complete copy of these rules can be obtained at the offices of radio station KLOS-FM (“Station”), owned and operated by Cumulus Radio Corp., 8965 Lindblade Street, Culver City, CA 90232, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the “KLOS 5K Band of the Day” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply.
- This Contest is open only to legal U.S. resident’s age eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio. Void where prohibited by law. Employees of Cumulus Media Holdings Inc., its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Period. The Contest will begin at 9:00am PT on January 14, 2019 and will run through 6:00pm PT on February 22, 2019 (the “Contest Period”) (excluding any other dates and times as solely determined by Sponsor). The Station’s computer is the official time keeping device for this Contest.
- How to Enter and Qualify. Listen to the Station weekdays from 9:00am to 6:00pm during the Contest Period. Each weekday morning, FHF will announce the $5K Band of the Day and which hours they will play between 9am-6pm Monday-Friday’s for the duration of the contest period. The other KLOS on-air DJ’s will continue to promote the band of the day and what times they will play throughout the day as well. When the station plays a song from the “$5K Band of the Day” that will serve as the cue to call the Station at (800) 955-KLOS. Caller 25 to the Station, as determined by the Station in its sole discretion, will win the daily qualifying prize which consists of One (1) Twenty-Five dollar ($25) gift card to Carl’s Jr., and be entered into the weekly drawing for a chance to win the $5,000.00 Weekly Grand Prize. The station will play the “$5K Band of the Day” a total of 6 times a day. Once you qualify to win the weekly Grand Prize you are automatically eligible to win the weekly Grand Prize throughout the duration of the contest. The weekly Qualifying Prize will be provided by Carl’s Jr., and will be up to the radio stations sole discretion on selecting the qualifying prize and or including a Qualifying Prize in the contest. Carl’s Jr, is only responsible for providing qualifying prize and is in no way responsible for providing the $5,000.00 Weekly Grand Prize. Time Delay Between Over-the-Air Analog Signal and Internet Broadcast: Due to the time delay that exists between the Station’s analog over-the-air signal and the Station’s online webcast, listeners who listen to the Station online may hear the cue to call later than listeners listening to the Station’s analog over-the-air signal. As a result, the odds of an online listener entering this Contest on-air may be diminished.
- Winner Selection. On or about 5:30pm each Friday during the Contest Period, the Station will select one (1) qualifiers name for the weekly $5000.00 Grand Prize in a random drawing from among all valid participants who qualified each day of the contest period. Everyone who qualifies for the duration of the contest will be in the running for the weekly $5000.00 Grand Prize. The winning entrants name will be announced on-air. Once that announcement is made the winning entry will have 9:59 minutes to call the radio station to claim their prize. If the winner does not call back within the 9:59 minute time period they will forfeit the prize and no one will win the $5,000 that week. If no one calls to claim the prize the $5000.00 weekly Grand Prize will roll over to the next week and the KLOS $5K Band of the Day contest will become the KLOS $10K Band of the Day contest. This will continue for the duration of the contest. Once we have a weekly Grand Prize winner the Grand Prize will go back to the $5000.00. Only way to claim the Grand Prize is to call within those 9:59 minutes. Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within ten (10) minutes of notification will result in disqualification.
- Verification of Potential Winners. POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be notified by email and/or telephone call after the date of random drawing and/or winners determination. The potential winners will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the Contest Prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
- Weekly Prizes. Six (6) Weekly Prizes can be awarded during the Contest Period. Each Weekly Prize consists of a check in the amount of $5,000.00 USD. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of qualifying depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time; odds of a qualifier winning a Daily Prize are approximately 1:11. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason.
- Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Cumulus Media Inc., and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize. By entering, each participant further agrees to receive marketing communications from the Station via any medium, known and unknown. Any participant who opts-out of these communication also remove himself/herself from the Contest. By participating in the Contest, where allowed by law, participants agree that the Station may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
- Except where prohibited, participation in the Contest constitutes winner’s consent to Station’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
- All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest, or any part of it, for any reason, Station, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Contest Sponsor identified below.
CONTEST SPONSOR: Cumulus Radio Corp., KLOS-FM, 8965 Lindblade Street, Culver City, CA 90232