KLOS FROSTY, HEIDI AND FRANK’S STAY OR GO
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF BEING SELECTED.
1. HOW TO ENTER
a. These rules govern the Stay or Go Promotion (the “Promotion”) conducted by KLOS Radio, LLC (“95.5 KLOS” the “Station”). This Promotion is governed by these official rules (the “Rules”) as well as by the General Contest Rules available at www.955klos.com (the “General Rules”). In the event that there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual or group who enters, attempts to enter or in any way participates or attempts to participate in the Promotion (“Participant”) agrees to be bound by the terms and conditions provided in the Rules and to the extent applicable the General Rules, as well as by all interpretations and decisions of the Rules by Station, which are final and binding in all matters relating to the Promotion.
b. To participate in the Promotion, contestants should go to http://fhfshow.com/f/stayorgo for submission information.
c. Participants, inclusive of all members of the band, must be 18 years of age and older.
d. Participants must provide two (2) high quality digital copies of their original songs (no covers), each under 5 minutes in length along with a fully completed submission form available at http://fhfshow.com/f/stayorgo. Submissions must meet all the requirements listed on the submission form. Incomplete or inaccurate submission forms are not eligible. All works must be original and cannot include samples, cuts, or elements of another third party’s copyrighted works. All songs must be appropriate for public broadcast, as determined by the Station in its sole and exclusive judgment. Songs with obscene or indecent content will not qualify for consideration.
2. SELECTION OF PARTICIPANTS:
a. Producers of the Frosty, Heidi, and Frank show will select songs from all eligible entries to include in the Stay or Go segment. Selection of songs for inclusion is in the sole and exclusive discretion of the Station. Selection of songs for inclusion in the segment is for entertainment purposes only. Listeners call in, and vote “stay” or “go” until the song gets six “stay” votes or six “go” votes. If the song gets six “go” votes before it gets six “stay” votes, the segment is over. If the song gets to six “stay” votes first, then portions of the participant’s second song will be played during the segment. The Station reserves the right to play a second song even if a song receives six “go” votes.
b. All participants songs will be uploaded to the Stay or Go website for online voting. Online voting is for entertainment purposes only. The online voting in no way guarantees future inclusion on the Frosty Heidi & Frank show or the Station. This includes future airplay, promotion, giveaways, or live events. No prize is associated with online voting.
c. All participants will be considered by the Station for potential inclusion in a future 95.5 KLOS concert, Frosty Heidi and Frank event, or 95.5 KLOS promotional event. There is no guaranty of inclusion in any event, and the final decision regarding inclusion is in the sole and exclusive discretion of the Station.
3. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to legal United States residents who are 18 years of age or older and who legally reside in the United States of America. Void where prohibited by law. Employees of KLOS Radio, LLC, Meruelo Media, LLC, either of their respective parent, subsidiary, affiliated, or related companies, and those of any participating sponsors, licensees, parents, subsidiaries and affiliated entities, advertising and promotional agencies, Station participating sponsors, other radio stations in the Los Angeles metropolitan areas, and the members of all their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
a. Publicity Release. As consideration for participating in the Promotion (unless prohibited by law), each Participant authorize and irrevocably grant to the Station and each of their respective direct and indirect subsidiaries, affiliates, partners and related entities, and each of their respective directors, officers, employees, agents, insurers, attorneys, shareholders and representatives, and each predecessor, successor, and assign thereof (the “Station Parties”) permission to, from time to time, reference and discuss Participants participation on-air and/or on the Stations website(s), in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose any Station Party deems proper without any compensation to Participants. By entering, Participants understand that such reference and discussion may involve their name and voice, and other personal/biographical material or their participation on-air. Further, each Participant, by participating in this Promotion, grants to the Station Parties a non-exclusive license to use, reproduce, distribute, perform and display each Submission, including, without limitation, for promotional purposes, for broadcast on the Station, for streaming and downloading on the Station’s websites and for other business, publicity and other promotional purposes.
b. Representations and Agreement to Terms and Conditions. By submitting their materials, each Participant represents and agrees that: (i) they have read these rules; (ii) they fully understand the rules’ contents and the release of legal rights contained herein; (iii) they understand that the release portion is intended to be as broad as permitted by applicable law; and (iv) they voluntarily, and without any inducement, agree to the terms and conditions set forth herein.
c. Governing Law; Severability. This document is governed by the laws of the State of California, as applicable. If one or more portions of this document are found to be unenforceable, the remainder of the document will remain enforceable.
d. Original Content; Ownership. Each Participant, by participating in the Promotion, represents and warrants that they are the exclusive owner of the copyright and all other proprietary rights in their submission. Participants further represent and warrant that they have the right to right to grant to any third party the right to use, reproduce, distribute, perform and display the submission.
e. Indemnity. Participants by participating in this Promotion, agree to release, indemnify and hold the Station, its parent, subsidiary, affiliated, and related stations, and each of their respective owners, shareholders, members, directors, managers, officers, representatives, agents, agencies, employees, disc-jockeys, on-air personalities, insurers, attorneys, predecessors, successors, assigns and related parties and any other parties associated with the Promotion or Station, including advertisers and partners (collectively, the “Released Parties”) harmless against any and all third party claims, demands, costs, fees, causes of action and judgments (including reasonable third party attorneys’ fees) arising out of the breach of any representation or warranty made by Participant or the inclusion of Participant’s submissions in the segment.
f. Release. In consideration for considering Participants for inclusion in the Promotion, each Participant agrees to release each of the Released Parties from all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, infringement actions, identity theft, loss of consortium claims), expenses and attorney fees that Participants or anyone acting on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury, damages or other claims arising out of, involving or relating to their participation in the Promotion, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the negligence or gross negligence of the Released Parties. Participants further covenant not to sue any of the Released Parties. If a court of competent jurisdiction determines that this release is unenforceable, then the Station and Released Parties maximum, aggregate liability under any cause of action shall be $100.
g. Limitation of Liability. The Released Parties shall not be liable for any (i) incorrect, incomplete or inaccurate entry information; (2) human errors; (3) failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software; (4) inability to send a text-message; (5) identity theft; (6) tampering, destruction or unauthorized access to, or alteration of, entries or computer data; (7) network hackers or other unauthorized access to the Station’ computer network(s); (8) data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks; (9) printing errors; (10) equipment malfunctions and (11) late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries. The Released Parties shall not be liable to Participants or winners or any other person for failure to include songs in the segment, in online voting, or in any event associated with the Station. All promotions are subject to cancellation, cessation, or postponement by reason of any acts of God, any actions(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation, interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond the Released Parties’ control. The Release Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever.
h. Right to Cancel/Modify. If for any reason the Promotion cannot be executed as planned, for any reason, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserve the right to cancel, terminate or modify the Promotion as they see fit in their sole discretion. Station may modify these rules or the General Rules at any time, and all submissions shall be subject to the modified rules.
i. Tampering/Cheating. The Station, in its sole discretion, reserves the right to disqualify any Participants for tampering with the entry or selection process, or the operation of telephonic or online voting. Failure to comply with the rules of the Promotion may result in a disqualification. If the Station makes a determination that a Participant has cheated or committed fraudulent activity in connection with the Promotion, Station reserve the right to disqualify that Participant from entering and/or winning future promotions and to prosecute and seek damages to the fullest extent permitted by law. The Station, in its sole discretion, reserve the right to disqualify any votes that are not submitted individually by a voter (e.g. if Station determine that any votes are submitted via any automated computer program or other system of automation, such votes will be disqualified).
j. Errors. Station is not responsible for typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize.
k. Rules- For a copy of these Official Rules send a self-addressed stamped envelope for receipt to “Stay or Go – Official Rules,” Attn: Promotions, KLOS 8965 Lindblade Street, Culver City, California 90232. Any and all decisions of the Station with respect to administration of the Promotion and award of prizes is final and binding and shall be in Station’ sole discretion. These rules will be available on the official website. http://fhfshow/f/stayorgo