SWEEPSTAKES RULES
2013 Whale/Wild 104 Most Refreshing Summer
Personal Watercraft Giveaway
The following rules govern the 2013 Whale/Wild 104 Most Refreshing Summer Personal Watercraft Giveaway (“Sweepstakes”), sponsored by WWYL(FM), Chenango Bridge, New York and WAAL(FM), Binghamton, New York (the “Stations”). The Sweepstakes is operated by Townsquare Media Binghamton, LLC (the “Company”), which is the sole shareholder of the FCC licensee of the Stations.
1. The Sweepstakes is scheduled to begin on Saturday, May 25, 2013 and end on Saturday, August 24, 2013. The sole prize to be awarded is a GTI Limited 155 Model Sea Doo Jet Ski with trailer, which has an estimated value of $11,128 (the “Grand Prize”). There will be NO option to receive cash in lieu of the Grand Prize.
2. No purchase is necessary to enter the Sweepstakes. All federal, state, and local laws and regulations apply. The Sweepstakes is void where prohibited. The Stations will periodically broadcast the key terms of the Sweepstakes rules on the Stations during the course of the Sweepstakes.
3. The Sweepstakes is open to all eligible U.S. residents of New York State, 21 or over with a valid photo state issued ID or driver’s license. Each entrant must have a valid street address in the state of New York in order to qualify (a P.O. Box address will not suffice). Employees, directors, officers, and agents of the Company, the Stations, the Sponsoring Retailer (defined below), and the parent companies, divisions, dealers, retailers, affiliates, subsidiaries, distributors, advertising and promotional agencies and suppliers of each, and immediate families or significant others of each, and employees of all media or mass communication within a one hundred (100) mile radius of the Stations’ main studio (located at 59 Court Street, Binghamton, NY 13901) are not eligible to enter or win the Sweepstakes. Immediate family includes the spouse, great-grandparents, grandparents, parents (including in-laws), brothers, sisters, children, grandchildren, and great-grandchildren of the employee and his/her spouse, including step-relatives. This also includes individuals for whom the employee is current legal guardian. Employees of alcoholic beverage retailers and distributors and their immediate family members are also not eligible to enter to win.
4. By participating in this Sweepstakes, each entrant grants permission for his or her picture, voice and/or telephone call to be recorded, rebroadcast and posted on Company websites and promotional and sales materials for use by the Stations. The winner of the Grand Prize (the “Grand Prize Winner”) hereby grants the 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 his/her picture and voice, in all media now known or hereinafter created.
5. The odds of winning the Grand Prize will depend on the number of participants. The Grand Prize Winner will have certain obligations, including but not limited to taking responsibility for the payment of applicable taxes, licenses, insurance, dealer prep fees and tags. The Grand Prize Winner will be required to complete the appropriate tax forms at the Stations’ main studio prior to claiming the Grand Prize. The Grand Prize Winner will be sent a 1099 MISC federal tax form.
6. The Grand Prize Winner will be expected to claim the prize from a certain watersports retailer within the Binghamton/Cortland area (the “Sponsoring Retailer”) during standard business hours, Monday through Friday (excluding holidays) within thirty (30) days of being notified that they are the winner. The Grand Prize Winner must possess a valid New York photo I.D.(acceptable to the Sponsoring Retailer), bearing the picture of the contestant and social security card (to verify their social security number) that will be presented to the Sponsoring Retailer and accepted before the prize is awarded. The Grand Prize will be forfeited if not claimed as outlined above. The name and location of the Sponsoring Retailer will be provided to the Grand Prize Winner at least thirty (30) days prior to the deadline for the Grand Prize Winner to claim the Grand Prize.
7. The Grand Prize is not transferable prior to its claim by the Grand Prize Winner. No substitution for a prize will be made at the request of the Grand Prize Winner.
8. How to Play:
a. Beginning May 25, 2013 and ending on August 17, 2013, eligible entrants at each of the four participating grocery/retail stores to be determined by the Company may submit entries to the Sweepstakes to win the Grand Prize through a link on each of the Stations’ websites: 991thewhale.com and wild104fm.com and entering the valid “Bonus Code” associated with each participating grocery/retailer available at its “Most Refreshing Summer” display. No purchase will be necessary to participate in the Sweepstakes by entering the Bonus Code. A total of forty (40) persons – ten (10) persons from each of the four participating grocery/retailers providing correct online Bonus Codes will be selected at random as qualifiers who will be eligible to participate in a Sweepstakes for the Grand Prize at the final event, to be held on August 24, 2013 (the “Final Event”) (each person a “Qualifier”). The persons entering this “online” option who are chosen as Qualifiers will be notified via text, e-mail or standard mail regarding their selection as Qualifiers and the date, time and location of the Final Event. Such notification shall occur at least seven (7) days prior to the date of the Final Event. Online entries must be received by 11:59 pm on August 17, 2013.
b. Between May 25, 2013 and August 24, 2013, the Stations intend to hold approximately twenty (20) events where the Grand Prize will be on display. At each event, attendees will be invited to complete a registration card. A person may enter the Sweepstakes at each event location, but may not enter more than one (1) card at any single event. Any additional attempts to enter will automatically be void and any prize awarded to an ineligible contestant will be deemed null and void. At each of the twenty (20) events, ten (10) persons will be selected at random as Qualifiers who will be eligible to participate at the Final Event. Each Qualifier must be present on the day of entering the Sweepstakes. No substitutions will be permitted. All Qualifiers will be notified of their selection as a Qualifier, either on the day of the event, or via e-mail or standard mail by August 17, 2013.
c. On August 24, at the Final Event, one final person will be selected at random as a Qualifier. The Company expects a total of two hundred forty one (241) persons to be selected as Qualifiers.
d. At the Final Event location, the Qualifiers (not to exceed 241 persons) will be grouped in smaller groups, as evenly as possible. Eligible Qualifiers will be randomly selected, and will draw a key fab with a 3-digit number on the back. If that 3-digit number unlocks the “safe” the Qualifier becomes a Sweepstakes Semi-Finalist. There will be ten (10) Sweepstakes Semi-Finalists. Each Sweepstakes Semi-Finalist will select a key. If that key opens the lock and/or starts the ignition of the Grand Prize, that Sweepstakes Semi-Finalist will be selected as the Grand Prize Winner.
e. The locations of each event will be announced on the Stations each day during the course of the Sweepstakes. At least two unaffiliated retailers will be included in these announcements. The Stations will promote where the “next” location to enter will be. It is the interested parties’ responsibility to find their own transportation to events to enter. There may be only one (1) Qualifier per household and mailing address, per location.
f. Qualifiers must be present at the Final Event location on Saturday, August 24, 2013 to win, and must be checked in with Sweepstakes personnel by 5pm on that date to remain eligible.
9. Limitation on Liability: By entering, all entrants release the Company, the Stations and MillerCoors LLC 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 Sweepstakes and/or acceptance or use of the prize. Neither the Company nor the Stations are 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. Neither the Company nor the Stations are responsible for cheating or fraud by any entrants. If, for any reason, the Sweepstakes 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 the Stations which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Company and the Stations reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Incomplete or illegible entries or registrations may be disqualified.
10. The Company is not responsible for any lost mail, incorrect addresses, incorrect phone numbers or failure to notify any Qualifier based on information provided by any entrant to the Sweepstakes. All entries and registrations become the property of the Company and may not be acknowledged or returned.
11. As a licensee of the FCC and a trustee of the public airwaves, the Stations reserve the right to interrupt and/or discontinue any Sweepstakes or promotion (and not award the offered prize) at the discretion of Company management if world events, the national mood, or public safety so warrant.
12. Sweepstakes Disputes: The Company shall be the sole arbiter of the Sweepstakes and the interpreter of Sweepstakes rules. Its decisions shall be final. Entry into the Sweepstakes constitutes agreement by contestants to abide by these rules, as well as any other rules established by the Company and the Stations.
13. The Stations reserve the right to disqualify any winner if any Sweepstakes rules are violated in any way. The Stations reserve the right to refuse awarding any prize to a person who is determined to have violated a Sweepstakes rule as outlined above, gained unfair advantage in participating in the Sweepstakes, or obtained a winner status using fraudulent means.
14. In the event the winner is subject to or is 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), the Stations’ delivery of the prize to the official representative of the governmental entity claiming a right to the prize shall be thus deemed as the Stations’ awarding the prize to the winner. The Stations 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. The Stations shall not be liable for any claim by any winner for damages incidental thereto.
15. The Company reserves the right to make and change the Sweepstakes rules, including changing the Sweepstakes dates, but only to the extent permitted by the laws of the United States and the State of New York, including the rules and published policies of the Federal Communications Commission.
16. A copy of these Rules is also available during business hours, 8am - 5pm, Monday through Friday (excluding holidays), at the studios, 59 Court Street, Binghamton, NY 13901 and on the Stations’ websites.
Abbreviated Rules:
No purchase necessary. A purchase does not increase your chances of winning. Must be 21 years of age or older at time of entry and a legal U.S. resident of NY to participate. Void where prohibited by law. Begins 5/25/13. Ends 8/24/13. Entries must be received by 5pm ET on 8/24/13 to be eligible. See retailers or radio stations for Official Rules. Miller Coors LLC is not a sponsor or otherwise affiliated with this sweepstakes.
DC01/ 3138168.1