NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
TagStation LLC, a wholly owned subsidiary of Emmis Operating Company, (“Emmis”) is giving individuals the chance to win One Hundred Dollars ($100.00) in the NextRadio $100 Cash Contest (the “Contest”). This Contest is governed by these Rules, as well as by Emmis’ Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by Emmis and by all other decisions of Emmis which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsor of the contest is Emmis (the “Sponsor”).
The Contest begins November 24, 2016 at 12:00 AM ET and ends on December 5, 2016 11:59 PM ET (the “Entry Period”).
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents of all fifty (50) States. Residents of Alabama and Nebraska must be at least 19 years of age or older at the time of entry. Residents of Mississippi must be at least 21 years of age or older at the time of entry. Residents of all other states must be at least 18 years of age or older at the time of entry. If Participant has not reached the age of majority in the State or Commonwealth in which the Participant resides, Participant’s parent or legal guardian must submit an entry on behalf of Participant. All legal responsibilities of a minor Participant under the Rules will be assumed by a parent or legal guardian and a minor winner’s Prize (as defined below) will be awarded in the name of the parent/legal guardian for the benefit of the minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis Operating Company, any other Sponsor and any entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won an Emmis Contest in the last thirty (30) days or who have won prizes valued over six hundred dollars ($600) from an Emmis contest in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
HOW TO ENTER:
During the Entry Period, eligible Participants can download the free NextRadio App on supported Android devices and follow the instructions to enter the Contest through the NextRadio App Newsfeed. Participants who already have the NextRadio App downloaded will be given the option to enter the Contest by opening the app, clicking on Newsfeed in the navigation menu, and following the instructions to enter the Contest. Upon submitting an entry, eligible Participants will receive a confirmation displayed on their Android device of their entry into the Contest. After an eligible Participant has entered the Contest once, on each subsequent day during the Entry Period, that an eligible Participant submits an entry into the contest, the Participant will receive confirmation of one (1) additional entry into the Contest.
Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsor upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
False Fraudulent or Deceptive Entries or Acts: Participants who, as determined by the Sponsor, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
On or about January 4, 2017, twelve (12) winners will be chosen by random selection from all eligible entries received. The Winner will be contacted by the Sponsor by email and phone on or about January 4, 2017.
Twelve (12) winners will be selected randomly from all eligible entries received during the Entry Period to win One Hundred Dollars ($100.00). No transfer, assignment or substitution of a prize is permitted, except the Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable to the extent permitted by law. Any difference between the actual value and the approximate retail value of any prize will not be awarded.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize within thirty (30) days at Emmis’ business office located at 40 Monument Circle, Indianapolis, IN 46204. The prize may be picked up any time between the hours of 9:00 AM and 5:00 PM ET Monday-Friday, but excluding holidays. The Sponsor has the right in their sole discretion to mail the prize to the winner. Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or Social Security Number. The Social Security Number will be used for tax-reporting purposes. The Sponsor reserve the right to deny awarding the Prize if the winner fails to provide satisfactory identification, as determined in the Sponsor’s sole discretion.
Winner, and to the extent a winner is a minor, their parents or legal guardian is required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS Form W-9 before any prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the Prize.
Payments of all federal, state and local taxes (except as specifically provided for herein) are solely the responsibility of the winner. Winner will be required to complete and submit an IRS Form W-9 or the equivalent including winner’s full Social Security Number for receipt of any prize valued at six hundred dollars ($600) or more or for any prizes awarded by the Sponsor (in combination with any prizes won in promotions run by Emmis Operating Company or any of its subsidiaries or affiliates) in a calendar year with an aggregate value of six hundred dollars ($600) or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:
Incorrect, incomplete or inaccurate entry information;
Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
Inability to send a text-message;
Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
Network hackers or other unauthorized access to Sponsors’ computer network;
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;
Equipment malfunctions; and
Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
The Sponsor reserves the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of the Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to The Sponsor that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsor; (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules; and (iv) have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Emmis, Emmis Communications Corporation, Emmis Operating Company, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against 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, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone 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 or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against 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, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone 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 or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to the Sponsor permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their 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 the Sponsor deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. The Sponsor, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
The Sponsor reserves the right in their sole discretion to supplement or make changes to these Rules at any time. The Sponsor reserves the right in their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of Indiana, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Indiana and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
To the fullest extent permitted by law, by participating in the Contest, you understand and agree that: (i) the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law); (ii) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations); (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 and under no circumstances will entrants or winners be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (iv) if for any reason a claim or dispute regarding the Contest or these Rules proceeds in court rather than through arbitration, there will not be a jury trial.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: NextRadio 10K Extreme Cash Contest Rules and/or Official Contest General Contest Rules, 40 Monument Circle, Suite 500, Indianapolis, IN 46204. These Rules and the General Rules may also be found at http://nextradioapp.com/general-contest-rules.
For a list of any Contest winners send a self-addressed, stamped envelope to: NextRadio 10K Extreme Cash Contest’s Winners List, 40 Monument Circle, Suite 500, Indianapolis, IN 46204.
40 Monument Circle, Suite 500
Indianapolis, IN 46204