Rad Dad Photo Contest Official Rules

KIKV-FM 100.7 and COOL 94.3 –Rad Dad Contest

Official Rules

 

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

 

BY ENTERING THE PROMOTION, EACH NOMINEE AGREES TO THESE OFFICIAL RULES.

 

BY SUBMITTING A PHOTO IN THIS SWEEPSTAKES, ENTRANT AND NOMINEE HEREBY ACKNOWLEDGES AND AGREES THAT SPONSOR MAY USE THE PHOTO ON SPONSOR’S WEBSITES, FACEBOOK OR INSTAGRAM PAGES, AND IN ANY OTHER MARKETING OR ADVERTISING MATERIALS WITHOUT ENTRANT’S OR NOMINEE’S PRIOR APPROVAL OR ADDITIONAL CONSIDERATION.

 

  1. Eligibility – The KIKV-FM 100.7 and COOL 94.3 – Rad Dad Contest (the “Promotion”) is open to listeners who are 18 years or older and residents of Minnesota and located within the Alexandria Minnesota listening area who are dad’s of someone who has nominated him by submitting his photo and information per Official Rule #3 below (a “Nominee”). PLEASE NOTE:  The nominator of the Nominee will NOT be a Grand Prize winner. The Grand Prize winner will be the Nominee who was properly nominated in accordance with Official Rule #3 below. Void where prohibited by law. No purchase necessary to enter the Promotion. Employees of HBI Radio Alexandria, LLC and its stations KIKV-FM 100.7 and COOL 94.3, 604 3rd Avenue West, Alexandria, MN 56308 (“Sponsor,” “Station,” or “Stations”), HBI Radio, LLC, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion (collectively with Sponsor, the “Released Parties”) any radio, television or other media companies located in the Seattle area, and their immediate family, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes nominee’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

  1. Promotion Period – The Promotion begins at 1:00:00 PM Central Time (“CT”) on May 31, 2018 and ends at 11:59:59 PM CT on June 15, 2018 (the “Promotion Period“).  The Promotion Period consists of an entry period, which shall begin at 1:00 PM CT on May 31, 2018 and end at 11:59:59 PM on June 8, 2018 (“Entry Period”); and a voting period which shall begin at 11:59:59 AM CT on June 9, 2018 and end at 11:59:59 PM CT on June 15, 2018 (“Public Voting Period”).

 

  1. How to Nominate Your Dad – To nominate your dad for this Promotion, visit EITHER the KIKV-FM 100.7 page on Facebook OR the COOL 94.3 page on Facebook, during the Promotion Period, send a photograph of your dad to KIKV-FM or COOL via a direct message through the applicable Facebook page, along with your dad’s name and contact information (collectively, a “Submission”).  

 

PLEASE NOTE: You must have your dad’s permission to submit the Submission, and by submitting the Submission, you hereby grant Sponsor the irrevocable, worldwide, perpetual right to use the Submission for promotional, advertising and marketing purposes without further compensation or notice, in any medium now known or hereinafter created.

 

All photo Submissions must be sent by 11:59:59 PM CT on June 8, 2018 to be included in the Promotion. Limit: one (1) Submission per person/email address. Anyone attempting to get more than one (1) Submission may be disqualified from the entire Promotion at Sponsor’s sole discretion.

 

This Promotion is not sponsored, endorsed, administered by or associated with Facebook. By entering, you are providing your information to Sponsor and not to Facebook.

 

  1. Submission Criteria:  Entrants agree to and understand that Submission may be made available to the public, including without limitation, posting on the Internet, and may appear in Sponsor’s advertising and marketing materials without notice or compensation to you. Whether or not Submission is published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Submissions.

 

  1. Each Submission must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Submission and each Submission must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Submission entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Submission entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured.  Entrant agrees to indemnify and hold harmless each of the Released Parties from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph.  Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.  
  2. By uploading the Submission the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Submission at its sole discretion through any media available at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any location, whether physical or online. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo and any portion thereof, or the likeness of any natural person therein.

iii. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Submission.

  1. Submissions must not contain material that: (1) contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; (2) violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights; (3) contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (4) contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (5) contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; (6) references persons or organizations without their written permission; (7) disparages any persons or organizations; (8) includes threats to any person, place, business, or group; (9) is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.

 

Failure of any Submission to comply with the preceding requirements and restrictions, as determined by Sponsor, in its sole discretion, may result in disqualification of entrant’s entry.  Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Promotion or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Submissions must be suitable for presentation in a public forum, in sole determination of Sponsor.

 

  1. How to Win – All Nominations will be posted on the respective Station’s Facebook page during the Public Voting Period where the public can vote for their favorite Nomination by “Liking” the Nomination (hereinafter, a “Vote”). The Nomination with the most Votes on each Station’s Facebook page at the end of the Promotion Period will be deemed the Grand Prize winner for that Station. In the event of a tie, Sponsor will randomly select the Grand Prize winner from among all tying Nominations. Odds of being the Grand Prize winner depend on the number of eligible Nominations there are during the Promotion Period.  All Votes must be cast by 11:59:59 PM CT on June 15, 2018 to be counted.

 

Limit of one (1) Vote per person per day during the Promotion Period. Sponsor is not responsible for Votes not received or for other difficulties with the voting system due to difficulty accessing the internet, service outages or delay, computer difficulties or malfunctions, or other technological problems. Votes generated by script, macro, bot, fraud, or other automated means will be disqualified and not count.  No one may offer to sell Votes (or offer to be paid, whether in currency, in kind or other form of compensation, for Votes). The use of automated or third party software or website to participate in the Voting is prohibited. Sponsor, in its sole discretion, reserves the right to disqualify any Nomination’s Votes, or the Nominator, cast in violation of the above restrictions.

 

  1. Prizes and Approximate Retail Values (“ARV’s”) – Two (2) Grand Prizes (One (1) for the KIKV-FM 100.7 Facebook Page; and One (1) for the COOL 94.3 Facebook Page) – A $100.00 gift card from each of the following vendors: Brian’s Repair and Tire Service of Brandon and Underwood, Squeeky Clean of Alxeandria, Lakes Area Lumber of Alexandria, 2018 Get Out and Golf Central Minnesota,  Pep’s Port Products of Spring Hill, Alex Vision Source of Alexandria, Theatre L’Homme Dieu of Alexandria. And $50.00 gift card from each of the following vendors: Prairie Event Center of Parkers Prairie, and GrandStay Hotel of Parkers Prairie ARV: $800.00 each.  Gift cards/certificates are subject to the terms, conditions and restrictions as printed on the cards/certificates, including, but not limited to, any expiration dates, if applicable. Prizes are non-transferrable, may not be sold, and may not be exchanged for cash. Sponsor may substitute the prize, or any portion thereof, for one of equal or greater value. Grand Prize winner is solely responsible to pay all local, state and federal taxes associated with the Grand Prize.

 

A 1099 form will be submitted to all appropriate taxing authorities. Sponsor may substitute any prize, or portion thereof, for one of equal or greater value for any or no reason at Sponsor’s sole discretion.  

 

  1. Claiming the Prize – Each Grand Prize winner must claim his/her prize in person, the prize must be claimed at the KIKV-FM 100.7 or COOL 94.3 Studios, 604 3rd Avenue West, Alexandria, MN 56308, during normal business hours (Monday-Friday, 9:00 a.m. to 5:00 p.m.) within ten (10) days after the day she wins.  This is to verify that the prize is being given to the qualified winner.  Failure to comply with this deadline shall be deemed to be the winner’s forfeiture of his or her right to claim a prize.  The winner must prove he or she is a qualified winner by presenting identification acceptable to KIKV-FM 100.7 or COOL 94.3 (e.g., state drivers license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification).  If a winner cannot prove he or she is a qualified winner, the prize will not be awarded. All unclaimed prizes remain the property of Sponsor.

 

  1. Participation Conditions/Release/Consent to use Likeness – By participating, each nominee agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Promotion; (b) release and hold harmless 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 participation in this Promotion, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an nominee’s participation in the Promotion and/or nominee’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.

 

  1. General Conditions –  Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation process or the operation of the Promotion 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 Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded.  The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.  In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. Limitations of Liability – The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by nominees, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) unauthorized human intervention in any part of the participation process or the Promotion; (3) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from nominee’s participation in the Promotion or receipt or use or misuse of any Prize.

 

  1. Privacy Policies and Data Collection – Information provided by you for this Promotion on the nomination form is subject to Sponsor’s privacy policy located at: http://corporate.hubbardradio.com/privacy-policy/. By entering this Promotion, each nominee agrees that the Sponsor has the right to contact the nominee by phone or email as provided on the entry form to administer and fulfill this Promotion.

 

  1. Disputes/Governing Law – Except where prohibited, nominee agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Minnesota; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will nominee be permitted to obtain awards for, and nominee hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the nominee and Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of State of Minnesota, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.

 

  1. Winners’ List/Official Rules – For the name of the winner, send a separate self-addressed, stamped envelope before May 15, 2018, to Winners List, Rad Dad Contest, KIKV-FM 100.7 and COOL 94.3, 604 3rd Avenue West, Alexandria, MN 56308.  For a copy of these Official Rules, see Website until June 8, 2018.  

 

  1. Sponsors –  HBI Radio Alexandria, LLC and its stations KIKV-FM 100.7 and COOL 94.3, 604 3rd Avenue West, Alexandria, MN 56308