Civic Media On-air Contest Terms and Conditions
PARTICIPATION IN THE CONTEST IS VOLUNTARY AND NO PURCHASE, PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN, AND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This Civic Media On-air Text-to-Win Contest (“Contest”) is subject to the following Terms & Conditions/Official Rules (the “Official Rules”):
1. ELIGIBILITY: The Contest is open to legal residents of Wisconsin who are eighteen (18) years or older at the time of entry (“Entrants”). Void where prohibited by law. By participating in this Contest, Entrants agree to be bound by these Official Rules.
Civic Media, Inc. is the “Sponsor” of the Contest. Employees of the Sponsor and its affiliates and representatives, and their immediate family members and persons with whom they are domiciled, are not eligible to participate. All Entrants must have a valid email address. Sponsor may require satisfactory proof of Entrant’s identity and eligibility.
Participants who have won a previous Civic Media Contest within the last 60 days are not eligible to participate.
A household may only win one (1) time every sixty (60) days across any Civic Media contests. The same household may not win more than one (1) prize for a specific giveaway or event. A “household” is considered any amount of people who share the same residence for at least three (3) months a year.
2. TO ENTER: All required steps specified herein are referred to as the “Entry,” and each person who submits an Entry is an “Entrant.” Anyone who, during the Contest Keyword Period (a) texts the appropriate keyword to the station number or (b) calls the station and provides their name and phone number will be entered into the Contest for a chance to win. Additional Bonus Entries are possible by taking additional actions, as outlined on the contest page linked from the text message reply.
3. TOTAL ENTRIES: There is a limit of one Entry and a varying number of Bonus Entries permitted per Entrant during each Contest Keyword Period. Participants may submit additional Entries during later Contest Keyword Periods. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules, along with the Contest website terms and conditions, and to all decisions of Sponsor, which are final in all matters related to the Contest and which Sponsor may decide in its sole discretion. Winning a Prize (see Section 5 below) is contingent upon fulfilling all requirements set forth herein.
By submitting an Entry, you agree that Sponsor may contact you via social media, including on Facebook, Instagram or Twitter by sending you a direct message, tagging you, posting to your social media page, and that Sponsor may name you on Sponsor’s social media pages and/or share the social media post or selfie submitted with your Entry. Automated or bulk Entries or Entries submitted by third parties will be disqualified. Any attempt by any Entrant to obtain more than one Entry by using multiple and/or different identities, email addresses, or any other methods will void all of that Entrant’s Entries, and that Entrant may be disqualified at Sponsor’s discretion. Potential prize winners may be required to show proof of identity in order to claim their prize. Entries specifying an invalid, non-working, or inactive email address may be disqualified and ineligible to win.
4. SELECTION OF WINNERS: Contest winners will be chosen by a random drawing to be held after each Contest Keyword Period concludes (for the hourly prize(s)), after each day (for the daily prize(s)) and after the contest concludes (for the grand prize(s)). All decisions of Sponsor are final. Potential Prize winners will be notified of what Prize they have won within one week of the conclusion of the contest using their phone number provided with their Entry. Failure by a potential Prize winner to respond within seventy-two (72) hours after the second of two (2) attempts will result in disqualification and an alternative Prize winner will be selected in the same manner from all remaining eligible Entries. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor does not receive a sufficient number of Entries to award all available Prizes, Sponsor reserves the right to not award all of the Prizes.
5. PRIZES: Prizes are subject to change or cancellation, at the Sponsor’s discretion, and, if reasonably practicable, may be substituted with Prizes of a similar value. Sponsor is not responsible for lost, stolen, or damaged Prizes and may replace any such Prizes in its sole discretion. No Prize will be given in cash or may be redeemable or convertible into cash.
6. VERIFICATION OF PRIZE WINNERS: ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING, IN THE ADMINISTRATION, OPERATION, AND SELECTION OF THE WINNERS, AND IN ALL OTHER MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
7. PRIZE CONDITIONS: All expenses and other costs not expressly stated in the Prize description (e.g., costs of transportation, lodging, food, etc.) are the sole responsibility of the Prize winner. Restrictions, conditions, and limitations may apply. The Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent Prize substitution in its sole discretion. In the event that technical, programming, or any other errors or reasons cause more than stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims.
The Prize winner is responsible for reporting and paying all taxes associated with a winner’s receipt of the Prize. Sponsor will withhold and/or report taxes as may be required by the applicable laws of Sponsor’s and Prize winner’s jurisdictions. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Prize winner. The Prizes are provided “as is” and the Prize winner assumes all risks associated therewith. Sponsor hereby disclaim any and all warranties, whether express or implied, associated with the Prizes.
If any winner cannot accept a Prize as stated, such winner’s prize will be forfeited and an alternate winner will be selected as set forth above.
8. PUBLICITY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES ENTRANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND THE RELEASED PARTIES (AS DEFINED IN SECTION 9 BELOW) THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE ENTRANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE), AND ENTRANT’S SELFIE OR SOCIAL MEDIA POST SUBMITTED WITH THE ENTRY, FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF ENTRANT’S NAME ON RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. GENERAL RULES AND RELEASES: All federal, state, and local laws and regulations apply. BY PARTICIPATING IN THIS CONTEST, ENTRANT AGREES THAT SPONSOR, AND ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR AN ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR.
By participating in this Contest, Entrants agree to be bound by the Official Rules and the results of the random drawing. Sponsor is not responsible for any typographical or other error in the offering or the announcement of any Prize or in the administration of the Contest. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible Entries; lost, interrupted, or unavailable network, server, or other connections, telephone transmission problems, or garbled transmissions or miscommunications; computer or software malfunctions, or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of an Entry will not be deemed proof of receipt by Sponsor.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision of these Official Rules should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable.
In the event of any conflict or inconsistency between these Official Rules and any promotional materials for the Contest, these Official Rules shall prevail and control. Notwithstanding anything in these Official Rules, Sponsor reserves the right, in its sole discretion, to cancel the Contest for any reason. In doing so, Sponsor is not obligated to give away all or any of the Prizes. In addition, Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect Entries and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the Prizes at random from among the eligible, non-suspect Entries received up to the time of the impairment.
10. LIMITATIONS OF LIABILITY: WITHOUT LIMITING THE FOREGOING, the Released Parties are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in the Contest; (ii) the unavailability or inaccessibility of any transmissions or telephone or internet service; (iii) unauthorized human intervention in any part of the entry process or the Contest; (iv) electronic, clerical or human error which may occur in the administration of the Contest or the transmission, receipt or processing of Entries or notification of winner; or (v) any injury or damage to persons or property, including but not limited to Entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, by Entrant’s participation in the Contest or Prize winner’s receipt, use or enjoyment of the Prize. The Released Parties are not responsible if any Prize cannot be awarded due to travel or event cancellations, delays, or interruptions due to acts of god, acts of war, natural disasters, weather, or terrorism, or any other event as listed in these Official Rules.
Under no circumstances, including their own negligence, shall the Released Parties be liable for any direct, indirect, incidental, punitive, special, or consequential damages that result from the use of or inability to use the web site, or out of any breach of any warranty. This exclusion or limitation of liability will not apply to the extent that any applicable law prohibits such exclusion or limitation of liability.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON THE CONTEST AND SPONSOR’S WEB SITES IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Any attempt by an Entrant or other individual to deliberately damage any web site or undermine the legitimate operation of this Contest, including but not limited to, any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrants engaging in any of the foregoing activities may be disqualified and will forfeit any Prize won.
11. GOVERNING LAW/JURISDICTION. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants or Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of Wisconsin, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest not to exceed fifty US Dollars (US $50.00), but in no event attorneys’ fees; and under no circumstances will participant be permitted to obtain awards for, and participant 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.
12. USE OF ENTRY INFORMATION: By submitting an Entry or Bonus Entry, each Entrant agrees to receive emails or text messages from the Sponsor or those directed by Sponsor. Applicants may opt out of the receipt of such messages by following the directions received from Sponsor (e.g., texting “STOP”). Sponsor may use Entry information for purposes of communicating with Entrant regarding the Contest and any Prize that Entrant may win, and/or for future marketing by Sponsor, such as to notify Entrant of an event or giveaway that Sponsor thinks may be of interest.
