OFFICIAL RULES FOR THE FOX FILL-UP CONTEST
The following are the official rules of SummitMedia, LLC (“Sponsor”) for the Fox Fill-Up Contest (“Contest”). Participating stations: see attached STATION LIST (collectively the “stations”) By participating, each participant agrees as follows:
1. NO PURCHASE IS NECESSARY. Void where prohibited by law. All federal, state, and local regulations apply.
2.ELIGIBILITY. Unless otherwise specified, the Contest is open only to legal U.S. residents age 18 years or older (19 in Alabama) at the time of entry with a valid Social Security number and who reside in the KFXJ-FM listening area. Individuals age 13 to 20 may be eligible to participate in Contest with the approval of a parent or legal guardian, provided that the parent or legal guardian is a legal U.S. resident at least 21 years of age at the time of entry with a valid Social Security number and resides in the KFXJ-FM listening area, but Sponsor reserves the right to refuse to award certain prizes to or on behalf of any minor. Unless otherwise specified, employees of SummitMedia, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the SummitMedia radio station’s listening area, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. An individual who has won more than $500 in a SummitMedia Contest or Sweepstakes in a particular calendar quarter is not eligible to participate in another SummitMedia Contest or Sweepstakes in that quarter unless otherwise specifically stated. Entrants may not use an assumed name or alias (other than a screen name where a contest involves use of a social media site). Contests are subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules for the Fox Fill-Up Contest, Sponsor’s General Contest Rules, and Sponsor’s decisions which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. CONTEST ENTRY PERIOD. The Contest will begin 12:01 AM UTC March 21, 2022 and end at 11:59 PM UTC April 22, 2022 (“Entry Period”). Sponsor’s office computer is the official time keeping device for the Contest.
4. HOW TO ENTER. Throughout the Entry Period each weekday and on the designated weekends if any, a sounder or cue to play will be aired at various times along with a message instructing listener to text the keyword within a specific period of time (playtime) to enter for a chance to become a winner. Listen to the Station for details on specific times to play.
Throughout the Entry Period, upon hearing the sounder or cue, you must text the keyword to (844) 436-1045 to enter for a chance to become a winner. You will receive at least one (1) autodialed text message in response to your entry. BY TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA TWO (2) AUTOMATED RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. For HELP, text “HELP” to (844) 436-1045. To STOP, text “STOP” to (844) 436-1045 to cancel. Standard text messaging and data rates may apply; contact your carrier for rates applicable to your plan. Entrant is responsible for all applicable fees and taxes associated with placing a text message entry and receiving a response text from Sponsor.
There is a limit of one (1) entry per person/mobile phone number and/or verified email address per contest play for the duration of the Entry Period. Incomplete and/or invalid or duplicate entries will be disqualified.
Entries must contain all information requested and comply with all any applicable restrictions or requirements set forth herein to be valid. By participating in the Sweepstakes, entrants agree that the Station may contact them in connection with the Sweepstakes, via phone or text message, at the telephone number from which the text message entry was received, or the number listed on the Station’s website.
Multiple entrants are not permitted to share the same email address and/or phone number. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Entries more than the above stated limit will be declared ineligible. All entries become the property of Sponsor and will not be receipt acknowledged or returned.
5. PHONE AND DELIVERY DISCLAIMER. Participants are restricted to the use of ordinary telephone and computer equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number. The Company disclaims all liability for the inability of a participant to enter due to equipment malfunction, busy lines, inadvertent disconnections, difficulty accessing the Internet, service outage or delays, computer difficulties and other technological problems, acts beyond the Company’s control, or otherwise. The Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in this contest. The Sponsor assumes no responsibility for entrants not making timely texts to the Sponsor. The Sponsor assumes no responsibility for entrants not receiving the short code because of the delays or issues in the Internet stream, wireless service, or otherwise. Due to the time delay that exists between a SummitMedia radio station’s over-the-air signal and its online webcast, listeners who listen to a SummitMedia radio station online may hear Contest information or a cue to call later than listeners listening to the station’s over-the-air signal. As a result, the odds of an online listener winning a Contest may be diminished.
The text messaging method of entry is designed to work with most of the U.S. major wireless carriers in the United States, but the Sponsor makes no guarantee that any particular wireless service provider will participate. To enter by text, the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the short code is not considered proof of delivery to, or receipt by, Sponsor of such entry. By participating in a Sweepstakes in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; neither the Sponsor nor Station guarantee, nor shall either be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a Sweepstakes may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the CSC method of entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Sponsor, through its third-party text messaging administrators, will store all messages received on its system, and will send entrants reply texts relating to the Sweepstakes throughout the Entry Period and up to 60 days. The Sponsor may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined.
6. WINNER SELECTION AND ODDS OF WINNING. Odds of winning a Contest prize depend on a number of factors, including, but not limited to, the number of eligible entries received by Sponsor during the Contest Entry Period and the number of listeners participating at any given time. The winning entrants will be selected randomly by Sponsor staff. If a winning entrant is disqualified, the Sponsor may randomly select a new winner.
7. NOTIFICATION AND VERIFICATION OF POTENTIAL WINNER. POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules and/or the Office Rules of the Contest and winning is contingent upon fulfilling all requirements. The potential winner will be notified by text and/or telephone call within 72 hours after the designated playtime closes. Only the winners will be contacted personally by a Sponsor representative. No more than three (3) attempts shall be made to the contact number that the text message entry was originated from. If a potential prizewinner cannot be reached directly following the close of registration period and or does not consent to be recorded for broadcast purposes, the potential prizewinner will be disqualified and an alternate potential prizewinner will be randomly selected until a winner is determined and has met all conditions described herein.
The potential winner will be required to electronically verify identity and complete by a specific date and execute an affidavit of eligibility, a liability/publicity release (except where prohibited), and a W-9 IRS Form by April 30, 2022 in order to claim his/her prize. A winner who executes these documents within the required time period will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to provide the affidavit of eligibility and/or the liability/publicity release within the required time period, or if the prize or prize notification is returned as undeliverable, potential winner forfeits the prize. In the event that the potential winner of a Contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries, or other means chosen by the Sponsor and indicated in the particular contest rules.
8. PRIZES. Each prize is $100.00 US Dollars, paid by check written to the name of the winning texter and paid within 60 days of the winner providing all of the information required by the station to validate the winner’s name and address, and winner filling out an forms required under Section 12 below. Winner is responsible for all taxes associated with prize receipt and/or use. Prize will be mailed to him/her and Sponsor agrees to do so. Winner agrees that Sponsor will send the prize by U.S. Postal Service, and that Sponsor is not responsible for lost, stolen, or misdirected mail, and that the prize will not be replaced if it is not received by winner.
9. ENTRY CONDITIONS AND RELEASE. By entering a Contest, each participant agrees to: (a) comply with and be bound by these Official Rules, and the decisions of Sponsor, which are binding and final in all matters relating to any Contest; (b) release and hold harmless Sponsor, SummitMedia, and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, 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 entry, creation of an entry or submission of an entry, participation in a Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
10. PUBLICITY. Except where prohibited, participation in a Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law. Each contest participant acknowledges and agrees that any telephone calls placed to the Station’s contest line may be broadcast live on the Station, and also may be recorded for use on-air at a later time. Winners may be required to sign a separate publicity waiver and/or release upon collecting a prize.
11. CONSUMER CREATED CONTENT. If the entry for the Contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sponsor or its Contest partners under any fiduciary or other obligation, that Sponsor is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, Sponsor and its contest sponsors do not waive any rights to use similar or related ideas previously known to Sponsor or its partners, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, or, to the extent that any third party ownership rights exist, you have obtained all necessary licenses and/or clearances to use such third party content, and (4) you are hereby granting Sponsor a perpetual, worldwide, nonexclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
12. TAXES. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Contest become the sole responsibility of the winner. Winners will be required to fill out and return an IRS W-9 tax form. Valuation of prizes may be based on information given to Sponsor by the provider of the prize. All those who win a prize or prizes over a certain threshold value in any given year may be issued an IRS Form 1099 to report their winnings.
13. GENERAL CONDITIONS, CONDUCT, AND DECISIONS. Sponsor may cancel Contest or any part of a Contest, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, 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 entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, or to be acting in violation of any federal, state, or local law. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek legal remedies including damages from any such person to the fullest extent permitted by law.
All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest in its sole discretion, and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sponsor further reserves the right to terminate the Contest if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest. In the event the Contest is terminated, Sponsor may award the prize(s) in a random drawing from all eligible entries received prior to termination. Sponsor may, in its sole discretion, waive or change any of these Official Rules, and in that case, revisions to the Contest rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. Any protest in the conducting of the Contest, the selection of the winners, or the awarding of prizes must be made within three days of the conclusion of the contest; the resolution of any protest shall be in the sole discretion of Sponsor, whose decision shall be considered final.
14. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest ; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
15. DISPUTES. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the state court of competent jurisdiction located in the sponsors STATION LIST local listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the entrant’s SummitMedia radio station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the entrant’s SummitMedia radio station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the entrant’s SummitMedia radio station is located.
17. CONSTRUCTION. The invalidity or enforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.
18. LIST OF WINNERS/COPY OF RULES. A copy of the Official Rules of the Contest, or list of the winners of a Contest may be obtained requesting a copy and sending a self-addressed stamped envelope to the Sponsor address identified below. A list of winners will be made available 30 days after the conclusion of the Contest.
SummitMedia, LLC, STATION LIST