B 98.7’s “Vacation to the Disneyland® Resort” Contest
A complete copy of these rules can be obtained at the offices of radio station KBEE (“Station”), owned and operated by Cumulus Radio LLC, 434 W. Bearcat Dr., Salt Lake City, UT, 84115, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the B98.7 “Vacation to the Disneyland® Resort” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.
Eligibility. This Contest is open only to legal U.S. residents, 21 or older at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, who have not won a prize from the Station in the last 24 Hours or a prize valued at $500 or more in the last 90 Days, and whose immediate family members or household members have not won a prize from the Station in the last 24 Hours or a prize valued at $500 or more in the last 90 Days Void where prohibited by law. Employees of Cumulus Radio LLC., its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, 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. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’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.
- Contest Period. The Contest will begin on or about 12:01am MT on September 3, 2019 and will run through on or about 11:59pm MT on September 15, 2019 (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
- How to Enter. You will automatically be entered into the Contest once you complete one (1) of the following:
- On-Air: (i) Listen to the Station weekdays at 8a, 11a, 2p & 4p during the Contest Period. (ii) When the Station plays the “Escape Code” sounder, listeners should text the code word to the short code 68255. Each weekday morning Val & Mike will announce the daily grand prize winner at approximately 8:10am. Standard text messaging rates, as established by an individual’s wireless carrier, may apply, and Station assumes no responsibility for any fees or charges incurred for and associated with any text message sent to or from Station. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. Limit one (4) entry per person per phone number per day. Multiple participants are not permitted to share the same telephone number. Any attempt by any participant to submit more than one (4) entries by using multiple/different telephone phone numbers, identities, or any other methods will void that participant from further participation in the Sweepstakes.
- Online: (i) Visit the Station’s website www.b987com during the Contest Period and click on the “Contest” link, (ii) click on the “Disneyland Resort Vacation” Contest link, and (iii) complete an entry form and enter the daily escape codes in the system. All qualified entries will be placed into a drawing along with the daily text winner for the daily Grand prize as listed in Section 7. Each morning Val and Mike will announce the daily grand prize winner at approximately 8:10am. All entries must be received by 11:59 pm ET on September 15, 2019 to be eligible for the grand prize drawing. Limit one (5) entry per person per day per email address. Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry per day by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected registrations, all of which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Station and will not be returned. Station reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted.
- Winner Selection. On or about 8:10 a.m., MT on each Weekday beginning September 4, 2019, Station will hold a random drawing of all text’s entries and online entries received determine the daily Prize Those winners will be placed into a drawing to determine the weekly Grand Prize Winner. The Week of September 3-6, 2019 there will be 4 qualifiers. The week of September 9-13, 2019 there will be 5 qualifers. The potential winning entrant’s name will be read on the air. Station will contact winner by phone or e-mail for final verification of eligibility. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
- Verification of Potential Winner. POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY STATION 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 winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the Contest 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 sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
Grand Prize. Nine (9) Daily Prizes will be awarded in this Contest. Two (2) Grand Prizes will be awarded, and one (1) additional Grand Prize will be awarded at the end of the contest period, all eligible online and text entries will be placed into a drawing for the final trip. The Daily Prize is four (4) 2-day 1 Park per day Disneyland Resort Tickets good for admission to Disneyland Park or Disney California Adventure Park, but not both parks on the same day.
(a) Promoter will award such tickets in sets of four (4) Tickets must be used by September 15, 2020.
(b) The Tickets are to be awarded as prizes to bona fide winners of the Sweepstakes only. Tickets issued will bear the date of issue and the date of expiration. Expiration date will not be extended, and Tickets will not be refundable or redeemable for cash or credit at any time, nor will they be replaced if lost or stolen. Tickets may not be sold or transferred to a third party, including without limitation, to any travel agents, tour operators or other persons engaged in the travel industry, except as allowed in this Agreement. No substitutions are allowed.
(c) All other expenses, including but not limited to taxes, transportation to/from the Premises, parking, hotel accommodations, hotel room service, meals, beverages, souvenirs, resort taxes and fees, gratuities, incidental expenses and souvenirs, are the sole responsibility of the Sweepstakes winners.
- The Grand Prize is a vacation for four (the winner and three guests) to the Disneyland® Resort in Anaheim, CA, which consists of one (1) standard room (with a maximum of four (4) persons per room) for two (2) consecutive nights at a Premises or Premises area hotel selected by Disney in its sole discretion; up to four (4) Disneyland Resort 3-Day 1-Park-Per-Day Tickets good for admission to Disneyland Park or Disneyland California Adventure Park, but not both parks on the same day (subject to restrictions). ARV of Each Daily Prize is $900, ARV of Each Grand Prize is $1,740. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason.
Grand Prize Vacations must be taken before September 15, 2020. . Winner must be at least twenty-one (21) years of age to enter and win. Travelers under the age of eighteen (18) must be accompanied by a parent/legal guardian who is at least eighteen (18) years of age. Grand Prize, Grand Prize components and Tickets may not be sold, redeemed for cash, traded, transferred, or rescheduled to dates other than set forth above. Grand Prize components may not be separated. Certain restrictions apply. Saturday night stay may be required. KBEE is the Sponsor of the Sweepstakes. Disney, its parent, subsidiary, related and affiliated companies and their respective officers, directors, employees and agents shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions and/or causes of actions which arise out of and/or in any way relate to the prize, the receipt, use and/or enjoyment of the prize and/or the Promotion. Certain restrictions shall apply to the Vacation Packages, which restrictions shall be determined by Disney in its sole and absolute discretion. Each winner and his/her guests must travel together on the The Vacation Packages shall not include the following: airfare, baggage fees, airport departure fees and taxes; insurance; hotel room service; parking fees; laundry service; food; alcoholic beverages; merchandise, souvenirs, etc.; local and long distance telephone calls; tips, gratuities, service charges, resort fees or taxes; or all other charges not explicitly included in the packages pursuant to this Agreement. The Vacation Packages (and all elements thereof) may not be sold, redeemed for cash, traded, transferred or rescheduled, except in Disney’s sole and absolute discretion.
- Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Cumulus Media Inc., 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 the 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. By entering, each participant further agrees to receive marketing communications from the Station via any medium, known and unknown. Any participant who opts-out of these communication also remove himself/herself from the Contest. By participating in the Contest, where allowed by law, participants agree that the Station may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
- Except where prohibited, participation in the Contest constitutes winner’s consent to Station’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.
- All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station 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. 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, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- 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, Station, 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 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, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this 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 this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s 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 this 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 Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the 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 Station is located.
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Contest Sponsor identified below.
CONTEST SPONSOR: Cumulus Radio LLC, KBEE. 434 W. Bearcat Dr., Salt Lake City, UT, 84115