CONTESTANT/WINNER NAME: ____________________________________________________________
ADDRESS (Street, City, State, Zip Code): ______________________________________________________
PHONE (including area code): ________________________________________________________________
I, _____________________________, will be participating in a promotional event called The Kid’s Games (the “Event”) conducted by radio stations 102.3 WSUS (the “Station(s)”). The Contest involves my participation in one or more of the following events with my minor child/baby, _________________________ (“My Minor Child”): individually and collectively referred to herein as the “Contest”. In consideration for allowing my minor child and me to participate in the Event(s), I understand and agree, as legal guardian and on behalf of my Minor Child and on my own behalf, to the following:
For purposes of this Release Agreement, the “Released Parties” shall mean any person or entity associated in any way with the Event, including but not limited to the Station, the Contest’s and the Event’s sponsoring organizations, iHeartMedia, Inc., The New Jersey State Fair, their respective subsidiaries, affiliates, officers, directors and employees, volunteers at the event, and individual property owners. Furthermore, for purposes of this Release Agreement, the term “Loss” shall mean all damages, losses, costs, and injuries of every kind and character including, but not limited to, all economic damages, loss of business opportunities, embarrassment, mental anguish, loss of consortium, loss of services, loss of companionship, and loss of employment.
iHeartMedia, Inc., its subsidiaries and affiliated companies (together, the “Company”), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station. For a list of participating stations for each individual contest, please visit the offices of this Station during normal business hours.
1.Prize(s). The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest’s official rules. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
2.Eligibility and Limitations. Participants and winner(s) must be U.S. residents. The age limit will vary from contest to contest as determined by the Station, please refer to each contest’s official rules. Participants and winners must reside in the Station’s Total Survey Area (TSA). If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves listener participation by voting for a contest participant on the station’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. Employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
3.Telephone and Delivery Disclaimer. If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone 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 if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise. For all contests the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, 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 the Contest. Entry forms in a register-to-win contest must be handwritten. No photocopies or mechanical reproductions of entry forms is permitted.
4.Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
5.Publicity; Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
6.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 the company or contest sponsors under any fiduciary or other obligation, that the company 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, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, 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, and (4) you are hereby granting the company and the station a perpetual, worldwide, non-exclusive, 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.
7.Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.
8.Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
9.Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
10.Miscellaneous. Void where prohibited. Odds of winning depend upon the number of participants. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Station during normal business hours or visit the Station’s website. All entries become the property of the Company and will not be returned.
11.Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.
I represent that the above information concerning me is accurate, and that at the time of my entry in the Contest, my child was _________ years of age, and that neither I nor any member of my family was or is an employee of the Station, its owner, parent, subsidiaries, affiliates, or advertising, promotional or judging agencies or sponsors of the Contest.
I have read, received an explanation on any of my questions concerning, and understand the Official Rules of the Contest and I represent that I have complied fully with these rules, and that I understand that any violation of the Official Rules could result in my ineligibility to receive the Prize(s) or in the revocation of the Prize(s).
I acknowledge and agree that any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. I further understand that (1) I am solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with the Prize which are not specifically provided for in the official rules, (2) I must provide the Station with valid identification and a valid taxpayer identification number or social security number before receiving the Prize, and (3) if the prize is valued over $600 or if I have received a total of $600 or more collectively in prizes from this Station or any other iHeartMedia, Inc. stations within the same calendar year, I will receive an IRS form 1099 at the beginning of the following calendar year and a copy of such form will be filed with the IRS.
I warrant that I and my child are good health and have no physical condition that would prevent us from participating in any activities associated with the Prize(s). I fully realize, understand and agree that there are inherent risks, foreseeable and unpredictable, associated with attending public events and other activities associated with the Prize. I agree to assume and accept full responsibility in spite of and with full knowledge of these risks. My child and my participation in the Prize is completely voluntary.
IN CONSIDERATION OF YOUR ALLOWING ME TO PARTICIPATE IN THE CONTEST, I EXPRESSLY AND VOLUNTARILY ASSUME RESPONSIBILITY FOR ALL RISK OF PERSONAL INJURY, DEATH, OR LOSS MY CHILD OR I MAY SUSTAIN RELATED TO THE PRIZE(S), OR ANY SUCH PERSONAL INJURY, DEATH, OR LOSS ASSOCIATED IN ANY WAY WITH THE PRIZE(S), EVEN IF SUCH PERSONAL INJURY, DEATH, OR LOSS IS CAUSED, IN WHOLE OR IN PART, BE THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE RELEASED PARTIES.
I hereby acknowledge and agree that the Prize(s) is (are) my sole and only prize(s) as a winner in the Contest.
I acknowledge and agree that the Released Parties are not acting as the manufacturer or distributor of the Prize(s). The Released Parties, acting as consumers, acquired the Prize(s) for the purpose of awarding it to a winner in the Contest. I acknowledge and agree that I am responsible for any taxes and fees of any type associated with my receipt and/or use of any Prize(s) including, without limitation, income taxes and sales and use taxes, and any expenses associated with any Prize(s) which are not specifically provided for in the Official Rules. I authorize the Released Parties to withhold from any cash Prize(s) any amounts required to be withheld pursuant to federal, state or local law. I understand that the value of the Prize(s) is based on available information provided to the Released Parties, and I waive any claim I may have against the Released Parties regarding the valuation of the Prize(s).
With respect to any claims I may have as a result of the Prize(s), I covenant that I shall look solely to the provider of the Prize(s), or others in the chain of production and distribution of the Prize(s), but excluding the Released Parties, their respective employees and/or affiliates. I acknowledge and agree that the Released Parties have not made any warranties with respect to the Prize(s).
I, for myself and my personal representatives, heirs, successors, and assigns, in consideration for being involved in the CONTEST AND FOR RECEIVING THE PRIZE(S), hereby hold harmless, release, indemnify and discharge from liability THE RELEASED PARTIES from all liability, claims, judgments, demands, controversies, agreements, damages, actions, and causes of action whatsoever, ARISING OUT OF OR RELATED IN ANY WAY TO THE CONTEST AN/OR tHE PRIZE(S), WHETHER in law or equity, no matter what the cause OR NATURE, AND I FURTHER WAIVE ANY CLAIM THAT I MIGHT STATE OR ASSERT AGAINST ANY OF THE RELEASED PARTIES which I have or may have at any time arising out of my association with, travel to or from, or participation in the CONTEST or any of its associated activities, or in any other way related to or resulting from the contest or any prize(s). i acknowledge and understand that by signing this release agreement i will lose any right my child or i may have had to sue ANY OF the RELEASED PARTIES because of any personal injury, death, OR LOSS my child or i MAY sustain while using the Prize(S), or arising out of or as a result of my participation in the CONTEST, EVEN IF SUCH PERSONAL INJURY, DEATH, OR LOSS RESULTS from or IS caused by THE negligence or gross negligence OF ANY OF THE RELEASED PARTIES, in whole or in part. I further agree to indemnify and hold harmless THE RELEASED PARTIES from any claim arising out of my participation in the contest, even if the claim arises out of THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASED PARTIES, IN WHOLE OR IN PART, including, without limitation, all claims brought or asserted by any third party as a result of any personal injury, death, OR LOSS my child or i MAY sustain.
I acknowledge and agree that the Released Parties may subsequently use for publicity and/or promotional purposes, my child’s or my name, likeness, photographs, videotapes or other recordings of my child or me participating in the Contest, without any additional consideration to my child’s or me beyond allowing me to participate in the Contest.
I consent to and permit emergency treatment, medical or otherwise, in the event of injury or illness to my child or myself. I further release all persons associated in any manner with the Prize(s) from any claim whatsoever on account of first aid, treatment or services rendered me during my participation in or receipt of the Prize(s).
I acknowledge and agree the release I have granted herein shall extend to and protect the agents, employees, representatives, assigns and successors in interest of the Released Parties.
I ACKNOWLEDGE AND AGREE THAT THE RELEASE I HAVE GRANTED HEREIN INCLUDES, WITHOUT LIMITATION, ALL DERIVATIVE CLAIMS, INCLUDING BUT NOT LIMITED TO, LOSS OF CONSORTIUM, LOSS OF SERVICES, AND LOSS OF COMPANIONSHIP, WHICH ARISE OUT OF ANY PERSONAL INJURY, DEATH, OR LOSS MY CHILD OR I MAY SUSTAIN WHILE PARTICIPATING IN THE CONTEST OR USING THE PRIZE(S), OR ARISING OUT OF OR AS A RESULT OF MY CHILD OR MY PARTICIPATION IN THE CONTEST OR USE OF THE PRIZE(S), WHICH MIGHT BE STATED AND/OR ASSERTED IN ANY FORUM BY MY SPOUSE, CHILDREN, FRIENDS, FAMILY, LOVED ONES, AND/OR OTHER THIRD PARTIES.
I certify I am over the age of 18 and am legally competent to sign this Release Agreement and I understand that the representations contained in this Release Agreement are contractual and not mere recital. I have fully informed myself of and understand the contents of this Release Agreement and I have signed this document of my own free act.
This Release Agreement and any claims associated with it or the Contest shall be construed according to New Jersey State law. I acknowledge and agree that the Contest and/or this Release Agreement is being performed, in whole or in part, in Sussex County, New Jersey, and venue and jurisdiction for any claims associated in any way with this Release Agreement shall only be proper in the District Court for the County of Sussex, State of New Jersey.
If any provisions of this Release Agreement shall be deemed to be unenforceable and/or void, the remainder of this Release Agreement shall not be affected thereby and the remainder of this Release Agreement shall be fully enforceable.
I ACKNOWLEDGE AND AGREE THAT I: (1) HAVE RECEIVED A COPY OF THIS RELEASE FOR REVIEW AND STUDY AND HAVE HAD AMPLE TIME TO REVIEW IT BEFORE SIGNING; (2) HAVE READ THIS RELEASE CAREFULLY; (3) HAVE BEEN GIVEN A FAIR OPPORTUNITY TO DISCUSS AND NEGOTIATE THE TERMS OF THIS RELEASE; (4) UNDERSTAND ITS PROVISIONS; (5) UNDERSTAND THAT I HAVE THE RIGHT TO CONSULT WITH AN ATTORNEY; (6) HAVE DETERMINED THAT IT IS IN MY BEST INTEREST TO ENTER INTO THIS RELEASE; (7) HAVE NOT BEEN INFLUENCED TO SIGN THIS RELEASE BY ANY STATEMENT OR REPRESENTATION BY THE RELEASED PARTIES NOT CONTAINED IN THIS RELEASE; AND (8) ENTER INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.
Date: ________________________________Signature: ________________________________________
If the winner of this Contest is a minor, by signing below, the undersigned hereby confirms that he/she is the parent or legal guardian of such minor, hereby consents to the minor’s receipt of the Prize, consents and agrees to all provisions of this Release Agreement and agrees that all provisions of this Release Agreement shall be effective as to such minor.
Date: ________________________________Signature: ________________________________________