Official Rules: Jack’s Toy Drive 2013

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93.1 Jack FM / KCBS -FM

Toy Drive 2013

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.

1.         HOW TO ENTER

  1. These rules govern the Jacks Toy Drive promotion (the “Promotion”), which is being conducted by 93.1 Jack FM / KCBS FM (the “Station”).  The Promotion begins on December 2, 2013 and ends on December 15, 2013 (the “Promotion Dates”).
  1. To enter the Promotion, entrant may enter online or onsite beginning on December 2, 2013 at 12:01am Pacific Time (“PT”) and ending on December 15, 2013 at 11:59pm PT (the “Entry Period”) as follows:

i.        To enter online, visit www.931jackfm.com and follow the links and instructions to enter the Promotion and complete and submit the online entry form during the Entry Period.  Online entrants are subject to all notices posted online including but not limited to the Station’s Privacy Policy.  Limit one (1) entry per eligible person during the Entry Period regardless if entrant has more than one email address.  Multiple participants are not permitted to share the same email address.  P.O. Boxes are not permitted.  Entries submitted may not be acknowledged or returned.  Proof of submission of an entry shall not be deemed proof of receipt by the Promotion administrator.

ii.        To enter on-site, visit one of the locations listed on the Jack’s Toy Drive web page at http://www.931jackfm.com on the dates and times listed to obtain an official entry form (available while supplies last), and legibly hand write your first name and last name, complete address, city, state, zip code, telephone number (including area code), and date of birth on an official entry form and place the completed entry form in the dedicated collection box.  P.O. Boxes are not permitted.  All entries must be received by 5pm PT on December 15, 2013.  Entries submitted may not be acknowledged or returned.  Failure to provide all required information may result in disqualification.

  1. Only one (1) entry per person is permitted regardless of the method of entry. There will be up to a total of one (1) winner selected in the Promotion from all eligible online and on-site entries received.

2.         ELIGIBILITY RESTRICTIONS

a.   The Promotion is open to all persons who are legal U.S. residents 18 years of age or older and who reside in Southern California Counties Los Angeles, Orange County, San Bernardino, Riverside, San Diego and Ventura.  Void where prohibited or restricted by law.  Employees, officers, directors and agents of  South Coast Subaru, Menchies Yogurt, Chronic Tacos, the Station, CBS Radio Inc., their corporate affiliates, Station’s advertising and promotional agencies, participating sponsors, prize suppliers, their respective affiliates (collectively, the “Promotion Entities”) and other radio stations in the greater Los Angeles metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win.  This Promotion is subject to all applicable federal, state and local laws and regulations.  By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.

b.   Listeners are eligible to win prize(s) valued over $50 or ticket prize(s) valued over $100 (per ticket) in a Station-conducted Promotion only once every thirty (30) days and prize(s) valued at $600 or more only once every (60) days, and prize(s) valued at $1,000 or more only once per year (365) days. Only one (1) winner per household is permitted in any Station-conducted promotion.

c.   Winner must have a valid driver’s license and automobile insurance.  Winner must provide winner’s complete address, date of birth and phone number to claim a prize(s).

d.   Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent.  The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.

3.         PRIZES

a.   One (1) prize will be awarded.  The prize is a 2013 Subaru XV Crosstrek 2.0i Premium CVT.   The Approximate Retail Value (“ARV”) of the prize is $24,499; such figure is based on Manufacturers Suggested Retail Price (“MSRP”) of vehicle.  Prize’s actual retail value may vary from the ARV stated herein due to the selection of options, accessories, or delivery location.  Vehicle is CrystalBlack Silica Option Package 01 Standard Model.  Vehicle VIN #JF2GPACCXD2866659.  In the event prize winner chooses a vehicle valued less than the stated maximum ARV, winner will not receive compensation or cash for difference.  The prize winner shall be solely responsible for any and all applicable taxes, including sales tax, as well as title, plate fees, registration and documentation fees, insurance (proof of which must be shown prior to taking possession of vehicle), dealer preparation fees and destination charges (if any), operating and maintenance expenses and any other fees and expenses not specified herein associated with the receipt and use of the prize.  Selection of vehicle color, options and equipment will be determined by Station in its sole discretion and will be based on dealer stock/availability.  Dealer incentives or rebates will not be credited or applied to any vehicle won.  Winner must take possession of vehicle at a dealership designated by the Station or its designee within forty-five (45) days following winning or whenever winner’s vehicle becomes available.  Winner is solely responsible for all costs associated with any permitted or available vehicle upgrade/option package and/or accessories.  If required by law, winner must have a valid U.S. driver’s license and proof of insurance to take delivery.  Vehicle awarded may differ from any vehicle shown in Promotion materials. The prize is provided as is.  Neither the Promotion Entities nor the dealer/retailer have made or are responsible in any manner for any warranties, representations or guarantees, express or implied, in fact or law, relating to the prize, including without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply.

b.   No more than the stated number of prizes specified in these official rules will be awarded.  All prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours.  Winner will be required to go to the dealership to pay taxes and fees and to pick up the prize vehicle.  The winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within ten (10) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winner(s), it will be with the prior written consent of the winner(s) and therefore, winner(s) assumes the risk of its loss.  The Station is not responsible for the safe arrival of a prize(s) or prize certificate(s).

c.   Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value.  The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses.  Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s).  Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose.  Other restrictions may apply.

4.         WINNER SELECTION AND NOTIFICATION

  1. Decisions of the Station management with respect to the Promotion are final.
  1. One (1) winner will be selected on Monday, December 16, 2013 at approximately 3pm PT in a random drawing of all online and onsite entries received.
  1. Odds of winning depend upon the number of online and onsite entries received.
  1. The winner does not need to listen to the Station or be present to win.
  1. Potential prize winner will be notified by telephone on or around December 17, 2013. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases.  The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize(s) will be forfeited and an alternate winner will be selected (time permitting) in a random drawing of all remaining eligible online and onsite entries.  If a potential winner(s) cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize(s).

5.         CONDITIONS

a.   Payments of all federal, state and local taxes are solely the responsibility of the winner(s).  The winner(s) may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) in a calendar year with an aggregate value of $600 or more.  Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize(s).  Such winnings of $600 or more will be reported to the IRS.

b.   Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Station, the Promotion and/or its sponsor(s) for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, in perpetuity, except where prohibited by law.  Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.

c.   Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.

d.   If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend and/or modify the Promotion.  If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winner(s), unless the nature of the event giving rise to such termination renders it impossible to select winner(s).

e.   The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize(s); (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same.  Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Released Parties’ control.

f.    Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified.  The use of any device to automate entry is prohibited.  Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion.  The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion.  In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder.  The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers.  The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion.  Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes.  If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.

g.   The Station reserves the right to make changes to the rules of the Promotion, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement.  If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s).

h.   Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased.  New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.

i.    For a copy of these Official Rules, send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by December 15th to Jacks Toy Drive – Official Rules,” Attn:  Promotions, Jack FM 5901 Venice Blvd Los Angeles 90034.  For the names of the prize winner(s) send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by Jan 31st to the above address marked Jacks Toy Drive – Winner List.”  The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at http://www.931jackfm.com.

6.         PRIVACY

a.   By participating in the Promotion, entrant agrees to the Station’s Terms of Use Agreement and to the use of entrant’s personal information as described in the Privacy Policy located at http://www.931jackfm.com.  In the event of conflict between the Station’s Terms of Use Agreement and these Official Rules, the terms of these Official Rules shall apply.

Administrator:  Jack FM KCBS-FM, 5901 Venice Blvd Los Angeles CA 90034.

Sponsor:        South Coast Subaru 2925 A Harbor Blvd Costa Mesa CA 92626

Menchies Yogurt *See Web

Chronic Tacos *See Web

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