RADIO RAAmerica’s Got Talent | Radio Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THIS SWEEPSTAKES. PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
1. How To Enter: America’s Got Talent – Radio Promotion (the “Sweepstakes”) begins at 12:00:00 a.m. Eastern Daylight Time (“ET”) on July 22, 2014 and ends at 11:59:59 p.m. Eastern Daylight Time (“ET”) on July 29, 2014 (the “Entry Period”). [RADIO STATION MUST INSERT HERE A DETAILED AND EASY TO UNDERSTAND (BY LISTENERS) DESCRIPTION OF HOW LISTENERS CAN ENTER TO BE ELIGIBLE TO WIN ALL PRIZES DESCRIBED HEREIN. THIS DESCRIPTION MUST INCLUDE THE DETAILS OF THE WINNER SELECTION PROCESS. FOR EXAMPLE, IF THERE IS A DAILY WINNER SELECTION PROCESS/MECHANISM AND A GRAND PRIZE WINNER SELECTION PROCESS/MECHANISM, THEN EACH MUST BE DESCRIBED AS THEY WILL ACTUALLY OPERATE TO THE POINT WHERE AN AVERAGE LISTENER CAN UNDERSTAND IN ADVANCE SPECIFICALLY HOW THEY WOULD BE ELIGIBLE TO ENTER AND MIGHT BE SELECTED AS A WINNER.]
No purchase is necessary to enter the Sweepstakes. All entries and related correspondence become the property of NBC Universal, Inc. (“Sponsor”) and its Promotional Partners and will not be acknowledged. Limit [insert number of permitted entries] entry per person and per e-mail address. Additional entries will be disqualified, as will all incomplete entries and all entries not received within the Entry Period. Sponsor, Station, and Big Top Marketing & Promotions, Inc. (BTMP) (collectively, “Promotional Partners”) are not responsible for any electronic miscommunications or failures, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed telephonic transmissions which may limit an entrant’s ability to participate in this Sweepstakes. Use of any automated system or sweepstakes entry service or mechanism to submit entries/place calls is prohibited and will result in disqualification.
2. Eligibility: Entrants must be permanent, legal residents of the 50 United States (including the District of Columbia but excluding Puerto Rico and all other U.S. and foreign territories and possessions and all areas where this Sweepstakes is prohibited by federal, state, provincial, municipal or local law), must be physically present in the U.S. as of the date of entry through and including the date of awarding of the Sweepstakes prizes, and must be 18 years or older on the date of entry and be located within the terrestrial broadcast signal geographic listening area of Station. Employees of Sponsor, Station, Promotional Partners, and their parent, subsidiary, affiliated and joint venture companies, and any advertising and promotion agencies or any other entity involved in the development or administration of this Sweepstakes, as well as members of such employees’ immediate families and households (including children, spouses and siblings and/or other people living in the same households as such persons, whether related or not), are not eligible to participate.
3. Conditions of Participation/Entrant Releases: Entries made by any mass duplication, automatic, robotic, or programmed method, or through any sweepstakes entry, notification or related service, or in any manner not in compliance with the requirements of these Official Rules are invalid and will be disqualified. Lost, incomplete, late, inaccurate, garbled, and/or damaged entries are void. By entering this Sweepstakes, entrants agree to comply with these Official Rules including all eligibility requirements and to comply with all applicable federal, state and local laws and regulations. Entry materials that have been tampered with or altered are void. Entrant unconditionally assigns and transfers to Sponsor all rights, title, interest, and claims that (s)he now has, or may in the future have, to his/her entry. Sponsor and/or its Promotional Partners have the right to use, assign or dispose of such entries however they deem to be appropriate without the approval of, or compensation to, entrants or any third party(s). Sponsor, Sponsor’s Promotional Partners, and any telephone network, cable television, ISPs or other service providers, and their respective parent, affiliated companies, employees, officers, directors, shareholders, agents, and attorneys are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect or failure of any telephone network, computer equipment, or software (including, without limitation, any damage to entrant’s or any other person’s computer hardware or software resulting from the participation in the Sweepstakes or access to or downloading of materials from the Station Website), for the inability to access any online service or the Station Website, or any other error or malfunction. Unless prohibited by law, entry into this Sweepstakes and/or acceptance of any prize constitutes permission for Sponsor and its Promotional Partners to use, without additional compensation, worldwide and in perpetuity in any and all forms of media, now known and hereafter devised, for promotional, publicity, and public relations purposes associated with the Sweepstakes including without limitation, online (including, without limitation, posting on a website(s)) any winner’s or participant’s name, photo, likeness, biographical information, statement, voice and/or address (city and state). By participating, entrant
(i) agrees to release and hold Sponsor, Station, the Promotional Partners, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy) arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or the acceptance, possession, misuse, nonuse or use of any prize (including any travel or activity related thereto);
(ii) (waives all rights to claim direct, indirect, punitive, incidental and consequential damages, attorney’ fees or any damages of any kind;
(iii) agrees to be bound by these Official Rules and the decisions of the Sponsor and its representatives, which are final and binding on all matters relating to the Sweepstakes, and
(iv) Agrees to waive any right to claim any ambiguity or error in these Official Rules, or the Sweepstakes itself. Winner Notification:
4. Notification: Winner(s) will be notified by telephone, email and/or mail. Sponsor will make two (2) attempts to contact the winner(s) within 72 hours from the time of the winner’s selection. If Sponsor is unable to reach a potential winner within this time frame, he/she may be disqualified and an alternate may be selected, in Sponsor’s sole discretion. Winner(s) may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release (“Affidavit and Release”) and a Publicity Release (unless prohibited by law) within time frame specified by Sponsor or its designated Promotional Partner(s). If the Affidavit and Release and the Publicity Release are not returned within such time period, the prize may be forfeited and an alternate winner may be selected from among all eligible non-winning entries received. If any prize notification, communication or correspondence of any kind or any prize is returned as undeliverable, the corresponding prize will be forfeited and may be awarded to an alternate winner, in Sponsor’s sole discretion.
5. Prizes: Six (6) DAILY PRIZES: Each Daily Prize will consist of One (1) $100 Visa Cash Gift card. (ARV $100.00)
One (1) Grand prize: Trip to Las Vegas, Nevada. Trip includes: round-trip coach for two (2) between the major airport closest to winner’s home, as determined by Sponsor in its sole discretion, and to an airport in or near Las Vegas, NY (“New York Airport”) (as determined by Sponsors in their sole discretion); and three (3) days, two (2) night’s standard double occupancy hotel accommodations at The Mirage in Las Vegas, NV (“Hotel”); two (2) tickets to see Terry Fator : The Entertainer on October 17, 2014; and One (1) $100 Visa Cash Gift Card. Other restrictions may apply.
Ticket dates and times are at the sole discretion of the sponsor and are non transferrable. Approximate retail value of Grand Prize (“ARV”): $2,500.00 ARV of all prizes combined: $3,100.00.
6. Prize Details/Restrictions:
[The Trip] awarded to the Grand Prize winner must be taken within dates provided by the Sponsor or that portion of the Grand Prize will be forfeited. Travel arrangements must be made through Big Top Marketing and Promotions, Inc. and LUXE Travel, Irvine, CA. Prize Details/Restrictions: The Trip awarded to the Grand Prize Winner must be taken October 16- October 18, 2014 or that portion of the Grand Prize will be forfeited. Certain travel restrictions and may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Grand Prize winner’s place of residence. Grand Prize winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of prize. Grand Prize winner’s travel companion must 18 years of age at the time of travel.. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of winner and travel companion. Trip must be taken on dates designated by Sponsor, and all travel must be completed by date designated by Sponsor. Winner and his/her travel companion must abide by all rules and restrictions and are solely responsible for satisfying all legally required conditions of travel.
Grand Prize winner is solely responsible for all expenses and costs associated with acceptance and/or use of the Grand Prize not specifically stated herein as being awarded, including, without limitation, Hotel taxes, departure/arrival/customs, immigration fees, travel from winner’s residence to and from airport, ground transportation, travel insurance, security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs, international taxes, state and federal income taxes may apply and are the sole responsibility of the Grand Prize winner. Changes to reservations, once made, are not permitted. A per ticket surcharge will apply for paper tickets issued in markets where electronic ticketing is available. Substitutions will not be allowed. Space is subject to availability; surcharge dates may apply. The number of seats available for use with this authorization is limited. Winner must be 18 years of age or older. Flight schedules are subject to change without notice. Sponsors are not responsible if the Show is canceled, postponed, or delayed. All properly claimed prizes will be awarded, but in no event will Sponsors award more prizes than are provided for in these.
NBC Universal is the final authority on the interpretation of these rules and reserves the right to change these terms and conditions without prior notice. Standard Terms and Conditions apply; other restrictions may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Grand Prize winner’s place of residence. Grand Prize winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date., and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of prize. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. All travel and lodging will be at the risk of winner and travel companion. . Trip must be taken on dates designated by Sponsor. Winner and his/her travel companion must abide by all rules and restrictions and are solely responsible for satisfying all legally required conditions of travel. Winner acknowledges and agrees that Winner has read, understands and agrees to these terms and the terms and conditions of LUXE Travel herein. Winners acknowledge that Sponsors have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relating to any of the prize items, including but not limited to, the quality, merchantability, habitability, mechanical condition, or fitness of the prize items.
If Grand Prize winner cannot accept prize (or any portion thereof) as stated, prize will be forfeited and at Sponsor’s discretion, an alternate winner may be selected. Sponsor will not replace any lost or stolen tickets, travel vouchers, certificates or cash cards. In the event that any prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded. No cash or other substitution, assignment or transfer of any prize permitted (except at
The Sponsor’s sole discretion), who reserves the right to substitute a prize (or any component thereof) with another of comparable or greater value. Reservation of Rights; Limitation of Liability: Sponsor reserves the right to cancel, terminate or modify this Sweepstakes in the event that this Sweepstakes is not capable of being conducted or completed as planned for any reason including, without limitation, as a result of computer virus(es), bugs, tampering, or technical failures of any kind. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to pick winner(s) in a random drawing (or using any other method, in Sponsor’s discretion) from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. If the Sweepstakes is cancelled or terminated, notification will be posted on the Station Website. In the event of a dispute as to the identity of an e-mail entrant (as applicable), the Authorized Account Holder of the e-mail address submitted/used at time of entry will be deemed to be the entrant. “Authorized Account Holder” means the natural person to whom the e-mail address is assigned by an internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. A potential winner may be required to provide proof to Sponsor and/or its agents that he or she is the Authorized Account Holder of any e-mail address associated with a potential winning entry. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Sweepstakes in any manner. If disqualified, Sponsor reserves the right to terminate entrant’s eligibility to participate in this Sweepstakes. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSONS RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from these Official Rules and shall not affect the validity and enforceability of the remaining provisions. The failure of the Sponsor, Station, or Promotional Partner to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside the control of either (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
7. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“the JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
8. Prize Winner List Requests: For a list of winner(s), mail a self-addressed, stamped envelope to: America’s Got Talent Winner’s List Request, c/o Big Top Marketing & Promotions, Inc, 16631 Adlon Road, Encino, CA 91436 after July 29, 2014. Requests received after August 31, 2014 will not be honored.
9. Copies of Official Sweepstakes Rules: You may obtain a copy of these Official Rules from Station from July 22, 2014 through July 29, 2014 or from Big Top Marketing & Promotions, Inc. from July 22, 2014 through August 31, 2014. For a copy of the Official Rules, mail a self-addressed, stamped envelope to: From Your Radio Station to Radio City – America’s Got Talent Sweepstakes Official Rules Request, c/o Big Top Marketing & Promotions, Inc., 16631 Adlon Road, Encino, CA 91436. Requests received after August 31, 2014 will not be honored.
NBC Universal, Inc. is not a sponsor of the Sweepstakes and will not administer or manage the Sweepstakes in any way.
APPENDIX APLEASE NOTE: THIS APPENDIX IS FOR STATION INFORMATION ONLY AND MUST BE REMOVED FROM THE OFFICIAL RULES DOCUMENT BEFORE IT IS PUBLISHED.
Broadcast Disclaimer Information: ALL ON-AIR BROADCASTING OF NOTICE OF THE
PROMOTION MUST INCLUDE A BROADCAST DISCLAIMER. BROADCAST DISCLAIMER IS NOT PART OF THE OFFICIAL RULES. Broadcast disclaimer example: NO PURCHASE NECESSARY. Void where prohibited. Open only to permanent, legal U.S. residents of the terrestrial broadcast signal geographic listening area of the [Station] who are 18 years or older. Begins July 22, 2014 and ends July 29, 2014. Prize restrictions apply. To enter and for official rules and prize details, go to [website].
AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE
I, ______________________________, depose and state that my date of birth is ___/___/___, (must be 18 years of age or older) and my social security number is ________________. I reside at_________________________
_______________________________________________________ and my telephone number is ____________. I am employed by _____________________ at the following address: _____________________________________________and have been employed there for _____ years.
Prize being awarded: Three (3) day, Two (2) night trip to Las Vegas, Nevada on the set dates of October 16, 2014 – October 18, 2014. Trip includes: round-trip coach for two (2) between the major airport closest to winner’s home, as determined by Sponsor in its sole discretion, and to an airport in or near Las Vegas , NV (“Las Vegas Airport”) (as determined by Sponsors in their sole discretion); and three (3) days, two (2) night’s standard double occupancy hotel accommodations at The Mirage in Las Vegas, NV (“Hotel”) ; two (2) tickets to see Terry Fator : The Entertainer on October 17, 2014 and One (1) $100 Visa Cash Gift Card. Approximate total retail value of prize: $2,500.00
I submit this Affidavit with the understanding that it is being relied upon to confirm my eligibility to receive the above-referenced prize in the America’s Got Talent (“Promotion”) Sweepstakes, sponsored by NBC Universal, Inc. (“Sponsor”).
I understand that, subject to eligibility verification as well as acceptance of and compliance with the Promotion’s Official Rules (a copy of which is attached); I have been selected as the winner of the above-referenced prize. I understand that I am solely responsible for all expenses related to, including any federal, state or local taxes and fees in connection with, the prize awarded.
I affirm and represent that I have complied and will continue to comply with the Official Rules, that I have committed no fraud or deception in entering the Promotion or claiming any prize. I am unaware of any reason why I should not be entitled to accept the prize to be awarded to me. I further represent that I am not an employee (or a family or household member of an employee) of any entity that is a sponsor or otherwise involved in the development or administration of the Promotion as described in the Official Rules. I understand that if I am deemed ineligible or unable for any reason, including my inability or failure to comply with the Official Rules, to accept the prize, it may be awarded to an alternate winner by Sponsor, in its sole discretion.
I hereby give my consent to Sponsor to use my name, address (city and state), photo, likeness, biographical information, statement and voice, (including posting on any of Sponsor’s websites), worldwide in all forms of media, now known and hereafter devised, in perpetuity, without further notice to or compensation me, in any and all advertising and promotional materials relating to the Promotion and similar promotions that it may offer.
I understand and acknowledge and hereby, for myself, my heirs, executors and administrators, do waive and release any and all rights, claims, demands of any kind, and causes of action whatsoever I may have against Sponsor, its parents, affiliates, subsidiaries, and advertising and promotion agencies, or any other entity involved in the sponsorship, development or administration of the Promotion, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) for any loss, cost, injury, harm, matter, cause or things whatsoever (including, but not limited to, personal injury or death) arising from or in connection with my participation in the Promotion including, without limitation, my acceptance, use or misuse of any prize, or any parts thereof, that I have won in the Promotion.
I understand and agree that the nature, extent and result of the foregoing general release shall be to bar all Claims of whatsoever character, nature and kind, known or unknown, suspected or unsuspected; and in furtherance of this intention, hereby declare that I nevertheless desire to release in full all possible Claims and hereby waive, to the extent they apply, the provisions of section 1542 of the California Civil Code, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” In addition, I hereby expressly waive application of any and all rights under any other statute or rule or principle of common law or equity of any jurisdiction, government, or political subdivision thereof, similar to section 1542. I further understand that the significance of the foregoing waivers of California Civil Code 1542 and any similar provision are that, even if either should eventually discover damage or loss in connection with the Claims, I will not be permitted to make any claim whatsoever against the parties released in any jurisdiction for such damage or loss. I acknowledge and agree that the prize is non-transferable and non-redeemable for cash, and that no substitutions are available. Sponsor may provide a different prize of comparable or greater value unless otherwise expressly prohibited in the Official Rules. I acknowledge and agree that this offer is void where prohibited by law and subject to all federal, state and local regulations.
Sworn to before me this