MAGIC 99.5, 93.3 THE Q AND 96.3 NEWS RADIO’S “PAINT IT FORWARD” CONTEST
A complete copy of these rules can be obtained by contacting radio stations KMGA, KOBQ, and KKOB (collectively, “Stations”), 500 4th St NW Albuquerque NM 87114, during available business hours Monday through Friday, on the Stations’ websites, www.magic99.5abq.com, www.933theq.com, or www.newsradiokkob.com, or by sending a self-addressed, stamped envelope to the above address.
The Stations will conduct the MAGIC 99.5, 93.3 THE Q AND 96.3 NEWS RADIO’S “PAINT IT FORWARD” Contest (the “Contest”) substantially as described in these rules, and by participating, each entrant agrees as follows:
1. 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 of the Stations’ Designated Market Area (“DMA”) as defined by Nielsen Audio, age eighteen (18) years or older at the time of entry with a valid Social Security number, who have not won a prize from the Stations in the last 60 days or a prize valued at $500 or more in the last 60 days, and whose immediate family members or household members have not won a prize from the Stations in the last 60 days or a prize valued at $500 or more in the 60 days. Void where prohibited by law. Employees of Stations, Cumulus Radio LLC, and each of their parent companies, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Stations’ 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 Stations’ 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.
2. Contest Period. The Contest entry period will begin at 6:00am MT on Monday, August 30, 2021 and will through 11:59pm MT on September 18, 2021 (the “Contest Period”). The Stations’ computer is the official time keeping device for this Contest.
3. How to Enter. There is one (1) way to enter:
Online: Visit a Station’s website, www.magic995ab..com, www.933theq.com, and www.newsradiokkob.com, during the Contest Period, click on the “Contest” link, and complete an entry form, which includes an essay submission (maximum 2000 character) nominating a non-profit or charitable organization to win and why. All entries must be received by 11:59pm MT on September 18, 2021 to be eligible for a chance to win a prize. Only local 501c3 non-profit or charitable organizations are eligible to be nominated. Limit one (1) entry per person per day, regardless of how many email addresses a person may possess and use. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant 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 entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Stations are 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 entrant. 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 Stations and will not be returned. Stations reserve 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.
4. Winner Selection. At the conclusion of the Contest Period, Stations will review all valid entries submitted during the Contest Period and select one (1) winner, in Stations’ sole discretion, to win the Grand Prize based on the needs of the charity and the nomination that best describes why the charity should win. On or about 12:00pm MT on September 21, 2021, Stations will announce the Grand Prize winner. The selected entrant and winning organization will be contacted using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Stations’ decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification or failure to claim the prize within three (3) days of verification as a winner will result in disqualification and forfeiture of the prize.
5. Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATIONS 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 may 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 Stations, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) to claim the 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, Stations may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Unclaimed prizes may not be awarded.
6. Prize. One (1) prizes will be awarded in this Contest.
The Grand Prize is up to Ten Thousand Dollars ($10,000) of interior and/or exterior painting services to be completed by Mike’s Quality Painting (“MQP”). Exterior services will be provided on a weather-related basis at the discretion of MQP. There is no carryover or reassignment of the unused value of the painting services provided by MQP. The Grand Prize does not include any other services provided by MQP (i.e. Penntek floor coating products or services). Painting must be completed by February 29, 2022. Any extension of that date is at the discretion of Mike’s Quality Painting. ARV Ten Thousand Dollars ($10,000). Recipient of the Grand Prize 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. Stations reserve the right to substitute any listed prize for one of equal or greater value for any reason.
TOTAL ARV OF ALL CONTEST PRIZES IS: Ten Thousand Dollars ($10,000).
Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning a 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.
There is no substitution, transfer, or cash equivalent for prizes, except that the Stations may, in their sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
If any prize or a portion of any prize is postponed, cancelled, or otherwise unavailable due to disease, epidemic, pandemic, quarantine, any acts of government and/or any reason that is beyond the control of Stations or any Sponsor, then no substitution shall be provided. Stations and any Sponsors make no representation or warranty about the safety of any prize. By accepting and using a prize, each winner acknowledges and assumes all risks of accepting and using the prize, and any other the risks associated with the prize.
7. Entry Conditions and Release. By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Stations, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Stations, Cumulus Media New Holdings Inc., and each of their 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 entrant’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.
To the fullest extent permitted by law, by participating in the Contest, entrants:
i. agree to grant the Station a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of the Contest entry (the “Materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to you or any third party;
ii. acknowledge that the Station reserves the right, in its sole discretion, not to use the Materials at all; and
iii. represent and warrant that they have the legal right, power and authority to grant to the Station the license provided for herein; own or control the complete exhibition and other rights to the Materials submitted for the purposes contemplated in this license; are either the parent (or legal guardian) of any minor featured in the Materials or have received the express consent of the parent (or legal guardian) for any such minor to appear in the Materials and to enter the minor’s likeness in the Materials in the Contest; and neither the Materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
8. Publicity. Participation in the Contest constitutes entrant’s consent to use by the Stations and its agent of entrant’s name, likeness, photograph, voice, opinions, entry, and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
9. Taxes. 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.
10. General Conditions. Stations reserve 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 Stations’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Stations in their sole discretion. Stations reserve 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 acting 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, Stations reserves the right to seek damages from any such person to the fullest extent permitted by law. Stations’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Stations, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error that may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property that 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. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Stations reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Disputes. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) 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 Stations’ listening area; (c) 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 (d) 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 Stations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Stations are located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Stations arelocated or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Stations are located.
14. 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 Stations identified below.
CONTEST SPONSOR: Cumulus Radio LLC, KMGA, KOBQ, KKOB, 500 4th St NW Albuquerque, NM 87102.
PRIZE SPONSOR: Mike’s Quality Painting, 3416 Vista Alameda NE Suite A, Albuquerque, NM 87113