KHOP’s “GUESS WHO’S IN IT TO WIN IT – MAZDA3” Contest
A complete copy of these rules can be obtained at the offices of radio station KHOP (“Station”), owned and operated by Cumulus Radio LLC, 3127 Transworld Dr. Suite 270, Stockton, CA 95206, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the KHOP “GUESS WHO’S IN IT TO WIN IT – MAZDA 3” 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 age eighteen (18) years 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. 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 at 6:01am PT on May 13, 2019 and will run through 11:59pm PT on July 14, 2019 (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
- How to Enter. To enter:
- On-Air: Listen to the Station weekdays during the 7:00am, 8:00am, 11:00am, 1:00pm, 3:00pm, and 4:00pm hours (all times Pacific) during the Contest Period (Excluding May 27, July 4 & July 5). When the Station plays the “cue-to-call” sounder, listeners should call the Station at 209-548-0951. Caller nine (9) to the Station, as determined by the Station in its sole discretion, will play “Guess Who’s In It To Win It” game. Station will give clues on-air about the identity of a mystery celebrity. If the caller correctly identifies the mystery celebrity using the clues provided on-air, as determined by Station in its sole discretion, the caller will be qualified to participate in the Grand Finale Event with the chance to win the Grand Prize (as defined below). If the caller does not correctly identify the mystery celebrity, the caller does not win, and the game is over until the next hour. There will be a maximum of eighty (80) on-air finalists. Time Delay Between Over-the-Air Analog Signal and Internet Broadcast: Due to the time delay that exists between the Station’s analog over-the-air signal and the Station’s online webcast, listeners who listen to the Station online may hear the cue to call later than listeners listening to the Station’s analog over-the-air signal. As a result, the odds of an online listener entering this Contest on-air may be diminished.
- Mazda Stops: Attend a KHOP Mazda Stop appearance (each a “Remote Broadcast”) conducted by Station and complete an entry form. Limit one (1) entry per person per Remote Broadcast. All entries must be received by the deadline stated at the Remote Broadcast. All incomplete or illegible entries will be disqualified at the Station’s sole discretion. The locations, dates, and times of the Remote Broadcasts will be announced on-air and posted at the following URL: http://www.khop.com/contests. The list of Remote Broadcasts will be updated as new locations and dates are added or otherwise modified throughout the Contest Period at the Station’s sole discretion. On or around 9:00am PT on July 15, 2019, Station will select a minimum of fourteen (14) entries to qualify as finalists to participate in the Grand Finale Event for the chance to win the Grand Prize from all the Remote Broadcast entries received by Station during the Contest Period.
- Day of Finale: Attend the Remote Broadcast on the morning of July 20, 2019 (exact time to be announced on-air) and complete an entry form. Limit one (1) entry per person. All entries must be received by the deadline stated at the Remote Broadcast. All incomplete or illegible entries will be disqualified at the Station’s sole discretion. At the conclusion of the Remote Broadcast, Station will select one (1) entry to qualify as a finalist for the Grand Finale Event for the chance to win the Grand Prize.
There will be up to ninety-five (95) finalists qualified for the Grand Finale Event in this Contest. Listeners may only qualify for the finale once.
- Winner Selection. On July 20, 2019, all finalists must attend the Grand Finale Event at Modesto Mazda (4100 McHenry Ave., Modesto, CA). Sign in starts at 10:30am PT, and the winner selection begins at 11:00am PT or after all finalists are checked in (whichever is earliest). Any finalist not checked by 11:00am PT will be disqualified from participating and may not win the Grand Prize. Once the winner selection starts, no late-signs in will be accepted. FINALISTS MUST BE PRESENT TO PARTICIPATE AND/OR WIN. No proxies allowed. Upon sign–in, finalists will be given a randomly drawn number from 1-95 (including 1 and 95) and a randomly drawn lanyard with the photo of one (1) of five (5) celebrities.
ROUND ONE: In the first round, Station will conduct a reverse draw elimination using the celebrity photos. Station will place one (1) photo of each of the five (5) celebrities in a box and will randomly draw one (1) photo at a time. Each time a celebrity photo is drawn, the finalists with that corresponding celebrity on their lanyard will be eliminated. Station will draw four (4) photos. After the fourth draw, the finalists that have the lanyards with the one (1) undrawn celebrity photo will move on to Round Two. A maximum of nineteen (19) finalists will advance to Round Two.
SECOND CHANCE DRAW: At the conclusion of Round One, all finalists eliminated in Round One will have their numbers put in a box for a second chance drawing to move on to Round Two. Station will randomly draw numbers, and the eliminated finalists with the corresponding number will be a second chance finalists that will move on to Round Two. Station will select) second chance finalists until the total number of finalists from Round One and second chance finalists totals twenty (20).
ROUND TWO: In Round Two, Station will put the numbers of the twenty (20) finalists in a box and randomly draw one (1) at a time. When a finalist’s number is drawn, the finalist will select one(1) of twenty (20) numbered envelopes. Each envelope contains a key fob to the Mazda3. When a finalist selects a fob, they will attempt to activate the panic button on the Mazda3. If the panic button activates, that finalist will be the winner (subject to verification of eligibility and compliance with the terms of these rules).
In the case of key fob failure, one (1) Station representative will have prior knowledge of the winning envelope, and will seal that information in an envelope and keep it on their person. If the winning key fob does not work, the Station representative will reveal the information, and the finalist that selected that envelope will be determined the winner. All qualifiers will be contacted using the email address and/or telephone number provided with their entry. Station’s 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. In all matters affecting the Contest, the decisions of the judges (Station) are final. Station reserve the right to change any rules if deemed necessary during the Contest to preserve the integrity of the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS 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 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 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. One (1) Grand Prize will be awarded in this Contest. The Grand Prize is a 2019 Mazda3 Hatchback ARV Twenty Six Thousand Seven Hundred Fifteen Dollars ($26,715). 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.
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its 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. Ground transportation is not provided. Other restrictions may apply.
- 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.
- Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions 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.
- 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 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, 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 Station, 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. 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, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, 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, 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 Station 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 Station identified below.
- CONTEST SPONSOR: Cumulus Radio LLC, 3127 Transworld Dr. Suite 270, Stockton, CA 95206