KHOP “Disneyland® Resort – Halloween Time” 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 “DISNEYLAND RESORT” 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 or older and who are unmarried 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. Only one (1) on-air winner per immediate family member or household.
- Contest Period. The Contest will begin at 6:01a.m., PT on September 30, 2019 and will run until there have been fifteen (15) on-air winners or 6:00 p.m., PT on October 11, 2019 (whichever occurs first) (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
- How to Enter.
(i) On Air: Listen to the Station weekdays from 6:00 a.m. to 6:00 p.m. (all times Pacific) weekdays during the Contest Period. When the station plays the “High/Low” cue–to call, 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 have the opportunity to play KHOP’s “High / Low” for the opportunity to win. 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.
- Winner Selection: Each weekday during the Contest Period, the Station will play the cue-to-call several times per day. When the cue-to call is played, caller nine (9) to the Station will have the opportunity to play “High / Low.” The Station will pre-select a number between one (1) and ninety-five (95), which might be the number one (1) or ninety-five (95) for callers to have the opportunity to guess. Caller nine (9) will be instructed to correctly guess the pre-selected number between one (1) and ninety-five (95), including choosing either the number one (1) or the number ninety-five (95). If the caller picks the correct pre-selected number, s/he will be determined a winner, awarded a Prize (as defined below) and entered in the drawing for the “upgrade” Grand Prize (as defined below), subject to verification of eligibility and compliance with these Contest Rules. Once a listener picks the correct number, the Station will then pick a new pre-selected number, and the game will start over the next hour or the first time the game is played on the following weekday. If the number the listener selects is wrong, the listener will be told that the number is either too high or too low, and the game will continue the following hour or the following weekday, as applicable. Callers will have one (1) and only one (1) guess. The first number that the caller states will be deemed to be the one (1) and only one (1) guess. If a caller chooses the wrong pre-selected number, then the caller does not win anything, but is eligible to play again. There will be a maximum of fifteen (15) on-air winners. All on-air winners will be pooled, and one (1) winner will have their prize “upgraded” in a random drawing of all on-air winners. The Grand Prize “upgrade” drawing will take place at 7:00am PT the following weekday after the fifteenth (15) on-air winner is determined or on October 14, 2019 (whichever is earlier). The winners will be notified at the time of the call and may be contacted using the email address and/or telephone number provided to Station and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). 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. 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.
- Prizes: Up to fourteen (14) Prizes will be awarded in this Contest. Each Prize is four (4) tickets for two (2) Day, entrance into one (1) Park per day to the Disneyland® Resort ARV: Nine Hundred Dollars ($900). Up to one (1) Grand Prize will be awarded in this Contest. The Grand Prize is four (4) tickets for three (3)-Day entrance to one (1)-Park per day to the Disneyland Resort, two (2) night stay at one of the Hotels of the Disneyland Resort (as selected by Disney in its sole discretion), round trip airfare from Sacramento to Southern California, and roundtrip ground transfers in Southern California between airport and hotel ARV: Two Thousand Eight Hundred Sixty Eight Dollars ($2,868). Winner is responsible for all taxes associated with prize receipt and/or use. Odds of 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. The Grand Prize is an “upgrade” from the Prize, not “in addition to.” Therefore, the Grand Prize winner will receive the Grand Prize elements only, not the Prize and Grand Prize. The actual retail value of the Grand Prize may vary depending on the point of departure, travel itinerary, airfare fluctuations at the time of awarding/booking and/or accommodations. Any difference between the above stated ARV and the actual retail value of the Grand Prize will not be awarded. Winner will be informed of the Actual Retail Value at the time the Grand Prize is redeemed. Winner acknowledges that s/he will be provided a 1099 on the actual retail value.
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. Other restrictions may apply.
If winners elect to partake in any or all portions of the Prize or Grand Prize with fewer than three (3) guests, the Prize or Grand Prize (as applicable) will be awarded to winner and each participating guest and any remainder of the Prize or Grand Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption
Prize and Grand Prize (all elements) must be used by September 15, 2020. Grand Prize travel dates to be mutually agreed upon by winner and Disney. Winner and guests must travel on the same itinerary. Winner’s guests must be twenty-one (21) years of age or older unless winner is the parent or legal guardian of minor guests. Grand Prize Trip is non-transferable and no substitution will be made except as provided herein at the Station’s sole discretion. Tickets may not be sold, redeemed for cash, traded, transferred or rescheduled to dates other that set forth above.
Should the Grand Prize winner be unable to travel for any reason, winner immediately forfeits the Grand Prize and at that time, Station may select an alternate Grand Prize winner in its sole and exclusive discretion and in compliance with these Contest Rules.
- 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 Radio LLC, 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 SPONSORS: Cumulus Radio LLC, KHOP – 3127 Transworld Dr. Suite 270, Stockton, CA 95206.
PRIZE PROVIDER: Disney