The following constitutes General Contesting Rules, both on-air and off-air, on Hog Radio, Inc. radio stations, including KAKS-FM, KBVA-FM, KCYT-FM, KFMD-FM, and KUOA-AM (Hereinafter “station”).
- All station contests are open to persons eighteen (18) years of age or older, being residents of the United States. Employees of the station, participating sponsors and their advertising agencies, employees of other broadcast companies, and members of the immediate family or cohabitants of any such persons are not eligible to participate and win.
- If station contest involves voting on a website, voting is limited to one (1) vote per person. Station reserves the right to disqualify any person based on multiple or irregular voting at station’s sole discretion.
- If station contest requires telephone or internet participation, station disclaims all liability due to equipment malfunctions, disconnections, or other acts, be they within or beyond the control of station.
- Only one (1) prize from station may be awarded per household within any thirty (30) day period for prizes valued under $100. Only one (1) prize from station may be awarded per household within any one hundred eighty (180) day period for prizes valued over $100.
- All prizes must be received within 14 days of winning. Reception of prize is the sole responsibility of winner. All unclaimed prizes will be forfeited. Station is at liberty to give away any unclaimed prize at the end of the 14 day grace period.
- Station may substitute another prize in the event of non-availability of an announced prize. Substitution may be of equal, lesser, or greater value at station’s sole discretion.
- Prizes shall be received in person at the station, 2704 American Street, Springdale, Arkansas, weekdays from 9:00 a.m. to 11:30 a.m. or 1:30 p.m. to 4:30 p.m. Proper state-issued identification (including, but not limited to, valid driver’s license, passport, state ID, military ID) required. If requested, prizes may be mailed to winners at the discretion of station. Station is not responsible for the failure or tardiness of prizes delivered via US Postal Service or other courier.
- A designated representative may be allowed to accept a prize for the winner at sole discretion of station. Written authorization from the winner including representative’s name, ID, and a photocopy of the winner’s identification is required.
- Via participation, each participant and winner waives any and all claims of liability against station, its employees and agents, sponsors and their respective employees and agents, for any personal injury or loss, financial or otherwise, which may occur from the conduct of, or participation in, the contest, or from use of any prize. Winners must sign an official waiver form provided by station prior to receiving any prize.
- Additions or deletions to these rules may be made at the discretion of station, and may be enacted at any time.
- All contest entries become the property of station. Furthermore, station may withhold any contest materials crucial to the completion of the contest.
- All contestants acknowledge, as a condition of entry, that station has a right to publicize or broadcast the winner’s name, character, likeness, voice or all matters incidental herein.
- All prizes are non-transferable and void where prohibited by law. No cash substitution of prizes allowed.
- Winners are solely responsible for any and all taxes incurred and expenses associated with prizes which are not specifically provided for. Any person winning over $600 in prizes from station will receive an IRS form 1099 at the end of the calendar year, a copy of which will be filed with the IRS by station.
- In the event that a winner chooses not to accept a prize, he or she forfeits all claim to that prize. Station then has the right, at its sole discretion, to award that prize to another person or forfeit the contest in its entirety.
- By participating, participants agree to be bound by the decisions of the station. Persons who violate any rule, gain unfair advantage, or obtain winner status via fraudulent means will be disqualified. Disruptive, harassing, or threatening behavior is prohibited. Any attempt to deliberately circumvent, disrupt, damage, or undermine the contest is a violation of law. Station reserves the right to seek civil and/or criminal prosecution to the fullest extent permitted by law.
- Void where prohibited. Odds of winning dependent upon number of participants.
- Rules provided for by the official rules of a specific contest shall take precedence over any rule to the contrary herein.
- Basic contesting rules and addenda are available for review during regular business hours at the station offices, 2704 American Street, Springdale, Arkansas.
- Any and all decisions of station are final.
“Jingle Bell Rock”
Official Giveaway Rules
A complete copy of these rules can be obtained at the offices of radio stations KBVA-FM, KCYT-FM, KFMD-FM, (collectively, the “Stations”), owned and operated by Hog Radio, Inc. (“Owner”), 2704 American Street, Springdale, AR 72764, during normal business hours Monday through Friday, or by sending a self-addressed, stamped envelope to the above address.
The Stations will conduct the “Jingle Bell Rock” Giveaway (the “Giveaway”) in conjunction with multiple sponsor advertisers, each of whom has provided prizes for the giveaway (“Sponsor”) substantially as described in these rules, and by participating, each participant agrees as follows:
- NO PURCHASE IS NECESSARY. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
- Eligibility. This Giveaway is open only to legal U.S. residents age 18 years or older with a valid Social Security number and who reside in the Station’s Total Survey Area (“TSA”) as defined by Nielsen Audio at the time of entry. Void where prohibited by law. Employees of Owner, its parent and subsidiary companies, affiliates, related entities and subsidiaries, Sponsors, advertising agencies, other radio stations serving the Stations’ TSA, 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 Giveaway 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 Owner’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Giveaway Period; Grand Prize Event. The Giveaway will begin at 8:01a.m. CST on November 26, 2018 and will run through 11:59p.m. CST on December 24, 2018, or until the Jingle Bell Rock hidden treasure marker is located and returned to Stations (the “Giveaway Period”).
- Winner Selection. Station management has placed a hidden treasure marker within the Stations’ TSA. The first person that may meet each of the following requirements will be deemed the Grand Prize winner:
i) Locate the hidden treasure marker
ii) Return the hidden treasure marker to Stations
iii) Meet all requirements from (2) Eligibility above.
- Verification of Potential Winner. POTENTIAL GIVEAWAY WINNER IS SUBJECT TO VERIFICATION BY OWNER WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. 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 will be required to sign and return to Owner, within three (3) days of being declared the potential winner, 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 Giveaway 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, the prize may be awarded at sole discretion of Owner among all remaining eligible entries.
- Grand Prize. One (1) Grand Prize will be awarded in this Giveaway. All expenses and fees associated with the grand prize are the sole responsibility of the winner. 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 persons attempting to recover the hidden treasure marker during the Giveaway Period.
- 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 Giveaway; (b) release and hold harmless Sponsor, Owner, and its subsidiaries, related and affiliated companies, participating Owners, the prize suppliers and any other organizations responsible for Owning, fulfilling, administering, advertising or promoting the Giveaway, 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 Giveaway, 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 Giveaway and/or entrant’s acceptance, use, non-use or misuse of the prize.
- Publicity. Except where prohibited, participation in the Giveaway constitutes winner’s consent to Station’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
- 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.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Giveaway, 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 Giveaway, 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 Giveaway or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Giveaway 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 entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (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 Giveaway; (4) technical or human error which may occur in the administration of the Giveaway 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 Giveaway or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Giveaway, provided that if it is not possible to award another entry due to discontinuance or completion of the Giveaway, or any part of it, for any reason, Station, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prizes awarded, other than those concerning the administration of the Giveaway or the determination of the winner, 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 Giveaway, 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 Giveaway, 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 Owner in connection with the Giveaway, 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.
- Giveaway Results. A winners list may be obtained after December 24, 2018 by sending a self-addressed stamped envelope to the Giveaway Owner identified below.
GIVEAWAY OWNER: Hog Radio, 2704 American St., Springdale, AR 72764