Chavez Radio Group Rules For Polaris RZR Contest
Chavez Radio Group Inc., a California Corporation (the “Company”) through its radio stations KNAI 88.3 FM, KYCA FM, KSEA 107.9 FM, KRIT 93.9 FM, KMYX 92.5 FM, and KRCW
96.5 FM (collectively the “Stations”) will conduct a promotion sponsored by La Red Music, Lizos Music, and Andaluz Music (“Sponsors”) from December 1, 2021 through December 31, 2021 to award one winner a used Polariz RZR side-by-side vehicle by the end of the contest (“Contest”). The Contest will be held by the Stations referenced above which are owned by the Company (the “Participating Stations”). The Company will conduct this Contest as described in the following official contest rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on the Participating Stations owned by the Company and the Company may add or remove the Participating Stations or change call letters on any Participating Stations at any time during a contest as announced on the affected station. The Participating Stations are listed above.
The Contest is administered by the Company and any questions, comments, or complaints regarding the Contest must be directed to the contest administrator at the CRG Promotions Department. Entrant (s) acknowledges and understands that any information provided will be used for administering the Contest. The Company, Participating Stations, Contest Sponsor, promotional partners and administrators are herein collectively referred to as the “Contest Entities.”
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
PURCHASE DOES NOT INCREASE ODDS OF WINNING. This Contest is open to legal residents of the United States who are 18 years of age or older unless otherwise announced or stated herein. Void outside participating Station’s Total Market Area (“TMA”) and where prohibited. Do not enter this contest if you are not located in the United States at the time of entry. Odds of winning depend upon the number of eligible entries received during the Contest Period.
1. Description of Contest/Participation.
A. Dates of Contest:
The Contest will take place under the following rules during the period of December 1, 2021 through December 31, 2021 (“Contest Period”). The Contest will be conducted through the Participating Stations’ phone line and WhatsApp numbers during the dates mentioned above.
B. How to Play and Winner Selection:
Throughout the Contest Period participants must send a “Ho-Ho-Ho Santa Claus” imitation audio recording (the “Santa Claus Audio Recording”) through the Participating Stations’ phone line and WhatsApp numbers during the dates mentioned above. Each participant who submits the Santa Claus Audio Recording will be entered into the Contest. The winner of the Contest will be determined through a random draw.
Please refer to the on air announcements on the Participating Stations and campesina.com for specifics on participation and how a winner will be determined. Only one entry per person per household permitted for the duration of the Contest. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the telephone phone number/WhatsApp account submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail.
C. Conditions on Participation:
If the entrant is unable to verify registration information, the entrant will automatically be disqualified and his or her prize will be forfeited. The Company reserves at its sole discretion the right to choose an alternative qualifier in the event that a qualifier has been disqualified or is deemed ineligible. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication the Company and/or Participating Stations may use to contact the qualifier and/or a potential winner. The Company and/or Participating Station are not obligated to leave a voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated, the entrant will automatically be disqualified and his or her prize will be forfeited, no alternative prize will be substituted. Furthermore eligible contestants agree as follows: All decisions of the judges will be final.
By participating, you agree (a) to be bound by the Contest’s Official Rules; (b) as between you and the Company, that the decisions of the Company are final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then the eligible winner will be disqualified. The Company, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
2. Prize(s).
One winner of the Contest will be awarded one (1) used Polaris RZR side-by-side vehicle (the “Prize”). Conditions and restrictions may apply. The Prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion. All prizes must be redeemed from the Company within 10 days of the contest end date unless otherwise stated or instructed at the time the winner is selected or
unless required as in date specific prizes. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative Prize winner. For certain prizes which are date specific, the Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded. Company reserves the right to not award the Prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Company’s sole discretion or may be predetermined as supplied by the Sponsor. Winners are solely responsible for any taxes on their respective Prizes. No cash equivalent or substitution of any Prize is offered, except at the sole discretion of the Company. If a Prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such Prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the Prize. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s Prize, in its sole discretion.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
No more than the advertised number of Prizes will be awarded. The Prize elements will be awarded as described herein (subject to legal restrictions, etc). If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. By accepting the Prize, the Prize winner must agree to the Prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Contest Entities with respect to the Contest are final and binding; (ii) to release the Contest Entities and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the Prizes; (iii) to allow the Contest Entities to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this Contest, without additional financial or other compensation; and (iv) where allowed by law, sign a publicity release confirming such consent prior to acceptance of the Prize. The Contest Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the Prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, pandemic, civil unrest, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control.
All other costs and expenses related to Prize acceptance and use not specified as being provided are the sole responsibility of Prize winner. The Contest Entities are not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Contest Entities will have no further obligation to winner.
3. Eligibility and Limitations.
Participants and winner(s) must be at least 18-years old, as of the date of entry and Prize award as determined by the Company, unless otherwise announced at the time the cue-to-call was broadcast on-air and is a legal resident of the 50 U.S states or D.C. All contestants must be at least 18 years old to be eligible to participate in contests that include hotel/motel accommodations, motor vehicles, boats, and/or air travel as prizes. Participants and winners must reside within the TMA of the Participating Stations. Unless otherwise stated in the Official Contest Rules, only one (1) entry per person and only one (1) prize per household for the Contest and for any thirty (30) day period. Employees of the Company, the Participating Stations, the Contest’s participating Sponsor and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer.
(a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who the Company determines (in its sole discretion) is or is attempting to: (i) tamper with the Company’s website, radio stations, and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or the Company’s agents; and/or (iv) otherwise violating
these Official Rules or the Terms of Use of the Company’s Website.
(b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE, RADIO STATIONS (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANYAND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST.
If, in the Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, the Company reserves the right to void suspect entry and/or evaluations and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all contests the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any
injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise.
The Company and/or Participating Stations are not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Company further reserves the right to cancel, terminate or modify the contest if, in the sole discretion of the Company, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. The Company and/or Participating Stations may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Company reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined. In the event of termination of the Contest by Company, Company reserves the right to award any prize(s) in a manner deemed fair and equitable by Company. In no event will the type and quantity of prizes awarded exceed the number of prizes described in the Contest Official Rules.
5. Publicity; Use of Personal Information.
By participating, where allowed by law, all winner(s) grant the Contest Entities exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that the Contest Entities may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list.
6. Release.
By participating in the Contest, each participant and winner waives any and all claims of liability against the Contest Entities and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any Prize, including any travel related thereto. In order to receive a prize, participants must sign an official waiver form provided by the Company.
7. Taxes.
Any valuation of the Prize(s) stated in the Contest Official Rules is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the Prize(s) and paying any expenses associated with any Prize(s) which are not specifically provided for in the Official Rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
8. Conduct and Decisions
By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate.
If, for any reason, more bona fide winners come forward seeking to claim the Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under
such circumstances. No more than the advertised number of Prizes will be awarded. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest to the Contest Entities’ “discretion” and/or any exercise of discretion by the Contest Entities shall mean in the Contest Entities’ “sole and unfettered discretion.” Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. The Company further reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) cancel, terminate or modify the Contest if, in the sole discretion of the Company, it is impossible or impractical to complete the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort ; (iii) alter or amend these Contest Official Rules at any time; and (iv) stop or conclude the Contest at any time without prior notice. Material changes to the Contest Official Rules will be broadcast on-air, when practical.
9. Miscellaneous.
Odds of winning depend upon the number of eligible entries received during the Contest Period from all Participating Stations. Each winner must submit proof of eligibility and sign the Company’s release form to claim the Prize. The Company may substitute prizes, amend the
Contest Official Rules or discontinue the Contest at any time as announced on the Participating Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the Contest Official Rules, or where required by law, a list of winners, visit the business office of the Participating Stations during normal business hours or visit the Participating Stations’ websites. All entries become the property of the Company and will not be returned.
As a condition of participating in the Contest, participants agree (and agree to confirm in writing): (a) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Participation in the Contest constitutes entrant’s full and unconditional agreement to, and acceptance of Contest’s Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.
10. Compliance with Law
The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company and Participating
Stations shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.