Prize Description. Prizes will vary in each Contest. A description of each prize and its approximate retail value will be announced on air or at the Station Website. No credit or cash will be given for any unused portion of any prize package. No refund or compensation will be paid in the event a prize is defective. Sponsor is not responsible for lost or damaged prizes. All warranty claims must be made with the original manufacturer or issuer.
If the prize is electronic, the retail value may be subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the retail value is estimated and the date the prize is awarded or redeemed. A winner will not receive the difference, if any, between the retail value at the beginning of the Contest and the retail value at the time of prize delivery.
If the prize involves tickets to a sporting event, a concert or a show (“Event”), no refund or compensation will be paid in the event of the cancellation or delay of the Event. Sponsor will not be liable if the Event, or any portion of it, is cancelled or delayed. Sponsor may, in its sole discretion, attempt to reschedule for a future event. Prize winner is prohibited from selling or re-selling any ticket prize. Any such sale is deemed a breach of this contract and may subject winner to legal action and disqualification from participating in future promotions. Event tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the Event tickets may govern if the Event is cancelled due to weather, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Event tickets, vouchers, or certificates. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor.
Winner Notification and Acceptance. Sponsor will determine and notify the winning participant on or about the same day that the Contest Period ends, unless otherwise specified.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS VERIFIED ELIGIBILITY AND THE WINNER’S COMPLIANCE WITH THESE AND ANY OTHER APPLICABLE RULES.
Notification will vary according to the method of entry; a potential winner may be notified while on the Contest Line, by a message to his or her Social Media Platform account, by email, or by a telephone call to the telephone number included on such person’s entry, as applicable. In order to claim a prize, and unless otherwise stated by Sponsor, the potential winner must respond to Sponsor’s notification within twenty-four (24) hours of first attempted notification.
Unless otherwise specified by Sponsor, to claim his/her prize, the potential winner must personally visit Sponsor’s offices within fourteen (14) business days after notification (unless otherwise specified) during regular business hours (between 8:00 a.m. EST and 5:00 p.m. EST, weekdays, excluding holidays) and present an accepted form of identification. Subject to the Contest’s eligibility requirements, accepted identification includes: a UNF student ID and/or government issued photo ID. Failure to present the required identification will result in a potential winner’s disqualification and the forfeiture or his or her interest in any prize. Prizes must be claimed by the person identified as the potential winner. No person is permitted to claim a prize on another person’s behalf.
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable, the inability of winner and his/her guest to travel within the time period specified by Sponsor (as applicable), and/or the failure of a potential winner to comply with any term or condition of these Official Rules or any other applicable rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by based upon random selection, in Sponsor’s sole discretion. If Sponsor declines to select a substitute winner, or if the selected substitute winner is not eligible, fails to respond to Sponsor’s notification, or is otherwise disqualifies, the prize(s) will remain unawarded.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions are allowed by the winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Prizes not won and claimed by eligible winners in accordance with these Official Rules and any other applicable rules will not be awarded and will remain the property of Sponsor.
Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
Publicity. EXCEPT WHERE PROHIBITED, BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, SPINNAKER MEDIA, ETC., PRIZE PROVIDERS, SOCIAL MEDIA PLATFORMS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/ PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE SWEEPSTAKES OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
Indemnification. If Sponsor’s use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
Limitations of Liability. BY PARTICIPATING IN THE CONTEST, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED 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, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Only the stated number of prizes will be awarded in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the number of prizes specified by a random drawing among all legitimate eligible prize claims.
The statutory provision regarding contests is set forth at Section 508 of the Communications Act of 1934, as amended (the “Act”) (47 U.S.C. § 509). Section 508(a) of the Act (47 U.S.C.. § 509(a)) provides that it is unlawful for any person, with intent to deceive the listening or viewing public:
- To supply to any contestant in a purportedly bona fide contest of intellectual knowledge or intellectual skill any special and secret assistance whereby the outcome of such contest will be in whole or in part prearranged or predetermined. By means of persuasion, bribery, intimidation, or otherwise to induce or cause any contestant in a purportedly bona fide contests of intellectual knowledge or intellectual skill to refrain in any manner from using or displaying his knowledge or skill in such contests, whereby the outcome thereof will be in whole or in part prearranged or predetermined.
- To engage in any artifice or scheme for the purpose of prearranging or predetermining in whole or in part the outcome of a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance.
- To produce or participate in the production for broadcasting of, to broadcast or participate in the broadcasting of, to offer to a licensee for broadcasting, or to sponsor, any radio program, knowing or having reasonable ground for believing that, in connection with a purportedly bona fide contest of intellectual knowledge, intellectual skill, or chance constituting any part of such program, any person has done or is going to do any act or thing referred to in paragraph (1), (2), or (3) above.
- To conspire with any other person or persons to do any act or thing prohibited by paragraph (1), (2), (3), or (4) above, if one or more of such persons do any act to effect the object of such conspiracy.
For purposes of Section 508, the term “contest” means any contest broadcast by a broadcast station in connection with which any money or any other thing of value is offered as a prize or prizes to be paid or presented by the program sponsor or by any other person or persons, as announced in the course of the broadcast
Whoever violates Section 508(a) of the Act shall be fined no more than $10,000 or imprisoned not more than one year, or both. These penalties are in addition to any civil penalties or other enforcement action that may be assessed by the FCC.
The Commission’s requirements governing the broadcast of licensee-conducted contests are set forth in Section 73.1216 of the Commission’s rules, 47 C.F.R. § 73.1216. This rule requires that a licensee that broadcasts or advertises information about a contest that it conducts shall fully and accurately disclose the material terms of the contest, and shall conduct the contest substantially as announced or advertised. No contest description shall be false, misleading or deceptive with respect to any material term.
For purposes of Section 73.1216, the term “contest” is defined as a scheme in which a prize is offered or awarded, based upon chance, diligence, knowledge or skill, to members of the public. “Material terms” include those factors which define the operation of the contest and which affect participation therein. Although the material terms may vary widely depending upon the exact nature of the contest, they will generally include: (1) how to enter or participate; (2) eligibility restrictions; (3) entry deadline dates; (4) whether prizes can be won; (5) when prizes can be won; (6) the extent, nature, and value of the prizes; (7) the basis for valuation of prizes; (8) time and means of selection of winners; and/or (9) tie-breaking procedures.
In general, the time and manner of disclosure of the material terms of a contest are within the licensee’s discretion. However, the obligation to disclose the material terms arises at the time that the audience is first told how to enter or participate and continues thereafter. The material terms should be disclosed periodically by announcements broadcast on the station conducting the contest, but need not be enumerated each time an announcement promoting the contest is broadcast. Disclosure of material terms in a reasonable number of announcements is sufficient. In addition to the required broadcast announcements, disclosure of the material terms may be made in a non-broadcast manner.
The broadcast contest rule is not applicable to: (1) licensee-conducted contests not broadcast or advertised to the general public or to a substantial segment thereof; (2) contests in which the general public is not requested or permitted to participate; (3) the commercial advertisement of non-licensee-conducted contests; or (4) a contest conducted by a non-broadcast division of the licensee or by a non-broadcast company related to the licensee.