“THE 2016 ACURA ROCK POT”
OFFICIAL CONTEST RULES
1. NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. VOID WHERE PROHIBITED, SOME RESTRICTIONS APPLY.
2. SPONSORS: Entravision Communications Corporation, owner and operation of radio station KFRQ-FM, 94.5 (the “Station”), located at 801 N. Jackson Rd., McAllen, Texas 78501, and “Acura of the Rio Grande Valley LTD”, located at 1201 E. Expy 83, San Juan, Texas 78589 (“Acura Rio Grande” together with the Station are the “Sponsors”). The administrator of the Contest is the Station.
3. DATES OF THE CONTEST: The “2016 Acura Rock Pot” Contest (the “Contest”) takes place September 21, 2016 to November 3, 2016.
4. ACCEPTANCE OF OFFICIAL RULES: By entering, you agree to be bound by these Official Contest Rules (these “Official Rules”). Written copies of these Official Rules are available by mail upon written request to the Station at 801 N. Jackson Road McAllen, Texas 78501, Attention: Promotions Director with a stamped, self-addressed return envelope.
5. HOW TO ENTER: There are two (2) ways to enter the Contest:
(i) Listen to radio station KFRQ-FM, 94.5, between 2:00 pm and 7:00 pm, Monday to Friday during the Dates of the Contest. On-air personality “Rock and Roll James” will first announce the call number that will be selected to enter the Contest and then will instruct participants to call the Station. As soon as you hear the call number that will be selected that day to enter the Contest call phone number (888) 335-9494. If you are the designated call number of the day “Rock and Roll James” will give you a number on air that represents a potential final score for a local high-school football game taking place during that week (each individually the “Assigned Score”, and collectively the “Assigned Scores”). Assigned Scores will be given randomly and they will range from 0-9 to 9-9. Each day “Rock and Roll James” will designate a different call number to receive an Assigned Score. Calls will be selected in the order they are received; or
(ii) Go to Acura Rio Grande located at 1201 E. Expy 83, San Juan, Texas 78529 during the live remotes organized by the Sponsors on the dates of September 22, 2016, September 29, 2016, October 6, 2016, October 13, 2016, October 20, 2016, October 27, 2016, and November 3, 2016 from 4:00 pm to 6:00 pm (the “Acura Remotes”) and complete an official entry form. During each Acura Remote the Sponsors will randomly selected 10 participants to receive an Assigned Score.
Online radio streaming might have an audio delay and might reduce the possibilities for participants to call on a timely manner. The Sponsors are not responsible for dropped calls, poor cell phone reception or any other communication problems that result in the loss of connection with the Station. The Sponsors are not responsible for lost, late, incomplete, incomprehensible, misdirected, or mutilated entry forms, which such entry forms shall be disqualified. By submitting your entry form you authorize the Sponsors to announce your name on air. Limit one entry per person per day.
6. PRIZES: The winner will receive a gift card certificate with a cash value of $250.00 (Two Hundred and Fifty Dollars and 00/100) (the “Grand Prize”). The winner may pick up the Grand Prize at the offices of the Station located at 801 N. Jackson Road, McAllen, Texas 78501. There will be a total of seven (7) winners during the Contest and the total value of the prizes is $1,750.00 (One Thousand Seven Hundred and Fifty Dollars 00/100). Limit one (1) prize per person/household. Grand Prize is nontransferable. All Grand Prize details not specified in the Official Rules will be determined in Sponsors’ sole and absolute discretion. A list of prizewinners is available by mail upon written request to the Station, Attention: Promotions Director with a stamped, self-addressed return envelope.
7. HOW PRIZES ARE AWARDED: Each time an Assigned Score is given to a caller or a person participating in one of the Acura Remotes it will be entered into 10x10 football chart with one hundred (100) empty squares (ten (10) numbers going across and ten (10) numbers going down). Ninety (90) squares from the football chart will be given away on air to the selected callers and the remaining ten (10) will be given away during the Acura Remotes. Once all the Assigned Scores are entered into the one hundred (100) squares on the football chart, the Station will select the winner: the person that has the Assigned Number that matches the final score of the high school football game from the previous week. The winner will be announced every Monday during the Dates of the Contest. The odds of winning depend on the number of entries received. All winners are subject to eligibility verification, including without limitation, compliance with these Official Rules. If the Station cannot verify if a winner is eligible, or if a winner is otherwise unable to accept his/her prize, such prize will be forfeited and may be awarded to an alternate winner. A participant will not be deemed to be winner until the Station makes verbal contact with such participant. Eligibility requirements are set forth below.
8. ELIGIBILITY: All participants must be at least eighteen (18) years of age with a valid social security number at the time of entry. Employees and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and household of such employees of the Sponsors and their affiliates, subsidiaries, agents, distribution, advertising and promotion agencies, or any other companies engaged in the development, production of distribution of Contest materials are not eligible.
9. CONDITIONS OF PARTICIPATION: By participating in the Contest, you agree to be bound by the decisions of the Sponsors. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, illegal, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsors will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsors’ 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 Sponsors, the Sponsors reserve the right to suspend and/or modify the Contest, or any part of it, or to make such other decisions regarding the outcome as the Sponsors deems appropriate. All decisions will be made by the Sponsors and are final. Future contests or tie-breakers, if any, may be significantly more difficult than the initial contest. The method of determining prize-winners if a tie remains after completion of the last tie-breaker will be at the Station’s discretion. The Sponsors may waive any of these rules in their sole discretion. The Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Any and all improprieties should be reported immediately to The Promotions Director for the Station at 956-687-4848. The Sponsors reserve the right at their sole discretion, to disqualify any individual who violates these rules or applicable law, tampers with the entry process or the operation of the Contest, engages in any conduct detrimental to Sponsors, the Contest or any other entrant (in each case as determined in Sponsors’ sole discretion), or acts in violation of these Official Rules, to lock out any individual whose eligibility is in question, and to cancel, terminate, modify or suspend this Contest at any time. The Sponsors disclaim any responsibility to notify participants of any aspect related to the conduct of the Contest. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK FROM ANY SUCH PERSON DAMAGES AND ANY OTHER REMEDIES AVAILABLE TO THE SPONSORS TO THE FULLEST EXTENT PERMITTED BY LAW.
10. RELEASE: Unless prohibited by law, acceptance of any prize offered constitutes permission to use the name, voice, and/or likeness (photo, videotape or film) and basic personal information of participants in any medium selected by the Sponsors for purposes of advertising and promotion without further compensation to the participants. Unless prohibited by law, each participant hereby releases the Sponsors and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in the Contest and any participation in any activity relating to the Contest. In order to participate in the Contest, Participants must sign an official affidavit of eligibility and release provided by the Sponsors. Sponsors are not responsible for printing or distribution errors and may rescind or revoke this Contest based upon any such error without liability at their sole discretion. All federal, state, and local laws apply. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsors, its affiliates, subsidiaries, retailers, sales representatives, distributors and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) 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; (c) all causes of action arising out of or connected with this sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
11. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SPONSORS, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. DISCLAIMER OF WARRANTIES: THE CONTEST AND THE PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
13. TAXES: Any valuation of the prize(s) stated above is based on available information provided to the Sponsors, 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 which is not specifically provided for in the Official Rules. Each winner must provide valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize, unless specifically permitted under these Official Rules. Any person winning over $600.00 in prizes 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.
14. GOVERNING LAW AND JURISDICTION: This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof shall take place in the State of Texas, in the City of McAllen, County of Hidalgo.