CLIPINTERACTIVE SWEEPSTAKES RULES
September 10, 2012, 10:55 am
CLIPINTERACTIVE SWEEPSTAKES RULES 1. Sponsor.
NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL SWEEPSTAKES ARE SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW
ClipInteractive, Inc. 3200 Carbon Place, Suite 101 Boulder, CO 80301 (“Sponsor”)
The KXL FM News 101 Sweepstakes (“Sweepstakes #5”) (each a “Sweepstakes” and collectively referred to as the “ClipInteractive Sweepstakes”) are open to U.S. residents, 18 years of age or older (each a “Eligible Entrant”). The following parties are not eligible to participate in the ClipInteractive Sweepstakes: (a) employees of KINK 101.9 FM, KUPL 98.7FM, KBFF 95.5 FM, KXTG 750 AM, KXL 101 FM, Alpha Broadcasting, LLC, any of its owners, affiliates, directors, franchisees or subsidiaries; (b) employees of Sponsor, any of its owners, affiliates, directors, franchisees or subsidiaries; and (c) any television and radio stations in the Portland, Oregon market, and their affiliates, subsidiaries, advertising or promotion agencies (if any), any provider of any prize offered in any Sweepstakes or any business or entity involved in the development, production, implementation, administration or fulfillment of any Sweepstakes ((a) through (c) collectively, the “Released Parties”) and the immediate family members any of the Release Parties (meaning spouses, parents, siblings and children living in the same household).
3. Sweepstakes Period.
The Sweepstakes will begin and end in accordance with the following sweepstakes periods (each a “Sweepstakes Period”):
a. Sweepstakes #5 will begin on [6:00 AM / Sept. 10th 2012] Pacific Standard Time and end on [12:00 AM / Dec. 31st 2012] Pacific Standard Time (the “Sweepstakes #5 Period.”)
All entries must be received before the end of the applicable Sweepstakes Period. Late entries will not be taken into consideration in the selection of a winner. Sponsor’s time clock is the official clock for each Sweepstakes Period.4. Entry.
Using the Clip Radio Application (the “App”), you can enroll in a Sweepstakes and receive one (1) entry into a respective Sweepstakes (each an “Entry”) each time you use one or more of the following methods:
a. Sweepstakes #5: During the Sweepstakes #5 Period, use the App to Clip promotional commercials on KXL FM and receive one Entry into Sweepstakes #5 each time you Clip promotional commercials.
a. Structure of the Sweepstakes and Selection of Winners: Within one (1) day of the close of each Sweepstakes Period, Sponsor shall randomly draw multiple Entries (each a “Potential Winner”) from all eligible Entries for the applicable Sweepstakes. If your Entry is drawn, you will be deemed a Potential Winner of a Prize of that Sweepstakes for which your Entry was drawn, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.
b. Prizes and Odds of Winning: Except as provided elsewhere in these Official Rules, Sponsor shall award each Potential Winner for each Sweepstakes the following prizes (each a “Prize”):
i. Sweepstakes #5: Sponsor shall award each Potential Winners of Sweepstakes #5 (each a “Sweeps #5 Winner”) a $100 gift card.
c. Award of Prizes: Each Entry shall be equally weighted and have the same chance of winning. Odds of winning depend on number of eligible Entries. Only one winner per household is permitted in any sweepstake. If you are selected as a Potential Winner of a Sweepstakes, you will be notified via telephone and/or email within ten (10) business days of the applicable drawing. To claim your Prize, you must reply to Sponsor within the time period indicated in your notification or Sponsor may select an alternative potential winner. Before awarding a Prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return an Affidavit of Eligibility, Publicity Release, and a tax acknowledgment form. You must execute and return all documents within ten (10) business days from the date it is sent to you or your Prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, Sponsor is unable to contact you, or in the event that the Prize or Prize notification is returned undeliverable, you will forfeit the Prize, and Sponsor may, in its sole discretion, select an alternative potential winner at random from the pool of eligible Entrants. Allow 8-12 weeks for delivery of your Prize.6. General.
a. Taxes. Payment of all federal, state and local taxes are the sole responsibility of the winner and winners may receive an IRS Form 1099 or equivalent from Alpha Broadcasting, LLC or one of its subsidiaries.
b. Binding Nature, Waiver, Indemnification. By entering the Sweepstakes, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of Sponsor, Station, Alpha Broadcasting, LLC, and their advertising, promotion and production agencies and their respective parents and subsidiaries, shareholders, directors, employees, agents and representatives (collectively “Alpha Broadcasting”) or the Released Parties in connection with Sponsor’s website or the Sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor, Alpha Broadcasting and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, Internet Service Provider (ISP) or other connection availability, server malfunction, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions or any human, mechanical or technical or electronic error which may occur in the collection and processing of Answers and/or votes; (ii) failed, incomplete, garbled or delayed computer transmissions; (iii) lost, late, misdirected or incomplete responses, personal information or mail; or (d) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted, regardless of the reason. SPONSOR, ALPHA BROADCASTING AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY CLAIMS OF ANY KIND TO OR OF ANY PERSON OR PROPERTY, ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY. BY PARTICIPATING IN ANY CHALLENGE, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILTY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
c. Publicity Rights. By accepting a Prize, you grants to Sponsor and/or Sponsor’s designee the perpetual right to use the your name, voice, biographical information, photos and/or likeness for advertising, promotion, trade, commercial and publicity purposes, at any time or times, in any and all media now known or hereafter invented, including live television, worldwide, including but not limited to on the World Wide Web and Internet, without further notice, permission or additional compensation (except where prohibited by law).
d. Rule Changes, Tampering, Errors. Sponsors reserve the right, at its sole discretion, to cancel, amend, or suspend the Sweepstakes or any portion therefore (including, without limitation, amending these Official Rules) should viruses, bugs, technical difficulties, suspected or actual electronic tampering, or other causes corrupt the administration, security, integrity, or property play of the Sweepstakes. In such event, Sponsor reserves the right to award Prizes at random from among the eligible Entries received up to the time of the impairment. Persons who tampering with or abuse any aspect of these Official Rules, or act in any manner to threaten or abuse or harass any person, as solely determined by Sponsor, will be disqualified. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by the App or Sponsor’s website users, tampering, hacking, or by any of the programming or equipment associated with or used in these Sweepstakes. Any use of robotic, macro, automatic, programmed or like entry methods will void all such entries, and may subject you to disqualification. Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance with these Official Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules. All changes to these Official Rules will be posted in revised official rules on Sponsor’s website. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
e. No prize transfers. The award of Prizes is non-transferable, and may not be substituted or redeemed for cash, or the equivalent, except Sponsors may substitute prizes for prizes of equal or greater value, in the case of unavailability or force majeure. Offer subject to federal, state and local regulations and laws and is void where taxed, restricted or prohibited. By entering, participants agree to these rules and the decisions of the Sponsors.
For a copy of the Official Rules and/or winners’ list, please send a stamped, self addressed envelope by [December 6th 2012] to: [Randi P’Pool 1211 SW 5th Ave. 6th Fl, Portland, OR 97204].8. Prize Winners List:
For a list of prize winners, visit Sponsor’s website after the sweepstakes period for a period of thirty (30) days after Potential Winners have been selected.
© 2012 ClipInteractive, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.