KINETICO OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
EMMIS INDIANA BROADCASTING, L.P. d/b/a WLHK-FM (“Emmis”) and Kinetico Water Systems have teamed up to give Emmis listeners a chance at becoming the next spokesperson for Kinetico in 2012 and an at home water system (the “Contest”). This Contest is governed by these Rules, as well as by Emmis’ Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by Emmis and by all other decisions of Emmis which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsors of the contest are Emmis and Kinetico Water Systems (the “Sponsors”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
The Contest begins January 13th, 2012 at midnight and ends March 11th, 2012 at midnight (the “Entry Period”). During the Entry Period, Participants may go to www.hankfm.com (the “Website”) and complete the official Sweepstakes entry form as well as upload a picture of his or herself. The winner will be chosen by Emmis.
Geographical, Age and Parental Consent Requirements:The Contest is open to the legal United States residents of the state of Indiana who are at least 18 years of age or older at time of entry (unless otherwise specified). Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsors reserve the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis Operating Company, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
HOW TO ENTER:
The Contest begins on January 16, 2012 at midnight (Eastern Standard Time) and ends on March 11, 2012 at midnight (Eastern Standard Time) (the “Entry Period”). Eligible participants can enter the Contest by logging on to www.hankfm.com and completing the official Contest entry form, uploading a picture of Participant, and submitting a brief story (500 words or less) on why you want to be the next Kinetico spokesperson. Five finalists will be chosen from all submissions on Friday March 16, 2012. Each of the five finalists will receive a $100 Visa Gift Card and be asked to audition to become the next spokesperson for Kinetico. The audition will take place on or around the date of March 24, 2012. One winner will be chosen from the five finalists and will receive an at home Kinetico Water System and the opportunity to become the 2012 spokesperson. At any time, the sponsors may modify or change the guidelines on becoming the next spokesperson, and choose an alternate spokesperson at Sponsors discretion. All participants must accurately complete all required fields or entry will be deemed invalid. In order to be eligible to participate the Participant must have Internet access and a valid email address prior to the Contest Entry Period. In the event of a dispute, the holder of the electronic mail account identified in the entry will be considered the Participant. Limit one entry per person and per email address.
Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsors upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to the Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Sponsors are not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Sponsors.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsors' computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
Five finalists will be chosen from all eligible entries received during the Contest Entry Period. Retail Value of the prize: $100
The opportunity to be the 2012 Kinetico Water Systems spokesperson will be awarded to one Participant determined from the five finalists received during the Contest Entry Period. Retail Value of the prize: $6800
No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period 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.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received
One (1) winner will be randomly selected on or about March 28, 2012 among all eligible entries received. Winner will be contacted by Sponsors by email or phone on or about March 28, 2012.
HOW TO CLAIM A PRIZE:
Claiming the Prize: Emmis will contact the winner on or about March 28th, 2012 .
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsors reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors' sole discretion.
Winner is required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from Emmis, will forfeit the prize. Emmis reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUEEmmis, Emmis Communications Corporation, Emmis Operating Company, The Mutual Fund Store, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Emmis and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Emmis and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
AUTHORITY TO GRANT RIGHTS:
Participant warrants that Participant is the owner of the Contest Entry and has the authority to grant Emmis the rights granted in this Agreement and has not previously transferred to any third parties any rights that would conflict with or interfere with the rights granted to Emmis; and that the Contest Entry is original and does not interfere with or infringe any copyrights, trademarks, rights of publicity or privacy or any other rights held by any other party.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsors reserve the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of Indiana, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Indiana and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: HANK FM, Kinetico Water Systems Contest Rules, 40 Monument Circle, Indianapolis, Indiana 46204. These Rules and the General Rules may also be found at www.wibc.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: HANK-FM, The Kinetico Water Systems Contest’s Winners List, 40 Monument Circle, Indianapolis, Indiana 46204.
Emmis Indiana Broadcasting, L.P. d/b/a WLHK-FM
40 Monument Circle
Indianapolis, IN 46204
Kinetico Water Systems