100.7 KHAY’s “Snow N Glow” Text to Win Contest
Official Rules
A complete copy of these rules can be obtained by contacting radio station KHAY (“Station”),
1376 Walter St, Suite 6 Ventura CA 93003, during available business hours Monday through
Friday, on the Station website www.KHAY.com, or by sending a self-addressed, stamped
envelope to the above address.
The Station will conduct the 100.7 KHAY’s “Snow N Glow”
Text to Win Contest (the “Contest”) substantially as described in these rules, and by
participating, each entrant agrees as follows:
- No purchase is necessary to enter or win. A purchase will not increase your chance
of winning. Void where prohibited. All federal, state, and local regulations apply.
Eligibility. This Contest is open only to legal U.S. residents of the Station’s Designated Market
Area (“DMA”) as defined by Nielsen Audio, excluding Florida and New York residents, age
eighteen (18) years or older at the time of entry with a valid Social Security number, who have
not won a prize from the Station in the last 90 days or a prize valued at $500 or more in the last
180 days and whose immediate family members or household members have not won a prize
from the Station in the last 90 days or a prize valued at $500 or more in the 180 days. Void
where prohibited by law. Employees of Station, Cumulus Media LLC, and each of their
parent companies, affiliates, related entities and subsidiaries, promotional sponsors, prize
providers, advertising agencies, other radio stations serving the Station’s DMA, and the
immediate family members and household members of all such employees are not eligible to
participate. The term “immediate family members” includes spouses, parents and step-parents,
siblings and step-siblings, and children and stepchildren. The term “household members” refers
to people who share the same residence at least three (3) months out of the year. The Contest is
subject to all applicable federal, state and local laws and regulations. Participation constitutes
entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which
are final and binding in all matters related to the Contest. Winning a prize is contingent upon
fulfilling all requirements set forth herein. - Contest Period. The Contest entry period will begin at [12AM] PT on Monday
November 29th, 2021 and will run through 4pm PT on Friday December 3rd, 2021
(the “Contest Period”). The Station’s computer is the official time keeping device for
this Contest. - How to Enter. There is one way to enter:
Text: Send a text message with the keyword SNOWMAN spelled correctly to (805) 650 5429
during the Contest Period. All entries must be received by [4pm] PT on Friday December 3rd,
2021 to be eligible for a chance to win a prize. Message and data rates may apply. Station
has no responsibility for any fees or charges associated with any text messages entrant
sends or receives in connection with the Contest. Entrant agrees to receive messages from
Station from time to time relating to the Contest, the Station, and any Contest sponsor or
prize provider. [Limit one (1) entry per person per phone number.]
Station’s decisions as to the administration and operation of the Contest and the selection of the
potential winners are final and binding in all matters related to the Contest. Failure to verify
winner’s eligibility may result in disqualification and forfeiture of the prize. Unclaimed prizes
may not be awarded. [IF TRUE: LIMIT ONE PRIZE PER PERSON.] - Winner Selection. On or about 4pm Monday December 6th 2021 Station will select [5]
potential winner(s) in a random drawing from among all valid entries received by Station
during the Contest Period. Each winning entrant will be contacted using the email address
and/or telephone number provided with the entry and may be awarded the prize (subject
to verification of eligibility and compliance with the terms of these rules). Station’s
decisions as to the administration and operation of the Contest and the selection of the
potential winner are final and binding in all matters related to the Contest. Failure to
respond to the initial verification contact within three (3) days of notification or failure to
claim the prize within three (3) days of verification as a winner will result in
disqualification and forfeiture of the prize. - Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL
CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE
DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE
CONTEST. The potential winner must continue to comply with all terms and conditions
of these Official Rules, and winning is contingent upon fulfilling all requirements. The
potential winner may be notified by email and/or telephone call after the date of random
drawing and/or winner determination. The potential winner will be required to sign and
return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility
and a liability/publicity release (except where prohibited) to claim the prize, if
applicable. A winner who returns the affidavit of eligibility and liability/publicity release
will be deemed to have accepted the contest prize and thereafter will not be permitted to
rescind their acceptance of the prize and/or return the prize. If a potential winner cannot
be contacted, fails to sign and return the affidavit of eligibility and/or the
liability/publicity release within the required time period (if applicable), or if the prize or
prize notification is returned as undeliverable, potential winner forfeits prize. In the event
that the potential winner of a prize is disqualified for any reason, Station may award the
applicable prize to an alternate winner by random drawing from among all remaining
eligible entries. Unclaimed prizes may not be awarded. - Prize(s). 5 prize(s) will be awarded in this Contest. Each winner will receive:
(a) Four (4) general admission tickets to Snow N Glow Holiday Festival at Surfer’s Point Live, 10 W Harbor Blvd, Ventura, CA 93001
The approximate retail value (“ARV”) of each prize is Sixty Dollars $60
TOTAL ARV OF ALL CONTEST PRIZES IS: Three hundred dollars $300
Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning a
prize depend on a number of factors including the number of eligible entries received during the
Contest Period and listeners participating at any given time.
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, in its
sole discretion and to the extent permitted by law, substitute prizes of comparable value or
cash. The prizes are expressly limited to the item(s) listed above and do not include taxes,
gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a
prize will be subject to the terms and conditions set forth by the issuer and are valid only on the
date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
If any prize or a portion of any prize is postponed, cancelled, or otherwise unavailable due to
disease, epidemic, pandemic, quarantine, any acts of government and/or any reason that is
beyond the control of Station or any Sponsor, then no substitution shall be provided. Station and
any Sponsors make no representation or warranty about the safety of any prize. By accepting and
using a prize, each winner acknowledges and assumes all risks of accepting and using the prize,
and any other the risks associated with the prize. - Entry Conditions and Release. By entering, each entrant agrees to: (a) comply with and
be bound by these Official Rules and the decisions of the Station, which are binding and
final in all matters relating to this Contest; (b) release and hold harmless Station,
Cumulus Media New Holdings Inc., and each of their subsidiaries, related and affiliated
companies, participating sponsors, the prize suppliers and any other organizations
responsible for sponsoring, fulfilling, administering, advertising or promoting the
Contest, and each of their respective past and present officers, directors, employees,
agents and representatives (collectively, the “Released Parties”) from and against any and
all claims, expenses, and liability, including but not limited to negligence and damages of
any kind to persons and property, including but not limited to invasion of privacy (under
appropriation, intrusion, public disclosure of private facts, false light in the public eye or
other legal theory), defamation, slander, libel, violation of right of publicity, infringement
of trademark, copyright or other intellectual property rights, property damage, or death or
personal injury arising out of or relating to a entrant’s entry, creation of an entry or
submission of an entry, participation in the Contest, acceptance or use or misuse of prize
(including any travel or activity related thereto) and/or the broadcast, exploitation or use
of entry; and (c) indemnify, defend and hold harmless the Released Parties from and
against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees)
arising out of or relating to an entrant’s participation in the Contest and/or entrant’s
acceptance, use, non-use or misuse of the prize. - Participation in the Contest constitutes entrant’s consent to use by the Station and its
agent of entrant’s name, likeness, photograph, voice, opinions, entry, and/or biographical
information (including hometown and state) for promotional purposes in any media,
worldwide, without further payment or consideration, unless otherwise prohibited by law. - All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or
other fees for prizes awarded become the sole responsibility of the winner. All those who
win a prize or prizes valued $600 or more in any given year will be issued an IRS Form
1099 to report their winnings. - General Conditions. Station reserves the right to cancel, suspend and/or modify the
Contest, or any part of it, if any fraud, technical failures or any other factor beyond
Station’s reasonable control impairs the integrity or proper functioning of the Contest, as
determined by Station in its sole discretion. Station reserves the right in its sole discretion
to disqualify any individual it finds to be tampering with the entry process or the
operation of the Contest or to be acting in violation of these Official Rules or acting in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
undermine the legitimate operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, Station reserves the right to seek damages
from any such person to the fullest extent permitted by law. Station’s failure to enforce
any term of these Official Rules shall not constitute a waiver of that provision. - Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect
or inaccurate information, whether caused by Station, entrants, printing errors or by any
of the equipment or programming associated with or utilized in the Contest; (b) technical
failures of any kind, including but not limited to malfunctions, interruptions, or
disconnections in phone lines or network hardware or software; (c) unauthorized human
intervention in any part of the entry process or the Contest; (d) technical or human error
that may occur in the administration of the Contest or the processing of entries; or (e) any
injury or damage to persons or property that may be caused, directly or indirectly, in
whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or
misuse of any prize. No more than the stated number of prizes will be awarded. In event
that a production, technical, programming or other error causes more than stated number
of prizes as set forth in these Official Rules to be claimed, Station reserves the right to
award only the stated number of prizes by a random drawing among all legitimate,
unawarded, eligible prize claims. - Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or
connected with this Contest, or any prizes awarded, shall be resolved individually,
without resort to any form of class action; (b) any and all disputes, claims and causes of
action arising out of or connected with this Contest, or any prizes awarded, shall be
resolved exclusively by the United States District Court or the appropriate state court
located in the Station’s listening area; (c) any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, including costs associated with entering
this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant
be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive,
incidental and consequential damages and any other damages, other than for actual outof-pocket expenses, and any and all rights to have damages multiplied or otherwise
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions
concerning the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant and Station in connection with the Contest,
shall be governed by, and construed in accordance with, the laws of the state in which the
Station is located, without giving effect to any choice of law or conflict of law rules
(whether of the state in which the Station is located or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than the state in which
the Station is located. - Entrant’s Personal Information. Information collected from entrants is subject to
Station’s Privacy Policy, which is available on the Station’s website under the “Privacy
Policy” link. All entry blanks, forms, devices, and materials gathered during the course of
entry, as well as all information contained therein, shall become the sole property of
Station to be used, disposed of or destroyed in its sole discretion. Station is not
responsible for any incorrect or inaccurate information entered by website users, and
assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to Station’s website. - Contest Results. A winners list may be obtained within thirty (30) days after the Contest
Period expires by sending a self-addressed stamped envelope to the Station identified
below.
CONTEST SPONSOR: Cumulus LLC, KHAY 1376 Walter ST. Suite 6 Ventura CA
93003
PRIZE SPONSOR: CBF Productions P.O. Box 5131, CA 93005
