Fresh Hawaiian Flyaway (page 2)
FRESH 102.7’S HAWAIIAN FLYAWAY Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
HOW TO ENTER
These rules govern FRESH 102.7’s Hawaiian Flyaway Promotion (the “Promotion”) being conducted by WWFS-FM (the “Station”), beginning on Monday, October 14, 2013 and ending on Monday, October 28, 2013 (the “Promotion Period”).
To participate in the Promotion, you must listen to the Station weekdays beginning on Monday, October 14, 2013 through Friday, October 25, 2013 during the 8PM and 9PM Eastern Time hours for the announcement of the cue to call. Upon hearing the cue to call, the seventh (7th) caller to get through to the Station contest line at 800-949-1027 will win a Qualifying Prize and qualify for a chance to win the Grand Prize, upon confirmation of eligibility. In the event that the selected caller is disconnected or is found to be ineligible, no alternate winner will be chosen. At the time of their call, callers will be required to provide all information requested including their full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a winner only once. There will be up to a total of up to twenty (20) Qualifying Prize winners selected on-air during the Promotion Period. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to the Station on-air. The Station is not responsible for online streaming delays.
The Promotion is open to all persons who are 21 years of age or older and who reside in the tri-state area of New York, New Jersey and Connecticut within the Station’s Arbitron Metro Area. Void where prohibited or restricted by law. Employees, officers, directors and agents of Walt Disney World Resorts, the Station, CBS Radio Inc., their corporate affiliates, Station’s advertising and promotional agencies, participating sponsors, prize suppliers, their respective affiliates (collectively, the “Promotion Entities”) and other radio stations in the New York metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
Only one (1) winner per household is permitted in any Station-conducted promotion. Listeners are eligible to win a prize in a Promotion conducted by the Station only once every thirty (30) days and only once every six (6) months if the prize is valued over $600.
The winner must provide valid government-issued photo identification and provide their complete address, date of birth and phone number to claim a prize.
Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
Up to twenty (20) Qualifying Prizes will be awarded in this Promotion. Each Qualifying Prize is six (6) $25 Disney Gift Cards, totaling $150 in Disney Gift Cards. The Disney Gift Card is accepted at Walt Disney World, Disneyland Resort, Disney Stores, Disney Cruise Line and online at the Disney Store website ( HYPERLINK “http://www.DisneyStore.com” http://www.DisneyStore.com). Gift Cards have no expiration date. Approximate Retail Value of each Qualifying Prize is $150.00. The Qualifying Prize winner will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Qualifying Prize. The Station accepts no responsibility for repairing any real or supposed damage to any prize. The gift card will be subject to the terms and conditions as set forth by the issuer of the gift card. Gift certificates are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will gift certificates be replaced if lost or stolen.
Two (2) Grand Prizes will be awarded in this Promotion. Each Grand Prize is a trip for four (4) people (Winner and three (3) guests) for six (6) days/ five (5) nights to Aulani Disney Resort & Spa. Trip includes:
Room accommodations of one (1) standard room (with a maximum of four (4) people per room) for four (4) nights at the Aulani Disney Resort & Spa in Hawaii. (room and tax only)
Round-trip coach airfare for four (4) people between the major airport with Hawaiian Airlines service nearest the winner and the Honolulu Airport. Air carrier Hawaiian Airlines. Each passenger will be responsible for applicable travel taxes. Trip must be taken by September 15, 2014. Prize is not transferable or redeemable for cash. No extension will be given after the prize has expired. Flight and Air Carrier are subject to change & availability. Restrictions may apply.
A voucher for four (4) roundtrip ground transfers between the Honolulu International Airport and the Resort.
One (1) Resort Spending Credit valued at two hundred dollars ($200.00).
ARV for each Grand Prize is $4,812.00. Actual value may vary based on point of departure and dates of travel. Any difference between stated value and actual value will not be awarded. Certain travel restrictions may apply. Travel arrangements must be made through the Station or its designee. Prize(s) is subject to availability. Saturday night stay may be required. Reservations will not be confirmed until fourteen (14) days prior to the selected travel date. All other costs not specifically stated herein, including but not limited to those of, excursions, entertainment and other activities, Parking, laundry, souvenirs, taxes, tips and ground transportation to/from the airport and/or to/from the hotel (unless otherwise specified), are the responsibility of the winner. If the winner(s) cannot travel on date(s) specified by the Station, the winner(s) may be disqualified, and an alternate winner(s) may be selected (time permitting) at the Station’s sole discretion. Travel must be round trip. Station will determine itinerary and airline, if applicable, in its sole discretion. The winner(s) and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents, including, without limitation, passports for international travel. Airline regulations apply. If applicable, the winner may be required to present a valid credit card upon hotel check in to cover any incidental expenses incurred during the winner’s stay. The winner(s) and guest(s) must sign a Publicity, Liability Waiver and Travel Release form prior to traveling. If a prize-related event or travel is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner(s) will be to award the remaining available elements of the prize(s) and no substitution or compensation will be provided for the unawarded elements of the prize(s). No refund or compensation will be made in the event of the cancellation or delay of any flight.
No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours. The winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within thirty (30) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winner(s), it will be with the prior written consent of the winner(s) and therefore, winner(s) assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize(s) or prize certificate(s).
Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose. Other restrictions may apply.
WINNER SELECTION AND NOTIFICATION
Decisions of Station management with respect to the Promotion are final.
Up to twenty (20) Qualifying Prize winners will be selected by the Station on-air as described in Section 1b of these Official Rules. All on-air Qualifying Prize winners will be notified at the time of their call.
One (1) Grand Prize winner will be selected on Monday, October 21, 2013 at approximately 11:00am ET in a random Station-conducted drawing from all Qualifying Prize winners selected on October 14, 15, 16, 17 and 18, 2013.
One (1) Grand Prize winner will be selected on Monday, October 28, 2013 at approximately 11:00am ET in a random Station-conducted drawing from all Qualifying Prize winners selected on September 21, 22, 23, 24 and 25, 2013.
Odds of winning a Qualifying Prize on-air depend in part on the number and order of calls received. Odds of a Qualifying Prize winner winning the Grand Prize are 1 in 10 each week.
Entrants must listen to the Station to win a Qualifying Prize but do not need to be present to win. Qualifying Prize winner need not listen to the Station to win nor be present to win the Grand Prize.
Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize(s) will be forfeited and an alternate winner will not be selected. If a potential winner(s) cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize(s).
a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize(s). Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Station, the Promotion and/or its sponsor(s) for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, in perpetuity, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winner(s), unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize(s); (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Released Parties’ control.
f. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes to the rules of the Promotion, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s).
Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by October 25, 2013 to “Fresh 102.7’s Hawaiian Flyaway – Official Rules,” Attn: Promotions, WWFS-FM, 345 Hudson Street, 10th Floor, New York, NY 10014. For the names of the prize winners send a self-addressed stamped envelope for receipt by December 20, 2013 to the above address marked “Fresh 102.7’s Hawaiian Flyaway – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station.
Sponsor/Station: WWFS-FM, 345 Hudson Street, 10th Floor, New York, NY 10014