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BABY SANTA CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE A PARTICIPANT’S CHANCES OF WINNING.
Contest Description: The Baby Santa Contest (“Contest”) will begin on December 13, 2011 and end on December 20th at 11:59 pm local time (“Contest Period”). The Contest will be conducted online. Listeners of 99.3/105.7 KISS FM will be invited to submit their entries and participate in an online voting process to determine the winner of the Contest.
1. Eligibility. The Contest is open and offered only to legal residents of the United States residing within the geographic listening area of the station who are eighteen (18) years of age or older. Employees of 99.3/105.7 KISS FM, Radio One, Inc., its subsidiaries, affiliates, competitors, advertising and promotion agencies, any other Contest parties, other radio stations, internet sites, print and other media used to promote the Contest and the immediate family members or those living in the same household (whether related or not) of any of the above are not eligible to participate or win. For purposes of this Contest, immediate family members mean spouses, parents, children and siblings and their respective spouses. Void where prohibited. Contest is subject to all applicable federal, state and local laws and regulations.
Persons who have won a prize in another contest or promotion of any kind from 99.3/105.7 KISS FM within the thirty-day (30) period immediately preceding the start date of this Contest are not eligible to participate. Only one person per family or household (whether related or not) may win in any promotion from 99.3/105.7 KISS FM during any thirty (30) day period.
2. How to Enter:
•To enter, eligible contest participants must register online and upload one picture of their baby dressed in a Santa Claus costume to the Station’s website at www.kissrichmond.com Contestants must be the parent / legal guardian of the child featured in the submitted entry. Upon entering the Contest website, participants are to follow the on-screen instructions, including entering their name, date of birth, address, phone number, email address, photographic entry along with the baby’s first name and any optional or additional contact information, as requested, to register for a chance to win.
•Candidates can only enter once. Entries must be received by 9:00am local time on December 20, 2011 or they will be void.
•Once submitted, all entries will become the property of 99.3/105.7 KISS FM and Radio One, Inc. and none will be returned.
•99.3/105.7 KISS FM Radio One, Inc., participating sponsors and their respective parent companies, subsidiaries, affiliates or their representatives, agents and employees are not responsible for the inability of any contestant to complete or continue a telephone call, facsimile transmission, email or internet registration due to equipment malfunction, busy lines, inadvertent disconnections, unavailable network, server, Internet Service Provider (ISP) or other connections, communication failures or human error that may occur in the transmission, receipt or processing of entries. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize may forfeit the prize won (if any) and may be prosecuted to the fullest extent of the law. 99.3/105.7 KISS FM reserves the right to validate the contents of any entry.
•In the event of a dispute regarding the identity of a participant’s online entry, the entry will be deemed to have been made by the authorized holder of the e-mail account at the time the entry was made.
3. Entry Requirements. Entries not meeting the following requirements will be disqualified.
Each entry must:
•contain a photograph of one (1) baby in a Santa Claus costume. If any individuals, in addition to the contestant, are featured in the photo, each entrant warrants and represents that the entrant has obtained permission from each person who appears in the photographic submission
•be “family friendly” and not be patently offensive, illegal, pornographic or obscene, or similarly inappropriate in Station’s sole discretion
•not infringe upon any rights of any third party including without limitation, copyright, trademark and right of publicity or privacy
•entries must not contain commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
•be taken and solely owned by the photographer (who is the contestant) submitting the photo
•be unpublished and not have been submitted in other competitions
•not contain: derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), or otherwise assault or threaten others
By submitting an entry in this Contest, each contestant that enters this Contest represents and warrants to be bound by the official contest rules, that all of the above requirements have been met, and that they are authorized to and have the rights to submit the content within the entry. Also by submitting an entry in this Contest, each submitting contestant agrees to indemnify, defend and hold 99.3/105.7 KISS FM Radio One, Inc., and each of their respective affiliates, subsidiaries, agencies, officers, shareholders, directors, employees, agents and representatives of each of the foregoing, harmless against any and all claims or liability, directly or indirectly related to or arising from or in connection with Contest participation or the acceptance, possession or use / misuse of awarded prize or any portion thereof, or participation in prize-related activities, including but not limited to any related travel.
4. Judging. Photographs that meet the above-listed requirements will be posted on the Contest website for public voting. 99.3/105.7 KISS FM listeners will be instructed to vote on the posted photographs from 9:00am on December 20, 2011 until 9:00am local time on December 30,2011. The winner will be determined based upon the amount of votes received by the end of the voting period from 99.3/105.7 KISS FM online peers/users. The contestant that receives the highest number of votes will be deemed the winner.
All decisions made by 99.3/105.7 KISS FM management regarding any aspect of this Contest are final.
5. Prizes.
•The winner will be awarded recognition on our sites. All prizes will be awarded to the candidate.
•No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes may not be redeemed for cash value, except as determined by station management and/or the sponsor in its sole discretion.
•All contest winners must sign and date official station release and waiver forms as requested. Failure to do so will result in winner forfeiting the prize.
•If for any reason a contest winner provides notice that he or she has decided not to accept an awarded prize, the winner will be required to sign a release form acknowledging forfeiture of the prize. It will be at the discretion of the Contest sponsor and / or Contest administrator if another contestant is to be selected as the winner if time permits.
•Winners must provide valid identification (i.e. via driver’s license, passport or other government-issued photo I.D.) to claim their prize.
6. Notification of Winners. Winners will be notified by email (electronic mail) or by phone on or about December 31, 2011 and provided with instructions for claiming their prize.
If, for any reason, the Contest is not capable of running as planned including, without limitation any suspected evidence of tampering or technological corruption, or if any portion of the Contest is compromised by virus, bugs, worms or unauthorized human intervention, fraud, acts of God, strikes, terrorists acts, criminal acts of third parties, an insufficient number of qualified Contest entries or any other cause beyond the control of 99.3/105.7 KISS FM which corrupts, threatens or affects the administration, fairness, integrity, or proper conduct of this Contest, 99.3/105.7 KISS FM reserves the right to cancel, terminate, modify or suspend the Contest at its sole discretion.
So long as no participant is materially adversely affected, 99.3/105.7 KISS FM reserves the right to make changes in the Contest rules, which will become effective upon being announced on the air and / or posted online.
7. Liability Release and Grant.
By participating in this promotion Contest participants agree:
(a) THAT 99.3/105.7 KISS FM RADIO ONE, INC., AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATED COMPANIES, ADVERTISING, PUBLIC RELATIONS AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “CONTEST ENTITIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE INDEMNIFIED, DEFENDED AND HELD HARMLESS BY CONTESTANTS AND / OR THEIR PARENTS OR LEGAL GUARDIANS FROM AND AGAINST ANY LIABILITY, INCLUDING NEGLIGENCE, FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING DEATH) AND PROPERTY, RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN THIS CONTEST OR CONTEST-RELATED ACTIVITIES;
(b) that except where legally prohibited, they hereby irrevocably grant (and agree to confirm that grant in writing) a right, license and permission to 99.3/105.7 KISS FM and those acting under its authority to use the contestant’s name, submitted entry, image, voice and likeness, for advertising, trade and publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide and on the internet, without notice, review, approval or additional compensation;
(c) that these official rules constitute an irrevocable, perpetual assignment to 99.3/105.7 KISS FM, Radio One, Inc., and its successors and assigns for valuable consideration the sufficiency of which is hereby acknowledged of all right, title and interest in and to the photograph submitted with each entry under all copyright, trademark, right of publicity and right of privacy laws;
(d) that these rules constitute a waiver of any so-called "droit moral" rights, "moral rights of authors" and all other similar rights however denominated throughout the world as they relate to the photograph submitted with each entry and that 99.3/105.7 KISS FM may, in its sole discretion, change, alter, modify or edit the entries and photographs for any purpose including, without limitation, for any advertising, trade or promotional purposes;
(e) to perform all acts and to execute all documents deemed necessary by 99.3/105.7 KISS FM to record and perfect the agreements made in this Section 8; and
(f) that any legal action brought by a parent, legal guardian or Contestant arising out of or in connection with this Contest must be brought exclusively in the State or Federal Courts of Prince George’s County, MD. These official rules will be governed by Maryland law.
8. Warranty Disclaimer. BY ACCEPTING THE PRIZE, THE WINNER (OR WINNER’S PARENT OR LEGAL GUARDIAN) ACKNOWLEDGES THAT 99.3/105.7 KISS FM AND RADIO ONE, INC. MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE.
9. Administrator. This Contest is administered by Radio One, Inc. 5900 Princess Garden Parkway, Lanham, MD 20706.
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