Advertisement

CONTEST RULES

Business Office: 512.832.4000
Promotions Fax: 512.908.4902
Sales Fax: 512.832.4071
Our Address:
8309 North IH-35
Austin, Texas 78753

 


 

OFFICIAL GENERAL CONTEST RULES

Any individual who enters, attempts to enter or in any way participates or attempts to participate in

any contest, sweepstakes or giveaway (“Contest”) conducted by Emmis Austin Radio Broadcasting

Company, L.P. d/b/a KGSR (“Emmis”) (each such individual is hereinafter referred to as a

“Participant”) agrees to be bound by the terms and conditions provided in these Official General

Contest Rules (“General Rules”), as well as by Emmis’ interpretations of these General Rules which

are final and binding in all matters relating to any Contest. Some Contests will have specific rules

developed for them (“Specific Contest Rules”). In the event there is a discrepancy or inconsistency

between these General Rules and the Specific Contest Rules, the Specific Contest Rules shall

control.

NO PURCHASE NECESSARY:

Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not

improve your chances of winning.

APPLICABLE LAW (VOID WHERE PROHIBITED):

All Contests are 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.

CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:

Emmis reserves the right to cancel, terminate, modify or suspend any Contest if the Contest 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 Emmis to cancel, terminate, modify or suspend any

Contest shall be final in all respects.

CONTEST DESCRIPTIONS:

All Emmis Contests will be described through electronic, print or on-air advertising or promotion and

governed by these General Rules unless the Contest has Specific Contest Rules developed for it.

ELIGIBILITY:

Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each

Contest is open to legal residents of the state of Texas, who are at least 18 years of age or older at

time of entry. If a 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

a Contest.

Contest Entity and Immediate Family Member Disqualification: The officers, directors,

employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis

Operating Company 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 (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.Past Prize Winners: Participants (and those living in the same household) may only win a Contest once every thirty (30) days. However,

where a Participant has won a prize valued over $600, the Participant is ineligible to win another

prize for a period of twelve (12) months. Participants who have won an Emmis Contest in the last

thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are

ineligible.

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 his or her employer's policies.

HOW TO ENTER:

Methods: Contest entries may be submitted as advertised or otherwise prescribed by Emmis for the

Contest. Generally, these will involve all or some of the following entry methods: (1) toll-free

telephone; (2) toll-free facsimile; (3) postal mail; (4) electronic mail; (5) drop box; (6) web entry; or (7)

text entry to short code 29217. Where entry is available via electronic mail, web or texting,

participation is limited to Participants who had access to electronic mail, the internet, and/or text

messaging (as applicable) prior to the beginning of the Contest.

Entry Period: Entries must be made during the time periods advertised or otherwise prescribed for

each Contest (the “Entry Period”) and, unless otherwise stated, will require at a minimum the

Participant's name, address, daytime telephone numbers and age.

Entries Are the Sole and Exclusive Property of Emmis: All Contest entries and/or related

submissions become the sole and exclusive property of Emmis upon transmission. Contest entries

will not be returned and may be used by any Contest Entity for any purpose whatsoever related to

any Contest, without additional compensation to the participant or any other individual or entity.

Disclaimer of Responsibility for Entries: Emmis is 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 Emmis.

Multiple Entries: Unless otherwise limited by Emmis, multiple entries are permitted. However, for

text-message entry Contests, unless otherwise stated, multiple entries are prohibited and

participation is expressly limited to one text per Participant and per wireless account.

False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Emmis, 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.

SPECIFIC ENTRY-METHOD RULES:

Telephone Entry Contests: If a Contest accepts telephone entries, all calls must be made to the

call-in number(s) as designated on-air. Generally, this number will be 512-836-5769 or 800-561-

5769. The criteria for winning will generally also be given at that time. Only completed calls that are

answered by a live person and are made to the designated number during the designated time

period will be eligible to win or qualify to win.

Emmis may record and/or broadcast a Participant's name, voice and the substance of all or any

portion of the call. Except where prohibited by law, any call-in Participant acknowledges that such

recording and use may occur and grants Emmis permission to record and use such recording

without any additional communication with and compensation to Participant.

Facsimile, Postal Mail and Electronic Mail Entries: If a Contest accepts facsimile, postal mail or

electronic mail entries, all entries must be received by Emmis by the Entry Period deadline, unless otherwise stated.

Unless otherwise stated, facsimile entries should be sent to 512-908-4902; mail-in entries

should be sent via first class United States mail only (overnight mail and courier are not permitted)

addressed to KGSR, Contest Entry (include the name of the Contest), 8309 North IH-35, Austin, TX

78753; and electronic mail entries should be sent to the email address designated during the

Contest advertisement or announcement. The electronic mail account holder will be deemed the

Participant for any electronic mail entries.

Only one Contest entry is permitted per envelope for a mail-in entry.

Drop Box Entries: If a Contest accepts entry forms by deposit in an entry box, entries must be

deposited in an official entry box by the announced deadline. Unless otherwise stated, no purchase

is necessary in order to deposit an entry in the official entry box. Only official entry forms will be

considered, and entries on reproduced forms will be disqualified.

Web Entries: If a Contest accepts web entries, Participants must accurately complete all required

fields or the entry will be deemed incomplete and will not qualify.

Text Message Entries: If a Contest accepts text-message entries, unless otherwise stated, text-

message entries should be sent to short code 29217. Proof of texting is not considered proof of

entry. Emmis cannot guarantee this program will be available via all wireless carriers. The text-

message portion of any Contest will be available on participating wireless carriers only and requires

a two-way text-message capable wireless device. Wireless device carrier's instructions for text-

messaging may vary.

Unless otherwise limited by Emmis, multiple text-message entries are prohibited for any Contest and

participation is expressly limited to one text per Participant and per wireless account. If more than

one text-message entry is received from a wireless account, only the first entry received will be

considered.

Unless otherwise noted, standard text messaging rates will apply to any text-message entry. Each

Participant's wireless service provider may charge such Participant for each text message sent and

received by such Participant in entering into any Contest. Participants should avoid participating in

any Contest where their wireless service provider charges any fee for such participation.

PROVISION OF WIRELESS NUMBERS TO THE STATION:

A Participant who signs up to receive text messages from Emmis:

1. authorizes Emmis to deliver or cause to be delivered, to the wireless number that the

Participant provided, telemarketing messages using an automatic telephone dialing system;

2. understands that he or she is not required to enter into this agreement or agree to enter into

such an agreement as a condition of purchasing any property, goods, or services; and

3. agrees that, if the wireless number provided to Emmis is reassigned to another person, the

Participant will promptly notify Emmis that such reassignment has occurred.

Message and data rates may apply. Emmis is not responsible for any fees incurred by a Participant

who provides a wireless number in connection with the Contest.

Original Content; Ownership: Each Participant, by participating in the Contest, represents and

warrants that they are the exclusive owner of any copyright and any other proprietary rights in any

submission by Participant in the Contest (the “Submission”). Participant further represents and

warrants that they have the right to grant to any third party the right to use, reproduce, distribute,

perform and display the Submission. All Submissions must have all appropriate clearances,

permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any song submissions must be original material. Any unauthorized samples or performances of another

artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant

agrees to indemnify, defend and hold Emmis and any other Contest sponsors harmless. Emmis and

any other Contest sponsors may stream any submissions on-demand on Emmis’ or their affiliates’

websites. Emmis and any other Contest sponsors are not responsible for paying any internet or

other music royalties on any Submission.

PARTICIPATION PROBLEM DISCLAIMER:

Even if alleged to be caused by the sole or partial negligence of Emmis or other Contest Entity,

Emmis and the other Contest Entities 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:

1. Incorrect, incomplete or inaccurate entry information;

2. Human errors;

3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone

network, internet service, computer systems, servers, utility providers, or software;

4. Inability to send a text-message;

5. Identity theft;

6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;

7. Network hackers or other unauthorized access to Emmis' computer network;

8. 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;

9. Printing errors;

10. Equipment malfunctions; and

11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.

RELEASE OF LIABILITY AND INDEMNIFICATION:

As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE AND

COVENANT NOT TO SUE Emmis, Emmis Communications Corporation, Emmis Operating

Company, 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.

This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook,

Twitter, Instagram or any other Social Media Platform. By submission of an entry, Participant

releases Facebook, Twitter, Instagram, and all Social Media Platforms from any responsibility or

liability for the Contest’s administration, prizes or promotion. You are providing entry information to

Emmis or another Contest sponsor and not to Facebook, Twitter, Instagram and all Social Media

Platforms.

ODDS OF WINNING:

The odds of winning any Contest and/or prize will depend upon the number of Contest Participants.

PRIZES:

The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will be

announced for each Contest separately. No transfer, assignment or substitution of a prize is

permitted, except Emmis reserves 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.

Emmis reserves the right to substitute a prize of equal or greater value if the awarded prize in

unavailable for any reason. If tickets to an event are awarded as a prize, Emmis is not responsible

for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse,

refund or otherwise substitute the tickets for another prize should the event not be rescheduled or

vouchers not issued. Should travel be part of the prize, Emmis is not responsible for cancellations or

delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute

any tickets awarded as a part of a travel prize due to such cancellations or delays.

T AXES:

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.

WINNER SELECTION:

Prize winners will be selected per the criteria announced for the Contest. If the Contest requires

Participants to answer trivia, provide information or otherwise perform in some manner to participate

and qualify to win, the decisions of Emmis and/or the other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information

or other performance. If a winner is unable to be notified for any reason for any amount of time, the

applicable prize may be forfeited and awarded to an alternate winner.

HOW TO CLAIM PRIZE:

Claiming the Prize: The Participant prize-winner must pick up their prize at Emmis’ business office

located at 8309 North IH-35, Austin, TX 78753. The prize may be picked up any time between the

hours of 9:00 a.m.-5:00 p.m. (Central Standard Time) Monday-Friday, excluding holidays. From

time to time, in its sole discretion, Emmis may agree to mail the prize. In the event that a prize is

mailed to the winner, the winner will initially be sent any required releases and prize claim forms

along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed

forms within five (5) business days may lead to forfeiture of the prize. In the event the prize is

mailed to the winner, the winner assumes the risk of the prize's safe arrival.

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. Emmis reserves the right to deny awarding the prize if the winner fails to provide

satisfactory identification, as determined in Emmis’ sole discretion.

Winners, and, to the extent the winner is a minor then their parent(s) or legal guardian(s) as well,

may be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a

Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute

these documents if selected as a winner in order to receive their prize. If the prize is travel tickets

involving travel partners, the travel partners will be required to meet minimum age eligibility

requirements and to execute an Affidavit of Eligibility/Release of Liability prior to receiving the

companion travel ticket. 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: Unless otherwise stated, winners shall have thirty (30) days from the date of

selection to claim and pick up their prize. Failure to claim and pick up prize within this time for any

reason will result in forfeiture of 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 Emmis and any other sponsors that: (i) they meet the

residency and age requirements at the time of entry; (ii) they will be bound by these General Rules

and any Specific Contest Rules, if any, and by all applicable laws and regulations, and the decisions

of Emmis and any other sponsors; (iii) they waive any rights to claim ambiguity with respect to these

General Rules and the Specific Rules, if any; (iv) they are the sole creator and owner of their

Submission, including any music, music video, and/or photography included therein, and they have

the full legal right, power and authority to grant to Emmis and any other Contest sponsors the license

provided for in these General Rules; and (v) they own or control the complete exhibition and other

rights to the Submission for the purposes contemplated in the license.

PUBLICITY RELEASE:

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.

LICENSE:

By participating in this Contest, Participant irrevocably grants to Emmis and any other Contest

sponsors the perpetual right, without liability to any person or entity, to reproduce, adapt, transmit,

distribute, communicate, make available or otherwise use any Submission, or any portion thereof,

throughout the universe in any medium and in any manner, now or hereafter known, including,

without limitation, if applicable, radio and television broadcasts, and cable and satellite

transmissions, without payment of any compensation to Participant or any third party in connection

with the Contest.

DISQUALIFICATION:

All participants agree to be bound by these General Rules. Non-compliance with any of these

General Rules will result in disqualification and all privileges as a Participant will be immediately

terminated. Emmis, in its sole discretion, further reserves 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, EMMIS RESERVES THE RIGHT TO SEEK

DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

RULES CHANGES AND INTERPRETATIONS:

Emmis reserves the right in its sole discretion to supplement or make changes to these General

Rules as well as the rules of any contest at any time without notice. Emmis reserves the right in its

sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all

participants.

AGREEMENT TO ARBITRATE:

To the fullest extent permitted by law, by participating in the Contest, a Participant understands and

agrees that:

a. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve

their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of

law);

b. any and all disputes, claims, and causes of action arising out of or in connection with this

Contest, or any prizes awarded, shall be resolved individually, without resort to any form of

class action (even if the rules and procedures of the arbitration tribunal allow class

arbitrations);

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 and under no

circumstances will Participants be permitted to obtain awards for attorneys’ fees, and

Participants hereby waive all rights to claim punitive, incidental, or consequential damages,

or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;

d. any claim or dispute regarding the Contest or these General Rules will be resolved pursuant

to the laws of Texas, without regard to the conflicts of laws and rules of Texas;

e. any claim or dispute regarding the Contest or these General Rules will be resolved in a

tribunal within the state of Texas, and Participants submit to the jurisdiction of, and waive all

objections to the jurisdiction or venue of, such tribunal; and

f. if for any reason a claim or dispute regarding the Contest or these General Rules proceeds

in court rather than through arbitration, there will not be a jury trial.

The invalidity or unenforceability of any provision of these General Rules, including but not limited to

the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any

such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed

in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

GENERAL RULES/LIST OF WINNERS:

Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by sending

a self-addressed stamped envelope to: KGSR Official Contest General Contest Rules (or the

Specific Contest Rules), 8309 North IH-35, Austin, TX 78753. These General Rules may also be

found at www.101x.com.

For a list of any Contest winners send a self-addressed, stamped envelope to: KGSR [insert contest

name]'s Winners List, 8309 North IH-35, Austin, TX 78753.