Contest Name: Win a Honda CRZ (the “Contest”)
Station: WAXQ-FM (the “Station”)
Station Address: 32 Avenue of the
Telephone:
Contest Sponsor:
NO PURCHASE OR PAYMENT OF ANY
Clear Channel Broadcasting, Inc., its subsidiaries, affiliated companies and divisions to include individual Stations, iHeartRadio and Clear Channel Media and Entertainment (collectively, the “Company”), will conduct its promotional contests substantially as described in the Official Contest Rules, and by participating, each Entrant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various states, and the Company may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station. Participating stations are listed above. For a list of participating stations and/or a copy of the Official Contest Rules, please visit the office of the participating station during normal business hours or visit http://www.q1043.com/pages/contest/get-the-clicks/.
The Contest is sponsored by Paramus Honda and is administered by the Company and any questions, comments or complaints regarding the Contest must be directed to the Company. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with the Company’s privacy practices found here. The Company together with any Contest sponsor(s), promotional partner(s), administrator and third party prize fulfillment service are herein collectively referred to as the Contest Entities.
- Description of Contest/Participation
A. Dates of Contest: Contest will begin August 6, 2012 at 5:00:00 AM Eastern Daylight Time (“EDT”) and end September 8, 2012 at 3:00PM EDT (“Contest Period”). Contest registration period will begin Monday, August 6, 2012 at 5:00:00 AM EDT and end Sunday, August 26, 2012 at 11:59:59 PM EDT (“Registration Period”).
B. How to Enter. Online Entry: During the Registration Period, log onto to www.q1043.com (the “Web Site”) and follow the “Win a Honda CR-Z” Contest links and instructions to complete and submit the registration form with the required information, including a valid name, email address, phone number, city, zip code, and birthday, to receive one (1) entry into the Contest (“an Entry”). Enter For Free Via Mail: Enter for free and without purchase by hand-printing your name, date of birth, mobile telephone number (including area code), email address and street address (including city, state and zip code) on a 3” x 5” card and mailing in an envelope with proper postage affixed to Win a Honda CR-Z Contest, 32 Avenue of the Americas, New York, NY 10013, to be postmarked by August 26, 2012 and received by September 2, 2012. Each entry must be in a separate postmarked outer envelope. Mechanical or facsimile reproductions, entries using macros, script or other forms of automatic entry and Entries which subvert the entry process will be disqualified. One registered or mail-in Entry per person/email address during the Registration Period.
C. Additional Entries. After completing an Entry, Entrants may acquire up to one hundred and four (104) additional entries (each an “Additional Entry”) by following the on-screen instructions to share a unique URL with friends and family using one (1) or more of four (4) modules available on the Web Site that perform one (1) of the following four (4) actions (each an “Activity”):
- Entrants may receive one (1) Additional Entry by sharing the Entrant’s unique URL on the Entrant’s Facebook page using the Entrant’s Facebook Account (“Facebook Additional Entry”). One Facebook Additional Entry per person/email account.
- Entrants may receive one (1) Additional Entry by sharing the Entrant’s unique URL on Twitter using the Entrant’s Twitter Account (“Twitter Additional Entry”). One Twitter Additional Entry per person/email account.
- Entrants may receive one (1) Additional Entry by sharing the Entrant’s unique URL on the Entrant’s Google Plus profile page using the Entrant’s Google Plus Account (“Google Plus Additional Entry”). One Google Plus Additional Entry per person/email account.
- Entrants may receive one (1) Additional Entry by sharing the Entrant’s unique URL and a promotional message via email using a pre-filled email message created by Clear Channel (the “Clear Channel email message”) (“Email Additional Entry”). Any modification or deletion of any portion of the Clear Channel email message or any distribution of Entrant’s unique URL without the Clear Channel email message may invalidate that Entrant’s Additional Entry, in the Company’s sole discretion. Entrant may only share Entrant’s unique URL with other persons with whom Entrant has a personal relationship. Limit one hundred (100) Email Additional Entries per person/email account.
All Activities using Facebook, Twitter, and Google Plus must contain the pre-populated Clear Channel Contest message for social media (the “Social Media Message”). Any modification or deletion of the Social Media Message or any distribution of Entrant’s unique URL via social media without the Social Media Message may invalidate that Entrant’s Additional Entry, in the Company’s sole discretion. An Entrant will receive one (1) Additional Entry for each unique click on that Entrant’s unique URL. Entrant will not receive an Additional Entries for sharing a unique URL unless a user other than Entrant clicks on Entrant’s unique URL. Limit one hundred and four (104) Additional Entries per person/email address. Entries and Additional Entries are collectively referred to herein as “Entries.”
Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. The Company is not responsible for Entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete Entries or mail. Multiple Entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an Entry shall not be deemed proof of receipt by the website administrator for online Entries. The website administrator’s computer will be deemed the official time keeping device for the Contest. Entries must contain all information requested and must be received within the Registration Period to be considered valid. Entries will be disqualified if found to be incomplete and/or if prohibited multiple Entries are determined. All Entries become the property of Company and will not be receipt acknowledged or returned.
D. Qualifier Selection: On August 27, 2012, the Company will randomly select a total of one hundred and four (104) Entrants from all eligible Entries received before the end of the Registration Period to become qualified to participate in the Grand Prize Event, as defined below, subject to verification (each a “Qualifier”). Only qualified Entrants may participate in the Grand Prize Event. Qualifiers must be available to participate in the Grand Prize Event to be considered eligible. If any Qualifier is not available to participate in the Grand Prize Event or is deemed ineligible or disqualified for any reason whatsoever as specified by the Company, in their sole discretion, the Qualifier’s privileges will be forfeited entirely and an alternative Qualifier may at the sole discretion of the Company, be randomly selected from the eligible Entries. Must be present at the Grand Prize Event to win, no stand-ins or substitutions will be permitted. If a Qualifier is not available on the specified Grand Prize Event date, Qualifier will be disqualified and the Company reserves the right to choose an alternate Qualifier. (See Addendum Below)
E. Grand Prize Event and Winner Selection: Eligible Qualifiers will participate in the Grand Prize Event. A Qualifier’s odds of winning are 1 in 104 (assuming all Qualifiers attend Grand Prize Event). The Grand Prize Event will take place at Paramus Honda, 120 New Jersey 4 Paramus, NJ 07652, on September 8, 2012 from 12:00 pm (noon) ET to 2:00 pm. All Qualifiers must check in and officially register for the Grand Prize Event between 11:00 am EDT and 11:45 am EDT to be eligible to participate. Only Qualifiers may participate in the Grand Prize Event. Time of the final giveaway event is subject to Sponsor and the Company’s discretion. The Company is not responsible for the cancellation or rescheduling of the Grand Prize Event and no substitution or compensation shall be awarded. Company reserves the right to not award the prize associated with the canceled Grand Prize Event, without any payment or obligation to the winner or Qualifiers.
During on-site registration for the Grand Prize Event, each Qualifier is randomly provided (1) one numbered ticket, which number will be assigned to that Qualifier.
On or about 12:00 pm EDT the Station or their designee will randomly select ten tickets for the first round of Qualifiers to randomly choose a key and try and open the vehicle with the key provided and, this will continue until one of the keys opens the door to the vehicle. The first qualifier’s key to open the door to the vehicle will be considered the grand prize winner (“Grand Prize Winner”), subject to verification, and the Contest will officially end. If one of the keys distributed does not open the vehicle the grand prize will be awarded by random drawing among all participating qualifiers. In the event that more than one key is found to open the vehicle, only the first key to open the vehicle will be considered valid to award the grand prize; thereafter all other keys, if any will be deemed void and no more prizes will be awarded after the Contest has officially ended.
Prior to taking possession of the prize winner must provide proof of a valid driver’s license or be accompanied by a licensed driver, show proof of automobile liability insurance and/or other state automobile insurance requirements and/or must possess another form of state authorized identification prior to being awarded the prize. If a winner is disqualified, the Company reserves the right to determine an alternate winner by conducting a random drawing.
Notice: If an Qualifier is unable to verify online registration information on-site the Qualifier may automatically be disqualified and their prize, if any, may be forfeited. The Company reserves at its sole discretion the right to choose an alternate Qualifier in the event that that a Qualifier has been disqualified or is deemed ineligible. Notification of qualification is deemed to have occurred immediately upon placing of a phone call or sending of an email or any other form of communication Station may use to contact the qualifier. The Company is not responsible for any change of email address, mailing address and/or telephone number of Entrants. The Station is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier. Contest Entities are not responsible for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the Entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the Entrant may be disqualified and their prizemay be forfeited, no alternative prize will be substituted. All decisions of the Company and/or judges will be final. If any prizewinner and or qualifier are not available to participate, deemed ineligible or disqualified for any reason whatsoever as specified by the Contest Entities, in their sole discretion, the qualifier and or prizewinner privileges will be forfeited entirely and an alternative qualifier and or prizewinner may be selected from among the Eligible Entries received, as defined herein. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Company, that the decisions of the Company is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then you may be disqualified; and (e) you will be available to participate when applicable in any portion of the Contest for which your participation may be required to be considered eligible.
2. Prize (1). No more than the advertised number of prizes shall be awarded. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, or redeemable for cash except in Company's sole discretion. Prize details and availability are subject to change. There are no substitutions unless specified by the Company. If a prize, or any portion thereof, cannot be awarded for any reason, the Company reserves the right at its sole discretion to substitute the prize (or prize component) with another prize (or prize component) of equal or greater value. Prizing may be fulfilled by a third party fulfillment company. The Contest Entities and Released Parties (defined below) are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in this Contest. The prize is awarded if properly claimed according to the Rules and if there are sufficient eligible entries. The Company does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of winner(s). If the winner is disqualified or is found to be ineligible for the Contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion. The prize(s) that may be awarded to the eligible winner(s) are:
One (1) Grand Prize: A 2012 Honda CRZ (“the Vehicle”). Automatic Transmission (AT). Manufacturer’s suggested Retail Price (“MSRP”) prize value $22,695.00 USD. MSRP subject to change based on final pricing approval. Prize provided by: Paramus Honda.
The depiction of the vehicle prize in any advertising or promotional materials may not reflect the actual vehicle delivered to the winner. Sponsors will determine all features of automobile including, but not limited to, color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Sponsor reserves the right to award an alternate year model (i.e. 2011), if the 2012 model is not available at the time of prize award. Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery (or an alternative winner shall be selected if applicable and the original winner’s rights to the vehicle shall be automatically forfeited). Winner is responsible for any expenses associated with the vehicle, including, but not limited to: registration, tax, title, license fees, insurance, extended warranties and all other costs incurred in claiming, registering or using the vehicle. Winner is also responsible for all costs associated with any optional accessories ordered by the winner. Contest Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Contest and/or any person’s participation in the Contest; provided, however, that Sponsor shall be solely responsible for any express-written limited warranties specifically set forth in the applicable Owner's Guide for the vehicle. Winner must take delivery of prize from the automobile dealership designated by Sponsor. The Contest Entities shall not be responsible for delays in delivery of the prize vehicle, and delivery is subject to availability. The winner shall bear all risk of loss or damage to the Grand Prize vehicle after it has been delivered to the specified delivery site. Winner must take delivery and must take possession of the Grand Prize no later than thirty (30) days after receiving notice that the vehicle is ready to be claimed upon completion of verification process. Unclaimed prize will not be awarded. Failure of the winner to take possession within such time will result in disqualification. Winner must provide evidence of insurance and a valid driver’s license prior to taking delivery of the vehicle. Winner will be required to provide the Company with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. Winner will be issued an IRS 1099 form.
Grand Prize winner may not substitute, exchange, or apply the vehicle’s value towards a higher cost or alternate vehicle. Designated vehicle must be Sponsor’s designated vehicle that is currently in designated dealer’s stock of inventory. If the designated prize vehicle MSRP is under the stated value, the winner will not be awarded the difference between the vehicle’s actual MSRP and stated value.
- Eligibility and Limitations. Entrants must be 18 years of age or older, as of the date of entry a legal resident of the 50 U.S. or D.C. residing within the participating Station’s Total Market Area (TMA) as determined by the Station or otherwise defined by Arbitron. Commonly the TMA represents the total overall radio station's comprehensive listening market audience within a geographic area encompassing all industry defined media market areas. Prizes won by an eligible Qualifier who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. The potential prize winner and, if the potential prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner's parent or guardian, may (in Company’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four (24) hours after the first (1st) delivery attempt to Entrant’s e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner's failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. It is strictly prohibited for anyone who does not meet the age requirement at the time of entry to be allowed to participate in the Contest and no one under the age of thirteen (13) shall be permitted to enter any Contests at any time, under any circumstances. Affiliates, and each of their respective employees, shareholders, directors, officers, members, successors or agents of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and the spouse of each, and any other persons residing at the same household whether or not related.
4. Tampering and Delivery Disclaimer. (a) The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any person, who The Company determines (in its sole discretion) is or is attempting to: (i) tamper with The Company’s Website and/or any part of the Contest; (ii) attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other Entrants or The Company’s Agents; and/or (iv) otherwise violating these Official Rules or the Terms of Use of The Company’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE CONTEST ENTITIES AND THEIR RESPECTIVE EMPLOYEES, DEALERSHIPS AND ITS/THEIR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. If, in The Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, The Company reserves the right to void suspect Entry and/or evaluations and/or terminate the Contest and randomly award the Prize from among all eligible, non-suspect entries received prior to cancellation in its sole discretion. The use of any automated launching or Entry software or any other mechanical or electronic means that permits the Entrant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an Entrant based on an email address, the Entry in question may be disqualified. For all contests the Contest Entities disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Contest Entities are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant's ability to participate in the Contest, and any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants may use the alternative entry method to ensure registration. The Station will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the Entrant attempted to send the Entry and any technical problems or other complications that may have delayed its delivery.
5. Publicity; Use of Personal Information. By participating, where allowed by law, all winner(s) grant the Contest Entities exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, Entrants agree that the Contest Entities may use such information for marketing purposes, and may include the names of winners in a publicly available winners’ list. For more information about how the Company will use information collected in connection with this Contest, please see Company’s privacy policy link here. On occasion Entrant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that Entrant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Contest, Entrant understands and acknowledges that information (including Entrant’s personally identifiable information) provided will be collected independently by Clear Channel (the Company) and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook.
6. Releases and Conditions. By participating in the Contest, each Entrant and winner waives any and all claims of liability against the Contest Entities, their respective employees and agents for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the award, receipt and/or use or misuse of any prize, including any travel related thereto. As a condition of participating in the Contest, Entrants agree and acknowledge that in order to receive a prize, Entrants must sign an official waiver form provided by the Company and agree to the terms herein, including but not limited to the prize conditions in this paragraph. The prize is subject to certain terms and conditions as specified herein. Winner must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety. The prize elements will be awarded as described herein (subject to legal restrictions). By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation and must sign a release to be eligible to receive a prize and hereby agrees (and agrees to confirm in writing ) to release all Contest Entities, Facebook, and any Contest Entity’s affiliates, subsidiaries, dealerships, sales representatives, and distributors, and each of their officers, directors, employees, licensees and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto. The Contest Entities are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Contest Entities’ sole control. The Company will have no further obligation to winner.
7. Binding Arbitration. Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply [New York] law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
Governing Law & Jurisdiction: These Official Rules and the Contest are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State/Commonwealth of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 7 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York in the City of New York.
8. Conduct and Decisions. By participating in the Contest, Entrants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners come forward seeking to claim the Grand Prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the Grand Prize. Inclusion in such drawing shall be each Entrant's sole and exclusive remedy under such circumstances. All decisions will be made by the Company and are final. Any reference in these Official Rules or as part of the Contest to The Contest Entities’, "discretion" and/or any exercise of discretion by the Contest Entities’ shall mean in the Contest Entities "sole and unfettered discretion."
9. Miscellaneous. Void outside the United States, and wherever prohibited or restricted by law. Station reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. These rules are designed to be fair and equal to all Entrants. The Company may substitute prizes, amend the rules, or discontinue the Contest at any time as announced on the Station(s). The Contest Entities disclaim any responsibility to notify Entrants of any aspect related to the conduct of the Contest. Participation in the Contest constitutes Entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth herein.
10. Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company and participating Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by applicable local and state law.
11. Winner’s List. For the name of the winner, mail a self-addressed, stamped envelope to: Promotions, Clear Channel Media + Entertainment, 32 Avenue of the Americas, New York, NY 10013. Requests must be received by October 8, 2012.
11. Sponsored by: Paramus Honda, 120 New Jersey 4, Paramus, NJ 07652
12. Administered by: Clear Channel Media + Entertainment, 32 Avenue of the Americas, New York, NY 10013.
ADDENDUM TO Win a Honda CR-Z
Contest Name: Win a Honda CR-Z (the “Contest”)
Station: WAXQ-FM (the “Station”)
Station Address: 32 Avenue of the Americas, New York, NY 10013
Telephone: 212-377-7900
D. Qualifier Selection: On September 2, 2012, the Company will randomly select a total of one hundred and four (104) Entrants from all eligible Entries received before the end of the Registration Period to become qualified to participate in the Grand Prize Event, as defined below, subject to verification (each a “Qualifier”). Only qualified Entrants may participate in the Grand Prize Event. Qualifiers must be available to participate in the Grand Prize Event to be considered eligible. If any Qualifier is not available to participate in the Grand Prize Event or is deemed ineligible or disqualified for any reason whatsoever as specified by the Company, in their sole discretion, the Qualifier’s privileges will be forfeited entirely and an alternative Qualifier may at the sole discretion of the Company, be randomly selected from the eligible Entries. Must be present at the Grand Prize Event to win, no stand-ins or substitutions will be permitted. If a Qualifier is not available on the specified Grand Prize Event date, Qualifier will be disqualified and the Company reserves the right to choose an alternate Qualifier.
