NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
MediaCo Holding Inc. d/b/a WBLS (FM) (“MediaCo” or “WBLS”), and Motown Records are giving WBLS listeners a chance to win a virtual meet and greet with NeYo and either a Macbook Pro, an iPad, or a pair of Airpods in the Circle of Sisters 2020 Gamification Contest (the “Contest”). This Contest is governed by these Rules, as well as by MediaCo’s Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by MediaCo and by all other decisions of MediaCo which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will 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.
The sponsors of the contest are MediaCo and Motown Records (individually, a “Sponsor,” and collectively, the “Sponsors”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus or “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 the Contest. The decision of any Sponsor to cancel, terminate, modify or suspend the Contest shall be final in all respects.
The Contest begins Wednesday, November 18 , 2020 at 10:00AM EST and ends on Saturday,
November 21 , 2020 at 6:00PM EST (the “Entry Period”).
Geographical, Age and Parental Consent Requirements: The Contest is open to legal United States residents of the continental United States who are physically located in the United States at the time of entry. Participants must be at least 21 years of age or older at time of entry. Sponsors reserve the right to refuse to award a prize to, or on behalf of, a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of MediaCo, its parent companies, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the 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 who have won a MediaCo Holding Inc. 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 their employer’s policies.
HOW TO ENTER:
During the Entry Period, interested Participants may enter in one of two ways:
1) Circle of Sisters 2020 ticket holders purchased through Eventbrite will receive a Circle of
Sisters Registration Confirmation email no later than 10:00AM EST on Wednesday,
November 18 , 2020 which will contain a link to login to the Circle of Sisters 2020
platform. Once a Participant has logged in to the Circle of Sisters 2020 platform, each Participant may click the Prizes tab in Lobby where Participant will see a breakdown of available activities and their point values. Points earned based on activities done within the Circle of Sisters 2020 platform throughout the Entry Period are outlined below.
Point Earning Activities
Where to Earn Points
Points # and frequency
Activate your Account & Login Add a photo to your Business Card
Add a Session to Your Schedule
Attend a Full Session Visit a Vendor Booth
Registration Page Business Card
All sessions All booths
3 points per session added
10 points per session attended
7 points per booth
2 points each
2 points each
2 points each
Interact with Vendor Booth – Download a handout
Interact with Vendor Booth – Ask a Question
Interact with Vendor Booth – Answer a Poll
All sessions & booths
The twenty (20) Participants earning the most points through the Circle of Sisters 2020 platform will be ranked on the Circle of Sisters 2020 Leaderboard throughout the Circle of Sisters 2020 event.
2) Individuals interested in participating in the Contest who are not Circle of Sisters 2020 ticket holders may enter the Contest for free by mailing your complete name, address, city, state, zip code, date of birth (mm/dd/yyyy), and telephone number in an envelope, with first class postage affixed to: WBLS ATTN: COS Gamification Contest, 395 Hudson St., 7th Floor, New York, NY 10014. Mail in entries must be received by 11/21/2020 and must contain all contact information listed above to be entered to win. Limit one (1) entry per person.
Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsors 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.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, 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.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors 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:
Incorrect, incomplete or inaccurate entry information;
Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
Inability to send a text-message;
Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
Network hackers or other unauthorized access to Sponsors’ computer network;
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;
Equipment malfunctions; and
Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
There will be a total of twenty (20) prize winners in this Contest from among all eligible Contest entries received during the Entry Period. One (1) First Place Winner will receive access for one (1) person to a group virtual meet and greet with NeYo on a TBD date and time at the Sponsors’ sole discretion, a 13-inch Macbook Pro and two (2) tickets to Circle of Sisters 2021. One (1) Second Place Winner will receive access for one (1) person to a group virtual meet and greet with NeYo on a TBD date and time at the Sponsors’ discretion, a 32GB iPad and two (2) tickets to Circle of Sisters 2021. One (1) Third Place Winner will receive access for one (1) person to a group virtual meet and greet with NeYo on a TBD date and time at the Sponsors’ discretion, a pair of Airpods and two (2) tickets to Circle of Sisters 2021. Seventeen (17) additional Fourth Place Prize winners will each win two (2) tickets to Circle of Sisters 2021. The total aggregate prize value of all prizes in this Contest is approximately Two Thousand Five Hundred Dollars ($2,500.00).
No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve 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.
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.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
There will be a total of twenty (20) prize winners in this Contest selected from among all eligible Contest entries received during the Entry Period. At approximately 6:00PM EST on Saturday, November 21, 2020, the twenty (20) Participants that have accumulated the most points during the Circle of Sisters 2020 event will fill the Circle of Sisters Leaderboard based on highest point rankings. In the unlikely event of a tie for the twentieth (20th) spot on the Leaderboard at the conclusion of the Entry Period, all tied entries will be included on the final Leaderboard standings. The First Place will be chosen randomly from among all eligible mail in entries received as well as among the Participant earning the most points on the Circle of Sisters Leaderboard. The Second Place Winner will be chosen randomly from among all eligible mail in entries received as well as among the Participant earning the second highest number of points on the Circle of Sisters Leaderboard. The Third Place Winner will be chosen randomly from among all eligible mail in entries received as well as among the Participant earning the third highest number of points on the Circle of Sisters Leaderboard. The seventeen (17) Fourth Place Prize Winners will be chosen randomly from among all eligible mail in entries received as well as among the Participants earning the last 17 points rankings spots on the Circle of Sisters Leaderboard (plus any other Participants included on the Leaderboard due to a tie for the 20th spot on the Leaderboard).
Winners will be notified by Sponsors by email or phone call on or about November 22
HOW TO CLAIM A PRIZE:
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. Sponsor reserves the right to deny awarding a prize if the winner fails to provide satisfactory identification, as determined in Sponsor’s sole discretion.
Winners are required to execute certain forms, including but not limited to an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement, and a completed IRS W-9 before any prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as a winner. 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.
Claiming the Prize: The Sponsor has the right in its sole discretion to mail the prize to the winner. The winner will initially be sent the required releases and prize claim forms. Winner is required to first sign the required forms and then email a photograph of each signed release and prize claim form to Sponsor at firstname.lastname@example.org. Alternatively, a winner may mail the required forms to WBLS at Attn: CIRCLE OF SISTERS 2020 GAMIFICATON Contest, 395 Hudson Street, 7th Floor, New York, NY 10014. Participants acknowledge that any postal service mailing of the release forms to Sponsor may significantly delay the mailing of a prize. After receipt of all signed required releases and claim forms, Sponsor will mail the prize to the winner. Failure by the winner to return completed forms within seven (7) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the
event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe arrival. Sponsor may elect to change the method by which winner claims the prize. Should Sponsor change the method by which a winner claims the prize, Sponsor shall promptly inform winner of the new prize claim process.
Prize Forfeiture: Any winner who fails to redeem, claim, or utilize the prize will forfeit the prize. MediaCo 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 Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE MediaCo WBLS License LLC, MediaCo Holding Inc., Emmis Radio, LLC, Emmis Communications Corporation, Emmis Operating Company, Motown Records and 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.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
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 the Sponsors and not to Facebook, Twitter, Instagram or any social media platform.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to the Contest Entities (as defined above) permission, from time to time, to reference and discuss Participant and their participation in the Contest on-air and/or on their websites 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 the Contest Entities deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
All Participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges of a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve 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, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in their sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsors reserve the right in their 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:
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);
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);
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;
any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of Indiana, without regard to the conflicts of laws and rules of Indiana;
any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of Indiana, 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 Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Official 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 Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: WBLS COS 2020 GAMIFICATION CONTEST Rules and/or Official Contest General Contest Rules, 395 Hudson Street, 7th Floor, New York, NY 10014. These Rules and the General Rules may also be found at www.wbls.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: WBLS COS 2020 GAMIFICATION CONTEST Winners List, 395 Hudson Street, 7th Floor, New York, NY 10014.
MediaCo Holding Inc. d/b/a WBLS-FM 395 Hudson Street, 7th Floor
New York, NY 10014
Motown Records 1755 Broadway
New York, NY 10019