GENERAL CONTEST RULES AND REGULATIONS (the “Contest Rules”)
1. THE CONTEST These Contest Rules apply to all contests running on KOOL 101.3 (the “Contests”) unless otherwise specified.
2. ELIGIBILITY The Contests are open to residents of Alberta who are 18 years of age or older (unless otherwise specified) but excluding employees, directors and officers of KOOL 101.3 (the “Station”), and Newcap (“Newcap”), and any third party sponsor (the Contest Sponsors”) any affiliate (as defined in the Canada Business Corporations Act) of Newcap (the “Affiliates”), and each of their, employees, directors and officers, and those of their respective advertising and promotional agencies, as well as family members of any of the foregoing or those with whom they are domiciled, are not eligible to enter the Contest.
3. HOW TO ENTER AND WIN NO PURCHASE NECESSARY. Listen to KOOL 101.3 or visit 1013KOOLFM.COM for specific instructions on how to enter each Contest, the Contest period, and how winners are selected. Streaming Listeners: Please note that you may be listening to a delayed stream of the radio signal which may vary depending on your computer’s memory capacity and the speed of your internet connection. For that reason, Contest Sponsors recommend that you turn on your radio to the Radio Station to participate in any call-in contest to be sure you are participating in “real time.” Contest Sponsors assume no responsibility for entrants not making timely phone calls to the station as a result of the delays in the Internet stream. Only one (1) entry per person is permitted for any particular Contest, unless otherwise specified. Multiple entries will be discarded. No more than one (1) Grand Prize will be awarded to any person within thirty (30) days, except in the sole discretion of the Contest Sponsors. Entrants may be required to show valid identification when claiming a Grand Prize, and entrants who breach this condition of entry may be disqualified, to be determined in Contest Sponsors’ sole discretion. Entries are subject to verification and will be declared invalid if they are reproduced, falsified, altered or tampered with in any way.
4. THE GRAND PRIZE AND GRAND PRIZE VALUE Grand Prizes may include, without limitation, CDs, DVDs, gift certificates, sports, concert or movie tickets, books, passes to local festivals and cash, among other prizing. The approximate retail value of each Grand Prize will be up to $200, depending on the Contest. The terms by which the Gift Card may be redeemed are governed by the individual retailer or service provider. KOOL 101.3 is not responsible for administering or ensuring compliance with the terms and conditions relating to the Gift Card. Decisions of the Contest Sponsors regarding prizing are final and the Grand Prizes must be accepted as awarded.
5. DEADLINE FOR CLAIMING GRAND PRIZES Grand Prize winners must claim the Grand Prize by the date and time as advised by the Contest Sponsors in connection with the Contest (the “Deadline”). Deadline for claiming a prize is thirty (30) days from the win date unless otherwise specified in the contest rules. If the Grand Prize winner fails either to claim the Grand Prize or inform of his or her inability to claim the Grand Prize before the Deadline, his or her entry will be forfeited and another eligible entrant may be selected, to be determined in Contest Sponsor’s sole discretion.
6. PRIZE CONDITIONS All incidental costs and expenses not specifically referred to herein as part of the Grand Prize description (the “Expenses”) are the sole responsibility of the Grand Prize winner (and/or guest where applicable). The Grand Prize winner (and/or guest where applicable) shall not seek reimbursement for the Expenses from the Contest Sponsors and/or the Affiliates.
7. ODDS OF WINNING Odds of winning depend on the total number of eligible entries received during the Contest Period.
8. NO REPRESENTATIONS OR WARRANTIES None of the Contest Sponsors or their Affiliates makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Grand Prize. Grand Prize winners understand and acknowledge that they may not seek reimbursement nor pursue any legal or equitable remedy from the Contest Sponsors or the Affiliates, should any Grand Prize fail to be fit for its purpose or is in any way unsatisfactory to a Grand Prize winner.
9. DECLARATION AND RELEASE OF GRAND PRIZE WINNER Before being awarded the Grand Prize, the selected entrant must: (a) Correctly answer, unaided, a time-limited skill-testing mathematical question, and (b) Sign a standard form Declaration and Release of Liability confirming that by entering the Contest:
- he or she read, understood and accepted these Contest Rules;
- that he or she understands that acceptance of the Grand Prize may involve danger and/or exposure to risks and hazards of both man-made and natural origin, whether arising from foreseeable or unforeseeable human error and negligence, and that, as a result, he or she may suffer damage to personal property, serious personal injury, illness or even death;
- that he or she nevertheless freely and voluntarily agrees and does hereby assume any and all risks of personal injury, illness, death arising out of or connected with his or her participation in the Contest and winning the Grand Prize; and
- that he or she releases the Contest Sponsors, the Affiliates, Facebook, Inc., Twitter, Inc., the prize providers, and all of their directors, officers, employees, agents as well as their respective advertising and promotional agencies (collectively, the “Releasees”) from any and all liability arising in connection with participation in the Contest and acceptance of the Grand Prize, including, without limitation, any financial, legal or moral responsibility or loss or personal injury including death or damage to or loss of property suffered or incurred or arising from participating in the Contest or accepting the Grand Prize, whether suffered by the Grand Prize winner, or by his or her heirs, administrators, personal representatives or executors, and notwithstanding that such injuries or losses may have been caused solely or partly by any act, omission, negligence or gross negligence of any or all of the Releasees.
10. PRIZE SUBSTITUTION The Grand Prize and prize portions are non-exchangeable, non-transferable, non-refundable, have no cash surrender value must be accepted as awarded with no substitutions and may not be sold. The Contest Sponsors reserve the right, in their sole discretion, to substitute and/or modify a prize, or prize with (a) prize(s) of equal or greater value for any reason. Should the Grand Prize winner be unable to claim the Grand Prize as awarded, his/her rights to that Grand Prize or prize portion will be forfeited and another eligible entrant may be selected, to be determined in Contest Sponsors’ sole discretion.
11. TERMINATION/MODIFICATION Subject to applicable law, the Contest Sponsors reserve the right to cancel, suspend, terminate, modify the Contest Rules, administration of the Contest and/or prizes, in whole or in part, without prior notice with no obligation or liability, including, if for any reason, the Contest is not capable of running as planned, whether due to technical failure, tampering, fraud, corruption of security or other causes beyond the control of the Contest Sponsors that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Contest.
12. OWNERSHIP OF ENTRIES Subject to the terms contained in Section 14 below, all entries shall become the property of the Contest Sponsors and their advertising and promotional agencies. The Releasees assume no responsibility for lost, stolen, destroyed or otherwise indecipherable entries due to any failure or technical malfunction of the telephone network, on-line computer systems of equipment, servers, access providers, software, poor reception, technical problems, failure of any email or submission or due to any other reason regardless of cause.
13. PUBLICITY By entering the Contest, each entrant, including the Grand Prize winner consents to the use of his or her name, city of residence, photograph, voice, likeness, image or any other aspect of his or her personality for any publicity and programming purposes, commercial or otherwise, in all media used by the Contest Sponsors, promoters and their advertising and promotional agencies, without any payment or compensation. The Grand Prize winner further agrees that his or her audio reaction may be used for on-air promotional purposes. The entrants understand and acknowledge that KOOL 101.3 may contact him or her on-air without prior knowledge as a result of his or her participation in the Contest.
14. CONSENT TO COLLECTION AND USE OF PERSONAL INFORMATION By entering the Contest and voluntarily providing personal information including, but not limited to, name, address, city, email address, home and office telephone numbers (the “Registrant Information”), each Contest entrant grants permission to the Contest Sponsors to collect and use of the Registrant Information for the exclusive purpose of administering the Contest and selecting the Grand Prize winner(s). No correspondence will take place between the Contest Sponsors and the entrants except in connection with the Contest and, in the case of the Grand Prize winner, as a result of entering the Contest and winning the Grand Prize.
15. TAMPERING The Contest Sponsors reserve the right to disqualify, from this Contest and future contests of the Contest Sponsors and/or their Affiliates, any individual who tampers with or in any way corrupts the entry process and the operation of the Contest as outlined in these Contest Rules. The Contest Sponsors may prohibit an entrant or person they believe is tampering with the from participating in the Contest or winning a prize if, in the Contest Sponsors’ sole discretion, the Contest Sponsors determine that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any unfair playing practices (including the use of automated quick programs) or intending to annoy, abuse, threaten or harass any person associated with the Contest Sponsors’ representatives. Any attempt by an entrant or any other individual to deliberately damage a website or to undermine the legitimate operation of a Contest may be in violation of criminal and civil laws, and should any such attempt be made by a Contest entrant or other person, the Contest Sponsors reserve the right to seek remedies and damages or other relief (including lawyers’ fees) from any such Contest entrant or any other individual to the fullest extent permitted by law, including criminal prosecution.
16. LIMITATION OF LIABILITY By entering the Contest, the entrant agrees that the Releasees shall have no liability and shall be held harmless by the entrant for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of entering the Contest, the acceptance, possession, use, enjoyment or misuse of any prize, or while preparing for, participating in any Contest-related or prize-related activity. The Releasees are not responsible for technical, hardware, software or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by any of the Releasees, users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions that may cause damage to a user’s system or limit an potential entrant’s ability to participate in the Contest.
17. WHERE CONTEST RULES AND REGULATIONS AVAILABLE These rules and regulations are available online at www.1013KOOLFM.COM, and at the KOOL 101.3 studios, located at 4816 50th Ave, Second Floor (Muller Plaza) Bonnyville, AB T9N 2J5
18. COMPLIANCE WITH CONTEST RULES All contestants agree to abide by the Contest Rules, which are subject to change at the sole discretion of the Contest Sponsors.
19. COMPLIANCE WITH LAWS This Contest is void where prohibited by law and is subject to all federal, provincial, territorial and municipal laws and regulations of Canada and of each province, territory and municipality of Canada, respectively. © Newcap, 2016.