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 DOMUS MEDIA GROUP d/b/a HB RADIO (“DMG” or “HB RADIO”) (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 DMG’s 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:
DMG 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 DMG to cancel, terminate, modify or suspend any Contest shall be final in all respects.
All DMG 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.
Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each Contest is open to legal residents of the United States who are at least 18 years of age or older at time of entry. DMG reserves the right to refuse to award a prize to or on behalf of a minor.
HOW TO ENTER:
Methods: Contest entries may be submitted as advertised or otherwise prescribed by DMG for the Contest. Generally, these will involve all or some of the following entry methods: (1) toll-free telephone; (2) postal mail; (3) electronic mail; (4) drop box; (5) web entry; or (6) text entry. 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 DMG: All Contest entries and/or related submissions become the sole and exclusive property of DMG 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: DMG 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 DMG.
Multiple Entries: Unless otherwise limited by DMG, 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 DMG, 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 DMG or other Contest Entity, DMG 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:
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 DMG 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.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE DMG or 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 DMG 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.
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 DMG 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.
DMG 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, DMG 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, DMG 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.
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 DMG 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.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to DMG 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 DMG 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 DMG, 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.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to DMG 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 DMG 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.
By participating in this Contest, Participant irrevocably grants to DMG 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.
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. DMG, 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, MEDIACO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
DMG 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. DMG 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:
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 General Rules will be resolved pursuant to the laws of Nevada, without regard to the conflicts of laws and rules of Nevada;
any claim or dispute regarding the Contest or these General Rules will be resolved in a tribunal within the state of Nevada, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
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.