General Contest Rules
Except to the extent set forth in the specific rules for a particular contest, these general contest rules will apply to all contests conducted by Rocky Mountain Radio Group, LLC KZYR-FM & KKVM-FM (the “Stations”). To the extent that the specific rules for a particular contest differ from these general contest rules, the specific rules for that particular contest will govern and control the conduct of such contest. A copy of these general contest rules, along with any specific contest rules if/when applicable, are available (i) during regular business hours, Monday through Friday (excluding holidays) 9am to 5pm, at the Station’s studio location at 275 Main Street, Suite 201, Edwards, CO 80203 (the “Studio”), and (ii) on the Stations website at http://KZYR.com s For directions to Studio, or for questions and additional information about Station contests or prizes, call 970-926-7625, and ask to speak with someone in Promotions.
Who Can Enter
1. Individuals who are both 18 years of age or older (“Entrant(s)”). Only if Station allows individuals fourteen (14) years of age or older to enter contests, in the event a prize is won by any Entrant who is under 18 years of age, such Entrant’s parent or legal guardian will be deemed the winner for all purposes hereunder.
- Notwithstanding the foregoing, the following individuals are NOT eligible to enter Station contests, even if such individuals meet the age requirements set forth in Section 1 above:
a. Any employees (i.e., full-time, part-time and/or temporary employees) of the Station, of participating sponsor(s) (“Sponsor(s)”), of any advertising and promotion agencies, and/or of the respective parent entities, subsidiaries, affiliated companies of each;
b. Any immediate family members of such employees, including without limitation current and/or ex-spouses, parents, grandparents, children, grandchildren, siblings, in-laws, and/or steps in any of the foregoing categories; and
c. Any other individual legally residing in the same household (i.e., at the same address) of such employees, including without limitation roommates, housemates, significant others, and partners.
How to Enter/How to Win
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
- For particular Contests governed by these general contest rules (“Contest(s)”), the Station will provide the following Contest-specific information as applicable: (i) when to enter the Contest and/or the deadline for entering the Contest (the “Entry Period”); (ii) how to enter the Contest, which may include but will not be limited to one or more of the entry methods described in Sections 5 – 10 below; (iii) the time(s), date(s), location(s) (if applicable), and method(s) for selecting or otherwise determining any qualifier(s), semi-finalist(s), finalist(s) (collectively hereinafter “Qualifier(s)”), winner(s) and/or grand prize winner(s), as applicable; and (iv) a description and approximate value of the prize(s) to be awarded (“Contest Terms”).
a. Station will provide such Contest Terms by means of on air announcement(s), website/blog post(s), text message(s), instant message(s), social media network post(s), and on-site/point-of-purchase poster(s), display(s), material(s) and/or handout(s).
b. Any reference to information being “announced” or “as announced” shall mean that Station has or will provide such information by any one or more of the foregoing means, as determined by Station with respect to each Contest.
c. Except if specifically required by these general contest rules, by the specific rules for a particular Contest, or by the context of a certain Contest, Contest Terms may not be announced on the radio.
d. Station is not responsible for the failure of any third party sponsor/location to make Contest Terms available.
- For Entering/Winning On Air (Listen to Win) Contests
a. For All On Air Contests:
i. WARNING: Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able participate in, or may be disadvantaged if participating in, any Contest that requires potential Entrant(s) to listen to Station. Contest participants should not rely on streamed broadcasts.
ii. IMPORTANT: Calls to any Station phone numbers other than the announced phone number, including the Station’s main phone number, will not be accepted for the Contest. Station not responsible for calls mistakenly placed to any other number.
1. In the event a caller is disconnected or is found to be ineligible, the next eligible caller that successfully makes it through on the call-in line and completes their call will be a winner.
2. If the Station receives less than the requested number of calls (i.e., only 9 callers when the Station is looking for the 10th caller to win) within a reasonable period of time as determined by Station, Station reserves the right to re-conduct that Contest at a later time or cancel that winning opportunity and not award the associated prize.
a. For Designated Caller Entry Contests: To enter, listen for the Station to make an on air announcement, provide instructions, and/or play a sounder specifying when and how to be a designated caller number, the Station Contest phone number and the prize (e.g., “be the 10th caller to 555-1212 to win a pair of tickets to the concert”; “after we play two (2) songs by X Artist in a Row, be the 10th caller to 555-1212 to win a pair of tickets to the concert”; etc…) (the “Cue-to-Call”). Upon hearing the Cue-to-Call, be the designated caller to the Station’s Contest phone number to win the announced prize (i.e., a prize, a qualifying prize, etc…) or opportunity (i.e., will be qualified for a chance to win a prize or grand prize, etc…).
- For Entering/Winning Online Contests
a. For Enter to Win Online Contests: To enter, visit http://KZYR.com(the “Website”) (or an alternative website for a particular Contest hereinafter referred to as a “MicroSite”), or the Station’s Facebook Page as instructed by Station, follow the links and instructions to enter the Contest, and complete and submit the online entry form during the Entry Period as announced. The online entry form may require for the Entrant to provide certain required contact information, along with any one or more of the following additional requirements: (i) answering survey questions; (ii) correctly answering trivia questions; (iii) making predictions or guesses with respect to certain upcoming events; and/or (iv) submitting Entrant-generated Content (for essay requirements, see Section 11(h)(i) below; for photo requirements, see Section 11(h)(ii) below; and for video requirements, see Section 11(h)(iii) below).
i. Entrants may be provided with an opportunity to opt-in for membership/participation as part of the entry process or, in the alternative, may be required to become a member/participate in clubs of (for example, email clubs, text clubs, and rewards programs) or to receive solicitations from Station and/or its Sponsors.
- For Entering/Winning On-Site /Entry Box Contests
a. For All On-Site/Entry Box Contests:
i. Entries must be deposited in the official entry box by the announced deadline.
ii. Only official entry blanks that are handwritten are eligible (no mechanical reproductions will be accepted).
iii. Official contest entry blanks are only available at the location of the official entry box, while supplies last.
b. On-Site/Entry Box Enter to Win Contests: To enter, visit the designated event and/or location as specified by Station, during the designated Entry Period, obtain an official entry form (available while supplies last), and legibly complete the entry form by hand writing all required information, which may include without limitation, your first name and last name, complete address, city, state, zip code, phone number (including area code), and email address, and age. Failure to provide all required information may result in disqualification.
- Failure to comply with the terms and conditions applicable to Contest entry, including without limitation submitting an incomplete or fraudulent entry, and/or failing to complete the entry process, will result in such Entry being disqualified from such Contest. Any individual(s) that is found to be, or suspected of, tampering with a Contest in any way, including without limitation by making a fraudulent entry, by engaging in any “deal-making” with or between other Contest participants or third parties, by creating a public hazard, by cheating, by engaging in improper or illegal activity, by causing interference with or the destruction of property and/or utilized public safety resources will be disqualified from participating and/or winning any prize(s), as applicable, and may be banned from any future participation in any Contest as determined by Station at its sole discretion and on a case-by-case basis.
- By entering a Contest, Entrants understand that Station staff may choose to comment on, mock, poke fun at, and/or mimic any Entrant’s entry and/or performance. Entrants waive any right to make any claim against Station or any Contest sponsors with respect to any comments, disparaging or otherwise, made regarding such Entrant and/or his/her entry, entry materials, performance, voice, appearance, participation and/or any other information provided or disclosed to Station during the course of a Contest. Further, Entrant acknowledges and agrees that all entries and/or entry materials become the property of the Station and will not be acknowledged or returned.
- Depending upon the type of Contest, the means of entry, and the entry information provided/required, Station may contact Entrant(s), Qualifier(s), winner(s), and/or grand prize winner(s) by phone, by email, by text message, by direct message or public post on social media network, and/or in person, as applicable. Station will only be required to leave one voicemail message, send one email, send one text message, send one direct message on social media, and/or make one public posting on social media. Station reserves the right, but not the obligation, to attempt to contact any Entrant(s), Qualifier(s), winner(s), and/or grand prize winner(s) more than once, at its sole discretion, and will not be required to attempt to contact Entrant(s), Qualifier(s), winner(s), and/or grand prize winner(s) an equal number of times or in the same manner.
- Station will be the sole arbiter in all matters relating to the Contest, including without limitation, Contest entries and in the interpretation of Contest rules. All decisions by Station will be final and may not be appealed. Entry into Contests constitutes agreement by Entrants to abide by these rules, as well as any other rules established by Station.
10. Prize(s) will be released to winners only. Prizes will not be mailed, unless otherwise determined by the Station, at its sole discretion. All prizes awarded must be picked up at the Station’s Studio during normal business hours (as described above), unless otherwise specifically directed by Station. Prizes not claimed within thirty (30) business days of being advised by Station that the prize is available for pick-up, or in the case of a time sensitive prize within its period of usability if shorter than 30 business days, will be considered forfeited without notice to the winner, and will become property of Station. Such prize may be disposed of at the discretion of Station Management.
- Notwithstanding anything to the contrary herein, stated on air, or published online, no potential winner of any Contest will be entitled to receive any prize until the Station has verified such potential winner’s Contest eligibility and compliance with the Contest rules and until such potential winner has completed and submitted all documents required by Station. In order to receive any prize, a Winners may be required to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by the Station, including without limitation, one or more liability release agreements relieving the Station, its parent and affiliates and their respective officers, directors, members, managers, employees, agents, Contest sponsors and others from any and all liability with respect to the Entrant’s participation in the Contest and the receipt and/or use of the prize. Any person who refuses to present a valid government issued photo ID, to provide a valid social security number, and/or to provide or complete and sign any other documents required by the Station by the deadline required by Station will forfeit any and all prizes. Station reserves the right to examine identification and may reasonably choose to accept or deny awarding the prize based on the identification presented.
- In the event that any Entrant(s), Qualifier(s), winner(s) and/or grand prize winner(s), as applicable, is disqualified from a Contest for any reason permitted by the applicable Contest rules at any point in time (before or after a winner is determined): (i) Station and/or Sponsor(s) will in no way be obligated to notify any such individual(s) of such disqualification or forfeiture, (ii) Station will NOT be obligated to select an alternative Qualifier, winner, and/or grand prize winner, as applicable, and may instead elect to retain any associated prize(s) as its own property and/or dispose of any such prize(s) in any way it sees fit outside of, or within, the scope of the Contest.
13. Unless otherwise specified, the following terms and restrictions may apply generally to prizes awarded in Contests:
a. Any prize that consists of an opportunity to meet with, participate in an activity with, interview or have similar interaction with any celebrity (other than employees of Station) is contingent upon the celebrity appearing for such activity/event, which is beyond the Station’s control. Station is not responsible if a winner and/or his/her guests are unable to meet such celebrity or participate in the associated activity if the celebrity determines this is not allowable for any reason or fails to appear/participate for any reason, including without limitation any illness, act of god, scheduling conflict or any other reason, Station is not responsible for such portion of the prize, which has no monetary value, and no alternate prize will be awarded and the event/activity will not be rescheduled. In the event that Station elects, at its sole discretion, to attempt to reschedule any such event/activity or offer an alternative prize, Station will have no obligation whatsoever to offer any other alternate prize if such attempt to reschedule or other offer is not accepted by or utilized by winner for any reason whatsoever.
b. Any prize that is awarded in the form of a gift certificate or gift card, the use and/or redemption of such certificate or card may be subject to additional terms and restrictions, including without limitation expiration date, specific locations at which such certificate or card may be redeemed, may be based on availability and may include black-out periods, restrictions or excluded items (i.e., tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.
c. Any prize involving the award of cash will be fulfilled in the form of a company check payable to the verified winner only and made available six (6) to eight (8) weeks from the date upon which the winner completes and submits all documents required by Station.
d. Station and Sponsors are not responsible for replacing or reimbursing winners with any form of compensation for flights or events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of Station and its sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, as well as all delays or cancellations due to acts of nature, terrorism (including threats), illness or war. Additionally, Station is not responsible for any work stoppage, bankruptcy or other condition beyond Station’s control that may affect Station’s ability to provide any of the prizes. Station is not responsible for any expenses incurred by Contest winners as a result of such cancellations, delays or other circumstances beyond Station’s control.
e. In all instances in which winner has the right to select specific products, the choice or products offered may be limited by the Sponsor or certain specific products or manufacturers may be excluded, and Winner will receive additional information on such restrictions and limitations after they have been awarded the prize.
- Except by the Station, which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value, prize(s) may not be redeemed for cash, substituted, transferred or assigned, except as may be determined by Station at its sole and absolute discretion on a case-by-case basis. Winners are prohibited from selling any prize awarded or transferring any prize without Station’s authorization, which authorization must be in writing by a Station representative and will be granted or withheld in Station’s sole discretion on a case by case basis. In the event that Station discovers or suspects (correctly or incorrectly) that a winner is attempting to sell his/her prize from Station (i.e., eBay, Craigslist, StubHub, or otherwise), Station reserves the right, at its sole discretion, on a case by case basis to take any one or more of the following actions: (a) immediately disqualify the winner and deem any prize they were otherwise entitled to as forfeited; (b) refuse to award the prize to such winner, even if he/she represents that they will not resell or transfer the prize; and/or (c) prohibit the violating winner from participating and/or winning any future Contests, whether for a fixed period of time or in perpetuity, in Station’s sole discretion, and if such winner ever wins a future Contest during the period that he/she is banned, he/she will be disqualified from the Contest and forfeit any prize once it has come to Station’s attention. Further, Station reserves the right to track and/or cancel and invalidate any prize awarded that Station suspects was sold or transferred without authorization.
- Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the prize, as set forth in the Contest rules, and may be issued an IRS Form-1099 for all prizes won from Station in any calendar year where the aggregate value of all such prizes is $600 or more.
Other Rules that May Apply to Station Contests
16. Contests are subject to all applicable laws and regulations, and are void where prohibited. Odds of winning depend upon the how the Contest is conducted. For random drawings, the odds of winning will depend upon the number of entries received. For contests in which winners are qualified for a random drawing to determine the grand prize winner, odds will depend on the total number of Qualifiers. For contests of skill that do not involve any element of chance, odds of winning are not applicable. All tie breaking procedures will be published on the Station’s website and/or communicated by email to tied contest Entrants.
- Station may or may not respond to inquiries by Entrants or potential Entrants regarding the status of their entry and/or to questions about a Contest, regardless of the means by which such inquiry is made, and Station is not obligated to respond to, or to treat, all such inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact a Stations’ desire or ability to respond to such inquiries from time to time. Notwithstanding anything that may be communicated by any Station employee in connection with any such inquiry, the sole determining source for information related to a particular Contest will be the rules for such particular Contest, and any information communicated by Station employee(s) will neither be binding on the Station nor be deemed to be providing any type of improper assistance or advantage to any particular Entrant over another. Any attempt by Station to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.
- Participation in a Contest and/or acceptance of prize(s) constitutes consent by Entrant and/or winner’s (and by winner’s guest(s) if applicable) for the Station or its agents (i) to interview the Entrant and/or winner(s) (and winner’s guest(s), if applicable), (ii) to photograph, film, and record (audio and/or video) Entrant and/or winner(s) (and winner’s guest(s), if applicable), and (iii) to use in commerce and in any medium now or hereafter known throughout the world in perpetuity and without payment of any compensation or additional consideration: his/her name, hometown (city and state), biographic information, likeness, photograph, audio or video recording, Entry Materials, prize information (if any), and/or any statements made by him/her regarding the Station, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law.
- Participation in a Contest and/or acceptance of prize(s) constitutes agreement by Entrant and/or winner (and by winner’s guest(s) if applicable) release, forever discharge, indemnify, and hold harmless Station, its affiliates, parents, assigns, successors, employees, participating Sponsors, agents and all others connected with them and the promotion, Contest, and/or event (the “Released Parties”) from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, Contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, Contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, Contest, and/or event. In the event that the associated Contest is administered by Station (in whole or in part) via a Facebook page, Entrants understand and agree that the foregoing liability release and indemnification in this Section 19 will also include the release and indemnification of Facebook by Entrant in the same manner in which Station is released and indemnified.
- The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of a Contest or in the announcement of a prize; (ii) incorrect or inaccurate information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to Entrant(s) and/or winner(s) (and winner’s guest(s) if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Contest cannot be conducted and/or if a prize, either in whole or in part, cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
- If for any reason a Contest cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that may corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend, and/or modify the Contest without prior notice. If the Contest is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
- Winner List(s): For a list of winners for a particular Contest, mail a self-addressed stamped envelope to the Station’s studio address (see page one of these rules) identifying the name of the particular Contest for which you would like to receive a winner’s list. All requests for winner lists must be mailed and received by the Station after the Cont
d and received by the Station after the Contest is over but prior to three (3) months after the Contest has been concluded.