104.3 WOMC Super Jackpot Machine
REVISED NOVEMBER 23, 2011
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. ELIGIBILITY: The WOMC “Super Jackpot Machine Promotion” (the “Promotion”) is offered and open only to legal residents of Michigan age 18 years or older at time of participation. Employees, agents, successors, assignees, officers and directors of CBS Radio Inc. of Michigan, d/b/a WOMC (“Sponsor”), any participating promotional companies and prize providers, their respective parents, affiliated and subsidiary companies, advertising and promotional agencies, web masters and web suppliers, and entities involved in the creation of Promotion materials, and members of the immediate family (spouse, children, siblings, parents) or persons living in the same household (whether or not related) of such employees, officers and directors are not eligible. Groups, clubs, organizations, commercial entities, and businesses cannot participate. By participating, you agree to these Official Rules and to all decisions of Sponsor, which are final and binding in all respects. Void where prohibited.
2. PROMOTION PERIOD: Promotion period begins on December 22, 2010 at approximately 6:00am Eastern Time (“ET”) and will continue through December 9, 2011or until the Grand Prize or all remaining offered prizes have been awarded, whichever is sooner (“Promotion Period”).
3. ENTRY: To enter, participants must attend any one Super Jackpot Machine Event (“Event”) as announced on 104.3 WOMC during the Promotion Period. The Sponsor reserves the right to conduct multiple Events throughout the Promotion Period. The times and dates for the Events may be posted or advertised online at www.womc.com. At each Event, entrants may be required to legibly complete an official entry form (while supplies last) including their first name, last name, complete address, city, state, ZIP Code, home telephone number, and date of birth and submit the entry form in the registration box. If applicable, all entries must be received by the deadline(s) established and announced for the particular Event. The Sponsor is not responsible for lost, stolen, mangled, misdirected, postage due, illegible, incomplete, or late entries. One entry per person per Event.
4. CONTESTANT SELECTION: The Sponsor will announce at each Event the procedure for the opportunity to pull on the amusement jackpot handle (“Spin”). The Sponsor reserves the right to conduct a random drawing of entrants at each Event or announce another method of selecting contestants to attempt a Spin. In the event of a random drawing of entrants at the Event, the odds of being selected for an opportunity to attempt a Spin on the Jackpot machine shall depend on the number of entries received at the Event. No more than one (1) Spin attempt per person is permitted at each Event. A maximum of ten thousand (10,000) Contestants will have the opportunity to attempt a Spin on the Jackpot machine during the Promotion Period. Contestants must be present to attempt to pull on the amusement jackpot machine handle during the Event.
5. WINNING: Each Contestant will be allowed one (1) attempt (Spin). An attempt constitutes pulling the Jackpot handle one time OR pressing the Spin button one time (a pull on the amusement jackpot machine handle which causes the reels to begin spinning constitutes an attempt). In order to win a prize corresponding to the 104.3 WOMC Super Jackpot Prize Grid, the exact match of all the required winning logos must appear in the center row of the window of the jackpot machine once all reels have stopped spinning and the appropriate prize-winning coupon and corresponding summary report must be generated by the machine. A maximum of one (1) Grand Prize will be awarded during the Promotion Period. If a valid pull on the amusement jackpot machine handle results in the wheels ending in “CAR-CAR-CAR” the Grand Prize will be awarded, pending verification of eligibility, compliance with these rules, and independent verification of the amusement jackpot machine memory. In the event of a Grand Prize award, the Promotion will be immediately suspended pending independent verification of the amusement jackpot machine memory.
6. PRIZE/ODDS/LIMITS ON PRIZES AVAILABLE: One (1) Grand Prize: A car of the winner’s choice valued up to $50,000, including options, additional equipment, and applicable title, license and registration fees and taxes. A cash buy-out of $25,000 will be offered in lieu of the car. Should the Grand Prize winner pass on the car and opt for a Cash Buyout, a company check in the amount of $25,000 would be issued in approximately 6-8 weeks. Grand Prize vehicle options shall be subject to availability. Limit one (1) Grand Prize available. Odds 1:500,000. Additional levels of prizes will be made available by the Sponsor and will be announced on-air and/or online during the Promotion Period solely at the discretion of the Sponsor. The list of the additional levels of prizes, the 104.3 WOMC Super Jackpot Prize Grid (“Prize Grid”), and their respective approximate retail values will be posted at each Event. The Prize Grid is hereby incorporated by reference. The additional levels of prizes offered in this Promotion may be amended or replenished solely at the discretion of the Sponsor. The odds of a Contestant winning the Grand Prize are 1:500,000. The odds of a Contestant winning the remaining available prizes shall be noted on the Prize Grid. Prizes are not transferable and may not be given, bartered, sold, or exchanged for another prize. If no Contestant succeeds in spinning the required winning logos for the Grand Prize, no Grand Prize will be awarded. All taxes on any prize awarded are the sole responsibility of the winner. There is no substitution, transfer or cash equivalent for prizes, except that the Sponsor may, at its sole discretion, substitute prizes or cash of comparable value. The prizes are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Other restrictions may apply.
7. GENERAL CONDITIONS: Potential winner, if any, will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within one (1) day of the date of the win. Further, the winner must provide valid government-issued photo identification to claim a prize. In the event winner fails to timely return documents, or prize is returned as non-deliverable, or if potential winner is found not to be eligible or not in compliance with these Official Rules, disqualification may result. No alternate winner will be selected. By accepting a prize, where permitted by law, potential winner grants to Sponsor and Sponsor’s designee, (which grant will be confirmed in writing upon request of Sponsor), its parents, subsidiaries and related companies, and those acting pursuant to the direction of Sponsor, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner’s full name, photo, picture, portrait, or other likeness, voice and indicia of persona, and biographical information as news or information, and for advertising, trade, and promotional purposes without additional compensation or consideration, and without notification, review or approval.
Grand Prize winner will be solely responsible for any applicable vehicle title, license and registration fees, freight, delivery, dealer prep, emissions inspection, additional equipment, all federal, state and local taxes, insurance, gasoline, vehicle maintenance, all other fees and expenses not specified herein associated with the receipt and use of the Grand Prize vehicle. Any additional options (including the interior and exterior color) not specified herein are subject to availability and will be the responsibility of the Grand Prize winner. Grand Prize winner must provide proof of insurance and a valid driver’s license to take delivery and must take delivery at a dealership designated by the Sponsor within forty-five (45) days of winning and subject to availability. Prize is not transferable. Prize may not be substituted or redeemed for cash, except that the Sponsor may, at its sole discretion, substitute prize of comparable value or cash solely at its discretion. The Grand Prize vehicle is provided as is. Neither the Sponsor nor any promotion sponsor has made or is responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prize vehicle, including without limitation, its quality, mechanical condition, merchantability, or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply to the vehicle.
Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the Sponsor (or any other station owned by the corporate entity that owns the Sponsor) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
Each participant, as a condition of participating, releases and agrees to indemnify and hold harmless Sponsor, the prize provider, their respective parents, affiliates, subsidiaries, related companies, advertising and promotion agencies and all of their respective directors, officers, employees, representatives, agents, successors and assigns from any and all liability for any injuries, loss or damage of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or participation in any Promotion related activity, or participation in this Promotion. The winner shall bear all risk of loss or damage to his/her prize after it has been delivered.
Sponsor reserves the right, at its sole discretion, to disqualify any individual from the Promotion that it finds, in its sole discretion, to be tampering with the entry process, or the operation of the Promotion, to be acting, or be, in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or interfere in any manner with any aspect or portion of this Promotion. Any use of robotic, automatic, macro, programmed, copied, or like entry methods, will void all such entries by any such methods, and will disqualify any participant using such methods.
8. LIMITATIONS OF LIABILITY:
a) Any attempted participation or pull on the amusement jackpot machine handle by means other than those permitted by these Rules, is void. Sponsor and any participating promotion agencies or prize providers will not be responsible for lost, late, incomplete, stolen, misdirected, illegible or postage-due entries; or any technical or mechanical error or failure, or unauthorized human intervention, or for the inaccurate capture of entry or other information, or the failure to capture any such information. Sponsor is not responsible for contacting any participant if that participant has changed contact information and failed to provide Sponsor with the proper contact information when such information is required.
b) Neither Sponsor nor any participating promotion agencies or prize providers are responsible for any typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize, for incorrect or inaccurate information or for any faulty or failed electronic data transmissions, lost, late, damaged, misdirected entries, incomplete or inaccurate capture of entry information (regardless of cause). If, for any reason, the Promotion is not capable of running as planned for any reason which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right to terminate, modify or suspend this Promotion, in whole or in part, and if possible, to select the Contestants from entries received prior to the action taken or as otherwise may be deemed fair and appropriate by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion.
IN NO EVENT WILL SPONSOR, ANY PARTICIPATING PROMOTIONAL COMPANIES OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
9. MISCELLANEOUS: This Promotion is subject only to the laws of Michigan in the United States. Prizes will be awarded and/or delivered only to addresses within the United States. Unclaimed prizes will not be awarded. Additionally, Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law. Failure to comply with these Official Rules may result in disqualification. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. ARBITRATION/CHOICE OF LAW: Except where prohibited, participants in the Promotion agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. The venue for the resolution of any dispute hereunder will be the county and state where are located the principal offices of the party against which such action is brought. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without regard to conflicts of law doctrine.
11. OFFICIAL RULES AND WINNERS LIST: For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by 12/31/2011 to “Super Jackpot Machine Promotion – Official Rules,” Attn: Promotions, WOMC, 2201 Woodward Heights Blvd., Ferndale, MI, 48220. For the names of the prize winners for prizes valued over $100, send a self-addressed stamped envelope for receipt by 12/31/2011 to the above address marked “Super Jackpot Machine Promotion – Winner List.” The Official Rules may be posted online at www.womc.com.
Sponsor: CBS Radio Inc. of Michigan, d/b/a WOMC, 2201 Woodward Heights Blvd., Ferndale, MI, 48220.