104.3 WOMC PHOTO PIT STOP CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
1. HOW TO ENTER
a. These rules govern the 104.3 WOMC Photo Pit Stop promotion (the “Promotion”) which is being conducted by 104.3 WOMC (the “Station”). The Promotion begins on Saturday, August 20, 2016, and ends on Monday, August 29, 2016 (the “Promotion Dates”).
b. To participate in the Promotion, entrants must drive their classic car to the Photo Pit Stop area located on the Normandy Plaza parking lot at 31805 Woodward Avenue, Royal Oak, between 11:00AM Eastern Time (“ET”) and 4:00PM ET on Saturday, August 20, 2019 and have a photograph of their car in front of the Photo Pit Stop backdrop taken by a member of the 104.3 WOMC Event staff. Entrants must complete and sign an entry (available while supplies last) and photo release form prior to having their photo taken. Entries must include the entrant’s first and last name, complete address, including zip code, home telephone number, and date of birth to be valid. Entries submitted may not be acknowledged or returned. Failure to provide all required information may result in disqualification.
c. Only one (1) photograph will be taken per person per entered vehicle. All photographs become the sole property of WOMC and will not be acknowledged or returned. There will be up to one (1) Grand Prize winner selected in the Promotion.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or older and who reside in the Metro Detroit area and own a classic car as of Friday, August 19, 2016. Void where prohibited or restricted by law. Employees, officers, directors and agents of AC Delco, Meijer, the Station, CBS Radio Inc., their corporate affiliates, Station’s advertising and promotional agencies, participating sponsors, prize suppliers, their respective affiliates (collectively, the “Promotion Entities”) and other radio stations in the Detroit metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
b. Listeners are eligible to win prize(s) in a Station-conducted Promotion only once every thirty (30) days and prize(s) valued at $600 or more only once every six (6) months. Only one (1) winner per household is permitted in any Station-conducted promotion, and only one (1) winner per household is permitted to win a prize in any Station-conducted Promotion every thirty (30) days.
c. The person driving the car and entering it into the Promotion must be the owner of the vehicle and must be a licensed driver. The winner must provide valid government-issued photo identification and provide their complete address, date of birth and phone number to claim a prize.
d. Prize winner must provide a government issued photo-ID upon request for verification purposes and sign and return any required affidavit or eligibility and/or publicity/liability release for the opportunity to compete to receive a prize. Winner must also show proof of registration of the winning vehicle prior to being named the Grand Prize winner.
e. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. One (1) Grand Prize will be awarded in this Promotion. The Grand Prize consists of one thousand dollars ($1,000) awarded in the form of a CBS corporate check made payable to the Grand Prize winner. The Approximate Retail Value (“ARV”) of the Grand Prize is $1,000.
b. The Grand Prize winner will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Grand Prize. The Grand Prize is awarded as is. Check will not be awarded until all necessary tax forms are completed, signed all required releases, and presented all required documentation. Check will be mailed to the winner’s address provided on the W-9 form filled out by the winner. In the event that the W-9 address is invalid, the secondary source of mailing address will be used (the address listed on the winner’s valid photo ID). The check will be issued in approximately 6- 8 weeks following completion and receipt of all requisite prize claim paperwork.
c. No more than the stated number of prizes specified in these official rules will be awarded. The Grand Prize check may be claimed at the office of the Station at the address below during regular business hours. The Grand Prize winner will forfeit any prize or prize certificate not claimed within seven (7) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss.
d. Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. On Monday, August 22, 2016 at approximately 12:00PM ET (Noon), ten (10) photographs of entrants’ classic cars will be selected by Station designees based on the overall appeal of the vehicles appearance, uniqueness, special features and memorability as solely determined by the judges. Each entrant whose classic car is selected shall be deemed a finalist (“Finalist”). There is no prize associated with being a Finalist.
c. One (1) potential Grand Prize winner will be selected from the ten (10) Finalists as follows: (i) Finalist photographs will be posted at http://www.womc.com and will be made available for public voting beginning on Monday, August 22, 2016 at approximately 12:00PM ET (Noon) and ending on Monday, August 29, 2016 at 12:00PM ET (Noon) (“Voting Period”) (public votes will be weighted 40%); and (ii) the judgment of the Station designees, based on the judging criteria mentioned above (Station’s judges’ decisions shall be weighted 60%). Listeners may vote once per day during the Voting Period.
d. Entrants must be present to have their classic cars photographed, but Grand Prize winner does not have to listen to WOMC or be present to win.
e. The ten (10) Finalists will be notified by telephone on Sunday, August 21, 2016 no later than 5:00pm ET. The potential Grand Prize winner will be notified by telephone on or around Monday, August 29, 2016 after 3:00PM ET. Grand Prize will be awarded only upon confirmation of eligibility and completion of all requisite releases. Check prizes will be issued within six to eight weeks following confirmation of eligibility and completion of all requisite releases and IRS forms. The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release within seven (7) days of winning or prize(s) will be forfeited and an alternate winner will be selected (time permitting) by the selecting the Finalist who came in second place using the selection method described above. If a winner has not reached the age of majority in his/her state of residence, the prize(s) will be awarded in the name of his/her parent or legal guardian. If a potential winner(s) cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize(s).
a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) may 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(s) and 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(s) valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) 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(s). Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording 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, in perpetuity, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
d. If for any reason this Promotion 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 corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion 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 Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winner(s), unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize(s); (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and 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 Promotion prize 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.
f. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes to the rules of the Promotion, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s).
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by August 29, 2016 to “WOMC Photo Pit Stop – Official Rules,” Attn: Promotions, WOMC, 26455 American Drive, Southfield, MI 48034. For the names of the prize winner(s) send a self-addressed stamped envelope for receipt by October 29, 2016 to the above address marked “WOMC Photo Pit Stop – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at http://www.womc.com.
Station: WOMC, 26455 American Drive, Southfield, MI 48034.
Co-sponsors: AC Delco – Chevrolet Motor Division, General Motors LLC, 100 Renaissance Center, Detroit, MI 48265 and Meijer – Meijer Great Lakes Limited Partnership, 2929 Walker Avenue NW, Grand Rapids, MI 49544-9428.