WFAN/McDonald’s Super Bowl XLVIII Ticket Giveaway Official Promotion Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. Promotion Dates:
a. These rules govern the WFAN/McDonald’s Super Bowl XLVIII Ticket Promotion (the “Promotion”), which is being conducted by radio stations WFAN(AM) and WFAN-FM (“WFAN”). The Promotion begins on Friday October 11, 2013 and runs for ten (10) consecutive weeks ending on Friday, December 13, 2013 (“Promotion Dates”).
2. How to Enter:
a. To participate in the Promotion, you must be listening to WFAN on Fridays in the 9:00am, 12:00pm (noon), and 4:00pm hours (Eastern Time) during the Promotion Dates. Upon hearing the cue to call, the Forty-Eighth (48th) caller to get through to WFAN’s contest line at 866-540-9326 will win a Qualifying Prize, a WFAN/McDonald’s prize pack, upon confirmation of eligibility. Each Qualifying Prize winner will also qualify and be entered in a random drawing for a chance to win the Grand Prize. At the time of their call, the designated callers will be required to provide all information requested including entrant’s full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. P.O. Boxes are not permitted. In the event that the selected caller is disconnected or is found to be ineligible, the next eligible caller who successfully makes it through on the call-in line and completes the call will be a winner. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a winner only once.
b. A maximum of thirty (30) Qualifying Prize winners will be selected, and one (1) grand prize winner will be selected.
c. Due to delays in the online streaming of WFAN’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to WFAN on-air. WFAN is not responsible for online streaming delays.
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or older and who reside in New York, New Jersey, Pennsylvania and Connecticut. Void where prohibited or restricted by law. Employees, officers, directors and agents of McDonald’s Corporation (the “Sponsor”), WFAN(AM), WFAN-FM, CBS Radio Inc., the NFL Entities (as defined below), their respective parent, subsidiary, and affiliated entities, WFAN’s advertising and promotional agencies, participating sponsors, prize suppliers, their respective affiliates (collectively, the “Promotion Entities”) and other radio stations in the New York 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 WFAN, which are final and binding in all respects.
b. Listeners are eligible to win prize(s) valued over $50 or ticket prize(s) valued over $100 (per ticket) in a WFAN-conducted Promotion only once every sixty (60) 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 WFAN-conducted promotion.
c. The winner(s) may be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize(s).
d. Entrants are required to provide truthful information and WFAN will reject and delete any entry that it discovers to be false or fraudulent. WFAN will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. A maximum of thirty (30) Qualifying Prizes. Each Qualifying Prize shall consist of a WFAN/McDonald’s prize pack including one (1) $20 McDonald’s Gift Card and one (1) WFAN Radio T-shirt. T-shirt sizes are based on availability. Gift cards must be used before date of expiration listed on the card. The gift cards will be subject to the terms and conditions as set forth by the issuer of the gift cards. Gift cards are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will gift cards be replaced if lost or stolen. Approximate Retail Value (“ARV”) of each Weekly Prize: $20.
b. One (1) Grand Prize: Grand Prize shall consist of two (2) tickets to Super Bowl XLVIII at MetLife stadium on Sunday February 2, 2014. Grand Prize ARV: $2,000. Grand Prize does not include ground transportation. The winner(s) will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the prize(s). The prize(s) is awarded as is. Tickets valid only on the date(s) printed on the tickets. Tickets are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will tickets be replaced if lost or stolen. Tickets may not be sold to a third party. Grand Prize subject to availability. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner(s) will be to award the remaining available elements of the prize(s) and no substitution or compensation will be provided for the unawarded elements of the prize(s). WFAN, in its sole discretion, reserves the right to deny entry to or to remove the winner(s) and/or guest(s) if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person at the game.
c. Total ARV of all prizes: $2,600.
d. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of WFAN at the address below during regular business hours. Each winner will forfeit any prize or prize certificate not claimed within ten (10) 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. Promotion Entities are not responsible for the safe arrival of a prize or prize certificate.
e. Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by WFAN (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.
5. Winner Selection and Notification:
a. Decisions of WFAN management with respect to the Promotion are final.
b. Qualifying Prize winners will be selected as set forth above. Odds of winning a Qualifying Prize depends upon the number and order of calls received.
c. On or around December 16, 2013, one (1) potential Grand Prize winner will be selected by WFAN in a random drawing of all Qualifying Prize winners. Odds of a Qualifying Prize winner winning a Grand Prize shall be approximately 1:30. Grand Prize winner is not required to listen to WFAN to win. Grand Prize winner will be notified by telephone by a member of the WFAN Marketing Department.
d. Qualifying Prize winners must listen to WFAN to win. Qualifying Prize winners and the Grand Prize winner need not listen or be present to win.
e. Potential Qualifying Prize winners winner(s) will be notified by WFAN by telephone at the time of their calls. The potential Grand Prize winner will be notified by WFAN by telephone on or around December 16, 2013. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. The winner(s) must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize(s) will be forfeited. 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 WFAN (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 WFAN 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 WFAN, 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, WFAN reserves the right to cancel, terminate, suspend and/or modify the Promotion. If the Promotion is terminated before the original end date, WFAN 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 WFAN’s discretion. WFAN’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. WFAN, 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 WFAN makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, WFAN 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. WFAN 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, WFAN 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 (VT residents may omit return postage) for receipt by February 28, 2014 to “WFAN/McDonald’s Super Bowl XLVIII Ticket Giveaway – Official Rules, Attn: Promotions, WFAN-AM & FM, 345 Hudson Street 10th Floor, New York, NY 10014. For the names of the prize winner(s) send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by April 30, 2014 to “WFAN/McDonald’s Super Bowl XLVIII Ticket Giveaway – Winner List”. The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of WFAN and may be posted online at http://www.wfan.com.
Sponsor: McDonald’s Corporation, 2111 McDonald’s Dr., Oak Brook, IL 60523.
Administrator: WFAN-AM & FM, 345 Hudson Street, 10th Floor, New York, NY 10014.
The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Properties LLC, NFL Enterprises LLC, NFL Productions LLC and NFL International LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this promotion or any prize awarded. The NFL Entities have not offered or sponsored this promotion in any way.
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