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WCBS 880 Spring Giveaway Promotion Official Rules

May 1, 2013 10:05 AM

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WCBS 880 Weekday Spring Giveaway Promotion
Official Rules

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. HOW TO ENTER

a. These rules govern the WCBS 880 WEEKDAY SPRING GIVEAWAY Promotion (the “Promotion”) being conducted by WCBS(AM) (the “Station”). The Promotion will run weekdays beginning Wednesday, May 1, 2013 at 7:00AM Eastern Time (“ET”) through Friday, May 31, 2013 at 8:00AM ET (the “Promotion Period”).

b. To participate in the Promotion, tune into the Station during the Promotion Period and listen each weekday at approximately 7:10AM ET and 7:40AM ET for the Weekday Giveaway Sounder to play. When the Weekday Giveaway Sounder plays, be the eighty-eighth (88th) caller to get through to the Station contest line at 877-987-WCBS (9227) to win an Apple® iPad® (mini) mobile device (16GB with WI-FI), pending verification of eligibility.

c. The WCBS promotion department will call back the 88th caller who will then be required to provide all information requested, including their first and last name, complete address including zip code, daytime and evening telephone numbers, and their date of birth to be eligible to win. In the event that the selected caller is disconnected or is found to be ineligible, no alternate winner will be selected. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a prize winner only once. There will be up to a total of forty six (46) prize winners selected on-air during the Promotion Period.

d. Due to delays in the online streaming of the Station’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 the Station on-air. The Station is not responsible for online streaming delays.

2. ELIGIBILITY RESTRICTIONS

a. The Promotion is open to all persons who are 18 years of age or older and who reside in the tri-state area of New York, New Jersey and Connecticut. Void where prohibited or restricted by law. Employees, officers, directors, and agents of the Station, the Station’s licensee (collectively, “Promotion Entities”), their respective parent, subsidiary, and affiliated entities, Station’s advertising and promotional agencies and participating sponsors, 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 the Station, which are final and binding in all respects.
b. Persons may not win a Station promotion if that listener has won a prize valued over $50 or ticket prize valued over $100 (per ticket) in a Station promotion within thirty (30) days and/or a prize valued at $600 or more once every six (6) months.

c. Each winner may be required to present valid government-issued photo identification and must provide their complete address, date of birth and phone number to claim a prize.

d. 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.

3. PRIZE
a. Up to forty six (46) prizes will be awarded during the Promotion Period. Each prize consists of one (1) Apple® iPad® (mini) mobile digital device (16GB with Wi-Fi). Maximum Approximate Retail Value for each prize is $355. Each 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 Prize. The prize is awarded as is.

b. No more than the stated number of prizes specified in these official rules will be awarded. All winners will be notified via telephone at the time of their winning call and be told when the prize will be available for pick-up from the Station’s studio, during regular business hours at the address below. Each prize winner will forfeit any prize or prize certificate not claimed within thirty (30) days of being notified. 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. The Station is not responsible for the safe arrival of a prize or prize certificate.

c. The Prize(s) is not transferable, and no substitution, assignment, or cash equivalent of prize 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. Entrants acknowledge that the Promotion Entities have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.

4. WINNER SELECTION AND NOTIFICATION

a. Decisions of the Station management with respect to the Promotion are final.

b. Up to forty six (46) prizes will be awarded by the Station as described in Section 1 of these Official Rules. Potential prize winners will be notified via telephone at the time of their winning call. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases.

c. Odds of winning a prize depend on the order and number of calls received.

d. Entrants must listen to the Station to win but need not be present to win.

e. Each winner must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize will be forfeited. If a potential winner 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.
5. CONDITIONS

a. Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner 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 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 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. Such winnings of $600 or more will be reported to the IRS.

b. Participation in the Promotion and/or acceptance of the prize (s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its agents 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 won, hometown (city and state), biographic information, likeness, photograph, 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, 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 constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion’s sponsor(s), the Station, its licensee, their respective parent, subsidiary and affiliated entities, their advertising and promotional agencies, prize suppliers, and participating sponsors, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize 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 Promotion, or delivery, possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy.

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 winners, 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; (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 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 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 that 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. The use of any device to automate entry is prohibited and will result in disqualification. Online entries generated by a script, macro or use of automated devices will be disqualified at the Station’s discretion. The 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 of the email address submitted at the time of entry. “Authorized Account Holder” means the natural person who 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. For phone or mobile entries, the authorized account holder is the natural person who 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 tampering with the entry process or the operation of the Station’s website. 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 reserves the right to disqualify that entrant from entering and/or winning this and future Station-administered Promotions and to prosecute and seek damages to the fullest extent permitted by law.

g. The Station reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize 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.

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) 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”). Further, by entering the Promotion, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.

i. Apple and iPad are registered trademarks of Apple Inc. This Promotion is in no way sponsored, endorsed or administered by, or associated with Apple, Inc. By submission of an entry, an entrant releases Apple, Inc. from any responsibility or liability for the Promotion’s administration, prizes or promotion.

j. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by May 31, 2013 to “WCBS 880 Weekday Spring GIVEAWAY – Official Rules,” Attn: Promotion, WCBS, 345 Hudson Street, 10th Floor, New York, NY 10014. For the names of the prize winners (when completed), send a self-addressed stamped envelope for receipt by August 31, 2013 to the above address marked “WCBS 880 Weekday Spring 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 the Station and may be posted online at cbsnewyork.com.

Station: WCBS NEWSRADIO 880, 345 Hudson Street, 10th Floor, New York, NY 10014.

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