DETAILED CONTEST RULES FOR CUMULUS RADIO STATIONS
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- Elinor Stokes
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1 ATTACHMENT A 1. How to Enter the Contest: DETAILED CONTEST RULES FOR CUMULUS RADIO STATIONS a. The Nexen Tire Free Tire Friday contest will begin on [Monday February 29 th, 2016] and end on [Friday April 15 th at 11:59pm]. b. To participate in the contest, [WWLS Listeners will hear Nexen Tire promotional/commercial announcements to Text the WWLS Sports Line Number and type the keyword Nexen ]. [Cumulus Media OKC and WWLS The SportsAnimal are not responsible for entries not received due to difficulty accessing the internet, service outages or delays, computer difficulties or other technological glitches.] c. [Contestants may enter the contest once per day.] 2. Eligibility Restrictions: a. The contest is open to all [WWLS] listeners who are [requisite age 18 years of age or older and who reside in [the State of Oklahoma] Employees of [WWLS], its licensee, Cumulus Media, their affiliated entities, affiliated advertising agencies, participating sponsors/promotional partners, other radio stations in the market area and the members of their immediate families are ineligible to participate or win. b. Listeners are eligible to win a [WWLS] contest only once every thirty days. Only one winner per household is permitted in any contest. c. Contestant must hold valid driver s license]. d. For Internet contests, add: To enter on-line you must enter your first name and last name, complete address, city, state, zip code, home telephone number and a valid e- mail address in the on-line entry form. One Internet entry per person and one Internet entry per address. Internet entries will be deemed made by the authorized account holder of the address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the address by an internet access provider, on-line service provider, or other organization that is responsible by assigning addresses or the domain associated with the submitted address.
2 3. Prizes: EXHIBIT 7.2 a. [A Set of Four Tires from Nexen Tires valued at $600]. b. Winners may pick up Nexen Tire Voucher certificate at the office of [WWLS ]. Any prize or prize certificate not claimed within forty five days of winning will be forfeited by the winner. In the event that a prize or prize certificate is mailed to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its arrival. [WWLS] is not responsible for the safe arrival of a prize or prize certificate. [If prize must be picked up at location other than station, describe arrangements.] c. Contest prizes are not transferable. Prizes may not be substituted for or redeemed for cash. 4. Selection of Winners: a. Decisions of station management with respect to the contest are final. b. [Weekly winner will be awarded on Monday from Previous Week s contestants.] c. [By computer random selection] d. [Tie-breaking procedures is not applicable] e. [This IS NOT A CONTEST OF SKILL] f. [Winner need not listen OR be present to win; Weekly winner will be contacted by WWLS station personnel]. If the winner(s) cannot be contacted within 5 Business Days after the prize is awarded, an alternate winner [will] be selected. 5. Conditions: a. Payment of all federal, state and local taxes are the sole responsibility of the winner. Winners may be required to sign an IRS Form W-9 or the equivalent. b. By participating in the contest, the winner or winners (and their guest or traveling companion, if any) agree to have their name, voice, or likeness used in any advertising or broadcasting material relating to this contest without additional financial or other compensation, and to sign a publicity release prior to acceptance of the prize.
3 c. Contest winners (and their guests or travel companions, if any) will be required to sign a liability release prior to acceptance of any prize valued at $ or greater or which prize includes the provision of transportation, whether or not such transportation is provided by [WWLS]. Pursuant to the liability release, the winners will agree to hold [WWLS], its licensee, Cumulus Media, their affiliated companies and the officers, shareholders, directors, employees, agents and representatives of each of them harmless against any and all claims or liability arising directly or indirectly from the prize or participation in the contest. d. For Internet contests add: [WWLS], in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the [WWLS] Web Site or who is otherwise in violation of the rules. The station further reserves the right to cancel, terminate or modify the contest if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. 6. [WWLS] reserves the right to make changes in the rules of the contest, including the substitution of a prize or prizes of equivalent or greater value, which will become effective upon announcement. 7. No purchase is necessary. The contest is void where prohibited. 8. Failure to comply with the contest rules may result in a contestant's disqualification, at the sole discretion of [WWLS]. 9. [WWLS] is not responsible for typographical or other errors in the printing, the offering or the administration of the contest or in the announcement of a prize. 10. Copies of the written contest rules and a list of all winners are available during regular business hours at the main studio of [WWLS at Cumulus Media OKC 4045 N.W. 64 th Suite 600 OKC, OK 73116] or by sending a self-addressed stamped envelope to [WWLS].
4 ATTACHMENT B CONTEST CHECKLIST 1. Station personnel who will supervise the contest are advised of station procedures regarding contests generally and of their specific responsibilities in this particular contest. 2. The contest terms, format and written rules are reviewed with counsel for adequacy, and to ensure that the contest is not a prohibited lottery. 3. Releases and Indemnification Agreements (if applicable) to be prepared by Station (using prescribed format) and reviewed by counsel. 4. All reasonable steps are taken both before and throughout the contest to ensure the availability of prizes. The provision of any prize by a third party vendor or sponsor must be set forth in writing (i.e. if you are getting the prize from someone else for trade, you must have something in writing that states that they agree to give you the prize in exchange for xxxxx). If the announced prize becomes unavailable during the course of the contest, all reasonable efforts will be made to secure an equivalent prize, and the change will be announced to the audience as soon as possible, and conspicuously. Counsel to be consulted. 5. Material contest terms must be disclosed in written rules: How to enter or participate Eligibility restrictions Entry deadline dates How, when and where prizes can be won The extent, nature and value of prizes The basis for valuation of prizes Times and methods for selecting winners Tie-breaking procedures Number of entries permitted 6. Material contest terms are broadcast at least once a day, rotated throughout all dayparts. 7. If changes in material contest terms become necessary after a contest has begun, those changes are disclosed promptly and conspicuously to reduce the possibility of unfairly disadvantaging contestants.
5 8. On-air copy describing the terms and conduct of the contest are reviewed by counsel, and on-air personnel are instructed to avoid making any false or misleading statement about material contest terms such as: a. telling contestants they can win a prize if is not possible to do so; b. urging the audience to search for hidden prizes before they are hidden; c. inflating the value or numbers of available prizes; d. giving the audience false or misleading clues which are not likely to assist in winning; or e. misrepresenting the odds or likelihood of winning. 9. All reasonable efforts are made to ensure that there are no pre-arranged or covertly assisted winners, no arbitrary judging standards, and no other "rigging." 10. Prizes are awarded promptly and the names, addresses and receipts of winning contestants obtained, together with releases and any information necessary for tax purposes. 11. Written contest records, such as a list of winners, copies of any complaints, internal staff memoranda, the text of on-air promotional announcements, the text and scheduling of announcements describing material contest term, newspaper ads, contest rules and eligibility requirements are maintained for a reasonable period of time -- e.g., one year (unless complaint is received in the interim, in which case all material is to be retained until complaint is resolved and final).
6 ATTACHMENT C [Station Letterhead] CONTEST PARTICIPANT RELEASE I,, hereby agree to participate in [Nexen Free Tire Friday] (the "Contest") sponsored by [Nexen Tire and WWLS The SportsAnimal], [OKC, OK] (the "Station"). I affirm that I have read the Official Rules of the Contest and that I have complied with all rules of the Contest. I hereby acknowledge as follows: 1. I am [21] years of age or older and a legal resident of the greater [Service Area of WWLS] area. 2. Neither, I nor any member of my immediate family, is an employee of [WWLS], its licensee, Cumulus Media, or any of their affiliated entities, their affiliated advertising agencies, participating sponsors/promotional partners, or other radio stations in the [service area of WWLS] area. 3. I have not won a [WWLS] contest within the past thirty (30) days. 4. I agree to comply with the Official Rules of the Contest and any rules or guidelines established by [WWLS] or its representatives regarding entry, participation or the prize of this Contest. I recognize that if I fail to comply with the rules or guidelines established by [WWLS], representatives of [WWLS], in their sole discretion, may disqualify me from participating in the Contest and I will waive any chance I may have had of winning the Contest Prize. 5. I AGREE THAT I WILL NOT MAKE ANY CLAIM AGAINST [WWLS], ITS LICENSEE, CUMULUS MEDIA, OR ANY OF THEIR AFFILIATED CORPORATIONS, THEIR AFFILIATED ADVERTISING AGENCIES, PARTICIPATING SPONSORS/PROMOTIONAL PARTNERS, OR THE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OR ANY OF THESE COMPANIES (COLLECTIVELY, THE RELEASED PARTIES ). I HEREBY RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY LOSSES, CLAIMS, DAMAGES, DEMANDS, CAUSES OF ACTION, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS AND MEDICAL FEES, NO MATTER HOW CAUSED, ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO MY PARTICIPATION IN THE CONTEST, MY ACCEPTANCE OF ANY PRIZE, OR ANY BREACH OR ALLEGED BREACH BY ME OF ANY AFFIRMATION, UNDERTAKING, OR OBLIGATION OF MINE IN THIS AFFIDAVIT AND RELEASE.
7 6. By participating in the contest, I agree to have my name, voice, and likeness used in any advertising or broadcasting material relating to this Contest or the Released Parties without additional financial or other compensation. I also agree to provide [WWLS] with an interview, which may be used and broadcast in connection with the Contest or otherwise in connection with the Released Parties. I give the Released Parties permission to photograph and tape me, to record my voice and conversations in connection with the Contest, and use (such photographs, tapes and recordings, collectively the Recordings ), including without limitation the right to broadcast such Recordings on radio, television, cable television, satellite, Internet or any other media at the sole discretion of the Released Parties. I acknowledge that [WWLS] is and shall be the sole and exclusive owner of the Recordings and shall have the right to exploit the Recordings, and portions thereof, in any manner and any media whatsoever and that [WWLS] may allow its promotional partners to similarly exploit the Recordings. I consent to the use, reproduction, exhibit or display of the Recordings, and to the use of my name, photograph, voice, likeness, and biographical information for advertising and publicity purposes relating to the Contest or future similar contests, or for any other lawful purpose, in any media now known or hereinafter invented, without further notice, permission, or compensation. I understand and accept that my participation in this Contest may subject me to risk of notoriety, publicity, ridicule, scorn and/or indignity. I understand that this Affidavit and Release is intended to be as broad and inclusive as permitted by law, and I agree that if any portion of this Affidavit and Release is deemed invalid, the remainder will continue in full force and effect. I further understand that this Affidavit and Release is to be interpreted under the laws of the State of [Oklahoma], and I submit to the jurisdiction of the courts within the State of [Oklahoma] and waive all objections to the jurisdiction or venue of such courts. Signature Address Telephone Number Date If you are under the age of 18, your parent or legal guardian must sign below.
8 Signature of Parent or Legal Guardian
9 [Station Letterhead] CONTEST WINNER RELEASE I, [Nexen Free Tire Friday], hereby acknowledge receipt of [Set of Four Nexen Tires] (the "Prize") and hereby accept same as my prize as a winner in the [Nexen Free Tire Friday] (the "Contest") sponsored by [Nexen Tire on WWLS], [OKC, OK] (the "Station"). In consideration of the Prize, which I acknowledge is good, valuable and sufficient consideration, I hereby agree as follows: 1. To be solely responsible for any and all taxes which may be payable due to my receipt of the Prize, and to authorize the Station to withhold any amounts required to be withheld pursuant to Federal, state or local law. 2. To release the Station, its licensee, Cumulus Media, their affiliated entities and their respective officers, directors, shareholders, employees and agents from any and all claims, demands, causes of action, losses, expenses, costs and liabilities of any nature whatsoever which I may hereafter have against any of them arising out of or in connection with the Contest or the Prize. [Alternative Paragraph 2 for use with Non-cash prize(s): 2. I acknowledge that the Station, its licensee, Cumulus Media, their affiliated entities and their respective officers, directors, shareholders, agents and employees are not acting as the manufacturer or distributor of the Prize. The Station, acting as a consumer, acquired the Prize for the purpose of awarding the Prize to a winner in the Contest. With respect to any claims I may have as a result of the possession or use of the Prize, I agree that I shall look solely to the Prize's manufacturer or others in the chain of production and distribution of the Prize excluding the Station. I acknowledge that the Station has not made any representations or warranties with respect to the Prize. Therefore, I hereby release the Station, its licensee, its parent corporation, their affiliated entities and their respective officers, directors, shareholders, employees and agents from any and all claims, demands, causes of action, losses, expenses, costs and liability of any nature whatsoever which I may hereafter have against any of them arising out of or in connection with the Contest or the Prize. Nothing herein contained shall in any way limit my recourse against the manufacturer in the event I have any claims as a result of possession or use of the Prize.]
10 3. To grant to the Station and its licensee, without additional financial or other compensation, the right to use my name, likeness, portrait, recorded voice and biographical material, in order to advertise, promote or publicize the Station, its licensee, the Contest, or any advertisers or co-sponsors associated with the Contest and their products and services. Signature Address Telephone Number Social Security Number Date If you are under the age of 18, your parent or legal guardian must sign below. Signature of Parent or Legal Guardian Name
11 [Station letterhead] TRAVEL RELEASE I, [Name of Traveler or Traveling Companion], hereby acknowledge that I will be traveling on the [Name of Station trip, if applicable - otherwise delete] traveling to and returning to ( Prize Trip ) as a winner (or as winner s traveling companion) in the _( Contest ) sponsored by [name of Station, city, state]. I am 18 years of age or older, and I acknowledge that I have read and understand the terms of this release. In consideration of the right to travel on the Prize Trip, which I acknowledge is good, valuable and sufficient consideration, I hereby agree as follows: 1. I acknowledge that Station [call letters], its licensee, Cumulus Media and the officers, directors, shareholders, agents and employees of each of them (collectively, the Station ) are not acting as a travel agent or in any capacity other than purchaser of the Prize Trip and that the Station has not and does not assume any liability for any injury, damage or loss of any nature whatsoever which may occur as a result of any reason during the Prize Trip. The Station, acting as a consumer, acquired the Prize Trip for the purpose of awarding the Prize Trip to a winner in the Contest. With respect to any claims I may have as a result of my participation in the Prize Trip, I agree that I shall look solely to the Prize Trip s carrier, hotel or travel agent and not to the Station for recovery of any loss or for any other compensation. 2. I acknowledge that the Station has not made any representations or warranties with respect to the Prize Trip. Therefore, I hereby release the Station from any and all claims, demands, causes of action, losses, expenses, costs and liability of any nature whatsoever which I may hereafter have against any of them arising out of or in connection with the Prize Trip, whether or not caused by the negligence of the Station. 3. I acknowledge that Station employees will not assist with the acquisition, handling or distribution of alcoholic beverages in connection with the Prize Trip and hereby release Station from any claims based on injury or property damage that result from the consumption of alcoholic beverages by a participant at the event.
12 4. I grant to the Station the right to use my name, likeness, portrait, recorded voice and biographical material, in order to advertise, promote or publicize the Station, the Contest, or any advertisers or co-sponsors associated with the Contest and their products and services. Signature Address_ Telephone Number Social Security Number Date If you are under the age of 18, your parent or legal guardian must sign below. Signature Address Telephone Number Social Security Number Date
b. Only one winner per household is permitted.individuals may only win a Stationconducted contest/sweepstakes once every sixty (60) days.
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