General Contest Rules for WAXY (the “Rules”)
(As of October 17, 2013)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
Unless otherwise specified, these rules cover routine contests, sweepstakes, and promotions (collectively, “Contests”) conducted by WAXY (the “Station”). These Rules supersede all other published editions of the Station’s Generic Contest Rules. Unless otherwise specified, each Contest shall be deemed sponsored by the Station, notwithstanding the participation of any entities providing prizes or promotional consideration. Specific official contest rules for particular contests govern those particular contests and supersede these Rules. To the extent that specific official contest rules for a particular contest are inconsistent with these Rules, the provisions of the specific official contest rules govern. All federal, state, and local regulations apply. By entering, you agree to comply with applicable laws and these Rules, and you agree to abide by all decisions of the Station or its designee(s), which are final and binding.
Entrants must follow instructions set forth in the official rules for the Contests or as announced on-air and must fulfill all of the eligibility requirements of the Contests. Unless otherwise noted, Contest open only to legal U.S. residents who are 18 years or older at time of entry. Further, entrants must be living in Miami-Dade, Broward, Palm Beach or Monroe Counties at the time of entry to participate and enter. Prizes are non-transferable by winners. Employees of the Station, the Station’s licensee, Lincoln Financial Media Company, Lincoln National Corporation, prize providers or co-sponsors, their parent, subsidiary, and affiliated companies, and their advertising or promotional agencies (collectively, the "Contest Entities"), and the immediate families or members of the same households of such individuals are not eligible. “Immediate family” members include spouses, children, step-children, parents, step-parents, siblings, and step-siblings. Proof of age, identity, and eligibility must be furnished to the Station upon request. All entry form information must be complete and accurate. Station will not award a prize to anyone not meeting eligibility requirements at the time of entry. Station reserves the right to disqualify any entrant if these Rules are not followed. Only one winner per household is permitted in any Station-conducted Contest. No groups, clubs, or organizations may participate in this Contest. Due to delays in the Station’s online streaming of its broadcast signal, listeners to the online stream may not be able to participate in or be disadvantaged in participating in certain on-air Contests.
2. Contest Period and Entries.
Contests will take place during the times and dates specified by the Station (“Contest Period”). The Station may change dates, times and/or terms of the Contest without prior notice and will announce any material changes on-air and, if applicable, online on the Station’s website at TheTicketMiami.com.
Entries may not be acknowledged or returned. Unless otherwise specified, limit one entry per person. For call in Contests, there is no limit to the number of times a person may attempt to call in to win, but an entrant may be a prize winner only once per Contest. Incomplete entries are void. Station is not responsible for entries that are lost, late, misdirected, incomplete, incomprehensible, illegible, damaged, undeliverable or delayed. Photocopied and mechanically generated entries are void. Entries generated by any automated means are void. Electronic and e-mail entries will be deemed to have been submitted by the authorized account holder of the e-mail address at the time of the entry. The authorized account holder is the person to whom the applicable internet service provider or other organization (such as a business or educational institution) has assigned the e-mail address. Entries must be received by the set deadline for the Contest in order to be eligible.
3. Selection of Winners, Prizes and Odds of Winning.
Winners for each Contest will be selected in the manner announced on-air and/or posted on TheTicketMiami.com. Contest prizes and their values will be indicated when the Station announces the Contest. If prizes are to be awarded by random drawing and unless otherwise specified, odds of winning shall depend on the number of entries received. If prizes are to be awarded based upon the order of calls received, odds of winning shall depend on the number and order of calls received. Prizes are non-transferable by winners. Contest prize winners may not substitute or transfer prizes but Station reserves the right to substitute prize with a prize of equal or greater value. Each prize is expressly limited to the item(s) announced by the Station and does not include taxes, gratuities or any other expenses. All charges, fees, costs and expenses not specifically included in the applicable prize descriptions are the responsibility of the respective Prize Winner and his or her guest, if applicable. Other restrictions may apply.
4. Notification and Claim.
Potential winner(s) will be selected and notified of their prize in the manner announced by the Station. Station is not responsible for incomplete, incomprehensible, illegible, or out-of-service contact information. Contest winner(s) must execute and return any required prize winner release or prize acceptance form within seven (7) days of winning or being notified of winning (or sooner for time sensitive prizes) or prize will be forfeited and an alternate winner may be selected. If a potential winner cannot be contacted, fails to sign and return the required 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. Unless otherwise announced, Contest prizes must be claimed within one (1) month of winning. Unless otherwise announced, all prizes or prize certificates must be picked up at the offices of the Station at 20450 N.W. 2nd Ave. Miami Gardens, Florida 33169. Prizes may be claimed during regular business hours (between 9:00am and 5:00pm, Monday through Friday). Contest winner(s) will be required to present valid government-issued photo identification satisfactory to the Station and provide their complete address, date of birth and phone number to claim a prize. Unless otherwise permitted by the Station, winner(s) must claim his or her prize in person, and a prize cannot be claimed by third parties on behalf of the winner. If a Contest is open to entrants under the age of 18 and a winner is under the age of 18, a parent or legal guardian must accompany the minor child in all Contest-related activities, and a parent or legal guardian must claim the prize and sign any requisite releases on behalf of the minor child. Failure to comply with these requirements will result in the forfeiture of the prize.
Station will offer the winner the opportunity to claim the prize or prize certificate at the Station business office at 20450 N.W. Second Avenue, Miami, Florida, during regular weekday business hours (Monday through Friday, between 9:00 a.m. and 5:00 p.m.). Alternately, if the size and weight of the prize is less than two ounces, if the value is less than $100, and with the winner’s consent to release Station from liability for the postal service’s timely delivery thereof, Station will mail the prize or prize certificate to the winner’s preferred daytime address via first-class mail within two weeks of winning. Contest winner(s) will be required to present valid government-issued photo identification satisfactory to the Station and provide their complete address, date of birth and phone number to claim a prize.
5. Terms and Conditions; Limitation of Liability.
Participants are responsible for complying with all applicable federal, state, and local laws and regulations and with these Rules, and by entering, participants agree to be bound to these Rules. The Station reserves the right to disqualify any entrant if these Contest rules are not followed. Any security breach or other attempt by an entrant or other party to tamper with the proper administration of the Contest will disqualify the entrant and may result in civil or criminal action against the entrant or other party and may result in the discontinuation, suspension, or cancellation of the Contest. Winners and entrants agree, except where prohibited by law, to release and discharge, hold harmless and indemnify the Contest Entities, their employees, agents and representatives, officers and directors and their immediate families, successors and assigns, and all others associated with the development and execution of this Contest, from any and all tax liability that may be imposed or associated with receipt or use of the prizes, and from and against any and all claims, actions, proceedings, and liability for any damages, expenses, fees, injury or losses (INCLUDING PERSONAL INJURY OR DEATH) sustained in connection with the receipt, ownership, or use of the prize or while traveling to, preparing for, or participating in any Contest-related or prize-related activity. By entering the Contest or by winning, participants grant to the Contest Entities the right to publicize the participant’s name, photograph, image, likeness, voice, statements, and biographical information for advertising, trade, and promotion purposes without compensation and without opportunity for review, except where prohibited by law. For travel related prizes, winners’ guests must execute any requisite liability and publicity releases prior to travel. In the event the selected winner(s) of the prize are/is ineligible or refuse(s) the prize or in the event the prize is forfeited for any other reason, the prize will be forfeited and Station, in its sole discretion, an alternate prize will not be awarded.
The laws of the State or Commonwealth in which the Station is licensed shall govern this Contest, without regard to that State or Commonwealth’s choice of law rules. The courts of the State or Commonwealth in which the Station is licensed shall be the exclusive forum for any dispute relating to these Rules and/or this Contest. Except where prohibited, by entering the Contest, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 the State or Commonwealth in which the Station is licensed (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.
For prizes valued at $600 or more, or for any prizes awarded by the Station in a calendar year with an aggregate value of $600 or more, winner must provide his or her Social Security Number or the equivalent for tax purposes. In addition, winners may be required by the Station to submit this information on an IRS Form W-9. Prizes may be considered income, and payment of any and all taxes associated with prizes is solely the responsibility of the winners of the prizes.
6. Disclaimer and Force Majeure.
Due to the time delay that exists between the Station’s analog and digital over-the-air signals and between the Station’s analog over-the-air signal and the Station’s online webcast, those listening to the Station’s digital or online signal may hear announcements later than those listening to the Station’s analog over-the-air signal. The Contest Entities assume no responsibility for such delay. Additionally, Contest Entities, their affiliated, parent, and subsidiary companies, their employees, agents and officers, advertising and promotion agencies, and all others associated with the development and execution of this Contest are not responsible for: (1) problems associated with television transmission, radio transmission, cable transmission, satellite transmission, phone lines, facsimile, or cable lines and/or phone or IP numbers that are beyond their control, including, but not limited to: a busy signal, operator interference, cellular interference, internet congestion, technical or atmospheric conditions that disrupt the completion of a phone call, facsimile transmission, email transmission, or cable modem service, any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling/text message carrier service, interrupted or unavailable network, server or other connections; failure of any entry to be received in whole or in part by Station due to technical problems, telephone service problems, human error or traffic congestion on the internet or at any website, or wireless calling/text message carrier service; communications line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service; damage to any computer (software or hardware) resulting from participation in the Contest, or damage to mobile phone or other PDA device or other internet interruptions or malfunctions or for technical or other difficulties which may prohibit, prevent, or interfere with the transmission of television or radio signals to all or limited geographic areas during the playing of the Contest or that may prohibit, prevent, or interfere with the acquisition, completion, or submission of an entry; failures of or other problems relating to computer hardware, software, the Internet, or similar systems, including but not limited to difficulties relating to contestants’ ISP, DSL, or cable modem access, “worms,” or viruses or any other problems of any description or nature which may prohibit, prevent or interfere with the acquisition, completion or submission of any entry; (2) typographical errors in any materials relating to the Contest; (3) lost, misdirected, illegible, incomplete, or delayed entry forms; (4) cancellations, postponements, or delays; (5) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or other similar causes beyond the control of the Contest Entities, their affiliated, parent, and subsidiary companies, advertising and promotional agencies and their immediate assigns, making it inadvisable, illegal, impossible, or impractical to continue the Contest or to perform under these Rules. In the event of any of the foregoing or in the event of an ownership or format change, the Contest Entities reserve the right to suspend, terminate, modify, or continue the Contest, in their sole discretion. Contest Entities make no warranty, guarantee, or representation of any kind concerning any prize, and Contest Entities specifically DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.
7. Official Rules and List of Winners.
For the official rules of a Contest, send a self-addressed stamped envelope (“SASE”) for receipt by the end of the Contest Period to WAXY 20450 N.W. 2nd Ave. Miami Gardens, Florida 33169, Attn: Contest Rules. For the names of the prize winners send a SASE for receipt within 60 days following the end of the Contest Period to the attention of Contest Winner Lists at the above address. In either case please be sure to specify the name of the Contest for which you are requesting the rules or winners list. Official rules and winner lists (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at TheTicketMiami.com.