General Contest Rules

WGTX x1023.fm General Contest Rules.

 

THE FOLLOWING ARE GENERAL RULES FOR ALL x1023.fm CONTESTS. ALTERATIONS OF THESE RULES MAY BE ANNOUNCED ON AIR AIR AT THE SOLE DISCRETION OF WGTX x1023.fm.

  

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

CONTESTS ARE INTENDED FOR PLAY IN THE COMMONWEALTH OF MASSACHUSETTS ONLY AND WILL BE GOVERNED BY MASSACHUSETTS LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN BARNSTABLE COUNTY, MASSACHUSETTS AT THE TIME OF ENTRY.

CONTESTS ARE BEING CONDUCTED ON AIR AT WGTX x1023.fm OR ONLINE AT WWW.X1023.FM OR WGTX x1023.FM SOCIAL MEDIA ACCOUNTS. ENTRY MAY BE VIA PHONE, TEXT, EMAIL, WEBSITE REGISTRATION, SOCIAL MEDIA LIKES OR POSTS AND WILL VARY BY CONTEST OR PROMOTION.

EACH TEXT MESSAGE, SENT OR RECEIVED, MAY INCUR A CHARGE AS PROVIDED IN YOUR RATE PLAN. MESSAGE AND DATA RATES MAY APPLY. WHEN YOU ENTER VIA TEXT MESSAGE, YOU WILL RECEIVE AT LEAST ONE (1) AUTODIALED TEXT MESSAGE IN RESPONSE TO YOUR ENTRY. TEXT-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. 

Contests are sponsored solely by GCJH, Inc. Doing business as WGTX x1023.fm. (“Sponsor”). Any questions, comments or complaints regarding contests must be directed to the Sponsor at GCJH, Inc. 44 Bearfoot Rd STE 325, Northborough, MA 01532.

List of Winner(s): For the name(s) of the winner(s) send a stamped, self-addressed envelope, to: GCJH, Inc. 44 Bearfoot Rd STE 325, Northborough, MA 01532 and include the name of the contest or promotion.

  1.   ELIGIBILITY. Contests are open only to individuals who (i) are legal residents in Barnstable County, Massachusetts. You must be 18 years of age or older to participate in contests or promotions. Certain contests may require you to be 21 years of age if alcoholic beverages are available.

If you are not a legal resident of Barnstable County, Massachusetts or you are not the required age as of time of entry, you are not eligible to enter any contests or promotions or to win a prize. Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors, and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “contests or promotions Entities”); individuals currently employed or employed within the last 90 days of any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the contests or promotions or win the prize.

The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For promotions and contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one prize to a specific event. Only one (1) winner per household is permitted in any contest or promotion. “Household members” shall mean people who share the same residence at least three (3) months a year.

Void where prohibited by law.

  1. Conditions on Participation: If the entrant is unable to verify the information the entrant will automatically be disqualified, and their prize will be forfeited. The Sponsor reserves at its sole discretion the right to choose an alternative qualifier in the event that a qualifier has been disqualified or is deemed ineligible. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. Sponsor is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore, eligible entrants agree as follows: By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor are final on all matters relating to the contests or promotions; (c) you are not participating on behalf of any employer or a third party; (d) in the event that you do not comply with the rules, then the eligible winner will be disqualified. The Sponsor, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.

 

  1. ENTRANT IN ALL CONTESTS AND PROMOTIONS MUST AGREE TO HAVE THE TELEPHONE CONVERSATION RECORDED BY THE SPONSOR AND OR STATION AND AGREE TO BE INTERVIEWED FOR ANY BROADCAST OR COMMERCIAL RELEASE CONNECTED WITH THE CONTESTS OR PROMOTIONS TO BE DETERMINED A DESIGNATED WINNER AND HAVE THE PRIZE AWARDED. If a potential prizewinner cannot be reached directly following the contests or promotions and or does not consent to be recorded for broadcast purposes, the potential prize winner will be disqualified and an alternate potential prize winner will be randomly selected until a winner is determined and has met all conditions described herein. Due to time constraints, the Sponsor reserves the right to modify the notification procedures in connection with the selection of alternate winners, if any or necessary. Odds of winning depend upon the number of eligible entries received during a particular playtime.

CONTESTS AND PROMOTIONS THAT REQUIRE TEXTING TO ENTER, THE ENTRANT GRANTS PERMISSION TO THE SPONSOR TO NOTIFY THEM VIA ONE (1) RETURN TEXT MESSAGE PER ENTRY AND MUST AGREE TO ACCEPT ALL APPLICABLE CHARGES ASSOCIATED THEREWITH. BY OPTING INTO THIS MOBILE ALERT AND SENDING A TEXT MESSAGE TO SPONSOR, ENTRANT ACKNOWLEDGES AND AGREES TO RECEIVE TEXT MESSAGES IN RESPONSE TO THE ORIGINAL SUBMISSION, INCLUDING A MESSAGE CONFIRMING ENTRY, BY ANNOUNCING THE WINNER, LEGAL DISCLAIMERS AND OPTIONS TO RECEIVE FUTURE PROMOTIONAL MESSAGES FROM THE SPONSOR.TO STOP RECEIVING SUCH TEXT MESSAGES, TEXT “STOP” TO SPONSOR (CONFIRMATION MESSAGE WILL BE SENT). STANDARD TEXT MESSAGING AND DATA RATES MAY APPLY, AS ESTABLISHED BY AN INDIVIDUAL’S WIRELESS CARRIER, AND THE SPONSOR ASSUME NO RESPONSIBILITY FOR ANY FEES OR CHARGES INCURRED FOR AND ASSOCIATED WITH ANY TEXT MESSAGE SENT TO OR FROM THE SPONSOR. Entrant is responsible for all applicable fees and taxes associated with placing a text message entry. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging to the Code is not considered proof of delivery to or receipt by the Sponsor of such entry to play. Decisions of the Sponsor are final. Such decisions may include but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Sponsor, the order in which text message entries are received, the eligibility of the entrant, and in the event entry requires the submission of an answer or response, whether that answer or response is correct. By participating in contests and promotions, entrants agree that the Sponsor may contact them, via phone or text message, at the telephone number from which the text message entry was initiated. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. By participating in a contest or promotion in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through a third-party service provider(s); the Sponsor does not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The administrator’s computer is the official timekeeping device for all contests and promotions. The Sponsor, through its third-party text messaging administrators, will store all messages received on its system. The Sponsor is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Use of any device to automate entry is prohibited. The Sponsor is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, and other technological problems. No other forms of entry are valid. LIMIT ONE (1) ENTRY PER PERSON/ MOBILE PHONE NUMBER PER TEXT-TO-WIN PLAYTIME. In case of dispute as to the identity of any entrant, the entry will be declared made by the authorized account holder of the email address or wireless phone number submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address or wireless number by an Internet access provider, online service provider, wireless provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or wireless phone numbers, as applicable. Any potential winner may be requested to provide the Sponsor with proof that such winner is the authorized account holder of the email address or wireless number associated with the winning entry. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the contests or promotions promotion. Entries must contain all information requested and must be received on or before the deadline for registration to be considered valid. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined.

Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in or may be disadvantaged in participating in, on-air contests or promotions.

  1.   Odds of Winning: The odds of winning a prize depend on the number of eligible entries received by the Sponsor.
  2.   TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the contests or promotion; (ii) undermine the legitimate operation of the  contests or promotion by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF  CONTEST OR PROMOTIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH ANY CONTEST OR PROMOTIONS.The use of any automated device, automated launching or entry software, or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or another delivery method.

Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the contests or promotions; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the contests or promotions; (3) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the contests or promotions; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the contests or promotions; or (5) technical or human error which may occur in the administration of the contests or promotions or the processing of entries.

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the contests or promotions, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the contests or promotions and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the contests or promotions as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the contests or promotions, by any human error which may occur in the execution of the contests or promotions, or any other causes which effect the operation of the contests or promotions or the rules of the integrity of the contests or promotions have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the contests or promotions and/or (ii) stop or conclude the contests or promotions at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the contests or promotions by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

  1.   PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
  2.   USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such a third party to fulfill any necessary requirements relating to the award of a prize. Entrants may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts into any available opportunities to receive information from a third party, that may or may not be associated with contests or promotions, the entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third-party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to enter the contests or promotions and opting in will not improve your chances of winning.
  3.   RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the contests or promotions, each entrant agrees to release and waive any and all claims of liability against the contests or promotions Entities and any applicable third-party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the contests or promotions, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the contests or promotions and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the contests or promotions Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to the winner.
  4.   TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
  5.   CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to all contests or promotions. Persons who violate any rule, gain an unfair advantage in participating in the contests or promotions, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the contests or promotions and the Sponsor’s decisions concerning such disputes shall be final. 
  6.   BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor contests or promotions shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Commonwealth Of Massachusetts law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THE CONTESTS OR PROMOTIONS IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 



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