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Official Rules, Terms and Conditions for the
Desperate Bathroom Makeover Contest
A complete copy of these rules can be obtained at the offices of Results Radio, KIKN-FM, KKLS-FM, KMXC-FM, KSOO-AM, KSOO-FM, KXRB-AM, KYBB-FM, and KDEZ-FM (collectively, the “Stations”), owned and operated by Cumulus Broadcasting LLC, 5100 S. Tennis Lane, Sioux Falls, SD 57108, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Stations will conduct the Desperate Bathroom Makeover Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. No purchase is necessary. Void where prohibited.
2. Only legal U.S. residents age 18 or older who own a single-family house in the Sioux Fall, SD metro area and who have a valid Social Security number at the time of entry are eligible to participate this Contest. Employees, agents, representatives, or affiliates of the Stations, Cumulus Broadcasting LLC, and their respective affiliates, participating sponsors, and their immediate family members and household members are not eligible to participate in this Contest. The term “immediate family members” includes spouses, parents, siblings, grandparents, children, grandchildren and cohabiting significant others.
3. The Contest will begin on January 25, 2010 and will run through March 6, 2010 (the “Contest Period”).
4. Eligible entrants may qualify once for the duration of the Contest for one (1) Results Radio station. Only one (1) qualifier per household. Multiple entries will not be considered.
5. Grand Prize: One (1) Grand Prize will be awarded. The Grand Prize is a bathroom renovation/makeover consisting of the following: $3,000 in products and services from Handyman Home Remodeling Center; $3,000 in products and installation services from Ebert’s Construction; $3,000 in products and services from Starmark Cabinetry; $1,000 in plumbing products and services from DRG Mechanical; $1,000 in products and services from Formatop, and $1,000 in products and services from Flooring America. The Stations and participating sponsors reserve the right to add, substitute and/or change elements of the Grand Prize at any time. Total retail value of the Grand Prize over: $10,000.
6. How to Enter: There are three (3) ways to enter the Contest.
(i) Submit an online entry form, including up to three (3) pictures of your current bathroom, at one of the following Results Radio websites: www.b1027.com www.ksoo.com www.kikn.com www.kxrb.com www.hot1047.com www.mix97-3.com www.easy1001.com www.espn99-1.com
(ii) Mail up to three (3) pictures of your current bathroom to any Results Radio station at 5100 S. Tennis Lane, Sioux Falls, SD 57108. Include the following information with your pictures: full name, address, daytime phone number, and the Result Radio station on which you heard about the Contest.
(iii) Hand deliver up to three (3) pictures of your current bathroom to any Results Radio station at 5100 S. Tennis Lane, Sioux Falls, SD 57108. Include the following information with your pictures: full name, address, daytime phone number, and the Result Radio station on which you heard about the Contest.
All entry forms and pictures must be received by midnight on February 19, 2010. Incomplete or illegible entry forms will not be considered.
7. Selection of Qualifiers and Finalists: On February 22, 2010, the Stations will separate the entry forms based on the Results Radio station identified by the participant in each form. If no Station is identified on an entry form, the form will not be considered. Each of the eight Stations will review the entry forms submitted by its listeners and select, in its sole discretion, the four (4) entries with the most “desperate” bathrooms to qualify to compete for the Grand Prize at the Sioux Empire Home Show on March 5-6, 2010. A total of thirty two (32) qualifies will be selected. All Station selections are final. During the week of February 22nd, each qualifier will be contacted by the Station for an on-air interview to discuss their “desperate” bathroom. On February 25th, 2010, each Station will randomly select one qualifier from the four eligible station qualifiers to be that Station’s finalist to compete for the Grand Prize. From the remaining three eligible station qualifiers, each Station will select one qualifier to serve as an alternate finalist in the event the finalist is unable or unwilling to participate in the Grand Prize event on March 5-6, 2010. A total of eight (8) finalists and eight (8) alternate finalists will be selected. All selections are final.
8. Competition Among the Finalist at the Home Show: All eight Station finalists must be available to attend the Sioux Empire Home Show at the Sioux Falls Convention Center on March 5, 2010 from 5pm-9pm and on March 6, 2010 from 10am-8pm (the “Contest Hours”). If a Station finalist is unable or unwilling to attend the Home Show for the Contest Hours, the Station’s alternate finalist will be allowed to participate in place of the finalist. Each finalist will be given a “Desperate Bathroom Makeover” booth (“Booth”) that contains a non-functioning toilet that each finalist may sit on during the Contest Hours. Each finalist must to stay within the boundaries of their Booth during the Contest Hours, except that finalists will be permitted to leave their Booth for the following scheduled bathroom/food breaks: on March 5, a (15) minute break at 7pm.; on March 6, a (30) minute break at 1pm, a (15) minute break at 3:30pm, and a (30) minute break at 6pm. Any finalist who leaves their Booth during the Contest Hours (except for scheduled bathroom/food breaks) or fails to return to their Booth before the end of a scheduled bathroom/food break will be immediately disqualified from the Contest. In the event of illness, emergency, or other reason as approved by the Stations in their sole discretion, a finalist will be permitted to name a proxy (either a family member, significant other, or personal friend) to take their place in the Booth for the remainder of the Contest Hours. All decisions and actions of the designated proxy are final and cannot be challenged by the original finalist. Once a proxy takes over, the original finalist will not be permitted to return to the Booth for the duration of the Contest Hours.
9. Voting for the Grand Prize Winner: While in the designated contest booth, each finalist will solicit votes from attendees at the Home Show for having the most “desperate” bathroom. Voting will take place during Contest Hours. Each attendee to the Home Show will be given a ballot upon entering the display area. Only attendees will be permitted to cast a ballot, and each attendee may cast only one (1) ballot voting for one (1) finalist. All ballots must be cast by 8pm on March 6, 2010 to be considered. Thereafter, the Stations will count the ballots and the finalist who received the most votes will be declared the Grand Prize winner. The Grand Prize winner will be announced live at the Home Show on Sunday, March 7, 2010 at 3pm. Finalists MUST be present to win. If the winner is not present or not eligible to receive the Grand Prize, in the Stations’ sole judgment and discretion, the finalist with the next highest number of votes will be declared the winner, and this process will continue on until such time as an eligible finalist is found. In the unlikely event that no finalist is found to meet the specifications, then the Grand Prize will go un-awarded. In the event of a tie, the tying finalists’ names will be put into a drawing and one name will be randomly selected by the Stations to be the Grand Prize winner, as determined by and at the Stations’ sole discretion.
10. All prizes are awarded “as is.” Prizes are nontransferable and cannot be exchanged, sold or redeemed for cash or other prizes.
11. Additional products and services over and above the grand prize amount ($10,000) will need to be agreed to by the contest winner/ sponsors/contractors in the form of a written and binding contract, signed by all involved parties. Cumulus Broadcasting/Results Radio will not responsible for any additional expenses over and above the stated value ($10,000) of the grand prize package.
12. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued at $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
13. Neither the Stations nor Cumulus Broadcasting LLC, its parent company, subsidiaries, affiliates, members, directors, officers, employees, agents or representatives shall be responsible for the failure of participating sponsors to deliver the prizes or any part thereof as described herein.
14. All entrants and winners agree that the Stations, Cumulus Broadcasting LLC, and their parent company, subsidiaries, affiliates, members, directors, officers, employees, agents and representatives shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in, winning, or losing any contest and/or by the acceptance, use or non-use of any prize received in connection with this Contest. All finalists (and proxies, if applicable) will be required to sign a waiver and release in favor of the Stations, Cumulus Broadcasting LLC and participating sponsors prior to being permitted to participate in the contest at the Home Show.
15. All prizes must be claimed in person at the Stations at the address identified above during regular business hours and within ten (10) business days of winning, excluding holidays. After such time, ownership of the Grand Prize reverts back to Cumulus Broadcasting LLC to be disposed of at its discretion. The winner then loses all claims and rights to said prize.
16. Proper identification and proof of home ownership must be presented by any winner to claim the Grand Prize. As a condition to receiving the Grand Prize, any potential winner must complete and sign a Winner’s Affidavit and Release, releasing the Stations, Cumulus Broadcasting LLC, its parent company, subsidiaries, affiliates, members, directors, officers, and employees from all liability in connection with winner’s participation in the Contest, acceptance, and use or non-use of the Grand Prize.
17. All entry blanks, forms, pictures, devices, and materials gathered during the course of entry in this Contest, as well as all information contained on or within, shall become the sole property of the Stations and Cumulus Broadcasting LLC to be used, disposed of or destroyed in their sole discretion. The Stations and Cumulus Broadcasting LLC are not responsible for lost, mutilated, illegible, misdirected, late, stolen, incorrect or incomplete entries, nor are they responsible for any incorrect or inaccurate information entered by website users, and they assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any Station’s website.
18. All entrants and winners agree to give the Stations and Cumulus Broadcasting LLC, and their licensees, affiliates, successors, and assigns the irrevocable and unrestricted right to use, re-use, broadcast, or publish my name, city of residence, photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched or distorted in character or form, and winner’s voice, recorded or live, for any reason the Stations deem necessary without compensation, unless prohibited by law. All winners release, discharge, and agree to save harmless the Stations, Cumulus Broadcasting LLC and its parent company, subsidiaries, affiliates, members, directors, officers, employees, agents and representatives from any and all claims they may have against the Stations or Cumulus Broadcasting LLC in connection with the taking, production, or the use of winners’ name, city of residence, any photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched, or distorted in character or form and without restrictions as to any changes, transformations or alterations, and including winners’ voices, recorded or live. All winners further acknowledge that Cumulus Broadcasting LLC owns or will own exclusively any photographs of such winners used for such purposes, including the copyrights in them, regardless of the form in which they have been or may be produced and used, and all winners assign all such ownership rights to Cumulus Broadcasting LLC.
19. By participating in the Contest, each participant agrees to receive email communications from the Stations regarding Station events and contests, and all entrants agree to receive promotional materials and information from participating sponsors. Any entrant that opts-out of these mailings will also remove themselves from the Contest. By participating in the Contest, where allowed by law, participants agree that the Stations may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
20. By participating in the Contest, entrants agree to be bound by the decisions of Station personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Stations will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Stations’ decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Stations, the Stations reserve the right to terminate this Contest, or make such other decisions regarding the administration or outcome as the Stations deem appropriate. All decisions will be made by the Stations are final. The Stations may waive or revise any of these rules in their sole discretion. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
21. Cumulus Broadcasting LLC. reserves the right to change any of this promotion and or the promotional elements at anytime without notice.
22. Participating Sponsors are:
Ebert’s Construction
DRG Mechanical
Flooring America
Handyman Home Remodeling Center
Starmark Cabinetry
Formatop Products
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