- A complete copy of these rules can be obtained at the offices of radio station KXXR (“Station”), owned and operated by Minneapolis Radio Assets, LLC or one of its subsidiary companies, 2000 SE Elm Street, Minneapolis, MN 55414, during available business hours Monday through Friday, Station’s website at www.93x.com, or by sending a self-addressed, stamped envelope to the above address.
- The Station will conduct the KXXR “PERSONAL MESSAGE FROM TAYLOR MOMSEN” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
Eligibility. This Contest is open only to legal U.S. residents, age eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, who have not won a prize from the Station in the last 60 days or a prize valued at $500 or more in the last 90 days, and whose immediate family members or household members have not won a prize from the Station in the last 60 days or a prize valued at $500 or more in the last 90 days. Void where prohibited by law. Employees of Minneapolis Radio Assets, LLC, Station, each of its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein..
2. Contest Period. The Contest will begin at 12:01 am, CST on Monday, March 29, 2021 and will run through 11:59 am, CST on Friday, April 2, 2021 for online entry (as described below) (“Online Entry Contest Period”) and begin at 5:30 am, CST on Friday, April 2, 2021 and will run through 8:59 am, CST on Friday, April 2, 2021 for Text In entry (as described below) (“Text In Entry Contest Period,” and together with Online Entry Contest Period, the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
3. How to Enter. You will automatically be entered into the Contest once you complete the following: (i) Online: (i) Visit the Station’s website www.93x.com during the Contest Period and click on the “Contest” link, (ii) click on the “Personal Message From Taylor Momsen” Contest link, (iii) fully complete the entry form, including all of the following (your name, address, phone number, email address, date of birth and nickname) and (iiii) suggest a song that you wish Taylor Momsen of the band The Pretty Reckless would cover, all of which you have the right to submit to Station, which will complete your entry form to enter. All forms must be received no later than 11:59 a.m., CST on April 2, 2021 to be eligible for the Online Prize. Limit one (1) entry per person, per email address. Proof of emailing does not constitute proof of delivery or entry. Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected entries, all of which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email account used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email address for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.
(ii) Text In: Listen to the Station Friday, April 2, 2021 between 5:30 to 9:00 AM during the Contest Period. Listeners must be listening for the 93X Morning Show for the cue to text (which will be telling them it is time to text) and then submit a song suggestion for Taylor Momsen from The Pretty Reckless to cover to 68683 to be qualified to win a Text-In Prize. Limit one entry per person per phone number. Standard text messaging rates, as established by an individual’s wireless carrier, may apply, and Station assumes no responsibility for any fees or charges incurred for and associated with any text messages sent to or from Station. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. Multiple participants are not permitted to share the same telephone number. Any attempt by any participant to submit more than one (1) entry by using multiple / different telephone phone numbers, identities, or any other methods will void that participant from further participation in the Contest. By submission of a text message entry in this Contest, entrants hereby expressly consent to the receipt of a confirmatory bounce-back message related to this Contest. Time Delay Between Over-the-Air Analog Signal and Internet Broadcast: Due to the time delay that exists between the Station’s analog over-the-air signal and the Station’s online webcast, listeners who listen to the Station online may hear the cue to text later than listeners listening to the Station’s analog over-the-air signal. As a result, the odds of an online listener entering this Contest on-air may be diminished.
All entries become the sole and exclusive property of Station and will not be returned. Station reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted. Cameo requests that are indecent, lewd, offensive, defamatory, contain profanities, or are in any way in bad taste or contain material(s) which may infringe upon any person or entities proprietary rights, as determined in the sole discretion of the Station, will not be used and the Prize Winner will be disqualified.
Limit one (1) entry per person, regardless of entry method.
4. Winner Selection.
Text In Winner. On or about 10:00 am CST on April 6, 2021, the Station and Concord Records will select one (1) entry from all qualified entries received by Station via text during the Contest Period as their favorite cover song suggestion, based on creativity, connection with the artist and/or originality, in the Station’s sole and absolute discretion.
Online Winners. On or about 10:00 am CST on April 6, 2021, the Station and Concord Records will select four (4) entries from all qualified online entries received by Station during the Contest Period as their favorite four (4) cover song suggestions, based on creativity, connection with the artist and/or originality, in the Station’s sole and absolute discretion.
Taylor Momsen and The Pretty Reckless will not actually perform the cover songs suggested by listeners. Instead, the song suggestions will only serve as criteria for judges to pick the winners.
All potential Prize winners, both Online and Text-In Winners, will be briefed about their potential prize winnings and how to claim their prize over the phone by the promotions department at the time of being selected as a winner. Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
5. Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner may be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
7. Prizes. A total of up to one (1) text in prize and four (4) online prizes will be awarded in this Contest during the Contest Period (each, a “Prize”). Each Prize is an (up to) a sixty-second (:60 second) personalized recorded Cameo video message from Taylor Momsen of The Pretty Reckless. The Band and/or Station have the right to refuse any messaging that is deemed in their sole discretion to be inappropriate, offensive, political, or vulgar. The Approximate Retail Value of each Prize is one hundred dollars ($100). Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Prize depend on the number of eligible entries received by Station during the Contest Period. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason.
8. Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Minneapolis Radio Assets, Inc., Cumulus Media New Holdings, Inc., and each of their respective subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
9. Publicity. Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
10. Taxes. 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 $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
11. General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
15. Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.
CONTEST SPONSOR: Minneapolis Radio Assets, LLC, 2000 SE Elm Street, Minneapolis, MN 55414.
PRIZE PROVIDER: Concord Records, 10 Lea Ave. Suite 300 Nashville, TN 37210 USA.