Contests & Contest Rules

95.1 kbby Monthly “Birthday Club” Birthstone Gift Give-Away contest
Official Contest Rules

A complete copy of these rules can be obtained at the offices of radio station 95.1 KBBY (“Station”), owned and operated by Cumulus Media Holdings Inc. or one of its subsidiary companies, 1376 Walter Street, Suite 6, Ventura, CA 93003 during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.

The Station will conduct the 95.1 KBBY Monthly “Birthday Club” Birthstone Gift Give-Away Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:

No purchase is necessary to enter of win.  A purchase will not increase your chance of winning.  Void where prohibited.  All federal, state, and local regulations apply

  1. This Contest is open only to legal U.S. residents age twenty-one (21) 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 90 days or a prize valued at $500 or more in the last 180 days, and whose immediate family members or household members have not won a prize from the station in the last 90 days or a prize valued at $500 or more in the last 180 daysVoid where prohibited by law.  Employees of Cumulus Media Holdings Inc., 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 Sponsor’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 6:01AM PT on October 19, 2018 and will run through 11:59PM PT on October 18, 2019. The Station’s computer is the official time keeping device for this Contest.
  3. How to Enter. To enter:

You will automatically be entered into the Contest once you complete one of the following:
Online: (i) Visit the Station’s website www.951kbby.com during the Contest Period, (ii) click on the “95.1 KBBY Birthday Club” Contest link, and (iii) complete an entry form.  All entries must be received by 11:59 pm PT on October 18, 2019 to be eligible. All registrations for previous versions of the 95.1 KBBY Birthday Club Contest expired when those contests ended. You must re-enter to be eligible for this specific Birthday Club Contest. Limit one (1) entry per person, per email address.  Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry per person 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 registrations, all of which will be disqualified.  In the event of a dispute as to any registration, the authorized account holder of the email address 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 addresses for the domain associated with the submitted address.  Potential winner may be required to show proof of being the authorized account holder. 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.
Winner Selection.  On or about 10:00AM PT on the last Friday of each month during the Contest Period, excluding Federal holidays when the station will instead make its selection on the last Thursday of  the month, Station will select one (1) entry to win our Monthly Grand Prize, in a random drawing from among all valid Contest Entry Forms received by Station on their website up to that point in time during the Contest Period. The winning entrant will be contacted using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules).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 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 when to pick up their prize. The potential winner will be required to sign and return to Station, within one (1) day 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.  Winner’s partner must also sign a liability/publicity release (except where prohibited) in order for winner to claim his/her prize.  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.    

  1.     Grand Prize. There will be 12 Grand Prizes awarded during this Contest. One (1) Grand Prize will be awarded at the end
    of each Month of the Calendar Year, beginning with October 2018 and ending with September 2019. Grand Prizes will be
    awarded on the last Friday of each  month during the Contest Period, excluding Federal holidays when the station will
    make its selection on the last Thursday of the month. (ARV $150.00). The Monthly Grand Prize is one (1) pair of
    Sterling Silver earrings,
    with the corresponding Birthstone for the current month within the earrings, as described for each
    month, on the Monthly Grand Prize List of Prizes below. All prizes furnished by Jewelry Couture, located at 390 S Mills
    Rd, Ventura, CA 93003.  The Station may, in its sole and absolute discretion, change the winner selection day to a different
    day than Friday, and if it so does, will announce any change.  Winner is responsible for all taxes associated with prize
    receipt and/or use.  Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries
    received during the Contest Period and listeners participating at any given time.  Station reserves the right to substitute any
    listed prize for one of equal or greater value for any reason.     

95.1 kbby Monthly “Birthday Club” Birthstone Gift Give-Away contest
Grand Prize List of Birthstone Prizes

BIRTH MONTH              <                                        PRIZE                                                             >

January  2019                    925 sterling silver earrings with a beautifully crafted Garnet cz
February  2019                   925 sterling silver earrings with a beautifully crafted Amethyst cz
March  2019                       925 sterling silver earrings with a beautifully crafted Aquamarine cz.
April  2019                          925 sterling silver earrings with a beautifully crafted Diamond cz.
May  2019                          925 sterling silver earrings with a beautifully crafted Emerald cz.
June  2019                          925 sterling silver earrings with a beautifully crafted Alexandrite cz.
July  2019                            925 sterling silver earrings with a beautifully crafted Ruby cz.
August  2019                      925 sterling silver earrings with a beautifully crafted Peridot cz.
September  2019                              925 sterling silver earrings with a beautifully crafted Sapphire cz.
October  2018                    925 sterling silver earrings with a beautifully crafted Tourmaline cz.
November  2018                925 sterling silver earrings with a beautifully crafted Citrine cz.
December  2018                 925 sterling silver earrings with a beautifully crafted Blue Topaz cz.

  1. 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, Cumulus Media Inc., and its 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.
  2. Publicity. Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its
    agents 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.
  3. 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.
  4. 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.

    To the fullest extent permitted by law, by participating in the Contest, you:

  5. agree to grant the Station a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of your contest entry (the “Materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to you or any third party;
  6. acknowledge that the Station reserves the right, in its sole discretion, not to use the Materials at all; and

iii.          represent and warrant that: you have the full legal right, power and authority to grant to the Station the license provided for herein; you own or control the complete exhibition and other rights to the Materials you submitted for the purposes contemplated in this license; you are either the parent (or legal guardian) of any minor featured in the Materials or have received the express consent of the parent (or legal guardian) for any such minor to appear in the Materials and to enter the minor’s likeness in the Materials in the contest; and neither the Materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

  1. 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.
  2. 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.
  3. Entrant’s Personal Information. Information collected from entrants is subject to Station’s Privacy Policy, which is
    available on the Station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered
    during the course of entry, as well as all information contained therein, shall become the sole property of Station to be used,
    disposed of or destroyed in its sole discretion.  Station is not responsible for any incorrect or inaccurate information entered
    by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or
    transmission, communications line failure, theft or destruction or unauthorized access to Station’s website.
  4. 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(S):

Cumulus Media Holdings Inc., 95.1 KBBY, 1376 Walter Street, Suite 6, Ventura, CA 93003

Prizes furnished by: Jewelry Couture, located at 390 S Mills Rd, Ventura, CA 93003

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