95.1 KBBY’s “CIRCUS VARGAS” Contest
A complete copy of these rules can be obtained by contacting radio station KBBY (“Station”), owned and operated by Cumulus Broadcasting LLC, 1376 Walter Street, Suite 6, Ventura, California 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’s “CIRCUS VARGAS” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
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.
1.Eligibility. This Contest is open only to legal U.S. residents, excluding Florida and New York residents, age eighteen (18) 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 30 days or a prize valued at $500 or more in the 180 days, and whose immediate family members or household members have not won a prize from the Station in the last 30 days or a prize valued at $500 or more in the 180 days. Void where prohibited by law. Employees of Cumulus Broadcasting LLC, 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 7:00am PT on MAY 22 2023 and will run through 12pm PT on MAY 26 2023 (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
3. How to Enter. To enter:
Text: Send a text message with the keyword CIRCUS, CLOWN, STUNT, TENT, BALLOON spelled correctly to 805-293-2900 during the Contest Period. All entries must be received by 12PM PT on Friday, MAY 26 2023 to be eligible for a chance to win a prize. Message and data rates may apply. Station has no responsibility for any fees or charges associated with any text messages entrant sends or receives in connection with the Contest. Entrant agrees to receive messages from Station from time relating to the Contest, the Station, and any Contest sponsor or prize provider.
4. Winner Selection. On or about 9AM on Monday MAY 29 2023, Station will select 5 potential winners in a random drawing from among all valid entries received by Station during the Contest Period. Each 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 24 hours of notification or failure to claim the prize within three (3) days of verification as a winner will result in disqualification and forfeiture of the prize.
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.
6. Prize. Up to FIVE (5) Prizes will be awarded in this Contest. The Prize is a 4-pack (4) of tickets to Circus Vargas in Ventura or Santa Barbara. Located in Ventura at Ventura Fairgrounds, 10 W Harbor Blvd, Ventura, CA 93001 and in Santa Barbara at Earl Warren Showgrounds, 3400 Calle Real, Santa Barbara, CA 93105 . ARV One hundred fifty six dollars ($156). Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the 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.
Total ARV of all prizes: SEVEN HUNDRED EIGHTY Dollars – $780.00
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply. If winners are unable to use the Prize due to closures related to disease, epidemic, pandemic, quarantine, any acts of government, and/or any reason that is beyond the control of Sponsors, then no substitution shall be provided by Sponsors. Sponsors make no representation or warranty about the safety of redeeming the Prize in light of COVID-19. Any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsors cannot guarantee that any person will not be exposed during a visit. By accepting the Prize, winners acknowledge the risk of public or large group gatherings and assume all risks of accepting the Prize, redeeming the Prize, and any other the risks associated with redeeming and using the Prize.
7. 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 New Holdings, 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
14. 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: Cumulus Broadcasting LLC, KRUZ 103.3, 1376 Walter Street, Suite 6, Ventura, California, 93003 and Circus Vargas