OFFICIAL CONTESTING RULES & REGULATIONS & AFFIDAVIT OF ELIGIBILITY & RELEASE
Delmarva Broadcasting Company
2727 Shipley Road
Wilmington, DE 19810
Delmarva Broadcasting Company Wilmington, (WSTW, WDEL, WFAI), its subsidiaries and affiliated companies (together, the “Company”), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
The Company may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Company, and in various States, and the Company may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station. For a list of participating stations for each individual contest, please visit the offices of this Station during normal business hours.
- Prize(s). The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest’s official rules. Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If a winner fails to pick up a dated prize in time to redeem the benefit, the winner forfeits the prize and no other prize will be awarded in its place. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. Prizes can be picked up at The Company business office (address above) between the hours of 8:30am to 5:30pm only. The Company business office will be closed on weekends and all major holidays. All winners must pick up their own prizes with their own valid photo identification. Prizes can be arranged to be mailed or picked up by proxy only on certain limited occasions, and these occasions will require review and will require additional forms to be filled out prior to prize redemption. The winner must call 302-478-2700 to make this request for each prize won. If you are picking up a prize for yourself, or as a proxy for other winners at The Company business office, you will be required to present your valid Photo I.D., and if picking up for others, present prior written consent from the person who you are representing and a copy of their valid Photo I.D. As proxy, you are limited to picking up prizes for (1) one other individual.Winner agrees to accept all blackout dates, space availability requirements, etc. established by The Company’s prize partner(s), such as hotels, airlines, trains, ships, etc. Winner agrees that acceptance of any trip taken as a prize from The Company does so entirely upon their own initiative, risk, and responsibility. If the trip requires traveling outside the United States, the winner, upon winning the prize, must have a valid US passport. If the winner does not have a valid US passport upon winning the prize, the trip may be forfeited. If concerts or other ticketed events have been awarded as a prize and the concert or event is postponed, rained out, canceled, or for other reasons beyond our control does not occur, The Company will not be responsible for replacing the prize.
Upon accepting prize, winner acknowledges and agrees to all contest rules and regulations. In some cases the value of the prize requires a prize distribution/release form to be completed with a clear and readable photocopy of legal documents showing residence and social security number, and any additionally required forms before a prize may be picked up at The Company business office and/or mailed. If a prize is mailed to a winner at their request, the winner understands that The Company will send it via US Postal Service and is not responsible for lost, stolen, or misdirected mail, and that the prize cannot be replaced if it is not received by the winner.
- Eligibility and Limitations. Participants and winner(s) must be legal U.S. residents, at least 16-years old (or as directed by specific contest rules) as determined by The Company and reside in the Station’s Designated Market Area (DMA), as defined by Arbitron Inc. If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, however the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period for prizes valued UNDER $600. For Prizes valued $600 and OVER, only one (1) prize per household for the Contest for any ninety (90) day period. If the contest involves listener participation by voting for a contest participant on the station’s website then the voting is limited to one vote per person unless noted in specific contest rules. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. Current and former employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate and win. The term “household” includes winners who share information (last name, address, home/work phone and cell phone numbers). The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
- Telephone and Delivery Disclaimer. If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise. For all contests the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for 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 Contest, and 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 Contest. Entry forms in a register-to-win contest must be handwritten. No photocopies or mechanical reproductions of entry forms are permitted. When contest involves texting to win, participate or enter, all standard cell phone plan data and text rates apply.
- Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per verified email address unless noted in specific contest rules. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Station reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
- Publicity; Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
- Consumer Created Content. If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the company and the station a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
- Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.
- Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which is not specifically provided for in the official rules. Each winner must provide the Company 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 Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
- Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company 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 Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s 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 Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law. Winners must use their true, legal name (as it appears on their government issued ID and Social Security Card) when playing contests or claiming prizes and may not win any contest under an assumed name. Winner will be disqualified and prize(s) forfeited if they are found playing under an assumed name or alias.
- Miscellaneous. Void where prohibited. No purchase necessary; purchase does not increase odds of winning. Odds of winning depend upon the number of participants. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the business office of the Station during normal business hours or visit the Station’s website. All entries become the property of the Company and will not be returned. In all contests in which WSTW (the station) purchases lottery tickets for individual or pooled listeners, the station will claim five percent (5%) of all cash winnings for the purposes of administration of winnings distribution to qualified individual or pooled listeners.
- Employees of WSTW, WDEL, WFAI, Delmarva Broadcasting Company, immediate family members, sponsors, agents, affiliates, parent companies, and others acting on their behalf are not eligible to win.
- All of the above general contest rules apply in all cases, except when superseded by specific contest rules as detailed in each link below.
Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.