The following rules are an addendum to the 95.1 SHINE-FM Official Rules for the “Higher Or Lower Game” Promotion. These rules govern the “Higher Or Lower Game” promotion (the “Promotion”) being conducted by 95.1 SHINE-FM/WRBS (the “Sponsor”).
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. WHO CAN ENTER
Entrants within the immediate Sponsor on-air listening area.
Contests are open only to legal U.S. residents age eighteen (18) years or older at the time of entry.
Only one (1) prize per household within any thirty (30) day period.
Employees of the Sponsor, any parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, 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.
Entrants may not use an assumed name or alias. Contests are 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 Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. HOW TO ENTER
To qualify, entrants must listen to Mornings with Tracey, Steve, and Daveeach weekday at approximately 8:15AM for the cue to call 866-304-9727, as well as be the correct caller, to play the “Higher Or Lower” game. Tracey will ask Dave a question and Dave will give an answer. The entrant must guess higher or lower based off Dave’s answer. If the entrant guesses correctly, the entrant will be awarded a $50 gift card, pending verification.
In the event Dave guesses an exact match, the entrant will automatically win the Prize, pending verification.
The time for the cue to call is approximate and may be changed.
The Sponsor reserves the right to increase or decrease the amount of times the cue to call is given.
The Sponsor reserves the right to not play the “Higher Or Lower” game without any given notice due to a weather event, news event, or other extenuating circumstance deemed necessary by Sponsor.
3. Telephone and Delivery Disclaimer
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. Sponsor 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. Sponsor 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. Sponsor is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software 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 this Promotion. Due to the time delay that exists between the Sponsor’s over-the-air signal and any online webcast, listeners who listen to the Sponsor online may hear Promotion information later than listeners listening to the Sponsor’s over-the-air signal. As a result, the odds of an online listener winning Promotion may be diminished.
Sponsor shall not be 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 entry, the authorized account holder of telephone number used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier.
Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose telephone number is submitted as part of a Promotion.
Prize includes: one (1) $50 gift card of Sponsor’s choice.
Total Prize value: $50
Winner is responsible for all taxes associated with prize receipt and/or use. All those who win a prize or prizes over a $600 in value in any given year may be issued an IRS Form 1099 to report their winnings.
5. WINNER SELECTION, NOTIFICATION, RECEIPT OF PRIZE
POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
The potential winner will receive gift card via email 7-10 days after being verified and deemed the Winner. Winner must have a working email address or provide an alternate email address for gift card to be received. Sponsor will not provide a physical gift card for pick up or to be mailed.
The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.Odds of winning depend on a number of factors, including, but not limited to, the number of eligible entries received by Sponsor during the Promotion and the number of listeners participating at any given time.
If Sponsor cannot reach potential winner by email address provided due to an incorrect address provided, message failure, or any other reason that would prevent Sponsor from reaching potential winner, a second attempt will be made using other contact methods provided. If second attempt fails, Sponsor may, but is not required to, award the applicable prize to an alternate winner. Sponsor reserves the right to select and notify an alternate potential winner. Sponsor’s decisions as to the administration and operation of the Promotion and the selection of a potential winner are final and binding in all matters related to the Promotion. Any protest in the conducting of the Promotion, the selection of the winner, or the awarding of the Prize must be made within three days of the conclusion of the contest; the resolution of any protest shall be in the sole discretion of Sponsor, whose decision shall be considered final.
Potential winner may be required to provide proof of identity, execute an affidavit of eligibility, a liability/publicity release (except where prohibited), and a W-9 IRS Form, in order to claim his/her prize. A winner who executes these documents within the required time period will be deemed to have accepted the 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 come to Sponsor’s office within the 30-day period, fails to provide the affidavit of eligibility and/or the liability/publicity release within the required time period, potential winner forfeits the prize. In the event that the potential winner of the Prize is disqualified for any reason, Sponsor may, but is not required to, award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries, or other means chosen by the Sponsor.
All prizes are non-transferable and void where prohibited by law. There will be no substitution of prize.
6. ENTRY CONDITIONS AND RELEASE
By entering a Promotion, each participant agrees to: (a) comply with and be bound by the 95.1 SHINE-FM Official Rules, the “Higher Or Lower Game” Promotion Rules, and the decisions of Sponsor, which are binding and final in all matters relating to any Promotion and Contest; (b) release and hold harmless Sponsor 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 Promotion, 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 a 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.
Except where prohibited, participation in Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law. Each Promotion participant acknowledges and agrees that any telephone calls placed to the Sponsor’s contest line may be broadcast live on the Sponsor, and also may be recorded for use on-air at a later time. Winners may be required to sign a separate publicity waiver and/or release upon collecting a prize.
8. GENERAL CONDITIONS
Sponsor may cancel any Promotion or any part of a Promotion, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner, or to be acting in violation of any federal, state or local law. Any attempt by any person to deliberately undermine the legitimate operation of a Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek legal remedies including damages from any such person to the fullest extent permitted by law. Sponsor may, in its sole discretion, waive or change any of these Official Rules in a particular case, but will advise the public of such waiver or changes as soon as practicably possible after they are made.
9. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by 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. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, programming, or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, 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 a Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in Maryland; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of Maryland, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than Maryland.
11. ENTRANT’S PERSONAL INFORMATION
The invalidity or enforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.
13. LIST OF WINNERS / COPY OF RULES
A written version of these rules are available for review during regular business hours at Sponsor’s offices located at the address listed below. A copy of the Official Rules of the Contest, or list of the winners of a Contest, may be obtained requesting a copy and sending a self-addressed stamped envelope to the Sponsor address identified below, or by calling 410-247-4100.
Brighter Media Group, 3500 Commerce Drive, Baltimore, MD, 21227.