KUGN, KUJZ, KSCR, KNRQ, KEHK, KZEL’S “MAKE-A-BAND” CONTEST
OFFICIAL RULES
A complete copy of these rules can be obtained at the offices of radio stations KUGN, KUJZ, KSCR, KEHK, KNRQ, and KZEL (collectively, “Station”), owned and operated by Cumulus Broadcasting LLC, 1200 Executive Parkway Suite 440, Eugene, OR 97404, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the KUGN, KUJZ, KSCR, KNRQ, KEHK, KZEL “Make-A-Band” 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 individual artists (each an “Entrant”) with at least one (1) year of experience playing music that are legal U.S. residents, have a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio..Void where prohibited by law. Entrants must attend a Spotlight Event (defined below), practice with their Band (as defined below) if selected, and attend the Final Event (defined below) to be eligible to participate in this Contest. 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. Entrants must be able to demonstrate to Station’s satisfaction that the Entrant does not have any contractual arrangement that would prohibit an Entrant from fully participating in the Contest or entering into any contracts required by Station. Station reserves the right to change, remove, replace, add, or otherwise adjust Entrants as needed to protect the integrity of Contest as determined by Station in its sole discretion. Additionally, Station reserves the right to remove from the Contest any person whom Station determines, in Station’s sole discretion, is sufficiently connected with the Contest or any of the entities described above if such person’s participation in the Contest could create the appearance of impropriety. Conversely, Station reserves the right to allow any person to remain part of the Contest who may have a connection with the Contest or any of the entities described in this paragraph if, in Station’s sole discretion, Station determines that such person’s involvement in the Contest does not and will not affect the integrity of the Contest. 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 PT on March 15, 2019 and will run through 11:59 pm PT on June 2, 2019 (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
3. How to Enter. To enter:
Online: Visit a Station’s website (www.nrq.com, www.starfm1023.com, or www.96kzel.com) or visit dev-mab.fanosity.com during the Contest Period, click on the “Make-A-Band” Contest link and complete an entry form (“Entry Materials”). Any Entrant who is deemed a minor in his/her state of residence must have their legal guardian complete and sign the entry form on their behalf to be eligible to participate All entries must be received by 11:59 pm PT on April 16, 2019 to be eligible. Limit one (1) entry per person. Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry per day 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.
4. Audition Period. Entrants can enter the Contest in one (1) of eight (8) different skill categories (each a “Skill”): Sound Design, Turntables, Drums/Percussions, Vocalist, Keyboards, Guitar, Bass, and Other. The Audition Period of the Contest involves eligible qualifying Entrants (“Qualifying Entrants”) to perform at a spotlight event (each a “Spotlight Event”). Spotlight Events are competitions in which Qualifying Entrants will play their Skill in front of music producers from the community who will each select, in their sole discretion, up to (but not more than) six (6) Qualifying Entrants total from all of the Spotlight Events to create a band (each a “Band”). There will be five (5) Spotlight Events. The first thirty (30) Qualifying Entrants received by Station for each Spotlight Event based on Skill category will participate in the Audition Period for a total of one hundred fifty (150) Qualifying Entrants. At the Spotlight Events, Qualifying Entrants will be given three (3) minutes to showcase their Skill.
If more than one producer selects a Qualifying Entrant, the Qualifying Entrant gets to select which producer with whom they would like to work.
The Spotlight Events will be held from 6:30 pm to 9:00 pm PST at Whirled Pies (199 W 8th Ave., Eugene, OR 97401) according to the following schedule:
● Sunday, March 31 – Vocalists
● Wednesday, April 3 – Guitar/Bass
● Wednesday, April 10 – Keyboards, Turntables, and Sound Design
● Sunday, April 14 – Drums/Percussion
● Wednesday, April 17 – Last Call (any remaining Qualifying Entrant that has not yet performed)
Qualifying Entrants are required to perform the Spotlight Event for their Skill. If Qualifying Entrants are not present at the Spotlight Event for their Skill or the Last Call Spotlight Event, the Qualifying Entrant will be disqualified from the remainder of the Contest and will not be eligible to be a part of the final event on June 2, 2019 at the McDonald Theatre (1010 Willamette St.) from 12:00pm to 8:00pm PST (“Final Event”).
5. Final Event. Qualifying Entrants selected by each producer (“Finalists”) will form a Band and prepare a twenty (20) minute set for the Final Event. Songs for the Final Event can be original songs, covers of original songs, or a combination of both. Each Band will practice from April 18, 2019 to June 2, 2019. Practice times for Bands will be agreed upon by the producers and Finalists and will take place at Whirled Pies (199 W 8th Ave.), Mac’s Restaurant & Nightclub (1626 Willamette St.), or Oregon Wine Lab (488 Lincoln St.) in Eugene, OR 97401 at the discretion of Station and the producers.
The Final Event will be on Sunday, June 2, 2019 at the McDonald Theatre from 12:00 pm to 8:00 pm PST. The Final Event is an open to the public (via purchase of a ticket) all-ages show. Each Band will perform a twenty (20) minute set. Performance order of the Bands will be chosen at random.
Winner Selection. The audience at the Final Event on June 2, 2019 will vote on their favorite musicians in different categories through the Fanosity phone application. The winner of each category will win a Prize (as defined below). All fan votes must be received by 7:59 pm PST to be counted. On or about 8:00 pm PST on June 2, 2019 at the Final Event, Station will announce the winners of the fan vote categories. 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
6. The following prizes (each a “Prize”) will be awarded in this Contest.
Each Qualifying Entrant (up to 150) will receive a “Qualifier Swag Bag,” which consists of one (1) 11×17 Black Lotus Art Print (ARV Ten Dollars ($10)), one (1) Whirled Pies Gift Certificate (ARV Ten Dollars ($10)), one (1) free guitar stringing from Stahman Guitars (standard light gauge strings acoustic/electric) (ARV Twenty Nine Dollars ($29)), one (1) gift card from Dutch Bros Coffee (ARV Five Dollars ($5)), and one (1) 4 Spirits Distillery Gift Card (ARV Ten Dollars ($10)). Total ARV Seventy Nine Dollars ($64).
Each Finalist (up to 48) will receive a “Finalist Swag Bag,” which consists of one (1) Black Lotus Gift Certificate (ARV Fifty Dollars ($50)), one (1) Black Lotus Digital Print/email download (ARV Ten Dollars ($10)), one (1) one-time guitar/bass free setup adjustment from Stahman Guitars (ARV Seventy Five Dollars ($75)), When a Rock Band Saved the Yogurt Company Pack from Nancy’s Yogurt (ARV Twenty Five Dollars ($25)), one (1) 4 Spirits Distillery Gift Basket (ARV Thirty Dollars ($30)), and one (1) Mac’s at the Vet Club gift card (ARV Ten Dollars $10). Total ARV Two Hundred Twenty Five Dollars ($200).
Every producer team (up to eight) will receive a “Producer Swag Bag,” which consists of two (2) Black Lotus Gift Certificate (ARV One Hundred Twenty Dollars ($120)), two (2) Black Lotus T Shirts (ARV Ten Dollars ($20)), one (1) Whirled Pies Gift Certificate (ARV Fifty Dollars ($50)), one (1) one-time guitar/bass free setup/maintenance workshop from Stahman Guitars (ARV One Hundred Dollars ($100)), When a Rock Band Saved the Yogurt Company Pack from Nancy’s Yogurt (ARV Forty Dollars ($40)), one (1) 4 Spirits Distillery Gift Basket (ARV Thirty Dollars ($30)), one (1) Two-hour limo tour from Sunshine Limo Service & Wine Tours (ARV One Hundred and Seventy Five Dollars $175), one (1) professional band photo session from Simple Media (ARV One Hundred and Fifty Dollars ($150)), one (1) case of mixed wine from William Rose (ARV Two Hundred and Forty Dollars ($240)). Total ARV Nine Hundred and Twenty Five Dollars ($925).
Each fan vote category winner at the Final Event will win the following Prizes:
Drummer Face Award (the drummer that makes the most wacky face): One (1) Sam Adato’s Drum Shop gift certificate (ARV Fifty Dollars $50).
Sprout City Award (who the fans want to get recording time): Up to twelve (12) hours of recording time (up to two (2) hours for each Band member) at Sprout City Studios in Eugene, OR. (ARV Eight Hundred Dollars ($800)).
Liquid Master Award (which band fans want to give mastering time to): One (1) track mastered to each studio musician in the Band. (ARV One Hundred Fifty Dollars ($150)).
Best Duo Award (best collaborative performance): five (5) hours of recording time at Soringhart Studios in Eugene, OR. (ARV One Hundred Fifty Dollars ($150)).
Best Original Song (composed the best original song written for the Contest): One (1) day of studio time (up to ten (10) hours) to record and mix a song at Gung-Ho Studio in Eugene, OR. (ARV Nine Hundred Dollars $900).
OG Award ( most original band performance): three (3) song EP – three (3) exclusive beats, recording, mixing, and mastering with Muzik Mogul in Eugene, OR. (ARV Five Thousand Dollars ($5,000)).
Producer’s Pick Award (fan’s favorite producer): 2019 Cuthbert Amphitheater Season Pass (two (2) tickets to all shows) (ARV will vary depending on number of show but will be between One Thousand Dollars to Two Thousand Dollars ($1,000-$2,000)).
Sean’s Music Study Award: two (2) one-hour lessons at Sean’s Music Study. (ARV One Hundred Dollars ($100)).
William Rose Award: Solo artist to perform three (3) times at Oregon Wine Lab from July-December, 2019. (ARV Two Hundred Twenty Five Dollars ($225)).
The Collaborator Award (fans vote for their favorite collaborative performance by Band): One (1) gift basket from Oregon Wine Lab. (ARV One Hundred Forty Dollars ($140)).
Dutch Love Award (fans vote on the Band they love): One (1) Dutch Bros gift box. (ARV Two Hundred Fifty Dollars ($250)).
Fan Favorite Vocalist (fans vote for their favorite vocalist): Sixty (60) minutes of filmed and recorded performances in a featured episode of “Live from Studio 541.” Vocalist will receive copies of video and photography captured during filming of their featured episode of “Live from Studio 541” to use for their own promotional use. (ARV Two Thousand Dollars ($2,000)).
Studio 541 Production Award: One (1) band will win an experience with Studio 541, which will film an episode of “Live from Studio 541 with the winner of the award. That will include a filmed episode of their episodic series in front of a small studio audience, and an interview with Jorah LaFluer. The episode will be Sixty (60) minutes and will be promoted through Studio 541’s YouTube channel. (ARV Two Thousand Dollars ($2,000)).
Thinking Tree Spirits’ Whiteaker Block Party Award: One (1) band will be awarded a guest spot on Thinking Tree Spirits’ stage at the 2019 Whiteaker Block Party. This will include a thirty (30) minute set and a $150 talent fee. (ARV One Hundred Fifty Dollars ($150)).
Breedlove’s Best in Show Award (fans favorite Band): one (1) Oregon Myrtlewood Guitar. (ARV Three Thousand Dollars ($3,000)).
Breedlove’s Ukulele Me Crazy Award: one (1) Lu’au Concert Ukulele. (ARV Two Hundred Sixty Five Dollars ($265)).
Star Male Vocalist Award (fans favorite male vocalist): One (1) solo vocalist receives Ten (10) hours of recording time at AMP Media Group in Bend, Ore. One (1) song recording, mixing, and mastering with back tracks provided. (ARV One Thousand Dollars ($1,000)).
Track Town Records Recording Award: Ten (10) hours of recording time at Track Town Records in Eugene, Ore. (ARV Five Hundred Dollars ($500)).
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. Prizes can be picked up at Station on or after 8:00 am PST beginning on June 3, 2019, and must be claimed within thirty (30) days.
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.
7. 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, if applicable. 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.
8. Entrant Representations: By submitting Entry Materials and being allowed to participate in the Contest, Entrant represents, warrants and agrees that:
a. All Entry Materials and Contest Submissions (except to the extent third-party content is required as part of the Contest) provided by Entrant as part of the Contest (collectively “Judged Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement and composition of such songs and/or music videos or all persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any Supplemental Materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this Contest, and have waived any applicable moral rights in such materials in favor of Entrant. The Judged Materials and Supplemental Materials are referred to herein collectively as the “Creative Materials.”
b. The use of Creative Materials as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If an Entrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Station reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignments or waivers required herein.
c. Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.
d. Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade names, logos or the intellectual property of any third parties. Entrant names and Creative Materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification. Entrant names and Creative Materials must be in keeping with Station’s positive image. Without limitation, Creative Materials that are deemed by Station, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Station in a negative fashion, may be disqualified. THIS REQUIREMENT IS STRICTLY ENFORCED. NO PROFANITY MAY APPEAR IN OR BE HEARD ON ANY CREATIVE MATERIALS.
e. Station reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Station believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the entry form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
f. If Entrant wins the Contest, Entrant may be required by Station to fill out, sign and agree to all of the terms and conditions of additional forms. Entrant (and Entrant’s parents and/or legal guardians in the case of entrants under 18 years of age) may also be subject to a thorough background investigation and other examinations, at Station’s discretion. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. ANY ENTRANT WHO FAILS TO COMPLETE ANY FORM, GIVES ANY FALSE INFORMATION, OR FAILS TO REVEAL ANY PERTINENT INFORMATION, MAY BE DISQUALIFIED FROM THE COMPETITION.
9. Use/Ownership: With respect to the use and ownership of all Judged Materials, each Entrant acknowledges and agrees as follows
a. The rights of each Entrant and Station shall be established by the terms of these Official Rules and by the contents of any releases entered into as required by these Official Rules.
b. Except to the extent prohibited by law, by participating in the Contest, each Entrant agrees that Station and its designees may use, publish, videotape, broadcast, distribute and display all elements of Entrant’s Judged Materials during the Contest and thereafter, as well as each Entrant’s name, biographical information, statements, voice, photographs and other likeness, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, solely in connection with advertising, promoting and conducting this Contest, without notification and without compensation of any kind to any Solo Artist or Band member or any third party. Station reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop, distribute and otherwise use the Judged Materials and any other videos and recordings made of the Entrant’s performances during the Contest in connection with advertising, promoting and conducting this Contest, the Stations and Station in any media now known or hereinafter created.
c. Station does not undertake to consider the Judged Materials in confidence and Station has not made any prior inducements, promises or representations to the Entrants regarding the Judged Materials other than as set forth in the Official Rules.
d. Participation by each Entrant in this Contest, and the accompanying submission of each Entrant’s Judged Materials to Station, shall in no way limit or restrict Station’s rights with respect to, or the use of, Judged Materials submitted by other Entrants, or otherwise developed, created or used by Station, both prior to and after the submission of each Entrant’s Judged Materials herein, and Station shall have no obligation to any Entrant with respect to such other Judged Materials. Accordingly, each Entrant acknowledges that Station’s use of other material containing elements similar to or identical with those contained in Entrant’s Judged Materials shall not entitle the competing Entrant to any compensation if Station has an independent right to use such other materials.
10. 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. The Released Parties are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Entry Materials or Contest Submissions whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications or other types of malfunctions or interferences, and/or for online votes not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Contest, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the collection and processing of the Judged Materials, and/or the judging of the Contest, the announcement of a Grand Prize or in any Contest-related materials. Station may prohibit an Entrant from participating in the Contest or winning a Grand Prize if, in its sole and absolute discretion, it determines that Entrant, or anyone acting in concert therewith, is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or unfair voting practices, or intending to annoy, abuse, threaten or harass any other entrants or Station’s representatives. If for any reason any portion of this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor or its agents, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Station reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANYONE ELSE TO DELIBERATELY DAMAGE ANY CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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, KUGN, KSCR, KZEL, KNRQ, KUJZ, KEHK, 1200 Executive Parkway Suite 440, Eugene, OR 97401
Hyland Auto Sales – 1517 S A St, Springfield, OR 97477
McDonald Theatre – 1010 Willamette St, Eugene, OR 97401
Whirled Pies – 199 W 8th Ave, Eugene, OR 97401
Mac’s Restaurant and Nightclub – 1626 Willamette St, Eugene, OR 97401
Black Lotus – 1011 W 6th Ave, Eugene, OR 97402
Stahman Guitars – 325 Main St, Springfield, OR 97477
Nancy’s Yogurt – 29440 Airport Rd, Eugene, OR 97402
4 Spirits Distilling – 3405 SW Deschutes St, Corvallis, OR 97333
Sunshine Limo Service & Wine Tours – 191 Wallis St, Eugene, OR 97402
Sam Adato’s Drum Shop – 1755 W 11th Ave, Eugene, OR 97402
Simple Media
Kesey Enterprises – 29440 Airport Rd, Eugene, OR 97402
Gung-Ho Recording Studios – 86821 Mcmorott Ln, Eugene, OR 97402
Soringhart Studios – 439 Polk St, Eugene, OR 97402
Sprout City Studios – 1697 W 11th Alley, Eugene, OR 97402
Muzik Mogul Studio – 3081 Matt Dr, Eugene, OR 97408
Oregon Wine Lab – 488 Lincoln St, Eugene, OR 97401
