LIGHTNING 100 SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE A SWEEPSTAKES ENTRANT’S CHANCES OF WINNING.
SWEEPSTAKES ENTRANTS MUST BE 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. AGREEMENT TO OFFICIAL RULES: Participation in this Promotion constitutes Participants full and unconditional agreement to these Official Rules and the Administrator’s decisions, which are final and binding in all matters related to this Promotion. Winning any prize is contingent upon fulfilling all requirements set forth herein.
2. PROMOTION PERIOD AND PHASES: The “Ticket Window” Sweepstakes begins at announce date by DJ and ends on or about when DJ announces. The Sweepstakes is referred to as the “Promotion”. The Administrator’s clock (defined in Section 2) is the official Promotion clock.
3. ADMINISTRATOR: The “Administrator” of the Promotion is Tuned In Broadcasting, Inc., 1310 Clinton St. Suite #215, Nashville, TN 37203.
4. ELIGIBILITY: The Promotion is open to eligible “Sweepstakes Entrants” (collectively, “Participants”) who are at least 18 years of age or older as of the date of entry and who are legal United States residents who are physically residing in Middle Tennessee. Middle Tennessee, for purposes of this competition, will be defined as Davidson County and its immediate, neighboring counties. Void in Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions, overseas military installations and where prohibited or restricted by law. Employees of the Administrator, and/or any of their parent and affiliates, subsidiaries and related companies, as well as their immediate families (defined as parents, children, siblings and spouse and their respective spouses, regardless of where they reside) and those living in the same household, whether or not related, (collectively “Promotion Entities”) are not eligible to enter or win.
Participants are required to provide truthful information and The Administrator will reject and delete any entry that it discovers to be false or fraudulent. The Administrator will disqualify any entry from
individuals who do not meet the eligibility requirements, and the Administrator will also delete any entry knowingly received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act and as otherwise required by law.
C. Selection of the Sweepstakes winner: Will be announced by DJ.
9. THE SWEEPSTAKES, RANDOM DRAWING AND ODDS OF WINNING:
The odds of winning the Sweepstakes Grand Prize depend upon the total number of eligible entries received during contest.
10. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Varies on each different giveaway.
C. General Conditions: There will be no more than one (1) Sweepstakes Grand Prize Winner. 11. PRIZE WINNER NOTIFICATION AND FULFILLMENT:
A. Sweepstakes Grand Prize Winner: Upon receipt of the Sweepstakes Grand Prize, the Sweepstakes Grand Prize winner agrees to indemnify and hold Tuned In Broadcasting Inc. harmless from and against any and all liability, claims, damages, penalties, litigation, costs and expenses, including reasonable attorney’s fees, of whatever kind, to persons or property, which are directly or indirectly the result of their acts or omissions. If the Sweepstakes Grand Prize is forfeited for any reason, an alternate Sweepstakes Grand Prize Winner may be selected in a random drawing from all remaining eligible entries received.
If the potential Sweepstakes Grand Prize Winner is found to be ineligible or not in compliance with these Official Rules, or declines to accept the Sweepstakes Grand Prize, the prize will be forfeited and such Sweepstakes Grand Prize will be awarded to another potential Sweepstakes Grand Prize Winner selected at random from the pool of eligible entries. The potential Sweepstakes Grand Prize Winner may be required to furnish proof of identification. Upon verification of eligibility of the Sweepstakes Grand Prize winner, the Administrator will arrange Sweepstakes Grand Prize to be picked up at the Lightning 100 Offices located at 1310 Clinton Street, Nashville, TN 37203, Suite 215.
D. General Conditions on all Prizes: Promotion Entities shall not be held responsible for any delays in awarding prizes for any reason. Prizes will only be awarded to verified winners. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by the Administrator who reserves the right to substitute or not to substitute a prize of equal or greater value in case of unavailability of prize or force majeure.
E. Liability and Indemnification:
i. Indemnification: Sweepstakes Winner agrees to indemnify and hold Tuned In Broadcasting Inc. harmless from and against any and all liability, claims, damages, penalties, litigation, costs and expenses, including reasonable attorney’s fees, of whatever kind, to persons or property, which are directly or indirectly the result of their acts or omissions.
F. Ownership of Marks: Tuned in Broadcasting and, Lightning 100 are registered marks or trade names owned by Tuned in Broadcasting Inc. and any registrations thereof, remain, and constitute their sole and exclusive property of Tuned In Broadcasting (“Marks”). The Sweepstakes Winner agree(s):
i. Not to attack, assert any interest in, or infringe upon the title or any rights to the Marks
ii. Not to file applications to obtain registrations of the Marks or of any other marks or trade names confusingly similar to the Marks
iii. That all rights and proprietary interests in the Marks are reserved by Tuned In Broadcasting Inc. for its sole use and benefit.
12. TAXES AND OTHER EXPENSES: EACH POTENTIAL PRIZE WINNER IS SUBJECT TO THE EXPRESS REQUIREMENT THAT HE/SHE SUBMITS TO THE ADMINISTRATOR ALL DOCUMENTATION REQUESTED BY THE ADMINISTRATOR TO PERMIT THE ADMINISTRATOR TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY SWEEPSTAKES GRAND PRIZE WINNER.
14. ELIMINATION: Any false information provided within the context of the Promotion by any Participant concerning identity, mailing address, telephone number, e-mail address, ownership of right or any other non-compliance with these Official Rules or the like may result in the immediate elimination of the Participant and/or entry from the Promotion. Any Participant suspected of or found by the Administrator to be entering votes by automatic, programmed, script, bot, third-party or otherwise fraudulent method, in the Administrator’s sole discretion, will be disqualified and all votes made by such methods will be discounted. If a Participant is suspected of submitting fraudulent votes or of inciting others to submit fraudulent votes on his/her behalf, such votes will be discounted and that Participant may be disqualified and his/her Entry removed, in the Administrator’s sole discretion.
The Administrator reserves the right to disqualify any person found or suspected of tampering with the entry process or the operation of this Promotion, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
15. LIMITATION OF LIABILITY: Promotion Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any web site(s). Promotion Entities are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in this Promotion and/or accepting the Prize. If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Promotion, the Participant’s sole remedy is to submit another entry in the appropriate contest/drawing. If, for any reason, the Promotion is not capable of running as planned, Administrator reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of Winners, in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension. ALL WINNERS ACKNOWLEDGE THAT PRIZES ARE AWARDED AS-IS. PROMOTION ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS (INCLUDING WITHOUT LIMITATION, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION LAWS) OR NONINFRINGEMENT AS REGARDS TO THE PRIZES OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.
Promotion Entities shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. By entering the Promotion, each Participant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of the Administrator which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Promotion Entities in connection with the Promotion; and (iv) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Promotion Entities and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any
property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the Participant’s entry, participation or inability to participate in the Promotion, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these 12
Official Rules or any Promotion materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond the Administrator’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Promotion Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Promotion Entities or by a Participant, (j) interruption or inability to access the Promotion, the Website or any other Promotion-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Promotion Entities, or any of their agents or employees, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Participant’s personally identifiable information by the Administrator or their designees or (r) the negligence or willful misconduct by Participant.
16. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF DAVIDSON, TENNESSEE. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TENNESSEE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN DAVIDSON COUNTY, TENNESSEE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE,
EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
17. GENERAL: All federal, state, and local laws and regulations apply. The Administrator reserves the right, to disqualify any Participant found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In case of a dispute as to the identity of a Participant, entry will be declared made by the authorized account holder of the e-mail account submitted at time of entry. “Authorized account holder” is defined as the natural person who holds the e-mail account. Void in all jurisdictions except those specifically included herein, including Puerto Rico, all U.S. territories and possessions, overseas military installations and wherever restricted or prohibited by law. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion Materials (including but not limited to point of sale, television, and print advertising, packaging, and other Promotion media), the details of the Promotion as set forth in these Official Rules shall prevail.
18. WINNERS LIST: For the name of all Winners, send a self-addressed, stamped envelope to be received by December 31, 2018 to: Lightning 100’s Road to Roo 1310 Clinton Street Suite 215, Nashville, TN 37203.
Inquiries may be made by contacting Lightning 100 at Clinton Street Suite 215, Nashville, TN 37203 (615) 242-5600.
These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of The Administrator.
Lightning 100 is a registered trademark of Tuned in Broadcasting, Inc. Used by permission. All rights reserved.