BP TIGERS FLYAWAY CONTEST 2013
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. HOW TO ENTER
a. These rules govern the BP Tigers Flyaway Contest promotion (the “Promotion”), which is being conducted by WXYT-FM (the “Station”). The Promotion begins on May 13th, 2013 at approximately 12:00 a.m. Eastern Time (“ET”) and ends on July 17, 2013 at approximately 11:59 p.m. ET (the “Promotion Dates”).
b. To enter the Promotion, you may enter online or by mailing a 3”x5” during the Promotion Dates (the “Entry Period”) as follows.
BY MAIL: To enter by mail, legibly hand write your first name and last name, complete address, city, state, zip code, telephone number (including area code), and date of birth on a 3”x5” card or piece of paper. P.O. Boxes are not permitted. Mail the completed entry form with sufficient first class postage to “BP Tigers Flyaway Contest 2012” c/o 97.1 The Ticket, 26455 American Drive, Southfield, MI 48034. Mail-in entries must be postmarked by 11:59 p.m. .and received by Tuesday, July 17, 2013 regardless of postmark date. Only one (1) mail-in entry per outer mailing envelope is permitted. Entries submitted may not be acknowledged or returned. Failure to provide all required information may result in disqualification.
b. Only one entry per person regardless of the method of entry.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are 21 years of age or older and who reside in Michigan. Void where prohibited or restricted by law. Employees, officers, directors, and agents of Detroit Tigers and BP Global and the Station, the Station’s licensee (collectively, “Promotion Entities”), their respective parent, subsidiary, and affiliated entities, Station’s advertising and promotional agencies and participating sponsors, other radio stations in the Detroit metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
b. Persons are eligible to win a prize valued over $50 or ticket prize valued over $100 (per ticket) in a Station-conducted Promotion only once every thirty (30) days and a prize valued at $600 or more only once every six (6) months. Only one (1) winner per household is permitted in any Station-conducted promotion.
c. Each winner may be required to present valid government-issued photo identification and must provide their complete address, date of birth and phone number to claim a prize.
d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
a. Twenty (20) Qualifying Prizes will be awarded (ten (10) selected on June 14 and ten (10) selected on July 18). Each Qualifying Prize includes two (2) passes (for winner and one (1) guest) for a behind-the-scenes tour of Comerica Park in Detroit. The tour includes a visit to the dugout, and the broadcast booth. Tour will take place on either July 24, 2013 or July 25, 2013 (time TBD). The Qualifying Prize for the June 14 drawing will be July 24, 2013. The Qualifying Prize for the July 18 drawing will be July 25, 2013. Qualifying Prize winners will also be eligible for a chance to win a Grand Prize. The Approximate Retail Value (“ARV”) of the Qualifying Prize is $12.00.
The winner will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of the Prize. The prize is awarded as is. Tickets valid only on the date(s) printed on the tickets. Tickets are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will tickets be replaced if lost or stolen. Tickets may not be sold to a third party. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner will be to award the remaining available elements of the prize and no substitution or compensation will be provided for the unawarded elements of the prize. The Station, in its sole discretion, reserves the right to deny entry to or to remove the winner and/or guest(s) if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person at any prize event.
b. Two (2) Grand Prizes will be awarded. Each Grand Prize consists of the following (i) roundtrip coach airfare for two (2) people winner and guest over 21- on a carrier of Station’s choice originating from Detroit Metropolitan Airport to Chicago Midway International Airport in Chicago, Illinois and (ii) two (2) tickets to see the Detroit professional baseball game at U.S Cellular Field in Chicago on Wednesday, August 14, 2013. ARV of each Grand Prize is $678.
Actual value may vary based on point of departure and dates of travel. Any difference between stated value and actual value will not be awarded. Certain travel restrictions may apply. Travel arrangements must be made through the Station or its designee. Prize is subject to availability. If the winner cannot travel on date(s) specified by the Station, the winner may be disqualified, and an alternate winner may be selected (time permitting) at the Station’s sole discretion. All other costs not specifically stated herein, including but not limited to those of, taxes, meals, tips and ground transportation to/from the airport and/or to/from the hotel, are the responsibility of the winner. Travel must be round trip. Station will determine itinerary and airline, if applicable, in its sole discretion. The winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents, including, without limitation, passports for international travel. Airline regulations apply. If applicable, the winner may be required to present a valid credit card upon hotel check in to cover any incidental expenses incurred during the winner’s stay. The winner and guest(s) must sign a Publicity, Liability Waiver and Travel Release form prior to traveling. If a prize-related event or travel is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner will be to award the remaining available elements of the prize and no substitution or compensation will be provided for the unawarded elements of the prize. No refund or compensation will be made in the event of the cancellation or delay of any flight.
b. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates may be claimed at the office of the Station at the address below during regular business hours. Qualifying Prize winners will forfeit any prize or prize certificate not claimed by 6 p.m. on July 24, 2013 Grand Prize winners will forfeit any prize or prize certificate not claimed within two (2) days after their appearance at Comerica Park on July 24 or 25, 2013 or prize will be forfeited and an alternate winner may be selected in a random drawing from all remaining Qualifying Prize winners (time permitting). In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize or prize certificate.
c. Prize is not transferable, and no substitution, assignment, or cash equivalent of prize is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize. Entrants acknowledge that the Promotion Entities have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.
4. SELECTION OF WINNERS
a. Decisions of the Station management with respect to the Promotion are final.
b. On June 14, 2013, ten (10) potential Qualifying Prize winners shall be selected by the Station in a random drawing from all valid online and mail-in entries received between May 13, 2013 and 12:00 p.m. ET on June 13, 2013. Each potential Qualifying Prize winner will be notified by phone by the Station following the drawing.
c. On July18, 2013, ten (10) potential Qualifying Prize winners shall be selected by the Station in a random drawing from all valid online and mail-in entries received between June 13, 2013 and 12:00 p.m. ET on July 17, 2013. Each potential Qualifying Prize winner will be notified by phone by the Station following the Qualifying Prize winner drawing.
d. At the end of each Qualifying Prize tour (July 24 and 25, 2013), the Station will select one (1) Grand Prize winner through a random drawing from the ten (10) Qualifying Prize winners present at the tour. The Station will notify the Grand Prize winner on-site following the Grand Prize winner drawing. A maximum of one (1) Grand Prize winner will be selected at each Qualifier Prize tour, for a total of two (2) Grand Prize winners selected during the Promotion.
e. Entrants need not listen to the Station nor be present to win a Qualifying Prize. Qualifying Prize winners need not listen to the Station but must be present at their Qualifying Prize tour (July 24 or July 25, 2013) to be eligible to win a Grand Prize.
f. Odds of winning a Qualifying Prize depend upon the number of entries received for each drawing. Odds of a Qualifying Prize winner winning a Grand Prize are up to 1 in 10.
g. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. Qualifying Prize winners must execute and return any required affidavit of eligibility and/or liability/publicity release by 5:00 pm ET on July 19, 2013 . If a potential winner cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its agents to interview the winner(s) (or guest(s), if applicable), to photograph, film, and record each winner (or guest, if applicable), and to use in commerce and in any media now or hereafter known throughout the world in perpetuity, his/her name, prize won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording, and/or any statements made by him/her regarding the Station, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, in perpetuity except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion’s sponsor(s), the Station, its licensee, their respective parent, subsidiary and affiliated entities, their advertising and promotional agencies, prize suppliers, and participating sponsors, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Promotion, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in Promotion, or delivery, possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend, and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Promotion or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
f. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. For phone or mobile entries, the authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Station’s website. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station reserves the right to disqualify that entrant from entering and/or winning this and future Station-administered Promotions and to prosecute and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Promotion and shall not be required to award a substitute prize.
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For the Official Rules, send a self-addressed stamped envelope for receipt by
July 25, 2013 to “BP Tigers Flyaway Contest 2013 – Official Rules” c/o 97.1 The Ticket, 26455 American Drive, Southfield MI 48034. For the names of the prize winners send a self-addressed stamped envelope for receipt by September 31, 2013 to “BP Tigers Flyaway Contest – Winner List” at the above address. Official Rules and Winner Lists (when completed) shall also be available during regular business hours at the main offices of the Station.
Administrator: WXYT-FM, 26455 American Dr., Southfield, MI 48034
Sponsor: The Detroit Tigers and BP Global