Monday Barter Theatre Club rules

WQUT’S “BARTER THEATRE MONDAY CLUB” CONTEST 2018
OFFICIAL RULES

A complete copy of these rules can be obtained at the offices of radio station WQUT (“Station”),
owned and operated by Cumulus Media Holdings Inc. or one of its subsidiary
companies, 162 Free Hill Road, Gray, TN, during normal business hours
Monday through Friday or by sending a self-addressed, stamped envelope
to WQUT, P.O. Box 8668, Gray, TN 37615.
The Station will conduct the WQUT “BARTER THEATRE MONDAY CLUB”
Contest (the “Contest”) substantially as described in these
rules, and by participating, each participant agrees as follows:

1. NO PURCHASE IS NECESSARY. VOID WHERE PROHIBITED. ALL FEDERAL, STATE,
AND LOCAL REGULATIONS APPLY.
2. Eligibility. This Contest is open only to legal U.S. residents age
eighteen (18) years or older at the time of entry with a valid Social
Security number and who reside in the Station’s Designated Market Area
(“DMA”) as defined by Nielsen Audio, who (i) have not won a
prize from the Station in the last 90 days, nor won a prize valued at
$500 or more in the last 180 days, and (ii) whose immediate family members
or household members (both as defined below) have not won a prize from
the Station in the last 90 days, nor won a prize valued at $500 or more
in the last 180 days. Void where prohibited by law. Employees of Cumulus
Media Holdings Inc., 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.
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 Sponsor’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.
3. Contest Period. The Contest will begin at 6:00 am ET on February 5,
2018 and will run through 9:00 am ET on October 15, 2018 (the “Contest
Period”). The Station’s computer is the official time keeping device
for this Contest.
4. How to Enter. You will automatically be entered into the Contest once
you complete the following:
(i) Online: Visit the Station’s website www.wqut.com during the Contest
Period and click on the Contest link, (ii) click on the Barter Monday
Club link, and (iii) complete an entry form and submit it by email to
jeri.george@cumulus.com providing your first and last name and city of
residence. Limit one (1) entry per person per day per email address. 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.
5. Winner Selection. On each Monday throughout the Contest Period between
10:00 am ET and 12:00 pm ET, the Station will randomly select one (1)
of the submitted entries to win that Monday’s Contest. The winner will
be contacted using the email address provided with the entry and may be
awarded the prize (subject to verification of eligibility and compliance
with the terms of these rules). 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. Failure to
respond to the initial verification contact within three (3) days of notification
will result in disqualification.
6. Verification of Potential Winner. POTENTIAL CONTEST WINNER 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 will
be required to come to 162 Free Hill Road, Gray, TN to sign an affidavit
of eligibility and a liability/publicity release (except where prohibited)
in order to claim his/her prize, if applicable. A winner who signs 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.
7. Prizes. There will be thirty-seven (37) prizes awarded in this Contest. Each
prize consists of a voucher for two (2) to attend a performance of a specific
play between specific dates at Barter Theatre in Abingdon, VA. ARV $50.
Winner is responsible for all taxes associated with prize receipt and/or
use. Odds of winning a prize depend on a number of factors including the
number of eligible entries received during the Contest Period. Station
reserves the right to substitute any listed prize for one of equal or
greater value for any reason.
8. 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.
7. Publicity. Except where prohibited by law, participation in the Contest
constitutes winner’s consent to Station’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.
8. 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.
9. 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 any other promotion or 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.
10. 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, Station, 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 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, Station reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, unawarded,
eligible prize claims.
11. 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, 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 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 Sponsor 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.
12. 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 on or within, 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.
13. 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 Contest Sponsor identified below.
CONTEST SPONSOR: Cumulus Media Holdings Inc., WQUT, P.O. Box 8668, Gray,
TN 37615.