Home for the Holidays 2022 KISS 104.1 Contest Official Rules

Home for the Holidays 2022 KISS 104.1 Contest

OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. Eligibility. Subject to the additional restrictions below, the Home for the Holidays 2022 KISS 104.1 Contest (the “Contest”) is open to legal residents of the State of Georgia with a valid Georgia driver’s license or Georgia state ID and who are 18 years or older at the time of entry. Employees of Cox Radio, LLC, d/b/a Cox Media Group Atlanta (“Sponsor”), The Witherite Law Group, PLLC, CMG Media Corporation, and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Contest or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Contest event.

Limit: Only one (1) prize winner may be selected from the same household every thirty (30) days in connection with any Contest sponsored or administered by any of the CMG Atlanta radio stations: WSB-AM, WSB-FM, WSBB, WALR, and WSRV (each, a “Station”). If you or a member of your household has won a prize from any Station within the last thirty (30) days, you will be ineligible to receive a prize in this Contest.

3. How to Enter. The Contest will begin at 5:00 a.m. Eastern Standard Time (“EST”) on October 24, 2022, and end at 11:59 p.m. EST on December 4, 2022 (the “Aggregated Contest Period”) with two (2) different opportunities to enter and win (each, a “Contest Period”). Sponsor will be the official timekeeper for the Contest.

Enter by visiting the Home for the Holidays 2022 KISS 104.1 Contest official registration page during the Aggregated Contest Period at the “Contests” page at www.KISS104FM.com (the “Website”) or on the KISS 104.1 mobile application (the “App”) and complete all of the required information and following all posted instructions.

(i) To enter via Sponsor’s Website, you must complete the following steps:

1. Enter by visiting the “Contests” page at http://www.KISS104FM.com, selecting the “Home for the Holidays” link, and completing all of the required information and following all posted instructions.

2. By participating in the Contest via Sponsor’s website, you agree to be bound by Sponsor’s Visitor Agreement (http://www.KISS104FM.com/visitor_agreement/) and Privacy Policy (http://www.KISS104FM.com/privacy_policy/), which are hereby incorporated by reference.

(ii) To enter via Sponsor’s App, you must complete the following steps (standard data rates may apply):

1. Download and install the KISS 104.1 App on a compatible mobile device from either Google® Play or the iTunes® App Store.

2. Once you have installed the App, click the “Home for the Holidays” tab on the App’s main menu to register for the Contest. Follow the instructions on the registration page and complete all the required information to submit an official entry form. All the information you provide must be complete and accurate. Entrants who submit an invalid phone number or email address may be disqualified in Sponsor’s sole discretion.

3. By participating in the Contest via the App, you agree to be bound by the App’s terms of use and privacy policy (http://www.KISS104FM.com/privacy_policy/), which is hereby incorporated by reference.

Failure to complete any of the steps in this section may result in the disqualification of your attempted entry as determined in Sponsor’s sole discretion. Sponsor is not responsible for any issue that may prevent a Participant (as defined below) from being able to download or access the App or complete his/her entry.

An entry received through either the Website or the App, consistent with these Official Rules, will result in one (1) entry for the Contest. Limit one (1) entry per person and per email address during the Aggregated Contest Period regardless of whether entering via the Website or App.

Essay submission

As part of the Contest entry process, you must upload an original essay (500 words or less) explaining why you deserve $1,000 to get “Home for the Holidays” (the “Entry”). All Entries must include the following information: the reason that you deserve $1,000 to get “Home for the Holidays.”

By entering, you represent and warrant with regard to your Entry:

(i) You are submitting your Entry on your behalf and not on behalf of any other individual.

(ii) It is your own original work or you have all the rights necessary to post or re-post the content. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.

(iii)You have the express written consent of any identifiable locations or persons appearing or referenced in your Entry or entries to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsor’s and The Witherite Law Group, PLLC’s right to use your Entry for any future commercial purpose without restrictions, and you can make those authorizations available to Sponsor and The Witherite Law Group, PLLC upon request. Upon request, you will obtain written consent of any such persons for Sponsor and The Witherite Law Group, PLLC in the form identified by Sponsor or and The Witherite Law Group, PLLC.

(iv) the Entry does not reference any person other than entrant or any names, products or services of any company or entity or any third-party trademarks, logos, copyrights, trade dress or promotion of any brand, product, or service.

(v) Your Entry is appropriate for public viewing. Without limiting the foregoing, your Entry is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your Entry or entries must also not disparage or cast a negative light on any person, entity, or brand, product, or service.

(vi) Your Entry has not previously been published or accepted for publication and is not currently under consideration for publication and your Entry complies with all of Sponsor’s requirements and terms regarding the use of its services.

Sponsor reserves the right in its sole discretion to not consider any Entry for the Contest if it believes the Entry violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. You agree to reimburse Sponsor or The Witherite Law Group, PLLC in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by you or the use of any rights granted by you to Sponsor and The Witherite Law Group, PLLC hereunder. By entering, you warrant that your Entry or Entries comply with the requirements set out above including those at (i)–(vi) above. By entering, you will and hereby you hereby grant to Sponsor and The Witherite Law Group, PLLC a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce your Entry and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor, The Witherite Law Group, PLLC and each of its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, you hereby waive any moral rights you may have in any Entry in favor of the Sponsor and The Witherite Law Group, PLLC.

By submitting your Entry you also grant to Sponsor and to The Witherite Law Group, PLLC the worldwide, perpetual, irrevocable, fully sub-licensable, and freely transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the Entry and/or image (all attributes, collectively, per person, a “Persona”) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.

Entries that are in compliance with these Official Rules may, in Sponsor and The Witherite Law Group, PLLC’s sole discretion, be posted to the Sponsor’s and The Witherite Law Group, PLLC’s Website(s) and to WALR’s and The Witherite Law Group, PLLC’s social media as they are reviewed and verified by Sponsor and The Witherite Law Group, PLLC.

Maximum one (1) Entry per person and per email address during the Aggregated Contest Period.

The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive Entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all Entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.

All Entries become property of Sponsor and none will be returned. Any questions regarding the number of Entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest.

Contest Entry Periods (all dates are in 2022):

Entry Period

Entry start (5:00 a.m.)

Entry end 11:59 p.m.

Winner selection

1

October 24, 2022

October 30, 2022

October 31, 2022

2

October 24, 2022

December 4, 2022

December 5, 2022

4. Winner Selection.

At the end of each Contest Entry Period, five (5) essays will be selected as the potential winner by a committee of qualified judges consisting of WALR programming and promotions staff as selected in Sponsor’s sole discretion, based on the following criteria (“Criteria”): (1) entry clarity and composition (25%); and (2) compelling reasons that the entrant gives to receive the prize (75%). The Entry with the highest cumulative score for such Contest Period will be designated the winning Entry of that Contest Period. All non-winning Entries from each Contest Period will be considered in each subsequent Contest Period. There will be a total of ten (10) potential winners.

5. Prize Description. Ten (10) Grand Prizes: Subject to verification of eligibility and compliance with these Official Rules, each winner will receive one (1) $1,000 check from The Witherite Law Group, PLLC.

6. Winner Notification and Acceptance. The potential winner will be notified on or about the date listed above for each Contest Period at the telephone number or email address provided on the potential winner’s Entry form. In order to win, the potential winner must respond to Sponsor’s notification at the time of notice or attempted notice.

In order to claim a prize, potential winner must respond to Sponsor’s notification forty-eight (48) hours of notice or attempted notice.

Unless otherwise advised by Sponsor, to claim the prize, winner may be required to personally visit Sponsor’s offices at 1601 W. Peachtree Street, Atlanta, GA 30309 within thirty (30) days after notification (office visits must be between the hours of 9:00 a.m. EST and 5:00 p.m. EST, weekdays) and must present a valid government-issued Georgia State photo ID. If the Sponsor’s offices are not open to the public, the winner’s representative will be required to provide a valid government-issued Georgia State photo ID and electronically sign a release form within thirty (30) days after notification.

Potential winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law), which must be notarized and returned within thirty (30) days days/hours of notification.

Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable, and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by a random drawing from among all remaining eligible entries received during the Contest Period. Sponsor will conduct up to three (3) alternate drawings, after which the prize will remain unawarded.

A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.

A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. As applicable, winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide information to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winner is solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.

7. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.

8. Publicity Release. BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, CMG MEDIA CORPORATION, THE WITHERITE LAW GROUP, PLLC, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE CONTEST OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO SUCH PARTY. BY ENTERING, YOU, GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.

9. Indemnification. If Sponsor’s use of your Entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your Entry.

10. Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.

11. Limitations of Liability. By PARTICIPATING IN the Contest, PARTICIPANTs acknowledge and agree that EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE AND THE prize(S), ARE provided “as is” and that Sponsor makes no representations or warranties OF ANY KIND, express or implied, about the Prize(S) and sponsor hereby DISCLAIMS all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by PARTICIPANTs, printing OR PRODUCTION errors, or by any of the equipment or programming associated with or EMPLOYED 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, the processing of entries, or the notification of any winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from A PARTICIPANT’S participation in the Contest or receipt or use or misuse of any prize.

Only the number of prizes stated in these Official Rules is available to be won in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prize based upon which entries received the highest scores according to the judging criteria or the entries that received the highest number of votes.

12. Construction. The invalidity or unenforceability 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 Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

13. Sponsor. The Home for the Holidays 2022 KISS 104.1 Contest is sponsored by Cox Radio, LLC d/b/a Cox Media Group Atlanta. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest. For a list of winners (available after December 20, 2022) or a copy of these Official Rules, visit http://www.KISS104FM.com or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), Home for the Holidays 2022 KISS 104.1 Contest, 1601 W. Peachtree Street, Atlanta, GA 30309, Attn: Valencia Bromell/WALR Promotions. If you have any questions regarding this Contest, please contact Valencia.Bromell@CMG.com.

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