Art & Roy’s Carnival Cruise (the “Sweepstakes”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the Sweepstakes is only open to legal residents of the state of Georgia who are 21 years or older at the time of entry and who have either i) a valid Georgia driver’s license or Georgia state-issued ID or ii) another form of government-issued ID and a utility bill proving residence in the state of Georgia. Employees of Cox Radio, Inc. d/b/a WALR-FM/KISS 104.1 (“Sponsor”), Carnival Cruise Line (“Carnival”) 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. Eligibility is contingent on agreement to, and compliance with, these Official Rules.
Limit: Only one (1) prize winner may be selected from the same household every sixty (60) days in connection with any Sweepstakes sponsored or administered by any of the CMG-Atlanta radio stations (i.e., WSB-AM, WSB-FM, WSBB, WTSH, WALR and WSRV). If you or a member of your household has won a prize from any CMG-Atlanta radio station within the last sixty (60) days, you will be ineligible to receive a prize in this Sweepstakes.
The Sweepstakes is administered by Sponsor and any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. Winner shall be selected by Sponsor. Carnival is not responsible for the administration, execution, or conduct of the Sweepstakes.
2. How To Enter.
The Sweepstakes will begin at 3:00 p.m. Eastern Time (E.T.) on Monday, February 1, 2016 and end at 6:59 p.m. E.T. on Friday, February 5, 2016 (the “Sweepstakes Period”). Sponsor will be the official timekeeper for the Sweepstakes.
To enter, listen to Drive Time Live with Art & Roy on KISS 104.1 (the “Show”) from 3:00 p.m. E.T. to 6:59 p.m. E.T. each day during the Sweepstakes Period (each, a “Contest Day”). On each Contest Day at one (1) pre-determined time chosen by Sponsor in its sole discretion (each, a “Listen Time”), Sponsor will announce KISS104 as the keyword (the “Keyword”) to text to be entered into the Grand Prize drawing.
To enter the drawing for the Grand Prize at any Listen Time, you must text the Keyword to 70123 within fifteen (15) minutes of announcement of the Keyword, AND Sponsor must receive your text message with the correct Keyword within fifteen (15) minutes of the announcement of the Keyword. Each text received consistent with the foregoing and these Official Rules will result in one (1) entry into the Grand Prize drawing (“Entry”).
Limit one (1) Entry per person for the Sweepstakes. The Keyword will be announced a total of five (5) times during the Sweepstakes Period. Text and data rates apply – participants will be charged for sending and receiving under this Sweepstakes according to his/her carriers’ rate plan(s).
Sponsor will not be responsible for a failure in receiving any Entry due to malfunction of any network or system, congestion, any technical or human error, failures or malfunctions of any kind, including the congestion, overload, busy signals, or any other factor. 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 Sweepstakes. In the event of a dispute, an Entry will be declared made by the authorized account holder of the account from which the text message was sent. "Authorized account holder" is defined as the natural person who is assigned to a telephone number or other identifier automatically associated with the text message by a wireless service provider that is responsible for assigning the same. 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, postage-due, misdirected, garbled or illegible entries will be disqualified.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted will be determined and resolved by Sponsor in its sole discretion.
3. Winner Selection and Odds.
On or about Monday, February 8, 2016, Sponsor will select one (1) potential Grand Prize Winner in a random drawing from among all eligible Entries received during the Sweepstakes Period.
Odds of winning depend on the total number of eligible Entries received.
4. Prize Description.
One (1) Grand Prize: Subject to verification of eligibility and compliance with these Official Rules, one (1) Grand Prize Winner will receive the following:
(i) A 3, 4, 5, 6 or 7-Day Caribbean cruise for Winner and one (1) travel guest ("Travel Guest") in a double-occupancy Ocean View stateroom aboard any Carnival Cruise Line vessel departing from any of Carnival's five (5) Florida home ports (Miami, Ft. Lauderdale, Port Canaveral, Jacksonville or Tampa) (the "Cruise Prize") provided by Carnival.
(ii) $600.00 check toward ground or air transportation between Atlanta, Georgia and the departing Florida home port to be provided by Sponsor. NOTE: ANY COST OVER $600 WILL BE THE SOLE RESPONSIBILITY OF WINNER.
ADDITIONAL TERMS FOR CRUISE PRIZE:
Cruise must be booked by April 1, 2016 and taken by October 30, 2016, or Cruise Prize will be forfeited. The following blackout date applies: sailings that depart and/or occur on 7/4/2016. Additional dates may apply based on capacity restrictions. The cruise must be booked a minimum of six (6) weeks in advance of the sailing date. Cancellations within six (6) weeks of the sailing will result in forfeiture of the Cruise Prize. Subject to availability, Winner and Travel Guest may upgrade stateroom at their sole cost. No refund or credit shall be provided for stateroom downgrades.
Approximate Retail Value ("ARV") of Cruise Prize will be determined at time of booking and is dependent on dates of travel, duration of voyage, seasonal rates, and itinerary. Any difference between stated and actual value will not be awarded. Cruise Prize consists of cruise fare only. All other expenses not expressly provided for herein including, but not limited to, taxes, fees, port expenses, airfare, ground transportation, shore excursion fees, alcoholic beverages, gratuities, onboard expenditures, and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of Winner and/or Travel Guest. All travel is capacity controlled and subject to availability. Winner and Travel Guest must travel on same itinerary. Travel Guest must (or Travel Guest's parent or legal guardian if Travel Guest is an eligible minor in his/her state/province of residence) sign and return a travel/publicity release before any ticketing of travel occurs. Winner and Travel Guest must: (i) have all necessary identification and/or travel documents (including but not limited to a valid passport or other document) required for travel; and (ii) comply with all check-in requirements, including, but not limited to, the presentation of a major credit card. No cash redemptions. Any portion of the Cruise Prize not accepted by Winner will be forfeited, and Carnival shall not be responsible for any inability of Winner to accept or use any portion of the Cruise Prize for any reason. Carnival does not guarantee the Cruise Prize will be available on the exact sailing dates requested by Winner. Other limitations and restrictions may apply. Cruise Prize is non-transferable, cannot be substituted (except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value), and may not be sold or combined with any other offer. No "Vacation Guarantee" or similar type offer shall apply to the Cruise Prize. Cruise Prize is subject to the terms and conditions set forth in these Official Rules and those set forth and detailed in Carnival's passenger Ticket Contract found here: http://www.carnival.com/about-carnival/legal-notice/ticket-contract.aspx. If Cruise Prize is cancelled after ticketing of Cruise Prize, for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All applicable federal, state, provincial and local taxes on the Cruise Prize are the sole responsibility of Winner. If Winner is a legal U.S. resident and total Cruise Prize ARV exceeds $600.00 USD, Winner will receive an IRS Form 1099 for the ARV of Cruise Prize and be solely responsible for applicable taxes or other fees, including but not limited to all federal, state and local income taxes connected to the Cruise Prize.
Sponsor will not be liable if the Cruise Prize, or any portion of it, is cancelled or delayed. No refund or compensation will be paid in the event Carnival Cruise Line closes or is unavailable.
5. Winner Notification and Acceptance.
The potential winner will be notified on or about Monday, February 8, 2016 at the telephone number provided at the time of Entry.
In order to accept any prize, the potential winner must respond to Sponsor’s notification within twenty-four (24) hours of notice or attempted notice of winning.
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 Sweepstakes Period. Sponsor will conduct up to two (2) alternate drawings, after which the prize will not be awarded.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.
A winner may waive the right to receive a prize but refusal to accept any component of the Grand Prize may result in the forfeiture of his or her rights to claim any other portion of the Grand Prize. Prize is nontransferable, cannot be redeemed for cash, cannot be substituted (except at the sole discretion of the Sponsor who reserves the right to substitute a prize of equal or greater value), and may not be sold or combined with any other offer. Prizes and individual components of prize packages are subject to availability. Winner is solely responsible for reporting and payment of all applicable federal, state, provincial and local taxes on the Prize. Winner will be required to sign an IRS Form W-9 with the winner’s social security number or the equivalent. Failure to submit a W-9 Form upon request will result in forfeiture of the prize. Winnings over $600 will be reported to the IRS, and Winner will receive an IRS Form 1099 for the ARV of Prize and will be solely responsible for applicable taxes or other fees, including but not limited to all federal, state and local income taxes connected to the prize. 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.
For identification purposes, all winners must show Sponsor in person or provide a copy of either i) a valid Georgia driver’s license or Georgia state-issued ID or ii) another government-issued photo ID and a utility bill to show proof of Georgia residency. Failure to present the required identification and proof of residency will result in a winner’s disqualification and the forfeiture of his or her interest in a prize.
To Claim Cruise Prize: Winner must complete Carnival's affidavit of eligibility and liability/publicity release and a W-9 Form within seven (7) business days of prize notification. Failure to do so will result in disqualification, and prize will not be awarded.
Both documents can be submitted to Justin Tysinger via one (1) of the following methods:
(i) Email: Scan and send to Justin. Tysinger@coxinc.com
(ii) Secure Fax Line: (404) 897-6495; Attn: Justin Tysinger
(iii) Regular Mail: KISS104.1 Promotions, Attn: Justin Tysinger, 1601 W. Peachtree Street NE, Atlanta, GA 30309
(iv) In-Person at Sponsor's Offices: 1601 W. Peachtree Street NE, Atlanta, GA 30309 during regular business hours – Monday through Friday 8:30 a.m. ET to 5:30 p.m. ET
Once Carnival receives a winner’s signed release and W-9 form, he or she will be sent a letter with instructions on how to book the cruise. Sponsor will also provide Carnival the winner’s contact information.
To Claim $600 Check: Winner must complete Sponsor's liability and publicity release and a W-9 Form within seven (7) business days of prize notification to receive check. Failure to do so will result in disqualification, and prize will not be awarded.
Both documents can be submitted to Justin Tysinger via one (1) of the following methods:
(i) Email: Scan and send to Justin. Tysinger@coxinc.com
(ii) Secure Fax Line: (404) 897-6495; Attn: Justin Tysinger
(iii) Regular Mail: KISS104.1 Promotions, Attn: Justin Tysinger, 1601 W. Peachtree Street NE, Atlanta, GA 30309
(iv) In-Person at Sponsor's Offices: 1601 W. Peachtree Street NE, Atlanta, GA 30309 during regular business hours – Monday through Friday 8:30 a.m. ET to 5:30 p.m. ET
Once Sponsor receives a winner’s signed release and W-9 form, a check will be issued to the winner’s mailing address within four (4) to six (6) weeks. Sponsor is not responsible for checks lost in the mail. Replacement checks may be issued upon request at Sponsor’s sole discretion.
6. Publicity. Except where prohibited, participation in the Sweepstakes constitutes each winner's irrevocable consent to the publication of his or her name in on-air promotional announcements produced by Sponsor. The winner further grants Sponsor, Carnival, and their affiliates, digital properties, and advertising, promotion and production agencies, permission to use his or her name, voice, likeness, photograph, statements, opinions, biographical information and/or Sweepstakes entry used in any and all advertising and promotional materials, whether relating to this Sweepstakes or otherwise, in any manner or media whatsoever, worldwide, now known or hereinafter developed, including websites operated by Sponsor or Carnival, for purposes of advertising, trade or promotion, in perpetuity, without additional notice, payment, or other compensation unless prohibited by law and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize. The winner acknowledges and agrees that he or she shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, or distortion of his or her name or address. Sponsor will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party, including Carnival, to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, Sponsor's privacy policy and all applicable laws and regulations.
7. Participation. By participating, Participants agree to be bound by these Official Rules and the decisions of Sponsor and any Sweepstakes 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 Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes 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. Release. BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS, DEFEND AND INDEMNIFY EACH OF SPONSOR, COX MEDIA GROUP, LLC, COX ENTERPRISES, INC., CARNIVAL, AND THEIR RESPECTIVE PARENTS, 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”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE SWEEPSTAKES, 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 SWEEPSTAKES; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE SWEEPSTAKES OR ANY PRIZE.
9. Limitations of Liability.
NEITHER SPONSOR OR CARNIVAL, NOR THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATED ENTITIES, IS RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY SWEEPSTAKES-RELATED MATERIALS OR TRANSACTIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION. WINNER IS SOLELY RESPONSIBLE FOR PAYMENT OF ALL FEDERAL, STATE, AND LOCAL TAXES ON PRIZE AND FOR ANY OTHER EXPENSES NOT SPECIFICALLY MENTIONED IN PRIZE DESCRIPTION. SPONSOR RESERVES THE RIGHT TO CANCEL OR MODIFY SWEEPSTAKES IF FRAUD OR TECHNICAL FAILURE COMPROMISES THE INTEGRITY OF THE SWEEPSTAKES AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION.
THIS SWEEPSTAKES OFFER IS BEING MADE EXCLUSIVELY BY THE SPONSOR. SPONSOR IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FRAUD; INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSION WHETHER CAUSED BY SPONSOR, USER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESS OF SUBMISSIONS WHICH MAY LIMIT A PARTICIPANT’S ABILITY TO PARTICIPATE IN THIS SWEEPSTAKES.
If for any reason a Participant’s entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Participant’s sole remedy is another entry into the Sweepstakes, subject to availability and provided that this Sweepstakes has not then expired.
Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. 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 prizes by a random drawing among all legitimate eligible prize claims.
10. Construction. Participants waive any right to claim ambiguity in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. 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.
11. Miscellaneous. 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 Sweepstakes. Sponsor reserves the right to amend, suspend or cancel the Sweepstakes at any time. For a list of winners (available after Friday, February 12, 2016) or a copy of these Official Rules, visit www.kiss104fm.com or send a self-addressed, stamped envelope to "Winners List/Official Rules" (as applicable), Art & Roy's Carnival Cruise, 1601 West Peachtree Street NE Atlanta, GA 30309. If you have any questions regarding this Sweepstakes, please contact the Promotions and Marketing Department of WALR-FM via email at justin.tysinger@coxinc.com or mail at 1601 West Peachtree Street NE, Atlanta, GA 30309.
12. Sponsor. Cox Radio, Inc. d/b/a WALR-FM/KISS 104.1, 1601 West Peachtree Street NE, Atlanta, GA 30309.
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