99.1 WMYX “Christmas Choir Competition”
Contest
OFFICIAL RULES UPDATED DECEMBER 6, 2007
THE CONTEST
1. Entercom Milwaukee, LLC (d/b/a WMYX) (the “Station”) will conduct a contest (the “Contest”) for Milwaukee area high school choirs (see eligibility requirements below) to receive an opportunity to win $1,000 (the “Prize”)
2. No Purchase Necessary to enter or win the Contest. The Contest is void where prohibited. All federal, state and local laws and restrictions apply.
3. Contest will begin on November 1, 2007 and end on Friday, December 14th, 2007 in the 7am hour (the “Contest Period”)
4. Odds of winning depend, in part, on the total number of entries received.
ENTRY
5. Beginning Thursday, November 1, 2007, Station will give Milwaukee area high school choirs the opportunity to participate in a “Holiday Choir Competition” in order to win a $1,000.00 check for their high school. High schools wishing to participate may be public or private, but must be located in one the following Wisconsin counties: Milwaukee, Waukesha, Ozaukee, Washington and Racine, and accredited by the State of Wisconsin.
6. Employees of the Station, Contest sponsors and any other Milwaukee area radio stations, and their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies at any time during the applicable contesting period and the immediate family and other household members (i.e., spouses, parents, legal guardians, grandparents, children, grandchildren, roommates, housemates, significant others, partners and siblings) of each of the above are NOT eligible to enter and/or to win the Contest
7. One entry per choir (each an “Entry” and collectively “Entries”). High schools that have multiple choirs based on grade level, size, etc, may submit multiple Entries provided that no person performs in more than one Entry. Each Entry must be submitted as a separate compact disc (CD) via mail or dropped off at Station 11800 W. Grange Avenue, Hales Corners, WI 53130 during regular business hours (Mon-Tues-Thurs-Fri 8am-5pm, Wednesdays 8am-7pm (excluding holidays, which includes November 22nd and November 23rd, 2007).
8. Entry deadline is Monday, November 26, 2007 at 5pm (CT). Entries received after this deadline will not be entered into the Contest.
9. For the purposes of this Contest, a ‘Choir’ is defined as a singing group containing four (4) or more performers. Entries containing fewer than four (4) performers will not be accepted. Performers must be high school students of grades 9 through 12.
10. High school choir directors (each a “Representative” or an “Entrant”) are responsible for submitting an Entry before 5pm Monday, November 26, 2007. Each entry must include one (1) holiday song recorded on a CD, the school and choir name, the school’s physical address, and Representative’s name and contact information (work number and cell phone). The Representative submitting the Entry is responsible for obtaining written permission from ALL performers (or from a parent or legal guardian if the performer is under 18 years of age), consenting to submission of the Entry and participation in the Contest. Representatives must be employees, not students, of the high school for which they are submitting an Entry, and 18 years of age or older. Please Note: Failure to submit the items as requested (including sending more than 1 song per choir) will result in immediate disqualification.
11. By entering this Contest, Entrants represent warrant and covenant that they have obtained permission from all performers (or from a parent or legal guardian if the performer is under 18 years of age), consenting to submission of the Entry, participation in the Contest and agreement to the terms of these official Contest rules.
12. By entering this Contest, Entrants understand and agree that Station may elect to use any Entry submitted for entertainment purposes on-air and may choose to “make fun” of any entry submitted. Entrants waive any right to make any claim against Station, or any Contest sponsors with respect to any disparaging comment made on-air about such entrant’s entry.
13. By entering this Contest, Entrants represent, warrant and covenant that (i) except for music performance licenses available to the Station from ASCAP, BMI and SESAC (which does NOT include use of another party’s performance (i.e. karaoke style), (ii) the content of Entry will not violate or infringe any rights of third parties; and (iii) Entrants have the right and authority to grant the to the Station rights to the content provided in the Entry.
14. By entering this Contest, Entrants and associated high schools which Entrant represents agrees to indemnify, defend and hold Station harmless from and against any claims, expenses proceedings, suits, actions or costs (including costs from reasonable attorneys’ fees) of any kind or nature incurred by Station on account of a breach by Entrant of any of their representations, warranties, covenants or agreements as a result of Entrant’s participation in the Contest.
WINNING
15. Up to twelve (12) Entries will be selected by Station from among all eligible Entries to participate in the Contest, based on professional sound and performance quality and such other criteria as determined in the Station’s sole discretion (each, a “Qualifier”). Station’s decision on selection of Qualifiers shall be final and non-appealable. Qualifiers will be randomly placed in up to four (4) groups (up to 3 Qualifiers per group) of equal (to the extent possible) size. Commencing in the 7am hour on Thursday, November 29th 2007 each Qualifier in Group 1 will receive one (1) portion of airplay of the CD recording submitted in their Entry on Station. Listeners will be encouraged to vote for their favorite at www.991wmyx.com by clicking on “Jane and Kidd” and “Christmas Choir Competition”. Votes for Group 1 Qualifiers will be accepted until 11:59pm (CT) Thursday, November 29th, 2007. Groups 2 through 4 will be played and voted on in the same manner as set forth above, respectively, Friday, November 30, 2007, Monday, December 3, 2007 and Tuesday, December 4, 2007. The Qualifier that receives the most votes each day will move on to round 2 (as described in the Paragraph immediately below). At this point, all of the other Qualifiers that did not receive the most votes out of their respective Group will be eliminated from the Contest. In the event of a tie, the Station will randomly select one (1) Qualifier moving on to round 2 from the Qualifiers that resulted in the tie.
16. Round 2 begins on Friday, December 7, 2007. The Qualifiers that received the most votes out of Groups 1 and 2 will be played again in the 7am hour, and listeners may vote for their favorite of those two at www.991wmyx.com by clicking on Jane and Kidd and “Christmas Choir Competition” until 11:59pm (CT) that same day. The Qualifiers that received the most votes of Groups 3 and 4 will be played and voted on in the same manner as set forth above on Monday, December 10, 2007. In the event of a tie, the Station will randomly select one (1) remaining Qualifier moving on as a Finalist from the remaining Qualifiers that resulted in the tie.
17. On Tuesday, December 11th, 2007 the two (2) remaining Qualifiers receiving the most votes in each of the previous two (2) days in round 2 (each a “Finalist”) will be played again in the 7am hour and listeners may vote for their favorite of those two at www.991wmyx.com by clicking on “Jane and Kidd” and “Christmas Choir Competition” by until 5pm (CT) Thursday, December 13, 2007. The Finalist receiving the most votes at conclusion of the voting at 5pm (CT) on Thursday, December 13, 2007 will be declared the winner, upon confirmation of eligibility (the “Winner”), and will be named on-air on Friday, December 14, 2007 in the 7am hour and contacted at the telephone number provided to Station on the potential Winner’s entry within forty-eight (48) hours on-air announcement. Potential Winner need not listen to win. Station will only be required to leave one (1) message at the telephone number provided in potential Winner’s entry. If no answer, response, wrong number or answering machine is reached, Station will not be obligated to attempt any further contact. There will only be one (1) Winner, if any, in this Contest. In the event of a tie among the Finalists, the Station will randomly select a Finalist as the Winner.
18. Use of robotic, automatic, programmed or similar voting modes is prohibited and will be void.
PRIZES
19. One (1) Prize, if any, will be awarded in the form of a company check for $1,000 payable to the high school [Station has no obligation to the Winner regarding the application of the check funds by high school, which includes but is not limited to how the funds are used by the high school and the timing of the distribution of the funds by high school] which must be picked up by either the choir Representative (as defined above) or the high school principal at the Station’s studios at 11800 W. Grange Avenue, Hales Corners, WI 53130 during regular business hours (Mon-Tues-Thurs-Fri 8am-5pm, Wednesdays 8am-7pm, excluding holidays). Check will not be mailed, unless otherwise determined by the Station. School must fill out a W-9 form and return it to the radio station for tax purposes.
20. Station will notify Winner by telephone when Prize check is available to be picked up. Station will only be required to leave one message at the number provided with the Entry. If no answer or answering machine is reached, Station will not be obligated to attempt any further contact. If Prize is not claimed within thirty (30) business days of notification of availability for pick up then the Prize will be forfeited.
21. There will be only one (1) Prize awarded, if any. Any references in these rules to prizes (plural) shall be deemed to mean Prize (singular).
22. Prize will be released to choir Representative (as defined above) or the high school principal only. Person collecting the Prize will be required to present a valid state photo ID and school taxpayer identification number, if applicable, in order to pick up any Prize. Representative or principal may be required to fill out other required forms or provide additional documentation at the request of Station management. Station reserves the right to examine identification and may reasonably choose to accept or deny awarding the Prize based on the information presented. Winner is required to sign a Release relieving the Station, its parents, subsidiaries, officers, directors, members, managers, employees, agents and Contest sponsors, if any, from any and all liability with respect to the Winner’s participation in the Contest and the receipt and/or use of the Prize. Any person who refuses to sign the Release and/or provide a taxpayer identification number will forfeit the Prize.
23. Prizes are not transferable or assignable. Winners must claim their Prize within 30 business days of being notified by Station of when check is available to be picked up from Station’s studios. In the event that a Winner fails to claim their Prize within such 30-day period, such Winner shall forfeit their Prize.
24. Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the Prize, as set forth in the Contest rules, and may be issued an IRS 1099 form for all prizes won from Station where the aggregate value of all prizes is $600 or more.
25. If Prize is forfeited under these rules, then it will remain the property of the Station and a new winner of such Prize will not be selected.
MISCELLANEOUS
26. Station retains sole and exclusive possession and retains all rights to use any performance Entry, or any part thereof, indefinitely in any promotions including but not limited to on-air usage without any compensation to Entrants or any third parties. The aforementioned stipulations apply to all winning and non-winning Entries. Station is not responsible for any costs associated with submitting any Entry or any costs arising out of participating in the Contest or failure to adhere to official Contest rules.
27. By participating in the Station Contest, each Entrant and each associated participant hereby consents to the Station and Contest sponsors’, if any, usage of any one or more of the following for advertising and promotional purposes in all media without payment of additional consideration: school, choir and/or Representative’s name; recorded CD submitted in Entry; voice; likeness; and participation in the Contest. Each Entrant agrees to waive any claim of royalty or right of further remuneration for any such promotional use.
28. By participating in the Contest, each Qualifier, Finalist and/or Winner and each associated participant consents to the Station and its affiliates, employees, agents and all other related sponsors using for advertising and/or other promotional purposes, without additional compensation, such Qualifier, Finalist and/or Winner’s, image, voice and/or biographical information on radio or TV broadcasts, newspaper advertisements and/or any other medium in connection with such Qualifier, Finalist and/or Winner’s participation in the Contest. Each Qualifier, Finalist and/or Winner agrees that no additional compensation will be paid for such usage.
29. Station is not responsible for technical problems that may impact the ability of CD Entries to play in a CD player.
30. Station Management shall be the sole arbiters in all matters relating to the Contest and in the interpretation of Contest rules. Their decisions shall be final. Entry into the Contest constitutes agreement by each Entrant and each associated participant to abide by these rules, as well as any other rules established by Station.
31. By participating in a Station Contest, each Entrant and each associated participant hereby agrees that Station has no responsibility or liability in connection with any injuries, losses or damages of any kind caused by or resulting from the acceptance, possession and/or use of a Prize or an Entrant’s and each associated participants participation in any such Contest.
32. Entries received by Station that are mutilated, tampered with, illegible, from ineligible Entrants, or damaged in any way as determined by Station in its sole discretion will be void. Station is not responsible for lost, late, or misdirected mail. All Entries become the property of the Station and will not be acknowledged or returned. Entries that are determined by Station to be fraudulent will be void and the person making such an entry barred from further participation in the Contest.
33. Complete Contest rules are available throughout the Contest Period at the Station studios at 11800 W. Grange Avenue, Hales Corners, WI 53130 during regular business hours (Mon-Tues-Thurs-Fri 8am-5pm, Wednesdays 8am-7pm (excluding holidays, including November 22nd and November 23rd, 2007). or go online at www.991wmyx.com. For a winner list mail a self-addressed stamped envelope to the Station address identifying the name of the Contest. Requests for a winner list must be mailed and received by the Station after the Contest is over but prior to 4 months after the Contest has been concluded.
34. Station is not responsible for any technical difficulties that may prevent an individual from casting a vote at www.991wmyx.com. Station assumes no responsibility for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Station assumes no responsibility for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in this Contest; any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the website. If, for any reason, Contest, in the sole opinion of Station, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Station, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Station reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest.
35. Station reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) alter or amend these Contest rules at any time; and (iii) stop or conclude the Contest at any time without prior notice. Material changes to the Contest rules will be broadcast on-air, when practical.
