102.3 WMBX-FM – “STEVE HARVEY’S MARCH BALDNESS 2019” SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
- Eligibility: The 102.3 WMBX-FM – “Steve Harvey March Baldness 2019” Sweepstakes (the “Sweepstakes”) is open only to individuals who are 21 years or and residents of Florida and who reside within 150 miles of Hubbard Radio West Palm Beach’s studio located at 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407, to be eligible to win. No purchase necessary to enter the Sweepstakes. Employees of Hubbard Radio West Palm Beach, LLC and its radio station 102.3 WMBX-FM, (the “Sponsor”), Hubbard Radio, LLC, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes (collectively with Sponsor, the “Released Parties”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes 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 Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Period: The Sweepstakes begins at or about 8:00 AM Eastern Time (“ET”) on March 18, 2019 and ends at 11:59:59 PM ET on March 31, 2019 (the “Sweepstakes Period”).
- How to Enter: To enter via the online method of entry, visit https://www.x1023.com/?post_type=contests&p=49147 (“Website”) during the Sweepstakes Period, find, complete and submit the online entry form, which includes your name, email address, address and telephone number, and uploading a a picture of your face showing off your baldness (“Photo”). Sponsor is not responsible for problems accessing the Website or completing the entry, technical or atmospheric conditions that disrupt the completion of the entry, or any other problems which might or might not result from this Sweepstakes. All online entries must be received by 11:59:59 AM MT on March 29, 2019 to be eligible. Limit one (1) entry per person via the online method of entry.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the Facebook account is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the Facebook account associated with the winning entry and complete an affidavit and/or any applicable releases. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor.
- Photo Criteria: Entrants agree to and understand that the Photo may be made available to the public, including without limitation, posting on Sponsor’s website, social media pages, and may appear in Sponsor’s advertising and marketing materials without notice or compensation to you. Whether or not Photo is published online, Sponsor does not covenant or guarantee any confidentiality with respect to any Photos.
- Each Photo must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
- By uploading the Photo the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Photo at its sole discretion through any media available at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any location, whether physical or online. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant’s heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo and any portion thereof, or the likeness of any natural person therein.
iii. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo.
- Photos must not contain material that: (1) contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; (2) violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights; (3) contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (4) contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (5) contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; (6) references persons or organizations without their written permission; (7) disparages any persons or organizations; (8) includes threats to any person, place, business, or group; (9) is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Photo to comply with the preceding requirements and restrictions, as determined by Sponsor, in its sole discretion, may result in disqualification of entrant’s entry. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Promotion or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photos must be suitable for presentation in a public forum, in sole determination of Sponsor.
- Random Drawing; One (1) Grand Prize winners will be selected via a random drawing to be conducted by Sponsor on or about April 1, 2019, from among all eligible online entries received during the entire Sweepstakes Period. Decisions of Sponsor are final and binding. Odds of being the Grand Prize winner via the online method of entry depend on the number of eligible entries that are received during the entire Sweepstakes Period. The potential Grand Prize winner will be notified by Sponsor via email or telephone on or about the day of the random drawing. Failure to respond to the winner notification within two (2) days will be deemed forfeiture of the Grand Prize and an alternate winner may be selected at Sponsor’s sole discretion, time permitting. Sponsor is not responsible for email message notifications that are undeliverable or not received, or voicemail messages not received.
- Prizes and Approximate Retail Values (“ARV’s”) – One (1)Grand Prizes –Two (2) One (1) day SeaWorld Orlando Seven Seas Festival . ARV: $339.98. Tickets expire on December 31, 2019. If the tickets have not been used prior to December 31 2019, the Grand Prize winners will forfeit his/her right to the prize. One (1) night/two (2) day standard room. ARV:$670.02. One (1) hotel food and beverage gift card. ARV:$100.00 Total ARV of all Grand Prizes is $1,110.
Tickets are subject to the terms, conditions and restrictions as printed on the tickets. Prizes consist of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner, but Sponsor may substitute the prize, or any portion thereof, for a prize of equal or greater value at Sponsor’s sole discretion for any reason. All local, state, and federal taxes on the Prize are Winner’s sole responsibility. The winner is responsible for applicable taxes and fees. Universal Studios, its parent subsidiary, related and affiliated companies and their respective officers, directors, employees and agents shall be released and discharged from any and all legal claims, losses injuries, demands, damages, actions and or causes of actions which arise out of and/or in any way relate to the Prize, the receipt, use and/or enjoyment if the Prize and/or the Sweepstakes.
The prize is non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prize consists of only those items specifically listed as part of the Prize. The winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable income taxes associated with accepting their Prize.
The Grand Prize winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Grand Prize winners will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize, and complete a W9 tax form. A 1099 form will be submitted to all appropriate taxing authorities, and by signing a Prize Release, the Grand Prize winners accepts the Grand Prize, and even if the Grand Prize winner does not use the Grand Prize, he/she will be responsible for the applicable taxes.
- Claiming the Prize: Upon winner verification, as a condition of being named an official winner, each potential winner must claim his/her prize in person at 102.3 WMBX-FM located at 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407, during normal business hours (Monday-Friday, 9:00 a.m. to 5:00 p.m.) within five (5) business days of the day he or she wins to verify that he/she is the qualified winner and may be required to sign a Publicity and Liability Release (“Release”) upon (and as a condition of) picking up the Prize. Failure to comply with this deadline shall be deemed to be the winner’s forfeiture of his or her right to claim the Prize. The winner must prove he or she is a qualified winner by presenting acceptable identification (g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification).
- Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless 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 participation in this Sweepstakes, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Sweepstakes 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 Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: The Released Parties as set forth above 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 Sweepstakes; (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 participation process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of phone calls; 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 Sweepstakes or receipt or use or misuse of any Prize.
- Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
- Official Rules/Winner’s List: For a copy of these Official Rules, see the Website until April 31, 2019. For a list of winners, please send a self-addressed stamped envelope, to be received no later than April 5, 2019, to: 3 WMBX-FM, Steve Harvey March Baldness 2019 Winners List, 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407.
- Sponsor: Hubbard Radio West Palm Beach, LLC and its Station 102.3 WMBX-FM, 701 Northpoint Parkway, Suite 500, West Palm Beach, FL 33407.