Final Rules
WXFX-FM
Alabama
4.19.11
CROWN ROYAL AND WXFX – THIS STORY CALLS FOR A CROWN CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY. THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE STATE OF ALABAMA WHO ARE 21 YEARS OF AGE OR OLDER. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.
1. To Enter: This contest begins at 12:01 a.m. (CST) on May 9, 2011 and ends at 11:59:59 p.m. (CST) on June 5, 2011 (“Contest Period”). To enter, email crownroyalcatch@wxfx.com withyour picture of your best fishing related experience with a short story of 50 words or less briefly describing your fishing experience (every word including “a” and “the,” for example, counts). Photographs must be original, unaltered, 1 MB in size, on which no image editing software has been used. One entry per person. Multiple entries will automatically result in disqualification. Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect the ability of the Sponsor to notify the winner. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, or incorrect entries or other contest materials, all of which are void. Facsimiles or mechanical reproductions will not be accepted.
2. Prizes: One (1) Grand Prize will be awarded. The winner will receive a two (2) night, three (3) day hotel stay for six (6) based on double occupancy, a 6 person, 6 hour guided deep sea fishing excursion in the Gulf of Mexico, with a Top Charter Captain from Captain Anderson's Marina Fleet's renowned Captain Benji Kelley. All other expenses are the sole responsibility of the winner. Approximate retail value of prize is $1,500.00.
3. Judging Criteria: Winners will be determined on or about June 6, 2011, by radio station personnel, whose decisions will be final in all matters relating to this Contest. The criteria for judging will be originality 50%, and creativity 50%. The winner will be notified by telephone on or about June 6, 2011, and will be required to sign an affidavit of eligibility and liability/publicity release within five (5) days of notification or prize will be forfeited and may be awarded to another winner at Sponsor’s sole discretion. If winner cannot be located or does not respond within five (5) days, prize will automatically be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. Trip winner’s guest must sign and return a liability/publicity release form prior to travel. Except where prohibited by law, acceptance of prize constitutes winner’s consent for Sponsor to use an entrant’s name, city and state of residence, voice, signature, statements, Contest entry, biographical information, photograph and/or likeness for advertising and/or publicity purposes without any additional compensation or consideration. Entrants expressly agree to waive any and all rights to publicity that they have or may have arising out of or relating to the Contest.
4. Contest Entries: All materials, documents, information and data submitted to the Sponsor in connection with this Contest, including but not limited to the Contest entry, photo and/or caption (collectively “Contest entry”) are the property of Sponsor, will not be returned and cannot be acknowledged. By entering the Contest, entrants represent and warrant that their Contest entry is their sole, original work and that it does not infringe upon the rights of any other party, including but not limited to any intellectual property, trade secret or other proprietary rights of any other party. By submitting a Contest entry, entrant further represents and warrants that any person(s) referenced has given his or her express written consent to the reference and use as contemplated by these Official Rules and that entrant has obtained written permission for such use from any such person. Submission of a Contest entry grants Sponsor the right to use, publish, adapt, edit and/or modify Contest entry in any way, in whole or in part, and to use such Contest entry, and any ideas or concepts contained therein, in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the Contest entry. Submission of a Contest entry further constitutes the entrant's consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the Contest entry, including but not limited to all intellectual property rights and proprietary rights worldwide. Any content, material or information included in Contest entry shall not be confidential, proprietary or trade secret. By submitting a Contest entry, entrant consents to Sponsor’s use, reproduction and disclosure of the Contest entry, and ideas, concepts or other materials contained therein, for any purpose, including any commercial purpose.
Thephotographsubmitted must be taken solely by the entrant. By submitting an entry, entrant represents and warrants that: (i) his/her photograph is the sole and original creation of the entrant and has not been copied in whole or in part from any other work; (ii) the entry does not violate or infringe any copyright, trademark, trade name, trade secret or other proprietary right of any person or entity; and (iii) the person(s) depicted in the photograph has given his or her express written consent to its submission into the contest and use as contemplated by these Official Rules and by submitting any photograph that contains the name, image, voice, signature, statements or likeness of any person, you hereby represent and warrant that you have obtained such written permission. Any photograph that contains third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry. Submission of a Contest entry grants Sponsor the right to use, publish, adapt, edit and/or modify entry in any way, in whole or in part, and to use such entry in commerce and in any and all media now known or hereafter discovered, worldwide, including but not limited to Sponsor’s website, without limitation or compensation to the entrant and without right of notice, review or approval of any such use of the entry. Judges will disqualify any Contest entry published in magazines, papers, or any other medium, or entered in other contests. Any Contest entry that contains third party artistic works, copyrights, trademarks, trade names, logos, similar brand identifying marks, trade secrets or other proprietary rights will not constitute a valid Contest entry.
Photographs containing full or partial nudity, defined as the display of the genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering or the showing of the breast with less than a fully opaque covering of any part of the nipple, or any lewd or sexually suggestive gesture will be disqualified. No photograph shall (a) depict persons consuming alcoholic beverages (b) depict persons conducting themselves in an inappropriate manner (c) contain material that would imply that the consumption of alcoholic beverages is acceptable before or while operating machinery, driving a vehicle or undertaking any other activity that requires a high degree of alertness or physical coordination, (d) contain any material that would degrade or demean the human form, image or status of women, men or the members of any group based on race, religion, ethnic background, sexual orientation or any other minority status, or (e) include an image of any person that appears to be under 21 years of age. All photographs must depict individuals who are 21 years of age or older. Obscene, provocative, lewd or otherwise objectionable content or those which reflect poorly on Crown Royalbrand will not be considered and the determination of the appropriateness of any photograph or video submitted is at the sole discretion of the Sponsor and/or Judges.
5. Eligibility: This contest is open only to legal residents of the State of Alabama who are 21 years of age or older at the time of entry. Void wherever prohibited or restricted by law. Employees of the following entities and members of their families or households are not eligible for participation under any circumstances: Diageo Americas, Inc., WXFX-FM Radio, its subsidiaries and assignees, and its respective affiliates, printers, advertising and promotion agencies, alcohol beverage suppliers, importers, wholesalers, distributors or retailers. All federal, state and local laws apply.
6. General Conditions: Entry in the Contest constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Cash equivalent may be less than the approximate retail value of the prize. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on the prize are winner’s sole responsibility. By accepting the prize, winner waives the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize. Trip winner’s guests be also be 21 years of age or older and must travel on the same itinerary and sign a Guest’s Liability and Publicity Release. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation. Sponsor reserves the right to conduct a background check of any criminal records of the prize winners and travel companions. To the extent necessary and permitted by law, prize winners and travel companions shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winners and/or travel companion(s) from any prize element, based on the background check. Winner also accepts sole responsibility for any miscellaneous costs relating to acceptance of prize.
Entrants hereby agree to indemnify and hold Sponsor harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above.
Prize is to be picked up between the hours of 9 a.m. and 5 p.m., Monday to Friday, at WXFX-FM 1 Commerce St Suite 300, Montgomery, Alabama. Winner must furnishan original Affidavit of Eligibility and Release and original proof of date of birth. No prize will be released until the Affidavit and proof of birth is furnished to the radio station.
The value of the prize won by a participant under the contest may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with the prize. Winner will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099. Upon receipt of a prize, the winner shall be required to comply with any and all applicable federal, state and local law, rules and regulations.
In consideration of the undersigned's receipt of any prize, prize winner for himself or herself and his or her guests, heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever shall release, waive and discharge Sponsor and all related parties from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Contest, including, but not limited to, prize winner’s participation in the Contest; prize winner’s Contest entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim.
Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion at any timewithout notice or further obligation.
7.Electronic Entries: In the event of a dispute, on-line entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete or postage–due mail-in entries, or for on-line entries not received due to lost, failed delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error which may occur in the processing of entries in this Contest. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Contest, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Contest. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
8. Winner’s List: For a list of winners, please send a self-addressed stamped envelope to WXFX-FM 1 Commerce St Suite 300, Montgomery, AL. All requests for the winner’s list must be postmarked by June 11, 2011 and received by June 16, 2011.
Sponsor: WXFX-FM, Montgomery, Alabama.
Diageo Americas, Inc., is not connected with the prizing of this promotion.
(c)2011 The Crown Royal Company, Norwalk, CT.
Please Drink Responsibly.