KS95 and Mystic Lake Cruisin For a Fusion CONTEST Official Rules

Transcription

1 KS95 and Mystic Lake Cruisin For a Fusion CONTEST Official Rules NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES. 1. Eligibility: The KS95 and Mystic Lake Cruisin For a Fusion Contest (the "Contest") is open only to individuals who are 18 years or older and residents of Minnesota or Wisconsin and who reside within 150 miles of KS95 s studio located at 3415 University Avenue, St. Paul, MN 55114, to be eligible to win. No purchase necessary to enter the Contest. Employees of KSTP-FM, LLC and its radio station KS95 and Mystic Lake Casino (collectively, the "Sponsor"), SMSC Gaming Enterprise SMSC Members, employees of any Gaming Enterprise advertising or printing vendor; and employees of any vendor sponsoring the promotion, 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 Contest (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 Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Contest Period: The Contest entry period occurs between 2:00 PM Central Time ( CT ) and 7:00 PM CT from January 19, 2017 through January 25, 2017 (the "Contest Submission Period"). 3. How to Enter: To participate in this Contest, listeners need to call and leave a detailed voic message telling the story as to why he/she deserves to be a contestant at the Mystic Lake Cruisin for a Fusion Contest Event ( Story or Stories ) that is scheduled to occur from 9:00 AM CT on February 2, 2017 through 3:00:00 PM CT on February 3, 2017 ( Event Period ) at Mystic Lake Casino where each contestant will hold his/her bare hand on a Ford Fusion during the Event Period for a chance to win the Grand Prize ( Contest Event ). Voic messages must not exceed two (2) minutes. Each caller must also leave their first and last name (with spelling) and daytime telephone number. By leaving a message, each caller hereby acknowledges and agrees that his/her story (or a portion thereof) may be aired on the air at any time by Sponsor without any prior consent by or notification to the caller. Sponsor is not responsible for telephone line or voic unavailability, busy signals on the Contest line, operator interference, technical or atmospheric conditions that disrupt the completion of the phone call, telephone system malfunctions, or any other telephone problems which may or may not result from this Contest. Limit one (1) entry/story per person/caller. 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. 4. Finalist Judging Criteria: On Thursday, January 26, 2017 after listening to all of the stories submitted, Moon & Staci will determine who will be deemed the two (2) Finalists who will move on and participate in the Contest Event, from among all Stories. The Stories will be judged using the following criteria and percentages ( Judging Criteria ): (1) ability to tell the Story (49%) and (2) degree of need to participate in the Contest Event as told in the Story (51%). The top 2 Stories with the highest percentages using the Judging Criteria from among all Stories will be deemed the Finalists and those Finalist s names may be announced over the air on KS95. Each Contest will be notified by telephone on or about January 26, Sponsor will make up to three attempts in a 24 hour period of time to reach each potential

2 Finalist. In the event the potential Finalist cannot be reached for any reason after 3 attempts, that potential Finalist forfeits his/her right to participate in the Contest Event, and the Story with the next highest percentage will be deemed the potential Finalist. Once notified and Finalist confirms he/she can attend the Contest Event, that person will be deemed the official Finalist. 5. Contest Event Each Finalist must be a Mystic Lake Rewards Card ( M Card Member) to participate in the Contest Event, a valid driver s license needed to enroll. In the event a Finalist is not an M Card Member, he/she must arrive at Mystic Lake Casino at or about 7:00 AM CT on February 2, 2017 and obtain a free M Card and then scan his/her club card at a promotional kiosk to receive one free entry into the additional Mystic Lake drawings. Then, each Finalist must check in any time between 8:00 AM and 8:30 AM CT at the Mystic Lake Minnehaha Café on February 2, 2017 where he/she will have to sign a Liability Waiver as a condition of participating in the Contest Event. Upon checking in, each of the two (2) Finalists will receive a KS95 t-shirt, which they must wear throughout the entire Contest Event, or will be disqualified. The two (2) Finalists will be joined by four (4) other contestants that were selected by Mystic Lake Casino in a separate contest to participate in the Contest Event, for a total of six Contest Event participants (collectively, the Contestants ). The Contest Event will begin at 9:00:00 AM CT on February 2, 2017 and will run through 3:00:00 PM CT on February 3, 2017, or when the last Contestant is remaining with his/her hand on the Ford Fusion, whichever occurs sooner. Each Contestant agrees to abide by and be bound by the Contest Event Rules at are set forth in Official Rule #6 below. In the event there is more than one Contestant remaining at 3:00:00 PM CT on February 3, 2017, there will be a non-skill based random drawing to determine the winner from among all tying Contestants. 6. Contest Event Rules: The hand on car endurance challenge will run continuously until the last Contestant remains. If a Contestant is physically unable to participate in the Contest Event, he/she may designate an alternate to play. Alternates must be at least 18 years old, and any prizes won will be awarded in the names of the Contestant for whom they are playing. If a Contestant does not show up at the start of the Contest Event, names will not be redrawn and the Contestant will be disqualified. Each Contestant will be assigned a charity before the start of the Contest Event. The Contestant who wins the car will also win a $5,000 donation to their assigned charity. Contestants must hold one bare hand on the car at all times in their allocated position or they will be disqualified by one of the judges. Contestants may switch hands as long as at least one hand is continuously touching the car. Contestants may not affix their hand to the car in any way. Contestants may not pin their hand between their body and the car in any way. Contestants must stand at all times or be deemed to have ended their participation. Only clothing may be worn during the challenge. No sleeping bags, pillows or any other item the judges deem inappropriate. Contestants will be awarded a 10 minute break every 2 hours and a 20 minute break every 6 hours. Food vouchers and water will be provided to all competitors during breaks. Judges will not assist Contestants with water or food outside of break times. Contestants can drink and eat during the Contest Event as long as one hand stays on the car and they are not assisted by any judges or spectators. Contestants must return to their allocated position on the car by the end of each break or they will be disqualified. Contestants may have the support of family or friends during each break. Contestants may not harass or interfere with any other Contestant, or they will be disqualified and will not receive a Prize.

3 Spectators may not harass or interfere with any competitor or they will be removed from the area. Judges will be onsite 24 hours per day. Only a judge can disqualify a Contestant. Judges decisions are final. Surveillance can be used for any discrepancies at the judge s discretion. If the competition is still active at 3 p.m. on February 3, 2017, all remaining Contestants will participate in a random drawing to determine the winner s prize ranking. Contestants must have a valid driver s license or state-issued photo ID and provide a valid social security number to win cash and prizes. All winners of $100 or more must complete a miscellaneous prize claim form/1099 log. Winners shall be solely responsible for federal, state and local taxes. Any dispute or situation not covered by these Contest Event Rules will be resolved by SMSC Gaming Enterprise management in a manner deemed by them to be the fairest to all concerned, and that decision shall be final and/or binding on all Contestants. The order of the prizes awarded (Grand, First, Second, Third, Fourth, Fifth, and Sixth) will be determined by the order in which the Contestants drop out of the Contest Event by removing their hand from the Ford Fusion (e.g., the first person to remove his/her hand will be deemed the 6 th Prize Winner, the second person to remove his/her hand from the vehicle will be the 5 th Prize Winner and so on). 7. Prizes and Approximate Retail Values ( ARV s ) - One (1) Grand Prize A 2017 Ford Fusion (or, a cash option of $20,000), and $5,000 to the Contestant s assigned charity provided at check-in. Any warranties and guarantees are strictly limited to the manufacturers. The Grand Prize winner agrees to comply with all applicable laws and regulations regarding vehicle ownership, including, but not limited to, those dealing with the registration, licensing and insuring of a vehicle. License/title fee, administrative fees and sales and vehicle taxes are included in the prize. The cost of any changes or additions are not included and are solely the responsibility of the winner. Vehicle described, displayed and/or pictured may not be the actual motorcycles awarded. Vehicle prize recipient may be responsible for any additional title, taxes, license, insurance and registration fees associated with the prize. Sponsor reserves the right to substitute a prize of equal or greater value if the specific prize is not available at the time of the awarding of the prize. The winner hereby represents, and Sponsor and the other sponsors rely upon such representation, that the winner (a) is familiar with and has knowledge of the risks, dangers, hazards and perils involved in the ownership and/or use of a vehicle, (b) understands and acknowledges that the ownership and/or use of a vehicle may be dangerous and may expose the owner and/or user to injury and liability, and (c) hereby fully assumes any and all responsibilities, liabilities and risks arising from, related to, or connected with the ownership and/or use of the vehicle from the time the vehicle is delivered to winner, including, without limitation, serious injury, temporary or permanent disability and death, regardless of the causes. WINNER ON BEHALF OF HIMSELF OR HERSELF, AS WELL AS HIS OR HER HEIRS AND ASSIGNS, VOLUNTARILY ELECTS TO ACCEPT ALL RISKS arising from, related to, or connected with the ownership and/or use of the motorcycle from the time the vehicle is delivered to winner. A 1099 form will be submitted to all appropriate taxing authorities for the Grand/First Prize Ford Fusion or $20,000 Cash Option. One (1) Second Place Prize - $2,500 in Mysticash. ARV: $2, One (1) Third Place Prize - $2,000 in Mysticash. ARV: $2, One (1) Fourth Place Prize - $1,500 in Mysticash. ARV: $1,500. One (1) Fifth Place Prize - $1,000 in Mysticash. Arv: $1,000. One (1) Sixth Place Prize - $ in Mysticash. ARV: $500. Mysticash may not be redeemed for cash. Mysticash expires after 90 days of issuance. Upon winning, each winner s Mysticash will automatically be added to winner s M Card. M Card s are non-transferable and are subject to the M Card s terms and conditions.

4 The prizes will be awarded only if the potential winners fully comply with these Official Rules. Prize consists of only those items specifically listed as part of the prize. No cash or other substitution allowed by winner unless specified above, 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, if any. The prizes are 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. 8. Claiming the Grand Prize: The Grand Prize winner must claim his/her prize as agreed to by the winner and Mystic Lake representatives. Failure to comply with the deadlines described by the Mystic Lake representatives shall be deemed to be the Grand Prize winner s forfeiture of his/her right to claim the Grand Prize. The Grand Prize winner must prove he/she is the qualified winner by presenting identification acceptable to Sponsors as a condition of claiming the Grand Prize (e.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). If the Grand Prize winner cannot show identification as set forth above or meet all other requirements set forth herein, he/she will forfeit his/her right to claim the Grand Prize. All unclaimed prizes remain the property of Sponsors. 9. 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 Contest; (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 Contest 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 Contest and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor s use for promotional purposes, of his/her likeness, voice (including a recording of the winner's telephone call to the station) and/or address (city/state) without any additional compensation. By calling in to participate in this Contest, each participant consents to his or her voice and telephone conversation being recorded and/or broadcast. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, 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 Contest 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 Contest 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

5 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. 11. 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 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 participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest or receipt or use or misuse of any Prize. 12. 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 Contest 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 Minnesota; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, 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 Contest shall be governed by, and construed in accordance with, the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules (whether of State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota. 13. Official Rules: For a copy of these official rules, send a hand-printed, selfaddressed, stamped envelope by February 28, 2017 to: Official Rules, KS95 Mystic Lake Cruisin for a Fusion Contest, 3415 University Ave, St. Paul, MN Sponsors: KSTP-FM, LLC and its station KS95, 3415 University Ave, St. Paul, MN 55114, and Mystic Lake Casino.