RULES FOR WNDV/U93 can be downloaded - or viewed by clicking the pdf file below
or viewed in person at U93 Studios
General Contest Rules for Artistic Media Partners, Inc. Stations
Promotion 2013 - SB
These are the General/Specific Contest Rules for active contests in 2013 – SB (“Promotions”) being held on Artistic Media Partners, Inc.’s (AMP) WNDV-FM, WSMM-FM, WSSM-FM, WDND-AM in South Bend, IN. If you ever have a question please call the station at 574-273-9300 extension 244. Specific contest rules may apply.
Artistic Media Partners
3371 Cleveland Road
South Bend, IN 46628
Sponsor: WNDV, WSMM, WSSM, WDND
Quantity Retail Value Odds of Winning
U93 – Gas or Cash
57 Events $100 per event
Indeterminable based on the
number of people listening and playing
Promotions are generally open for participation only by those listeners residing in the twelve County Indiana/Michigan service areas, defined as Berrien, Cass, and St. Joseph County in Michigan, LaPorte, St. Joseph, Elkhart, LaGrange, Starke, Marshall, Kosciusko, Fulton, and Pulaski counties in Indiana.
Contests and Promotions are not open to AMP employees, current and previous, subsidiaries or agents, employees of co-sponsoring participants in various Promotions, employee's and co-sponsor's immediate families, employee's and co-sponsor's household members, prior AMP or sponsor employees, and all other radio broadcast, television, electronic or print industry employees.
There is no purchase necessary to enter the Promotions.
Participation in Promotions constitutes permission of all Participants and winner(s) for AMP and participating sponsors to publicize and/or broadcast the promotion participant's name, image, photograph, character, likeness, voice, entry and the fact that he/she participated in and/or won the contest. There will be no additional compensation.
Certain prizes may be mailed to winners at the discretion of AMP with no prior arrangements or approval. No date sensitive prizes, weighed prizes or cash value prizes will be mailed. AMP is not responsible for any items lost in the mail.
Any qualifying prizes must be picked up at the station during regular business hours (8:30am to 5:00pm Monday through Friday - closed Holidays) within forty-five (45) days of winning or prize will be forfeited.
When the winner(s) of a Contest or Promotion are determined by a random drawing, odds of winning are determined by the eligible number of entries.
When on-air Promotions are conducted, odds are determined by the number of people listening who attempt to participate in each Promotion.
When a Contest or Promotion requires on-site registration, all entries must be completed, by hand, at the registration point. Entry blanks may not be removed from the registration site and returned later. Participants may enter once per event unless otherwise specified. Anyone found entering more than once will be disqualified.
If entry is required in any Contest or Promotion, all entries must be received by the specified entry deadline.
All Promotion participants must be at least 18 years of age. If a minor wins a Promotion, then in that case the prize may be awarded in the name of a parent or legal guardian if specifically approved by Artistic Media Partners Inc Management.
Only one person per household may qualify or win on WNDV, WSSM, WSMM, or WDND for any 30 day period. In the event that two members of the same household qualify or win, the 2nd qualifier or winner will be disqualified and removed from the contest and his or her prize will be available for another contestant. Same household is defined as living at the same residence.
Valid state identification (ex. Driver's License/ID Card) is required to claim a prize or participate in any Contest or Promotion. In order to claim prize(s), winners will be required to show proof of identity and may be required to execute an affidavit of eligibility release/prize acceptance form and a W-9 tax form. Noncompliance within 10 business days of prize(s) being awarded may result in winner's disqualification or an alternate winner being selected.
Participants must use their true, legal name and address when participating in Promotions or they will be disqualified and prize forfeited
AMP may, at its discretion, designate judges for each Contest or Promotion. In the absence of a specific judge named for any contest or promotion, then in that case the Program Director or Station Manager of AMP will serve as contest judge. These contest judges will determine the winner(s) in all contests and promotions. All decisions made by the designated judges are final. By participating, Promotion participants agree to be bound by all contest rules and the decisions of the judges.
AMP and contest sponsors are not responsible for lost, delayed, misdirected, damaged, incomplete, illegible or postage-due/mail entries, telephone system or equipment failures, telephone line or technical problems, misdialing, human errors or acts of God.
Unless otherwise specified, all entries become the sole property of AMP and will not be returned or acknowledged.
Prizes must be accepted as awarded, and cannot be transferred or assigned unless otherwise noted. No substitutions or cash awards in lieu of prizes are allowed unless otherwise specified.
Participants waive any and all claims of liability against AMP contest sponsors, their affiliates, employees, agents, their families and members of their households from any accident, loss, and/or injury occurring as a result or consequence of participants' participation in contests or promotions and/or winners' acceptance or use of prizes awarded such Contests and Promotions.
AMP reserves the right to substitute prize(s) of equal or greater value.
Winners assume any and all tax liabilities that may be applicable and related to claiming of prizes over a certain value. In other words, contests and promotions are subject to all applicable federal, state and local laws and are void where prohibited or restricted by law.
AMP and/or participating sponsors will issue a 1099 tax form for all prizes valued at $600.00 or more, including multiple cash prizes to the same winner adding up to $600.00 or more over the course of a given year. By claiming prize(s), winner agrees to accept the estimate of fair market value placed on prize(s) by AMP and/or participating sponsors.
When prize consists of admission to a concert or ticketed event and the event is postponed, rained out or cancelled, AMP and/or participating sponsors will not be responsible for replacing the prize.
Winner(s) are solely responsible for insurance (when required), other prize-related expenses as may be specified, gratuities, and all applicable federal, state and local taxes.
Winner's names and copies of contest rules are available by sending a self-addressed, stamped envelope to: Contest Rules, 3371 Cleveland Road Suite 300, South Bend, IN 46628. Or, you can pick them up by stopping by the AMP offices located at the same address during normal business hours.
These rules may be changed or altered at any time without prior notice.
Contest Rules are Final and Binding. By entering any Promotion, Participants acknowledge that they have read and understand the Promotion’s Rules and agree to be bound by and acknowledge compliance with those Rules including, without limitation, eligibility requirements and by the decisions of the AMP. Failure to comply with the Contest Rules may result in disqualification. All decisions of AMP are final and binding on all matters relating to any Contest.
Disqualification. Station reserves the right to disqualify any Promotion participant at any time as determined in AMP’s sole discretion, at any stage of the Promotion, should such person: (a) fail to comply with the Promotion’s Rules; (b) supply any untruthful, inaccurate or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by AMP at any time; (d) use technology to gain an unfair advantage over any other promotion participant; (e) engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm any other promotion participant or AMP’s personnel, exercising violent behavior, or potential or actual cheating; and (f) purposely impede the work of AMP or its stations and/or the implementation of the Promotion. The disqualification of a promotion participant shall be final and not subject to appeal or review for any reason whatsoever.
Construction of Contest Rules. The rules of any Promotion cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of AMP. 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. The headings of the paragraphs in these Promotion’s Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of AMP, the scope of the Promotion’s Rules, or the intent of any paragraph hereof. AMP’s failure to enforce any term of the Promotion’s Rules shall not constitute a waiver of that provision. AMP is not responsible for any electronic or typographical error in the printing or reproduction of the Promotion’s Rules, administration of the Promotion or in the distribution of any prize(s).
Termination Provisions. Except as prohibited by law, AMP reserves the right to terminate its Promotions in the event of a force majeure or other failures or difficulties. If, for any reason, a Promotion is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of AMP, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Promotion, AMP may, in its sole discretion, (i) void any suspect entry or (ii) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of the Promotion’s Rules. AMP reserves the right to suspend or modify its Promotions at any time without notice or obligation. If such modification or suspension occurs, AMP will make a commercially reasonable effort to post notice of such on its Website(s).
Arbitration Provision. By participating in a Promotion, each Promotion participant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, AMP or its Stations arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of the prize(s), or the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by private, final and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Promotion participant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in St. Joseph or Marion Counties, State of Indiana, or at such other location as may be mutually agreed by the Promotion participant and AMP; (c) the arbitrator’s decision shall be controlled by the terms and conditions of the applicable Promotion’s Rules and any of the other agreements referenced herein that the applicable Promotion participant may have entered into in connection with the Promotion; (d) the arbitrator shall apply Indiana law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Promotion participant’s and/or AMP’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the Promotion participant or AMP. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.
Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of any Promotion’s Rules, or the rights and obligations of the parties in connection with a Promotion shall be governed by, and construed in accordance with, the laws of the State of Indiana, without regard to choice of law or conflicts of laws principles under Indiana law.
Streaming Delay. Streaming radio broadcast inherently have a 3 to 30 second delay that is determined by the ISP, bandwidth, overall usage and buffering of an individual’s computer. AMP Stations are not responsible for delays in the streaming broadcast and any impact they might have on contesting.
Specific Contesting Rules
U93 Gas or Cash – Beginning on or about 11.11.13, WNDV (U93) will begin U93 Gas or Cash promotion. Promotion will last through 12.6.13 and will not be played on the11.28.13 (Thanksgiving). At approximately 8:20 AM each weekday, a DJ will announce the approximate times of 3 events which will take place that day. Times will be between 8 AM and 7PM and will occur after the announcement has been made. At this time the three prizes will be placed in an envelope numbered (1, 2 or 3). Participants in each of the 3 events will be asked to choose envelope 1, 2 or 3 and win that prize if it has not been given away earlier in the day. At the approximate times given, a verbal cue to call will be played on the air which will start the event. Those who wish to play will be asked to call 574-289-9393. Phones will be cleared and caller number nine will be given a chance to participate in that individual event. For the first event of the day, the participant will be asked to pick an envelope (1, 2 or 3) and they will win the corresponding prize (either $100 in cash or $100 in gas). For the second and third event of the day the contest will proceed as listed above until the participant chooses their envelope number. If #1 was chosen in the first event, and the participant in the second or third event chooses #1, they will not win the prize and that event will be over. DJ will play the guess on the air and announce that the participant has guessed an envelope that is already empty and that the phones are being cleared and the next caller number 9 will have a chance to pick an envelope. The 2nd caller number 9 will then guess an envelope and this will continue until a prize is awarded to a participant that guesses an envelope that still contains a prize.
No more than $100 will be given away each event. A combined total of no more than $5,700 will be given away during the entire promotion.
Odds of being caller number nine are indeterminable and based on the number of people playing at the time of the event. Once participating in event 1, the odds of winning are 100% as all envelopes contain a prize. Once participating in event 2, the odds guessing a filled envelope are 66.6% as one of the envelopes is empty. Once participating in event 3, the odds guessing a filled envelope are 33.3% as one of the envelopes is empty. Odds of guessing a full envelope once participating in the game are improved by listening to the radio station during previous events in the day.