Contest Rules
Official Promotion/Contest Rules
1. NO PURCHASE OR CONTRIBUTION IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR CONTRIBUTION WILL NOT IMPROVE AN INDIVIDUAL’S CHANCES OF WINNING.
2. The odds of winning depend upon the number of eligible entries received and/or the number of participants in the contest.
3. Participants and winners must be legal residents of Alabama or Georgia, at least eighteen (18) years or older, unless otherwise specified in a particular contest, and they must have a valid Alabama or Geogia ID and US social security number as of the date and time of entering any contest. Winners acknowledge that if they enter any PMB Broadcasting, LLC contest under a fraudulent name and/or social security number, they will automatically be disqualified from the contest and any future contests on Kissin’ 99.3, Q107.3, Boomer 102.5, 103.7 Lite FM, Classic Rock 105.5, 106.9 Rocks, 92.1 Smooth R n B, 98.3 The Beat, Hip Hop 106.5, www.Kissin993.com, www.Q1073.com, www.Boomer1025.com, www.1037Lite.FM, www.ClassicRock1055.com, www.1069Rocks.com, www.983TheBeat.com, www.921SmoothRnB.com, www.HipHop1065.com, or any other station or website affiliated with PMB Broadcasting, LLC (collectively, “PMB Broadcasting”).
The contest is subject to all applicable federal, state, and local law and regulations. Void outside the state of Alabama or Georgia and where prohibited or restricted by law.
4. Only one (1) entry per person per contest unless noted otherwise. Only one (1) entry per household per contest. Winners are not eligible to participate in any PMB Broadcasting contests for a period of fourteen (14) calendar days from the date of qualifying for or winning a contest conducted or sponsored by PMB Broadcasting.
5. Employees of PMB Broadcasting, its affiliates, its representatives, the contest’s participating sponsors and their advertising agencies, employees of any other broadcast company serving the Columbus, Georgia Total Survey Area as defined by The Nielsen Company, and members of the immediate families of such persons and any individuals who have been employed by PMB Broadcasting in the fourteen (14) calendar day period immediately preceding the effective date of the contest are ineligible to participate or win. The term “immediate family” includes spouses, domestic partners, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. In the event that PMB Broadcasting becomes aware after a prize has been awarded that the winner has any of the above affiliations, the winner will be disqualified immediately and the prize will be revoked.
6. All prizes must be accepted as awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Winners must redeem the prize by visiting PMB Broadcasting at 1820 Wynnton Road, Columbus, Georgia 31906 within fourteen (14) calendar days after notification of winning, unless otherwise specified for a particular contest. If a winner fails to pick up their prize within fourteen (14) calendar days, the winner forfeits the prize and no other prize will be awarded in its place. If a winner cannot be contacted or is disqualified, PMB Broadcast reserves the right to determine an alternate winner or to not award that winner’s prize, in its sole discretion. PMB Broadcasting retains the right to substitute a prize with another similar prize of equal or greater value in the event the original prize offered is not available due to circumstances beyond PMB Broadcasting’s control.
7. Delivery of prizes: All prizes will be delivered to winners via United States Mail service, unless otherwise noted. All prizes will be delivered within one hundred fifty (150) calendar days after the end of any contest, unless otherwise noted for the particular contest. All prizes involving tickets to an event or concert will be provided to the winner, up through and including the day or night of the event or concert. PMB Broadcasting reserves the right to leave tickets for an event or concert at will call at the event or concert and to change how the tickets will be left from mail to will call or will call to mail at any time. For all contests that occur within two (2) weeks of an event or concert, PMB Broadcasting may require the winner to pick up their tickets in person at the PMB Broadcasting office. No mailings to P.O. boxes. PMB Broadcasting is not responsible for any lost, stolen, misdirected or damaged mail. Prizes lost or damaged in mailing will not be replaced.
8. Payment of taxes and related expenses: Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not expressly included as part of the prize.
9. Required documentation: Winners of prizes with a fair market value of $600 or greater must execute and return an IRS Form W-9 and an affidavit of eligibility and liability release, as well as any additionally required forms, and must provide a photocopy of a legal document showing Alabama or Georgia residence and a photocopy of a legal document showing the winner’s social security number within seven (7) calendar days after receiving such forms or the prize will be forfeited. Winners agree to accept the estimate of the fair market value of the prize.
Winners of prizes with a fair market value of less than $600 may be requested to execute and return an affidavit of eligibility and liability release and provide a photocopy of a legal document showing Alabama or Georgia residence and a photocopy of a legal document showing the winner’s social security number. Where such forms are requested, winners must execute and return such forms and documents within seven (7) calendar days after receiving the forms or the prize will be forfeited.
10. Release of liability/Indemnification: All winners and their guest(s) agree to defend, indemnify and hold forever harmless PMB Broadcasting, its officers, employees, affiliates, agents, advertisers, sponsors, and prize partners, and their affiliated companies, officers, employees, affiliates, agents, and assigns (collectively, the “Releasees”) from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of, related to, or in connection with participation in any contest, acceptance of any prize, and use of the prize, including but not limited to traveling to or from any prize related activity. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Releasees or any other parties are applicable thereto and shall apply regardless of whether or not the claim at issue was caused or alleged to be caused in whole or in part by the party to be indemnified. Winners shall bear all risk of loss or damage to prizes after receipt.
ALL PRIZES ARE AWARDED “AS IS” AND RELEASEES DO NOT MAKE (AND ARE NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
Under no circumstances shall winners or their guests be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, and winners further waive all rights to have damages multiplied or increased.
If a concert or other event has been awarded as a prize and the concert or event is postponed, rained out, cancelled or for other reasons beyond our control do not occur/exist, Releasees will not be responsible for replacing the prize. Releasees will not be responsible for replacing a gift certificate or coupon where the business ceases to exist. To the extent that any prize consists of airline tickets and/or hotel reservations, Releasees are not responsible for any cancellation, postponement, lost ticket or overbooking. Releasees are not responsible if any part of a contest cannot be conducted and/or if a prize, either in whole or in part, cannot be awarded due to acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other factors beyond their control.
PMB Broadcasting has the sole discretion to terminate a contest at any given time or extend the dates of a contest. PMB Broadcasting retains the right to amend these rules at any time for any reason.
PMB Broadcasting reserves the right to substitute prizes of equal or greater value upon notice or change to the contest rules. Any ties, disputes, conflicts, questions or concerns regarding PMB Broadcasting’s contest and/or the associated prizes will be handled by the General Manager for PMB Broadcasting, whose decision is final and indisputable.
Winners and their guests also agree not to sue or bring a proceeding against any Releasee for any claim or cause of action, whether known or unknown, including without limitation, for personal injury, death, property damage, defamation, invasion of right to privacy, publicity or personality, or based upon or relating to the exercise of any of the rights granted herein or any winner and guests’ participation in a promotion and/or acceptance and/or use of a prize.
11. Publicity: Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
12. Use of Personal Information: PMB Broadcasting will retain the participant’s personal data for a reasonable period of time to enable it to send that participant any prize that they have won and to verify that these rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, PMB Broadcasting’s privacy policy. Participant may have the opportunity to opt-in to receive emails from third parties. In the event that participant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this contest, participant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.
13. For contests with prizes involving travel: The winner and his/her guest(s), if any, agree to accept the travel dates specified in the contest. If the winner cannot travel on such dates, the prize will be forfeited. Winners agree to accept all blackout dates, space availability requirements, etc. established by PMB Broadcasting’s prize partner(s), such as hotels, airlines, trains, ships, etc. Â Winners and guests who accept any trip as a prize from PMB Broadcasting do so entirely upon their own initiative, risk, and responsibility. Â If a trip requires traveling outside of the United States, winner, upon winning the prize, must have and show proof of a valid US passport within three (3) calendar days of notification of winning the prize or the prize will be forfeited. Â Where a prize allows for the winner to take guests, the guests must be eighteen (18) years of age or older except where the winner is the parent or legal guardian of the accompanying guest(s) and the prize allows for a guest to be under 18 years of age. The winner’s guest(s) (parent or legal guardian, if a guest is a minor) also must complete an affidavit of eligibility and liability release, which must be returned with the winner’s affidavit of eligibility and liability release within seven (7) calendar days of receipt of the forms or the prize will be forfeited, and an alternate winner will be randomly selected from the remaining eligible entries. No alternate guest(s) may be substituted once the winner’s guest(s) complete the required paperwork. The winner and his/her guest(s) are solely responsible for obtaining all necessary travel documentation, including by not limited to, any Visa requirements and fees. The winner and his/her guest(s) are solely responsible for all costs not expressly included in a prize including, without limitation, any applicable taxes, license fees, additional tours, additional transportation, fuel surcharges, currency charges, all meals, beverages, room service, gratuities, merchandise, medical services, additional lodging, replacement of any lost items, optional travel insurance, etc. If airfare is included as part of a prize, airfare will be provided from Columbus Airport or Hartsfield-Jackson Atlanta International Airport, unless otherwise specified in a contest. If any part of the trip's itinerary does not take place as planned, for any reason, beyond the control of PMB Broadcasting, including but not limited to, cancellation, scheduling conflicts, political conflicts or war or an event of force majeure, the remaining components of the prize will be awarded and PMB Broadcasting’s obligation to the winner will be fulfilled, and no other additional compensation will be provided.
14. Disorderly behavior and/or illegal conduct: Disorderly behavior and/or illegal conduct by a winner and/or their guest may result in revocation of a prize either before prize fulfillment and/or during the fulfillment of the prize, including but not limited to, during a concert or on a trip. If the winner and/or their guest have their prize revoked during fulfillment of the prize, both the winner and the guest will be asked to leave. Winner and/or guest will be responsible for any and all costs once the prize has been revoked. PMB Broadcasting, the tour operator, or the business providing the prize will make the determination if disorderly and/or illegal conduct warrants prize revocation. Any decision to revoke the prize for the above conduct is considered final.
15. Choice of law; In case of dispute: These rules and all contests are governed by and controlled by the laws of the State of Georgia, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of Georgia, Muscogee County. The parties consent to the jurisdiction of the state courts of Georgia and the federal courts located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of these rules and all contests.
By entering any PMB Broadcasting contest, participant acknowledges and agrees that: (a) any and all disputes, claims, and causes of action arising out of, relating to, or connected with the contest or prize awarded will be resolved individually, without resort to any form of class action or representative action; and (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest but in no event attorneys’ fees.
16. Specific types of contests:
On-air contests: For on-air giveaway contests, the contest will begin as soon as the announcer announces on-air the number of the caller necessary to win the contest. For example, if the announcer states that the 9th caller will be the winner, the contest will begin as soon as this announcement is made.
Calls for participants are taken in the order that they are received. In the event that more than one voice is heard on the telephone line, the winner will be the first person to speak. If the judge(s) or announcer is not able to determine which caller was first, a random drawing will be held to determine the winner. All persons that call in for on-air contests must be available by telephone at the number left on the designated station’s contest line. If the announcer asks listeners to text in to win, the designated texter will win. Standard text messaging rates apply for any text contests. If a participant is selected by the announcer but does not answer the telephone, they will be disqualified, and the next numerical participant will be designated the winner. If winners are announced on-air and are told to call back within a certain amount of time to claim a prize, they must call the announced designated station’s contest line within the specified time frame to claim the prize. If the time lapses, the winner will be disqualified, and another participant will be selected to win the prize. PMB Broadcasting is not responsible for any landline or cellular telephone malfunctions during the course of any contest. PMB Broadcasting does not assume any liability for faulty, mis-transcribed, misdirected/misdialed telephone communications or technical difficulties experienced by callers throughout the call-in portion of any contest. Please note that for listeners listening to any PMB Broadcasting radio station on a web stream or via a mobile app, there may be a delay between what is heard on-air, and the broadcast heard through the web stream or mobile app. All on-air contests are based on the timing of when a listener is directed to call in through an on-air transmission, and not when it is heard through the web stream or mobile app. All calls on the contest line are recorded for possible playback use and PMB Broadcasting assumes no responsibility for winner’s inability to get through the contest lines for any reason.
Mail/facsimile contests: To enter a contest via mail or facsimile, participants must complete all the information deemed necessary to declare a winner. Only one (1) entry per person will be accepted unless otherwise specified on-air or in separate contest rules. Winning entry(s) will be drawn at random from all valid entries received. PMB Broadcasting is not responsible for late, misdirected, lost or mutilated mail, entry forms or faxes. No liability is assumed for any malfunction of computer equipment, fax machine equipment or fax machine telephone lines. If an entry is illegible or does not supply all information deemed necessary to declare a winner, the entry will be deemed invalid and another entry will be selected.
Internet contests: To enter an online contest, participants must complete all the information deemed necessary to declare a winner. PMB Broadcasting does not assume any liability for any malfunction of the internet or individual computer systems. When entering a contest via an advertiser’s web banner or logo hyperlink, PMB Broadcasting is not responsible for prize fulfillment or any aspect of the contest. PMB Broadcasting is simply a “link” to that advertiser’s site.
To enter a contest on any station site at www.pmbsites.com, participants must complete all the information deemed necessary to declare a winner. Only one (1) entry per person for each contest unless noted otherwise. Winning entry(s) will be randomly selected from all valid entries received. If an entry is illegible or does not supply all information deemed necessary to declare a winner, the entry will be deemed invalid and another entry will be selected.
PMB Broadcasting is not responsible for failure to receive online entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or PMB Broadcasting. Winner(s) of the on-line contest will be randomly selected from all entries. The odds of winning a prize depend on the number of entrants and eligible entries received for each drawing.
NO PURCHASE OR CONTRIBUTION IS NECESSARY TO ENTER OR WIN.
To request a copy of these official rules and/or a list of winners after a contest ends, send a self-addressed, stamped envelope to: Contest Rules [and/or] Winner Names, [include the name of the contest], PMB Broadcasting, LLC, c/o General Manager, 1820 Wynnton Road, Columbus, GA 31906.