104.1 The Hawk / Sports Radio AM 970 “ Pro Football Pick’em” Contest
A complete copy of these rules can be obtained by contacting radio station KHKK / KESP (“Station” or “Stations”), owned and operated by Cumulus Radio LLC, 3127 Transworld Dr. Suite 270 Stockton, CA 95206, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Stations will conduct the 104.1 The Hawk / Sports Radio AM 970 “Pro Football Pick’em” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.
Eligibility. This Contest is open only to legal U.S. residents, excluding Florida and New York residents, age eighteen (18) or older at the time of entry with a valid Social Security number and who reside in the Stations’ Designated Market Area (“DMA”) as defined by Nielsen Audio. Void where prohibited by law. Employees of Cumulus Radio LLC, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Stations’ DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. 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 Stations’ 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.
- Contest Period. The Contest will begin at 12:01am PT on August 24, 2020 and will run through 11:59pm PT on January 3, 2021 (the “Contest Period”). The Stations’ computer is the official time keeping device for this Contest.
DISCLAIMER: Due to the ongoing COVID-19 pandemic, there is a possibility the pro football season may be cancelled at any time. Should the pro football season be canceled prior to the completion of week eight (8) of the season, the Contest will be cancelled and no Grand Prize (as defined below) will be awarded. If the season is canceled any time after the completion of week eight (8), the Grand Prize will be awarded to the overall points leader (as described below) at the time of the cancellation.
- How to Enter. Visit Stations’ website 104thehawk.com or www.sportsradioam970.com during the Contest Period (Sports Radio AM 970 will redirect to the 104.1 The Hawk website to enter. The Hawk / Sports Radio AM 970 “Pro Football Pick’em” Contest will be hosted on the Station’s website but administered by Dell Sports.
(i) Online: The Registration Process
Each participant must complete the free registration process to become eligible to play. The registration is a simple process that involves submitting a user’s contact information, team name creation, and password selection. Once this process is completed, users will be directed to the home page where they can participate in the Contest.
Playing the Game
Each week, the game operator will display the match-ups on the “make picks” page. The season starts with the first week 1 game and ends on the last week 17 game of the NFL season. All picks must be made prior to 1:00pm ET on Sunday each week of the Contest. In the event there is a game that starts prior to 1:00pm ET, the picks for those games must be selected prior to the start of that early game. Players can save their early game pick and then make the remainder of their picks before 1:00pm ET each Sunday.
Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Stations are not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected registrations, all of which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Stations and will not be returned. Stations reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted.
- Winner Selection:
Correctly predicting a regular season matchup will entitle the player to earn points. The
points scale will be as follows:
Monday Night Games: 200 Points
Any Other Weekly Regular Season Game: 100 points
Winning the Game
Each week, every user’s score is posted on the standings page. Players with the most points are listed at the top. Tie-breaking rules will determine the rank for players with the same number of points. The “default game winner” is the player who has the most cumulative points at the end of the season after tie-breaking rules are applied. If there is a tie for the Top Cumulative Standings Score (Best Cumulative Score), the following tiebreakers will apply:
- Tiebreaker #1– Total number of correct picks for all weeks.
- Tiebreaker #2- Total number of correct picks for all Monday Games.
- Tiebreaker #3– Smallest tiebreaker absolute differential for the total score in the designated Week 17 tie-breaker game (calculated by: finding the absolute difference between the user predicted total score in designated Week 17 tie-breaker game and the actual score of the designated Week 17 tie-breaker game). The tie breaking will continue (week 16, then week 15, etc) until a winner is determined.
In all cases, an entry that does not win a tiebreaker is eliminated from consideration. Odds of winning prizes depends on the total number of eligible entries received and the relative U.S. football knowledge of all entrants.
If there is a tie for the Weekly Standings (Best Score in a Given Week), the following tiebreakers will apply:
- Tiebreaker #1 – Smallest tiebreaker absolute differential for the total score in the designated week’s tie-breaker game (calculated by: finding the absolute difference between the user predicted total score in designated week’s tie-breaker game and the actual score of the designated week’s tie-breaker game).
- Tiebreaker #2 – Total number of correct picks for the given week.
- Tiebreaker #3 – Correct predicted winner for the Monday night matchup.
- Tiebreaker #4– Random drawing.
In all cases, an entry that does not win a tiebreaker is eliminated from consideration. Odds of winning prizes depend on the total number of eligible entries received and the relative U.S. football knowledge of all entrants.
Stations’ decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATIONS WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner may be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Stations, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Stations may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
- Weekly Prize: One (1) Weekly Prize will be awarded each week to the weekly winner as determined by the Dell Sports scoring system according to the procedure listed above in Section 4 (up to seventeen (17) total Weekly Prizes may be awarded). Each Weekly Prize is a $50 Strand ACE Hardware Gift Card. ARV Fifty Dollars ($50).
Grand Prize. One (1) Grand Prize will be awarded in this Contest. The Grand Prize winner will be the season long points winner as determined by Dell Sports using their scoring system according to the procedure listed above in Section 4. The Grand Prize is a Traeger Ironwood 885 grill package that includes: One (1) Traeger Ironwood 885 Grill / BBQ, Front Shelf, Cover, two (2) twenty (20) pound bags of pellets, rib rack, chicken rack, veggie basket, grill cleaner, and four (4) sauces and rubs. ARV Two Thousand Dollars ($2,000). Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning a Weekly Prize or the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time.
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
- Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Stations, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Stations, Cumulus Media Inc., and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, 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 entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
- Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Stations and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
- All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Stations reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Stations’ reasonable control impairs the integrity or proper functioning of the Contest, as determined by Stations in their sole discretion. Stations reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or acting 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, Stations reserve the right to seek damages from any such person to the fullest extent permitted by law. Stations’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Stations, 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 entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; 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, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Stations reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Stations’ listening area; (iii) 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’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Stations in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Stations are located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Stations are located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.
CONTEST SPONSOR: Cumulus Radio LLC, KHKK-FM, KESP-AM 3127 Transworld Dr., Suite 270, Stockton, CA 95206.