104.1 The Hawk’s “Backyard Upgrade” Contest
A complete copy of these rules can be obtained by contacting the radio station KHKK (“Station”), 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 Station will conduct the 104.1 The Hawk “Backyard Upgrade” 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) years or older at the time of entry with a valid Social Security number and who reside in the Station’s 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 Station’s 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 Station’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.
- Contest Period. The Contest will begin at 5:00am PT on April 12, 2021 and will run through 11:59pm PT on May 9, 2021 (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
- How to Enter. To enter:
(i) Text: Each day during the Contest Period, beginning on or around 6:00am PT, Station will announce the daily “Backyard Upgrade” keyword. The Station will repeatedly announce the daily keyword throughout the day, a minimum of one (1) time during each daypart (i.e. 6:00am PT to 9:00am PT, 9:00am PT to 2:00pm PT, 2:00pm PT to 6:00pm PT, and 6:00pm PT to 10:00pm PT). When Station announces the “Backyard Upgrade” keyword, listeners should send a text message with the daily keyword spelled correctly to 62582 to enter. All entries must be received by 11:59pm PT on the date the keyword is announced to be eligible for the Grand Prize (as defined below) drawing. Standard text messaging rates, as established by an individual’s wireless carrier, may apply, and Station assumes no responsibility for any fees or charges incurred for and associated with any text message sent to or from Station. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant. Limit one (1) entry per person per phone number per day. Multiple participants are not permitted to share the same telephone number. Any attempt by any participant to submit more than one (1) entry by using multiple/different telephone phone numbers, identities, or any other methods will void that participant from further participation in the Contest.
- Winner Selection. On or about 10:00am PT on May 10, 2021, Station will select five (5) entries to be entered to win the Grand Prize (each a “Finalist”) in a random drawing from among all valid entries received by Station during the Contest Period. The Station will notify the Finalists using the phone number they submitted the entry with. At that time, Station will verify that each Finalist meets the eligibility requirements, and each Finalist will need to supply the Station with their home address and a one (1) -hour window of time that they will be at their home on May 12, 2021. Failure to respond to the initial contact within one (1) hour of notification will result in disqualification, and the Station will select another Finalist from all eligible entries, until there are five (5) verified Finalists. On or about 10:00am PT on May 11, 2021, the Station will randomly select one (1) of the five Finalists to be awarded the Grand Prize. The Station will notify the winner in person at their home address on May 12, 2021, using the address and one (1) hour window provided at the time of eligibility verification. If public health advisements due to Covid-19 restrict the Station’s ability to make the announcement of the winner in person, the Station will announce the winner by sending emails with Zoom video chat links to each Finalist, with the winning entrant being sent a working link for a Zoom call with Station staff telling them they won, and the other four Finalists being sent “dummy” or non-functioning links. Station’s 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 one (1) hour of notification will result in disqualification and forfeiture of participation and any prize.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION 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 Station, 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, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
- Grand Prize. One (1) Grand Prize will be awarded in this Contest. The Grand Prize is: a $10,000 Backyard Upgrade. Backyard Upgrade includes:
|Belgard: Avalon Slate 3 Piece Large – Victorian Color
|60mm – 120sf/pallet
|Weston 4’ Fire Pit Kit – Victorian Color
|Belgard: Avalon Slate 6×9 Border – Graphite Color
|60mm – 112sf/pallet – 300pcs/pallet
|Elite Plus Fescue (90/10) Sod
| 8′ Rolls
|Road Base – Class II
|8 cubic yards||$35.00||$280.00|
|2 cubic yards||$46.00||$92.00|
|Techniseal Smartsand Polymeric Sand – Western Gray Color
|California Landscape Supply Nursery Credit
|California Landscape Supply – Decorative Rock or Bark
|DELIVERY / PALLET FEES
|Installation||Labor & installation matterials (stakes, weed cover, edging, etc.||Up to $5,000|
ARV Ten Thousand Forty-Seven Dollars and Eighty-Four Cents ($10,047.84). Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning 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. Additional materials or labor, outside of what is listed above, will be the sole responsibility of the Grand Prize winner.
The winner must take delivery and installation of the Grand Prize between 6/21/21 – 6/27/21.
Transfer Option: If Grand Prize winner is unable to accept the Grand Prize, the winner may transfer Grand Prize. The transferee will responsible for all taxes associated with prize receipt and/or use.
Cash Option: In lieu of the Grand Prize package listed above, the Grand Prize winner may choose to accept a one-time cash payment of One Thousand Dollars ($1,000). Winner will be required to sign an affidavit stating that they decline the Grand Prize in favor of the smaller cash payout.
Other than the transfer and cash options listed above, 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 Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Cumulus Media New Holdings, 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 Station 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. Station 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 Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station 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, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s 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 Station, 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, Station reserves 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 Station’s 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 Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is 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, 3127 Transworld Dr. Suite 270 Stockton, CA 95206.
Prize Providers: California Landscape Supply, 4107 Morgan Road Ceres, Ca 95307
JD Landscapes, PO Box 811, Lathrop Ca 95330