General rules for all contests and promotions sponsored by Educational Media Foundation / K‑LOVE:
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.
These general rules (these “Rules”) apply to any sweepstakes (each, a “Sweepstakes”), giveaway (each, a “Giveaway”), contest or competition (each, a “Contest”) or other promotion (each, a “Promotion”) that is organized, posted, run on or otherwise effectuated by K-LOVE, Inc., dba K-LOVE (“Sponsor”) through or using its website (klove.com) (the “Website”) or on one or more radio broadcasts of Sponsor or its affiliates (each, a “Broadcast”). These Rules are subject to change without any notice to any entrant or winner of any Promotion.
In the event any Promotion-specific rules are posted on the Website (the “Specific Rules”) and conflict with these Rules, such Specific Rules shall govern and control that specific Promotion.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, ENTRANTS AGREE TO THESE RULES, WHICH ARE A BINDING CONTRACT, SO EACH ENTRANT SHOULD READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR PARTIES (DEFINED BELOW) FROM EACH ENTRANT AND A LIMITATION OF EACH ENTRANT’S RIGHTS AND REMEDIES.
1. Eligibility. Subject to the additional restrictions below, all Sweepstakes are open to legal residents of one of the 50 United States and the District of Columbia (each, an “Eligible Territory”) who are 18 years or older and are physically located in an Eligible Territory at the time of entry to the Promotion. Please note that individuals who are legal residents of an Eligible Territory but are physically located outside the Eligible Territories are not eligible to enter or participate in the Promotion. Employees of Sponsor and each of its affiliated companies, subsidiaries, and advertising and promotional agencies (collectively, the “Sponsor Parties”), and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win any prize in the Promotion. The term “family members” includes spouses, parents, grandparents, siblings, children, wards, grandchildren and in-laws, regardless of where they live. Individuals who appear on the U.S. Government Department of Treasury’s Specially Designated Nations List are also not eligible to enter or win a prize for the Promotion. Void in all locations outside of the Eligible Territories.
Only one (1) person per household may enter or win a Promotion within a thirty-day period, as determined by Sponsor.
In addition, the Website or the Broadcast(s) may include additional or different eligibility requirements and restrictions that may conflict with this Section 1. In the case of a conflict regarding eligibility requirements for a specific Promotion, the eligibility requirements on the Website or in the Broadcast(s) shall govern over these Rules.
2. Sponsor; Ownership of Entries. Unless otherwise indicated on the Website or in a Broadcast, each Promotion is sponsored by Sponsor, whose decisions regarding the Promotion (including the selection of winners and all other aspects of the Promotion) shall be final and binding in all respects with respect to the Promotion. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Rules or in other materials or announcements relating to the Promotion (including the Website or any Broadcast).
All entries to the Promotion become the property of Sponsor and Sponsor may withhold any or all entry materials for any reason the Sponsor Parties deem crucial to the completion of the Promotion or for reasons relating to publicity or advertising. Each entrant may enter a Promotion only once, unless otherwise specified on the Website or a Broadcast. In the case of multiple entries by the same entries, all of such entrant’s entries may be discarded, and the entrant disqualified from the Promotion in the sole discretion of Sponsor.
3. Promotion Period. Each particular Promotion begins and ends at and on the dates and times specified on the Website or in the Broadcast(s) for such Promotion (each, a “Promotion Period”); provided, however, that a Promotion Period may be divided into various entry/prizing time periods, each as described on the Website or in the Broadcast(s) for such Promotion (each, a “Prizing Time Period”). Please note that Prizing Time Periods are subject to change, therefore entrants should frequently check the Website for updates to Prizing Time Periods. Individuals must enter the Promotion during an applicable Prizing Time Period taking place during the Promotion Period in order to be eligible to win in that Prizing Time Period. Non-winning entries from one Prize Time Period do not roll over to subsequent Prize Time Periods. Details of each Prizing Time Period and the Prizing Time Period’s prizes will be set forth on the Website prior to the Promotion Period. Sponsor’s designated clock will be the official timekeeper for each Promotion and each Prize Timing Period.
4. How to Enter. An entrant may enter a particular Promotion by following the entry requirements set forth on the Website or a Broadcast for such Promotion. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Rules or other instructions of Sponsor may be disqualified.
The limit on the number of entries for a particular Promotion will be set forth on the Website and/or in the Broadcast(s) for such Promotion, and such limit shall apply regardless of method of entry chosen. Additional entries above such limit are not permitted. Multiple entries by means of software-generated or other automated processes will be disregarded. Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of a Promotion.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that entrant’s entries and will result in entrant’s disqualification from the applicable Promotion. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts, or otherwise may result in the entrant being disqualified from the Promotion. Entries generated by a script, computer programs, macro, programmed, robotic, or other automated means are void and may be disqualified. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware, or software, whether originating with sender, the Sponsor Parties or the applicable service provider.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the identity of an entrant shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of a Promotion. The Sponsor Parties may run multiple Promotions simultaneously. Entry into one (1) Promotion does not constitute entry into any other Promotion.
Alternative Entry Method for Sweepstakes. If (and only if) the Promotion is a Sweepstakes, an entrant enter the Sweepstakes without making a purchase or payment or taking any other action to enter the Sweepstakes set forth on the Website or in the Broadcast(s), you may either view and enter the Sweepstakes on the Website by providing the requested information on the Website (as determined in the sole and absolute discretion of Sponsor) or listen to a Broadcast and, during the Promotion Period specified in the Website or in a Broadcast, call the toll-free number 800-525-5683 and follow the instructions requested by Sponsor’s representative to enter. Either alternative method of entry will require an entrant to provide such entrant’s full name, home address, email address, and phone number to submit an entry and such entrant will only receive one (1) entry to the applicable prize for the Sweepstakes (or a particular set of prize(s) for a particular portion of the Sweepstakes).
For all Internet-Related Entries or Inquiries. If permitted for a Promotion, an entrant may enter by visiting an official Promotion registration page and completing all of the required information and following all posted instructions. By participating in such Promotion, the entrant agrees to be bound by Sponsor’s Terms of Service, and Privacy Policy, which are hereby incorporated by reference to these Rules.
Listeners accessing Sponsor’s Broadcast(s) via IP connections like website-based streaming or mobile devices are welcome to enter. However, Sponsor cannot be responsible for delays in electronic transmission of station audio to IP devices. Listeners may be listening via the Sponsor’s Broadcast(s) stream(s) on the internet: please be advised that listeners may be listening to a delayed stream of the radio signal, which may vary depending on a listener’s computer’s memory capacity and the speed of a listener’s internet connection and may be delayed by several minutes. Entrants should not rely on streamed broadcasts in order to participate and Sponsor assumes no responsibility for any entrants in a Promotion not making timely phone calls to the Sponsor’s radio station(s) as a result of the delays in the internet stream. By entering a Promotion, listeners acknowledge and agree to this specific provision of these Rules. In addition, Sponsor will not be responsible for loss of service to the telephone line for the Promotion or for a participant’s failure to reach such telephone line due to malfunction of any network or system, congestion, any technical or human error, failures or malfunctions of any kind, including the congestion, overload, busy signals, or any other factor that may prevent an individual from completing their phone call. In the event of interruption of power or telephone service to Sponsor during a call-in period of a Promotion prior to accepting the designated caller, or a change in programming that results in Sponsor’s inability to air a call-in opportunity, Sponsor will not replay the affected call-in opportunity and the number of opportunities awarded in such Promotion will be reduced accordingly. If a designated caller is ineligible or fails to comply with any term of condition of these Rules, that caller will be disqualified, and no person will be selected during that call-in period.
In the event of a dispute, all online entries will be deemed to have been submitted by the registered accountholder of the email address associated with the entry or other internet service provider (“ISP”) account from which the entry was sent, provided that such person satisfies all other Promotion eligibility requirements. For these purposes, a “registered accountholder” shall mean the natural person assigned to an email address or other ISP account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses or ISP addresses for the domain associated with an ISP account. Winners may be required to show proof of being the registered accountholder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
For all Text-Related Entries or Inquiries. If text-message based entries are permitted for a Promotion, entrants will be asked to provide certain information via a text message submission to the short code announced or otherwise stated during the Promotion Period on a Broadcast. When an entrant enters via text message, an entrant may receive at least one (1) automated text message to such entry and such entrant may receive one (1) additional automated text message notifying if such entrant that they are a finalist, qualifier, or winner, as applicable. Text messaging may not be available from all carriers. Standard text messaging rates may apply, and Sponsor Parties assume no responsibility for any fees or charges associated with any text message sent to or from the the Sponsor Parties. For help, text HELP to 21947. To stop, text STOP 21947. Individuals who enter by text-messaging will be charged according to their carriers’ standard messaging and data rates, and entrants should contact their carriers for pricing details. By participating in a Promotion, entrants agree that the station may contact them, via phone or text message, at the telephone number from which the text message entry was received. By participating in a Promotion in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers. The Sponsor Parties will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry. The Sponsor Parties, through its third-party text messaging administrators, will store all messages received on its system.
For help or support inquiries, text the word HELP to 21947 or e-mail support@hipcricket.com. Text STOP to 21947 to end all messages. Text messaging is not available in all areas, and on all carriers, within the United States. Contact your cell phone carrier for specific details.
For all Telephone Call-Related Entries or Inquiries. The Sponsor Parties are not responsible for service outages, connection speeds or other sources of delay in telephone and/or internet systems which may influence or affect the chances of winning a Promotion. In the event awards based on call-ins (a prize awarded to the "9th caller," etc.), Sponsor reserves the right to disqualify two or more callers who appear to be “tied” and award a prize to the next caller. Callers may not place simultaneous calls on multiple phone lines.
LICENSES:
By entering a Promotion, each entrant authorizes the Sponsor Parties to edit, alter, copy, exhibit, publish, distribute and use any writing, image, audio, video or data of such entrant submitted related to the entry of such entrant (the “Licensed Material”), including names, without payment or any other consideration, in future advertisements, promotion materials, websites and mobile applications, social media channels, trainings, and any derivative works of the Sponsor Parties without any additional compensation or award. Each entrant understands that future use of the Licensed Material may not credit such entrant.
The Sponsor Parties may also use the Licensed Material in any advertising, such as online digital, social media, television, print or radio, as well as any flyers, brochures, annual reports, press kits or any other print or digital communications. This authorization extends to all languages, media, formats and markets now known or in the future.
Each entrant acknowledges this authorization shall continue indefinitely.
Each entrant acknowledges that such entrant waives any right that such entrant may have (i) to inspect or approve any finished product in which the Licensed Material may appear and (ii) to royalties or other compensation arising from or related to the use of any Licensed Material.
Each entrant understands and agrees that these materials shall become the sole property of Sponsor and may not be returned.
5. Certain Prize Conditions. The following terms apply to certain types of prizes that may be awarded in a Promotion.
Gift Cards. Gift cards are subject to terms, conditions and policies specified by the gift card issuer. Such terms and conditions may include any or all of the following, as well as others: gift cards may not be redeemable for cash, or used for payment on accounts, or used for the payment of prior purchases; cards are non-refundable; purchases and amounts spent or deducted from a gift card balance may be non-refundable; gift cards may expire on a designated date; and gift cards may be redeemable only by legal residents of the Eligible Territory. Use of a gift card constitutes acceptance of the gift card issuer’s terms, conditions and policies, and as such, each winner of a gift card should carefully read the terms, conditions and policies either enclosed in the gift card packaging materials or provided electronically (in the case of any electronic gift cards) as well as described on the website URL listed on the back of the gift card or provided electronically in the case of any electronic gift card. Each winner should also safeguard the gift card as they would any other valuable item and treat it the same as cash. The gift card is useable up to its balance only.
Travel. Travel arrangements must be made through Sponsor or its agent, and any changes after booking are permitted only in Sponsor’s sole and absolute discretion. All other expenses not specifically mentioned as being part of a prize, including but not limited to taxes, lodging, travel, meals, beverages, alcoholic beverages, parking, gratuities, transportation and other costs and expenses incurred are the responsibility of the winner and guests are solely the responsibility of the prize winner and guests. If a prize includes airfare, the prize solely includes coach air transportation for each individual recipient from an airport nearest the prize recipient’s home to an airport closest to the event. All details of the prize not specified herein shall be determined solely by Sponsor. Travelers under the age of majority must be accompanied by such person’s parent or legal guardian.
Airline Voucher or Ticket. The airline vouchers or tickets provided as part of any prize (the “Vouchers”) are subject to terms, conditions and policies specified by issuer. The terms printed on the physical Voucher shall govern. The Vouchers will be mailed to the prize recipient or delivered by different means as chosen by Sponsor. The Vouchers may only be used on certain airline flights. The Vouchers only include scheduled flights in within certain territories. The Vouchers expire on a designated date and must be used by that time. Sponsor shall have no obligations regarding the expiration of the Vouchers. Travel arrangements must be made through Sponsor or its agent, and any changes after booking are at Sponsor’s sole and absolute discretion. Vouchers are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles or other reward program redemptions. Other travel restrictions may apply. The use of Vouchers may be subject to the unpredictability of weather, flight variation, work stoppages, and schedule or route changes. Sponsor is not liable for any expenses incurred as a consequence of any governmental agency-related and/or flight cancellation/delay or other events that may result in the cancellation/delay of a trip, including weather conditions, acts of God, an act of terrorism, civil disturbance, natural disasters or any other reason. Sponsor will have no responsibility to any Voucher recipient if any flight or event is cancelled or rescheduled. Voucher recipient and his/her guest(s) agree to comply with all applicable airport, airline, and travel regulations in connection with the Vouchers. All other expenses relating to acceptance of the Vouchers not explicitly stated herein, including but not limited to taxes, lodging, travel, meals, beverages, alcoholic beverages, parking, gratuities, transportation to and from airports and other costs and expenses incurred by use of the Vouchers are responsibility of the winner and, if applicable, guests. No substitutions or cash equivalents for airline Vouchers will be allowed, except at the sole discretion of Sponsor, who reserves the right to award prize of comparable value. All details of the prize not specified shall be determined solely by Sponsor. Each winner should also safeguard the Voucher as they would any other valuable item.
Event Ticket. This provision shall apply to any prize that consists of tickets (“Tickets”) to an event (“Event”). All costs and expenses associated with the acceptance and use of Tickets not expressly specified as being provided as part of the prize, including but not limited to taxes, lodging, travel, meals, beverages, alcoholic beverages, parking, gratuities, transportation and other costs and expenses incurred by use of the Tickets are the sole responsibility of the winning entrant (collectively, as used in this paragraph, “Ticket Winner”). Seat or other locations shall be determined in the sole discretion of Sponsor unless otherwise specified. Event and exhibition dates and times are determined in the sole discretion of the organizer, as applicable, and may be subject to change. The terms and conditions of the Tickets will govern in the event an event or exhibition is not held, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. If Ticket Winner cannot attend the Event on the date and at the time specified in the Ticket, then Sponsor shall have no further obligation to the Ticket Winner. Sponsor does not guarantee that the Event will take place on a particular date or time. Sponsor will have no responsibility to any Ticket Winner if any event is cancelled or rescheduled. Ticket Winner and his/her guest(s) agree to comply with all applicable venue regulations in connection with the Tickets. Keysight and the Event organizer reserve the right to remove or to deny entry to the Ticket Winner and/or his/her guest who engage(s) in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the event or exhibition. Sponsor and Event organizers will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any event or exhibition. Tickets awarded as prizes may not be resold or offered for resale, redeemed for cash, rescheduled or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and forfeiture of the prize, and may invalidate the license granted by the event or exhibition ticket(s).
All Prizes. Each prize is subject to terms and conditions specified by issuer and manufacturer and may only be used for legal purposes. Winner is responsible for all use of a prize and the Sponsor Parties and prize provider(s) shall not be liable for any expenses incurred as a consequence of any use of any prize. All prize details shall be determined in Sponsor’s sole discretion.
6. Winner Selection.
Sweepstakes. If the Promotion is a Sweepstakes, winner(s) will be chosen at random by Sponsor from among those who entered during the applicable Promotion Period (including any applicable Prizing Time Period). Odds of winning a prize depend on the total number of eligible entries received for each applicable Promotion (including any applicable Prizing Time Period).
Contests. If the Promotion is a Contest, winner(s) will be chosen by Sponsor (or judges or administrators selected by Sponsor) using the criteria set forth on the Website. Such judges or administrators may exercise all rights of Sponsor granted to Sponsor under these Rules.
Giveaway. If the Promotion is a Giveaway, all entrants who submit an entry to the Giveaway in accordance with these Rules and the Website and/or the Broadcast(s) for such Giveaway will receive the prize stated for such Giveaway.
7. Winner Notification and Acceptance. Potential winners may be notified live on a Broadcast and/or (follow-up) communications at the telephone number and/or email address provided on the potential winner’s entry to the Promotion. Promotion winners agree that they may be contacted by telephone and the call recorded for potential use on air in a Broadcast. All calls to the Sponsor Parties are taped and may be aired without further permission from the entrant by the Sponsor Parties. The Sponsor Parties are not responsible for false, incorrect, changed, incomplete, or illegible contact information in connection with the Promotion. Notification is deemed to have occurred immediately upon sending of an email or placing of a phone call. The Sponsor Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
In order to claim a prize in any Promotion, a potential winner must respond to Sponsor’s notification within forty-eight (48) hours of notice or attempted notice. Sponsor is required only to leave one voicemail message or send one email.
A potential winner may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law), which must be notarized and returned within forty-eight (48) hours of notification by Sponsor . Persons receiving a portion of a prize at the request of the prize winner (if permitted in the sole discretion of Sponsor) may also be required to sign any such an affidavit. Non-compliance shall result in disqualification and award of the applicable prize to an alternate winner. Parents or legal guardians of any winner under the age of majority in a prize winner’s state of residence (which is eighteen (18) in most states, but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign such affidavit in order for such potential winner to be qualified to receive the applicable prize for the Promotion. If a potential prize winner is found to be ineligible, or if the prize winner has not complied with these Rules, or if a potential prize winner cannot attend or participate in any portion of a prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected by Sponsor. If the Promotion is a Sweepstakes and, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the prize(s) for such Sweepstakes, the winner, or remaining winner, as the case may be, of the applicable prize may be selected in a random drawing from among all persons making purportedly valid claims for such prize in connection with such Sweepstakes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sponsor Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner(s), or if potential winner(s) are a minor, for late, lost, misdirected, or unsuccessful efforts of a potential winner(s) to provide signed parental or guardian consent in connection with the Promotion.
Sponsor’s inability to reach a potential winner after a reasonable effort (as solely determined by Sponsor) has been made, the failure of a potential winner to timely respond to a notification, the failure of a potential winner or other person to timely return the affidavit and release in accordance with these Rules, the return of any notification as undeliverable, and/or a potential winner’s failure to comply with any term or condition of these Rules may, in Sponsor’s sole and absolute discretion, result in the potential winner’s disqualification from the Promotion and other Promotions.
THE POTENTIAL WINNER SUBJECT TO VERIFICATION BY SPONSOR, THE DECISIONS OF SPONSOR ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF ENTRANT’S ELIGIBILITY. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
A winner may waive the right to receive a prize. Each prize in a Promotion is non-assignable and nontransferable and cannot be redeemed for cash. Prizes have no cash value, expressed or implied. No substitutions are allowed by a winner. A prize and any individual components of a prize are subject to availability. Sponsor reserves the right to substitute any prize or component of a prize in a Promotion with a prize or component of equal or greater value. Each prize winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with a prize they receive, regardless of whether they, in whole or in part, are used. Sponsor is required to report winnings exceeding $600 per year (in the aggregate) to the Internal Revenue Service and will provide winners falling within this requirement with an IRS Form 1099 after the close of the calendar year in which the prize(s) were won. Winners agree to provide Sponsor with their social security number and such other information as may be required by Sponsor to comply with applicable laws.
Any prize not won and claimed by an eligible winner in accordance with these Rules will not be awarded and will remain the property of Sponsor.
8. Publicity. Except where prohibited or restricted by law, acceptance of a prize constitutes the winner’s irrevocable consent to the publication or other use by the Sponsor Parties and their licensees of their name, biographical information and likeness in any media, including the internet, for any commercial, publicity or promotional purpose, without limitation, review or approval, or additional compensation. In addition, the Sponsor Parties shall have the right, without further compensation, to publicize and/or broadcast such entrant’s name, voice, likeness, city of residence and the fact that such entrant won a Promotion. Finally, each winner agrees that the Sponsor Parties may use such identifying information to publicize their radio stations, websites and/or other Promotions.
9. Participation. By participating in a Promotion, entrants agree to be bound by these Rules and the decisions of Sponsor (including, in the case that a Promotion is a Contest, any Contest judges or administrators selected by Sponsor), which are final and binding in all respects related to each Promotion. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of a Promotion as solely determined by Sponsor. In the event a Promotion is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of such Promotion, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion or these Rules as applied to such Promotion. Should a Promotion be terminated prior to the stated expiration date for such Promotion, Sponsor reserves the right to award the prize(s) for such Promotion based on the entries received before the termination date of such Promotion. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
The Sponsor Parties are not responsible for the actions of entrants in connection with a Promotion, including entrants’ attempts to circumvent these Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of a Promotion. Persons found tampering with or abusing any aspect of a Promotion, or whom Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat a Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of an entrant, as well as other possible consequences, including disqualification from any and all existing and future Promotions. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person.
10. Use of Personal Information. The Sponsor will retain the participant’s personal data for a reasonable period of time to enable it to send that participant a prize, if applicable, 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, the Sponsor’s Privacy Policy located at https://www.klove.com/policies/privacy-policy. Entrants may have the opportunity to opt-in to receive emails from third parties. In the event that an entrant opts in to any available opportunities to receive information from a third party, which may or may not be associated with a particular Promotion, such entrant understands and acknowledges that such entrant’s 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. Any available opt-in opportunities are not required to enter any Promotion, and opting in will not improve your chances of winning.
11. Waivers, Disclaimers, and Releases. BY PARTICIPATING IN A PROMOTION, EACH ENTRANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE SPONSOR PARTIES AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH PARTY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS (INCLUDING REASONABLE ATTORNEY’S FEES), LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF SUCH PROMOTION, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE PROMOTION; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, LOSSES, DAMAGES, OR INJURIES TO ENTRANT’S OR ANY OTHER PERSON’S EQUIPMENT OR OTHER PROPERTY, OR TO THEIR PERSONS, INCLUDING THOSE ARISING FROM ANY TRAVEL TO/FROM ANY EVENT OR ACTIVITY THAT IS PART OF SUCH PRIZE); (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO SUCH PROMOTION; (D) THE RELEASED PARTIES’ ACTUAL OR ALLEGED VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, OR BASED ON ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (E) ANY TYPOGRAPHICAL, HUMAN, OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION, OR ANNOUNCEMENT OF ANY PROMOTION ACTIVITY AND/OR ANY PRIZE. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with a Promotion and/or with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Entrants agree and that the Released Parties shall have no responsibility or liability for: (i) the discontinuation of a particular prize; (ii) human error; (iii) incorrect or inaccurate transcription of registration and/or account information; (iv) any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Sponsor interruption or inability to access the Website, application, or any online service via the internet due to hardware or software compatibility problems; (v) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of a Promotion; and (vi) any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects, and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all liability resulting or arising from a Promotion and to release all rights to bring any claim, action, or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the a prize, including express warranties provided exclusively by a prize supplier that may be sent along with such prize.
12. Limitations of Liability; Legal Rights; Choice of Law. By participating in a Promotion, entrants acknowledge and agree that everything regarding such Promotion, including the Website, any Broadcast and any prize in such Promotion, are provided “as is” and that Sponsor makes no representations or warranties of any kind, express or implied, about any prize and Sponsor hereby disclaims all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL ENTRANTS. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IN NO EVENT SHALL THE SPONSOR PARTIES BE LIABLE FOR ANY INDIRECT, SPECULATIVE, OR PUNITIVE DAMAGES, OR COSTS OF LITIGATION.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing or production errors, or by any of the equipment or programming associated with or employed in a Promotion; (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 a Promotion; (4) technical or human error which may occur in the administration of a Promotion, the processing of entries, or the notification of a winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in a Promotion or receipt or use or misuse of a prize from a Promotion.
BY ENTERING A PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH SUCH PROMOTION, OR THE PRIZE(S) FOR SUCH PROMOTION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
Only the prize(s) noted for a particular Promotion on the Website and/or in Broadcast(s) are available to be won in such Promotion.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules or the rights and obligations of entrants, the Sponsor Parties, or the Released Parties in connection with a Promotion will be governed by and construed in accordance with the internal laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
13. Construction. 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 such provision is determined to be invalid or otherwise unenforceable, these Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy, or terms of use on any website or application and/or the terms and conditions of these Rules, these Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion; provided, that, the eligibility requirements set forth on the Website or in Broadcast(s) for a particular Promotion will govern with regard to such Promotion.
14. Official Rules; Winner(s) List; Questions. For a copy of these Rules or a list of the winner(s) of a particular Promotion, send a self-addressed, stamped envelope to “Winner List/Official Rules” (as applicable), [PROMOTION NAME], 2000 Reams Fleming Blvd., Franklin, TN 37064. Please include the name of the Promotion. If you have any questions regarding a Promotion, please contact Network Promotions, 2000 Reams Fleming Blvd., Franklin, TN 37064.
15. Use of Information. The information collected by the Sponsor Parties is used to improve an entrant’s experience with the services provided by the Sponsor Parties. Entrant visitors are provided services tailored especially for them, or to inform them about new features or services of the Sponsor Parties. Occasionally, the Sponsor Parties additional user surveys to better target the music played on Broadcasts.
While the Sponsor Parties may use third party vendors to communicate with an entrant, such entrant’s information, including such entrant’s name and email address, will not be sold, shared or disclosed with any third party outside of the Sponsor Parties unless otherwise noted in a specific consent or other entry, or as necessary to provide communications from the Sponsor Parties through third party vendors. The Sponsor Parties employe strict security measures to safeguard online transactions, and personal information is stored in a secured database and always sent via an encrypted channel.

