OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sweepstakes Name: Mojo's Cash for Class brought to you by Moran Chevrolet (the “Sweepstakes”)
Participating Stations/Websites: WKQI-FM / channel955.iheart.com; WSNX-FM / 1045snx.iheart.com; WVKS-FM / 925kissfm.iheart.com
Home Market Address: 27675 Halsted Road, Farmington Hills, MI 48331
This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor. For a copy of these Official Sweepstakes Rules, visit any of the Participating Stations’ Websites listed above.
List of Winner(s): For the names of the winners, send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Mojo's Cash for Class brought to you by Moran Chevrolet at 27675 Halsted Road, Farmington Hills, MI 48331.
For Qualifiers: This Sweepstakes is open only to individuals who are legal U.S. residents residing in Michigan or Ohio, eighteen (18)years of age or older at the time of entry (“Entrant”). Confirmed Qualifiers will be asked to nominate a Nominee for the corresponding Weekly Random Drawing. See Section 3 for more details.
Qualifiers must obtain a Nominee’s permission before nominating such person.
For Nominees: This Sweepstakes is open only to individuals who are legal U.S. residents residing in Michigan or Ohio who are employed by a public or private school, college or university and are eighteen (18) years of age or older at the time of being nominated by a Qualifier (“Nominee”). By participating as a Nominee, you agree to these Official Rules.
The Sweepstakes is subject to all applicable federal, state, and local law and regulations. Void outside of Michigan, Ohio and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and television station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize. Entrants must be participating on their own behalf and not on behalf of any employer or third party.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For national sweepstakes/contests, an individual may win only once (1) every fifteen (15) days. However, the same individual may not win more than one trip to a specific event. For local sweepstakes/contests, an individual may win only once (1) every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
2. TIMING. The Sweepstakes begins on August 28, 2023 at approximately 7:00:00 a.m. Eastern Time (“ET”) and ends on September 15, 2023 at 9:00:00 a.m. ET (“Sweepstakes Period”). The Sweepstakes Period consists of three (3) weekly entry periods, each a “Week” as outlined below.
· Week 1: August 28, 2023 – September 1, 2023
· Week 2: September 5, 2023 – September 8, 2023
· Week 3: September 11, 2023 – September 15, 2023
3. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER. During the Sweepstakes Period, listen to the Station on weekdays (Monday through Friday) (with the exception of September 4, 2023) between 7:00 a.m. and 9:00 a.m. for a “sounder” or cue to call in (“Playtime”). Be the designated caller for a particular Playtime. There will be two (2) Playtimes per weekday for the Sweepstakes Period for a total of 28 Playtimes. The designated caller for each Playtime (from all callers calling in to the phone number announced) will (a) be deemed a “Qualifier”, (b) win a Qualifier Prize, and (c) be allowed to nominate an eligible Nominee (as defined above) for the corresponding Nominee Drawing (defined below) (all subject to verification). Additionally, for each Week, there will be a random drawing from among all eligible Nominees nominated for that Week. One (1) Nominee will be selected in the random drawing to be named that Week’s Nominee Prize winner (subject to verification). See below and Section 4 for more details. If a designated caller is not eligible, the Sponsor may select the next consecutive eligible caller for that Playtime.
Instructions to Qualifiers to submit their Nominee nominations: Each Qualifier will receive instructions at the time of calling in regarding “how to nominate a Nominee”. The Nominee should be someone who has or has had a positive impact on student(s) attending the institution (school, college or university) in which the Nominee is employed. The Qualifier will have forty-eight (48) hours to call the Sponsor back (at the phone number provided) with their Nominee’s full name, contact information, place of employment, and brief statement of why they are being nominated. You must obtain the Nominee’s permission before nominating such person and advise them to read these Official Rules which can be found at your participating Station. Sponsor reserves the right to playback nominations and/or announce Nominee submissions on the air for promotional purposes without any consideration or compensation to Qualifier or Nominee.
· Listen to the Station for details on specific times to play. The dates and times of Station participation may vary and shall be determined solely by the individual participating Station and announced on air and the local participating stations, at their sole discretion may or may not choose to air all Playtimes due to programming obligations and other factors. No Playtimes will occur on Saturdays, Sundays or holidays. The participating Stations may or may not choose to announce exact times the cues will be announced.
· The Sponsor assumes no responsibility for Entrants not making timely phone calls to the Station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.
· WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations and other delays in the online streaming of its broadcast signal. Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions and should contact their local station to determine participation. On air Sweepstakes not valid on weekends and holidays.
As applicable: The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries/calls, regardless of cause. Multiple Entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. The Sponsor’s computer is the official time-keeping device for this Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the stated limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
4. NOMINEE PRIZE WINNER SELECTION/ODDS. On or about three (3) business days following a particular Week, the Sponsor will randomly select the one (1) Nominee Prize winner from among all eligible Nominees submitted for that Week. The odds of winning a Nominee Prize depend on the number of eligible Nominee submissions received for a particular Week.
All Qualifiers and the Nominee Prize winners may hereinafter also be referred to as a “winner”. All potential winners are subject to verification, including verification of eligibility.
WINNER NOTIFICATION/VERIFICATION: The potential Nominee Prize winners will be notified by phone and/or email and will be required to respond to the notification within five (5) days. Failure to respond within five (5) days may result in prize forfeiture.
As a condition of participating in the Sweepstakes, winners agree and acknowledge that in order to receive a prize, he or she must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential winners may be required to sign and return an affidavit of eligibility and any other forms necessary to verify eligibility and claim prize, along with the required releases within five (5) days (or as otherwise stated at the time of notification) as stated by Prize Provider (defined below). A potential winner's failure to return all required forms within the allotted time period may result in the potential winner being disqualified and, in the case of the Nominee Prize, the Sponsor may randomly select an alternate Nominee Prize winner from among all remaining eligible Nominee entries received for a particular Week, as determined by Sponsor in its sole and discretion.
The Sweepstakes Entities are not responsible for suspended or discontinued wireless or online service or for any change of winner’s email address, mailing address, and/or telephone number which may result in potential winner not receiving a prize notification. If (a) an attempted notification or prize is returned as undeliverable; (b) a potential winner cannot be contacted, fails to respond to the notification or does not accept the prize within the allotted time; (c) a potential winner fails to provide signed affidavits or releases or any other required forms within the stated time period; (d) a potential winner fails to present proper identification at the time of claiming a prize or fails to collect or properly claim any prize in accordance with these Official Rules; (e) a potential winner declines the prize; (f) a potential winner cannot be verified or is deemed ineligible; (g) a potential winner is disqualified for any reason; (h) a potential winner is not available to participate in any applicable Sweepstakes event(s) that participation may be required to be considered eligible; or (i) a potential winner is otherwise unable to accept the prize as stated, the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. If the selected Nominee Prize winner declines the prize, an alternate winner will be randomly selected from among all remaining Nominee submissions, for the applicable Week, as determined by Sponsor, in its sole discretion. If any alternate(s) similarly fails to properly claim the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize to another alternate but if it is unable to do so, the prize will be deemed unclaimed and Sponsor shall have no further liability, in connection with this Sweepstakes, to award unclaimed prizes. If a selected Qualifier declines their prize, the Qualifier Prize shall be deemed “unclaimed”.
5. PRIZE(S) .
Twenty-eight (28) Qualifier Prizes will be awarded (10 per Week for Weeks 1 and 3, and 8 for Week 2), each consisting of $500.00, awarded in the form of a check, payable to the Qualifier.
Three (3) Nominee Prizes will be awarded (one (1) per Week), each consisting of $5,000.00, awarded in the form of a check, payable to the Nominee winner.
Prize Provider: Moran Chevrolet
Prize(s) is subject to certain terms and conditions and restrictions may apply, as specified herein or as stated within the prize notification. Any difference between stated ARV and actual value of prize will not be awarded. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. The prize(s) may be fulfilled by a third party. The prize will only be awarded if properly claimed according to these Official Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are solely the responsibility of winner(s).
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS 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.
Released Parties are not responsible for: (a) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant's/Nominee’s ability to participate in the Sweepstakes; (b) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (c) any incorrect or inaccurate information, whether caused by an Entrant/Nominee, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (f) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (a) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant or Nominee in the Sweepstakes and/or (b) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
7. 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.
9. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each Entrant/Nominee agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury or death) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (a) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prize; and (b) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 7 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, 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, viral or communicable disease outbreak, 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 cause beyond the Sweepstakes Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
10. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
11. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each Entrant's/Nominee’s sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant or Nominee in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Sweepstakes rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
12. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S/NOMINEE’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
13. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify Entrants/Nominees of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, Entrants/Nominees agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant/Nominee be permitted to obtain costs, judgments, or awards for, and Entrant/Nominee hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant/Nominee further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant/Nominee. Participation in the Sweepstakes constitutes Entrant’s/Nominee’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s/Nominee’s fulfillment of all requirements set forth herein.
14. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant/Nominee and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.