“FLY AWAY TO THE ESPYS” Contest Rules
OFFICIAL “FLY AWAY TO THE ESPYS” TEXT to WIN SWEEPSTAKES RULES
Contest Name: FLY AWAY TO THE ESPYS (the “Sweepstakes” and/or “Contest”)
Dates of Contest: June 7, 2012 through 11:59 PM on July 4, 2012, inclusive.
Station(s): 1080AM WHOO, 1040AM WHBO
Station Address: PO Box 25434, Tampa, FL 33622
SPONSORS: D.G. Yuengling & Son, Inc., Verizon
Genesis Communications I, Inc., Genesis Communications II, Inc., Genesis Communications of Tampa Bay, Inc., Starter Enterprises, Inc. or the subsidiaries and affiliated companies thereof (together, the “Company”), will conduct its contests substantially as described in the official contest rules, and by participating, each participant agrees as follows:
1. ELIGIBILITY: There is no purchase necessary to enter or to win. A purchase will not
increase your chances of winning. The Sweepstakes is open to legal U.S.
residents who are 18 years of age or older as of the date of their entry or the expiration of this
contest. Satisfactory proof of age and identification will be required. Void where prohibited by
law. By entering the sweepstakes by text the entrant or winner is agreeing to all these
rules. Sponsors reserve the right to void any entry or winner not in compliance with the rules
stated above and below. Sponsor reserves the right to terminate the sweepstakes at any time
and to change the rules.
2. PARTICIPATING RETAILERS:
Participating Verizon Wireless Retail Stores in Central Florida
Participating Circle K store locations in Greater Orlando
Participating 7-11 store locations in Greater Orlando
3. HOW TO ENTER: Simply text by wireless, SMS-capable phone the stipulated and
advertised keyword in your geographic area for this program to the short code number, 24587.
Keywords may be found in the following participating retailers listed above.
The text keyword is found on all sweepstakes point-of-sale materials at participating retailers.
All entries are logged and inventoried by computer. You may not receive any notice that you
have been entered. All entries must be received by 11:59:59 PM EST on July 4, 2012. Only one entry per phrase, per phone for the entire Contest Period, regardless of the method of entry. If multiple entries are found, they will all be disqualified. Entries are subject to any applicable restrictions or eligibility requirements listed herein. Entries will be deemed made by the authorized account holder of the email or telephone phone number submitted at the time of entry and qualification. Incomplete and/or multiple entries will be disqualified. Use of any device to automate entry is prohibited. The Company is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. Company is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete entries or mail. Multiple participants are not permitted to share the same email address or phone number. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest 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, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of receipt by the website administrator for online entries. When applicable the website administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest entries must contain all information requested and must be received on or before the deadline for registration to be deemed valid. All Entries become the property of Company and will not be receipt acknowledged or returned. You must be 18 years of
age and text from your own cell phone. Your cell phone carrier’s standard text-message rates
apply. There is no cost from the Sponsor for texting to win. Other charges may apply; check
your mobile plan for details. Available on participating carriers only. Important notice: Your
wireless service provider may charge you for each text message you send and receive.
Please consult your wireless service provider regarding pricing plans.
Alternate method of entry:
You may also enter by submitting a 3” x 5” card with your full name, address, city, state,
zip, cell phone or telephone number, email address, date of birth and the text keyword for your
geographic area. All entries must be complete and legible to be valid. All incomplete/illegible
entries are void. Mail your entry to: FLY AWAY TO THE ESPYS Sweepstakes,
PO Box 25434, Tampa, Fl 33622. Limit of one (1) entry per person. No mechanically reproduced or photocopied entry forms will be accepted. All text and mail-in entries must use the stipulated text keyword to enter this sweepstakes. Due to the United States Postal service holiday, mail-in entries must be postmarked no later than July 1, 2012. Any entry post marked later than July 1, 2012 and as mail entry not received within 2 days after July 1, 2012 are immediately considered invalid.
4. CONTINUAL/TRANSMISSION USE: Sponsor may from time to time text you specials,
offers, features, promotions or advertising that it deems appropriate. By entering this
Sweepstakes you agree to these terms and conditions and agree to accept such text
messages. Participants will be provided an option to opt out of any additional text messages.
It is the participants’ responsibility to opt out of receiving any additional text messages when
5. DRAWING/GENERAL CONDITIONS: (1) Winner will be selected by a random drawing conducted under the supervision of a impartial party. Decisions are final and binding. Winner will be notified by a text message to the cell number the Winner used when the Winner entered by text or by a phone call at the cell phone number or e-mail addresses provided in a mail-in entry. The agency will attempt to contact the potential Winner by these methods only. The Winner will be required to sign and return (via certified mail) an Affidavit of Eligibility, Waiver
and Release and a W-9 Federal I.D. Form if necessary, post marked within two (2) days of
receipt of notification or an alternate Semi-Finalist will be selected. In the event that the Semi-
Finalist selected not be confirmed and verified within (2) days of notification, the prize will be
awarded to another participant. The Winner will be required to execute a liability/publicity
release (except where prohibited). Failure to return the affidavit and release and Federal Tax
ID form in two (2) days constitutes forfeiture of the prize and the prize will be awarded to an
alternate Participant/Winner. Sponsor reserves the right and insists that the Winner present
valid state photo identification proving they are 18 years of age or older and their identity. If the
Winner is employed during this contest they must also prove to the Agency their place of
employment. If prize notification is unsuccessful, or in the event of non-compliance with any of
these rules, regulations, terms or conditions, the prize will be forfeited and an alternate Winner
will be selected from the remaining eligible entries. By entering the sweepstakes by text or
mail the entrant or Winner is agreeing to all these rules. Sponsor reserves the right to void
any entry or Winner not in compliance with the rules stated above or below. Prize acceptance
constitutes permission by the Winners(except where prohibited by law) to use, print, publish
and broadcast in any media at any time, the Winner’s name, photograph, identity, portrait,
voice, likeness and biographical information for publicity purposes without additional
compensation or review.
6. Grand Prize Finalist Drawing: The Prize is as follows:
a) Two (2) tickets to the 2012 ESPY Awards at the Nokia Theater in Los Angeles, CA
b) $1000.00 towards Airfare for two persons to Los Angeles, CA, July 10 – 12, 2012
c) Two person Hotel Accommodations for two nights, July 10 – 12, 2012 in one, double occupancy room in Los Angeles, CA
Additional expenses are the sole responsibility of the Winner and their guest. All expenses and costs not expressly listed above including, but not limited to, food and beverages, gratuities, souvenirs, and taxes are the Winner’s sole responsibility.
Grand Prize and Conditions:Grand Prize Winners will be required to execute and return an
Affidavit of Eligibility, a Liability Release and Publicity release, a copy of their current valid
driver’s license and proof of insurability within 5 days of the date of the event. Grand Prize is
not transferable or redeemable for cash. You may not substitute the Grand Prize for any other
prize. All taxes are the Grand Prize Winner’s responsibility and a 1099 tax form will be sent to
the Grand Prize Winner in an equivalent amount of the Grand Prize value awarded. Prize
acceptance constitutes permission (except where prohibited) to use winner’s name and
likeness for publicity purposes without additional notice or compensation. How to Play and Winner Selection: On or about July 5, 2012 the Company will at random select from all eligible entries received. The potential winner must be available to participate when applicable to be eligible for the Grand Prize in any portion to the contest that participation may be required. No more prizes other than the stated prize(s) below will be awarded. The Company reserves at its sole discretion the right to choose an alternative qualifier in the event that that a qualifier has been disqualified or is deemed ineligible. If the entrant is unable to verify registration information the entrant will automatically be disqualified and their prize will be forfeited. The Station/Website, in its sole discretion, reserves the right to select an alternate entry at that time. The Company is not responsible for any change of email address, mailing address and/or telephone number of entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication Station may use to contact the qualifier and/or a potential winner. The Station is not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a minor, for late, misdirected, or unsuccessful
efforts of the entrant to provide signed parental or guardian consent. If the potential winner does not claim the prize within the appropriate time given upon notification or unless otherwise stated herein, the entrant will automatically be disqualified and their prize will be forfeited, no alternative prize will be substituted. Furthermore eligible contestants agree as follows:
All decisions of the judges will be final. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Station/Website/Company, that the decisions of the Station/Website/Company is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you not comply with the rules, then the eligible winner will be disqualified. The Station, in its sole discretion, reserves the right to select an alternate qualifier and/or potential winner at that time.
7.PRIZE/ODDS: There are three (3)prize winners, one per phrase. Actual odds of winning depend on the number of valid entries received.
8. RELEASE OF LIABILITY: By entering the Sweepstakes, all entrants
and winners agree to release and hold harmless all Broadcast entities, website publications, Sponsors, participating retail store locations, Advertising, participating mobile service providers and their respective parent companies, distributors, affiliates and subsidiaries, their respective service agencies and independent contractors; their respective directors, officers, agents and employees; and all others associated with the development and execution of this sweepstakes (collectively, the
“released parties”) from any and all liability with respect to or in any way arising from the
sweepstakes, participation in any sweepstakes-related activity event or travel and/or
acceptance, possession or use or misuse of the prize, or delivery or misdelivery of the prize,
regardless of whether such claims are founded in whole or part upon alleged negligence,
gross negligence or willful misconduct of any of the released parties, and including, without
limitation, liability for any personal injury, bodily injury (including but not limited to wrongful
death or disability), damage to or loss of property or damage or loss of any other kinds. Each
entrant and winner also waives all rights to claim damages and losses including but not limited
to punitive, incidental and consequential damages and rights to have damages multiplied or
increased. If, for any reason, the sweepstakes is not capable of running as planned by the
Sponsor, including but not limited to federal, state, or local laws, delays, fraud, technical
failures, or any other causes that, in the sole opinion of Sponsor, could corrupt or affect the
administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor
reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the
sweepstakes. Sponsor is not responsible for late, lost, stolen, misplaced, misdirected,
damaged, incomplete or incorrect cell phone numbers, text or mail-in entries. Sponsor, its
agency and their affiliates are not responsible for transmission, mechanical, electrical or
computer errors. All entries become the exclusive property of the Sponsor and Ashley
Advertising and will not be returned. Sponsor and its agency are not responsible for wrong
addresses, non-delivered or delayed mail or texted entries.
9. WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope no later
than thirty (30) days from the expiration date of the contest to: ESPYS FLY AWAY Text to WIN
Sweepstakes, C/O GCTB, PO Box 25434, Tampa, FL 33622.
10. EXEMPTIONS: Employees of the radio stations, of D.G. Yuengling & Son, Inc., their distributors and any suppliers, distributors, retailers or other persons licensed to sell alcoholic beverages and their
respective employees, affiliates, subsidiaries, advertising or promotions agencies, or
immediate family members are not eligible to participate. Any person licensed to sell alcoholic
beverages, as well as members of the same household of any such employee or agent, may
not participate. Immediate family is defined as: Mother, Father, Spouse, Children, Son-In-
Law, Daughter-In-Law, Mother-in-Law, Father-in-Law, Grandmother, Grandfather,
Grandchildren or any relative or other person residing in such exemption’s place of residence.
11. COMMENCEMENT/EXPIRATION DATES: The Sweepstakes begins on , June 7, 2012
at 10:00 AM and ends at 11:59:59 PM EST on July 4, 2012.
12. TRANSMISSION COST: There is absolutely no cost charged to either you or your cell
phone by the Sponsor to enter this sweepstakes; however your normal text charges will apply.
Sponsor in no way will be liable for your text or cell phone expenses and assumes absolutely
13. CLAIMS:Any claims or controversies relating to or arising from this sweepstakes shall be
governed by and interpreted in accordance with the laws of the State of Florida without
regard to the conflicts of law principles thereof and shall be brought in the State and Federal
Courts located in Tampa, Florida. Each entrant agrees to that venue and
jurisdiction and the exclusive jurisdiction of those courts and waives any and all objections to
jurisdiction and venue in those courts. Further, in any such dispute, under no circumstances
will participant be permitted to obtain awards for and hereby waives all rights to claim punitive,
incidental; or consequential damages, including reasonable attorneys fees, other than
participates actual out-of-pocket expenses (i.e. costs associated with entering this
sweepstakes) and participant further waives all rights to have damages multiplied or
Conditions and restrictions may apply. The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize, except in Company’s sole discretion.
All prizes must be redeemed from the Station within 30 days of the contest end date unless otherwise stated in the contest’s official rules.
Winners are solely responsible for any taxes on their respective prizes. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Company.
If a prize, or any portion thereof, cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value, as determined by the Company in its sole discretion. Winner(s) must present state authorized identification prior to being awarded the prize.
If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an
alternate winner or not to award that winner’s prize, in its sole discretion.
Certain prizes are date specific (i.e. concerts, trips) and the winner or winners must be available on the dates specified. If the winner is not available on the specified dates, winner will be disqualified and the Company reserves the right to choose an alternative grand prize winner.
Certain prizes which are date specific such as event or concert tickets, Company is not responsible for the cancellation or rescheduling of any event and no substitution or compensation shall be awarded.
Company reserves the right to not award the grand prize associated with that canceled event or concert, without any payment or obligation to the winner or potential winner. Location of seats and tickets are in Company’s sole discretion.
If actual value of the prize is less than the stated ARV, or the winner or his/her guest(s) and/or eligible travel companion(s) forfeit, do not use, or are ineligible for any portion of the prize, the winner will not receive the difference between the actual and approximate retail value, and such difference will be forfeited.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. No more than the advertised number of prizes will be awarded.
Prize Conditions and Restrictions: The Grand Prize is subject to certain terms and conditions as specified herein. Winner and guest must comply with all rules and regulations. Failure to do so may result in forfeiture of prize in its entirety.
The prize elements will be awarded as described herein (subject to legal restrictions, etc). If the winner is disqualified or is found to be ineligible for the contest, the Company reserves the right to determine an alternate winner or not to award the prize, at its sole discretion.
By accepting the prize, Grand Prize Winner must agree to the prize conditions on participation
and must sign a release to be eligible to receive a prize and hereby agrees that: (i) that all decisions of the Company, judges, and Contest Entities with respect to the Contest are final and binding; (ii) to release the Company, Station and sponsors and their respective parent companies and affiliates, officers, directors, employees, agents, and licensees from any and all claims in connection with the Contest and the award or use of the prizes; (iii) to allow the Company to and sponsors to use their names, voices, photographs, likenesses, biographical material, in any advertising or broadcasting material relating to this contest, without additional financial or other compensation; and (iv) where allowed by law, sign a
publicity release confirming such consent prior to acceptance of the prize. The Contest Entities 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 (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, 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 Contest Entities’ sole control. All other costs and expenses related to prize acceptance and use not specified herein as being provided are the sole responsibility of Prize winner. Station does not make, and is not responsible in any manner for, any warranties, representations, or guarantees, express or implied, in fact or law, relating to any prizes, regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition, or fitness for a particular purpose. The Station will have no further obligation to winner.
Eligibility and Limitations. Participants and winner(s) must be legal residents of the 50 U.S. or D.C., be at least
21-years old, as of the date of entry and prize award as determined by the Company. No one under the age of thirteen (13) will be permitted to enter a contest under any circumstances. If the contest is open to minors, a parent or guardian of any participant who is a minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves listener participation by voting for a contest participant on the station’s website then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Station reserves the right to disqualify the contestant in its sole discretion. The potential prize winner and, if the potential
prize winner is under the age of the majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi), the potential prize winner’s parent or guardian, may (in Company’s sole discretion) be required to sign and return an affidavit of eligibility, release of liability and prize acceptance agreement (“Prize Acceptance Release of Liability and Publicity Release”) within twenty four (24) hours after the first (1st) delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated in the contest’s official rules. The potential prize winner’s failure to return all required forms within this time period may result in the potential winner being disqualified and an alternate winner may be selected from all remaining eligible entries. Employees of the Company, the Station, the Contest’s participating sponsors and their advertising agencies, employees of other radio or television stations, and members of the immediate family of any such persons are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children,
grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co- habitation or other family extension, and any other persons residing at the same household whether or not related.
Tampering and Delivery Disclaimer. (a) The Company, in its sole discretion, reserves the right to disqualify and
of The Company’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE
ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. If, in The Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, The Company reserves the right to void suspect Entry and/orevaluations and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified. For all contests the
By participating in a contest in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; the Stations do not guarantee, and shall not be responsible for, the delivery or timeliness of any text message entry. Not all wireless carries support access to a common short code (CSC). The CSC being used to enter a
contest may or may not be compatible with all wireless carriers, and as such, you may not be able to enter through the
CSC method of entry. Entrants may use the alternative entry method to ensure registration. The Station 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 and any technical problems or other complications that may have delayed
its delivery. The Station, through its third party text messaging administrators, will store all messages received on its
system, and will send participants reply texts relating to the Contest throughout the Contest Period and up to 60 days. For
help text HELP and to stop, text STOP to the specified program short code and follow the instructions provided at the
entry process. Standard text and data rates will apply. The Station is not responsible for service outages, message
failures, transmission delays or any other factor affecting the availability or performance of the text messaging
service. The Station further reserves the right to cancel, terminate or modify the contest if, in the sole discretion of the
Station, it is impossible or impractical to complete the contest as planned for any reason, including, but not limited to,
infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. The Station may
require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was
sent. The Station reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot
be reasonably determined. In the event of termination of the Contest by Company, Company reserves the right to award
any prize(s) in a manner deemed fair and equitable by Company. In no event will the type and quantity of prizes awarded
exceed the number of prizes described in the Contest Official Rules.
Consumer Created Content. If the entry for the contest includes any creative material from the participant,
including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or
other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the
ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the
company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and you are hereby granting the company and the station a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose. BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE
POSTED ON COMPANY’S WEBSITE, IN COMPANY’S DISCRETION. Content: (a) must comply with these
Company or its products, or other people, products or companies; (f) cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal information.