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Herbst Market Madness Official Rules

REV. 12/2016
The following promotion is intended for participants in the United States only, and will be governed by United States laws. Do not proceed in this promotion if you are not eligible or not currently located in the United States. Further eligibility restrictions are contained in the official rules below.
98.5 KLUC’s Herbst Market Madness Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
1. HOW TO ENTER
a. These rules govern the 98.5 KLUC’s Herbst Market Madness promotion (“Promotion”), which is being conducted by 98.5 KLUC (“Station”). The Promotion begins on Monday, April 18, 2017, and ends on Friday, April 21, 2017 (“Promotion Dates”).
b. To participate in the Promotion, entrants may enter on-air or on-site as follows:
c. To enter on-air, listen to the Station each weekday beginning on Monday, April 18, 2017, at 6:00 a.m. Pacific Time (“PT”) and ending on Friday, April 21, 2017, at approximately 10:00 a.m. PT, for the announcement of the cue to call. Upon hearing the cue to call, the twenty-fifth caller (25th) to get through to the Station contest line at 702-364-9898 will have the opportunity to play against Spence in the daily “Spence’s Challenge,” an on-air five question current events / pop culture trivia game upon confirmation of eligibility. Whether they win or lose against Spence during Spence’s Challenge each designated caller shall be deemed a Contestant and receive an opportunity to compete in the Herbst Market Madness prize event (“Herbst Market Madness Event”) on April 21, 2017 at the Terrible Herbst store at 9475 West. Desert Inn, Las Vegas, NV 89117 at approximately 5:30 p.m. PT. A maximum of five (5) Contestants shall be selected on-air. At the time of entrant’s call, entrant will be required to provide all personal contact information requested including entrant’s full name, complete address (including zip code), day and evening phone numbers and date of birth in order to be eligible to win. P.O. Boxes are not permitted. In the event that the selected caller is disconnected or is found to be ineligible, the next eligible caller who successfully makes it through on the call-in line and completes the call will be a winner. There is no limit to the number of times a listener may attempt to call in to win, but a listener may be a winner only once. Due to delays in the online streaming of the Station’s broadcast signal, listeners to the online stream may not be able to participate in or may be disadvantaged in participating in on-air contests. Entrants are encouraged to listen to the Station on-air. The Station is not responsible for online streaming delays of any nature.
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d. To enter on-site, listeners must go to the Terrible Herbst location at 9475 West Desert Inn, Las Vegas, NV 89117 between 4:30 p.m. PT and 5:20 p.m. PT and register for a chance to win the sixth and final spot in the Herbst Market Madness Event. Legibly hand write your first name and last name, complete address, city, state, zip code, telephone number (including area code), and date of birth on an official entry form and place the completed entry form in the dedicated collection box. P.O. Boxes are not permitted. All entries must be received by 5:20 p.m. PT on Friday, April 21, 2017. Entries submitted may not be acknowledged or returned. Failure to provide all required information may result in disqualification. Only one (1) entry per person on-site is allowed. Failure to provide all required information may result in disqualification. A maximum of one (1) Contestant shall be selected on-site.
e. Up to six (6) Contestants shall be selected – five (5) from on-air entrants, and one (1) from valid on-site entries from Terrible Herbst (each, a “Contestant”). Contestants must appear at the Terrible Herbst location at 9475 West Desert Inn, Las Vegas, NV 89117 at 5:20 p.m. PT to participate in the Herbst Market Madness Event on April 21, 2017 at the Terrible Herbst store at 9475 West. Desert Inn, Las Vegas, NV 89117 at approximately 5:30 p.m. PT.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or older at the time of entry and who reside in Clark or Nye County, Nevada. Void everywhere else and where prohibited or restricted by law. Employees, officers, directors and agents of Terrible Herbst Oil Co., the Station, CBS Radio Inc., each of their respective parents, subsidiaries, and affiliates, the Station’s advertising and promotion agencies, and participating sponsors or prize suppliers (collectively, the “Promotion Entities”) and other radio stations in the Station’s market, the members of their immediate families (spouses, parents, children, and siblings, regardless of where they reside) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects, and entrant agrees to waive any right to claim ambiguity in the Promotion or Official Rules, except where prohibited by law.
b. Persons are eligible to win a prize in a Promotion conducted by the Station once per contest and only once every six (6) months if the prize is valued over $600. Only one (1) winner per household is permitted in any Station promotion.
f. Each winner may be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize(s).
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c. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
3. PRIZES
a. Each of the six (6) Contestants shall participate in the Herbst Market Madness Event on April 21, 2017 at approximately 5:30 p.m. PT. During the Herbst Market Madness Event, each Contestant will be given ninety eight (98) seconds to go through the store and locate up to ten (10) clues or gift card prizes. The order of Contestants shall be determined randomly. Before the start of each ninety eight (98) seconds, each Contestant shall be provided the first clue. After they have located the gift card associated with that item they will find their next clue attached to that gift card. Each Contestant receives the same set of clues. There is a max of ten (10) clues and ten (10) corresponding Terrible Herbst gift cards available per Contestant. The maximum Approximate Retail Value of all gift cards per Contestant is $375. Each gift card will be subject to the terms and conditions as set forth by its issuer. Gift cards are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will they be replaced if lost or stolen.
b. Maximum ARV of all Prizes: $2,250.00.
c. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates must be claimed at the office of the Station at the address below during regular business hours. The winner(s) will forfeit any prize(s) or prize certificate(s) not claimed within ten (10) days of winning. Unless otherwise specified or required by law, if a prize is not claimed no alternate winner will be selected and the prize will become the property of the Station. The Station may opt to deliver the prize to the winner by mail or overnight courier solely at its discretion. In the event that the Station delivers the prize to the winner by mail or courier with the winner’s consent, the winner assumes the risk of the prize’s loss, damage or delay.
d. Prize(s) is not transferable, and no substitution, assignment or cash equivalent of prize(s) is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize(s). The Prize(s) is provided as is. Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties,
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expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose, with the exception of any standard manufacturer’s warranty that may apply. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. Up to six (6) Contestants may be selected as described in Section 1 of these Official Rules. Five (5) potential Contestants will be notified at the time of their winning call; odds depend on the order and number of calls received. One (1) potential Contestant will be selected in a random drawing of all on-site entries on Friday, April 21, 2017. Odds depend on the number of valid entries received.
c. Entrants must listen to the Station to win on-air or be present to enter on-site on Friday, April 21, 2017. Contestants must be present on Friday, April 21, 2017 to win.
d. Potential Contestants(s) will be notified by phone at the time of their calls. The potential Contestant selected on-site will be notified by announcement on-site. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. Upon notification or notification attempt, the potential winner(s) will be required to respond to such notification attempt and execute and return an affidavit of acceptance, eligibility, liability and publicity release within ten (10) days of such notification or notification attempt or prize(s) will be forfeited. If a winner has not reached the age of majority in his/her state of residence, the prize(s) will be awarded in the name of his/her parent or legal guardian. If a potential winner(s) is deemed ineligible for any reason, cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize(s). The Promotion Entities are not responsible for any changes in an entrant or winner’s email address, phone number, mailing address or other contact information.
5. CONDITIONS
a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). The winner(s) may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) valued at $600 or more or for any prizes awarded by the Station (or any other CBS Radio station in Station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent
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will result in forfeiture of the prize(s). Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner(s) (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce, advertising and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize(s) won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Station, the Promotion and/or its sponsor(s) for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize(s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winner(s), unless the nature of the event giving rise to such termination renders it impossible to select winner(s).
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize(s); (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen,
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mangled, misdirected, postage due, illegible, incomplete or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone or text message service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Released Parties’ control.
f. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to modify these rules for clarification or equitable purposes without materially affecting the terms and conditions of the Promotion, including, without limitation, the substitution of a prize(s) of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s). If any
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provision of these Official Rules is irrevocably inconsistent with any provision set forth on the Contest webpage, then the provision of these Official Rules will prevail but solely to the extent of the inconsistency.
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For a copy of these Official Rules, send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by the first business day following the end of the Promotion Dates to “98.5 KLUC’s Herbst Market Madness Contest – Official Rules,” Attn: Promotions, 98.5 KLUC, 7255 S. Tenaya Way Suite 100, Las Vegas, NV 89113. For the names of the prize winner(s) send a self-addressed stamped envelope (VT residents may omit return postage) for receipt within 60 days following the end of the Promotion Dates to the above address marked “98.5 KLUC’s Herbst Market Madness Contest – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and online at http://www.kluc.com.
6. PRIVACY
a. By participating in the Promotion, entrant agrees to the Station’s Terms of Use Agreement and to the use of entrant’s personal information as described in the Privacy Policy located at http://www.kluc.com. In the event of conflict between the Station’s Terms of Use Agreement and these Official Rules, the terms of these Official Rules shall apply.
Administrator: 98.5 KLUC 7255 S. Tenaya Way Suite 100, Las Vegas, NV 89113.
Sponsor: Terrible Herbst 9475 West Desert Inn, Las Vegas, NV 89117.

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