The Bolly 92.3 FM “X Contest”
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE
CHANCES OF WINNING. THE FOLLOWING CONTEST IS VALID ONLY IN CALIFORNIA,
AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW).
VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST
IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH
BELOW.
Contest
Name: The Bolly 92.3 FM “X
Contest’ (the “Contest”).
Promotion Period:
Contest registration is scheduled to begin at 12:00am PT on 3/25/2019 and end at 11:59pm PT 5/12/2019 or immediately following
receipt of the first 10,000 eligible entries, whichever occurs first (the
“Registration Period”). The order of the
grand prize winning list of Tesla vehicles is scheduled to be revealed on or
about 5/13/2019, and will be compared to all eligible entries received through the
end of the ‘Registration Period’. The
contest is subject to all applicable federal, state and local laws and
regulations and is void outside California, and wherever prohibited or
restricted by law.
Who May Enter: Contest is open to legal U.S. residents of California,
who are age 18 or older as of date of entry, with a valid driver’s license,
except the following classes of persons who are not eligible to enter,
participate or win:
a. Employees, officers, and directors of Bolly X 92.3 FM (“Sponsor”), Million Dollar Media, LLC (the
“Contest Administrator”), Universal Media Access and each of their respective
franchisees, affiliated companies, subsidiaries, distributors, retailers,
printers, advertising and promotion agencies, and any and all other companies
associated with the design or execution of this promotion (collectively
“Released Parties”) and the members of the immediate families or households of
any of the above, whether or not related. “Immediate family members” includes,
for purposes of this promotion, parents (including in-laws), grandparents,
siblings (including step-siblings), children (including step-children), grand
children (including step grand children) and each of
their respective spouses.
b. Individuals who do not have access to an
internet connection in order to visit the contest website, or a valid email
address to register.
Any available opt-in opportunities are not required to enter the
Contest, and checking the opt-in boxes will not improve your chances of winning. By
participating and submitting an entry, contestant agrees that sponsors and
participating parties are authorized to contact entrant via email, mail, phone
or any other form of media to make contestant aware of information pertinent to
the contest, and to distribute information regarding the Sponsor(s) featured
products, special events or promotional offers, or purchase incentives. Contestants may opt-out of any further email
communication at any time by simply replying REMOVE to any email message, or
following the provided opt-out instructions.
Each
participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another
individual or using another person’s email address or name will be disqualified
and ineligible to claim any prize. Any
attempt by any participant to obtain more than the stated number of entries
allowed by using same, multiple/different email addresses, identities, or any
other methods void that participant's entries and that participant may be
disqualified. No mechanically reproduced
or automated entries permitted. Use of
any automated system to participate is prohibited and will result in
disqualification and all such entries will be deemed void.
In
the event of a dispute as to any on-line registration, the authorized account
holder of the e-mail address used to register will be deemed to be the
registrant and he/she must be eligible according to these Official Rules. The
“authorized account holder” is the natural person assigned an e-mail address by
an Internet access provider, online service provider or other organization
responsible for assigning e-mail addresses for the domain associated with the
submitted address. All entries received
become the property of the Sponsor and will not be returned.
Grand Prize Contest:
Prior to the start of registration, the (10) featured Tesla vehicles will
be randomly arranged in a grand prize winning order from 1 to 10 by
an independent promotions company (Million Dollar Media, LLC). The predetermined winning list created by
Million Dollar Media, LLC will then be placed in a sealed security envelope. The sealed security envelope containing the
order of the grand prize winning vehicle list will be provided to the Stations
prior to the start of the contest. Each Tesla vehicle will be used a maximum
of one time to create the predetermined winning list.
At the conclusion of the contest registration period on or about 5/13/2019, or immediately
following termination of the contest registration, Sponsor shall submit each
eligible entry received to the promotions company for comparison to the grand
prize winning ‘parking list’. A
representative of the promotions company shall compare each eligible 10-vehicle
parking list submitted and received from each eligible contestant to the actual
predetermined grand prize winning 10-vehicle parking list, to determine if any
contestant has correctly guessed the winning list in exact order (1 – 10). In
the event a winning list has been submitted, the contestants(s) who submitted
the winning list will be immediately notified, and will eligible to claim the
grand prize, subject to verification and compliance with these Official
Rules. If no contestant has submitted
the items in the winning order, then the
grand prize will not be awarded.
Prize Award & Delivery:
Grand Prize: In the event an eligible contestant has
submitted a list of the 10 featured Tesla vehicles that exactly matches the
predetermined grand prize winning parking list in exact order from 1 to 10,
that contestant will be eligible to claim the grand prize subject to approval and
verification of compliance with these official rules. The grand prize is: a new Tesla Model X with a maximum MSRP not to exceed $100,000,
including sales tax.
A maximum (1) grand prize will be awarded. In the
event of more than (1) eligible grand prize winning entry, then a random
drawing shall be held from among all eligible entrants who submitted a grand
prize winning parking list to determine the grand prize winner. In the event that no finalist successfully
completes the grand prize winning requirements, then the grand prize will
not be awarded.
Winner must accept delivery of prize vehicles from
the sponsor designated dealer, or as otherwise specified by Sponsor. Administrator will solely designate and
specify available vehicles including make, model, color and options for Grand
Prize winner’s prize award. Grand Prize winner may not substitute,
exchange, or apply the vehicles’ value towards a higher cost or alternate
vehicles. Designated vehicles must be
the Sponsor designated vehicles that are currently in designated dealer’s stock
of inventory.
Administrator reserves the right to award an alternate year model (i.e. 2018), if the 2019 model is not
available at the time of prize award.
If the designated combined prize vehicle
MSRP is under $100,000, the winner will not be awarded the difference between
the vehicle’s actual MSRP $100,000.
All other costs and expenses related to
prize acceptance and use not specified herein as being provided are the sole
responsibility of Grand Prize winner, including but not limited to tax, title,
insurance, license and registration fees.
All income, federal, state and local taxes are Grand Prize winner’s sole
responsibility. All grand prize awards
are non-transferable and no cash redemption or prize substitution allowed,
except at Administrator’s sole discretion or as provided herein. Administrator reserves the right to
substitute a prize of comparable or greater value, at its sole discretion.
Grand prize winner, if any, will be required
to complete and return a W-9 form, affidavit
of eligibility, and liability/publicity release, and present a valid driver’s
license and social security card before prize will be awarded. Winners of prizes greater than $600.00 will
be issued a 1099 form reflecting the value of the prize and are responsible for
paying all income taxes on prize.
Failure to collect or properly claim any prize in accordance with these
rules will result in forfeiture of the prize.
If forfeited for any reason, contestant will not receive any other prize
substitution or compensation. Total
maximum value of grand prize: $100,000.
Bonus
Prize Contest – Closest Guess - Maximum of (1) prize award: In the event there is not a grand prize
winning entry, the eligible contestant who has submitted a list entry that is
closest to the predetermined grand prize winning list will be declared the
‘Bonus Prize Winner’. In the event of
any grand prize winner(s), the bonus prize will not be awarded. The bonus prize winner will be determined by
identifying the contestant who has submitted the most items in the correct
winning order, starting with the first item.
As soon as a contestant has an item in the wrong order, their entry will
be considered disqualified – regardless if any additional items are in the
correct position later in their list. In the event of a tie between any
eligible contestants (i.e. two or more contestants have arranged the same
number of items in the correct order starting with the first item), then a
random drawing will be held among tied contestants to determine the bonus prize
winner. The bonus prize is: $1,000 Cash.
Additional
Rules & Restrictions: By participating in this Contest, entrants
agree to abide by and be bound by the Official Rules and the decisions of the
Sponsor and Administrator, which shall be final in all matters relating to this
Contest. In the event an entrant wins a
prize, and is later found to be in violation of these rules he/she will be
required to forfeit the prize or to reimburse Sponsor for the stated value of
the prize if such violation is discovered after winner has used the prize.
Participation in Contest constitutes permission for the Sponsor and its
designees to use entrants’ names, cities and states of residence and/or
likenesses for purposes of advertising and trade in any and all media now or
hereafter known worldwide on perpetuity without limitation or further
compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or
acts shall render entrants ineligible for any prize.
By participating, entrants agree to hold all
Released Parties harmless from any claims, losses, actions, or damages of any
kind, whether actual, incidental or consequential, for injury (including but
not limited to death), damages, losses or expenses arising out of or relating
to entrant’s participation in this Contest, or the acceptance, possession or
use/misuse of any prize, or participation in prize-related activities (including
but not limited to travel or activity related thereto), and to assume all
liability thereof.
Released Parties shall not be liable to
winner or any other person for failure to supply the prize or any part thereof
by reason of any acts of God, any actions, regulations, orders, or requests by
any governmental entity, equipment failure, terrorist acts, war, fire,
unusually severe weather, embargo, labor dispute or strike, labor or material
shortage, transportation interruption of any kind, or any other cause beyond
Released Parties’ sole control.
Participants
are restricted to use of ordinary and typical computer equipment, mobile phone
equipment, Internet access and cellular networks. Sponsor disclaims all
liability for the inability of a participant to complete or continue an entry
due to equipment malfunction, busy lines, inadvertent disconnections, acts
beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability
for received entries due to technical difficulties or transmission errors. The
Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure
in the delivery of any item sent by mail, courier, express, electronic
transmission, or other delivery method.
Released Parties are not responsible for 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 ability to participate in the Contest, and any
injury or damage to entrant’s or any other person’s computer or mobile phone
related to or resulting from participating in or downloading any information
necessary to participate in the Contest.
Released
Parties are not responsible for any other errors of any kind, whether computer,
technical, typographical, printing, human or otherwise, relating to or in
connection with the Contest, including, without limitations, errors which may
occur in connection with the printing or advertising of this Contest,
administration or execution of the Contest, the cancellation of the game, the
processing of entries or in the announcement of the prizes or prize
winners. Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering with the
entry process or the operation of the contest website.
Sponsor
reserves the right to cancel, modify or terminate the Contest if fraud,
misconduct or technical failures destroy or threaten the integrity of this
portion of the Promotion, in the opinion of the Sponsor/Administrator, or if a
computer virus, bug, or other technical problem corrupts the administration,
security, or proper conduct of the Contest as determined by
Sponsor/Administrator, in their sole discretion. In the event of early
termination of the Contest, Sponsor reserves the right to determine any
eligible prize winners from among all eligible, non-suspect entries received as
of the time/date of such termination.
If due to circumstances beyond the control
of the Sponsor, any event associated with this contest or the prize is delayed,
rescheduled, postponed or cancelled, Sponsor reserves the right, but not the
obligation, to cancel or modify the contest and shall not be required to award
a substitute prize.
IN CASE OF DISPUTES: By participating, each entrant agrees that (1) any and all disputes,
claims, and causes of action arising out of or in connection with this
Promotion, or any prizes awarded, shall be resolved individually, without
resort to any form of class action, and any judicial proceeding shall take
place in a federal or state court within the State of New Jersey; (2) any and
all claims, judgments, and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering this Promotion, but in
no event attorneys' fees; and (3) under no circumstances will entrant be
permitted to obtain awards for, and entrant hereby waives all rights to claim,
punitive, incidental, and consequential damages, and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant and Sponsor in connection with
this Promotion, shall be governed by, and construed in accordance with the laws
of the State of New Jersey, without giving effect to any choice of law or
conflict of law rules or provisions (whether of the State of New Jersey or any
other jurisdiction), that would cause the application of the laws of any
jurisdiction other than the State of New Jersey.
Odds:
The odds of winning the grand prize by correctly arranging the 10
vehicles in the winning ordered ranked from 1 to 10 are: 1:3,628,800. The odds of winning the bonus prize award are
based upon the total number of eligible entries received.
Winners List: For a copy of these Official Rules or for a list of prize winner(s),
send a self-addressed, stamped envelope to: The Bolly
X Contest, c/o Million Dollar
Media, LLC, P.O. Box 278, Woodbridge, NJ
07095. PLEASE SPECIFY which you
are requesting, official rules or winner list.
Requests must be received by 7/13/2019.
Contest Sponsor: The
contest is sponsored by Universal
Media Access – KSJO, 6050 Hellyer Ave. - Suite 100A, San Jose, CA 95138
Contest Administrator: The
contest is administered by Million Dollar Media, LLC, and P.O. Box 278,
Woodbridge, NJ 07095.