KAT COUNTRY 103’S “KAT SPLASH SUMMER 2021” CONTEST OFFICIAL RULES
A complete copy of these rules can be obtained by contacting radio station KATM-FM (“Station”), owned and operated by Cumulus Radio LLC, 3127 Transworld Dr #270, Stockton, CA 95206, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the KAT Country 103’s “Kat Splash Summer 2021” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. NO PURCHASE IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
Eligibility. This Contest is open only to legal U.S. residents, excluding Florida and New York residents, age eighteen (18) years or older at the time of entry with a valid Social Security number and who own their home, reside within 65 miles of Salida, CA and within Stanislaus, San Joaquin or Merced counties or the California cities of Antioch, Brentwood, Oakley, Byron or Discovery Bay, who have not won a prize from the Station in the last 90 days valued at $500 or more and whose immediate family members or household members have not won a prize from the Station in the last 90 days valued at $500 or more. Void where prohibited by law. Employees of Cumulus Radio LLC, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. There may only be one (1) Qualifier per household and/or immediate family and a person may only qualify one (1) time during this Contest Period. The first person to qualify will be the one (1) and only one (1) Qualifier per household or immediate family member and all others are ineligible to enter.
2. Contest Period. The Contest will begin at 12:01am PT on May 17, 2021 and will run through 11:59pm PT on July 9, 2021 (the “Contest Period”) excluding May 31, 2021 (Memorial Day), June 18, 2021 (Juneteenth) and July 5, 2021 (Independence Day observed workday holiday) when the on-air portion of the Contest will not run. The Station’s computer is the official time keeping device for this Contest.
3. How to Enter. To enter:
(i) On-Air: Listen to the Station weekdays at approximately 7:20am, 11:20am, and 4:20pm PT during the Contest Period (except May 31, 2021, June 18, 2021 and July 5, 2021). When the Station plays the “cue-to-call” sounder, listeners should call the Station at 209-766-5103. Caller thirteen (13) to the Station, as determined by the Station in its sole discretion, will qualify to be a contestant at the Finale Event (as described below) (each a “Qualifier” or “Contestant”) where they will be eligible to win the Grand Prize (described below), provided that they meet the qualifying standards set herein. Time Delay Between Over-the-Air Analog Signal and Internet Broadcast: Due to the time delay that exists between the Station’s analog over-the-air signal and the Station’s online webcast, listeners who listen to the Station online may hear the cue to call later than listeners listening to the Station’s analog over-the-air signal. As a result, the odds of an online listener entering this Contest on-air may be diminished. (ii) Online: Visit the Station’s website www.katm.com during the Contest Period, click on the “Contest” link, click on the “KAT SPLASH SUMMER” Contest link, and complete an entry form. All entries must be received by 11:59pm PT on July 2, 2021 to be eligible to be entered to win. Limit one (1) email entry per person for the duration of the contest, no matter how many email addresses an individual may possess and use. On or about 7:20am PT on July 16, 2021, Station will select one (1) entry in a random drawing from among all valid online entries to become a Finalist to compete with all on-air Finalists at the Finale Event, provided they meet the qualifying standards set herein. Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry per day by using
multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected registrations, all of which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Station and will not be returned. Station reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted.
4. Contest Finale Event: “DJ Walker’s Pool Party”. On or about August 8, 2021 at approximately 2:00pm PT, Station will conduct the Finale Event “DJ Walker’s Pool Party” at a location to be determined. All Finalists will be required to register with Station for the Finale Event between 12:00pm and 1:30pm PT with valid identification and proof of home ownership (eg. A title deed with their name on the title or a mortgage statement with their name on it). All registered Contestants will be randomly divided into three (3) groups, and each group will play a different game. All Contestants must be ready to participate in their respective pool party game at 1:30pm PT. If a Contestant’s name or number is called, and they are not present, they will be disqualified. Group 1 will compete in a game in which each Contestant gets a t-shirt that has been soaked in water, rolled up, and frozen (shirts are identical). Men from this group will compete with other men and women will compete versus women. The Contestants in each group that opens up the t-shirt and puts it on first (i.e. head and arms through the t-shirt) will advance to the finale game. Group 2 will be divided into pairs of Contestants who have to play catch with a water balloon. After each successful toss, Contestants will step further apart at a distance designated by game officials, for the successive toss. Both Contestants from the team with the water balloon left that does not pop will be determined that game’s winners and move on to the finale game. Should more than one (1) pair be eliminated on the last toss, the remaining pairs from the last successful toss will re-compete until one (1) pair remains as the last to successfully keep their water balloon from breaking. Group 3 will compete in a game of cornhole (aka bean bag toss). In this game, each Contestant will get three (3) opportunities to hit a target from a designated distance with bean bags. The Contestants must stand behind a designated line before throwing and cannot step over any part of that line when throwing or during the follow through. If they do step over the line at any point, that toss will be ruled a “foul” and will not count toward their score. A beanbag will have to completely fall through a hole on the game board to count as a target hit. No bags hanging over part of a hole will count as a target hit. After the first round, the Contestant with the most targets hit will be declared the winner and will move on to the finale game. Should more than one (1) Contestant have the same number of targets hit, then each will move on to a second round and so on until only one (1) Contestant is remaining. That Contestant will move on to the finale game. At the conclusion of the three (3) preliminary games, Station will select one (1) Contestant to move on to the finale game in a random drawing from all eliminated Contestants . All eliminated Contestants are eligible for the second chance drawing unless they have been disqualified for misconduct. Winners from each of the three (3) games, plus the one (1) second chance Contestant will participate in the finale game…The six (6) Finalists will use identical super soakers to propel a child’s play ball across a pool to the finish line. The Contestant whose designated ball reaches the finish line first will win the Grand Prize. Any disputes will be reviewed by video playback. In the event that there is a dead heat tie, the Contestants involved in that dead heat tie will compete a second time or as many times necessary to break the tie. All decisions of the Contest judges will be final. In the event that a Contestant has a disability recognized by the State of California, that Contestant may, at their discretion and with notification to Station at least 48 hours prior to the start of the Finale Event “DJ Walker’s Pool Party,” designate one (1) (and only one (1)) able bodied person as their surrogate for the duration of the games at the Finale Event. All Contestants must be present for the duration of the Finale Event to be eligible to win and agree to be bound by all the Contest Rules. The winning entrant may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the claim the Grand Prize within the time frame provided below will result in disqualification and forfeiture of the Grand Prize.
Proxy Needed Due to Physical Disability or Sickness. Should a Finalist be physically unable to participate in the on-location Finale Event due to illness related to Covid-19 or physical disability, as verified by a doctor’s note, then the Finalist should (a) provide a doctor’s note to the Station no later than 10:00am PT on August 6, 2021, and (b) alert the Station as to the full legal name of the person who the Finalist chose as his/her proxy no later than 10:00am PT on August 6, 2021. After the one (1) and only one (1) proxy’s name is given, no other substitutions will be allowed for any reason. The substituted Finalist must meet the qualifications above by presenting a current, valid government issued photo ID and copy of the original Finalist’s deed or mortgage statement and check-in with the Station timely. Should a Contestant requesting a proxy not receive a confirmation from the Station that the note has been received, then it will be deemed not received for purposes of proxy substitution. Alerting the Station as to the need for a proxy substitution due to physical disability and/or illness is the sole and exclusive responsibility of the Finalist.
5. Alternate Finale Event: “The Pool Price Is Right!” In the event of County of San Joaquin or State of California regulations or the event venue itself barring a gathering of the type described above in “DJ Walker’s Pool Party” due to public health reasons, Station will conduct an alternate finale event (“Alternate Finale Event”). Alternate Finale Finalist Selection. On or about 7:20am PT on each day from July 12 – 15, 2021, Station select one (1) entry in a random drawing from among all valid on-air Qualifiers received by Station during the Contest Period and announce the Qualifier’s name on-air. The selected Qualifier has ten (10) minutes from the time their name is announced on the air to call Station at 209-766-5103 to claim their spot as a Finalist in the Alternate Finale Event. If the selected Qualifier does not connect to the Station talent on-air within the allotted ten (10) minutes, as determined by Station in its sole discretion, that selected Qualifier is disqualified, Station will select another Qualifier and repeat the process until one (1) Finalist can be determined for that day. There will be a total of four (4) Finalists determined from on-air Qualifiers in this Contest. As described above in Section 3(ii), on or about 7:20am PT on July 16, 2021, Station will select one (1) entry to be a Finalist for the Finale Event in a random drawing from among all valid online entries received by Station during the Contest Period. The Qualifiers will be notified at the time of the call where applicable or contacted using the email address and/or telephone number provided with the entry. For the online Qualifier, failure to respond to the initial verification contact within three (3) days of notification will result in disqualification. Alternate Finale Event: On or about 12:00pm PT on Saturday, August 7, 2021, the five (5) Finalists will compete at Trademark Pool & Spa (5492 Pirrone Rd. Suite A, Salida, CA) in a game called “The Pool Price Is Right?” All Finalists must check-in with Station beginning at 11:00am PT with a valid government issued identification and a copy of their deed or mortgage statement with their name printed on it as proof of home ownership. Any Finalist not checked in by 11:59am PT will be disqualified. PROXIES WILL ONLY BE ALLOWED WITH THE CONDITIONS PRESCRIBED BELOW. There will be five (5) rounds in which all five (5) Finalists will be asked the retail price of a pool related item (eg. Pool noodle, pool pump, etc.). Each Finalist must write down their answer before the host declares, “Stop writing!” Any Finalist who continues to write after the host declares, “Stop Writing” may be eliminated. The Finalist closest to the actual retail price without going over will win one (1) point for that round. At the end of five (5) rounds, the two Finalists with the most points will move on to the final “Showcase” round. If there is a tie for the second and final spot in the “Showcase” the tied Finalists will play one (1) more round to break the tie. In the “Showcase,” there will be multiple pool related items. The Finalist with the guess closest to the actual retail price of all the items combined without going over will be deemed the winner of the Finale Event and may be awarded the Grand Prize (subject to verification of eligibility and compliance with the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest.
If Finale Event or Alternate Finale Event is temporarily postponed or permanently cancelled due to disease, epidemic, pandemic, quarantine, any acts of government and/or any reason that is beyond the control of Sponsor and Prize Provider, then no substitution shall be provided by Sponsor and Prize Provider. Sponsor and Prize Provider make no representation or warranty about the safety of the Finale Event or Alternate Finale Event in light of COVID-19. Any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor and Prize Provider cannot guarantee that any person will not be exposed during a visit to a public place with other people. By attending the Finale Event or Alternate Finale Event, participants acknowledge the risk of large group gatherings and assume all risks of attending Finale Event or Alternate Finale Event.
6. Verification of Potential Winner. POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the Contest Prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified or determined ineligible for any reason, Station may award the applicable prize to the second place finisher in the Finale Event. If the second place finisher is disqualified or determined to be ineligible, Station may award the prize to an alternate winner by random drawing from among all remaining eligible Finalists.
7. Grand Prize. One (1) Grand Prize will be awarded in this Contest. The Grand Prize is a custom designed in-ground swimming pool, including filtering and drainage system, with concrete decking, as permitted by yard dimensions. The home/yard must have access to the yard for equipment with at least seven (7) linear feet of access. Grand Prize is provided by Trademark Pool and Spa Inc. (5492 Pirrone Road, Ste A, Salida, CA 95358) (“Prize Provider”). The Grand Prize will not exceed 85 perimeter feet and 400 square feet. ARV up to Sixty Thousand Dollars ($60,000). The winner’s name must be on the property deed of the property where the Grand Prize will be installed at the time of installation. If the winner decides to sell the home prior to the pool being built, the Grand Prize does not transfer to a new home, and the winner will be disqualified. Prize Provider will inspect the property to determine eligibility to receive the Grand Prize. The decision of Prize Provider on the fitness of the winner’s property for the Grand Prize will be in Prize Provider’s sole discretion. If a pool already exists on winner’s property, Prize Provider may be able to refurbish or make improvements to existing pool not to exceed the Grand Prize ARV. Winner is responsible for all permit fees and the costs required by the locality in which the pool is constructed and for such costs outside of normal excavation proceedings. Winner agrees to be bound by the terms and conditions contained in Prize Provider’s contract and the ancillary disclaimers and agreements, which are available for inspection at Prize Provider’s location prior to the Finale Event. Prize Provider is not responsible for any costs associated with mitigating any easement, encroachments or fees in obtaining any variances or the release of any restrictions that may be required by the locality in constructing the pool, nor for any increase in the winner’s real property taxes and water rates associated with the pool’s construction. Construction must begin on or before March 31, 2022 or Grand Prize will be forfeited unless the delay is the result of scheduling by Prize Provider. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason.
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
8. Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Cumulus Media Inc., and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
9. Publicity. Except where prohibited, participation in the Contest constitutes winner’s consent to Station’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
10. Taxes. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
11. General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest, or any part of it, for any reason, Station, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located. Any disputes, claims or controversies related to the Prize Provider or the installation of the Grand Prize shall be resolved by binding arbitration by an arbitrator selected by Prize Provider with the winner’s consent. Any lawsuits arising from disputes, claims, or controversies related to the Contest will be adjudicated in the Superior Court of California, Stanislaus County, California.
15. Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Contest Sponsor identified below.
CONTEST SPONSOR: Cumulus Radio LLC, KATM-FM, 3127 Transworld Drive #270, Stockton, CA 95206.
PRIZE PROVIDER: Trademark Pool and Spa Inc., 5492 Pirrone Road, Ste A, Salida, CA 95358