Sweepstakes Details
This is a full disclosure of all the terms, rules, regulations and conditions that govern the contest. These rules will be strictly followed.
TO ENTER & WIN, YOU MUST READ, AGREE AND COMPLY WITH ALL THE TERMS AND
CONDITIONS OF THE CONTEST AS SET FORTH BELOW:
1. Introduction: All contest entrants and winners are bound by these
rules. There will be no exceptions or variations from these rules under
any circumstances.
(A) By entering this contest, you hereby agree to fully comply with, be
bound by and fully accept all the terms, rules and conditions as set
forth herein.
(B) We have made every reasonable effort to secure from the
manufacturers and distributors the exact descriptions, photographs and
values of all the prizes to be awarded. However, if an event regarding
the availability of any prize arises which is beyond our control, Your
Weekend with Jim Brickman and WestStar TalkRadio Network hereby reserve
the right to change, at any time and at our sole discretion (including
before or after a prize is given away), any of the prizes without notice
or liability.
2. Eligibility:
(A) If you do not reside in the United States, you are not eligible to
enter or win a prize in this contest. This contest is open to residents
of the United States of America who are residing in the United States of
America and who are 18 years of age or older, only. This restriction is
due to certain United States government prohibitions and restrictions
regarding the exportation of certain types of software and electronic
devices. We regret that residents of other countries are not eligible to
participate.
(C) Employees and their immediate families or sponsors of Your Weekend
with Jim Brickman and/or any of its affiliate broadcast stations,
WestStar TalkRadio Network, WestStar Television Productions, Inc.,
WestStar Digital Audio Services, Inc., The Komando Corporation, Inc., or
any of the companies that are supplying contest prizes to this contest
are not eligible to enter or win. NOTE: (Employees of our affiliate
stations, together with their immediate families, are expressly
ineligible to enter or win in the contest. Any violation of this rule
could trigger cancellation of the affiliate station's Licensing Agreement.)
3. How You Can Enter:
(A) You may enter, only once, via the Web page at
www.jimbrickman.com. (NOTE: Contestants who enter more than once via
the Web page will be immediately disqualified and will have been deemed
to be ineligible to win.) Entries will be accepted until 12:00 a.m. (ET), October 1st, 2008.
(B) No entries via U.S. Mail, FedEx or any other means will be accepted.
4. How We Award A Prize: Prize(s) are awarded via entries received
through the /Your Weekend with Jim Brickman/ Web page at
www.jimbrickman.com.
(A) Web page winners will be selected via a random drawing of eligible
entries. (Contestants who enter more than once via the Web page will be
immediately disqualified and will have been deemed to be ineligible to win.)
(B) Winners will be selected and notified on or about September 7th, 2008.
5. Limitations of Liability & Disclaimer of Warranties:
(A) THIS CONTEST AND ALL THE PRIZES ARE PROVIDED FOR GIVEAWAY TO
ELIGIBLE CONTESTANTS (As described within these rules) ON AN "AS IS"
BASIS. THERE ARE NO WARRANTIES EXCEPT THOSE PROVIDED BY THE
MANUFACTURER. Your Weekend with Jim Brickman and WestStar TalkRadio
Network HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO
AWARDED-PRODUCTS, INCLUDING WITHOUT LIMITATION: (1) ANY AND ALL
WARRANTIES AS TO AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION
REGARDING ANY PARTICULAR PRODUCT OR PRIZE, PRODUCTS OR SERVICES; AND (2)
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(B) BY THEIR PARTICIPATION IN THIS GIVEAWAY, ALL CONTESTANTS ASSUME SOLE
LIABILITY FOR ANY AND ALL DAMAGES WHICH ARE CAUSED OR WHICH MAY BE OR
MAY HAVE BEEN CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT,
SOFTWARE ERROR, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, RELATED TO RECEIPT OF ANY PRIZES AWARDED.
(C) AS A WINNER, YOU HEREBY AGREE TO FULLY RELEASE AND TO FOREVER HOLD
HARMLESS YOUR WEEKEND WITH JIM BRICKMAN, WESTSTAR TALKRADIO NETWORK
AND/OR ANY OF ITS AFFILIATED COMPANIES, AFFILIATE STATIONS AND BUSINESS
AFFILIATES AND SPONSORS, FOR ANY POSSIBLE LIABILITY REGARDING ANY AND
ALL DAMAGES WHICH SHALL HAVE BEEN CAUSED OR WHICH SHALL HAVE ALLEGEDLY
BEEN CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT,
SOFTWARE ERROR, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, RELATED TO RECEIPT OF ANY PRIZES AWARDED.
(D) NEITHER YOUR WEEKEND WITH JIM BRICKMAN, WESTSTAR TALKRADIO NETWORK
AND/OR ANY OF ITS AFFILIATED COMPANIES, AFFILIATE STATIONS AND BUSINESS
AFFILIATES AND SPONSORS IS OR SHALL BE responsible for ANY full or
partial failure of ANY telephone OR INTERNET service at any level,
failure of any communications equipment or services WHICH PLAY A PART IN
THE OPERATION OF THIS CONTEST regardless of who IS OR WHO SHALL HAVE
BEEN DETERMINED TO be at fault or THE LACK OR DEFICIENCY OF OR in levels
of telephone service or Internet access in any regions or areas of the
United States OF AMERICA WHICH MAY AFFECT ANY ONE PERSON'S ABILITY TO
ENTER OR WIN IN this contest.
6. Prizes: The actual manufacturer or Brickman Music will
ship prizes to winners.
(A) UNDER NO CIRCUMSTANCES WILL ANY PRIZE OR AWARD BE SHIPPED TO AN
ADDRESS OUTSIDE THE FIFTY UNITED STATES OF AMERICA.
(B) Your Weekend with Jim Brickman/WestStar TalkRadio Network assumes no
responsibility with respect to any warranty, maintenance, suitability or
any other matters of this kind concerning any prizes awarded. These
issues shall be handled solely between the prizewinner and the sponsor
offering the prize. Prizes may take up to 12 weeks for delivery.
(C) In the unlikely event that any specific prize is not available (due
to events beyond the control of Your Weekend with Jim Brickman/WestStar
TalkRadio Network or any of its affiliated companies), we will do
everything reasonably possible to provide the winner with an alternate
prize of our choosing. In the event that no alternate prize can be found
and all other reasonable venues are closed, we may, at our sole
discretion, pay to any winner, and said winner hereby agrees to accept
as the complete fulfillment of the prize, the sum of twenty ($20.00)
dollars and any and all obligations to the winner arising from this
contest shall have been deemed to have been completely fulfilled.
(D) All prizes awarded are supplied by various
manufacturers/distributors for promotional consideration. That is, in
exchange for the product and its description being mentioned on the air
or via the Web page in conjunction with the actual prize being given
away. The prizes for this contest were not secured from the
manufacturers/distributors by Mr. Brickman personally nor was any
promise made or implied that the editorial content of any of Mr.
Brickman's on-air comments would be affected in any way whatsoever by
the provision of a prize or prize package. Both Mr. Brickman and
WestStar TalkRadio Network and its affiliated companies go to great
lengths to constantly observe and abide by all rules concerning payola,
plugola and The Sponsorship Identification Rule. (47 C.F.R § 73.4180; 47
U.S.C. § 317 & 507)
7. Taxes: The winning of a contest prize, especially a prize of high
value, may have tax ramifications for you. As required by Federal &
State Law, we may issue to you an IRS 1099 form in the amount of the
value of your prize. We may be required to report to the IRS your
winnings. To that end and in order to receive your prize, you hereby
agree to accurately report to us any and all information that we may be
required by law to collect for tax purposes. As a winner, by your
acceptance of any prize in this contest, you hereby acknowledge and
agree that you will bear sole responsibility for the payment of any and
all taxes for any and all prizes.
8. Publication of Winner Information:
(A) As a prizewinner, you hereby agree to the use by Your Weekend with
Jim Brickman/WestStar TalkRadio Network, prize suppliers and/or our
sponsors, your name (in prizewinners' lists and for other promotional
purposes to be determined by Your Weekend with Jim Brickman/WestStar
TalkRadio Network).
(B) Additionally, your name, face, voice and/or likeness may be used on
the air and in print and by entering and/or accepting any prize, you
hereby grant us the right to do so without further notice to you.
Information such as your telephone number and street or e-mail address
will not be made public.
(C) Winners further specifically agree that use by Your Weekend with Jim
Brickman/WestStar TalkRadio Network, prize suppliers and/or sponsors of
their name, voice, face or likeness or use of their descriptions in any
way and through any means now known or later devised will not be deemed
a violation of their privacy or individual intellectual property rights.
(D) The validity and operation of this rule will continue past the
duration of the contest and will survive in perpetuity.
9. Revision of our rules and rights: Your Weekend with Jim
Brickman/WestStar TalkRadio Network and/or any of its affiliated
companies reserves the right to modify these terms and conditions at any
time, and contestants must read this document again at a later date for
any changes.
10. Contestant Information: All prize awards will be delivered to
prizewinners in a timely manner (estimated 1-2 weeks, possibly as long
as 4 weeks).
(A) In the event that litigation should arise because of this contest,
all participants, by entering this contest, whether a winner or not and
whether or not the matter of winning is in dispute, specifically agree
and concede that the courts having first jurisdiction in any legal
matter regarding this contest are the courts of Maricopa County, Arizona.
(B) In the event that any rule or provision of this Contest shall be
found to be or have been in conflict with any state, municipality or
government jurisdiction, those rules will be changed as necessary to
conform to all laws, if possible. If not possible, the entire contest
will be deemed to be void in that jurisdiction or municipality and those
living there will be ineligible to participate or win. In the event that
any rule of this Contest shall be found to be invalid or in conflict
with any state, municipality or government jurisdiction, neither the
validity nor enforceability of any other rule of this Contest shall be
affected in any way whatsoever and shall remain in full force and effect.
(C) We have used our best efforts to insure the contest's integrity
regarding fairness in awarding of prizes. We have found that the chances
of winning any prize is dependent upon a large number of unpredictable
factors including, without limitation, Internet switching networks at
the specific time an Internet Web page connection is attempted. Also
affecting chances of winning are the number of valid Internet entries
received.
11. WestStar TalkRadio Network Radio Station Affiliates Please Note: To
the very best of our knowledge, this contest giveaway conforms to all
FCC rules and requirements and NAB guidelines pertaining to radio
contests. This contest is not a part of any other radio contest or
promotion. It is not a lottery. It is not misleading in anyway
whatsoever. No consideration of any kind is required for entry. We
nevertheless encourage you to obtain any legal guidance you may require
from your own legal counsel. All prizes will be awarded no later than
October 20th, 2008. (47 C.F.R § 73.1211)
12. If you win this prize, WestStar and/or Brickman Music does NOT supply cell phone service. That is an extra cost that would be the responsibility of the winner.
This contest and all rules and regulations hereto are Copyright © 2008
Your Weekend with Jim Brickman/WestStar TalkRadio Network, all rights
reserved. All products and logos (trademarked or otherwise) are the
property of their respective owners.
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