KHMX #HoustonLove Promotion

KHMX #HoustonLove Promotion
a. These rules govern the #HoustonLove Twitter promotion (the “Promotion”), which is
being conducted by KHMX (the “Station”). The Promotion begins on Saturday,
October 15, 2016 and ends on Tuesday, October 25, 2016 (the “Promotion Dates”).
b. To enter the Promotion, entrant may enter via Twitter beginning on Saturday,
October 15, 2016 at 9:00am Eastern Time (“ET”) and ending on Tuesday, October
25, 2016 at 6:59am ET (the “Entry Period”) as follows:
i. To enter on Twitter, entrant must have a valid Twitter account in order to enter. If
they do not already have one, entrants can open a Twitter account for free at Once an entrant has an account, the entrant must follow
@Mix965Houston and send a tweet to @Mix965Housoton using the hashtags
#HoustonLove and #Entry during the Entry Period. No retweets will be counted
as entries; entrants must create an original tweet to @Mix965Houston using the
hashtags #HoustonLove and #Entry in order for the tweet to be valid. Entrants
must follow the Station Twitter account, @Mix965Houston, in order for their entry
to count. Entrants’ Twitter accounts must be set to “public” for the tweet to be
valid. If entrant’s account is set to “protected mode,” their tweets will not be
visible in the Station’s Twitter feed; and, therefore, will not be received by the
Station, resulting in your failure to enter the Promotion. Normal internet access
and usage charges imposed by your online service may apply. You will receive
one (1) entry for each tweet, per eligible person during the Entry Period
regardless if entrant has more than one email address or Twitter
account. Multiple participants are not permitted to share the same email address
or Twitter account. Entries submitted may not be acknowledged or returned.
Proof of submission of an entry shall not be deemed proof of receipt by the
Promotion administrator. By entering the Promotion, entrants consent to be
subject to all notices posted online including but not limited to CBS
Radio’s/Station’s Privacy Policy. Use of Twitter as a means of entry will be
subject to Twitter’s privacy policy and terms of service. Entrant specifically
agrees to release Twitter from any and all liability associated with this Promotion.
The Promotion is in no way sponsored, endorsed or administered by, or
associated with Twitter.
ii. The entry/tweet (i) may not be inappropriate, indecent, offensive, libelous or
defamatory, pornographic, sexually explicit, unlawful or plagiarized, or
disparaging to the Station or its sponsors as determined solely by the Station; (ii)
must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene,
excessively violent, racially, ethnically or otherwise objectionable or offensive in
any way, as determined solely by the Station; (iii) may not violate or encourage
others to violate any applicable law, statute, ordinance or regulation; (iv) may not
defame or invade publicity rights or privacy of any person, living or deceased, or
otherwise infringe upon any person’s personal or property rights or any other
third party rights; (v) may not contain commercial advertising, including but not
limited to logos, brand names, and slogans, other than those relating to the
Station or Promotion; (vi) may not include any viruses, worms, corrupt files,
Trojan horses, or other forms of corruptive code or content that may harm or
interfere with the Promotion website, any third party websites and/or the proper
conduct of the Promotion; and (vii) if found to be in violation of these rules will be
disqualified from the Promotion.
c. There will be up to a total of ten (10) winners selected in the Promotion.
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or
older and who reside in the State of Texas. Void where prohibited or restricted by
law. Employees, officers, directors and agents of Hard Rock Cafe, the Station, CBS
Radio Inc., their corporate affiliates, Station’s advertising and promotional agencies,
participating sponsors, prize suppliers, their respective affiliates (collectively, the
“Promotion Entities”) and other radio stations in the Houston-Galveston metropolitan
area, the members of their immediate families (spouse, parents, siblings or children)
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
b. Listeners are eligible to win a CBS Radio Houston (the “Cluster”) contest only once
every thirty (30) days. Only one (1) winner per household is permitted in any Cluster
c. The winner(s) 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).
d. 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.
a. Up to ten (10) prizes will be awarded in the Promotion. Each prize is a prize
certificate valid for dinner for the winner and a guest on October 26, 2016 at the
Hard Rock Café at 502 Texas Ave, Houston, TX 77002 (dinner will include food,
sodas, tax, and gratuities). The Approximate Retail Value of each prize is $60.00.
The prize certificate will be subject to the terms and conditions as set forth by the
issuer of the prize certificate. Prize certificates are not refundable or transferable,
and may not be substituted or exchanged for cash or credit at any time, nor will prize
certificates be replaced if lost or stolen.
b. 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 by 5:00pm ET on October 26, 2016. In the
event that a prize or prize certificate is mailed or shipped to the winner, it will be with
the prior written consent of the winner and therefore, winner assumes the risk of its
loss. The Station is not responsible for the safe arrival of a prize or prize certificate.
c. 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). 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, 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. Other restrictions may apply.
a. Decisions of the Station management with respect to the Promotion are final.
b. Up to ten (10) winners will be selected on October 25, 2016 at approximately
10:00am ET in a Station-conducted random drawing of all valid entries received
during the Entry Period.
c. Odds of winning depend upon the number of valid Twitter entries received.
d. Entrants do not need to listen to the Station or be present to win.
e. Potential winner will be notified by direct message on Twitter promptly following the
random drawing. Prize(s) will be awarded only upon confirmation of eligibility and
completion of all requisite releases. The winner(s) must execute and return any
required affidavit of eligibility and/or liability/publicity release by 5:00pm ET on
October 26, 2016 or prize(s) will be forfeited and an alternate winner will not be
selected. 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) 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).
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 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 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, in perpetuity, 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, 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 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’
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, online 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 Stationadministered
Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes to the rules 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).
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 October 26, 2016 to
“#HoustonLove Twitter Contest – Official Rules,” Attn: KHMX Promotions, 24
Greenway Plaza Suite 1900, Houston, TX 77046. For the names of the prize
winner(s) send a self-addressed stamped envelope (VT residents may omit return
postage) for receipt by December 26, 2016 to the above address marked
“#HoustonLove” Twitter 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 may be posted online at
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 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: KHMX-FM 24 Greenway Plaza Houston, TX 77046.
Sponsor: Hard Rock Café 502 Texas Ave, Houston, TX 77002.


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