Dress Galaxy Giveaway

Dress Galaxy Giveaway
a. These rules govern the Dress Galaxy Giveaway promotion (the “Promotion”), which
is being conducted by KHMX-FM (the “Station”). The Promotion begins on April 3,
2017 and ends on April 7, 2017 (the “Promotion Dates”).
b. To participate in the Promotion, entrant may enter online beginning on April 3, 2017
at 12:00am Central Time (“CT”) and ending on April 7, 2017 at 9:59:00am CT (the
“Entry Period”) as follows:
i. To enter online, visit http://www.mix965houston.com and follow the links and
instructions to enter the Promotion and complete and submit the online entry
form during the Entry Period. Online entrants are subject to all notices posted
online including but not limited to the Station’s Privacy Policy. Limit one (1) entry
per eligible person during the Entry Period regardless if entrant has more than
one email address. Multiple participants are not permitted to share the same
email address. P.O. Boxes are not permitted. 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.
c. Five (5) winners will be selected at the conclusion of 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 Dress Galaxy, Inc., 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
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 respects.
b. Listeners are eligible to win a prize valued over $50 or ticket prize valued over $100
(per ticket) in a Station-conducted Promotion only once every thirty (30) days and a
prize valued at $600 or more only once every six (6) months. Only one (1) winner
per household is permitted in any Station-conducted promotion.
c. The winner may be required to present valid government-issued photo identification
and must provide their complete address, date of birth and phone number to claim a
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. Five (5) prizes will be awarded. Each prize consists of one (1) $400 Gift Card to
Dress Galaxy. The Approximate Retail Value of the prize is $400.00. The gift cards
expire April 15, 2017. Gift cards/certificates are only valid Monday-Thursday. The
winner(s) will be solely responsible for all taxes and all other fees and expenses not
specified herein associated with the receipt and use of the prize(s). The prize(s) is
awarded as is. The gift cards/certificates will be subject to the terms and conditions
as set forth by the issuer of the gift cards/certificates. Gift cards/certificates are not
refundable or transferable, and may not be substituted or exchanged for cash or
credit at any time, nor will gift cards/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 may be claimed at the office of the Station at
the address below during regular business hours. The winner will forfeit any prize or
prize certificate not claimed by 5:30pm on Tuesday April 11, 2017. 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. Five (5) winners will be selected on April 7, 2017 at approximately 10:15am CT in a
random drawing of all eligible online entries received during the Entry Period.
c. Odds of winning depend upon the number of eligible online entries received.
d. The winner does not need to listen to the Station or be present to win.
e. Potential winner will be notified of winning by telephone promptly following the
random drawing on April 7, 2017. Prize(s) will be awarded only upon confirmation of
eligibility and completion of all requisite releases. The winner must execute and
return any required affidavit of eligibility and/or liability/publicity release by 5:30pm
on April 11, 2017 or prize(s) will be forfeited and an alternate winner will not be
selected. If a potential winner 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 April 7, 2017 to Dress Galaxy
Giveaway Register to Win – Official Rules,” Attn: Promotions, KILT-FM 24 Greenway
Plaza Suite 1900 Houston Texas 77046. For the names of the prize winner(s) send
a self-addressed stamped envelope (VT residents may omit return postage) for
receipt by July 10, 2017 to the above address marked Dress Galxy Giveaway
Register to Win– 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 http://www.mix965houston.com.
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.mix965houston.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/Sponsor: KILT-FM 24 Greenway Plaza, Suite 1900, Houston, TX 77046
Sponsor: Dress Galaxy 451 Landing Blvd., League City, TX 77573


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