Contest Rules Wheel of Winning

[vc_row][vc_column][vc_column_text]General Contest Rules – including Wheel of Winning, Hot Summer Bingo and Twelve Days of Christmas

NOTE THAT RULES MAY VARY FOR SPECIFIC CONTESTS.

Any individual who enters, attempts to enter or in any way participates or attempts to participate in any contest, sweepstakes or giveaways (“Contest”) conducted by Wharton County Radio Inc. on KULP (hereinafter referred to as the “Sponsor”) (each such individual in hereinafter referred to as an “Entrant”) agrees to be bound by the terms and conditions provided in these Official General Contest Rules (“General Rules”), as well as by Sponsor’s interpretations of these General Rules which are final and binding in all matters relating to any Contest. Some Contests will have specific rules developed for them (“Specific Contest Rules”). In the event there is a discrepancy or inconsistency between these General Rules and the Specific Contest Rules, the Specific Contest Rules shall control.

NO PURCHASE NECESSARY:

Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.

APPLICABLE LAW (VOID WHERE PROHIBITED):

All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.

Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by visiting the office of the station during normal business hours. KULP is located at 515 East Jackson Street, El Campo, Texas 77437.

1. ELIGIBILITY.

Geographical, Age and Parental Consent Requirements:

Unless otherwise specified, each Contest is open to only to individuals who (i) are legal U.S. residents, (ii) who are 18 years of age or older at the time of entry and (iii) who reside in the state of TEXAS.

Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Contest Entities”); individuals employed by any other radio and televisions station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Contest or win the prize.

Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one prize within a specified time period. For sweepstakes/contests, an individual may win only once (1) every thirty (30) days unless other designated by KULP. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.

2. HOW TO ENTER:

Methods: Contest entries may be submitted as advertised or otherwise prescribed by Sponsor for the Contest. Generally, these will involve one or some of the following: (1) online entry (2) on-air entry (3) text to enter or (4) content submission or skill contest.

Warning: Online listeners who stream KULP will experience a lag in transmissions due to buffering limitations and other delays in the online streaming of the KULP broadcast signal.  Listeners of the online stream may not be able to participate in, or may be disadvantaged in participating in on-air promotions.

On-line Entries:

If a Contest accepts web entries, Entrants must accurately complete all required fields or the entry will be deemed incomplete and will not qualify.

On-Air Entry Method:

The Entrant must be the designated caller, from all callers calling-in to KULP, to the phone number announced; the designated caller, if eligible, will be declared a potential winner. If the Sponsor determines the designated caller is not eligible, the Sponsor may select the next consecutive eligible caller as the potential winner for that contest. Listen to KULP for details on specific times to play. The dates and times of contest may vary and shall be determined solely by the station and announced on KULP.  KULP may or may not choose to air all contests due to programming obligations and other factors.

The Sponsor assumes no responsibility for entrants not making timely phone calls to the station or other timed entry as a result of the delays in the Internet stream. Entrants should not rely on streamed broadcasts to participate in any promotion.

By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Contest that participation may be required to be considered eligible.

3. WINNER SELECTION.

Prize winners will be selected per the criteria announced for the Contest. If the Contest requires Entrant to answer trivia, provide information or otherwise perform in some manner to participate and qualify to win, the decisions of Sponsor and/or the other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information or other performance. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.

Generally, notification is deemed to have occurred immediately upon placing of a phone call or any other method of notification as specified in the specific contest.  If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.

Potential winner(s) is subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Contest events.

As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions.

4. PRIZE(S).

Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.

The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will be announced for each Contest separately. No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitute, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).

If tickets to an event are awarded as a prize, Sponsor is not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not issued.

The Sponsor is not responsible if any prize certificate that is lost, stolen, destroyed or used without permission. If the prize certificate is lost or stolen, it will not be replaced. No substitutions allowed except by Sponsor at its sole discretion for a prize of comparable value.

Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

Released Parties are not responsible for: (1) 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; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) 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; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (5) technical or human error which may occur in the administration of the Contest or the processing of entries.

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest and/or (ii) stop or conclude the Contest at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Contest by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

6. PUBLICITY.

Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.

7. USE OF PERSONAL INFORMATION.

The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes.

8. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.

By participating in the Contest, each entrant agrees to release and waive any and all claims of liability against the Sponsor. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 6 prior to acceptance of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, earthquake, war (declared or undeclared), fire, flood, epidemic, unusually severe weather, hurricane, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsors sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.

9. TAXES.

Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.

10. CONDUCT AND DECISIONS.

All decisions of the Sponsor will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, if more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Contest to the Sponsor’s and/or station’s “discretion” and/or any exercise of discretion by the Sponsor or station shall mean in Sponsor’s and/or station’s “sole and unfettered discretion.” The Sponsor further reserves the right to terminate the Contest if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest. In the event the Contest is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Contest rules will be broadcast on-air and available on-line at the station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

11. BINDING ARBITRATION.

Any controversy or claim arising out of or relating to the Sponsor Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law

Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

13. COMPLIANCE WITH LAW AND GOVERNING LAW.

All issues and questions concerning the construction, validity, interpretation and enforce ability of the Contest 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 of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the County of Wharton or in the City of El Campo.[/vc_column_text][/vc_column][/vc_row]