OFFICIAL FAN FITNESS SWEEPSTAKES RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
Emmis Indiana Broadcasting LP d/b/a WIBC, WYXB and The Fan (“Emmis”) is giving Emmis listeners a chance to win a stationary bike in the Fan Fitness Sweepstakes (the “Contest”). This Contest is governed by these Rules, as well as by Emmis’ Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by Emmis and by all other decisions of Emmis which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will 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.
The sponsor of the contest is Emmis.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsor reserves the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents of the state of Indiana who are at least 18 years of age or older at time of entry (unless otherwise specified). If Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsor reserves the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis Operating Company, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won an Emmis Contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
HOW TO ENTER:
The Contest begins on 4/11/2022 at 12:01am ET and ends on 4/23/2022 at 11:59 pm ET (the “Entry Period”). Eligible participants can enter in the following different ways:
Via the Internet:
All participants must accurately complete all required fields or entry will be deemed invalid. In order to participate, you will need Internet access and a valid email address. Limit one online entry per person.
On April 23rd, 2022 from 1:00pm – 4:00pm ET, at The Franciscan Health Orthopedic Hospital Carmel located at 10777 Illinois Street, Carmel, Indiana, eligible Participants can enter the Contest onsite in person with the 107.5 The Fan Promotions Team for a chance to win the Contest. Follow the entry instructions to enter the Contest onsite. All participants must accurately complete all required fields or entry will be deemed invalid. Limit one entry per person onsite.
Entries Are the Sole and Exclusive Property of Sponsor: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsor upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsor, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
PROVISION OF WIRELESS NUMBERS TO THE STATION:
A Participant who signs up to receive text messages from Sponsor:
- authorizes Sponsor to deliver or cause to be delivered, to the wireless number that the Participant provided, telemarketing messages using an automatic telephone dialing system;
- understands that he or she is not required to enter into this agreement or agree to enter into such an agreement as a condition of purchasing any property, goods, or services; and
- agrees that, if the wireless number provided to Sponsor is reassigned to another person, the Participant will promptly notify Sponsor that such reassignment has occurred.
Message and data rates may apply. Sponsor is not responsible for any fees incurred by a Participant who provides a wireless number in connection with the Contest.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsor’s computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
There will be one (1) prize of a stationary bike awarded in the Contest from all eligible entries received during the Entry Period. The approximate retail value of the prize is $2000. No transfer, assignment or substitution of a prize is permitted, except Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
One (1) winner will be selected by a random drawing conducted on or about April 25, 2022 from among all eligible entries received. Winner will be contacted by Sponsor by phone or email on or about April 26, 2022.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner must claim their prize within thirty (30) days at Emmis’ business office located at 40 Monument Circle, Indianapolis, IN 46204. Sponsor will coordinate with prize winner to make arrangements to have the prize shipped directly to the winner. The winner will initially be sent the required releases and prize claim forms by Sponsor. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsor reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsor’s sole discretion.
Prize Forfeiture: Any winner who fails to pick up the prize (or in this case coordinate with Emmis on delivery of the prize) within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from Emmis, will forfeit the prize. Emmis reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsor that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsor; and (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules;
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Emmis, Emmis Communications Corporation, Emmis Operating Company, Franciscan Health, the seller and manufacturer of the stationary bike, and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other Social Media Platform. By submission of an entry, Participant releases Facebook, Twitter, Instagram, and all Social Media Platforms from any responsibility or liability for the Contest’s administration, prizes or promotion. You are providing entry information to the Sponsor and not to Facebook, Twitter, Instagram and all Social Media Platforms.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Emmis and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Emmis and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
By participating in the Contest, Participant irrevocably grants to Sponsor the perpetual right, without any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available and otherwise use the Contest submission materials and information throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without payment of any compensation to Participants in connection with the Contest.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsor, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsor reserves the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsor reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, a Participant understands and agrees that:
- the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
- 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 and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of Indiana, without regard to the conflicts of laws and rules of Indiana;
- any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of Indiana, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
- if for any reason a claim or dispute regarding the Contest or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: The Fan Fitness Sweepstakes, Rules and/or Official Contest General Contest Rules, 40 Monument Circle, Suite 600, Indianapolis, IN 46204. These Rules and the General Rules may also be found at www.1075thefan.com, www.b1057.com ,or www.wibc.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: WIBC, WYXB & The Fan’s Fan Fitness Sweepstakes Winners List, 40 Monument Circle, Suite 600. Indianapolis, IN 46204.
Emmis Indiana Broadcasting LP d/b/a WIBC, WYXB, and The Fan
40 Monument Circle, Suite 600
Indianapolis, IN 46204