 |
Terms & Conditions
This Agreement sets out the binding terms of your use of
the PromoTXTRadio Service and may be modified periodically.
Such modifications to be effective when posting on the website.
PromoTXTRadio service refers to services as marketed directly
by the Radio Station or Radio Station’s Sponsor or any
of its affiliate or subsidiaries.
GENERAL SERVICE
(a) Service and Content. PromoTXTRadio, through the PromoTXTRadio
SMS service, permits you to interact with the radio station.
(b) Payments and Fees.
(i) Fees. Product fees vary and are identified as part of
the individual product description. When submitting a message
you will be charged by Reverse billed Premium Rate SMS. The
amount will be deducted from your cellular account.
(ii) Right to Change Prices. Prices are subject to change
at any time.
(iii) Electronic Signatures and Contracts. Your use of the
Service requires your ability to enter into agreements and/or
to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT
TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS
APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER
INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS.
(iv) Nonpayment. If, at any time thereafter, you fail to
pay any amount under this Agreement when due or are otherwise
in breach or default under this Agreement, PromoTXTRadio may,
in its sole discretion, and without prejudice to its other
rights, immediately terminate your use of the Service and
revoke your entry to the system. Late payments hereunder will
accrue interest at the rate of one and one half percent per
month or the highest rate allowed by applicable law, whichever
is lower.
(c) System Requirements. Use of the Service requires a compatible
Device, Internet access (fees may apply), and certain software
(separate fees may apply), and may require obtaining updates
or upgrades from time to time. Because use of the Service
and Content involves hardware, software, and Internet access,
your ability to use the Service and Content may be affected
by the performance of these factors. You acknowledge and agree
that such system requirements, which may be changed from time
to time, are your responsibility. In light of the foregoing,
You are responsible for ensuring the wireless phone/device
is compatible. You acknowledge and agree that you will not
be entitled to any refund for any Fees you pay for interaction
with the system if any part is incompatible with your Device.
(d) Age requirements for use of the Service. This Service
is available for individuals aged 13 years or older. If you
are 13 or older but under the age of 18, you should review
these terms and conditions with your parent or guardian to
make sure that you and your parent or guardian understand
these terms and conditions.
(e) General Release of Liability. All entrants agree to hold
harmless and release Radio Station or Radio Station’s
Sponsor and Spark Network Services, Inc.; their respective
parent companies, distributors, affiliates, and subsidiaries;
the service agencies and independent contractors of any of
the above organizations; their respective officers, directors,
employees, and agents (including advertising and promotion
agencies); and all others associated with the development
and execution of this service from any and all liability with
respect to or in any way arising from this service.
SWEEPSTAKES
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE U.S., AGED
18 OR OLDER AND WHO ARE LOCATED WITHIN THE UNITED STATES AT
TIME OF ENTRY. Void in where prohibited by law. Persons in
any of the following categories are not eligible to participate
or win a prize: (a) persons who, since January 1, 2005, were
or are employees or agents of Radio Station or Radio Station’s
Sponsor or Spark Network Services, Inc; independent contractors
of any of the above organizations who are engaged in the development,
production, or distribution of materials for or the implementation
of this sweepstakes; their parent companies, affiliates, or
subsidiaries; or the service agencies or independent contractors
of any of the above organizations; and (b) employees of, persons
in the immediate family of, or persons living in the same
household as any person in any of the preceding categories.
Sweepstake dates ("Promotion Period") are:
Sweepstakes starts at:
and ends at:
2. HOW TO ENTER. There are two ways to enter for a chance
to win To enter via text messaging ($.75 per entry charged
to your wireless phone bill): Text an Official Entry Code
mentioned on-air (or other Official Entry Code communicated
in sweepstakes-advertising materials), to 84444 using a wireless,
SMS-capable phone (you must provide your own phone). Once
you have properly text-messaged the Official Entry Code to
the promotional phone number, you will be sent a reply via
text messaging. Follow all instructions in the text message.
To enter via the Internet: Access www.sparkns.com/contact.htm
and follow all entry instructions. Log on using an existing
registration or complete the information requested in the
information fields (full name; daytime phone number, including
area code; and e-mail address; complete address [no P.O. Boxes]
and birth date in the message section). The subject line should
contain the word “SWEEPSTAKES”. When your registration
is complete, enter the Official Entry Code mentioned on-air
(or other Official Entry Code communicated in sweepstakes-advertising
materials). Then click the area marked Enter (once submitted,
entry cannot be deleted, canceled, or modified) for your chance
to win. After completing an entry each entrant (except VT
and CA residents) will be given the opportunity to enter a
drawing for Secondary Prizes (if applicable), by either replying
as directed to a text message or by clicking the appropriate
entry button online. Limit of six entries per person, wireless
phone number, or e-mail address per day (a day begins at 12:00:01
a.m., MT, and ends at 11:59:59 p.m., MT). Important Notice:
Your wireless-service provider may charge you for each text
message you send and receive. These charges are in addition
to the text messaging entry method fee. Please consult your
wireless-service provider regarding their pricing plans. By
entering the sweepstakes via text messaging, you agree to
receive periodic promotional text messages. If you no longer
wish to receive future promotional text messages, reply "STOP"
to a text message sent to you. Your entry will remain eligible
for the sweepstakes, but you will not receive future text
messages except for notification if you are selected as a
potential winner. In the event of a dispute about entries
submitted by multiple individuals using the same wireless-phone
number or e-mail account, the entry will be deemed to have
been submitted by the authorized subscriber of the wireless-phone
number or e-mail account used to enter the sweepstakes at
the actual time of entry. The name of the authorized account
holder associated with any given wireless-phone number (used
to enter by sending a text message) or e-mail address will
be deemed to be the entrant and must comply with these Complete
Official Rules. The authorized account holder is defined as
the natural person who is assigned to a wireless-phone number
by a wireless-service provider or an e-mail address by an
Internet-access provider, online-service provider, or another
organization that is responsible for assigning e-mail addresses
or the domain associated with the submitted e-mail address.
Multiple entries per person/e-mail address/wireless-phone
number in excess of the daily entry limit or any use of robotic,
repetitive, automatic, programmed, or similar entry methods
or agents (including, but not limited to, sweepstakes-entry
services) are prohibited and will void all entries by that
entrant. Entrants assume all risk of lost, late, misdirected,
incomplete, or illegible entries.
3. ALTERNATE (NO PURCHASE NECESSARY) METHOD OF ENTRY. You
can enter the sweepstakes by entering in the required information
at www.sparkns.com/contact.htm. Limit of six (6) Official
Entry Codes per person per site visit.
4. PRIZES AND ODDS OF WINNING. Winner of the sweepstakes
will be randomly selected by computer based on the estimated
number of entries and the time of your participation. Mobile-messaging
participants will be notified of winning status by text message.
Online participants must follow the instructions provided
on the Web site to determine prizewinning status. Winners
are subject to verification. Potential Secondary Prize (First,
Second, and Third Prizes) winners will be selected on an announced
date, by random drawing from all eligible entries received.
FIRST PRIZE (1): Two (2) general-admission tickets to a concert
(dates, location, venue, and artist/band to be determined
by Radio Station or Radio Station’s Sponsor at its sole
discretion).
SECOND PRIZE (1): A Compact Disc (artist and title to be determined
by Radio Station). ARV: $16.
THIRD PRIZE (1): A ringtone (title and artist to be determined
by Radio Station. ARV: $1.99. The odds of winning a prize
depends on the estimated number of entries and the time of
participation, but are estimated to be no worse than 1:100.
The random drawing and awarding of prizes will be conducted
under the supervision of The Radio Station, whose decisions
are final and binding in all matters pertaining to this sweepstakes.
Entrants agree to be bound by these Complete Official Rules
and the decisions of the judging organization.
5. GENERAL CONDITIONS. Potential prizewinners will be notified
online, by e-mail, by text message, by U.S. mail, or by private
delivery service (at Radio Station's sole discretion) and
may be required to sign and return an Affidavit of Eligibility
and Release of Publicity and Liability within five (5) days
of notification. Each First Prize winner's guest must be at
least 21 years old and will also each be required to sign
and return a Release of Liability/Publicity prior to travel.
In the event of noncompliance, if a Secondary Prize winner
cannot be reached at the phone number or address on that winner's
entry, or if prize or prize notification is returned as unclaimed
or undeliverable for whatever reason beyond the control of
Radio Station, that prize will be forfeited and an alternate
winner may be selected if time permits. If a First Prize winner
can not be confirmed and verified within 30 days prior to
trip dates as determined by Radio Station, that prize will
not be awarded. Unclaimed or undeliverable download prizes
will not be awarded. Radio Station or Radio Station’s
Sponsor is not responsible for invalid or incorrect e-mail
addresses. No substitution of any prizes will be offered,
except at Radio Station's sole discretion. No prize transfer
is permitted. If a prize is unavailable, Radio Station or
Radio Station’s Sponsor reserves the sole right to substitute
a prize of equal or greater value. Limit of one Secondary
Prize per person, wireless-phone number, or e-mail address.
All taxes, fees, and surcharges on prizes are the sole responsibility
of each prizewinner. By participating and accepting a prize,
where permitted by law, each winner grants to Radio Station
or Radio Station’s Sponsor (and agrees to confirm that
grant in writing) and those acting pursuant to the authority
of Radio Station or Radio Station’s Sponsor, the right
to print, publish, broadcast, and use-worldwide in any media
now known or hereafter developed, including, but not limited
to, the World Wide Web-at any time(s), that winner's name,
portrait, picture, voice, likeness, and biographical information
as news or information and for advertising and promotional
purposes without additional compensation or review.
6. SWEEPSTAKES RELEASE OF LIABILITY. All entrants agree to
hold harmless and release Radio Station or Radio Station’s
Sponsor and Spark Network Services, Inc.; their respective
parent companies, distributors, affiliates, and subsidiaries;
the service agencies and independent contractors of any of
the above organizations; their respective officers, directors,
employees, and agents (including advertising and promotion
agencies); and all others associated with the development
and execution of this sweepstakes from any and all liability
with respect to or in any way arising from this sweepstakes;
participation in any sweepstakes-related activity; and/or
delivery/misdelivery, acceptance, possession, use, or misuse
of a prize, including, but not limited to, liability for personal
injury, bodily injury (including wrongful death or disability),
damage to property, and damage or loss of any other kind.
Radio Station or Radio Station’s Sponsor is not responsible
for any incorrect or inaccurate information, whether caused
by any of the equipment or programming associated with or
used in the sweepstakes, or by any technical or human error
that might occur in the processing of submissions in the sweepstakes.
Radio Station or Radio Station’s Sponsor assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications-line
failure, theft, destruction, unauthorized access to, or alteration
of entries. Radio Station or Radio Station’s Sponsor
is not responsible for any problems or technical malfunction
of any telephone network or lines; providers; computer equipment;
or computer software or for failure of text entry on account
of technical problems or traffic congestion, including injury
or damage to the participant's or to any person's wireless
phone related to or resulting from participating in or downloading
materials for or from this sweepstakes. Radio Station or Radio
Station’s Sponsor is not responsible for user cheating
or fraud by any entrants. Any activities intended to disrupt
or interfere with the proper play of the sweepstakes or to
defraud Radio Station or Radio Station’s Sponsor in
any way will be prosecuted to the fullest extent of the law.
Participants who engage in any of the foregoing activities
will be disqualified and will forfeit any prizes won. Official
Entry Codes are null and void and will be rejected if obtained
outside authorized, legitimate channels; if counterfeited,
damaged, illegible, or tampered with in any way; or if they
contain printing, production, or typographical errors. Liability
for any Official Entry Code containing printing, production,
typographical, mechanical, or other errors is limited to replacement
with another Official Entry Code, while supplies last. If,
through printing or production error or for any other reason
whatsoever, more prizes are claimed for any prize category
than intended and/or set forth in these Complete Official
Rules, Radio Station or Radio Station’s Sponsor reserves
the right to award such prizes by random drawing from all
eligible claimants for that prize level. If, for any reason,
the sweepstakes is not capable of running as planned due to,
but without limitation, tampering; unauthorized intervention;
fraud; technical failures; or any other causes beyond the
control of Radio Station or Radio Station’s Sponsor
that, in the sole opinion of Radio Station or Radio Station’s
Sponsor, could corrupt or affect the administration, security,
fairness, integrity, or proper conduct of this sweepstakes,
Radio Station or Radio Station’s Sponsor reserves the
right, at its sole discretion, to cancel, terminate, modify,
or suspend the sweepstakes, and to draw winners from all eligible
entries received as of the date of termination.
7. DISPUTES. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF
THE UNITED STATES AND THE STATE OF DELAWARE, WITHOUT RESPECT
TO CONFLICT OF LAW DOCTRINES. As a condition of participating
in this sweepstakes, each participant agrees that any and
all disputes that cannot be resolved between the parties and
causes of action arising out of or connected with this sweepstakes
shall be resolved individually, without resort to any form
of class action, exclusively before a court located in Delaware,
having jurisdiction. Further, in any such dispute, under no
circumstances will participant be permitted to obtain awards
for and hereby waives all rights to claim punitive; incidental;
or consequential damages, including reasonable attorneys'
fees, other than participant's actual out-of-pocket expenses
(i.e., costs associated with entering this sweepstakes), and
participant further waives all rights to have damages multiplied
or increased.
8. WINNERS LIST. For the names of the First, Second, and
Third Prize winners, Visit Radio Station’s announced
web site.
VOTING, REQUESTS, DEDICATIONS, AND COMMENTS
1. VOTING. The RadioTXTRadio voting application permits you
to interact with the Radio Station or Radio Station’s
Sponsor by casting a vote in response to an announced multiple
choice question. Your vote is for entertainment purposes only
and becomes the sole property of Radio Station or Radio Station’s
Sponsor and may be used by Radio Station or Radio Station’s
Sponsor for any purpose it deems necessary. No prizes or compensation
are offered or implied for votes.
2. HOW TO VOTE. There are two ways to enter a vote. To enter
via text messaging ($.75 per entry charged to your wireless
phone bill): Text a keyword mentioned on-air (or other keyword
communicated in sweepstakes-advertising materials), followed
by your answer to 84444 using a wireless, SMS-capable phone
(you must provide your own phone). Once you have properly
text-messaged your vote to the promotional phone number, you
will be sent a reply via text messaging. Follow all instructions
in the text message. To enter via the Internet: Access www.sparkns.com/contact.htm
and follow all entry instructions. Log on using an existing
registration or complete the information requested in the
information fields (full name; daytime phone number, including
area code; and e-mail address; your vote in the message section).
The subject line should contain the word “VOTE”.
When your registration is complete, click the area marked
Enter (once submitted, entry cannot be deleted, canceled,
or modified). Limit of one entry per person, wireless phone
number, or e-mail address per day (a day begins at 12:00:01
a.m., MT, and ends at 11:59:59 p.m., MT). Important Notice:
Your wireless-service provider may charge you for each text
message you send and receive. These charges are in addition
to the text messaging entry method fee. Please consult your
wireless-service provider regarding their pricing plans. By
sending in your vote via text messaging, you agree to receive
periodic promotional text messages. If you no longer wish
to receive future promotional text messages, reply "STOP"
to a text message sent to you.
3. REQUESTS, DEDICATIONS, AND COMMENTS. The RadioTXTRadio
voting application permits you to interact with the Radio
Station or Radio Station’s Sponsor by sending a text
message with a song request, a song dedication, or a general
comment. Your Request, Dedication, or Comment is for entertainment
purposes only and becomes the sole property of Radio Station
or Radio Station’s Sponsor and may be used by Radio
Station or Radio Station’s Sponsor for any purpose it
deems necessary. No prizes or compensation are offered or
implied. Radio Station or Radio Station’s Sponsor does
not charge for Requests, Dedications, and Comments. A fee
applies to receive Requests, Dedications, and Comments via
text messaging. Radio Station or Radio Station’s Sponsor
will make best efforts to honor your request or dedication
but does not guarantee, either expressly or implied, that
it will honor your request or dedication.
3. HOW TO TEXT A REQUEST, DEDICATION, OR COMMENT. To submit
via text messaging ($.75 per entry charged to your wireless
phone bill): Text a keyword mentioned on-air (or other keyword
communicated in sweepstakes-advertising materials), followed
by your request, dedication or comment to 84444 using a wireless,
SMS-capable phone (you must provide your own phone). Once
you have properly text-messaged your request, dedication or
comment to the promotional phone number, you will be sent
a reply via text messaging. Follow all instructions in the
text message. Important Notice: Your wireless-service provider
may charge you for each text message you send and receive.
These charges are in addition to the text messaging entry
method fee. Please consult your wireless-service provider
regarding their pricing plans. By sending in your vote via
text messaging, you agree to receive periodic promotional
text messages. If you no longer wish to receive future promotional
text messages, reply "STOP" to a text message sent
to you.
4. ALTERNATE (NO PURCHASE NECESSARY) METHOD OF ENTRY. You
can enter your request, dedication or comment by entering
in the required information at www.sparkns.com/contact.htm
or by calling the Radio Station’s published telephone
request line.
|
