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Terms & Conditions This Agreement sets out the binding terms of your use of the PromoTXTRadio/LaunchPad Service and may be modified periodically. Such modifications to be effective when posting on the website. PromoTXTRadio/LaunchPad 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/LaunchPad, through the PromoTXTRadio/LaunchPad 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/LaunchPad 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: Sweepstakes 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.radiolaunchpad.com 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.radiolaunchpad.com. 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. 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/LaunchPad 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.radiolaunchpad.com 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/LaunchPad 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.radiolaunchpad.com or by calling the Radio Station’s published telephone request line. |
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