3 MUSKETEERS® Gallery
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Terms & Conditions
1. ACCEPTANCE OF TERMS
Westwood One, Inc. (“Westwood One,” “we,” “us,” or “our”) welcomes you. We’re excited that you have decided to access and use www.westwoodone.com site and other websites and applications owned or operated by Westwood One or its affiliates and partners where these Terms and Conditions are posted (collectively, the “Sites”).
Westwood One provides you access to the various services and content available through the Sites (collectively, the “Services”) subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice to you. By accessing and using the Sites, you acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of these Terms and Conditions of Use and the terms and conditions of Westwood One’s Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not access or use the Sites.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. COMMUNITY GUIDELINES
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Sites, you hereby agree to comply with these community rules and that:
You will conduct yourself in a mature manner that lends itself to civil discourse;
You will not use the Sites for any unlawful purpose or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any content that: infringes any copyright, trademark, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not “stalk” or otherwise harass another; and
You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password mining, or any other means.
Please be aware that the majority of the content found on or through the Sites is for general audiences, but there may be certain adult or mature content. Accordingly, individuals who are less than 13 years of age should not use the Sites. If you do use the Sites, you represent and warrant that you are at least 13 years of age. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Sites, or any portion of the Sites, without notice.
3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for the Sites, we will ask you to create an account, which includes a unique username (“Username”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one registered user. You are solely responsible for the confidentiality and use of your Username, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Sites using one or more of them. You agree to (a) immediately notify Westwood One of any unauthorized use of your Password, Username, and/or Unique Identifiers, and (b) ensure that you exit from your account at the end of each session. Westwood One reserves the right to delete or change your Password, Username, or Unique Identifier at any time and for any reason. Westwood One will not be liable for any loss or damage caused by any unauthorized use of your account.
4. FEES, PAYMENTS, AND AUTOMATIC RENEWALS
Some of our Services may be free of charge. However, charges do apply if you sign up for any of our various subscription plans (“ Subscriptions”) described on the Sites. In such a case, you hereby agree that our third-party payment processors may immediately authorize your credit card (or other approved facility) for payment for any Subscriptions ordered under your Password on or through the Sites.
As set forth more fully in Section 3 above, you must keep your password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a Subscription on your credit card statement, please use the “Contact Us” section of the Site to contact customer service. In connection with any Subscription, all sales are final, and we do not accept returns or exchanges. Subject to Section 11, all payments made to us are non-refundable.
IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A SUBSCRIPTION (MONTHLY, QUARTERLY, ANNUALLY, OR OTHERWISE), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT.YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS ON THE SITES, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.AT THE END OF SUCH TERM, WE WILL SEND YOU A REMINDER E-MAIL ABOUT THE SUBSCRIPTION’S AUTOMATIC RENEWAL.AGAIN, IF YOU DO NOT CANCEL, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE SAME SUBSCRIPTION.
We may modify the fees at any time by posting such modification on the Sites, and any such modification shall go into effect thirty (30) days after it is so posted.
The Services may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for the device through which you access the Services may charge you data access and other fees in connection with your use of the Sites and Services, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable.You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will Westwood One be responsible for any such data access fees or charges in connection with your use of the Sites or Services.
5. INTELLECTUAL PROPERTY
The Sites and all of their content including, but not limited to, audio streams, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Site Materials”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries, and are owned by and/or licensed to Westwood One. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Westwood One and is protected by U.S. and international copyright laws. All software used on the Sites is the property of or is licensed to Westwood One and is protected by U.S. and international copyright laws.
Any copying, reproducing, republishing, uploading, posting (other than as contemplated in Section 6), modifying, or transmission or distribution of any Site Materials, in whole or in part, is strictly prohibited and will be considered a violation of Westwood One’s intellectual property rights and could result in legal liability and/or criminal sanction.
The trademarks, logos, and service marks displayed on the Sites (collectively, the “Trademarks”) are the trademarks of Westwood One and other parties. Nothing contained in the Sites should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of Westwood One or the third party that owns the Trademarks specific for each such use. Your use of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in this Agreement, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether Westwood One or a third party.
Elements of the Sites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Site Materials may be retransmitted without our express, written consent for each and every instance.
6. USER SUBMISSIONS
Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Sites by you (“Submitted Materials”) shall become, and remain, the property of Westwood One. You agree that any Submitted Materials, in whole or in part, may be used by Westwood One, its affiliates, licensees, and assigns for any purpose, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media now known or hereafter devised. You additionally agree that Westwood One, its affiliates, licensees, and assigns are free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Sites for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are assigning and transferring any and all right, title, and interest in Submitted Materials to Westwood One, including any moral rights. We shall have the right, in our sole and absolute discretion, to edit or remove any Submitted Materials, in whole or in part, which we believe violates any provision of this Agreement or for any other reason whatsoever.
Do not post your or any other person’s personal information in any message boards or other part of the Sites accessible to users, including your or their telephone number, credit card information, or home, business, or email address.Any posting of such personal information is expressly at your own risk.
7. NO WARRANTIES/LIMITATION OF LIABILITY
The Site Materials provided on the Sites are for informational and/or entertainment purposes only.Westwood One makes no warranties regarding the quality, reliability, truthfulness, accuracy, completeness, or non-infringement of any Site Materials.Unless otherwise stated expressly, any opinion, view, or idea expressed or implied in any Site Materials or any content contributed or published by visitors to or on the Sites or otherwise disseminated or sent to Westwood One or others on or via the Sites (“Visitor Content”) is the author’s own, and does not necessarily reflect the views of, Westwood One, its affiliates, or any of their respective employees, officers, directors, stockholders, agents, consultants, assignees, affiliates, partners, contractors, professional advisors, advertisers, content providers, and any and all other individuals and organizations providing services on behalf of Westwood One (collectively, the “Westwood One Parties”).You acknowledge and agree that the bloggers and other contributors that Westwood One permits to post content to the Sites are not agents of Westwood One and that Westwood One does not sufficiently edit or control statements that they make.
YOU ACKNOWLEDGE THAT THE SITES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES.CONSEQUENTLY, THE SITES AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITES OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITES, THEIR SERVERS, OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITES OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITES OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF ANY FEES YOU HAVE PAID TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT OR EVENTS GIVING RISE TO ANY CLAIM OR FIFTY UNITED STATES DOLLARS ($US50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
THE AVAILABILITY OF THE SERVICES MAY CHANGE FROM TIME TO TIME AND FROM COUNTRY TO COUNTRY.THE QUALITY OF ANY STREAMING CONTENT MAY VARY FROM DEVICE TO DEVICE AND MAY BE AFFECTED BY A VARIETY OF FACTORS, SUCH AS YOUR LOCATION AND THE BANDWIDTH AVAILABLE THROUGH AND/OR SPEED OF YOUR INTERNET CONNECTION.PLEASE CHECK WITH YOUR INTERNET PROVIDER AND/OR WIRELESS CARRIER FOR INFORMATION ON POSSIBLE DATA USAGE CHARGES.YOU ARE SOLELY RESPONSIBLE FOR PROCURING AN INTERNET AND/OR WIRELESS CONNECTION AND FOR ALL CHARGES YOU INCUR IN CONNECTION THEREWITH.WESTWOOD ONE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF YOUR LISTENING EXPERIENCE ON YOUR DEVICE.
THE SITES MAY CONTAIN INFORMATION ON CERTAIN SERVICES NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.A REFERENCE TO A PARTICULAR SERVICE OR PIECE OF CONTENT ON THE SITES DOES NOT IMPLY THAT SUCH SERVICE OR CONTENT IS OR WILL BE AVAILABLE IN YOUR LOCATION.WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITES AND/OR ADD OR REMOVE SERVICES OR CONTENT AT ANY TIME WITHOUT NOTICE.
8. EXTERNAL SITES
The Sites may contain links to third-party websites and such third-party websites may be accessible through the Sites (collectively, the “External Sites”). These links and such accessibility are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
(a)You hereby represent, warrant, and covenant that:
•You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Submitted Materials and any other works that you incorporate into your Submitted Materials, and all the rights necessary to grant the licenses and permissions you grant hereunder;
•Use of your Submitted Materials in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
•You shall not submit to the Sites any Submitted Materials that violates our community guidelines set forth in Section 2 above or any other term of this Agreement.
(b)You agree to indemnify and hold the Westwood One Parties harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your breach of this Agreement; (b) your misuse of the Sites or Services; or (c) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
Westwood One respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content, including user content, deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Westwood One, Inc., 220 West 42nd Street, New York, NY 10036 Attn: General Counsel. Email: legal@westwoodone.com.
If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Sites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
11. TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Sites or the Services, at any time and for any reason without prior notice or liability.We also reserve the right to change, suspend, or discontinue all or any part of the Sites or the Services at any time without prior notice or liability.If we terminate the Agreement or discontinue the Services without cause, we shall provide you a pro-rata refund of any pre-paid, but unused, fees you have paid us in connection with any Subscription.
12. COMPLIANCE WITH APPLICABLE LAWS
The Sites are based in the United States. We make no claims concerning whether the content of the Sites may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Sites or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Sites may contain references to products or services not available in all countries. Westwood One does not market all of its products or services in all countries. Software from any part of the Sites may be subject to U.S. and Canadian export controls.
13. CONTROLLING LAW
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to the Agreement, the Sites, or the Services (each, a “ Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“ FAA”).Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside.The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.As set forth in Section 16 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
17. MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Westwood One, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of Westwood One. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Sections 5, 6, 7, 8, 9, and 11 through 17 of this Agreement shall survive any termination or expiration of this Agreement or use of the Sites. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Westwood One at any time. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Sites are owned and operated by Westwood One, Inc., 220 West 42nd Street, New York, NY 10036.For further information about Westwood One, Inc. or the Site, please visit the ” Contact Us” section of the Sites. You may have this same information sent to you by e-mail by sending a letter to Westwood One, Inc., 220 West 42nd Street, New York, NY 10036, Attn: Legal with your e-mail address and a request for this information.
UPDATED AS OF July 1, 2020
CUMULUS MEDIA Inc. (“Cumulus,” “we,” “us,” or “our”) is dedicated to preserving your confidence and trust as it relates to the privacy of your information. Please read this policy so you understand how we collect, safeguard, use and share the information you provide to us through our technology platforms, including, without limitation, our websites, web pages, interactive features, applications, Twitter and Facebook pages, and Mobile Application (collectively the “Cumulus Platform”).
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PRIVACY POLICY
Your personal privacy is a principal concern to us at Cumulus. Our goal in outlining our policy on the collection and use of your information is to ensure the highest level of confidentiality and security. When you provide your personal information on any Cumulus Platform, we will not give or sell your personal information to any outside company for its use in marketing or solicitation without your permission, which may be express or implied. We will maintain the confidentiality of your personal information and it will be used only to support your customer relationship with our company and to assist us in providing better and more targeted services to you. Additionally, internal practices are in place to help protect your privacy by limiting employee access to and use of customer information. When we ask you to provide personal information through the Cumulus Platform, it is done with the goal of improving the relationship between you and Cumulus. At Cumulus, we allow you to maintain control over your personal information while attempting to provide a more interactive experience. Our intention is to send communications only those of you who have chosen to receive such communications. At any time, you have the right to decline receiving future communications from Cumulus in any manner, including email, text, social media, fax, telephone and postal mail.
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INFORMATION COLLECTED THROUGH THE CUMULUS PLATFORMS
When you utilize any Cumulus Platform, you do so anonymously. Personal information that could be used to identify you as an individual is not automatically collected. However, there are several ways in which information about you may be collected through the Cumulus Platform.
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Voluntary Disclosure: Some Cumulus Platforms may request that you voluntarily provide personal information for purposes such as correspondence, site registration, membership, making a purchase, or participating in contests or online surveys. Information that we may ask you to provide may include your name, email address, telephone number, mailing address, birth date, and payment information (such as account or credit card number). We may also request that you provide your preference information, social security numbers, lifestyle interests, and other demographic information that may be needed to register or subscribe you to services or offers.
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Device Identifier: Each time the Cumulus Platform is accessed, we or our service providers automatically collect your IP address or other unique identifier for the device (computer, mobile phone, tablet or other device) you use to access the Platforms (“Device Identifier”). Cumulus uses Device Identifiers to analyze trends, administer the site, track movements on the site, help identify you and your shopping cart, and gather broad demographic information for aggregate use. Device Identifiers are not linked to any other personally identifiable information by Cumulus.
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Usage Information: Whenever you access or interact with the Cumulus Platform, we, as well as any third party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Cumulus Platform is accessed and used (“Usage Information”). Usage Information may include device type, operating system, browser type, application version, the page accessed, the date and time, your use of features or applications, your preceding page views, and your interactions with friends and group activities. This information helps us maintain a platform that is up-to-date and to devise content that is responsive to your interests.
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Cookies, Mobile Analytics, and Pixel Tags: Like many other commercial technology platforms, the Cumulus Platform may use standard technologies such as cookies, mobile analytics software and pixel tags to collect Usage Information and Device Identifiers. Cookies are small text files on your system used for keeping track of settings or data for a particular website and can be used to store information necessary to provide a service or access into a site, including associating you with social networking sites like Facebook and Twitter and enable interactions between your activities on the Cumulus Platform and your activities on such social networking sites. We, or our vendors and third party partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting the Cumulus Platform, such as allowing us to select the ads or offers that are most likely to appeal to you based on your interests, preferences, location, or demographic information), as well as for market research related purposes. Any information that we may store in cookies is used for internal purposes only. You may turn cookies off through your browser or set your browser to notify you before accepting them. You can learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.
Your browser’s help menu or other instructions related to your browser will show you how to reduce the number of cookies you receive from us or delete cookies that have already been installed in your browser’s cookie folder. If you elect to disable or opt out of receiving cookies, please understand that some features and services on the Cumulus Platform may not work properly because we may not be able to recognize and associate you with your Cumulus account(s). Also, the offers we make available to you when you visit the Cumulus Platform us may not be as relevant to you or tailored to your interests.
Pixel Tags are transparent graphic images, sometimes called web beacons or tracking beacons, that are placed on a web page or in an email to indicate that the page or email has been viewed. A pixel tag also may tell your browser to get content from another server.
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HOW WE USE AND DISCLOSE THE INFORMATION WE COLLECT
We collect only information that is needed, and we tell you how we use it. We limit the collection of information about you to what we need to know to manage your membership; provide customer service, including responding to your questions and communicating with you about your account and activities on the Cumulus Platform; make access to certain areas and features of the Cumulus Platform available to you; verify your identity; offer new products and services; notify you of changes to Cumulus policies; perform market research, analytics and operations; tailor content, advertisements, and offers we make available to you; improve the Cumulus Platform; fulfill any legal and regulatory requirements; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. Under certain circumstances we may share location data with our third party partners for market research and other data analytics related purposes. We tell you about the general uses of information we collect about you, and we will provide additional explanation if requested. You may change, update or add additional information about yourself at any time through the Cumulus Platforms that offer this feature. If a Cumulus Platform does not currently provide this ability, you can still change your data profile by contacting your local radio station. All Cumulus Platforms will provide this feature in the near future.
As a result of providing your personal information to us, the Cumulus Platform can provide a more customized experience, making your interaction with us more productive, helpful and fun, and will enhance the services and offers that we can bring to you. If you provide us with your email address or cell phone number, or have done so in the past, we may send you email or text offers or newsletters. These offers or newsletters are based on information you provided in your membership application, registration forms, surveys, or from information that may indicate purchasing preferences and lifestyle, as well as information available from external sources, such as census bureau data. These email/text offers will come from Cumulus only. Your information, email address or cell phone number is never sold to a third party. All offers are carefully developed to guarantee that they meet our standards. Our goal is to target offers that you will find to be of value to you. At any time, you may request to discontinue receiving these communications from us by simply replying to the email address or text number included in every email/text message that you receive from us.
From time to time, we may offer contests or other promotions on the Cumulus Platform. If you enter a contest or sweepstakes, or participate in a promotional event, we will ask you to provide information about yourself (such as your name, address, and email address). Among other things, we will need this information to contact you if you win, and we may also use this information for marketing purposes. We may share this information with any sponsors and prize providers of the contest, sweepstakes, or promotional event; sponsors and prize providers will be identified in the official rules. We may also share this information with or other third party service providers that help administer our contests, sweepstakes, and promotional events, such as by conducting drawings, and/or delivering prizes to winners. If you do not want to provide the requested information or have the information provided to sponsors, prize providers, or other third party service providers, please do not enter the contest, sweepstakes, or participate in the promotional event.
We monitor URL click-throughs found in our electronic communications. The click-through rate is reviewed in order to track (i) participation in contests and sweepstakes to judge effectiveness and award prizes; (ii) your interests and preferences; and/or (iii) response rates for marketing purposes or to report to a client in aggregate form only, the response of listeners. Individual activity is never shared with employees or third parties.
At times, our clients might collect Personal Information about you on the Cumulus Platform or on-site at a retail locations or other Cumulus events. The collection of this information is clearly marked as information being collected by or for a third party, and providing such information is strictly voluntary. We may help facilitate the collection of the information by providing forms and collection boxes for the client. Sometimes this information is shared with us Cumulus, though we will only market to you if you have given us permission. Information gathered in this manner is shared with our client partners; and other information you may have previously provided to us remains private.
We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate the Cumulus Platform, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, surveys or provide marketing or promotional assistance and our partners in co-branded sites and promotions. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties in connection with marketing, promotional, and other offers, as well as product information, and for such third party’s analytics and market research. The Cumulus Platform may include Nielsen’s proprietary measurement software which may allow you to contribute to market research. For more information, visit: http://www.nielsen.com/digitalprivacy .
We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Additionally, we may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our Terms of Use or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to the Cumulus Platform or the public.
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OTHER DISCLOSURES
Third party platforms and services accessible through the Cumulus Platform have separate privacy and information collection practices, independent of us. Cumulus has no responsibility or liability for these independent policies or actions. You are solely responsible for maintaining your Personal Information, the secrecy of your passwords, membership ID, or any account information. Please be careful and responsible whenever you are online. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we aim to protect your personal information, Cumulus cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. While we put forth our best efforts in adhering to these minimum privacy standards, additional restrictions may be imposed to comply with state and local laws, and/or station-specific programs, products and services.
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INFORMATION WE RECEIVE FROM THIRD PARTIES
We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from Cumulus, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Usage Information, Device Identifiers, and Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. Services like Facebook Connect give you the option to post information about your activities on the Cumulus Platform to your profile page to share with others within your network. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections'” web page, profile page, or similar page on a social networking or other third party website or interactive service.
We may also receive information about you from third party data providers. We may supplement the information we collect about you through the Cumulus Platform with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
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SECURITY
Access to your Personal Information is limited to those who specifically need it to conduct their business responsibilities. We use security techniques designed to protect your Personal Information-especially information that is used by employees and business partners to provide services to you. In addition to providing you with the opportunity to refuse marketing offers, we release information only with your consent or at your requests, or when required to do so by law or other regulatory authority. When a court order or subpoena requires us to release information, we notify you directly so that you legal rights can be exercised, if appropriate. The only exceptions to this policy are when we are prohibited by court order or law from notifying you, or cases in which fraud and/or criminal activity is suspected. Finally, each Cumulus employee is personally responsible for maintaining listener and customer confidentiality. All Cumulus employees are required to sign an agreement that they will comply with these policies. Employees who violate these policies are subject to disciplinary action, up to and including termination of employment. Employees are expected to report violations-and may do so confidentially-to their managers or other supervisors. Each radio station has an employee who has been assigned the responsibility for assuring the adherence to Cumulus’s privacy policy. Check your local Cumulus Radio Website for this contact.
While we take information security seriously, please understand that no electronic data transmission or storage of information can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us or that you use the Cumulus Platform. You are providing your information to us at your own risk.
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YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
You may always direct us not to share your Personal Information with third parties (other than our service providers), not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your registered user information on the Cumulus Platform; (ii) sending us an email at privacy@cumulus.com; (iii) contacting us by mail at Cumulus Digital Department, 3280 Peachtree Road, Suite 2300, Atlanta, GA 30305; Attn: Customer Service; or (iv) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Cumulus Platform, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Cumulus Platform. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at privacy@cumulus.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
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ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT
We may use third party ad network providers to help present ads on the Cumulus Platform, as well as other service providers to evaluate and provide us with information about the use of the Cumulus Platform and viewing of our content. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Cumulus Platform and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours.
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides a mechanism to opt out of receiving cookies from those companies. Please note that if you opt-out of targeted advertising, we may still track your visits to the Cumulus Platform for our own analytics, operations and security purposes.
We do not respond to web browser “do not track” signals. As such, your navigation of our website may be tracked as part of the gathering of quantitative user information. If you arrive at our website by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our website.
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PROTECTING THE PRIVACY OF CHILDREN
Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. The Cumulus Platform is not directed at children under the age of 13 and we will not knowingly allow anyone under 13 to provide us any Personal Information. If you are under the age of 13, please do not provide any information about yourself to any Cumulus Platform.
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PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA ONLY
The California Consumer Privacy Act of 2018 (“CCPA”) provides “consumers” (California residents) with specific rights regarding their “personal information”. This section describes your CCPA rights and explains how to exercise those rights.
During the past twelve (12) months, we have collected the following categories of personal information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties. The categories of information include information we collect from our customers, partners and website visitors, and any other person that interacts with us either online or offline. Not all information is collected about all individuals.
Category of information collected
Source
Business purposes* for use
Categories of third parties receiving information
Identifiers
(name, email address, telephone number, mailing address, date of birth, lifestyle interests, “likes” and” preferences, comments you have shared and groups)
Individuals submitting information to us
Information we may receive from third-party marketing and data partners.
Performing services for you including joining our clubs or accessing our streaming.
Advertising customization.
Auditing relating to transactions and contests.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses and advertising partners.
Sensitive information
(invoicing data, payment information (such as account or credit card number), billing details, log-in details (membership ID, password and username)
Individuals submitting information to us.
Information we may receive from third-party marketing and data partners.
Performing services for you.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Commercial information
(transaction history, products/services purchased, obtained or considered and product preferences)
Individuals submitting information to us.
.
Performing services for you.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Internet or other electronic network activity
(IP address, web browser type and version, the operating system used and the domain name of your internet service provider, information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page)
Information we automatically collect from website visitors.
Information we may receive from third-party marketing and data partners.
Advertising customization.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Geolocation
Information we automatically collect from website visitors.
Information we may receive from third-party marketing and data partners.
Advertising customization.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Inferences from the above
(preferences, characteristics, behaviour, attitudes and abilities, etc.)
Internal analytics.
Information we may receive from third-party marketing and data partners.
Advertising customization.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
* The business purposes also include those listed at Section 3 of this policy.
Sale of personal information
In the preceding twelve (12) months, Cumulus may have sold the following categories of personal information:
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Identifiers;
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Commercial information;
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Geolocation; and
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Inferences from the above.
Your rights and choices
As of January 1, 2020, if you are a verified California resident, you have the right to obtain certain information about our collection and use of personal information over the past twelve (12) months, including:
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The categories of personal information we collect;
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The categories of sources of personal information we collect;
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Our business purpose for collecting or sharing that personal information;
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The categories of third parties with whom we share that personal information;
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The specific personal information we have collected about you over the past twelve (12) months;
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If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
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the categories of personal information sold and the category of third party recipients; and
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list of the categories of personal information that we disclosed for a business purpose.
You have the right to request that we do not sell personal information about you, and to request that we delete (and direct our service providers to delete) your personal information subject to certain exceptions.
Personal information sales opt-out and opt-in rights
If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of individuals we actually know are less than sixteen (16) years of age. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following page: Do Not Sell My Personal Information.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
Exercising your rights
You may change, update or add additional information about yourself at any time through the Cumulus Platforms that offer this feature. If a Cumulus Platform does not currently provide this ability, you can still change your data profile by contacting your local radio station. You can also exercise any of these rights by contacting us using the contact details set out throughout this policy or you may submit a request to us by visiting the following page: Website Request Page. You may make a request up to twice within a twelve (12) month period. You may also call us on the following toll free telephone number: 855-849-0505.
We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and we will use that information only for that purpose. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.
Response timing and format
We will endeavour to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of the reason and extension period in writing.
Where you request a copy of your personal information, we will endeavour to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of you verified request.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you as a result of your exercise of any of these rights.
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CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
The Cumulus Platform is governed by and operated in, and in accordance with the laws of, the United States, and is intended for the enjoyment of residents of the United States only. We do not target the Cumulus Platform or any of our services at citizens located outside of the United States including, but not limited to, citizens of the European Union. Cumulus makes no representation that the Cumulus Platform is governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Cumulus Platform, or providing us with any information, you (a) acknowledge that the Cumulus Platform is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
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CHANGES TO THIS PRIVACY STATEMENT
Technology is an evolving medium. If we need to change this Privacy Policy at some point in the future, we will post the changes to this Privacy Policy on the Cumulus Platform and update the reference to the effective date to reflect the date of the amendment. By visiting the Cumulus Platform, you agree that your visit, and any dispute over privacy, is governed by this Privacy Policy.
“THE 3 MUSKETEERS BIG NIGHT OUT SWEEPSTAKES”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. HOW TO ENTER: Beginning at 12:00:01 am Eastern time (“ET”) on Monday, January 11, 2016, and ending at 11:59:59 pm ET on Sunday, January 24, 2016 (the “Sweepstakes Period”) you can enter the THE 3 MUSKETEERS BIG NIGHT OUT SWEEPSTAKES (the “Sweepstakes”) by visiting www.kixbrooksradio.com and following the links and instructions including filling in all requested fields on the entry form including a valid email address. The Sweepstakes is presented by Mars Chocolate North America, LLC, 800 High Street, Hackettstown, NJ 07840 (“Mars Chocolate”) and sponsored and administered by Westwood One, Inc., 220 West 42nd Street, New York, NY 10036 (“Administrator” or “WWO” and with Mars Chocolate, collectively, the “Parties”). WWO is the sponsor of the Sweepstakes. Mars Chocolate is not a sponsor of the Sweepstakes. The Sweepstakes is subject to these official rules. By participating, entrants agree to be bound by these official rules and the decisions of the Parties, which shall be final and binding in all respects. To enter the Sweepstakes, visit www.kixbrooksradio.com during the Sweepstakes Period and click on the banner to be directed to the entry site for the Sweepstakes (the “Website”) and follow the instructions listed there for a chance to win Three Thousand Dollars ($3,000) as described in Section 5 hereof. No responsibility is assumed by the Parties for any technical malfunctions that may occur. Any method of entry other than the foregoing is void and will not be honored. Only one (1) entry per physical address, e-mail address or person is allowed. If multiple Internet entries are received from the same physical address, e-mail address, or person, only the first entry received from that physical address, e-mail address or person will be accepted. No mechanically or electronically reproduced entries are allowed. The use of automatic devices for entry is not valid and may result in disqualification. You must complete and submit all required information to be eligible to enter to win. The Parties are not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties or other technological glitches or for incomplete, illegible, corrupted, or untimely entries, which will be voided and disqualified. All entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning the e-mail address or the domain associated with the submitted e-mail address. All entries submitted become the sole property of Administrator and will not be acknowledged or returned. Proof of submission of an entry shall not be deemed proof of receipt by Administrator. The Administrator’s computer is the official time keeping device for the Sweepstakes. Potential winners may be required to show proof of being the registered user of an account. Entries specifying an invalid, nonworking or inactive e-mail address will be disqualified and ineligible to win. Entries must be received no later than 11:59:59 pm ET on Sunday, January 24, 2016 in order to be eligible for a chance to win.
2. ELIGIBILITY: The Sweepstakes is open to all legal residents of the 48 contiguous United States and the District of Columbia (collectively, the “Sweepstakes Territory”), eighteen (18) years of age or older at the time of entry. Employees, officers and directors (including their families and persons residing in the same household) of the Parties and of the Parties’ respective members, parents, subsidiaries, and affiliated companies, affiliate radio stations or their licensees, promotional agencies, independent contractors, program suppliers and advertising agencies (such persons, collectively, “Ineligible Parties”) are ineligible to enter or win the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and void where prohibited. The Administrator reserves the right to verify the eligibility of any entrant.
3. RESTRICTIONS: The Parties and each of their respective parent organizations, subsidiaries, affiliates, officers, directors, shareholders, agents, representatives, employees, local radio station affiliates or their licensees, promotional agencies or independent contractors (the “Sweepstakes Entities”) are not responsible for late, lost, misdirected, incorrectly addressed, incomplete, undeliverable or destroyed entries, or for any: (i) hardware or software failures of any kind, (ii) lost or unavailable network connections, (iii) failed, incomplete or garbled computer or telephone transmissions, (iv) typographical or system errors and failures, (v) faulty transmissions, or (vi) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, or computer equipment. The Sweepstakes Entities are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of any winner, or the distribution of any prize. In addition, the Sweepstakes Entities are not responsible for any entry not received by WWO on account of technical problems or traffic congestion on the Internet, or at any website participating in the Sweepstakes, or any combination thereof, including, without limitation, any injury (including personal injury) or damage to entrant's or any other person's personal property (e.g., computer) related to or resulting from entering the Sweepstakes (or downloading any material for the Sweepstakes) or other telecommunications malfunctions which may limit an entrant's ability to participate. The Administrator may prohibit you from participating in the Sweepstakes or winning a prize, if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, engaging in deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other players or representatives of the Sweepstakes Entities. If the Sweepstakes is not capable of running as planned for any reason including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Parties, that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Administrator reserves the right at its sole discretion to void any suspect entries and/or cancel, terminate, modify or suspend the Sweepstakes without prior notice or obligation to any entrant or other third party. In the event the Sweepstakes is suspended, terminated or canceled, a winner may be randomly selected from all eligible entries received up to the date of such suspension, termination or cancellation. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE PARTICIPATING IN THE SWEEPSTAKES (INCLUDING WWW.WESTWOODONE.COM AND THE WEBSITE) OR THE WEBSITE OF ANY PARTICIPATING LOCAL RADIO STATION AFFILIATE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PARTIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Entrants are required to provide truthful information and the Parties will reject and delete any entry that it discovers to be false or fraudulent. Administrator will disqualify any entry from individuals who do not meet the eligibility requirements and the Administrator will also delete any entry received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act.
4. SELECTION OF PRIZE WINNER: All qualifying entries in the Sweepstakes will be entered into one random prize drawing. One (1) potential winner, pending verification of eligibility and compliance with these official rules, (referred to as the “Grand Prize Winner” or “Winner”) will be selected by WWO at random on or around Monday, January 25, 2016, from all eligible entries received. The decisions of the Parties are final and binding in all respects. The Grand Prize Winner will be notified by phone, mail and/or e-mail. If WWO is unable to contact the Winner after a reasonable effort has been made during five (5) business days from the first notification attempt, or any prize notification is returned as undelivered, such Winner may be disqualified and an alternate potential Winner selected (and an alternate to the alternate as many times as may be necessary). Any prize will be awarded subject to verification of eligibility and compliance with these official rules and as long as all qualifications relating to the Sweepstakes are met. Odds of winning are based upon the total number of eligible entries received. This is a national multi-market sweepstakes in which all entrants will compete with other entrants, including the listeners of multiple radio stations in multiple markets throughout the United States during the Sweepstakes Period.
5. PRIZE: One (1) Grand Prize Winner will win Three Thousand Dollars ($3,000) in cash which Winner may use to fund a big night out with two friends (“Event”). (TOTAL ARV: $3,000). Winner is responsible for booking all elements of their chosen Event with the cash award. The Parties shall have no liability in connection with the availability, or lack thereof, of any particular Event which Winner can choose in his/her sole discretion.
6. WINNER NOTIFICATION; CONDITIONS: Grand Prize Winner will be notified by phone, mail and/or e-mail. By entering the Sweepstakes, entrants are agreeing they meet the eligibility requirements stated in these official rules and they are not an Ineligible Party as that term is defined in Section 2 of these official rules. The Grand Prize Winner will be required to sign and return, as applicable, an affidavit of eligibility and, as may be required, at WWO’s discretion, to complete and sign other forms pertaining to the Sweepstakes before the prize is awarded. In the event any such signed forms are not received by WWO within the specified time period, WWO reserves the right to choose an alternate Grand Prize Winner by random selection. The affidavit of eligibility and the liability releases serve to, among other things, confirm eligibility and release the Sweepstakes Entities from any and all harm, injury or liability of any kind that may result in connection with participation in the Sweepstakes, the acceptance, use, misuse, possession, loss or misdirection of the prize or any typographical or other error in the printing, offering or announcement of any prize. Any person winning over $600.00 in prizes from WWO will receive an IRS Form 1099 from WWO for the calendar year in which the prize(s) is awarded and a copy of such form will be filed by WWO with the IRS. All federal, state, and local taxes and any expenses not expressly provided for in these official rules are solely the responsibility of the Grand Prize Winner. Except where prohibited by law, the Grand Prize Winner’s entry and Grand Prize Winner’s acceptance of the prize constitutes Grand Prize Winner’s permission to the Sweepstakes Entities to use the Grand Prize Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) for advertising and promotional purposes worldwide and in all forms of media, in perpetuity, without further compensation and is deemed a certification that such entrant meets the eligibility requirements of the Sweepstakes as listed in these official rules and is not an Ineligible Party. BY ENTERING THE SWEEPSTAKES, PARTICIPANTS RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM ANY AND ALL LIABILITY OR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SWEEPSTAKES OR ANY PRIZE WON. Entrants agree that all entries become the property of the Sweepstakes Entities and none will be acknowledged or returned. The Sweepstakes Entities and their designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as the Parties and their designees may determine without further consideration to entrants or any third party.
7. BINDING NATURE OF OFFICIAL RULES; WAIVER OF CLAIM OF AMBIGUITY: The Sweepstakes are subject to these official rules. By participating, entrants agree to be bound by these official rules and the decisions of WWO and waive any right to claim ambiguity in the Sweepstakes or these official rules. WWO reserves the right to modify these official rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
8. SWEEPSTAKES PROVIDED “AS IS”: THE GRAND PRIZE WINNER AND ENTRANTS AGREE THAT THE SWEEPSTAKES ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR, AND EACH WINNER AND ENTRANT AGREES TO RELEASE DISCHARGE, INDEMNIFY, AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM, LOSSES, DAMAGES, OR INJURIES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR SWEEPSTAKES-RELATED ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE ACCEPTANCE/POSSESSION AND/OR USE/MISUSE OF ANY PRIZE AND/OR ANY INJURY OR DAMAGE TO ENTRANT'S OR THIRD PERSON'S PROPERTY RELATED TO OR RESULTING FROM ANY PRIZE OR ANY PART OF THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS AGREE THAT SWEEPSTAKES ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND THAT ENTRANT SHALL HOLD SWEEPSTAKES ENTITIES HARMLESS AGAINST, ANY LIABILITY FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE THAT SWEEPSTAKES ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, WHETHER OR NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET WEBSITES USED IN THE SWEEPSTAKES (WWW.WESTWOODONE.COM, THE WEBSITE, AND THE WEBSITE OF ANY PARTICIPATING LOCAL RADIO STATION AFFILIATE) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE AFOREMENTIONED SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SWEEPSTAKES, INCLUDING ANY WEBSITES USED IN CONNECTION THEREWITH AND ANY PRIZE AWARDED HEREUNDER, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY THE SWEEPSTAKES ENTITIES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. WINNER LIST: For the name of the Grand Prize Winner or a copy of these official rules, send a self-addressed stamped envelope to “Grand Prize Winner” or “Official Rules” (specify which) c/o THE 3 MUSKETEERS BIG NIGHT OUT SWEEPSTAKES, 220 West 42nd Street, New York, NY 10036. All such requests must be received by Friday, February 26, 2016, to receive a response.
10. TERMS OF SERVICE; PRIVACY POLICY: By use of the Website and by entering the Sweepstakes, you agree to the Terms of Use located at http://www.westwoodone.com/Legal/Terms-of-Use and to the use of your personal information as described in the Privacy Policy located at http://www.westwoodone.com/Legal/Privacy-Policy.
MARS CHOCOLATE NORTH AMERICA LLC IS NOT A SPONSOR OF THE SWEEPSTAKES.
3 MUSKETEERS® is a registered trademark of Mars, Incorporated. All rights reserved.