Terms and conditions
The FOREVERMIDSHORE.COM (the "Service"), operated by Frankly Media, Inc., and FRVR-MID (together, Frankly Media, Inc. and FRVR-MID are referred to as "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account, and the forfeiture and relinquishment of all Points you have accrued in the Service. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program where registered users can accrue Points by engaging in certain activities and can redeem Points for certain offers ("Rewards"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible to users in multiple Services within this market or across multiple markets are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in.
Eligibility
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are 18 years of age or older. Employees or agents of FRVR-MID, Frankly Media, Inc., and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the Points levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the Points required for any Reward; or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
Membership registration
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household. If you are 18 years of age or under you cannot post information about yourself on the website or complete the registration process. You can, among other things, review your accumulated Points, review the Terms and Conditions as amended from time to time, and review redemption options at frvrmid.clubviprewards.com .
Account security
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your Points accrued will be forfeited.
Points
To earn Points, you must undertake an activity described in a Service-authorized promotion for earning Points, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which Points will be awarded in connection with the Service. You also will be rewarded a percentage of the total Points that your primary referrals earn on their use of the Service. We expressly reserve the right to change the rate at which referred Points are credited and to limit the amount of referred Points credited to your account each week to an overall maximum number of Points that may be less than the number of member referred Points that would have been credit based on the current percentage being paid. We also expressly reserve the right to establish additional means of accruing Points, to delete any or all of the means currently in effect, to exclude specific types of transactions from the accumulation of Points or to specify periods after which unused Points will be forfeited. Points can be accrued only for activity actually taken and completed by you or by your primary referrals and can be applied only to your account. You may earn Points from only one computer or network access point at any given time; simultaneous activity on multiple computers for one account will not be credited. Streaming activity is further limited to one stream at a given time. You may accrue Points simultaneously for non-streaming activity, provided it is in accordance with the conditions regarding network access Points and multiple computers. Points posted to your account for transactions that are subsequently voided will reduce the Points accrued in your account by the number of Points earned for the corresponding voided transaction. We will use reasonable efforts to allocate earned Points to each user's account. However, you are responsible for ensuring that your Points are properly credited. If you believe that Points have been earned but not credited, or in cases where we deem verification is required, we reserve the right to require proof of accrual, including, but not limited to, copies or receipts or similar documentation verifying any transactions claimed to have been performed. We must receive any claims of Points by you and proof of accrual within three months after the date such Points are claimed to be earned. Points will be maintained in your account until they are redeemed for a Reward or for 6 months or are forfeited whichever occurs first. Each month, all Points that are more than 6 months old will be deleted from your account. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.
Rewards
You may redeem Points accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. You may use your Points to submit Sweepstakes entries, each of which is subject to their own official rules available on the entry screen. You are required to be 18 years or older to bid in certain auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes entries. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. All active bids and sweepstakes entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes. Points earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In some cases, Rewards you select are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Any rules of the merchants relating to returns and exchanges apply, but no Points will be re-credited to your account. You are responsible for taxes, if any, due on Points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or Points under any circumstances.
Games
To play some of the games offered through the Rewards Service (including, but not limited to, scratch and win games, blackjack-style games, and slots-style games), you must submit the required number of Points, at which time the Points will be deducted from your account. The minimum number of Points required for a game play will be determined separately for each game, but typically range from 25 to 5000 Points . Once submitted, your game play cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to game play submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the game play is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by Operator in its sole discretion. You may also participate in games that require Points to play through an offline method. No Points are required for an offline play. To play a game offline, you must mail a 3" x 5" card to Frankly Media, Inc., 2110 Powers Ferry Road., Suite 470, Atlanta, GA 30339. Limit one card per outer postmarked envelope. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home postal address, home telephone number with area code, the user name and email address you entered when you registered for the Service, your age, gender, [insert name of station and/or Rewards Service], and the name of the game you wish to play. Each offline submission will entitle you to the number of Points needed to play the game identified in your offline submission once. Operator will deposit that number of Points into your account, and then you can play the game by submitting those Points in the manner described above. Operator is not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries or game play requests, or for failure to receive online entries or game play requests due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.
Privacy Policy
By participating in the Service, you agree that we may collect and use information about you that you provide to us in accordance with our Privacy Policy. For more information the privacy policy is located here. By using the Service, you agree to be bound by the terms of our Privacy Policy.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of Points or redemption of Rewards may result in forfeiture of accrued Points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any Points, or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING Points FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING Points FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of Points, redemption of Points, and disclosure of passwords to third parties. We are not responsible for any incorrect or inaccurate information, whether caused by data entry errors by us, website users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the set up or processing of the service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person's computer or data related to or resulting from participating or downloading materials in this Web site. We are not responsible for cheating or fraud by any members. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of Points, use of Rewards, or other participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove Points from your account as a penalty, terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions.
Indemnity
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site.
Miscellaneous
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts or choice of laws rules (whether of Georgia or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Frankly Media, Inc. and/or its licensors, which reserves all rights to such property.
Privacy Statement for FOREVERMIDSHORE.COM
FRVR-MID and Frankly Media, Inc. (collectively, 'us', 'we', 'Operators') have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the FOREVERMIDSHORE.COM website ('Site').
Your privacy is very important to us. Because we gather certain types of personally identifiable information ("Personal Information") from users of our website and for various business activities, operational and business purposes, we feel you should know how we collect, use, disclose, manage, and store the Personal Information that you may voluntarily provide us and the Personal Information that is collected passively through the use of cookies or image tags on our website. This Privacy Policy is a part of the Site's Terms and Conditions, which is binding on all Site users. This Policy applies only to the Personal Information collected by the Operators and does not cover any such information collected by its corporate parent(s), affiliates, or any other company, unless specifically stated.
If you do not agree with this Privacy Policy, please do not participate in the FOREVERMIDSHORE.COM's online or off-line activities and services that require you to provide your Personal Information. (The type of Personal Information collected is listed below.) This Policy provides information regarding your choices to either Opt-out or Opt-in when your Personal Information is used for various promotional and marketing purposes by the Operators, Site, its corporate affiliates, and/or our generous advertisers, sponsors, or promotional partners (collectively, "Advertisers"). For example, for the Operators, Site or our corporate affiliates use of your Personal Information for marketing and promotional purposes, we provide you with the right to Opt-out. However, the choice for sharing your Personal Information with Advertisers may be different. Please see details in the "Disclosure to Advertisers" section below.
GENERAL PRIVACY GUIDELINES
We use your Personal Information to provide you with the features, services, or goods you request and to respond to billing and/or other such questions related to the Operators or Site. We will also use your Personal Information to notify you about updates, new features, programming and activities on behalf of the Operators, Site, or our Advertisers that may be of interest to you. (We explain below in the next section what our policy is for the collection, use and disclosure of Personal Information to Advertisers.)
We may also use your information for hiring, operational and business purposes, or to find out how we can improve our Site via surveys or online tracking mechanisms. We use aggregate Personal Information to help us to evaluate and modify existing services and features. We also use your Personal Information to develop new services and features that may be of interest to you.
We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to other third party marketers or any such persons that are not associated with the Operators as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or the Operators; or 4) to enforce the Terms and Conditions of the Site.
It is also necessary that we share your Personal Information and Sensitive Personal Information with our operational service providers, the specialists that provide internal support to the Operators operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the Operators or website. Additionally, such providers are not to use your Personal Information for their own marketing or promotional purposes.
In the event that the assets or stock of the Operators, their corporate licensees or parent company(s) are sold or transferred, merged with a different company or entity, restructured, or subject to other fundamental corporate changes, we reserve the right to disclose any and all databases compiled from Personal Information or Sensitive Personal Information collected by the Operators to such successor. We will seek to obligate the Operators' successor to agree to the terms of the Privacy Policy, as it may hereafter be modified, but cannot guarantee that we will be able to do so or that the successor company will comply with this obligation.
We reserve the right to collect Personal Information using any new technology yet to be developed and to use such technology to provide new services and features to you, as well as for marketing and promotional purposes. Specific information regarding your choice to Opt-in or to Opt-out to such use, or for sharing your Personal Information with Advertisers, will be provided once the new technology, service, or feature is introduced.
WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Your IP address is used to gather broad demographic information. We use cookies to deliver content specific to your interests, to save your password so you don't have to re-enter it each time you visit our site, and for other purposes.
Our Site's registration form requires users to give us contact information (like their first and last name, mailing address, phone number, and email address) and demographic information (like their zip code, age, or gender). We use customer contact information from the registration form to send the user information about the rewards service, and to notify and ship prizes to the winners of auctions, sweepstakes, or contests as well as mail checks for cash earned on purchases made through the rewards service. The customer's contact information is also used to contact the visitor when necessary. We give users the option to remove their information from our database, to not receive future communications, or to no longer receive our service, by submitting your request to Member Support. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers and other third parties on an aggregate basis.
Unless stated otherwise, we do not request contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as ".net" or ".com") as part of the contact information. Federal law prohibits the sending of commercial email messages directly to a wireless device that uses a domain name, unless you have first given your affirmative consent. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest or membership club. However, we will not knowingly use that contact information for sending commercial email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name as such messages are not deemed to be commercial email and therefore, are not regulated by Federal law. However, when "computer to phone" commercial emails are prohibited by law, we may reject your wireless device contact information when such information is submitted for certain Site features or services. We will attempt to notify you if we will need new contact information.
For specific purposes (such as the purchase of goods and services) we may request a type of confidential personally identifiable information which shall be called "Sensitive Personal Information" and is defined as any individual's: (1) social security number; (2) driver's license number or state identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual's financial account. This Sensitive Personal Information will only be used to implement the specific activity or event it was submitted for. We will not share your Sensitive Personal Information with Advertisers.
However, more general Personal Information will be used to implement the specific activity or event and will also be used for the marketing of additional events, services and merchandising for this Site and the Operators.
If you sign up for an email newsletter or alert, we will use your email address to deliver the newsletter or alert requested. To opt-out of any newsletter or alert, click the unsubscribe link at the bottom of the email or alert you received or go to Subscriptions and uncheck the box or boxes for the newsletters or alerts you wish to opt-out of.
DISCLOSURE TO ADVERTISERS
Advertising support allows us to offer, free of charge, many great activities and services to our users such as contests, sweepstakes and special events. Therefore, we may also use your Personal Information for the marketing of events, products or services of our generous Advertisers. There are two ways users may receive such information from Advertisers, either indirectly via newsletters, email or direct mail from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.
Our opt-in program allows you the opportunity to request to be contacted with additional information, to receive special offers and/or to receive materials from Advertisers. If you elect to opt-in to receive information, materials or special offers from these third parties, you give the Operators permission to transfer your personal information to our partners so they can fulfill your request. We will only share your information with those Advertisers or category of Advertisers you specifically opt-in to. Our third party partners have separate privacy and data collection practices; the Operators have no responsibility or liability for these independent policies.
If you do not want your personal information shared with Advertisers, please select the option to not participate in our opt-in program.
You have the option of completing online surveys as a part of the rewards service. Among other things, our surveys ask for demographic information (like income level). The information collected through these surveys is used to tailor our visitors' experience at our site and may be shared with advertisers and other third parties on an aggregate basis.
Our Site also provides users the opportunity to opt-out of receiving communications from us and our Advertisers at the point where we request information about the visitor.
We give users the option to remove their information from our database, to not receive future communications, or to no longer receive our service, by submitting your request to Member Support.
SECURITY MEASURES
We conduct the collection, management, maintenance and storage of website user information in a secure and commercially reasonable manner using acceptable industry standards of security technology and practices (such as electronic security systems and password protections) to protect against the loss, misuse or alteration of Personal Information. We also request that our operational service providers take such precautions. The Operator databases are accessible only by authorized personnel.
However, please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. We use a secured connection only for the collection of Sensitive Personal Information, which is necessary for the purchase of goods or services, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
CHILDREN'S PRIVACY POLICY
Although persons of all ages may visit our Site and participate in activities that do not require the collection of Personal Information or Sensitive Personal Information, we do not knowingly or intentionally collect Personal Information or Sensitive Personal Information from children under the age of 13. Except for the limited circumstances listed below, we will automatically reject and delete the registration or entry of any person we believe in good faith to be underage. Any false or fraudulent registration or entry from a minor will be deemed to be ineligible and will disqualify the minor from the receipt of a prize, benefit, or other participation.
Except to meet Federal Communications Commission ("FCC"), or other regulatory and legal purposes, we will not use, store, or disclose any child's Personal Information to a third party without prior parental consent.
This Site may have contests and prizes that could appeal to children. However, we do not knowingly or intentionally collect personal Information from children. If we unintentionally receive Personal Information from children under the age of 13 in relation to this activity, we will comply with the Children's Online Privacy Protection Act of 1998 ("COPPA") and reject and destroy such correspondence upon knowledge of such collection, except for the limited circumstances above. For more information about COPPA, please see the Federal Trade Commission's website: www.ftc.gov.
Your California Privacy Rights
Residents of the State of California, under a new provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.
The Operators of Atlanta's Rock Rewards qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information during the preceding year for marketing purposes.
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). You may contact us in two ways. Send email to Privacy Administrator at the email address listed in the Contact Us section below. Alternatively, you may contact the Operators at the physical address listed below in the Contact Us section of this privacy statement.
For requests sent via email, you must put the statement "Your California Privacy Rights" in the subject field of your email. All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Privacy Administrator at the email address or physical address listed below in the Contact Us section of this privacy statement.
Unless specified otherwise on the Site, all users must be at least 13 years of age and a legal resident of the United States to participate in any activity that requires the submission of Personal Information. This Site is designed and targeted to United States (U.S.) audiences and is governed by and operated in accordance with the laws of the United States. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are at least 13 years of age and located in the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. Please be aware that any Personal Information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to the U.S., and waive any claims that may arise under your own national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.
Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from Advertisers, or marketing companies. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site or a participant in Operators activities. We reserve the right to revise this policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Therefore, we encourage you to check this Privacy Policy often.
Cookies/Image Tags
The use of cookies is an industry standard and they are currently used on most websites, including this Site. Cookies are a small text file containing a unique identification number that is transferred from a website to the hard drive of a user's computer so that the website administrator or a third party operational service provider may identify the computer and passively track the user's activities on the website. Image tags work in conjunction with cookies and are small image files that may be located on select pages of our Site, or with-in web-based email newsletters that we may send. (Image tags are also called web beacons, web bugs, clear GIFs or single-pixel GIFs.) Tracking is important because we can better understand what parts of our website are used the most, when to launch new services and how to enhance current offerings. We may share the information we receive from cookies and image tags with third-parties and our Advertisers in aggregate form, which means that such information does not contain specific Personal Information or Sensitive Personal Information about any one visitor.
In short, cookies and image tags collect a user's Internet protocols and server information. Such data files allow our Site to remember your web browser when you visit our Site and are necessary tools for quick and efficient access to the Site. A cookie will not allow the Site to learn any Personal Information (such as your real name and email address) or Sensitive Personal Information that you have not otherwise disclosed. Cookies and image tags allow the Site to remember important information that will make the Site easier for you to use and helpful in our administration of various activities. We do not use cookies or image tags to collect other Personal Information or Sensitive Personal Information unless you give us permission to do so.
You can choose to have your computer warn you each time a cookie or image tag is being sent, or efficient and enjoyable - like the features mentioned above - and some of our other services will not function properly.
ADVERTISING AND OTHER THIRD PARTY CONTENT
This Privacy Policy does not cover third party advertising or third party content that may be present on the Site. This Site may provide banner and general advertising, in addition to other content provided by our Advertisers or operational service providers. Users may from time to time purchase goods or services offered through, or otherwise participate in or send messages concerning such advertising, promotions or third party content offered through the Site. Such correspondence, transactions and agreements are solely between the user and the Advertiser or the third party content provider and do not involve the Site. Also, Advertisers and such third party content providers may not have the same privacy policies that we do and you are encouraged to read their privacy policy first.
HYPER LINKS TO OTHER WEBSITES
This Site often provides links to third party websites that could be of interest to our users, including the websites of our Advertisers. The Operators do not own or control these websites and therefore, are not responsible for the content, business practices, nor operations of such websites. Third party websites linked on this Site may have different privacy policies and business practices than we do. The presence of a link to a third party website does not constitute or imply our endorsement, recommendation, or sponsorship of the third party content, goods, or services available through, or contained on, the Site. By use of this Site, you have agreed that you will use the hyperlinks to third party sites at your own risk.
Correct/Update
We give users the option to change and modify information previously provided, by visiting the "My Account" section of the website or by submitting your request to Member Support.
Contact Us
For communications related to Your California Privacy Rights, contact us at the address below. For requests sent via email, you must put the statement "Your California Privacy Rights" in the subject field of your email.
Frankly Media, Inc.
attn: Your California Privacy Rights
2110 Powers Ferry Road.
Suite 470
Atlanta, GA 30339
If you have any other questions about this privacy statement, the practices of this Site, or your dealings with this Site, you contact us at the address below. For requests sent via email, you must put the statement "Privacy" in the subject field of your email.
Frankly Media, Inc.
2110 Powers Ferry Road.
Suite 470
Atlanta, GA 30339
GENERAL CONTEST RULES
For those Radio Stations operated by: Forever Media, Inc. and its affiliates “Forever” Revised and Effective 4/11/2016
Please refer to Specific Contest Rules Associated with this Contest
1. No purchase or payment necessary to enter or win. Purchase or payment will not increase a (“Participants(s)”) chance of winning. Void where prohibited or restricted by law. Forever may air contest(s) from time to time which are conducted by Forever’s advertisers and other organizations that are not, sponsored or endorsed by, and/or for which, neither Forever, nor its radio stations, participate (“Non-Forever Contest(s)”). For any Non-Forever Contest(s) please refer to the contest rules of the Non-Forever Contest(s) Sponsor. Forever assumes no liability or responsibility in whole or in part for any Non-Forever Contest(s).
2. Except as specifically provided, Forever Contests are open to US Residents, 13 years or older. However, eligibility and minimum age requirements may vary depending on the specific contest. Generally, Participant(s) must be at least 21 years of age for all contests associated with alcoholic beverages and/or air travel as Prize(s) and be at least 18 years old for participation in contests for motor vehicles, off road vehicles, or boats as Contest Prize(s), unless otherwise provided in the Specific Contest rules for a Specific Contest. No one under 13 years of age or in debt to Forever Media, will be permitted to enter a contest under any circumstance. Forever will delete and disqualify any entry whether on-line or by other means in compliance with the Children’s Online Privacy Protection Act (“COPPA”), Forever and its affiliated radio stations, Forever’s employees and their immediate families, employees of other broadcast or print media operations within the ADI, or internet media entities, event sponsors, prize providers or advertisers, and their respective immediate families are not eligible to participate or win.
3. Participant(s) can only win one contest prize (“Prize(s)”) per household every 30 days. For Prize(s) valued at over $150, only one Prize(s) per household every 90 days. For any Prize(s) over $600, only one Prize(s) per household every 180 days. For on-air Contests, there is no limit as to the number of call-ins or texts a Participant(s) may attempt, however that Participant(s) may only qualify once. If participation is by cellular, text or broadband all standard wireless carrier rates for the Participant(s) carrier will apply, and neither Forever nor its Participating Radio Stations will assume any responsibility for any fees for any communication to or from the Forever or the Participating Radio Stations
4. Unless as otherwise specified by Forever in its sole discretion, Winners must execute and return any and all required documentation including but not limited to event participation, waiver and release forms required by Forever, in its sole discretion and as applicable to a Contest, within 24 hours of notification by Forever, to Participant(s) provided email address and/or phone number, that they have won the Contest and/or Prize(s). Winners must appear in person with proper positive legal governmental issued photo identification acceptable to Forever, at its sole discretion, to claim any Prize(s) at the applicable Forever Radio Participating Radio Station(s) Studio Address, between 8 am and 5 pm Monday through Friday (excluding holidays) or at a place and time as otherwise designated by Forever, within 30 calendar days, (or sooner for time sensitive Prize(s) or as otherwise required by Forever), or the Prize(s) will be forfeited. Prize(s) may not be claimed by a third party on behalf of a Winner. Forever and its Participating Radio Station(s) reserve the ability at their sole discretion to choose alternate Winner(s) in the event of a disqualification or ineligibility.
5. Except at Forever’s sole discretion, Prize(s) will not be mailed out or delivered to winners. Any winner under the age of 18 must be accompanied by a parent or legal guardian, who will be required to sign for the Prize(s).
6. All Prize(s) for which the aggregate value is in excess of $600 are subject to IRS 1099 reporting at the declared value. Winners are responsible for any applicable federal, state, or local taxes.
7. Unless determined by Forever, in its sole discretion, no cash equivalent amount will be awarded for any contest Prize(s). Each Prize(s) is expressly limited to the items announced by the Participating Radio Station(s), and does not include taxes gratuities or other potential Prize(s) related expenses. All Prize(s) will have a declared Value which is established by Forever in its sole discretion. All Prize(s) are awarded “AS-Is” without any warranty of any kind and any Rev. 04/11/16 Page 2 of 3 Copyright © Forever Media Inc. such warranties are herein affirmatively disclaimed. Any Trip or Event Prize(s) are subject to trip carrier or venue operator rules and restrictions. If an event or trip is cancelled, neither Forever nor its Participating Radio Station(s) will be responsible for that portion of the Prize(s). Acceptance of a trip or event by a Winner constitutes an acceptance by them of the inherent risk of that Prize(s). The Winner assumes such risk completely and will indemnify and hold harmless Forever and its Participating Radio Stations for any resulting damages or claims related thereto.
8. The Forever Participating Radio Station(s) may from time to time work in conjunction with concert promoters and various venues throughout our listening area to provide contestants the opportunity to win tickets and sometimes meet performers backstage as part of a contest or promotion. This opportunity is at all times subject to the sole discretion of the performer and the controlling venue and subject to change at any time. With this in mind, there may be situations where the Forever Participating Radio Station(s) and the promoter and/or the venue cannot be held liable for, including but not limited to: changes to the time, place, method, procedure, or cancellation of the event and or applicable Artist meet and greet sessions at any time.
9. Forever Participating Radio Station(s) and affiliated companies are not responsible for any claims, liabilities, or damages arising out of, or in conjunction with, any Non-Forever Contest(s) any typographical errors in the printing, administration announcement or Prize(s) awarding, nor is Forever responsible for any malfunction of equipment or telephone systems, internet, or email, text or the cost of texting or otherwise transmitting their entry or participation during a Contest. The Forever Participating Radio Station(s) management has the final decision as to the judging, the Winner and at all times retains the right but not the obligation, in regard to all Contest matters including, but not limited to, the ability to, terminate, cancel, postpone, substitute, or modify the Contest, to qualify, disqualify or substitute Participant(s), to award, re-award, rescind award and not to re-award a Prize(s).
10. All telephone calls to the Forever Participating Radio Station(s) Contest lines will be recorded and may be played back on the air for promotional purposes. By playing Contests you give Forever the right to publicize your name, likeness and voice through any medium.
11. In the event of a local, regional or national emergency or power outage, or other event determined at Forever’s sole discretion, Contests may be temporarily suspended, modified, or cancelled at the sole discretion of Forever.
12. Odds of winning are determined by the exact number of Participant(s) when each Prize(s) are drawn. Contest void where prohibited or restricted by law.
13. If Participant(s) are listening to the internet stream of a Forever Participating Radio Station(s), they are hereby advised that programming may be delayed affecting real time contest participation. Participant(s) at no time should rely on streamed broadcasts in order to participate.
14. Any person or persons found to be in violation of any Contest rules, gain an unfair advantage, win using fraudulent means or exhibit unsportsmanlike, disruptive, harassing offensive or threatening behavior before, during, or after the respective Contest will be disqualified and any Prize(s) will be forfeited and Forever will reserve the right at its sole discretion to not re-award a Contest Prize(s) for that Contest.
15. Promotions and contests on the Participating Forever Radio Station(s) may be conducted, but not limited to, the following methods: over-the-air, via telephone or text, on location at a business or event, via the Participating Forever Radio Station(s) website(s), or through social networks (i.e. Facebook, Twitter, and/or Instagram). Multiple Participant(s) are not permitted to share the same email address, social media account or text number. Only the authorized user of the email address social media account or the text number will be considered the Winner in the event of a dispute among multiple Participant(s) from such entries. While reasonable care will be taken, neither Forever nor it’s Participating Radio Station(s) nor any participating sponsor and/or Prize(s) supplier can be held responsible for the non-delivery, delay or loss of an entry. Contest entries will become the property of Forever and will not be acknowledged or returned.
16. If you are accessing these rules on, or participating in this Contest from, a Forever Participating Radio Station website, you are deemed to have specifically agreed to the Forever website’s Terms of Use and to the use of your personal information as described in the Privacy Policy contained on the website. Should Forever or its Participating Radio Station(s) determine that there is any suspected or actual evidence of any fraud that effects the integrity of a Contest conducted in any form and/or through any medium, Forever reserves the right but not the obligation, in its sole discretion to modify, suspend, or terminate the Contest. Rev. 04/11/16 Page 3 of 3 Copyright © Forever Media Inc.
17. By participating in the Contest and/or accepting the Prize(s) for to be bestowed from the Contest, the Participant(s) acknowledge that there could be certain considerations and/or risks associated with the Contest and/or the Winning of Prize(s) and further acknowledges that it is the Participant(s) responsibility to abide by all terms of General and/or Specific Contest Rules (as applicable) and exercise any safety precautions associated with Contest participation and/or the Winning of Prize(s). Therefore, for good and valuable consideration the sufficiency of which is hereby acknowledged by the Participant(s) to the Contest, and his or her heirs, agents and assigns agree to hold harmless Forever and its respective radio station(s), affiliates subsidiaries, employees, agents, owners, officers, directors Prize(s) Prize(s) provider(s) and/or sponsor(s), event location operators and their respective assigns from any and/all claims, liabilities, demands, attorney’s fees or other unforeseen acts of any kind whatsoever, including but not limited to any restrictions or requirements of providers, of the Contest participation and judging, and/or Winning or awarding of Prize(s, and any other consideration, that may result from, the Contest participation and/or the Winning of Prize(s).
18. By participating in the Contest, all Participant(s) grant Forever the exclusive permission to use their names, characters, images, voices and likenesses submitted content, ideas or other submissions in connection with the Contest and waive any claims to royalty, right or remuneration for such use. Participant(s) also hereby waive any right to inspect or approve the finished copy of any media, broadcast, advertising material and/or any Forever use in connection with this Contest participation and/or Winning of Prize(s). Participant(s) also affirmatively represent that any submissions are their own work and does not infringe on any copyright, trademark or other intellectual right of any other person and will indemnify Forever for any breach of that representation.
The above General Contest Rules may be amended, supplemented, modified in all or part for a specific radio station or station(s) Events/Contests/Activities from time to time by Forever in its sole discretion. Forever at all times reserves the right to amend/supplement and/or modify these General Contest Rules with specific rules which shall be made available by the Forever radio station as appropriate and in the Forever radio station(s) sole discretion. Listeners’ and potential contest Participant(s) are urged to acquaint themselves with these specific contest rules in advance of their participation. Where Specific Contest Rules are in place for a particular event, those Specific Contest Rules shall control over where different from the General Contest Rules.
Forever Media Inc. its affiliates and their Radio Station(s) do not and shall not discriminate, in any way on the basis of race or gender, respecting their employment or advertising practices.