Terms and conditions
The Pure Rock 96 VIP (the "Service"), operated by Frankly Media, Inc., and WFTK-FM (together, Frankly Media, Inc. and WFTK-FM 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 13 years of age or older. Employees or agents of WFTK-FM, 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 13 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 wftkfm.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.

Wftk’s “neXt2rock Virtual” Contest
Official Rules

A complete copy of these rules can be obtained at the offices of radio station WFTK-FM (“Station”), owned and operated by Cumulus Media Cincinnati, 4805 Montgomery Rd., Suite 300, Cincinnati, OH 45212, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.

The Station will conduct the 96 Rock “neXt2rock Virtual” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:

1. No purchase is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.
2. Competition Periods and Deadlines. The Competition will begin at 12:01 a.m., ET on September 21, 2020 and conclude at 11:59 p.m., ET on October 4, 2020(“Competition Period”). This Competition will have several periods each with associated deadlines which will each individually and collectively be adhered to and will consist of the following: (A) Artist Registration Period, (B) Top 5 Fan Rating Period, (C) Fan Voting Period.

Eligibility. This Competition is open only to individual rock music artists (each a “Solo Artist”) or rock music bands with two (2) or more members (each a “Band”) in which all of the Band members individually satisfy each of the eligibility requirements set forth below. In the event any individual Band member is ineligible or disqualified for any reason, then the entire Band will be disqualified. Solo Artists and Bands entering the Competition are hereinafter referred to as “Entrants.” Entrants, individually and collectively, as the case may be, must satisfy the following eligibility requirements at all times during the Competition Period:

1. Be a legal U.S. citizen or a permanent legal U.S. resident who is eligible to work full-time in the United States with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio.
2. Be at least 18 years old on September 21, 2020 (which means you must be born on or before September 16, 2002 at the time of submission of completed Registration Materials).
3. Not be an employee of Sponsor, or any of its subsidiary companies, the Stations, their respective advertising or promotion agencies, nor be an immediate family member or household member of any such employee or of a Competition judge. The term “immediate family member” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household member” refers to people who share the same residence at least three (3) months out of the year. Sponsor reserves the right to remove from the Competition any person whom Sponsor determines, in Sponsor’s sole discretion, is sufficiently connected with the Competition or any of the entities described above, if such person’s participation in the Competition could create the appearance of impropriety. Conversely, Sponsor reserves the right to allow any person to remain part of the Competition who may have a connection with the Competition or any of the entities described in this paragraph if, in Sponsor’s sole discretion, Sponsor determines that such person’s involvement in the Competition does not and will not affect the integrity of the Competition.
4. Be able to demonstrate to Sponsor’s satisfaction that the Entrant does not have any of the following agreements in effect (written or oral) during or after the Competition Period:
5. A contract for talent representation by a professional talent agent;
6. A current music recording contract;

iii. A current agreement relating to the use of Entrant’s name, voice and/or likeness;

1. An exclusive acting contract; or
2. Any other contractual arrangement that would prohibit an Entrant from fully participating in the Competition, or entering into any contracts required by Sponsor, including an exclusive talent-representation contract, recording contract, music publishing contract, and merchandising contract.

The Competition is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Competition. Winning is contingent upon fulfilling all requirements set forth herein.

1. How to Enter. To enter the Competition, (i) visit the Competition page at www.purerock96.com and (ii) click on the “Artist/Band” link, and complete the entry process in accordance with the following requirements:
2. Complete a Registration Form with the requested information about the Entrant, including an email address and password. The email address and password will be used by Entrants during the Competition to establish and access their Competition Profile. Bands must identify one (1) Band member who on the Registration Form as the Band’s Administrator.
3. During the Artist Registration Period, Entrants will submit an .MP3 of an original song using the upload tool on the Station Website for this Competition. Submissions via any other means will not qualify. An original song is one that (i) has not been recorded or published by any artist on a record label, and (ii) for which the Entrant has permission to use. Submissions must be received by 11:59 p.m., ET on October 4, 2020. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected Submissions, all of which will be disqualified.
4. Review and accept these Official Rules by providing the Administrator’s electronic signature.
5. Create and complete the Competition Profile, including providing (i) a biography of Entrant; (ii) one (1) photograph of Entrant; and (iii) Entrant’s Website, Facebook, Twitter, and Instagram social media links.
6. Limit one (1) Registration Form/Competition Profile per Entrant. Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to submit more than one (1) Registration Form/Competition Profile using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Registration Form/Competition Profile and the Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
7. By submitting the Registration Form, Entrant acknowledges and agrees that Entrant is creating a user ID/password with the Competition Website and will be required to participate in Competition activities through the Competition Website. All Registration Materials provided by Entrant to the Competition Website and Competition Profile will be displayed and maintained on the Competition Website or any other website used by Sponsor to promote Competition, for public viewing. All such Registration Materials will be retained by Sponsor and not returned to Entrants.
8. All Registration Forms must be submitted no later than 11:59 p.m., ET on October 4, 2020.
9. Top 5 Fan Rating Period. The Fan Rating Period will be from 12:01 a.m., ET October 5, 2020 until 11:59 p.m., ET October 11, 2020. During the Fan Rating Period, fans will be encouraged by Entrants, the Stations, and Sponsor to visit the website www.purerock96.com and create an account to rate the music of all Entrants during the Fan Rating Period. During the Fan Rating Period fans will have the ability to rate the music of all Entrants. The eligible ratings received by each Entrant during the Fan Rating Period will apply to Entrant’s Fan Appeal Score. The Entrant’s Fan Appeal Score will be given substantial consideration by the WFTK staff when determining who will be the winner in the Fan Voting Period round. One (1) rating per Entrant per email address. Multiple fan participants are not permitted to share the same email address. Any attempt by any fan to submit more than one (1) rating by using multiple/different email addresses, identities, registrations and logins, or any other methods will void those ratings. Use of any automated system to participate in rating is prohibited and will result in disqualification of the votes.
10. Fan Voting Period. The Fan Voting Period will be from 12:01 a.m., ET October 12, 2020 until 11:59 p.m., ET October 23, 2020. The “Artist/Band” that receives the most votes during this period will be named the winner.
11. Selection and Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL COMPETITION WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. At the conclusion of the Top 5 Fan Rating Period, and Fan Voting Period, the one (1) Entrant with the highest cumulative score based on a combination of various factors considered by the WFTK Staff and Sponsor will be a candidate for the Grand Prize, all subject to verification of eligibility and compliance with the terms of these Official Rules. All decisions made by judges and Sponsor are final, binding, and not subject to challenge. In the event it is determined that any Entrant is ineligible or subject to disqualification for any reason, then that Entrant will be disqualified and the Entrant with the next highest cumulative score will be a candidate for the prize. Potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Potential winner will be required to sign and return to Sponsor, within twenty-four (24) hours of being declared a candidate for the prize, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), potential winner forfeits the prize.
12. Grand Prize. One (1) Grand Prize will be awarded in this Contest. The Grand Prize is one thousand dollars, and an opportunity to play at Bunbury Music Festival 2021. ARV One thousand dollars ($1,000). The Cash prize will be given to the person who submitted the entry. In the case of a band entry, it is the responsibility of the person who submitted the entry to decide how and in what amounts to divide, or not divide, the cash prize. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time.
13. There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.

1. Entrant Representations. By submitting Registration Materials and being allowed to participate in the Competition, Entrant represents, warrants and agrees that:
2. All Registration Materials and Competition Submissions provided by Entrant as part of the Competition, including but not limited to photographs, songs, video, biographical materials, graphics, and/or artwork (collectively “Judged Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement and composition of such songs and/or music videos.
3. All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any supplemental materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this Competition, and have waived any applicable moral rights in such materials in favor of Entrant. The Judged Materials and supplemental materials are referred to herein collectively as the “Creative Materials.”
4. The use of Creative Materials as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If an Entrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Sponsor reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignments or waivers required herein.
5. Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.
6. Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade names, logos or the intellectual property of any third parties. Entrant names and Creative Materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification. Entrant names and Creative Materials must be in keeping with Sponsor’s positive image. Without limitation, Creative Materials that are deemed by Sponsor, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Sponsor in a negative fashion, may be disqualified. THIS REQUIREMENT IS STRICTLY ENFORCED. NO PROFANITY MAY APPEAR IN OR BE HEARD ON ANY CREATIVE MATERIALS.
7. Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Sponsor believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the Registration Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
8. Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
9. All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
10. General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
13. Entrant’s Personal Information. Information collected from entrants is subject to Station’s Privacy Policy, which is available on the Station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained therein, shall become the sole property of Station to be used, disposed of or destroyed in its sole discretion. Station is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to Station’s website.
14. Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.

CONTEST SPONSOR: Cumulus Media Cincinnati, WFTK-FM, 4805 Montgomery Rd. Suite 300, Cincinnati, OH 45212. Delaware North, 250 Delaware Ave, Buffalo, NY 14202. Churchill Downs Inc., 600 N. Hurstbourne Pkwy, Louisville, KY 40222.