Terms and conditions
The K 100 Country VIP (the "Service"), operated by Frankly Media, Inc., and WKKO-FM (together, Frankly Media, Inc. and WKKO-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 18 years of age or older. Employees or agents of WKKO-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 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 wkkofm.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.
Show Us Your Rack
Official Contest Rules
A complete copy of these rules can be obtained at the offices of radio station WKKO/WXKR (“Station”),owned and operated by Cumulus Media Inc. or one of its subsidiary companies, 3225 Arlington Ave, Toledo, OH 43614, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the Show Us Your Rack Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
1.No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply.
2. Only legal U.S. residents age 18 or older with a valid Social Security number at the time of entry are eligible to participate in Station contests. Employees, agents, representatives, or affiliates of the Station, Cumulus Media Inc., its subsidiaries and affiliates, participating sponsors, other radio stations, television stations and print advertising companies serving the metro area, and their immediate family members and household members are not eligible to participate. The term “immediate family members” includes spouses, parents, siblings, grandparents, children, grandchildren and cohabiting significant others.
3.An individual may win an on-going contest only once per six-month period unless otherwise specifically stated. An individual may win other seasonal or one-time contests only once for the duration of the contest. The Station reserves the right to limit the number of times an individual may enter a contest or drawing.
4.The contest will begin on Saturday, November1, 2014and will run throughNovember 23, 2014(the “Contest Period”).
5.There are 2 ways to enter this Contest:
(i)Visit either of the Station’s websites at www.k100country.com or www.wxkr.com and upload a picture of yourself with your prized deer and complete an entry form. One entry per person, per email address. All online entries must be received by midnight on November 23, 2014.
(ii)Mail picture of your deer and 3x5 card to the Station at the address above(labeled, Show Us Your Rack) containing the following information: name, address, age, phone number. All entries must be received by November 23, 2014. Late, incomplete or illegible entries will be disregarded.
6.OnNovember 24, 2014, one (1) entrant will be randomly selected from all eligible entries as potential grand prize winner. If it is determined that the candidate is not eligible to receive the grand prize, in the Station’s sole judgment and discretion, another candidate will be randomly selected for eligibility consultation and this process will continue on until such time as an eligible candidate is found. In the unlikely event that no candidates are found to meet the specifications, then the prize will go un-awarded. In the event of a tie, the winner will be determined by and at the Station’s sole discretion.
One (1) grand prize will be awarded. The grand prize package consists of the following: A $125 gift certificate from Sonseeahray Western & English store, $125 gift certificate from Quality Deer Processing, $125 gift certificate from Big Buffalo Pawn Shop(not valid for firearms), five(5) free propane fill-ups from Great Lakes Rental & Equipment Services, a $125 gift certificate from Tadsen’s, a $150 gift certificate from A-1 Auto Parts, a $50 gift certificate from Parabellum Gun Shop and hunting gift bag and Ralphies Bucks from Ralphies Sports and Drink Eartery..
7.. All expenses and fees associated with the grand prize not expressly included in the foregoing prize description are the sole responsibility of the winner. Total grand prize package is valued at $925.00.
8.Odds of winning depend on a number of factors including the number of eligible entries received and listeners participating at any given time.
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.All prizes are awarded “as is.” Prizes are nontransferable and cannot be exchanged. No substitute prize will be awarded to a winner who declines to accept a prize. The Station reserves the right to require contestants to be present at drawings in order to win their prize. The Station shall not be responsible for the failure of participating sponsors to deliver the prizes or any part thereof as described herein.
11.All prizes must be claimed in person at the Station at the address identified above during regular business hours and within ten (10) business days of winning, excluding holidays, unless otherwise agreed to by the Station at its sole discretion. After such time, ownership of said prize reverts back to the Station to be disposed of at its discretion. The winner then loses all claims and rights to said prize. Proper identification must be presented by any winner to claim prize. As a condition to receiving any prize, each potential winner must complete and sign a Winner’s Affidavit and Release, releasing the Station from all liability in connection with winner’s participation in the contest and acceptance, use, or non-use of the contest prize.
12.All entrants and winners agree that the Station shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in, winning, or losing any contest and/or by the acceptance, use, or non-use of any prize received in connection with this contest.
13.All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained on or within, shall become the sole property of the Station to be used, disposed of or destroyed in its sole discretion. The Station is not responsible for any incorrect or inaccurate information entered by website users, and 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 the Station’s website.
14.By participating in a Station contest in which text-message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers. Station does not guarantee, nor shall Station be in any way responsible for, the delivery or timeliness of any text message entry. Station will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. Station is not responsible for service outages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. Contests with text-message-based entries are subject to the Station’s Privacy Policy. By participating in Station contests, entrants agree that the Station may contact that entrant at the telephone number from which the text message entry was received. All text message entries must come from a valid and identifiable telephone number. Station reserves the right, in its sole discretion, to disqualify any entry if that entry’s source and sender cannot be reasonably determined. Station, through its third party text messaging administrators, will store all messages received on its system. Station may require, on request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent.
15.All entrants and winners agree to give the Station and its licensees, affiliates, successors, and assigns the irrevocable and unrestricted right to use, re-use, broadcast, or publish their name, city of residence, photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched or distorted in character or form, and winner’s voice, recorded or live, for any reason the Station deems necessary without compensation, unless prohibited by law. All winners release, discharge, and agree to hold the Station harmless from any and all claims they may have against the Station in connection with the taking, production, or the use of winners’ name, city of residence, any photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched, or distorted in character or form and without restrictions as to any changes, transformations or alterations, and including winners’ voices, recorded or live. All winners further acknowledge that the Station owns or will own exclusively any photographs of such winners used for such purposes, including the copyrights in them, regardless of the form in which they have been or may be produced and used, and all winners assign all such ownership rights to the Station.
16.By participating in the Contest, each participant agrees to receive email communications from the Station regarding Station events and contests. Any participant that opts-out of these mailings will also remove themselves from the contest. By participating in the Contest, where allowed by law, participants agree that the Station may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
17.By participating in the Contest, participants agree to be bound by the decisions of Station personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Station will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Station’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Station, the Station reserves the right to terminate this Contest, or make such other decisions regarding the administration or outcome as the Station deems appropriate. All decisions will be made by the Station are final. The Station may waive any of these rules in its sole discretion. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
18.By participating in this contest, each participant agrees to waive any and all claims for damages for death, personal injury, loss of property or property damage that he or she may sustain as a result of his or her participation in the contest and/or the use of any prize, and any damages or losses arising from the implementation or carrying out of the contest or any participant’s failure to win the contest or receive the prize, and to release the Station, Cumulus Media Inc. and its subsidiaries, affiliates, directors, officers, employees, agents, and all contest sponsors from any and all liability arising out of or connected in any way with his or her participation in the contest, even though that liability may arise out of an intentional act, omission, negligence or carelessness on the part of the persons or entities mentioned above.
19.A winners list may be obtained after November 24, 2014 by sending a self-addressed stamped envelope to the following address: 3225 Arlington Ave. Toledo, OH 43614
Participating Sponsors:
Parabellum Gun Shop
Sonseeahray Western and English Store
Century Cart Connection
Quality Deer Processing
Big Buffalo Pawn Shop
Great Lakes Rental and Equipment Services
Ralphies Sports and Drink Eatery
Tadsen’s
A-1 Auto Parts