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Terms and conditions
The KHAY VIP (the "Service"), operated by Frankly Media, Inc., and KHAY-FM (together, Frankly Media, Inc. and KHAY-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 KHAY-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 khayfm.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.
UPDATED AS OF July 1, 2020
CUMULUS MEDIA Inc. (“Cumulus,” “we,” “us,” or “our”) is dedicated to preserving your confidence and trust as it relates to the privacy of your information. Please read this policy so you understand how we collect, safeguard, use and share the information you provide to us through our technology platforms, including, without limitation, our websites, web pages, interactive features, applications, Twitter and Facebook pages, and Mobile Application (collectively the “Cumulus Platform”).
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PRIVACY POLICY
Your personal privacy is a principal concern to us at Cumulus. Our goal in outlining our policy on the collection and use of your information is to ensure the highest level of confidentiality and security. When you provide your personal information on any Cumulus Platform, we will not give or sell your personal information to any outside company for its use in marketing or solicitation without your permission, which may be express or implied. We will maintain the confidentiality of your personal information and it will be used only to support your customer relationship with our company and to assist us in providing better and more targeted services to you. Additionally, internal practices are in place to help protect your privacy by limiting employee access to and use of customer information. When we ask you to provide personal information through the Cumulus Platform, it is done with the goal of improving the relationship between you and Cumulus. At Cumulus, we allow you to maintain control over your personal information while attempting to provide a more interactive experience. Our intention is to send communications only those of you who have chosen to receive such communications. At any time, you have the right to decline receiving future communications from Cumulus in any manner, including email, text, social media, fax, telephone and postal mail.
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INFORMATION COLLECTED THROUGH THE CUMULUS PLATFORMS
When you utilize any Cumulus Platform, you do so anonymously. Personal information that could be used to identify you as an individual is not automatically collected. However, there are several ways in which information about you may be collected through the Cumulus Platform.
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Voluntary Disclosure: Some Cumulus Platforms may request that you voluntarily provide personal information for purposes such as correspondence, site registration, membership, making a purchase, or participating in contests or online surveys. Information that we may ask you to provide may include your name, email address, telephone number, mailing address, birth date, and payment information (such as account or credit card number). We may also request that you provide your preference information, social security numbers, lifestyle interests, and other demographic information that may be needed to register or subscribe you to services or offers.
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Device Identifier: Each time the Cumulus Platform is accessed, we or our service providers automatically collect your IP address or other unique identifier for the device (computer, mobile phone, tablet or other device) you use to access the Platforms (“Device Identifier”). Cumulus uses Device Identifiers to analyze trends, administer the site, track movements on the site, help identify you and your shopping cart, and gather broad demographic information for aggregate use. Device Identifiers are not linked to any other personally identifiable information by Cumulus.
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Usage Information: Whenever you access or interact with the Cumulus Platform, we, as well as any third party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Cumulus Platform is accessed and used (“Usage Information”). Usage Information may include device type, operating system, browser type, application version, the page accessed, the date and time, your use of features or applications, your preceding page views, and your interactions with friends and group activities. This information helps us maintain a platform that is up-to-date and to devise content that is responsive to your interests.
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Cookies, Mobile Analytics, and Pixel Tags: Like many other commercial technology platforms, the Cumulus Platform may use standard technologies such as cookies, mobile analytics software and pixel tags to collect Usage Information and Device Identifiers. Cookies are small text files on your system used for keeping track of settings or data for a particular website and can be used to store information necessary to provide a service or access into a site, including associating you with social networking sites like Facebook and Twitter and enable interactions between your activities on the Cumulus Platform and your activities on such social networking sites. We, or our vendors and third party partners, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting the Cumulus Platform, such as allowing us to select the ads or offers that are most likely to appeal to you based on your interests, preferences, location, or demographic information), as well as for market research related purposes. Any information that we may store in cookies is used for internal purposes only. You may turn cookies off through your browser or set your browser to notify you before accepting them. You can learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.
Your browser’s help menu or other instructions related to your browser will show you how to reduce the number of cookies you receive from us or delete cookies that have already been installed in your browser’s cookie folder. If you elect to disable or opt out of receiving cookies, please understand that some features and services on the Cumulus Platform may not work properly because we may not be able to recognize and associate you with your Cumulus account(s). Also, the offers we make available to you when you visit the Cumulus Platform us may not be as relevant to you or tailored to your interests.
Pixel Tags are transparent graphic images, sometimes called web beacons or tracking beacons, that are placed on a web page or in an email to indicate that the page or email has been viewed. A pixel tag also may tell your browser to get content from another server.
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HOW WE USE AND DISCLOSE THE INFORMATION WE COLLECT
We collect only information that is needed, and we tell you how we use it. We limit the collection of information about you to what we need to know to manage your membership; provide customer service, including responding to your questions and communicating with you about your account and activities on the Cumulus Platform; make access to certain areas and features of the Cumulus Platform available to you; verify your identity; offer new products and services; notify you of changes to Cumulus policies; perform market research, analytics and operations; tailor content, advertisements, and offers we make available to you; improve the Cumulus Platform; fulfill any legal and regulatory requirements; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. Under certain circumstances we may share location data with our third party partners for market research and other data analytics related purposes. We tell you about the general uses of information we collect about you, and we will provide additional explanation if requested. You may change, update or add additional information about yourself at any time through the Cumulus Platforms that offer this feature. If a Cumulus Platform does not currently provide this ability, you can still change your data profile by contacting your local radio station. All Cumulus Platforms will provide this feature in the near future.
As a result of providing your personal information to us, the Cumulus Platform can provide a more customized experience, making your interaction with us more productive, helpful and fun, and will enhance the services and offers that we can bring to you. If you provide us with your email address or cell phone number, or have done so in the past, we may send you email or text offers or newsletters. These offers or newsletters are based on information you provided in your membership application, registration forms, surveys, or from information that may indicate purchasing preferences and lifestyle, as well as information available from external sources, such as census bureau data. These email/text offers will come from Cumulus only. Your information, email address or cell phone number is never sold to a third party. All offers are carefully developed to guarantee that they meet our standards. Our goal is to target offers that you will find to be of value to you. At any time, you may request to discontinue receiving these communications from us by simply replying to the email address or text number included in every email/text message that you receive from us.
From time to time, we may offer contests or other promotions on the Cumulus Platform. If you enter a contest or sweepstakes, or participate in a promotional event, we will ask you to provide information about yourself (such as your name, address, and email address). Among other things, we will need this information to contact you if you win, and we may also use this information for marketing purposes. We may share this information with any sponsors and prize providers of the contest, sweepstakes, or promotional event; sponsors and prize providers will be identified in the official rules. We may also share this information with or other third party service providers that help administer our contests, sweepstakes, and promotional events, such as by conducting drawings, and/or delivering prizes to winners. If you do not want to provide the requested information or have the information provided to sponsors, prize providers, or other third party service providers, please do not enter the contest, sweepstakes, or participate in the promotional event.
We monitor URL click-throughs found in our electronic communications. The click-through rate is reviewed in order to track (i) participation in contests and sweepstakes to judge effectiveness and award prizes; (ii) your interests and preferences; and/or (iii) response rates for marketing purposes or to report to a client in aggregate form only, the response of listeners. Individual activity is never shared with employees or third parties.
At times, our clients might collect Personal Information about you on the Cumulus Platform or on-site at a retail locations or other Cumulus events. The collection of this information is clearly marked as information being collected by or for a third party, and providing such information is strictly voluntary. We may help facilitate the collection of the information by providing forms and collection boxes for the client. Sometimes this information is shared with us Cumulus, though we will only market to you if you have given us permission. Information gathered in this manner is shared with our client partners; and other information you may have previously provided to us remains private.
We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate the Cumulus Platform, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, surveys or provide marketing or promotional assistance and our partners in co-branded sites and promotions. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties in connection with marketing, promotional, and other offers, as well as product information, and for such third party’s analytics and market research. The Cumulus Platform may include Nielsen’s proprietary measurement software which may allow you to contribute to market research. For more information, visit: http://www.nielsen.com/digitalprivacy .
We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Additionally, we may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our Terms of Use or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to the Cumulus Platform or the public.
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OTHER DISCLOSURES
Third party platforms and services accessible through the Cumulus Platform have separate privacy and information collection practices, independent of us. Cumulus has no responsibility or liability for these independent policies or actions. You are solely responsible for maintaining your Personal Information, the secrecy of your passwords, membership ID, or any account information. Please be careful and responsible whenever you are online. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we aim to protect your personal information, Cumulus cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. While we put forth our best efforts in adhering to these minimum privacy standards, additional restrictions may be imposed to comply with state and local laws, and/or station-specific programs, products and services.
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INFORMATION WE RECEIVE FROM THIRD PARTIES
We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from Cumulus, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Usage Information, Device Identifiers, and Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. Services like Facebook Connect give you the option to post information about your activities on the Cumulus Platform to your profile page to share with others within your network. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections'” web page, profile page, or similar page on a social networking or other third party website or interactive service.
We may also receive information about you from third party data providers. We may supplement the information we collect about you through the Cumulus Platform with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.
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SECURITY
Access to your Personal Information is limited to those who specifically need it to conduct their business responsibilities. We use security techniques designed to protect your Personal Information-especially information that is used by employees and business partners to provide services to you. In addition to providing you with the opportunity to refuse marketing offers, we release information only with your consent or at your requests, or when required to do so by law or other regulatory authority. When a court order or subpoena requires us to release information, we notify you directly so that you legal rights can be exercised, if appropriate. The only exceptions to this policy are when we are prohibited by court order or law from notifying you, or cases in which fraud and/or criminal activity is suspected. Finally, each Cumulus employee is personally responsible for maintaining listener and customer confidentiality. All Cumulus employees are required to sign an agreement that they will comply with these policies. Employees who violate these policies are subject to disciplinary action, up to and including termination of employment. Employees are expected to report violations-and may do so confidentially-to their managers or other supervisors. Each radio station has an employee who has been assigned the responsibility for assuring the adherence to Cumulus’s privacy policy. Check your local Cumulus Radio Website for this contact.
While we take information security seriously, please understand that no electronic data transmission or storage of information can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us or that you use the Cumulus Platform. You are providing your information to us at your own risk.
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YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
You may always direct us not to share your Personal Information with third parties (other than our service providers), not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your registered user information on the Cumulus Platform; (ii) sending us an email at privacy@cumulus.com; (iii) contacting us by mail at Cumulus Digital Department, 3280 Peachtree Road, Suite 2300, Atlanta, GA 30305; Attn: Customer Service; or (iv) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Cumulus Platform, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Cumulus Platform. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at privacy@cumulus.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
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ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT
We may use third party ad network providers to help present ads on the Cumulus Platform, as well as other service providers to evaluate and provide us with information about the use of the Cumulus Platform and viewing of our content. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Cumulus Platform and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours.
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides a mechanism to opt out of receiving cookies from those companies. Please note that if you opt-out of targeted advertising, we may still track your visits to the Cumulus Platform for our own analytics, operations and security purposes.
We do not respond to web browser “do not track” signals. As such, your navigation of our website may be tracked as part of the gathering of quantitative user information. If you arrive at our website by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our website.
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PROTECTING THE PRIVACY OF CHILDREN
Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. The Cumulus Platform is not directed at children under the age of 13 and we will not knowingly allow anyone under 13 to provide us any Personal Information. If you are under the age of 13, please do not provide any information about yourself to any Cumulus Platform.
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PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA ONLY
The California Consumer Privacy Act of 2018 (“CCPA”) provides “consumers” (California residents) with specific rights regarding their “personal information”. This section describes your CCPA rights and explains how to exercise those rights.
During the past twelve (12) months, we have collected the following categories of personal information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties. The categories of information include information we collect from our customers, partners and website visitors, and any other person that interacts with us either online or offline. Not all information is collected about all individuals.
Category of information collected
Source
Business purposes* for use
Categories of third parties receiving information
Identifiers
(name, email address, telephone number, mailing address, date of birth, lifestyle interests, “likes” and” preferences, comments you have shared and groups)
Individuals submitting information to us
Information we may receive from third-party marketing and data partners.
Performing services for you including joining our clubs or accessing our streaming.
Advertising customization.
Auditing relating to transactions and contests.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses and advertising partners.
Sensitive information
(invoicing data, payment information (such as account or credit card number), billing details, log-in details (membership ID, password and username)
Individuals submitting information to us.
Information we may receive from third-party marketing and data partners.
Performing services for you.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Commercial information
(transaction history, products/services purchased, obtained or considered and product preferences)
Individuals submitting information to us.
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Performing services for you.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Internet or other electronic network activity
(IP address, web browser type and version, the operating system used and the domain name of your internet service provider, information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page)
Information we automatically collect from website visitors.
Information we may receive from third-party marketing and data partners.
Advertising customization.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Geolocation
Information we automatically collect from website visitors.
Information we may receive from third-party marketing and data partners.
Advertising customization.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
Inferences from the above
(preferences, characteristics, behaviour, attitudes and abilities, etc.)
Internal analytics.
Information we may receive from third-party marketing and data partners.
Advertising customization.
Auditing relating to transactions.
Internal research and development.
Security detection, protection and enforcement.
Functionality debugging, error and repair.
Quality control.
Service providers (such as those listed in Section 3).
Affiliated companies.
Government regulators.
Law enforcement.
Strategically aligned businesses.
* The business purposes also include those listed at Section 3 of this policy.
Sale of personal information
In the preceding twelve (12) months, Cumulus may have sold the following categories of personal information:
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Identifiers;
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Commercial information;
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Geolocation; and
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Inferences from the above.
Your rights and choices
As of January 1, 2020, if you are a verified California resident, you have the right to obtain certain information about our collection and use of personal information over the past twelve (12) months, including:
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The categories of personal information we collect;
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The categories of sources of personal information we collect;
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Our business purpose for collecting or sharing that personal information;
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The categories of third parties with whom we share that personal information;
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The specific personal information we have collected about you over the past twelve (12) months;
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If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
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the categories of personal information sold and the category of third party recipients; and
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list of the categories of personal information that we disclosed for a business purpose.
You have the right to request that we do not sell personal information about you, and to request that we delete (and direct our service providers to delete) your personal information subject to certain exceptions.
Personal information sales opt-out and opt-in rights
If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of individuals we actually know are less than sixteen (16) years of age. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following page: Do Not Sell My Personal Information.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
Exercising your rights
You may change, update or add additional information about yourself at any time through the Cumulus Platforms that offer this feature. If a Cumulus Platform does not currently provide this ability, you can still change your data profile by contacting your local radio station. You can also exercise any of these rights by contacting us using the contact details set out throughout this policy or you may submit a request to us by visiting the following page: Website Request Page. You may make a request up to twice within a twelve (12) month period. You may also call us on the following toll free telephone number: 855-849-0505.
We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and we will use that information only for that purpose. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.
Response timing and format
We will endeavour to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of the reason and extension period in writing.
Where you request a copy of your personal information, we will endeavour to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy. Any disclosures we provide will only cover the twelve (12) month period preceding the receipt of you verified request.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you as a result of your exercise of any of these rights.
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CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
The Cumulus Platform is governed by and operated in, and in accordance with the laws of, the United States, and is intended for the enjoyment of residents of the United States only. We do not target the Cumulus Platform or any of our services at citizens located outside of the United States including, but not limited to, citizens of the European Union. Cumulus makes no representation that the Cumulus Platform is governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Cumulus Platform, or providing us with any information, you (a) acknowledge that the Cumulus Platform is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
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CHANGES TO THIS PRIVACY STATEMENT
Technology is an evolving medium. If we need to change this Privacy Policy at some point in the future, we will post the changes to this Privacy Policy on the Cumulus Platform and update the reference to the effective date to reflect the date of the amendment. By visiting the Cumulus Platform, you agree that your visit, and any dispute over privacy, is governed by this Privacy Policy.
Official Contest Rules
Submission Dates: 03/13/2020 at 8:39 AM PT - 03/27/2020 at 5:00 PM PT
PODS® Messiest Garage Contest
This contest ("Contest") is sponsored by KHAY VIP ("Sponsor"). The Contest is subject to these Official Contest Rules, which shall be deemed to include the specific information found on the contest microsite (the "Contest Microsite"): https://digitalivy.com/BSLSBV
The Contest shall begin on 03/13/2020 at 8:39 AM PT identified on the Contest Microsite and all entries must be placed and received by 03/27/2020 at 5:00 PM PT specified on the Contest Microsite (the "Submission Period").
To enter the Contest you must click to enter, or if rewards points are required, you must submit the required number of Points specified on the Contest Microsite. The Points will be deducted from your account when you submit your entry. The maximum number of entries allowed for this Contest (and the frequency with which you can enter, if multiple entries are permitted) is specified on the Contest Microsite. (The number of Points required for an entry will be determined separately for each contest, but typically range from 500 to 10,000 Points, and in some contests no Points are required for entry.) An entry will not be valid unless all of the required fields of the online registration form are completed and the information is validated. Once submitted, an entry cannot be deleted, canceled or modified, except by the Sponsor or Service Provider (as defined below).
In the event of a dispute as to entries submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the contest account from which the entry is made. The authorized registrant is deemed to be the natural person who is assigned a username and password to participate in the contest and all decisions regarding the identity of the authorized registrant shall be made by Sponsor in its sole discretion.
You may also participate in a Contest through an offline entry. No Points are required for an offline entry. To enter offline, you must mail a 3" x 5" card to our Contest service provider, Frankly Media, Inc. ("Service Provider") at: Frankly Media, Inc., 2110 Powers Ferry Road., Suite 470, Atlanta, GA 30339. You may enter offline as described in the Contest Microsite, but 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, the entry title, the entry description, a digital copy of the entry itself on CD and the name and URL of this Contest. All offline entries must be received on or before the end of the Submission Period, except that if the Submission Period ends on a Saturday, Sunday or holiday, your offline entries must be received by the immediately following business day. If you are concerned about your mail-in entry being received by the entry deadline, then during the last three business days of the Submission Period you may fax in a photocopy of your offline entry card for the Contest. Limit one card per facsimile. The facsimile must contain a photocopy of the card with the full information listed above and must be received by the end of the Submission Period. After faxing a copy of your entry card, you must still mail in your original entry card for your facsimile entry to be valid. Your original entry card and entry materials must be postmarked prior to the end of the Submission Period and must be received no later than 4 days after the end of the Submission Period. If your original entry is not received by mail within 4 days after the end of the Submission Period, your facsimile entry will be void and you will forfeit any and all interest in the prize(s). Send all facsimiles to 770-818-5794. Sponsor and its Service Provider are not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries, or for failure to receive online or facsimile entries 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 Sponsor or Service Provider. Regardless of entry method, the following are void and ineligible to enter or win: (i) entries submitted by third parties; (ii) mechanically or electronically reproduced entries; or (iii) multiple entries generated by means of software or other automated processes.
All entries become the property of Sponsor and Service Provider, and none will be returned.
Eligibility Release and License Prizes Winner Notification and Affidavits Limitation on Liability Contest Disputes Winner's List Sponsor This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Contests are open to natural persons and legal residents of the United States. You must be at least 13 years of age to enter unless a different age eligibility requirement is specified on the Contest Microsite. You must have a valid street address in the United States (a P.O. Box address will not suffice). Employees or agents of the Sponsor, Service Provider, Frankly Media, Inc., and each of their respective affiliates, subsidiaries, and parent companies and the immediate family members of and persons domiciled with such persons are not eligible to enter or win.
Except where prohibited, by entering the Contest, you agree that Sponsor and Service Provider, and their affiliates, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees, agents, representatives, successors, assigns, and licensees (collectively, the “Releasees”) have the right to publish your entry(ies) on the Contest website and to broadcast, publish, or otherwise use your entry(ies) and/or your name, appearance, voice, biographical information, and likeness in connection with the Contest or for any other commercial, publicity, or promotional purpose, in any manner or medium throughout the world in perpetuity, without limitation, review or approval, or compensation to you. By entering, you grant the Releasees an exclusive, royalty-free and irrevocable license and right to telecast, broadcast, copy, edit, adapt, modify, reproduce, publish, create derivative works of, distribute, use, or otherwise publicly display any or all of your entry(ies), or any portion thereof, in any manner or medium throughout the world in perpetuity, for commercial, publicity, or promotional purposes, and to license others to do so, without limitation, review or approval, or compensation to you.
Prizes for this Contest include only those items expressly listed on the Contest Microsite. The Approximate Retail Value of each prize is specified on the Contest Microsite.
A Sponsor-selected panel of judges experienced in graphic design will score entrants through a combination of popular vote (40%) and judgment of entry appeal (60%). The entrant(s) with the highest score(s) will be named the potential winners. In the event of a tie, the winner will be the entrant with the higher score for the “entry appeal” factor. All panel decisions are final.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THE POTENTIAL WINNER HAS BEEN VERIFIED BY SPONSOR AND/OR SERVICE PROVIDER, AND SPONSOR AND/OR SERVICE PROVIDER HAS/HAVE NOTIFIED THE POTENTIAL WINNER THAT VERIFICATION IS COMPLETE. All results are unofficial until verified by Sponsor and/or Service Provider. Even if an entry is shown on the Contest website as a leader or winner that entry has not yet won.
No substitution of any prizes except by Sponsor. No prize transfer permitted. No prizes will be refunded or exchanged for cash. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. All taxes on prizes, and all fees and expenses related to acceptance and use of a prize which are not included on the prize description on the Contest Microsite are the sole responsibility of the winner. As applicable, winner will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Winner(s) may be required to provide their Social Security Numbers to Sponsor for tax reporting purposes. No prizes will be shipped to an address outside the United States.
Sponsor will notify a winner using the email address provided with that winner’s entry. Winners may be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within 14 days of notification of winning. Failure to sign and return the affidavit and release within such period or to comply with any term or condition of these Official Rules may result in disqualification and forfeiture of any interest in a prize. In the event the winner cannot be reached within 14 days following attempted notification, or if the prize or prize notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate winner may be selected based on the entrant with the next highest score. Up to 2 alternate winners may be selected for each prize, after which such prize will remain unawarded.
By entering, all entrants release Sponsor, Service Provider, and their respective affiliates, subsidiaries, parent companies, officers, directors, agents, promotional partners and employees from any and all liability with respect to or in any way arising from this Contest and/or acceptance or use or mis-use of any prize, including, but not limited to, liability for personal injury, death, damages, or loss. Sponsor and Service Provider are not responsible for prize quality or utility, and are not responsible for any incorrect or inaccurate information, whether caused by entrants, website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of submissions in the Contest. Sponsor and Service Provider 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. Sponsor and Service Provider 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 or Contest. Sponsor and Service Provider are not responsible for cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Contest, or to defraud the Sponsor or Service Provider in any way may be prosecuted to the fullest extent of the law. Participants engaging in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the Contest is not capable of operating as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor and/or Service Provider which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor and/or Service Provider reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest and award prizes among eligible entries received prior to the termination date. Only the number of prizes stated in these Official Rules and/or the Contest Microsite are available to be won in this Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes to be available and/or claimed, Sponsor and/or Service Provider reserve the right to award only the stated number of prizes based upon the entries that received the highest scores.
As a condition of participating in this Contest, participant agrees to be bound by these Official Rules and that any and all disputes which cannot be resolved between the parties, and any causes of action arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action. Participants consent to the exclusive jurisdiction of the courts located in Cobb County, Georgia, and agree that all matters pertaining to these Official Rules and disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of Georgia, without regard to any conflicts or choice of law rules or provisions (whether of Georgia or any other jurisdiction). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., his or her costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is found to be invalid or unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
For a Winner's List, available thirty (30) days following the end of the Contest, send a self-addressed, stamped envelope to: [Insert contest name], Frankly Media, Inc. Contest Winner's List, 2110 Powers Ferry Road., Suite 470, Atlanta, GA 30339. VT residents may omit return postage for winners list requests.
This Contest is operated by the Sponsor. To contact the Sponsor, write to Service Provider, c/o Frankly Media, Inc., 2110 Powers Ferry Road., Suite 470, Atlanta, GA 30339. Sponsor and Service Provider are not responsible for typographical, printing, or other errors in these Official Rules or in other materials relating to the Contest.