Terms and conditions
The WXFX VIP (the "Service"), operated by Frankly Media, Inc., and WXFX-FM (together, Frankly Media, Inc. and WXFX-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 WXFX-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 wxfxfm.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.

WXFX neXt2rock 2019 COMPETITION OFFICIAL Rules

A complete copy of these rules can be obtained at the offices of radio station WXFX (“Station”),owned and operated by Cumulus Broadcasting, LLC, located at 1 Commerce Street, Suite 300, Montgomery AL 36104, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.

The Station will conduct the WXFX neXt2rock 2019 COMPETITION (the “Competition”) substantially as described in these rules, and by participating, each participant agrees as follows:

No purchase is necessaryto enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.

1.Competition Period and Deadlines. The Competition will begin at 12:01am CT on September 12, 2019 and conclude at 11:59 pm CT on October 12, 2019 (the “Competition Period”). This Competition will have several periods each with associated deadlines which will each individually and collectively be adhered to and will consist of the following: (A) Artist Registration Period, (B) Fan Voting Period, (C) Judging Period and (D) Live Finale in Montgomery, Alabama. The Station’s computer is the official time keeping device for this Competition.

a. Artist Registration Period. The period of time to submit completed Registration Materials will begin at 12:01 a.m., CT on September 12, 2019 and conclude at 11:59 p.m., CT on September 26, 2019 (“Registration Period”).

b. Fan Voting Period. The period of time where fans may rate the music of each entrant will begin at 12:00 p.m., CT on September 27, 2019 and conclude at 11:59 p.m., CT on October 3, 2019 (“Fan Voting Period”).

c. Judging Period. The Judging Period will take place on October 4, 2019.

d. Live Finale in Montgomery, Alabama. The Finale will take place on October 12, 2019 at 6:00 PM CT at the Alabama National Fair @ Garrett Coliseum, 1555 Federal Drive, Montgomery, AL 36107.

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

a. Be a legal U.S. citizen or a permanent legal U.S. resident who is eligible to work full-time in the United States.

b. Be at least 19 years old on September 12, 2019 (which means you must be born on or before September 12, 2000 at the time of submission of completed Registration Materials).

c. Not be an employee of Station, or any of its subsidiary companies, the Stations, their respective advertising or promotion agencies, nor be an immediate family member or household member of any such employee or of a Competition judge. The term “immediate family member” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household member” refers to people who share the same residence at least three (3) months out of the year. Station reserves the right to remove from the Competition any person whom Station determines, in Station’s sole discretion, is sufficiently connected with the Competition or any of the entities described above, if such person’s participation in the Competition could create the appearance of impropriety. Conversely, Station reserves the right to allow any person to remain part of the Competition who may have a connection with the Competition or any of the entities described in this paragraph if, in Station’s sole discretion, Station determines that such person’s involvement in the Competition does not and will not affect the integrity of the Competition.

d. Be able to demonstrate to Sponsor’s satisfaction that the Entrant does not have any of the following agreements in effect (written or oral) during or after the Competition Period:

i. A contract for talent representation by a professional talent agent;

ii. A current music recording contract; 2

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

iv. An exclusive acting contract; or

v. Any other contractual arrangement that would prohibit an Entrant from fully participating in the Competition, or entering into any contracts required by Sponsor, including an exclusive talent-representation contract, recording contract, music publishing contract, and merchandising contract. The Competition is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. How to Enter. To enter the Competition, (i) visit the Competition page on a Station’s Website at www.WXFX.com and (ii) click on the neXt2rock link, and complete the entry process in accordance with the following requirements:

a. Complete a Registration Form with the requested information about the Entrant, including an email address and password. The email address and password will be used by Entrants during the Competition to establish and access their Competition Profile. Bands must identify one (1) Band member who on the Registration Form as the Band’

b. During the Artist Registration Period, Entrants will submit an .MP3 of an original song using the upload tool on the Station Website for this Competition. Submissions via any other means will not qualify. An original song is one that (i) has not been recorded or published by any artist on a record label, and (ii) for which the Entrant has permission to use. Submissions must be received by 11:59 p.m., CT on September 22, 2019. Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected Submissions, all of which will be disqualified.

c. Review and accept these Official Rules by providing the Administrator’s electronic signature.

d. Create and complete the Competition Profile, including providing (i) a biography of Entrant; (ii) one (1) photograph of Entrant; and (iii) Entrant’s Website, Facebook, Twitter, and Instagram social media links.

d. Limit one (1) Registration Form/Competition Profile per Entrant. Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to submit more than one (1) Registration Form/Competition Profile using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Registration Form/Competition Profile and the Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.

e. By submitting the Registration Form, Entrant acknowledges and agrees that Entrant is creating a user ID/password with the Competition Website. All Registration Materials provided by Entrant to the Competition Website and Competition Profile will be displayed and maintained on the Competition Website or any other website used by Station to promote Competition, for public viewing. All such Registration Materials will be retained by Station and not returned to Entrants.

f. All Registration Forms must be submitted no later than 11:59 p.m., CT on September 26, 2019.

4. Fan Voting Period. The Fan Voting Period will be from 12:00 p.m., CT September 27, 2019 until 11:59 p.m., CT October 3, 2019. During the Fan Voting Period, fans will be encouraged by Entrants and the Station to visit the Competition Website located at www.WXFX.com and create an account to vote the music of all Entrants during the Fan Voting Period. During the Fan Voting Period fans will have the ability to vote up to five (5) times each day; one (1) vote per artist or band. The eligible votes received by each Entrant during the Fan Voting Period will apply to Entrant’s Fan Appeal Score. The Entrant’s Fan Appeal Score will be given substantial consideration by the judges when determining who will be the winner in the Judging Period round. One (1) Voting per Entrant per email address. Multiple fan participants are not permitted to share the same email address. Any attempt by any fan to submit more than one (1) Voting by using multiple/different email addresses, identities, registrations and logins, or any other methods will void those votes. Use of any automated system to participate in Voting is prohibited and will result in disqualification of the votes.

5. Judging Period. There will be two (2) parts to the Judging Period of this Competition.

A. One (1) Local Judging Period to determine finalists and

B. One (1) Local Live Finale Event

A. Local Judging Period and Local Live Finale Event

Local Judging Period October 4, 2019; Local Live Finale Event – October 12, 2019

Rules for Local Judging Period

On or after October 4, 2019 a panel of local judges will review each Entrant’s song and consider the fan voting score of each Entrant to determine which Entrants (minimum of three (3) and no more than ten (10) Entrants will move on to the Local Live Event).

Local Live Finale Event

On October 12, 2019 at 6:00 PM CT the Station will hold a Local Live Event at The Alabama National Fair at Garrett Coliseum, 1555 Federal Drive, Montgomery, AL 36107. At the Local Live Event, the top Entrants for that Station, in its sole discretion, will perform live to determine the winner. It is at the sole and absolute discretion of the Station how many Solo Artists/Bands will perform at this event. . Should an Entrant be unable to perform on that date, time and event for any reason, then the Entrant will be disqualified. Entrants will be rated by a panel of judges in the following categories: Overall Appearance, Stage Presence, Musicianship, Originality, Song Selection and Crowd Reaction. The Station in its sole discretion, along with a panel of judges, will determine the one (1) winner.

6. Grand Prize. One (1) Grand Prize will be awarded in this Competition. The Grand Prize is a Gift Card to Bailey Brothers Music Company ARV [Five Hundred Dollars] ($500.00), a potential opportunity to perform at Blue Iguana Bar & Grill, 1714 E. Main Street, Prattville, AL, as determined in Bar’s sole discretion and potential airplay of one (1) song on Station, as determined in Station’s sole discretion. Airplay, in any amount, is not guaranteed. The Cash prize will be given to the person who submitted the entry. In the case of a Band entry, it is the responsibility of the person who submitted the entry to decide how and in what amounts to divide, or not divide, the cash prize. Station will not be responsible for deciding or mediating any dispute over the cash award between band members. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Competition Period and listeners participating at any given time. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason. There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply. All federal, state, provincial, local and other tax liabilities, including but not limited to sales and use taxes, goods and services taxes, excise taxes, income and U.S. withholding taxes, customs duties, fees and like amounts in connection with a prize award, acceptance or use of a prize arising from this Competition will be the sole responsibility of each winner.

7. Entrant Representations. By submitting Registration Materials and being allowed to participate in the Competition, Entrant represents, warrants and agrees that:

a. All Registration Materials and Competition Submissions provided by Entrant as part of the Competition, including but not limited to photographs, songs, video, biographical materials, graphics, and/or artwork (collectively “Judged Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement and composition of such songs and/or music videos.

b. All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any supplemental materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this Competition, and have waived any applicable moral rights in such materials in favor of Entrant. The Judged Materials and supplemental materials are referred to herein collectively as the “Creative Materials.”

c. The use of Creative Materials as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If an Entrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Station reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignments or waivers required herein.

d. Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.

e. Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade names, logos or the intellectual property of any third parties. Entrant names and Creative Materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification. Entrant names and Creative Materials must be in keeping with Station’s positive image. Without limitation, Creative Materials that are deemed by Station, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Station in a negative fashion, may be disqualified. THIS REQUIREMENT IS STRICTLY ENFORCED. NO PROFANITY MAY APPEAR IN OR BE HEARD ON ANY CREATIVE MATERIALS.

f. Station reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Station believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the Registration Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.

8. Use/Ownership. With respect to the use and ownership of all Judged Materials, each Entrant acknowledges and agrees as follows

a. The rights of each Entrant and Station shall be established by the terms of these Official Rules and by the contents of any releases entered into as required by these Official Rules.

b. Except to the extent prohibited by law, by participating in the Competition, each Entrant agrees that Station and its designees may use, publish, videotape, broadcast, distribute and display all elements of Entrant’s Judged Materials during the Competition and thereafter, as well as each Entrant’s name, biographical information (including hometown and state), statements, voice, photographs and other likeness, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, solely in connection with advertising, promoting and conducting this Competition, without notification and without compensation of any kind to any Solo Artist or Band member or any third party. Station reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop, distribute and otherwise use the Judged Materials and any other videos and recordings made of the Entrant’s performances during the Competition in connection with advertising, promoting and conducting this Competition, the Stations and Station in any media now known or hereinafter created.

c. Station does not undertake to consider the Judged Materials in confidence and Station has not made any prior inducements, promises or representations to the Entrants regarding the Judged Materials other than as set forth in the Official Rules.

d. Participation by each Entrant in this Competition, and the accompanying submission of each Entrant’s Judged Materials to Station, shall in no way limit or restrict Station's rights with respect to, or the use of, Judged Materials submitted by other Entrants, or otherwise developed, created or used by Station, both prior to and after the submission of each Entrant’s Judged Materials herein, and Station shall have no obligation to any Entrant with respect to such other Judged Materials. Accordingly, each Entrant acknowledges that Station’s use of other material containing elements similar to or identical with those contained in Entrant’s Judged Materials shall not entitle the competing Entrant to any compensation if Station has an independent right to use such other materials.

9. Entry Conditions and Release. By entering the Competition, each Entrant agrees: (a) to comply with and be bound by these Official Rules and Station’s decisions, which are binding and final in all matters relating to this Competition; (b) to release and hold harmless Station, Cumulus Media New Holdings, Inc., and all of its subsidiary companies, their respective advertising or promotion agencies, all Competition judges, related and affiliated companies, participating Stations, the prize suppliers and any other organizations responsible for Stationing, fulfilling, administering, advertising or promoting the Competition, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to Entrant’s participation in the Competition and/or Entrant’s acceptance, use, non-use or misuse of the prize.

10. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. The Released Parties are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Registration Materials or Competition Submissions whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications or other types of malfunctions or interferences, and/or for online votes not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Competition, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Competition, the collection and processing of the Judged Materials, and/or the judging of the Competition, the announcement of a Grand Prize or in any Competition-related materials. Station may prohibit an Entrant from participating in the Competition or winning a Grand Prize if, in its sole and absolute discretion, it determines that Entrant, or anyone acting in concert therewith, is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or unfair voting practices, or intending to annoy, abuse, threaten or harass any other entrants or Station’s representatives. If for any reason any portion of this Competition is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Station or its agents, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, then Station reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Competition. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANYONE ELSE TO DELIBERATELY DAMAGE ANY COMPETITION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION

11. Publicity. Except where prohibited, participation in the Competition constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.

12. Taxes. 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.

13. General Conditions. Station reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

14. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.

15. Entrant’s Personal Information. Information collected from entrants is subject to Station’s Privacy Policy, which is available on the Station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained therein, shall become the sole property of Station to be used, disposed of or destroyed in its sole discretion. Station is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to Station’s website.

16. Competition Results. A winners list may be obtained within thirty (30) days after the Competition Period expires by sending a self-addressed stamped envelope to the Station identified below.

COMPETITION STATION: Cumulus Broadcasting, LLC WXFX, 1 Commerce Street, Suite 300, Montgomery, AL 36104: Attn: NeXt2rock 2019 Competition.