OFFICIAL The Horn 104.9 CONTEST RULES
By participating in a contest on The Horn 104.9 and/or its’ website or social media accounts, entrants agree to the specific rules, terms and conditions provided for that particular contest as stated, either in addition to or in place of the Official General Contest Rules given here.
ELIGIBILITY AND ODDS OF WINNING:
No purchases necessary to enter. Purchase will not improve chances of winning. Odds of winning will vary depending on number of participants. All participants must be at least 18 years of age and a legal U.S. resident. Employees of The Horn 104.9, Total Austin Sport Radio LLC, affiliates, subsidiaries, and successor companies, contest sponsors, advertising and promotion agencies, contest prize suppliers, participating advertisers and immediate family members of anyone so situated are not eligible. Employees of any other radio station, television station and/or newspaper and immediate family members of those so situated are not eligible. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not related. Previous employees of the station are not eligible for 13 months after their termination or departure from the company.
If minors are permitted to participate in the contest, a parent or guardian of any participant who is a minor at the time of entry must sign a release on behalf of the minor to be eligible to receive a prize, and The Horn 104.9 reserves the right to refuse to award a prize to or on behalf of a minor.
HOW TO ENTER:
All on-air contests will be given away in the manner in which specified by the on-air personality or other specific contest rules. This may include being instructed to call 512-447-ESPN (3776) and being the ‘nth’ caller or through another form of on-air giveaway. If contest allows for ‘entries’ then Except as otherwise provided in specific contest rules, entries may be submitted by telephone call, text message, fax, postal mail, email.. Contest entries must include entrant's name, address, daytime telephone numbers and date of birth. All contest entries become the property of The Horn 104.9 and station may use any of the entries for any purpose whatsoever, without further compensation to the entrant.
RESTRICTIONS AND LIMITATION OF LIABILITY:
One entry per person. One winner, per any household. Potential winner is not limited in the number of times that person may ‘win’ a prize on The Horn 104.9. Void where prohibited by law. KTXX-FM / The Horn 104.9 reserves the right to cancel, terminate or modify the contest if it is not capable of completion as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any kind. The decision of 104.9 The Horn is final. All federal, state and local laws and regulations apply. The Horn 104.9, Total Austin Sports Radio, LLC, their subsidiaries and affiliates, their officers, directors, agents, insurers, and employees, and their advertising and promotional agencies and sponsors assume no responsibility or liability whatsoever for damages, loss or injury resulting from participating in any contest or acceptance or use of any prize. In consideration of participation in a contest, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Entrant, on Entrant’s behalf, and on behalf of Entrant’s heirs, successors or assigns, administrators and personal representatives, does hereby COVENANT NOT TO SUE, FULLY RELEASE AND FOREVER DISCHARGE (i) The Horn 104.9, Total Austin Sport Radio LLC and each of their respective direct and indirect subsidiaries, affiliates, partners and related entities, (iv) each of their respective directors, officers, employees, agents, insurers, attorneys and representatives, and (v) each predecessor, successor, and assign thereof, from and against any and all actions, charges, claims, losses, costs, damages, expenses (including attorneys’ fees and expenses) and liabilities of any kind or character, whether known or unknown, in connection with, arising out of or in any way related to Entrant’s participation in any contest. If total cash prize value for the winner exceeds $599.99 for one fiscal year, the winner will be sent a 1099 form at the beginning of said year for U.S. Government tax purposes.
a. Telephone Entries. If a contest accepts telephone entries The Horn 104.9 and sponsors are not responsible for the inability of caller to complete the call during the call-in portion of the contest whether due to telephone equipment malfunctions; disconnections; busy lines; faulty, mistranscribed, misdirected, or misdialed telephone communications; or other circumstances. Only calls to the designated telephone number will be eligible to win.
b. Fax and Mail Entries. If a contest accepts fax or mail entries (postal or electronic), The Horn 104.9 and its’ sponsors are not responsible for the late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries for any reason, including electronic or computer malfunctions that may affect the delivery or content of the entry, nor are they liable for any injury or damage to entrant’s or any other person’s computer or hardware related to or resulting from participating in or downloading any information necessary to participate in the contest.
c. Web Site Entries. In the event a contest accepts website entries, participants must accurately complete all required fields or entry will be deemed invalid. The Horn 104.9 and its’ sponsors shall have no liability for any malfunction of the Internet, The Horn 104.9 website or any other computer-related processor system. The Horn 104.9 is not responsible for any prize offered or any aspect of any contest appearing on an advertiser’s web banner or hyperlink located on The Horn 104.9 website (http://espnaustin.com/).
Prizes are specified within the contest. Prizes are non-transferable and non-exchangeable. No substitution or cash equivalent will be made. The Horn 104.9 reserves the right to substitute a prize of equal or greater value if the awarded prize in unavailable for any reason. If tickets to a performance are awarded as a prize, The Horn 104.9 is not responsible for any cancellation or rescheduling of the performance for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the performance not be rescheduled or vouchers not issued. Furthermore, The Horn 104.9 is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.
HOW TO CLAIM PRIZE:
Winners will be selected as described in the specific rules of each contest. Winners agree to appear at The Horn 104.9 studios to claim the prize, unless alternate arrangements are made or outlined in each contests specific rule. The Horn 104.9 address is 912 South Capital of Texas HWY, STE 400, Austin Texas 78746 and prizes may only be claimed between the hours of 8:30am and 5:30pm Monday through Friday. In the event that a prize is mailed to the winner, pursuant to winner’s prior consent, winner assumes the risk of the prize’s safe arrival. Winners must provide proof of age, photo identification and a valid taxpayer identification number or social security number before any prize will be awarded. The only accepted types of photo identification are government issued photo identifications, including a valid driver’s license or United States passport. The Horn 104.9 reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in The Horn 104.9 has sole discretion. In addition, winners may be asked to execute an affidavit of eligibility, indemnification and release of liability before any prize is awarded. If the prize is travel tickets, travel partners, if any, must meet age eligibility requirements and may also be asked to execute an affidavit of eligibility, indemnification and release of liability prior to awarding the prize. Failure to execute any of these documents or comply with any of the terms will result in forfeiture of the prize. Winners have thirty (30) days from the date their name is first announced on the air, or by other disclosed mode of public dissemination, or the day of contact that prize(s) have arrived and are now available to claim and pick up their prize. Failure to claim and pick up prize within this time for any reason will result in forfeiture of the prize The Horn 104.9 reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes. All federal, state and local laws and regulations apply. All federal, state and local taxes (including any sales taxes) are the sole responsibility of the winner. Prior to the delivery of any prize, The Horn 104.9 reserves the right to collect from the winner any taxes it deems appropriate. Any person winning over $600 in total cash and/or prizes during any one calendar year period will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. Any additional costs relating to the prizes and incurred as a result of accepting the prizes, is the sole responsibility of the winner.
DISQUALIFICATION AND PENALTIES:
All participants agree to be bound by these rules. The Horn 104.9, in its sole discretion, further reserves the right to disqualify any person for (i) violating any of these rules, (ii) tampering with the entry process or the operation of the The Horn 104.9 website, (iii) gaining an unfair advantage in participating in the contest, (iv) obtaining winner status using fraudulent means, or (v) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior. Furthermore, any resale or auction or attempt to resell or auction of The Horn 104.9 complimentary prizes, if any, will result in disqualification for all future Total Austin Sports Radio, LLC contests. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, The Horn 104.9 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Unless prohibited by law, participation constitutes permission for The Horn 104.9, Total Austin Sports Radio, LLC and contest sponsors, without any further obligation to the contest participant, to use participant’s name, voice, biographical data and likeness for promotional purposes.
ADDITIONAL TERMS AND CONDITIONS:
These rules apply to all The Horn 104.9 sponsored contests unless modified or superseded by rules written for a specific contest, or if inapplicable for such a promotion or contest. In the event any specific contest rule conflicts with any of the general rules provided above, the specific contest rules prevail. The Horn 104.9 reserves the right in its sole discretion to supplement or make changes to the rules of any contest at any time without notice. The Horn 104.9 reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants. The Horn 104.9 shall not be responsible for any administrative errors involved in the execution of any contest. Copies of the Official Rules for any contest may also be attained by sending a self-addressed stamped envelope with the identity of the contest inquiry to: The Horn 104.9 Contest Rules, 912 South Capital of Texas HWY, STE 400, Austin, Texas 78746.