NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER U.S. TERRITORIES AND WHERE PROHIBITED BY LAW.
REACH MEDIA, INC.
TOM JOYNER MORNING SHOW®
TYLER PERRY’S A MADEA CHRISTMAS
DETAILED PROMOTION RULES
1. PROMOTION OVERVIEW.
1A. Promotion Concept. Listeners will be invited via on-air radio announcements and promotional positions through the “Tyler Perry’s A Madea Christmas” portal on BlackAmericaWeb.com to call the phone number 1-800-JOYNER2 and provide a detailed explanation (each, a “Submission”) as to why a certain place of worship (“Place of Worship”) deserves to be entered for a chance to win a cash donation. Additionally, the person who nominated the winning Place of Worship will receive a catered holiday meal for fifty (50) people.
1B. Promotion Period. The “Tyler Perry’s A Madea Christmas” Promotion (the “Promotion”) shall begin at 5:00 AM CT on Monday, November 25, 2013 and ends at 11:59 PM CT on Sunday, December 15, 2013 (“Promotion Period”) unless otherwise extended or terminated by Administrator.
1C. Sponsor. Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240 (“Sponsor”). Lions Gate Films Inc. (“Lions Gate”) is not responsible for the collection, submission and processing of Submissions, the administration of the Promotion, or the selection of winners.
2. ELIGIBILITY. The Promotion is open only to legal residents of the fifty (50) United States (“U.S.”) and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. The Promotion is void in Puerto Rico, overseas military installations and other U.S. territories, and where prohibited by law. Members of a Household (defined below) that have won any other prize from Sponsor within sixty (60) days of entry are not eligible. Only one (1) prize per household is allowed. Any prize won by the same individual, or by different individuals in the same Household (defined below), beyond the first will be forfeited. “Household” shall include: (i) persons living at the same street address, either full or part time, whether or not such individuals are legally related and (ii) persons living at different street addresses that are related by birth or marriage. For clarification, if Promotion provides for multiple prizes, the winning of any one prize precludes the winning of any other. Employees, officers, members, directors and agents of Sponsor, Lions Gate, The Tom Joyner Morning Show®, and affiliate radio stations of The Tom Joyner Morning Show® and each of their respective parents, subsidiaries, affiliated companies, promotional partners, and their advertising and promotional agencies (collectively “Promotional Entities”) and their immediate family members (spouse, domestic partner, parent, child, sibling and their respective spouses), regardless of where they reside; and those living in their same Households (whether or not related) are not eligible to enter.
3. HOW TO ENTER THE PROMOTION. Participants may enter the Promotion by calling the phone number 1-800-JOYNER2 and providing a detailed explanation as to why a certain Place of Worship deserves to be entered for a chance to win a cash donation, along with their personal contact information, an acknowledgement of having read these Official Rules, and an agreement to abide by the same (each, an “Entry”). A maximum of one (1) Entry per person is permitted. Illegible, late, lost, incomplete or garbled Entries are not eligible.
4. SELECTION OF WINNING ENTRY. On Monday, December 16, 2013, one (1) winning entry (“Winning Submission”) will be randomly selected by the Sponsor from the pool of all eligible entries received during the Promotion Period. Should the Winning Submission, including information about or concerning the applicable Place of Worship, not be validated, an alternate Winning Submission may be selected by Sponsor. Up to three (3) alternates may be selected.
5. PRIZE(S). One (1) Grand Prize is available in the Promotion. The Grand Prize consists of: (i) one (1) donation in the amount of four thousand dollars ($4,000) to the Place of Worship described in the Winning Submission; and (ii) the entrant who submitted the Winning Submission (the “Grand Prize Winner”) will receive one (1) catered holiday meal for fifty (50) people (the Grand Prize Winner and forty-nine  guests) at the Place of Worship described in the Winning Submission. The specific date, time and location of the holiday meal shall be determined at the sole discretion of Sponsor and/or its designee, but is anticipated to be on or around December 22, 2013. Total approximate retail value (“ARV”) of the holiday meal is $1,000. The total ARV of all Promotion prizes is $5,000. If the Grand Prize Winner is not able to attend the holiday meal on the scheduled date, he or she can decline the prize. In the event that the Grand Prize Winner is a minor, the holiday meal will be awarded in the name of the Grand Prize Winner’s parent or legal guardian, who is also required to accompany the minor as a holiday meal guest. The Grand Prize Winner and guests must comply with the Place of Worship’s rules of conduct imposed as part of the holiday meal experience.
6. RULES. The General Promotion Rules (as detailed below) are part of these Official Rules. Should the Detailed Promotion Rules conflict, the Detailed Promotion Rules shall prevail.
7. COPY OF RULES AND LIST OF WINNERS. For a copy of these Official Rules or any legally required List of Winners (available after Monday, December 15, 2013 send a self-addressed, stamped envelope to “Tyler Perry’s A Madea Christmas” Promotion, c/o Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. Request must be received no later than Wednesday, January 15, 2014. These Official Rules are also available online at www.BlackAmericaWeb.com.
GENERAL PROMOTION RULES
PROMOTIONAL ENTITIES. The “Promotional Entities” are, collectively, the officers, directors and employees of the Sponsor, Lions Gate, The Tom Joyner Morning Show®, and affiliate radio stations of The Tom Joyner Morning Show® and each of their respective parents, subsidiaries, affiliated companies, promotional partners, and their advertising and promotional agencies.
INTERMEDIARIES. This Promotion may be conducted in association with various intermediaries (the “Intermediaries”) such as Facebook, MySpace, Twitter, etc. If Intermediaries are involved, they are not sponsoring, endorsing, or administering the Promotion unless otherwise indicated in the Detailed Promotion Rules. Additionally, information provided by participants is being provided to the Promotional Entities and not to the Intermediaries.
PROMOTION CHANGES. Sponsor reserves the right to make changes to these Official Rules at its sole discretion at any time without notice.
ENTRY SUBMISSIONS. Once submitted, a Submission cannot be deleted, canceled, or modified. Submissions that are incomplete or illegible are void and will not be accepted for entry. All Submission become the property of Sponsor and will not be acknowledged or returned. Entrants attempting to use automated entry mechanisms or artifices will have their Entries voided and may be disqualified from all promotions operated by Promotional Entities.
REPRESENTATIONS AND WARRANTIES. Each participant who enters this Promotion represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory, violent, derogatory, obscene, libelous or include any hate speech. Each entrant hereby agrees to indemnify and hold the Promotional Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
OFFICIAL WINNER VALIDATION. In order for a potential Grand Prize Winner to become an official Grand Prize Winner, Sponsor must verify: (i) that the entrant and the applicable Place of Worship were eligible to enter (or be entered into) the Promotion according to these Official Rules, (ii) that the potential Grand Prize Winner and the applicable Place of Worship were eligible to win the Promotion according to these Official Rules, and (iii) that the potential winner and the applicable Place of Worship completed and returned any required documentation (as specified below). Unless otherwise specified in these Official Rules or the winner notification/verification package sent to the potential Grand Prize Winner and the Place of Worship, any and all documentation must be returned within ten (10) days of receipt or as otherwise directed by Sponsor; otherwise, the potential Grand Prize Winner shall be disqualified. Prize(s) will be awarded to a potential Grand Prize Winner and the applicable Place of Worship only after validation, which shall be determined by the Sponsor, in its sole discretion and whose decisions shall be deemed final. A potential Grand Prize Winner and/or the applicable Place of Worship may decline a prize by notifying the Sponsor or by not returning the required documentation in the specified time. In the event any Grand Prize Winner and/or the applicable Place of Worship is found to be in violation of these Official Rules, they will be required to forfeit prize or to reimburse the Sponsor or its designee for the stated value of the Grand Prize (or any portion thereof) if such violation is found after the Grand Prize (or any portion thereof) has been used by the Grand Prize Winner and/or the applicable Place of Worship. Unless otherwise specified in these Official Rules, should a potential Grand Prize Winner and/or the applicable Place of Worship not be validated, an alternate winner will not be selected.
MINORS. Should a minor be selected as a potential Grand Prize Winner, the minor’s custodial parent shall instead be considered the potential Grand Prize Winner and must meet all the requirements to become an official Grand Prize Winner.
GENERAL REQUIREMENTS. Potential Grand Prize Winners and/or the applicable Place of Worship may be required to complete, execute, and return a documentation package within ten (10) business days (or such period as directed by Sponsor) sent to potential winners prior to the acceptance of the prize. Such documentation package may include an affidavit of eligibility, a liability release, where imposing such condition is legal, a publicity release, an IRS Form W‑9, a non‑disclosure agreement, and such other documents as deemed necessary by Sponsor or its designee in their sole discretion. Some documents may require that the potential winner’s signature be notarized. Appropriate identification (including proof of U.S. residency) is required for all prizes. Failure to return complete and accurate documents in a timely manner, noncompliance with these Official Rules or return of a prize notification as non-deliverable, will result in forfeiture of the applicable prize.
Odds of Winning. Unless stated otherwise, odds of winning depend upon the number of eligible entries received during the Promotion Period. Purchase of any products or services from Promotional Entities will not improve odds of winning.
Limitations on Prizes. No more than the number of prizes stated herein will be awarded and Sponsor reserves the right not to award all prizes. Sponsor reserves the right to substitute a prize of comparable or greater value in its sole discretion. All prize details are at Sponsor’s sole discretion. Awarded prizes are only as detailed above and are not transferable or assignable. The Grand Prize Winner and the applicable Place of Worship may not substitute prizes. If multiple prizes are available, but of a different nature, such prizes shall be awarded in an order defined by the Sponsor in advance.
Taxes on Prizes. Grand Prize Winner and/or the Place of Worship may be issued an IRS Form 1099. All federal, state and local taxes, and all other costs or expenses associated with the acceptance and/or use of a prize, not specified herein as being awarded, are the sole responsibility of the Grand Prize Winner.
Forfeited Prizes. Prizes that are unclaimed, undeliverable, or for which the potential Grand Prize Winner and/or the applicable Place of Worship have been disqualified (including in the event the potential Grand Prize Winner and/or the applicable Place of Worship did not return their documentation as required) will not be awarded unless another disposition is specifically identified in these Official Rules.
RELEASES. All entrants, by participating in this Promotion, agree that the Promotional Entities, the Intermediaries (if applicable) and each of their respective officers, directors, employees, independent contractors, salespeople, representatives and agents (collectively, the “Releasees”) are released from all liability whatsoever, and will be held harmless by participant, from and against and all claims, actions and/or liability for injuries, losses or damages of any kind to person, including without limitation, death and property, resulting in whole or in part, directly or indirectly from the acceptance, possession, use or misuse of the prize, participation in a Promotion-related activity, or participation in this Promotion. Participants acknowledge that the Promotional Entities and the Intermediaries (if applicable), have neither made, nor are in any manner responsible for, any warranty, representation (including but not limited to, the correctness or accuracy of information posted on BlackAmericaWeb.com) or guarantee, express or implied, in fact or in law, relative to the Promotion. The Promotional Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTIONAL ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GRANT OF RIGHTS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Promotion hereby irrevocably grants the Promotional Entities, their successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. The Promotional Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Promotional Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. The Promotional Entities shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
LIMITS OF LIABILITY. Releasees assume no responsibility and disclaim all liability for any lost, late, incomplete, inaccurate, stolen, misdirected, delayed, mis-delivered or undelivered item sent by mail, courier, express, electronic transmission, or other delivery method. Lost prizes will not be resent. The Releasees are not responsible for any incorrect or inaccurate entry information, whether caused by any of the equipment associated with or utilized in the Promotion, and the Releasees assume no responsibility for any error, omission, interruption, defect, failure, malfunction or delay in operation or transmission or any problems or issues related to the Internet related to the Promotion, or for any damage to participant’s or any third party’s phone lines, telephone systems wireless phone/handset or other device, problem or issues with cellular equipment towers, telephone systems or wireless services, Internet or for theft or destruction, tampering, or unauthorized access to entry information, or for entries, submissions which are late, delayed, misdirected, inaccurate, incomplete or, inaudible, disconnected (or any combination thereof) or in any other media for form, print or otherwise, or for preemption or cancellation of radio program, errors related to technical, network, typographical, Internet nomination, human or other errors or problems relating to or in connection with the Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the acceptance of the nomination forms, the announcement of prizes or in any Promotion‑related materials. If, for any reason, the Promotion is not capable of running as planned by reason of tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Administrator, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion (or any portion thereof). Any attempt to defraud Promotional Entities, in any way, will result in disqualification of participant, and such participant will be prosecuted to the fullest extent of the law. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION.
NATURE OF RELATIONSHIP AND WAIVER OF INJUNCTIVE RELIEF. Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotional Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Promotion does not place the Promotional Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotional Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotional Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotional Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotional Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the motion picture currently entitled “Tyler Perry’s A Madea Christmas” or any other production related to the Submission, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
TRADEMARKS AND SERVICE MARKS. Any trademarks used in this Promotion are the property of the respective trademark owners and are used for identification purposes only.
OTHER RULES AND CONDITIONS. Unless otherwise specifically noted, all times in these Official Rules refer to Central Time. All headings contained in these Rules are for reference purposes only and shall not be deemed to limit, cover, or in any way affect the scope or meaning of these Official Rules or any part thereof.
GOVERNING LAW AND VENUE. All participants (entrants and winners) agree to: (a) be bound by these Official Rules; (b) acknowledge that they agree that the laws of the State of Texas shall govern this Promotion, without respect to the Conflict of Law Doctrines; and (c) submit any disputes or conflicts to the courts of competent jurisdiction in Dallas, Dallas County, Texas.
Motion Picture Artwork © 2013 Lions Gate Entertainment Inc. All Rights Reserved