James Fortune Show Generic Promotion Rules

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  • NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, 18 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER US TERRITORIES AND WHERE PROHIBITED BY LAW.

    REACH MEDIA, INC.

    JAMES FORTUNE RADIO SHOW®

     

    These General Promotion Rules do not stand alone.

    Refer to the specific promotion for their Detailed Promotion Rules.

    If there is a conflict between the Detailed Promotion Rules and

    these General Promotion Rules, the Detailed Promotion Rules prevail.

    GENERAL PROMOTION RULES

                ADMINISTRATOR AND PROMOTIONAL ENTITIES. The “Administrator” for the Promotion is Reach Media, Inc. (“RMI”), 13760 Noel Road, Suite 750, Dallas, Texas 75240. The Sponsor is as defined under the “Detailed Promotional Rules or, if undefined, is the advertising sponsor that initiated the contest. The “Promotional Entities” are, collectively, the Administrator, the Sponsor, the Prize Provider, The Tom Joyner Morning Show®, and affiliate radio stations of  the James Fortune Radio Show® and each of their respective parents, subsidiaries, affiliated companies, promotional partners, and their advertising and promotional agencies.

    1. 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. Administrator reserves the right to make changes in the rules of the Promotion at its sole discretion at any time without notice.

    ENTRY SUBMISSIONS. Once submitted, an entry cannot be deleted, canceled, or modified. Entries that are incomplete or illegible are void and will not be accepted for entry. All entries become the property of Administrator and/or 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. Should there be any proprietary rights (e.g., copyrights, patents, trademarks, service marks, trade secrets, etc.) in the information or content of the entry, Entrant represents that they either own the rights or have obtained the rights and are freely granting the Promotional Entities such rights in accordance with the “Use of Name and Likeness” paragraph.

    AUDIO and VIDEO SUBMISSIONS. If the Promotion provides for audio and/or video submissions, unless otherwise specified, such submissions must meet the criteria in this paragraph. Submissions via upload shall be limited to formats accepted by the website. Submissions via CD or DVD should be in one of the following file formats: video clip (.avi), Windows® Media Audio/Video file (.wmv), or QuickTime® Video Clip (.mov). For video submissions, dimensions should be 648 x 480 pixels. If submitting on CD, media should be CD-R. If submitting on DVD, media should be DVD+R, DVD-R, or DVD+/-R. Submissions in other file formats, video dimensions, or media may be accepted at Administrator’s sole discretion. Submissions may not contain pornographic, obscene, or defamatory material; material that would be objectionable to the Tom Joyner Morning Show® or BlackAmericaWeb.com communities; nor be excessive in length of time, nor file size. Mailed media may only contain a single audio or video. Entries not meeting these requirements are void. In addition to other things, the rights granted to Promotional Entities includes, but is not limited to, the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted entry.

                REPRESENTATIONS and WARRANTIES. Each Participants represents and warrants as follows: (i) the Entry is the Participant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Participant, and as of the date of entry, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Participant 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.

    GENERAL ELIGIBILITY RESTRICTIONS. This Promotion is subject to all federal, state and local laws and regulations. Unless otherwise defined in the Detailed Rules, this Promotion is offered and open only to legal U.S. residents of the 50 United States and the District of Columbia, eighteen (18) years of age or older. Promotion is void in Puerto Rico and where prohibited by law. In any sixty (60) day period, only one (1) prize per household is allowed. Any prize won by the same individual, or by different individuals in the same household, 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, directors and agents of the Promotional Entities; 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.

    OFFICIAL WINNER VALIDATION. In order for a potential winner to become an official winner, the Administrator must verify: (i) that the entrant was eligible to enter, (ii) that the potential winner was eligible to win the Promotion, and (iii) that the potential winner completed and returned any required documentation (as specified under “General Requirements to be Official Winner”). Unless otherwise specified in the Promotion or the documentation package sent to the potential winner, documentation must be returned within ten (10) days of receipt; otherwise, the potential winner is disqualified. Prize(s) will be awarded to potential winners only after validation, which shall be determined by the Administrator, in its sole discretion and which shall be deemed final. A potential winner may decline a prize by notifying the Administrator or by not returning the required documentation in the specified time. In the event any winner is found to be in violation of these Official Rules, they will be required to forfeit prize or to reimburse the Prize Provider for the stated value of a prize if such violation is found after the prize has been used by winner. Unless otherwise specified in the Promotion, should a potential winner not be validated, an alternate winner will not be selected.

    1. Should a minor be selected as a potential winner, the minor’s custodial parent shall instead be considered the potential winner and meet all the requirements to become an official winner.

    GENERAL REQUIREMENTS to be OFFICIAL WINNER. Potential winners may be required to complete, execute, and return a documentation package within ten (10) business days (or such period as specified in the Detailed Promotional Rules) sent to potential winners prior to the acceptance of the prize. Such documentation package may include an affidavit of eligibility, a liability release, a publicity release, an IRS Form W‑9, a non‑disclosure agreement, and such other documents as necessary. 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.

    PRIZES.

    Odds of Winning. Unless stated otherwise, odds of winning depend upon the number of eligible entries received. Purchase of any products or services from Promotional Entities will not improve odds of winning.

    Approximate Retail Value. The approximate retail value (“ARV”) of prizes shall be determined in advance of awarding the prize.

                Limitations on Prizes.No more than the number of prizes stated herein will be awarded and Administrator and Prize Provider reserve the right not to award all prizes. Administrator and Prize Provider reserve the right to substitute a prize of comparable or greater value in their sole discretion. All prize details are at Administrator’s sole discretion. Awarded prizes are only as detailed above and are not transferable or assignable. The Winner 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 Administrator in advance. Unless otherwise specified by Administrator, all prizes will be mailed to the winner via U.S. mail, at the address provided by winner, and Releasees assume no liability for late, lost, damaged or misdirected prizes.

    Taxes on Prizes. Winners 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 Winners.

    Forfeited Prizes. Prizes that are unclaimed, undeliverable, for which the potential winner has been disqualified, or for which the potential winner did not return their documentation as required will not be awarded unless another disposition is specifically identified in these Official Rules.

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