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®
“Temptation: Confessions of a Marriage Counselor” PROMOTION
1. PROMOTION OVERVIEW.
1A. Promotion Concept. Listeners will send a text message reading “TEMPT ME” to OH-OH-OH (646464) in order to be entered to win a DVD or a Blu-Ray Disk.
1B. Promotion Period. The Tom Joyner Morning Show® “Temptation: Confessions of a Marriage Counselor” Promotion (the “Promotion”) shall begin at 5:00 AM Central Time (“CT”) on Monday, July 1, 2013 (“Inception”) and ends at 11:59 PM CT on Sunday, July 14, 2013 (“Promotion Period”) unless otherwise extended or terminated by Administrator.
1C. Sponsor. The Promotion is sponsored by Reach Media, Inc. (“Sponsor”). Lionsgate Films Inc. (“Prize Provider”) 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 Administrator 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 Administrator, Prize Provider, 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 PROMOTION. Participants in the Promotion (each a “Participant”) may enter the Promotion by using their mobile device to send a text message reading “TEMPT ME” to OH-OH-OH (646464) during the Promoting Period (each an “Entry” and collectively, the “Entries”). A maximum of one (1) Entry per person is permitted. Entries to the Promotion will be deemed submitted by the authorized account holder of the phone number through which the entry was submitted. Illegible, late, lost, incomplete or garbled entries are not eligible. Standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Participation in this Promotion means that you understand that you may receive additional messages by mobile device relating to this Promotion, including notifying you if you are the winner, which may be subject to charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Entrants should check mobile device’s capabilities for specific instructions.
4. SELECTION OF PRIZE WINNER(S). On or around Monday, July 15, 2013, Administrator will randomly select Twenty-Five (25) Winners from the pool of all eligible Entries received during the Promotion Period. Should a Prize Winner not be validated, an alternate may be selected by Administrator.
5. PRIZE(S). Twenty-Five (25) Prizes are available in the Promotion. The Prizes consists of: (i) five (5) Blu-Ray Disks and (ii) Twenty (20) DVD’s. The approximate retail value of all (25) prizes (“ARV”) is $750.
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, July 15, 2013) send a self-addressed, stamped envelope to “Temptation: Confessions of a Marriage Counselor” Promotion, c/o Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. Request must be received no later than Wednesday, May 29, 2013. Vermont residents may omit postage for Official Rules requests. These Official Rules are also available online at http://www.BlackAmericaWeb.com.
GENERAL PROMOTION RULES
ADMINISTRATOR AND PROMOTIONAL ENTITIES. The “Administrator” and “Sponsor” for the Promotion is Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. The “Promotional Entities” are, collectively, the Administrator, the Sponsor, the Prize Provider, 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.
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 the right to use such in accordance with the “Use of Name and Likeness” paragraph.
TEXT, AUDIO and VIDEO SUBMISSIONS. If the Promotion provides for written, 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 Participant who enters this Promotion 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, violent, derogatory, obscene, libelous or contain any hate speech. 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.
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 according to these Official Rules, (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 or as otherwise directed by Administrator; 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.
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 directed by Administrator) 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 deemed necessary by Administrator 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. 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 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.
Trip Limitations. Travel must be round trip. Administrator or Prize Provider will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Administrator or Prize Provider’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, guests must be at least eighteen (18) years of age or the age of majority in her/her state as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel restrictions, conditions and limitations may apply. Airline carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these after booking will be at the sole expense of the Winner; certain restrictions and blackout dates may apply. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Trip must be taken on dates and at times determined by Administrator or Prize Provider (which are subject to change) in its sole discretion or prize will be forfeited and may be awarded to an alternate winner, if time permits. The Winner understands and agrees that Administrator and/or Prize Provider have the right, at their sole discretion, to disqualify and remove the Winner or his or her guest from any activity at any time without compensation if the Winner’s or his or her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of the Administrator or Prize Provider, and in such a case, Winner will still be solely responsible for all taxes and other expenses relating to the prize. Winner and guest must travel together on the same itinerary and be responsible for obtaining all required travel documents. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that neither Administrator nor Prize Provider has or will obtain or provide travel insurance or any other form of insurance. If any segment of the trip is outside the United States, winner and guest(s) are required to hold valid passports. Unless otherwise noted, prizes that include air transportation are subject to the following limitations: (i) if hotel accommodations are provided and the winner or guest(s) live within a 150-mile radius of the hotel selected by Prize Provider, winner or guest(s) will not receive the air transportation portion of the prize, the prize package will consist of all other remaining elements and no difference in ARV will be awarded; (ii) all air transportation is to and from a major airport in the continental United States; and (iii) if prize is provided by a carrier, the air transportation is limited to those airports served by such carrier. Each winner will be responsible for all gratuities, meals, ground transportation and any other incidental costs or expenses not identified in these Official Rules. Should a trip or event be canceled due to force majeure, the prize will be canceled and no substitute or cash equivalent will be awarded. Winners and guest(s) are encouraged to secure trip interruption/cancelation insurance at their expense.
Game/Event Ticket Limitations. If provided in the prize, all game or event tickets are subject to standard rain check policies and procedures. Each winner agrees that game and event tickets are awarded pursuant to a revocable, nontransferable license personal to that applicable winner. Winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate or otherwise convey any game or event ticket received as a prize. A violation of these restrictions shall revoke the winner’s license, and the game and/or event tickets will not be honored.
No Warranties on Prizes: The Promotion 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 PROMOTION 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.
RELEASES. All Participants (entrants and winners), by participating in the Promotion, agree that Promotional Entities and the Intermediaries 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 Promotional Entities, nor Intermediaries, 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.
GRANT of RIGHTS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Participant 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 Entry 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 Entry for any purpose which the Promotional Entities deem necessary or desirable, and Participant 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. Promotional Entities shall retain the rights granted in the Entry even if the Entry is disqualified. If Promotional Entities shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Promotional Entities may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Participant agrees to sign the same upon Promotional Entities’ 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. Participant hereby acknowledges and agrees that the relationship between the Participant and the Promotional Entities is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to provide the Entry to the Promotional Entities 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 Entry. Participant 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. Participant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of any Promotional Entity’s use of any such similar or identical material. Participant 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 Entry. Finally, Participant acknowledges that, with respect to any claim by Participant relating to or arising out of a Promotional Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the Participant will not be irreparable or otherwise sufficient to entitle Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry or any other production based on or allegedly based on the Entry, and Participant’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 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.