A complete copy of these rules can be obtained at the offices of radio station KQRS (“Station”), owned and operated by Minneapolis Radio Assets, LLC or one of its subsidiary companies, 2000 SE Elm Street, Minneapolis, MN 55414, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the KQRS’ “T-Mobile Drive-Thru” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
Eligibility. This Contest is open only to legal U.S. residents, age twenty-one (21) years or older at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, who have not won a prize from the Station in the last 60 days or a prize valued at $500 or more in the last 90 days, and whose immediate family members or household members have not won a prize from the Station in the last 60 days or a prize valued at $500 or more in the last 90 days. Void where prohibited by law. Employees of Cumulus Media, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest 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 Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. A PERSON, HOUSEHOLD OR IMMEDIATE FAMILY MEMBER MAY ONLY WIN ONE (1) REMOTE PRIZE DURING THIS CONTEST PERIOD. ONCE A PERSON WINS IN A HOUSEHOLD OR IMMEDIATE FAMILY, THEN THAT PERSON ALONG WITH ANY IMMEDIATE FAMILY MEMBER OR HOUSEHOLD IS INELIGIBLE TO PLAY IN THIS CONTEST.
2. Contest Period. The Contest will begin on September 10, 2020 and will run through September 24, 2020 (the “Contest Period”). The Station’s computer is the official time keeping device for this Contest.
3. How to Enter. You will automatically be entered into the Contest once you complete the following:
(i) Remote Broadcast: Attend a remote broadcast conducted by that Station (details below regarding times and locations and if you are one (1) of the first ninety-two (92) people to arrive, you will receive a free KQRS coffee mug. To enter to win additional prizes, the station will have a QR code posted at the KQRS booth. Scan the QR form to be directed to the station’s website to complete an entry form. As an alternative method of entry, Station will also have paper forms and one may be requested in case of technical difficulty or entrants not having a smartphone. Limit one (1) entry per person, per household, per remote broadcast, regardless of entry method. Multiple participants are not permitted to share the same email address. Any attempt by any participant to submit more than one (1) entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entry and the participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Stations are not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected registrations, all of which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider,
online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Stations and will not be returned. Stations reserve the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. No mail-in entries will be accepted. All entries must be received by the deadline stated at the remote broadcast. Below is a list of locations and times to register and win:
9/10 – T-Mobile, 1920 Crest View Drive, Hudson, WI 54016; 11:00am – 1:00pm
9/17 – T-Mobile, 1204 Vermillion Street, Hastings, MN 55033; 11:00am – 1:00pm
9/24 – T-Mobile, 218220 Zane Street NW, Elk River, MN 55330; 11:00am – 1:00pm
If the Remote Broadcast is temporarily postponed or permanently cancelled due to disease, epidemic, pandemic, quarantine, any acts of government and/or any reason that is beyond the control of Sponsors, then no substitution shall be provided by Sponsor. Sponsors make no representation or warranty about the safety of the Remote Broadcast event in light of COVID-19. By attend the Remote Broadcast, participants acknowledge the risk of large group gatherings and assume all risks of attending a Remote Broadcast, including any and all repercussions associated with attending the Event.
4. Remote Prize Winner Selection. After each remote broadcast on September 10, September 17, and September 24, 2020, Station will conduct a random drawing from among all valid entries received by Station at that particular week’s Remote. The first drawing, following the Remote on September 10th, will take place at approximately 10:30 a.m. CST on Friday, September 11, 2020, with two (2) entrants randomly selected from all valid entries received as a potential Remote Prize winner. Remote Prize drawings will continue every Friday following the previous week’s Remote. Two (2) Remote Prizes will be awarded at the conclusion of each Remote. Each Remote Prize Winner will receive two (2) VIP Fast Pass tickets to Dead End Hayride located in Wyoming, MN on a TBD upcoming date during the 2020 season (ARV $100). All expenses and fees associated with the Remote Prize not expressly included in the foregoing prize description are the sole responsibility of the winner. If it is determined that the candidate is not eligible to receive the Remote Prize, in the Station’s sole judgment and discretion, another candidate will be randomly selected for eligibility consultation and this process will continue on until such time as an eligible candidate is found. In the unlikely event that no candidates are found to meet the specifications, then the prize will go un-awarded. In the event of a tie, the winner will be determined by and at the Station’s sole discretion. The potential Remote Prize winners will be contacted by end of day starting on Friday, September 11, 2020, and each Friday for the following two (2) weeks, using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification. Only one (1) Remote Prize Winner per immediate family or household during this Contest Period.
5. Grand Prize Winner Selection. All valid entries from the Remotes on September 10, September 17 and September 24, 2020 will automatically be entered into a random drawing to win one (1) Grand Prize, for a total of one (1) Grand Prize throughout the Contest Period. The Grand Prize drawing is conducted by the Station on Friday, September 25, 2020 on or about 11:00 a.m., CST, with one (1) winner randomly selected from the pool of all valid entries received during the Contest Period. The Grand Prize winner will be contacted immediately following the Grand Prize drawing. The potential Grand Prize winner will be contacted using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the
selection of the potential winner are final and binding in all matters related to the Contest. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification.
6. Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner may be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
7. REMOTE PRIZES. (Up to) Six (6) Remote Prizes will be awarded, two (2) at the conclusion of each Remote during this Contest Period. Each of the Remote Prizes consist of two (2) tickets to VIP Fast Pass tickets to Dead End Hayride located in Wyoming, MN on a TBD upcoming date during the 2020 season to be determined by and at the Station’s sole discretion during the 2020 season; ARV of each Remote Prize is one hundred dollars ($100).
8. GRAND PRIZE. One (1) Grand Prize will be awarded. The Grand Prize consists of a certificate valid for an all-inclusive trip for Winner and up to five (5) guests, including two (2) nights at Ballard’s Resort located on Lake of the Woods in Baudette, MN; one (1) day of guided fishing, including rods/tackle/bait for up to six (6) people and meal plan provided. ARV of the Grand Prize is two thousand dollars ($2,000). Winner is responsible for all taxes and expenses associated with prize receipt and/or use. Odds of winning a Remote Prize depend on a number of factors including the number of eligible entries received by Station during the Contest Period. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason. No copies or reproductions accepted. All prizes are awarded “as is.” Offer is non-transferable, non-negotiable. No substitute prize will be awarded to a winner who declines to accept a prize. The Station reserves the right to require contestants to be present at drawings in order to win their prize. The Station shall not be responsible for the failure of participating sponsors to deliver the prizes or any part thereof as described herein. If the Grand Prize trip and/or event is temporarily postponed or permanently cancelled due to disease, epidemic, pandemic, quarantine, any acts of government and/or any reason that is beyond the control of Sponsor and/or Station, then no substitution shall be provided by Sponsor. 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 Contest Period and listeners participating at any given time. If Winner elects to partake in any or all portions of his/her Prize with no Guest(s), the Prize will be awarded to Winner only and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Winner and their Guest(s) must be legal US residents and at least twenty-one (21) years of age at the time of entry. Trip is non-transferable, not for resale and is based on availability. Specific dates of stay and arrangements are subject to holidays and blackout dates; Ballard’s Resort stay is valid
midweek September 25, 2020 to October 25, 2020 and March 1 to March 19, 2021, based on ice conditions. Trip must be completed by March 19, 2021 or Prize will be forfeited. No Friday or Saturday nights. Certificate may not be used with any previous promotions or Walleye Connection tours. Ballard’s Resort only accepts one certificate group per week. Call 218.634.1849 in advance for availability and reservation. Reservations are subject to availability. Travel to and from Baudette, MN for Grand Prize Winner and his / her guests is NOT included in the prize and is solely the Winner’s responsibility. ARV of Prize may vary depending upon the points of departure, ground transportation, etc; any difference between stated ARV and final ARV of Prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any travel expenses, including, but not limited to, air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Certificate has no cash value and is non-transferable. Gratuity not included. All Prize elements must be redeemed at the same time. 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.
Grand Prize Trip must be taken between /used on the following dates: Midweek September 25 to October 25, 2020 and March 1 to March 19, 2021 (subject to ice conditions) and based on availability. Travel dates to be mutually agreed upon by winner and Station. Winner and guest must travel on the same itinerary. Winner’s guest must be twenty-one (21) years of age or older, except for those guests who the Winner is the legal guardian of. Grand Prize Trip is non-transferable and no substitution will be made except as provided herein at the Station’s sole discretion.
9. Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Minneapolis Radio Assets, LLC, T-Mobile USA, Inc., and their respective parent companies, subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, 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 a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of 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 an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
10. Publicity. Except where prohibited, participation in the Contest 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.
11. 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.
12. General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, 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 Contest 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 Contest 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.
13. 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. If, for any reason, in the sole opinion of Sponsor, this Contest or any Participating Station is not capable of running as planned by reason of an Act of God, disease, epidemic, pandemic, quarantine, acts of government, infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, system overload or any other causes, whether discovered or suspected by Sponsor, which, in the sole opinion of the Sponsor, does or could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest, and/or provide alternative means of entry or any other changes to these contest rules that Sponsor deems appropriate under the circumstances. In the event of termination, suspension or modification of this contest, a notice will be posted online and/or announced on-air.
14. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, 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 Contest, 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 Contest, 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 Contest, 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.
16. Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.
CONTEST SPONSOR: MINNEAPOLIS RADIO ASSETS, LLC., KQRS 2000 SE Elm Street, Minneapolis, MN 55414
GRAND PRIZE PROVIDER: Ballard’s Resort, 3314 Bur Oak Road NW, Baudette, MN 56623