Applies to all contests. For specific material terms required by FCC rules, see below
1. Dates/Terms/Eligibility. Radio station KYES 1180 AM may change the dates and/or terms of the Contest(s) without prior notice. Any material changes will be broadcast on KYES 1180 AM and/or posted here or in the Specific Material Terms for Individual Contests (see below). The Contests are open to legal U.S. residents, 18 years of age and older, unless otherwise noted. There is no purchase necessary to enter or win. Employees or agents of the Station, other radio stations or any entity associated with the contests, as well as members of the same household of any such employee or agent, may not participate.
2. Prizes. Only one winner or qualifier per household per 30 days on KYES 1180 AM, for prizes valued under $600 dollars. After winning a prize valued over $600, winner must wait one full year before they are eligible to win another prize, regardless of value. All sales, prize and other taxes, gratuities and any other incidentals associated with the prize are the sole responsibility of the prizewinner. Prizes are not transferable or exchangeable and may not be substituted, except by KYES 1180 AM, prize donors or sponsors for reasons of unavailability. In which case, a prize of equal or greater value will be awarded.
Prizes unclaimed after 30 days become the property of KYES 1180 AM. KYES 1180 AM assumes no responsibility or liability for damages loss or injury resulting from acceptance or use of the prize. KYES 1180 AM is not responsible for replacing tickets in the event of show cancellations as a result of weather, promoter or performer. In the case of a concert or event with a date sooner than thirty (30) days, tickets and any associated prizes will be forfeited at 4:30 PM on the last weekday prior to the date of the concert or event. If the prize(s) are mailed by KYES 1180 AM, the winner assumes all risk of loss, theft, late or miss-delivery.
3. Conditions/Restrictions. Each winner will be required to produce identification satisfactory to KYES 1180 AM. A winner of a prize with a retail value of $600 or more will be required to sign an affidavit of eligibility and release, including a publicity release, as prepared by KYES 1180 AM prior to receiving their prize. Each winner will be responsible for any taxes or fees that result from the receipt and/or use of their prize and may receive an IRS Form 1099-Misc. The Contest is void where prohibited by law. Anyone using fraudulent means to participate and/or win the Contest will be disqualified. KYES 1180 AM is not responsible for errors, problems or delays in the mail or telephone systems that may prevent callers or entries from reaching KYES 1180 AM. Listeners can call the KYES 1180 AM studio lines. If a caller gets disconnected for any reason before their name and phone number have been recorded, another call will be taken. Decisions of KYES 1180 AM station management are final. All contest entries will become the property of KYES 1180 AM. Winners and contest participants grants KYES 1180 AM the right to use their name and likeness (including voice) for promotional purposes with no compensation.
4. Release and Indemnification. In exchange for the right to participate in any Contest, each participant agrees to forever release and indemnify KYES 1180 AM, and its officers, directors, agents, subsidiaries and employees (the "Released Parties"), from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the participant's participation in the Contest. 5. Rules. Any violation of these general rules, specific material terms or internet rules, below, will result in disqualification. Copies of these rules and terms are available for download here, in person at the KYES 1180 AM 's studios during regular business hours or by sending a request, along with a self-addressed stamped envelope, to KYES 1180 AM.
Special Internet Rules for contests involving www.kyesradio.com
1. Game and contest participants using the Internet must provide a valid email address. Limit one entry per email address unless otherwise noted.
2. KYES 1180 AM, prize donors and sponsors not responsible for technical, hardware, software or telephone or other transmission failures of any kind; lost or unavailable network connections; or incomplete, garbled or delayed computer transmissions whether caused by KYES 1180 AM, users, by any equipment or programming utilized in promotions, games or contests, or by human error which may occur in the processing of submissions, which may limit a participant's ability to participate.
3. KYES 1180 AM reserves the right, in its sole discretion, to cancel or suspend a promotion, game or contest should a virus, bug, computer or other problem beyond the control of KYES 1180 AM corrupt the administration, security or proper execution of any Internet promotion, game or contest, or the Internet portion of any promotion, game or contest. KYES 1180 AM in its sole discretion, may award prizes to entries received by alternate means. All Internet participants agree to be bound by these rules, and the Official General Rules appearing above.
Compliance With the Communications Act of 1934 & FCC Rules
The above contest and the posting of material terms is KYES 1180 AM’s good faith effort to comply with the statutory provision regarding contests as set forth at Section 508 of the Communications Act of 1934, as amended (the "Act") (47 U.S.C. §509). Section 508(a) of the Act (47 U.S.C. §509(a)) and with the Commission's (FCC) requirements governing the broadcast of licensee-conducted contests set forth in Section 73.1216 of the Commission's rules, (47 C.F.R. §73.1216). This rule requires that a licensee that broadcasts or advertises information about a contest that it conducts shall fully and accurately disclose the material terms of the contest, and shall conduct the contest substantially as announced or advertised. No contest description shall be false, misleading or deceptive with respect to any material term.
For purposes of Section 73.1216, the term "contest" is defined as a scheme in which a prize is offered or awarded, based upon chance, diligence, knowledge or skill, to members of the public. "Material terms" include those factors which define the operation of the contest and which affect participation therein. Although the material terms may vary widely depending upon the exact nature of the contest, they will generally include: (1) how to enter or participate; (2) eligibility restrictions; (3) entry deadline dates; (4) whether prizes can be won; (5) when prizes can be won; (6) the extent, nature, and value of the prizes; (7) the basis for valuation of prizes; (8) time and means of selection of winners; and/or (9) tie-breaking procedures.