Show Us Your Pothole
Official Rules –
KS95 Show Us Your Pothole Contest
NO PURCHASE NECESSARY.
PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
VOID WHERE PROHIBITED
ALL PHOTOS SUBMITTED WILL APPEAR IN PHOTO GALLERY ON KS95’S FACEBOOK PAGE, AND MAY APPEAR ON OTHER KS95 WEBSITES AND SOCIAL MEDIA CHANNELS.
1. Eligibility – The KS95 Show Us Your Pothole Contest (the “Contest”) is open to entrant’s who are 18 years or older and residents of Minnesota or Wisconsin. Employees of KSTP-FM, LLC and its radio station KS95 at 3415 University Ave, St. Paul, MN 55114 (“Sponsor”), Bobby & Steve’s Auto World (“Promotional Participant”), including their respective subsidiaries, affiliates, parent or related companies, and their immediate families (collectively, with Sponsor and Promotional Participant, the “Released Parties”), are not eligible to enter. Anyone participating in this Contest or claiming a prize in this Contest in violation of these rules will be deemed to have forfeited the right to be awarded a prize in this Contest. 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 Sponsor’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.
2. Contest Period – The Contest begins at 12:00:01 AM Central Time (“CT”) on March 27, 2023, and ends at 11:59:59 PM CT on March 31, 2023 (the “Contest Period”). The Contest Period will consist of two (2) separate periods:
a. Entry Period which begins at 12:00:00 AM CT on March 27, 2023 and ends at 11:59:59 PM CT on March 31, 2023 (“Entry Period”); and
b. Judging Period which will occur on April 3, 2023 (“Judging Period”).
3. How to Enter –To enter, during the Entry Period, visit the KS95 page on Facebook to find the Contest post at the top of the page (“Post”). Once there, post your Photo of a pothole in the comments of the Post. PLEASE NOTE: The Photo must feature a pothole located in a location that is safe to take the Photo from a sidewalk or similar area off the street. Photos may NOT feature a pothole located on a highway or freeway where it is unsafe to take a Photo. Any Photo taken of a pothole on a freeway or highway will be disqualified from this Contest. Once entrants have posted their Photo, they will automatically receive one (1) entry into the Contest.
Limit one (1) entry per person during the entire Entry Period. Sponsor is not responsible for problems accessing the Websites or completing the entry, technical or atmospheric conditions that disrupt the completion of the entry, or any other problems which might or might not result from this Contest. Any person submitting more than one entry or an entry without a Photo attached, Photos that are not taken in a safe location as determined by Sponsor’s sole discretion, may be disqualified at Sponsor’s sole discretion. Sponsor is not responsible for lost, late, incomplete, invalid or misdirected entries, which may be disqualified at Sponsor’s sole discretion. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. All entries must be received by 11:59:59 PM CT on March 31, 2023, to be eligible.
4. Judging: Then, on or about April 3, 2023, all of the Photos will be judged by Sponsor, using the judging criteria and percentages: depth of the pothole (25%), width of the pothole (25%), quality of the Photo (25%), and creativity of the photo (25%) (collectively, “Judging Criteria”). The top scoring Photo that receives the highest percentage from among all Photos submitted using the Judging Criteria will be deemed the Grand Prize winner and will be notified by Sponsor on or about April 3, 2023. In the event of a tie, the Photo whose score was the highest from the depth of the pothole and width of the pothole criteria combined will be deemed the Grand Prize winner from among all tying entries. In the event the potential Grand Prize winner fails to respond to the Grand Prize notification within 48 hours, that potential Grand Prize forfeits his/her right to the Grand Prize (subject to Sponsor’s sole discretion), and the Grand Prize may be awarded to the entry who received the next score using the preceding judging Criteria.
5. Prize and Approximate Retail Value (“ARV”) – One (1) Grand Prize – A $500 Gift Card to Bobby & Steve’s Auto World. ARV: $500.00. Gift card is subject to the terms, conditions and restrictions as printed on the card.
The Grand Prize winner represents and warrants that the Photo is his or her original work of authorship and does not infringe on any third party’s intellectual property, property or privacy rights and by submitting the Photo in the Contest, Grand Prize winner is granting Sponsor an exclusive, unlimited, worldwide, irrevocable right to distribute, create derivative works of, copy, edit, and modify the Photo in any manner and any medium, without any additional permission or compensation in perpetuity.
The prize will be awarded only if the potential Grand Prize winner fully complies with these Official Rules. Winner must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable local, state and federal taxes associated with accepting the Grand Prize. Winner may be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. The Grand Prize winner may be required to complete and submit a W9 tax form prior to receiving the Grand Prize, and Station may issue a 1099 to the proper taxing authorities.
6. Claiming the Prize – Upon being named the Grand Prize winner, the Grand Prize winner must pick up his/her prize in person at Sponsor’s studio located at 3415 University Avenue, St. Paul. MN 55114 within 30 days from the day they are deemed the Grand Prize winner to claim their prize. When claiming a prize, the winner must prove he/she is a qualified winner by presenting identification acceptable to the sponsors (e.g., state driver’s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If the Grand Prize winner cannot prove he/she is a qualified winner or does not pick up their prize prior to the date of the event, he/she forfeits his/her right to that prize.
7. Participation Conditions/Release/Consent to use Likeness – By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless 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 participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
8. General Conditions – Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Limitations of Liability – The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) unauthorized human intervention in any part of the participation process or the Contest; (3) technical or human error which may occur in the administration of the Contest or the processing of entries; or (4) 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 or misuse of any Prize.
10. Privacy Policies and Data Collection – Information provided by you for this Contest on the entry form is subject to Administrator’s privacy policy located at: http://corporate.hubbardradio.com/privacy-policy/. By entering this Contest, each entrant agrees that the Sponsor has the right to contact the entrant by phone or email as provided on the entry form to administer and fulfill this Contest.
11. Disputes/Governing Law – Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Minnesota; (2) 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’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of State of Minnesota, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
12. Winners’ List/Official Rules – For the name of the winner, send a self-addressed stamped envelope to: KS95 Show Us Your Pothole Contest, 3415 University Ave, St. Paul, MN 55114.
13. Sponsor – KSTP-FM, LLC and its station KS95, 3415 University Ave, St Paul, MN 55114.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT FACEBOOK.