104.1 The Hawk “$50,000 Inground Spa” Contest
Official Rules

A complete copy of these rules can be obtained by contacting radio station KHKK (“Station”),3127 Transworld Dr. Suite 270 Stockton, CA 95206, during available business hours Monday through Friday, on the Station website www.104thehawk.com, or by sending a self-addressed, stamped envelope to the above address.

The Station will conduct the “$50,000 Inground Spa” Contest(the “Contest”) substantially as described in these rules, and by participating, each entrant 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 of the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, excluding Florida and New York residents, age eighteen (18) years or older at the time of entry with a valid Social Security number, and who own their primary residence. Void where prohibited by law.  Employees of Station, Cumulus Radio LLC, and each of their parent companies, 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.

• Contest Period.  The Contest entry period will begin at 5:00am PT on November 1, 2022 and will run through 11:59pm PT on December 11, 2022 (the “Contest Period”).  The Station’s computer is the official time keeping device for this Contest.
• How to Enter. 

(i) Text:  Each day during the Contest Period, beginning on or around 5:00am PT, Station will announce the daily keyword. The Station will repeatedly announce the daily keyword throughout the day, a minimum of one (1) time during each daypart (i.e. 5:00am PT to 9:00am PT, 10:00am PT to 2:00pm PT, 2:00pm PT to 6:00pm PT, and 6:00pm PT to 10:00pm PT). When Station announces the daily keyword, listeners should send a text message with the daily keyword spelled correctly to 62582 to enter.  All entries must be received by 11:59pm PT on the date the keyword is announced to be eligible for the Grand Prize (as defined below) drawing.  Standard text messaging rates, as established by an individual’s wireless carrier, may apply, and Station assumes no responsibility for any fees or charges incurred for and associated with any text message sent to or from Station.  Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant.  Limit one (1) entry per person per phone number per day. Multiple participants are not permitted to share the same telephone number. Any attempt by any participant to submit more than one (1) entry by using multiple/different telephone phone numbers, identities, or any other methods will void that participant from further participation in the Contest.

• Winner Selection.  On or about 10:00am PT on December 12, 2022, Station will select ten (10) entries to be entered to win the Grand Prize (each a “Finalist”) in a random drawing from among all valid entries received by Station during the Contest Period. The Station will notify the Finalists using the phone number they submitted the entry with. At that time, Station will verify that each Finalist meets the eligibility requirements, and each Finalist will need to supply the Station with their home address and a one (1)-hour window of time that they will be at their home on December 14, 2022. Failure to respond to the initial contact within twenty-four (24) hours of notification will result in disqualification, and the Station will select another Finalist from all eligible entries, until there are ten (10) verified Finalists. On or about 10:00am PT on December 13, 2022, the Station will randomly select one (1) of the ten (10) Finalists to be awarded the Grand Prize. The Station will notify the winner in person at their home address on December 14, 2022, using the address and the one (1) hour window provided at the time of eligibility verification. If public health advisements due to Covid-19 restrict the Station’s ability to make the announcement of the winner in person, the Station will announce the winner by sending emails with Zoom video chat links to each Finalist, with the winning entrant being sent a working link for a Zoom call with Station staff telling them they won, and the other nine (9) Finalists being sent “dummy” or non-functioning links. 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 one (1) hour of notification will result in disqualification and forfeiture of participation and any prize. 
• 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) to claim the 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. Unclaimed prizes may not be awarded.    
• Prize.  One (1) Grand Prize will be awarded in this Contest.  The winner will receive:

(a) A $50,000 custom designed in-ground spa up to 10′ wide by 10′ long, 3’6″ deep.
Includes Fire Pots with two raised columns, water feature spillway and glass tile
Includes filter, filter pump, heater, skimmer, auto-fill, 1 colored LED light, up to 5 spa jets with an air blower, provided by Trademark Pool and Spa Inc. (5492 Pirrone Road, Ste A, Salida, CA 95358) (“Prize Provider”)

The approximate retail value (“ARV”) of the prize is FIFTY THOUSAND DOLLARS ($50,000).

The winner’s name must be on the property deed of the property where the Grand Prize will be installed and property must have at least 6 feet of tractor access. Spa will be installed only at the address of the winner at the time of winning the contest. Prize Provider will inspect the property to determine eligibility to receive the Grand Prize. The decision of Prize Provider on the fitness of the winner’s property for the Grand Prize will be in Prize Provider’s sole discretion. If a spa already exists on winner’s property, Prize Provider may be able to refurbish or make improvements to existing spa not to exceed the Grand Prize ARV. Winner is responsible for all permit fees and the costs required by the locality in which the spa is constructed and for such costs outside of normal excavation proceedings. Winner agrees to be bound by the terms and conditions contained in Prize Provider’s contract and the ancillary disclaimers and agreements, which are available for inspection at Prize Provider’s location prior to the Finale Event. Prize Provider is not responsible for any costs associated with mitigating any easement, encroachments or fees in obtaining any variances or the release of any restrictions that may be required by the locality in constructing the spa, nor for any increase in the winner’s real property taxes and water rates associated with the spa’s construction. Construction must begin on or before June 2023 or Grand Prize will be forfeited unless the delay is the result of scheduling by Prize Provider.

Winner is responsible for all taxes associated with prize receipt and/or use.  Odds of being selected as a finalist depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time.  Odds of winning the Grand Prize if selected as a finalist is 1:10.

There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, in 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.

If any prize or a portion of any prize is postponed, cancelled, or otherwise unavailable due to disease, epidemic, pandemic, quarantine, any acts of government and/or any reason that is beyond the control of Station or any Sponsor, then no substitution shall be provided. Station and any Sponsors make no representation or warranty about the safety of any prize. By accepting and using a prize, each winner acknowledges and assumes all risks of accepting and using the prize, and any other risks associated with the prize.

• Entry Conditions and Release. By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station and Sponsor(s), which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Sponsor(s), Cumulus Media New Holdings Inc., and each of their 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 entrant’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.
• Publicity. Participation in the Contest constitutes entrant’s consent to use by the Station and its agent of entrant’s name, likeness, photograph, voice, opinions, entry, 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.
• 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.
• 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.
• Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Station, Sponsor(s), entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error that may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property that 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.
• Disputes. Entrant agrees that: (a) 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; (b) 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; (c) 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 (d) 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.
• Entrant’s Personal Information. Information collected from entrants is subject to Station’s Privacy Policy, which is available on the Station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained therein, shall become the sole property of Station to be used, disposed of or destroyed in its sole discretion.  Station is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to Station’s website. 
• 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:  Cumulus Radio LLC, 3127 Transworld Dr. Suite 270 Stockton, CA 95206

PRIZE SPONSOR: Trademark Pool & Spa Inc., 5492 Pirrone Road, Ste A, Salida, CA 95358