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Wherever the words KOOL 98 appear in these rules, they include the business entity to which the station is licensed, and any member companies, parent corporations, and affiliates. In the following rules, "KOOL 98" means Saga Communications of South Dakota, which owns KOOL 98 radio.
1) No purchase is necessary to enter any KOOL 98 contest.
2) All contestants must be permanent residents of South Dakota and Nebraska, and must provide KOOL 98 with a valid form of identification and Social Security number satisfactory to KOOL 98 management.
3) Subject to rule (4) below, all contestants must be at least 18 years old to be eligible to participate in contests that include hotel/motel accommodations, motor vehicles, boats, and/or air travel as prizes.
4) All contestants must be at least 21 years old to be eligible for all contests affiliated with an alcoholic beverage manufacturer or distributor.
5) One entry per household will be permitted to participate in a contest. A "household" is defined as any individuals residing at the same address. After winning a contest on KOOL 98, the individual/household is ineligible to win any other contests on KOOL 98 for a period of thirty (30) days. All individuals/households receiving a prize valued at $500.00 or more on KOOL 98 may be issued a 1099 Federal Income Tax Form by KOOL 98, and are ineligible to win a prize valued at $500.00 or more for a period of one calendar year from the date of winning. If it is determined that a selected contestant is ineligible as a result of one or both of these restrictions, another contestant will be selected. This selection procedure will continue until these restrictions are satisfied.
6) Anytime the KOOL 98 on-air studio is called, it is assumed by the caller that the phone call is being recorded and may be broadcast. The caller grants permission to KOOL 98 to broadcast the call or record the call for later broadcast.
6a) For telephone contests, listeners may enter by calling KOOL 98. If any problems are discovered by KOOL 98, different call-in numbers or addresses may be substituted and utilized after those numbers and addresses are broadcast on KOOL 98. In the event a caller is disconnected during a contest before his/her name and phone number is recorded, then the prize will be awarded to the next caller whose name and phone number are recorded. The person operating the telephone at KOOL 98 has the final decision as to who is the winning caller.
7) For contests requiring written entry forms, they may be faxed to (605) 996-0013, e-mailed to a contest specific address on kool98.com, or mailed/delivered to KOOL 98, 501 S. Ohlman Street, Mitchell, SD 57301. (P.O. Box 520) All entries become property of KOOL 98 and will not be returned. KOOL 98 reserves the right to retain any or all contest materials for any reason that KOOL 98 deems necessary to the completion of the contest, or reasons relating to publicity and/or advertising. KOOL 98 shall have no responsibility for a contestant's failure to win or claim any prize based on difficulties with telephone, facsimile, email, or internet difficulties, or any circumstances in any contest.
8) Any specific rules and/or restrictions pertaining to individual contests (entry dates, a limit on number or words on an entry, etc.) will be disclosed in on-air announcements.
9) Prizes must be picked up by the winners at the KOOL 98 business office or other pre-arranged or pre-announced location within thirty (30) days of notification to the winner, unless there is a deadline date by which the prizes must be picked up, in which case, that date will be specifically stated. Otherwise, failure to pick up the prizes by the deadline will result in the forfeiture of the prize, which shall remain the property of KOOL 98. KOOL 98 assumes no liability for the delivery of prizes.
10) In the event the winner is subject to, or the subject of, any order or legal process issued by any governmental agency having jurisdiction over the affairs of the winner (i.e. garnishment, child support order, judgment, lien, and the like), KOOL 98's delivery of the prize to the official representative of the governmental entity claiming a right to the prize shall be thus deemed as KOOL 98 awarding the prize to the winner. KOOL 98 shall be entitled to rely in good faith, upon any documents presented by the representative seeking to collect the prize in lieu of the winner. KOOL 98 shall not be liable for any claim by any winner for damages incidental thereto.
11) As a condition of entering a contest, contestants must agree that upon winning, they will consent to the use of their name, likeness, and all verbal and written communications with KOOL 98 for publicity purposes.
12) Employees of KOOL 98, (and its ultimate parent company, Saga Communications, Inc.), their advertising agencies, affiliates, contest sponsors, employees and immediate families of each, and employees of all media of mass communication within a one hundred mile radius of the KOOL 98 main studios are not eligible to win any contest.
13) All prizes are non-transferable and are not redeemable for cash. KOOL 98 reserves the right to substitute a prize of similar value. KOOL 98 cannot be held responsible for unforeseen cancellations or delays of concerts/events or transportation caused by weather, promoter or performer.
14) Winners are solely responsible for all applicable local, state and federal taxes. Winner may be issued a 1099 MISC federal tax form if in one calendar year the prize value of all prizes won in contests from KOOL 98 and/or participating co-sponsors exceeds $600.00.
15) KOOL 98 assumes no liability for liability, damages, situations, repairs, or incidents arising from any aspect of any prize awarded in any contest. KOOL 98, all participating co-sponsor companies and their advertising and promotional agencies, affiliates thereof, employees, and immediate families of each absolve themselves and shall be held harmless from any action or liability arising from any contest or prize awarded in any contest. As a condition of entering a contest, participants may be required, upon winning, to sign a release form and affidavit of eligibility to claim their prize. Failure to do so will result in forfeiture of the contestant's right to claim or receive the prize.
16) The following are specifically related to E-contests and E-Mail Club promotions on kool98.com
a) All appropriate information in required fields must be filled out or contestants will be disqualified.
b) To be eligible to win a prize, a contestant must reside within the listening area of KOOL 98, as defined within the exclusive discretion of KOOL 98 management.
c) Any problems with the internet or email are not KOOL 98's responsibility.
d) Contestants who attempt to register to participate on KOOL 98's websites may be required to produce a printed copy of proof of registration before being allowed to participate in the contest.
17) All giveaways and contests are void where prohibited by law. All local, state and federal regulations apply. As a licensee of the FCC and a trustee of the public airwaves, KOOL 98 reserves the right to interrupt and/or discontinue any contest or promotion (and not award the offered prize) at the discretion of KOOL 98's management if world events, the national mood, or public safety so warrant. KOOL 98 reserves the right to disqualify any winner if the contest rules have been violated in any way. KOOL 98 reserves the right to amend the rules to any contest at any time. All decisions of KOOL 98 are final.
18) Although KOOL 98 will make reasonable efforts to conduct its contests substantially as announced or advertised, KOOL 98 reserves the right in extraordinary situations to change or modify the rules of its contests as exigent circumstances may require. In such cases, KOOL 98 will amend the rules for that contest and broadcast the amended rules as promptly as possible. In such case, the contest will be conducted in accordance with the amended rules.
19) A copy of these rules are available during business hours at the KOOL 98 studios, 501 S. Ohlman St., Mitchell, SD.
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