OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE CHANCES OF WINNING.
Promotion Name: Z104.3 Baltimore School Battle (the “Promotion”)
Participating Station: WZFT-FM (the “Station”)
Station Address: 1 W Pennsylvania Ave, Suite 200, Towson, MD 21204
This Promotion is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor. For a copy of these Official Promotion Rules, please visit z1043.iheart.com.
For the name of the winning High School, send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Z104.3 Baltimore School Battle Winner’s List Request, 1 W Pennsylvania Ave, Suite 200, Towson, MD 21204.
1. ELIGIBILITY.
·This Promotion is open only to high schools located in the following counties in Maryland (each a “High School”): Anne Arundel, MD; Baltimore City, MD; Baltimore County, MD; Caroline, MD; Carroll, MD; Cecil, MD; Harford, MD; Howard, MD; Kent, MD; Queen Annes, MD; or Talbot, MD.
·Individuals who are eligible to nominate a High School and vote (see Section 3) must be a legal U.S. resident of one of the 50 states of the United States or the District of Columbia, and 13 years of age or older at the time of participating (“Participant”).
Minors: Participant must obtain parental consent in order to be eligible to participate in the Promotion. Parental consent occurs when the parent or legal guardian of an eligible minor Participant, who is under the age of legal majority their state of residence, grants permission for the Participant to participate and agrees on behalf of himself/herself and the minor Participant to these Official Rules.
The prize shall be awarded to the High School; no individual will receive a prize as a result of participating in the Promotion.
The Promotion is subject to all applicable federal, state, and local law and regulations. Void outside of the United States and where prohibited or restricted by law.
Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Promotion Entities”); individuals employed by any other radio and television station; and members of the immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Promotion.
2. PROMOTION TIMING. The Sponsor’s computer is the official time-keeping device for this Promotion. See Section 3 for a description on how to nominate and vote for the High School you wish to receive the prize. See Section 5 for prize details.
·High School nominations must be submitted between March 16, 2023, 12:00:00 p.m. Eastern Time (“ET”) and March 22, 2023, 11:59:59 p.m. ET. (“Nomination Period”)
·Bracket Announcement: On or about March 24, 2023, the Promotion bracket will be revealed to include up to the sixteen (16) High Schools receiving the most nominations during the Nomination Period. The match-ups shall be determined by Sponsor, in Sponsor’s sole discretion.
·Public voting shall begin on or about March 25, 2023, 12:00:00 a.m. ET and end on or about April 6, 2023, 11:59:59 p.m. ET. (“Voting Period”)
3. HOW TO PARTICIPATE. To participate in the Promotion, Participant must have a valid Instagram account. Creating an Instagram account is free. Participants may not participate with multiple Instagram accounts, nor may Participants use any other device or artifice to nominate or vote for their favorite High School multiple times or as multiple registrants.Multiple Participants are not permitted to share the same Instagram account. While participating in the Promotion, Participants must comply with Instagram's Terms of Use (Instagram's Terms of Use). In the event of a conflict between these Official Rules and the Instagram Terms of Use and Community Guidelines, the Promotion Official Rules shall govern.
·Step 1 - During the Nomination Period, watch for a post on Instagram (www.instagram.com/z1043) inviting eligible individuals to nominate the High School (as defined in Section) they want to win the prize. Using your desktop computer or mobile device, nominate the High School on @z1043 on Instagram as indicated.
·Step 2 – During the Voting Period, use your desktop computer or mobile device to vote for the High School you want to win the prize using Instagram Polls in Instagram Stories on @z1043. For each day of the Voting Period, there will be two (2) match ups. Check back daily for updated Instagram Polls based on the previous day’s results. On or about April 6, 2023, participants will be able to vote for one of the final two (2) High School contenders. The High School receiving the most votes in the final match up, will be deemed the “Winning High School” (subject to verification); official results will be announced on or about April 7, 2023.
Voting is limited to one vote per person/email address/ Instagram account per day.
This Promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.
The Released Parties (defined in Section 9) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected or incomplete nomination(s) or vote(s), regardless of cause. Multiple Participants are not permitted to share the same email address. Should multiple users of the same email account or mobile phone number, as applicable, participate in the Promotion and a dispute thereafter arise regarding the identity of the Participant, the authorized account holder of said email account or mobile phone account at the time of submitting a nomination or vote will be considered the Participant. “Authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning email addresses, phone numbers or the domain associated with the submitted email address associated with the Instagram account used for participation. Proof of submission of a nomination or vote shall not be deemed proof of submission or receipt by the Sponsor. Nomination(s) or vote(s) will be disqualified if incomplete and/or if prohibited multiple nomination(s) or vote(s) in excess of the stated limit are received. All nomination(s) or vote(s) become the property of Sponsor and will not be acknowledged or returned.
If is discovered that a Participant submitted fraudulent nominations or votes, including but not limited to, nominations or votes generated by a robotic, programmed, script, macro, other automated means or other source, the Sponsor reserves the right to disqualify the Participant and/or the affected High School, in its sole discretion. Any discovered attempt to circumvent these Official Rules by any other method to increase the number of nominations or votes, those nominations or votes will not be counted and such Participant may be disqualified at the discretion of the Sponsor. The decision of disqualifying any Participant due to the breach of the rules will be completely at the sole discretion of the Sponsor and will take place without any intimation to the Participant(s).
4. NOTIFICATION TO POTENTIAL WINNING HIGH SCHOOL. The potential Winning High School is subject to verification. An authorized official of the potential Winning High School (“Authorized Official”) will be notified by telephone. As a condition of receiving the prize, the Authorized Official must (a) respond to the initial notification within three (3) school days; (b) sign and return a declaration of eligibility and any other forms necessary to verify eligibility and claim prize within five (5) school days after the first delivery attempt; and (c) agree to these Official Rules. If (a) the Authorized Official does not properly respond, as stated above; (b) the potential Winning High School is found to be ineligible; or (c) the Winning High School declines the prize for any reason, such High School will be disqualified and the prize may be awarded to the High School who received the next highest number of votes in the final bracket. ALL DECISIONS OF THE SPONSOR IN REGARDS TO ALL MATTERS RELATING TO THE PROMOTION (INCLUDING, WITHOUT LIMITATION, ELIGIBILITY) SHALL BE FINAL AND BINDING IN ALL RESPECTS. The Sponsor reserves the right to determine an alternate winning High School in accordance with these Official Rules in the event that the initial Winning High School is disqualified, cannot be contacted, or is deemed ineligible for any reason.
5. PRIZE. One (1) Prize: The Winning High School will receive a $1,000.00 grant.
Prize provided by: iHeartMedia + Entertainment, Inc. (“Prize Provider”)
The odds of winning depend on the number of eligible votes received.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prize may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Official Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of the Winning High School.
6. TAMPERING AND DELIVERY DISCLAIMER. The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s nomination(s) or vote(s)) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (a) tamper with the Website and/or any part of the Promotion; (b) undermine the legitimate operation of the Promotion by cheating, deception, or other unfair playing practices, (c) or intending to annoy, abuse, threaten or harass any other Participants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (d) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTICIPANT (OR, IF THE PARTICIPANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY PARTICIPANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS PROMOTION. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the Participant to automatically enter, vote or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.
Released Parties are not responsible for: (a) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online nomination(s) or vote(s), traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Participant's ability to participate in the Promotion; (b) any injury or damage to Participant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Promotion; (c) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Promotion; or (f) technical or human error which may occur in the administration of the Promotion or the processing of nomination(s) or vote(s).
The Sponsor further reserves the right to: (a) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Promotion, void any suspicious nomination(s) or vote(s), rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Promotion and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Promotion as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Promotion, by any human error which may occur in the execution of this Promotion, or any other causes which effect the operation of the Promotion or the rules of the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a Participant in the Promotion and/or (b) stop or conclude the Promotion at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Promotion by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
7. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
8. USE OF PERSONAL INFORMATION. The Sponsor will retain the Participant's personal data for a reasonable period of time to enable it to send that Participant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Participant may have the opportunity to opt-in to receive emails from third parties. In the event that Participant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Promotion, Participant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to participate in the Promotion, and opting in will not improve your chances of winning.
9. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Promotion, each Participant agrees to release and waive any and all claims of liability against the Promotion Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”), and Instagram, Inc. from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Promotion, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, the Winning High School hereby agrees that: (a) to release each of the Released Parties from any and all claims in connection with the Promotion and the award or use of the prizes; and (b) where allowed by law, sign a publicity release confirming consent to use the Winning High School’s name/likeness as set forth in Section 7 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Participant or winner or any person claiming through such Participant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings, (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Promotion Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to the Winning High School.
10. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to the Winning High School may be reported to the IRS as required by law. The Winning High School is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. As applicable, the Winning High School must provide the Sponsor with valid identification and, as applicable, a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
11. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Promotion. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Promotion and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Promotion to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Promotion if in its sole judgment, the rules or the integrity of the Promotion have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a Participant in the Promotion. In the event the Promotion is terminated, Sponsor will award the prize(s) in a manner deemed fair and equitable from all eligible nominations received prior to termination. If applicable material changes to the Official Rules will be broadcast on-air and available on-line at the Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
12. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
13. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify Participants of any aspect related to the conduct of the Promotion. As a condition of participating in the Promotion, Participants agree (and agree to confirm in writing) that: (a) under no circumstances will Participant be permitted to obtain costs, judgments, or awards for, and Participant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Participant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Participant. Participation in the Promotion constitutes Participant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Participant’s fulfillment of all requirements set forth herein.
14. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of Participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.