Tito's Top Shelf Elf Contest Rules

OFFICIAL CONTEST RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

Contest Name: Tito’s Top Shelf Elf Contest (the “Contest”)

Station: WEND-FM(the “Station”)

Station Address: 801 Woodridge Center Drive, Charlotte, NC, 28217

Telephone: 704-714-9503_

This Contest is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”).   Any questions, comments or complaints regarding the Contest must be directed to the Sponsor. For a copy of these Official Contest Rules, please visit the office of the Station during normal business hours or send your request by mail at iHeartMedia + Entertainment, Inc. at 801 Woodridge Center Drive, Charlotte, NC, 28217.

ELIGIBILITY:  This Contest is open only to individuals who (i) are legal U.S. residents of the state of NC and SC who reside within the Charlotte DMA who are 21 years of age or older at the time of entry.

If you are not a legal U.S. resident of the state of NC and SC who reside within one of the counties listed above or you are not the required age as of time of entry, you are not eligible to enter this Contest or to win a prize. 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 “Contest Entities”); individuals employed by any other radio and televisions 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 Contest or win the prize.

Any person who has won a prize (or whose household has won a prize) in any promotion sponsored by Sponsor in the thirty (30) days prior to this Contest start date is not eligible to win a prize in this Contest. 

Void outside the state of NC and SC (counties listed above) and where prohibited by law.

  • TIMING:  Contest begins on November, 5th, 2018 at 5:40:00 p.m. ET and ends at 11:59:59 p.m. ET on November 25th, 2018 (“Entry Period").

Submission Period:  November 5th, 2018 at 11:40:00p.m. ET and ends November 25th, 2018 at 11:59:59pm ET

Judging/Winner Selection: On or around November 26th, 2018

DESCRIPTION OF CONTEST/HOW TO ENTER.

How to Enter: During the Entry Period, visit http://www.1065.com/cocktaol  to register for the Contest by submitting the entry form with all required information. Contestants will be asked to submit a picture of their Tito’s cocktail and drink recipe.

Limit one (1) entry per person/email address/household. Entries must contain all information requested and comply with all content submission requirements set forth herein to be valid.

ENTRY AND ELIGIBILITY GUIDELINES: All entries submitted must comply with the following guidelines.

PHOTO SUBMISSION CRITERIA:  Entry submissions must be made by submitting a photo of your Tito’s cocktail and recipe.  The Sponsor will not take submissions from a 3rd party. Proof of ownership may be required by contest judges. Entrant acknowledges and agrees that professional photographs (i.e., photographs taken by a photographer who was paid to take such photographs) are not eligible.  Entrant must be the party photographed in the submitted photo. Contest submissions must be submitted and received before the registration deadline.

Entry Criteria:

Format of the Entry Photo

Entries shall be submitted only by persons who are 21 years of age or older;

Entries must be original, unpublished, and not copyrighted by any third party;

The Entry may be color or black and white;

Entry may not be embellished with text or art;

Altered, manipulated or electronically enhanced entries, except for cropping, red eye removal and adjustment for color and brightness as set forth above will not be considered;

The Sponsor reserves the right to reject any Entry that they define as unacceptable;

Entry submitted for the Contest shall not have any copyright restrictions and any issue that arises with regard to the Entry’s copyright will be the sole responsibility of the entrant.

Permissions: Entrant must have permission from any recognizable individuals who appear in the Submission to use their names, image and likenesses in the Submission and to grant the rights set forth herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.

Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.

By participating, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Contest that participation may be required to be considered eligible.

2.         CONSUMER CREATED CONTENT REQUIREMENTS.

As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest (including, but not limited to your submission.

By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from other, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Sponsor reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.

By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Sponsor or Contest Entities under any fiduciary or other obligation, that the Sponsor is free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.  You acknowledge that, by acceptance of your Content, the Sponsor and the Contest Entities do not waive any rights to use similar or related ideas previously known to Sponsor or Contest Entities, or developed by their employees, or obtained from sources other than you.

CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Sponsor, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.

All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:

  • Content must comply with these Official Rules and any Terms of Service on the Sponsor website;
  • Content must be uploaded/submitted in the format specified and must comply with the posting requirements set forth above and as posted on the Sponsor website;
  • The Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
  • Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
  • Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portray any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Content cannot be offensive, endorse any form of hate or hate group;
  • Content cannot defame, misrepresent or contain disparaging, libelous, or misleading remarks, comments, or material about the Sponsor, the Station, the Sponsor, any of their respective products and/or services, or about any other people, products or companies;
  • Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses, other than entrant’s;
  • Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission;
  • Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission (Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant, except copyrighted materials owned by Sponsor, is grounds for disqualification from the Contest. Therefore, do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your content and grant the rights herein granted to Sponsor and Contest Entities);
  • Content shall not include any background artwork, unless it is an original work of the entrant (any artwork, murals, etc. that can be seen in the Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein);
  • The Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age, disability, gender identity or expression, sexual orientation or any legally protected classification (which includes, but is not limited to, epithets or slurs, threats, intimidations, or hostile acts);
  • Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
  • Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
  • Content cannot depict, and cannot itself, be in violation of any law; and
  • The Content must be socially acceptable and in good taste, as determined by the Station in the Station’s sole discretion.

ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE SPONSOR. The Sponsor reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein as well as current broadcast standards and other programming and operating practices and policies established by the Sponsor and/or Station for airing advertising. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Content which fails to comply with the Content requirements prior to any judging period. CONSUMER CREATED CONTENT POSTED TO THE WEBSITE WAS NOT EDITED BY SPONSOR AND IS THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DOES NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. If you think that any Content infringes your intellectual property rights, click here if you wish to report it, contact us by mail at DMCA Designated Agent, c/o Legal Department, iHeartMedia, Inc., 20880 Stone Oak Parkway, San Antonio, Texas 78258,” by fax at (210) 832-3149, or by email at dmca@iHeartMedia.com and include the information required at iHeartMedia's Terms of Use, Section 23.

By accepting a prize, the winner(s) agrees that his or her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content.  Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.

3. JUDGING/GRAND PRIZE AND FIRST PRIZE WINNER SELECTION: On or about November 26th the Sponsor will designate a panel of judges to determine one winner.  Each entry shall be judged by the Sponsor (or judges as selected by Sponsor in its sole discretion) based on the following equally weighted criteria:

                        Judging Criteria

  • [DG1]Please note that we are no longer using the term “TMA or DMA”.  We are now referencing the state of residence along with the counties assigned to each station.  Please contact legal to complete this section.

    Example: 

    WHTZ

    …open to only to individuals who (i) are legal U.S. residents of the states of Connecticut, New Jersey, New York, and Pennsylvania residing within one of the following counties: Fairfield, CT; Bergen, NJ; Essex, NJ; Hudson, NJ; Hunterdon, NJ; Middlesex, NJ; Monmouth, NJ; Morris, NJ; Ocean, NJ; Passaic, NJ; Somerset, NJ; Sussex, NJ; Union, NJ; Warren, NJ; Bronx, NY; Dutchess, NY; Kings, NY; Nassau, NY; New York, NY; Orange, NY; Putnam, NY; Queens, NY; Richmond, NY; Rockland, NY; Suffolk, NY; Sullivan, NY; Ulster, NY; Westchester, NY; Pike, PA;

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