12 Listeners’ Club Contest Rules
12 Listeners’ Club Terms
Terms and conditions
The Mix 106 12 Listeners’ Club (the “Service”), operated by Townsquare Media, LLC, and (Mix 106) (“we,” or “us”) is provided to you (“you,” “your” or “User”) under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the “Terms and Conditions”). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are local residents and who are 18 years of age or older. Participant must reside in the Station metro survey area as defined by Nielsen Audio. Employees of the Station, the Station’s licensee, Sponsor, their parent, subsidiary, and affiliated companies, their advertising or promotional agencies, and participating sponsors (collectively, “Promotion Entities”), other radio stations in the Station’s metropolitan area, the members of their immediate families and those living in the same household of each (whether related or not), are ineligible to enter or win. “Immediate family” members include spouses, children, step-children, parents, step-parents, siblings and step-siblings. No groups, clubs, or organizations may participate. This contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
Requirements of Potential Winners
Winners will be solely responsible for all taxes and all other expenses not specified herein associated with the receipt and use of the prize. The prize is awarded as is, and the Promotion Entities have neither made nor are responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, with the exception of any standard manufacturer warranty that may apply to the prize. Additional restrictions may apply. Prize is subject to availability. The winner must sign and return to Sponsor an affidavit of eligibility/ publicity and liability release form prior to accepting the prize, as described below. If any prize related event is unable to take place as scheduled, for any reason, the Sponsor’s sole responsibility to the winner will be to award the remaining available portion of the prize and no substitution or compensation will be provided for the unawarded portion of the prize. Sponsor reserves the right to remove or to deny the prize to the winner, if winner engages in disruptive or unruly behavior or in any manner with intent to annoy, abuse, threaten or harass any other person associated with the prize.
If the prize is a gift card or certificate will be subject to the terms and conditions as set forth by the issuer of the gift certificate and will expire on the date specified.
All prizes or prize certificates must be picked up at the office of the local Station. The winner will forfeit any prize or prize certificate not claimed within thirty (30) days of winning, unless the prize is time sensitive, and expired or takes place within that period, in which case, the prize must be picked up within that date. Proof of ID must be shown.
There is no substitution, transfer or cash equivalent for prizes, except that the Sponsor may, at its sole discretion, substitute prizes or cash of comparable value.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household are permitted. If you are less than 18 years of age you cannot post information about yourself on the website or complete the registration process. You can, among other things, review the Terms and Conditions as amended from time to time, in the footer of the website.
You will create a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
1. No Purchase Required to Enter or Win
2. Eligibility: Townsquare Media LLC Giveaways (the “Giveaways”) are open only to individuals who are legal residents of the 48 contiguous states who are 13 years of age or older (18 or older if a resident of Maine). Employees of Townsquare Media LLC, their advertising or promotion agencies, those involved in the production, development, implementation or handling of Giveaways, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the Giveaways (collectively “Giveaway Entities”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All U.S., federal, state and local laws and regulations apply. Void in Quebec, Puerto Rico and where prohibited by law.
3. Sponsor: The sponsor of the Contest is Townsquare Media LLC (the “Sponsor”) with offices at 240 Greenwich Avenue, Greenwich, CT 06830.
4. Agreement to Official Rules: Participation in the Giveaway constitutes entrant’s (or his or her parent or legal guardian if the entrant is under the legal age of majority in their home state) full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. Entry Period: The start and end dates/times of each Giveaway (the “Entry Period”) will be posted on the applicable Giveaway site.
6. Entry: To enter a Giveaway, follow the instructions on the Giveaway site. Submission will result in one (1) entry. The number of times you can enter the Giveaway will be posted on the applicable Giveaway site. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
7. Drawing: At the conclusion of the Entry Period, Sponsor will select the names of the potential winners in a random drawing of all eligible entries received during each Entry Period. The number of winners to be selected in a specific Giveaway will be posted on the applicable Giveaway site. The odds of being selected as a potential winner depend on the number of eligible entries received during the Entry Period. Potential winners will be contacted via email and will be asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate potential winner in his/her place at random from all entries received during the Entry Period. Limit one (1) prize per household per Giveaway.
8. Requirements of the Potential Winners: If a potential winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize will be awarded to the minor or the minor’s parent or legal guardian. Except where prohibited, the potential winners (or their parent/legal guardian in the case of a minor) may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner (or their parent/legal guardian in the case of a minor) fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received.
9. Prize(s): The prize(s) (including each prize’s approximate retail value) available to be won in a specific Giveaway will be posted on the Giveaway site. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winners (or their parent/legal guardian in the case of a minor) are responsible for any taxes and fees associated with receipt or use of a prize.
10. General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual for any reason whatsoever, including but not limited to individuals it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. Release and Limitations of Liability: By participating in the Giveaway, entrants (and parent/legal guardian if entrant is a minor) agree to release and hold harmless the Sponsor and Giveaway Entities from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) 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 Giveaway or receipt of any prize. Entrant (and parent/legal guardian if entrant is a minor) further agrees that in any cause of action, the Sponsors’ and Giveaway Entities’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Sponsor or the Giveaway Entities be liable for attorney’s fees. Entrant (and parent/legal guardian if entrant is a minor) waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s (and parent/legal guardian’s if entrant is a minor) rights and obligations, or the rights and obligations of the Sponsors in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
13. Giveaway Results: To request the name of the winners, send a separate, self-addressed stamped envelope (stating the specific Giveaway you are requesting the winners for) to Townsquare Media List, c/o Townsquare Media LLC, 240 Greenwich Avenue, Greenwich, CT 06830. Requests must be received within thirty (30) days from the end date of the applicable Giveaway.
14. Uploading Media: If the contest includes uploading media – including but not limited to pictures, videos or audio – entrant gives Townsquare Media, LLC unconditional license to use such pictures, video or audio without limitation.
Gaming, Fraud or Abuse
Gaming, fraud or abuse relating to the redemption of Rewards may result in the termination of your account. You are solely responsible for any fraudulent use of your account that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service or participate in any aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER’S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, QUIZZES ANSWERS, COMPLETING SURVEYS, OR ENTERING CONTESTS FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY’S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the use of Rewards, or other participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state, without giving effect to any conflicts or choice of laws rules (whether this state or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Townsquare Media, LLC and/or its licensors, which reserves all rights to such property.