Z88.3 Evenings Birthday Giveaway Rules
In compliance with the state of Florida § 849.094(3), F.S. and 47 C.F.R. § 73.1216 of the FCC Rules and Regulations, the essential terms of the contest to win one (1) Z88.3 Evenings T-Shirt and one (1) complimentary cupcake at any Central Florida 4Rivers Smokehouse Location on Wednesday, March 13, 2019 are as follows:
1. How to Enter or Participate: The announcement for the giveaway will be made on Z88.3. The winner is the twelfth (12) completed caller into the Z88.3 studio willing to be recorded in order to be on the radio at 407-682-8888 when the announcement is made. The winner is asked to cooperate with any on-air hijinks and/or faux game that the on-air announcer(s) may play with the winner to enhance the on-air fun. Participation in the hijinks / faux game isn’t mandatory to win, but is strongly encouraged.
2. Eligibility Instructions: You must be a Florida resident to win and willing to be recorded to be on the radio. No purchase necessary. One winner per household. Employees of Z Ministries, Inc., affiliated organizations, and their family members are not eligible to win. The prize is non-transferable. Odds of winning depend on the number of people who call in to win during the contest.
3. Entry Deadline Dates: The contest is scheduled up to eight times on Wednesday, March 13, 2019.
4. Whether Prizes Can Be Won: Each winner will receive one (1) Z88.3 Evenings T-Shirt and one (1) complimentary cupcake at any Central Florida 4Rivers Smokehouse Location.
5. When Prizes Can Be Won: The contest is scheduled up to eight times on Wednesday, March 13, 2019. The prize must be picked up by the winner with a valid photo ID at the Z88.3 Studios located at 1065 Rainer Drive, Altamonte Springs, FL 32714. Monday – Friday, from 8:00 a.m. – 5:00 p.m. (Closed: Weekends and Holidays.). Prizes must be picked up within thirty (30) days of winning or be forfeited.
6. The Extent, Nature and Value of the Prize: The prize is one (1) Z88.3 Evenings T-Shirt and one (1) complimentary cupcake at any Central Florida 4Rivers Smokehouse Location. Complimentary vouchers and certificates are not transferable and have no cash value. All unclaimed and/or unused vouchers or certificates provided by 4Rivers Smokehouse shall remain the property of 4Rivers Smokehouse and cannot be sold, bartered or exchanged. Parking and transportation are not included.
7. The Basis for Valuation of the Prize: Complimentary vouchers and certificates are not transferable and have no cash value. All unclaimed and/or unused vouchers or certificates provided by 4Rivers Smokehouse shall remain the property of 4Rivers Smokehouse and cannot be sold, bartered or exchanged. Any tax liability is the responsibility of the winner.
8. Time and Means of Selection of Winners: The contest is scheduled up to eight times on Wednesday, March 13, 2019. The winner will be the twelfth (12) completed caller to the studio that is willing to be recorded to be broadcast on the radio. A list of winners’ names is available upon request within 30 days after the end of the contest by contacting the Z88.3 Promotions Department during normal business hours.
9. Tie Breaking Procedures: 3 is not responsible for any malfunction of any phone system. The winner is the twelfth (12) completed caller. If the call is lost before a potential winner’s name, address, and phone number are obtained, Z88.3 will abandon that call and attempt to take the next caller in-line as the winner. Z88.3 management has the right to suspend, cancel, postpone, or reschedule the contest for any reason. The prize (s) were donated to Z88.3 and there are no warranties expressed or implied.
10. Limitation of Liability: All prizes are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED ANY PRIZE AWARDED, WHETHER BETWEEN SUCH ENTRANT AND EITHER THE SPONSOR, OR RADIO STATION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND NO SUCH DISPUTE, CLAIM OR CAUSE OF ACTION MAY BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES; LOST REVENUES; AND/OR LOST PROFITS, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT HAVE ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; (3) NO AWARD OR DECISION SHALL BE GIVEN PRECLUSIVE EFFECT AS TO THE ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE NOT A PARTY TO THAT DISPUTE OR LITIGATION AND (4) ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO ENTRANTS IN SUCH JURISDICTIONS.
GOVERNING LAW: These Rules are governed by and shall be construed in accordance with the laws of the State of Florida (without regard to conflicts of law principles).
MISCELLANEOUS: If any provision of these Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Rules or any provision hereof.