Z88.3 FM® Fun Spot 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 admission for four (4) to Fun Spot Orlando OR Fun Spot Kissimmee, contest beginning Monday, November 1, 2021 through Tuesday, November 30, 2021, excluding Thursday, November 25, 2021 are as follows:
1. How to Enter or Participate: The announcement for the giveaway will be made on Z88.3 FM®. The winner is the twelfth (12) completed caller into the Z88.3 FM® studio willing to be recorded in order to be on the radio at 407-988-0883 or toll-free 888-297-8080 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 have their voice recorded for on-air. No purchase necessary. One winner per household. Employees of Z Ministries, Inc., affiliated organizations, prize provider, and their family members are not eligible to win. The prize is non-transferrable. 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 two times a day and up to one time a day on weekends, starting Monday, November 1, 2021 through Tuesday, November 30, 2021, excluding Thursday, November 25, 2021.
4. Whether Prizes Can Be Won: Each winner will receive admission for four (4) to Fun Spot Orlando OR Fun Spot Kissimmee. Parking and transportation are not included.
5. When Prizes Can Be Won: The contest is scheduled up to two times a day and up to one time a day on weekends, beginning Monday, November 1, 2021 through Tuesday, November 30, 2021, excluding Thursday, November 25, 2021. Prize winners must complete the prize mailing request form to receive their prize. Admission for four (4) to Fun Spot Orlando (located at 5700 Fun Spot Way, Orlando, FL 32819) OR Fun Spot Kissimmee (located at 2850 Florida Plaza Blvd, Kissimmee, FL 34746) will be mailed to the address provided by the winner at https://zradio.org/prizemailingrequest/. Prize Mailing Request form must be filled out within thirty (30) days of winning or be forfeited. Z88.3 FM® is not responsible should the prize be forfeited, lost and/or damaged in the mail. It is up to the winner to contact the Z88.3 FM® Promotions Department within 5 (five) business days of winning if tickets have not been received by mail.
6. The Extent, Nature and Value of the Prize: Each winner will receive admission for four (4) to Fun Spot Orlando OR Fun Spot Kissimmee. The approximate value of this prize is $195.80. Any tax liability is the responsibility of the winner. Parking and transportation are not included.
7. The Basis for Valuation of the Prize: Fun Spot America™ ticket pricing is $48.95 per ticket, times four tickets, would be approximately $195.80. Tickets will expire on the date listed on the tickets and cannot be extended. Parking and transportation are not included. Any tax liability is the responsibility of the winner.
8. Time and Means of Selection of Winners: The contest is scheduled up to two times a day and up to one time a day on weekends, beginning Monday, November 1, 2021 through Tuesday, November 30, 2021, excluding Thursday, November 25, 2021. 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 FM® Promotions Department during normal business hours.
9. Tie Breaking Procedures: Z88.3 FM® 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 FM® will abandon that call and attempt to take the next caller in-line as the winner. Z88.3 FM® management has the right to suspend, cancel, postpone, or reschedule the contest for any reason. The prize (s) were donated to Z88.3 FM® 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. Winners and their guest acknowledges that there is always a risk of contracting COVID-19 even while practicing CDC guidelines in a public space, such as, but not limited to a theme park and environs, and therefore agrees to indemnify and holds harmless both Z88.3 FM® and Fun Spot America™.
COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and participants with underlying medical conditions are especially vulnerable.
By visiting Fun Spot Orlando OR Fun Spot Kissimmee the winner and guests recognize the risk stated above, and voluntarily release Z88.3 FM® from and assume all risks related to exposure to COVID-19 and acknowledge that Z88.3 FM® or Fun Spot America™ have not screened participants for COVID-19 via viral or antibody testing; and the winner and guests represents to other participants that they have not recently experienced symptoms of COVID-19.
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.
Trademarks and registrations are owned by the perspective parties.