8. Contest entrants are responsible for submitting contest qualifying photos of themselves via e-mail to St. Charles Harley-Davidson/Big St. Charles Motorsports and/or Emmis Communications with the understanding that these photos are to be voted on/judged by the afore mentioned entities for qualification into the contest, along with being voted on/judged by the general public post contest qualification, both within media and in-person at the physical business location of St. Charles Harley-Davidson/Big St. Charles Motorsports for the grand finale contest on September 19, 2013. St. Charles Harley-Davidson/Big St. Charles Motorsports and Emmis Communications, specifically KSHE 95 radio, own any and all rights of said photography for any and all media and promotional usage now and in the future.
9. Contest entry photos must not contain nudity.
10. St. Charles Harley-Davidson/Big St. Charles Motorsports (and all their affiliated companies) and Emmis Communications (and all their affiliated companies) are not liable, responsible, or open to any litigation or legal ramifications by any person/persons, companies, charities, groups, or organizations for improper or fraudulent entry and/or identification into the Big Cougar Contest.
11. By entering the St. Charles Harley-Davidson/Big St. Charles Motorsports and Emmis Communications/KSHE 95 “Big Cougar Contest”, you (entrant) agree to all contest rules and guidelines herein, and by entering are also acknowledging that you (entrant) have completely read and understand all the contest rules and guidelines herein.
12. June Entry Cutoff is 6/16. June Voting is from 6/17-6/30. July Entry Cutoff is 7/14. July Voting is from 7/15-7/28. August Entry Cutoff is 8/11. August Voting is from 8/12-8/25. September Entry Cutoff is 9/08. September Voting is from 9/09 to 9/15.
OFFICIAL BIG COUGAR CONTEST RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE.
Big St. Charles Motorsports, LLC d/b/a St. Charles Harley-Davidson KSHE 95/Emmis have teamed up to give KSHE95/Emmis listeners a chance to win a vacation and/or $500 in the Big Cougar Contest. This Contest is governed by these Rules, as well as by Emmis’ Official General Contest Rules. In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest, St. Charles Harley-Davidson agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by Emmis and by all other decisions of Emmis which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsors of the contest are St. Charles Harley-Davidson and Emmis.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
The Contest begins at 12:00am CST on 5/22/13 and ends on 12:00am CST 9/20/13. During the Entry Period, (see General Rules above).
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents who are at least 35 years of age or older at time of entry (unless otherwise specified). Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsors reserve the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis Operating Company, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won an Emmis Contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
(See General Rules Above)
Via the Internet:
During the Entry Period eligible participants can go to www.bigcougarcontest.com and follow the entry instructions. All participants must accurately complete all required fields or entry will be deemed invalid. In order to participate you will need Internet access and a valid email address. Limit one entry per person.
Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsors upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Sponsors are not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Sponsors.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Contest, including, but not limited to the following:
1. Incorrect, incomplete or inaccurate entry information;
2. Human errors;
3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
4. Inability to send a text-message;
5. Identity theft;
6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
7. Network hackers or other unauthorized access to Sponsors' computer network;
8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
9. Printing errors;
10. Equipment malfunctions; and
11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
$500 prize to grand prize winner and vacation package to top three finalists. No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Sponsors are not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.
Sponsors are not responsible for any cancellation or rescheduling of the performance for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the performance not be rescheduled or vouchers not issued.
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
JUDGING CRITERIA/WINNER SELECTION:
All eligible entries will be judged on weekly online by the public and then by a panel of judges based upon the following criteria: Entrants physical appearance. The Participant receiving the highest score will win the Contest. Winner(s) will be contacted by Sponsors by phone and e-mail on or about the entire promotion dates listed above.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize within thirty (30) days at St. Charles Harley-Davidson business office at 3808 West Clay St., St. Charles, MO 63301. The prize may be picked up any time between the hours of 9:00 a.m. - 5:00 p.m. Central Standard Time Monday-Friday but excluding holidays. The Sponsors have the right in their sole discretion to mail the prize to the winner. Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize's safe arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsors reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors' sole discretion.
Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from Emmis, will forfeit the prize. Emmis reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that: (i) they meet the residency and age requirements at the time of entry; (ii) they will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; (iii) they waive any rights to claim ambiguity with respect to these Rules and the General Rules; (iv) they are the sole creator and owner of their photos submitted; and (v) the Materials (as hereinafter defined) or any use thereof, shall not violate any law and shall not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy). “Materials,” as used in this subsection means advertising, media use, photography, or any related materials to the contest. Sponsor’s acceptance and/or utilization of the Materials hereunder shall not constitute a waiver of Participant’s representations, warranties or agreements in respect thereof, or a waiver of any of Sponsor’s rights or remedies.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE St. Charles Harley-Davidson, Emmis, Emmis Communications Corporation, Emmis Operating Company, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Emmis and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Emmis and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
By participating in the Contest, Participant irrevocably grants to Sponsors the perpetual right, without any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available and otherwise use the submitted contest photos throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without payment of any compensation to Participants in connection with the Contest.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsors reserve the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of Missouri, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Missouri and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: Big Cougar Contest. Rules and/or Official Contest General Contest Rules, 3808 W. Clay St, St. Charles, MO 63301. These Rules and the General Rules may also be found at www.bigcougarcontest.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: Big Cougar Contest's Winners List, 3808 W. Clay St., St. Charles, MO 63301.
Big St. Charles Motorsports LLC, d/b/a St. Charles Harley-Davidson
3808 W. Clay St.
St. Charles, MO 63301.
401 S. 18th St., Suite 100
St. Louis, MO 63103