WQHT HOT 97 OFFICIAL GENERAL CONTEST RULES
Any individual who enters, attempts to enter or in any way participates or attempts to participate
in any contest, sweepstakes or giveaway ("Contest") conducted by Emmis Radio LLC d/b/a WQHT Hot 97 ("Hot 97") (each such individual is hereinafter referred to as a "Participant") agrees to be bound by
the terms and conditions provided in these Official General Contest Rules ("General Rules"), as well as
by Hot 97's interpretations of these General Rules which are final and binding in all matters relating to
any Contest. Some Contests will have specific rules developed for them ("Specific Contest Rules"). In
the event there is a discrepancy or inconsistency between these General Rules and the Specific Contest
Rules, the Specific Contest Rules shall control.
NO PURCHASE NECESSARY:
Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also 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.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Hot 97 reserves the right to cancel, terminate, modify or suspend any Contest if the Contest 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 Hot 97 to cancel, terminate, modify or suspend any
Contest shall be final in all respects.
CONTEST DESCRIPTIONS:
All Hot 97 Contests will be described through electronic, print or on-air advertising or promotion
and governed by these General Rules unless the Contest has Specific Contest Rules developed for it.
ELIGIBILITY:
Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each
Contest is open to legal residents of the states of New York, New Jersey, Connecticut and Pennsylvania,
who are at least 14 years of age or older at time of entry. If a 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 a Contest.
Contest Entity and Immediate Family Member Disqualification: The officers, directors,
employees, contractors, and agents of Hot 97, Emmis Communications Corporation, Emmis Operating
Company 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 (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 may only win a Contest once every thirty (30) days.
However, where a Participant has won a prize valued over $600, the Participant is ineligible to win
another prize for a period of twelve (12) months. Participants who have won a Hot 97 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:
Methods: Contest entries may be submitted as advertised or otherwise prescribed by Hot 97 for
the Contest. Generally, these will involve all or some of the following entry methods: (1) toll-free
telephone; (2) toll-free facsimile; (3) postal mail; (4) electronic mail; (5) drop box; (6) web entry; or (7)
text entry to short code 75759. Where entry is available via electronic mail, web or texting, participation
is limited to Participants who had access to electronic mail, the internet, and/or text messaging (as
applicable) prior to the beginning of the Contest.
Entry Period: Entries must be made during the time periods advertised or otherwise prescribed
for each Contest (the "Entry Period") and, unless otherwise stated, will require at a minimum the
Participant's name, address, daytime telephone numbers and age.
Entries Are the Sole and Exclusive Property of Hot 97: All Contest entries and/or related
submissions become the sole and exclusive property of Hot 97 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: Hot 97 is 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 Hot 97. Multiple Entries: Unless otherwise limited by Hot 97, multiple entries are permitted.
However, for text-message entry Contests, unless otherwise stated, multiple entries are prohibited and
participation is expressly limited to one text per Participant and per wireless account.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Hot 97,
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.
SPECIFIC ENTRY-METHOD RULES:
Telephone Entry Contests: If a Contest accepts telephone entries, all calls must be made to the
call-in number(s) as designated on-air. Generally, this number will be 1-800-223-9797, 1-212-229-9797 and text 7-5-7-5-9. The criteria for winning will generally also be
given at that time. Only completed calls made to the designated number during the designated time
period will be eligible to win or qualify to win.
Hot 97 may record and/or broadcast a Participant's name, voice and the substance of all or any
portion of the call. Except where prohibited by law, any call-in Participant acknowledges that such
recording and use may occur and grants Hot 97 permission to record and use such recording without any
additional communication with and compensation to Participant.
Facsimile, Postal Mail and Electronic Mail Entries: If a Contest accepts facsimile, postal
mail or electronic mail entries, all entries must be received by Hot 97 by the Entry Period deadline.
Unless otherwise stated, facsimile entries should be sent to1-800-223-9797, 1-212-229-9797 and text 7-5-7-5-9; mail-in entries should be sent via first class United
States mail only (overnight mail and courier are not permitted) addressed to Hot 97, Contest Entry
(include the name of the Contest), 395 Hudson Street, 7th Floor, New York, NY 10014; and electronic
mail entries should be sent to the email address designated during the Contest advertisement or
announcement. The electronic mail account holder will be deemed the Participant for any electronic
mail entries.
Only one Contest entry is permitted per envelope for a mail-in entry.
Drop Box Entries: If a Contest accepts entry forms by deposit in an entry box, entries must be
deposited in an official entry box by the announced deadline. Unless otherwise stated, no purchase is
necessary in order to deposit an entry in the official entry box. Only official entry forms will be
considered, and entries on reproduced forms will be disqualified.
Web Entries: If a Contest accepts web entries, Participants must accurately complete all
required fields or the entry will be deemed incomplete and will not qualify.
Text Message Entries: If a Contest accepts text-message entries, unless otherwise stated, textmessage
entries should be sent to short code 75759. Proof of texting is not considered proof of entry.
Hot 97 cannot guarantee this program will be available via all wireless carriers. The text-message
portion of any Contest will be available on participating wireless carriers only and requires a two-way text-message capable wireless device. Wireless device carrier's instructions for text-messaging may
vary.
Unless otherwise limited by Hot 97, multiple text-message entries are prohibited for any Contest
and participation is expressly limited to one text per Participant and per wireless account. If more than
one text-message entry is received from a wireless account, only the first entry received will be
considered.
Unless otherwise noted, standard text messaging rates will apply to any text-message entry.
Each Participant's wireless service provider may charge such Participant for each text message sent and
received by such Participant in entering into any Contest. Participants should avoid participating in any
Contest where their wireless service provider charges any fee for such participation.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of Hot 97 or other Contest Entity,
Hot 97 and the other Contest Entities are not responsible for any problems which affect, or result from,
Participation or attempted Participation in the Contest. This includes, but is not limited to, the following problems:
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 Hot 97's 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.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE
AND COVENANT NOT TO SUE Emmis Radio LLC d/b/a WQHT Hot 97, 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.
ODDS OF WINNING:
The odds of winning any Contest and/or prize will depend upon the number of Contest
Participants.
PRIZES:
The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will
be announced for each Contest separately. No transfer, assignment or substitution of a prize is
permitted, except Hot 97 reserves 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.
Hot 97 reserves the right to substitute a prize of equal or greater value if the awarded prize in
unavailable for any reason. If tickets to an event are awarded as a prize, Hot 97 is not responsible for
any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund
or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not
issued. Should travel be part of the prize, Hot 97 is 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.
TAXES:
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.
WINNER SELECTION:
Prize winners will be selected per the criteria announced for the Contest. If the Contest requires
Participants to answer trivia, provide information or otherwise perform in some manner to participate
and qualify to win, the decisions of Hot 97 and/or the other judges will be final as to all matters
including the accuracy and/or completeness of the answer, as well as the quality of the information or
other performance. If a winner is unable to be notified for any reason for any amount of time, the
applicable prize may be forfeited and awarded to an alternate winner.
HOW TO CLAIM PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize at Hot 97's business
office located at 395 Hudson Street, 7th Floor, New York, New York 10014. The prize may be picked up
any time between the hours of 9:00 a.m.-5:00 p.m. (Eastern Standard Time) Monday-Friday, excluding
holidays. From time to time, in its sole discretion, Hot 97 may agree to mail the prize. In the event that
a prize is mailed to the winner, the winner will initially be sent any 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 may lead to forfeiture of the prize. 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 taxreporting
purposes. Hot 97 reserves the right to deny awarding the prize if the winner fails to provide
satisfactory identification, as determined in Hot 97's sole discretion.
Winners, and, to the extent the winner is a minor then their parent(s) or legal guardian(s) as well,
may be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a
Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute these
documents if selected as a winner in order to receive their prize. If the prize is travel tickets involving
travel partners, the travel partners will be required to meet minimum age eligibility requirements and to
execute an Affidavit of Eligibility/Release of Liability prior to receiving the companion travel ticket.
Except where prohibited by law, failure to execute any of these documents or comply with any of these
terms will result in forfeiture of the prize.
Prize Forfeiture: Unless otherwise stated, winners shall have thirty (30) days from the date of
selection to claim and pick up their prize. Failure to claim and pick up prize within this time for any
reason will result in forfeiture of the prize. Hot 97 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.
PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Hot 97 and
the other Released Parties (as defined above) permission to, from time to time, reference and discuss
Participant and Participant's participation in the Contest for any purpose. Such reference and discussion
may involve, but is in no way limited to, Participant's name and voice, other personal/biographical
material or the contents of their participation and contest entry. Hot 97 and/or the Released Parties deem
proper. These references, discussion and use of likeness may be made on-air, on the Hot 97 and/or other
Released Parties' website(s), in photographs, video recordings, digital images, audio recordings, as well
as in publications, newsletters, news releases, other printed materials, and in other materials made
available on the Internet or in other media now known or hereafter developed.
DISQUALIFICATION:
All participants agree to be bound by these General Rules. Non-compliance with any of these
General Rules will result in disqualification and all privileges as a Participant will be immediately
terminated. Hot 97, in its sole discretion, further reserves 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, HOT 97 RESERVES THE RIGHT TO SEEK DAMAGES FROM
ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY
LAW.
RULES CHANGES AND INTERPRETATIONS:
Hot 97 reserves the right in its sole discretion to supplement or make changes to these General
Rules as well as the rules of any contest at any time without notice. Hot 97 reserves 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 New
York, 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 New York 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 OFWINNERS:
Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by
sending a self-addressed stamped envelope to: Hot 97 Official Contest General Contest Rules (or the
Specific Contest Rules), 395 Hudson Street, 7th Floor, New York, New York 10014. These General
Rules may also be found at www.Hot97.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: Hot 97 [Contest
Name]'s Winners List, 7th Floor, 395 Hudson Street, New York, New York 10014.
I/2088555.3