HOT 97 4 MINUTES OF FIRE OFFICIAL CONTEST RULES
MediaCo Holding Inc. d/b/a WQHT-FM and/or HOT 97 (“MediaCo” or “HOT 97”) is giving HOT 97 followers a chance to being featured on HOT 97’s “4 Minutes of Fire” in the HOT 97 4 MINUTES OF FIRE CONTEST (the “Contest”). This Contest is governed by these Rules, as well as by MediaCo’s Official General Contest Rules (“General 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 (“Participant”) 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 MediaCo and by all other decisions of MediaCo which are final and binding in all matters relating to the Contest.
APPLICABLE LAW (VOID WHERE PROHIBITED):
The Contest is 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 SPONSORS:
The sponsor of the Contest is MediaCo (“Sponsor”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsor reserves 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 the Contest. The decision of any Sponsor to cancel, terminate, modify or suspend the Contest shall be final in all respects.
ELIGIBILITY:
Geographical, Age and Parental Consent Requirements: The Contest is open to legal United States residents of the continental United States, excluding residents of the State of Florida, who are physically located in the United States at the time of entry. Participants must be at least eighteen (18) years of age or older at the time of entry in order to participate in the Contest. Sponsor reserves 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 MediaCo, its parent companies, and any other entity involved in the sponsorship, development, production, implementation and distribution of the 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 the 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, cohabitation or other familial extension.
Past Prize Winners: Participants who have won a HOT 97 contest in the last thirty (30) days or who have won prizes valued over Six Hundred Dollars ($600.00) 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. Participants may be disqualified from entering this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
HOW TO ENTER:
The Contest begins on Friday, July 21, 2023 at approximately 12:00PM Eastern Time (“ET”) and ends on Friday, July 28, 2023 at approximately 11:59AM ET (the “Entry Period”). Eligible Participants can enter in the following way:
Via the Internet:
During the Entry Period, on Friday, July 21, 2023 through Friday, July 28, 2023, HOT 97 listeners will be directed to enter the Contest by visiting http://www.hot97.com/4minutesoffire (the “Website”) and following the instructions required to properly nominate a musical artist to be featured on HOT 97’s “4 Minutes of Fire” (the “Submission”).
Acceptance of Submissions: Participants acknowledge that Sponsor also reserves the right, but not the obligation, to include music submissions in the Contest that were received by Sponsor through any and all social media platforms prior to the beginning of the Entry Period. For purposes of the Contest, Eastern Time on any particular day shall mean the applicable local time in New York City, New York on that day. HOT 97’s computer system is the official timekeeping device with respect to all matters relating to the Contest.
Content Standards: Sponsor reserves the right to reject any Submission that the Sponsor in its sole discretion and acting in good faith determines to violate contemporary standards for the genre, including content that Sponsors conclude is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, violent, or that encourages conduct that would be considered a criminal offense. Any Submission that could give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable, contains any advertisement or solicitation for business, or is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless the Participant is the owner of such rights, has all permissions from the rightful owner(s) of such rights, including those who appear in any video uploaded, to submit the Materials (as defined below), and to grant Sponsor all of the License rights below, is also subject to Sponsor’s reserved right to reject the Submission.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and warrants that they are the exclusive owner of the copyright and all other proprietary rights in their Submission. Participant further represents and warrants that they are the sole creator and owner of the Submission, including any music or music video included therein, and they have the full legal right, power, and authority to grant to any third party the right to use, reproduce, distribute, perform and display the Submission; they own or control the complete exhibition and other rights to the Submission for the purposes contemplated in the License below; and the Materials (as hereinafter defined) or any use thereof, do not violate any law and do 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 these Rules, means any and all information, content, and data, including but not limited to the Submission, provided by the Participant to enter 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. All Submissions must have appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any submissions must be original material. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant agrees to indemnify, defend and hold Sponsor harmless. Sponsor may stream any Submission on-demand on Sponsor’s or their affiliates’ websites. Participant agrees that Sponsor is not responsible for paying any internet or other music royalties on any Submission.
License: By participating in the Contest, Participant irrevocably grants to Sponsor the perpetual right, without any liability to any person or entity, to reproduce, adapt, modify, transmit, distribute, communicate, make available, display and otherwise use the Submission and Materials 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 any additional notification, approval, consent or payment of any compensation to Participant in connection with this or any future Contest or any of Sponsors’ products, services or business interests.
Entries Are the Sole and Exclusive Property of Sponsor: All Contest entries and/or related submissions become the sole and exclusive property of Sponsor 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.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsor, 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.
PROVISION OF WIRELESS NUMBERS TO THE STATION:
A Participant who signs up to receive text messages from Sponsor:
- authorizes Sponsor to deliver or cause to be delivered, to the wireless number that the Participant provided, telemarketing messages using an automatic telephone dialing system;
- understands that he or she is not required to enter into this agreement or agree to enter into such an agreement as a condition of purchasing any property, goods, or services; and
- agrees that, if the wireless number provided to Sponsor is reassigned to another person, the Participant will promptly notify Sponsor that such reassignment has occurred.
Message and data rates may apply. Sponsor is not responsible for any fees incurred by a Participant who provides a wireless number in connection with the Contest.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is 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:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Inability to make a Submission;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsors’ computer network;
- 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;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries or winner notifications.
PRIZES:
There will be a total of one (1) non-cash prize awarded in this Contest, which shall be the winning Submission being featured on HOT 97’s “4 Minutes of Fire.” The maximum aggregate promotional value of the prize that may be awarded in this Contest is One Thousand Five Hundred Dollars ($1,500.00).
TAXES:
Participant prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over Six Hundred Dollars ($600.00) in MediaCo contest 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:
At the conclusion of the Entry Period, all Submissions will be reviewed by an individual member of the HOT 97 music department (the “HOT 97 Judge”). The HOT 97 Judge will select the Submission with the highest score to win the Contest prize. In the unlikely event of a tie between more than one Submission at the conclusion of the Entry Period, a new tie-breaker HOT 97 judge will review the tied Submissions and select one (1) winner of the tie based on the below-referenced criteria.
All eligible entries received during the Entry Period will be judged by one (1) HOT 97 Judge. Eligible Submissions will be scored based on the following three (3) criteria categories:
CRITERIA WEIGHT POINTS AVAILABLE
Lyrics and Flow 33% 33
Quality of Music and/or Video Production 33% 33
Artist’s Star Quality 34% 34
The Submission receiving the highest overall combined score by the HOT 97 Judge will be the unofficial Contest Winner, subject to verification. The unofficial Contest Winner will be notified by direct message, email, or phone call (the “Winner Notification”), on or about Monday, July 31, 2023.
Winner Verification: Prior to being declared an official winner of the Contest, the unofficial winning Participant must complete the verification steps within the time set forth in that Winner Notification. The verification steps include: (i) executing an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9; (ii) providing a valid government-issued photo identification depicting proof of age; and (ii) providing a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes.
By entering the Contest, Participant agrees to execute these verification documents if selected as an unofficial winner. 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. If a Participant who has not reached the age of majority in the jurisdiction in which the Participant resides is selected as an unofficial winner, a parent or guardian must comply with these winner verification requirements on behalf of the Participant before the Participant can be declared an official winner and the prize can be awarded.
Sponsor reserves the right to disqualify an unofficial winner that fails to comply with the verification steps in the timeframe provided and to select a substitute unofficial winning Participant in the same manner as the original unofficial winner was selected before any prize is awarded.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Sponsor has the right in its sole discretion to mail the prize to the winner. The winner will initially be sent the required releases and prize claim forms. Winner is required to first sign the required forms and then email a photograph of each signed release and prize claim form to Sponsor at promotions@hot97.com. Alternatively, a winner may mail the required forms to HOT 97 at Attn: HOT 97 “4 Minutes of Fire” Contest, 395 Hudson Street, 7th Floor, New York, NY 10014. Participants acknowledge that any postal service mailing of the release forms to Sponsor may significantly delay the mailing of a prize. 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. Sponsor may elect to change the method by which winner claims the prize. Should Sponsor change the method by which a winner claims the prize, Sponsor shall promptly inform winner of the new prize claim process.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (i) a valid government-issued photo identification depicting proof of age; and (ii) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsor reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsor’s sole discretion.
Winners are required to execute certain forms, including but not limited to an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement, and a completed IRS W-9 before any prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as a winner. 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: Any winner who fails to redeem, claim, or utilize the prize will forfeit the prize. MediaCo 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 Sponsor 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 Sponsor; (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 the Submission, including any music or music video included therein, and they have the full legal right, power, and authority to grant to the Sponsor the license provided for in these Rules; (v) they own or control the complete exhibition and other rights to the Submission for the purposes contemplated in the license; and (vi) 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 any and all information, content, and data, including but not limited to the Submission, provided by the Participant to enter 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 MediaCo WQHT License LLC, MediaCo Holding Inc., Emmis Radio, LLC, Emmis Communications Corporation, Emmis Operating Company, Hip Hop Has Heart, Inc. and 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 infringement of intellectual property rights, arising out of, involving or relating to their participation in the Contest, their Submission or the Materials, 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.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
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, including infringement of intellectual property rights, arising out of, involving or relating to their participation in the Contest, their Submission, the Materials, 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.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other Social Media Platform. By submission of an entry, Participant releases Facebook, Twitter, Instagram, and all Social Media Platforms from any responsibility or liability for the Contest’s administration, prizes or promotion. You are providing entry information to the Sponsor and not to Facebook, Twitter, Instagram and all Social Media Platforms.
PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to MediaCo and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant, the Submission, and 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 MediaCo and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s, including but not limited to the school at which the teacher is employed and on behalf of which the Submission was made, name voice, signature, photograph, image, likeness, distinctive appearance, gestures, mannerisms, the Submission, and/or and other personal/biographical material or their participation on-air.
DISQUALIFICATION:
All Participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges of 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 their 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 their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, a Participant understands and agrees that:
- the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
- any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of Indiana, without regard to the conflicts of laws and rules of Indiana;
- any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of Indiana, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
- if for any reason a claim or dispute regarding the Contest or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
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: HOT 97 “4 MINUTES OF FIRE” CONTEST Rules and/or Official Contest General Contest Rules, 395 Hudson Street, 7th Floor, New York, NY 10014. These Rules and the 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 “4 MINUTES OF FIRE” CONTEST Winners List, 395 Hudson Street, 7th Floor, New York, NY 10014.
SPONSOR:
MediaCo Holding Inc. d/b/a WQHT-FM
395 Hudson Street, 7th Floor
New York, NY 10014