HOT 97 NOMINATE A HEALTHCARE HERO CONTEST
OFFICIAL CONTEST RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE.
MediaCo Holding Inc. d/b/a WQHT-FM and/or HOT 97 (“MediaCo” or “HOT 97”) is giving listeners an opportunity to nominate a “Healthcare Hero” a chance to win two (2) tickets to attend Summer Jam 2024 in the HOT 97 NOMINATE A HEALTHCARE HERO 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, along with the individual school that such individual represents (each a “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.
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.
CONTEST SPONSORS:
The sponsors of the contest are MediaCo and the Healthcare Education Project (“HEP”) (collectively, the “Sponsors”).
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 Sponsors to cancel, terminate, modify or suspend any Contest shall be final in all respects.
ELIGIBILITY:
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents of the states of New York, New Jersey and Connecticut who are at least eighteen (18)years of age or older at time of entry. 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 MediaCo, its parent companies, 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 a HOT 97 contest in the last fourteen (14) days or who have won prizes valued over Five Thousand Dollars ($5,000.00) 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. 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:
The Contest entry period begins on Monday, May 13, 2024, at approximately 10:00AM ET and ends Friday, May 24, 2024, at approximately 10:00AM ET (the “Entry Period”). Eligible Participants can enter in the following way:
Via the Internet:
During the Entry Period, any listener can submit a letter nominating a Healthcare Hero that is fighting for better healthcare in the community (the “Submission”). The Submission letter should be no more than two hundred and fifty (250) words in length. Participants can visit https://www.hot97.com/nyhjustice and follow the entry instructions regarding how the listener should submit their Submission letter.Participants may enter the Contest online one (1) time only.
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.
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 have the right to grant to any third party the right to use, reproduce, distribute, perform and display the Submission. All Submissions must have appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest.
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.
PROVISION OF WIRELESS NUMBERS TO THE STATION:
A Participant who signs up to receive text messages from Sponsors:
- authorizes Sponsors 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 Sponsors is reassigned to another person, the Participant will promptly notify Sponsors that such reassignment has occurred.
Message and data rates may apply. Sponsors are 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 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:
- 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;
- 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.
PRIZES:
There will be a maximum of one (1) prize-winning Submission selected from among all eligible Submissions received during the Contest Entry Period. The exact number of prize-winning Submissions will depend on the total number of Submissions received. Both nominator and nominee will each win a pair of tickets to attend Summer Jam 2024. The maximum aggregate prize value of all prizes that may be awarded in this Contest is Three Hundred Dollars ($300).
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.
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 anyone-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 received during the Entry Period will be judged by a panel of three (3) judges from the New York Alliance for Healthcare Justice (the “NYHJ Judges”). Eligible Submissions will be scored based on the following three (3) criteria categories:
CRITERIA WEIGHT POINTS AVAILABLE
Dedication to Community 50% 50
Persuasiveness of the Submission Letter 50% 50
In the unlikely event of a tie following initial judging by the NYHJ Judges, a new tie-breaker HOT 97 judge will review the tied Submissions and select one (1) winner of the tie based on the above-referenced criteria.
Winners will be contacted by Sponsors by email/phone on or about Tuesday, May 28, 2024.
HOW TO CLAIM A PRIZE:
Claiming the Prize:
The Sponsors have 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 return them along with a picture ID electronically within five (5) days. Alternatively, a winner may mail the required forms to HOT 97 at Attn: HOT 97 NOMINATE A HEALTHCARE HERO Contest, 48 W. 25th Street, 3rd Floor, New York, NY 10010. Participants acknowledge that any postal service mailing of the release forms to Sponsors may significantly delay the mailing of a prize. After receipt of all signed required releases and claim forms, Sponsors will mail the prize to the winner. Failure by the winner to return completed forms within five (5) days of receipt of the forms may lead to forfeiture of the prize. Notwithstanding the foregoing, if Sponsors do not receive the completed forms within seven (7) days, then the prize will automatically be forfeited. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe arrival. Sponsors may elect to change the method by which winner claims the prize. Should Sponsors change the method by which a winner claims the prize, Sponsors shall promptly inform winner of the new prize claim process.
Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize’s safe arrival. Prize winners must accept delivery of prize in the method as solely determined and designated by Sponsors. Prize shall be shipped to the designated winner residential address as provided at the time of entry and/or winner notification via USPS or other Sponsors designated shipping/mail carrier, or as otherwise designated by Sponsors. Allow up to approximately twelve (12) weeks for delivery. Once shipped, prize shall be considered awarded, delivered, and fulfilled, and Sponsors shall not be responsible for any prize shipment that is lost, late, delayed, undelivered, misdirected, misdelivered, damaged or stolen, or any incorrect shipping address provided by winner. In the event of any delivery issues, prize award shall not be replaced or substituted with any alternate prize award or compensation. Winner shall look solely to designated shipper/carrier and not to Sponsors for any delivery issues. Sponsors may elect to change the method by which winner claims the prize. Should Sponsors change the method by which a winner claims the prize, Sponsors 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: (1) a valid government-issued photo identification depicting proof of age; (2) proof of current employment in the healthcare field; and (3) 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.
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 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 ofthe Submission; (v) they are a current teacher employed by a New York City Department of Education (NYCDOE) public school; 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 and data, including but not limited to the Submission letter, provided to Sponsors in connection with Participant entering the Contest. Sponsors’ 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 Sponsors’ 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, Healthcare Education Project, 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, 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.
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 Sponsors 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.
LICENSE
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 theMaterials 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.
DISQUALIFICATION:
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 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, SPONSORS RESERVES 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 NOMINATE A HEALTHCARE HERO Contest Rules and/or Official Contest General Contest Rules, 48 W. 25th Street, 3rd Floor, New York, NY 10010. 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 NOMINATE A HEALTHCARE HERO Contest Rules and/or Official Contest General Contest Rules, Winners List, 48 W. 25th Street, 3rd Floor, New York, NY 10010.
MediaCo Holding Inc. d/b/a WQHT-FM
48 W. 25th Street, 3rd Floor
New York, NY 10010
Healthcare Education Project
498 Seventh Avenue
New York NY, 10018