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$10,000 Birthday Game Contest Rules



These contest-specific rules should be read in conjunction with Alpha Media’s General Contest Rules, which are applicable to all contests conducted by Alpha Media Holdings LLC and/or its subsidiaries (including licensee subsidiaries).

  1. Promotional Period: The BAY-FM $10,000 Birthday Game (the “Promotion”) begins on or around Monday, January 8, 2018 at 8:30am PST and ends on or around Friday, December 21, 2018 at 8:30am PST (the “Promotional Period”), or on the occasion that all 241 contest occasions have been played on or before the end date.
  2. Entry Deadline: The deadline to call and play is 8:30am PST on Friday, December 21, 2018.3. Eligibility Restrictions: The Promotion is open to all legal residents of the United States and the District of Columbia (except NY and FL) who are 18 years of age or older at the time of entry and who live in Santa Clara, San Mateo, Alameda, San Francisco, Contra Costa, Marin, Santa Cruz, San Benito, and outlying areas in California. Employees of 94.5 BAY FM / KBAY (the “Station”), its parent, subsidiary, and affiliated entities, its advertising agencies, SCA promotions, participating sponsors/promotional partners, other broadcast stations in the Station’s listening area, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win.  This Promotion is subject to all applicable federal, state, and local laws and regulations.  Void outside the United States, in NY and FL, as applicable, and where prohibited.

No limits on how many times an individual can enter and win this contest. However, winners may be subject to taxation if $600 or more is won within a year.

Winners must provide valid government issued ID and valid social security card to claim prize. Winners will also be required to fill out a W-9 form including social security number and valid address. This form and information will be used for tax purposes only.

Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent.  The Station will disqualify any entry from any individual who does not meet the eligibility requirements, and will also delete any entry as required by law.

Entrants must be 18 years or older at the time of participation.

  1. Entry Method: To participate in the Promotion, you may enter via the following method(s).

VIA TELEPHONE – On-air personality (Bruce Scott), will call out a MONTH, and entrant/listener with a matching birth month must be caller number nine (9) at 1-800-948-5229.  At the time of their call entrants must provide all requested information, including their first and last name, complete postal address (street, city, state, and zip code), email address, telephone number, and date of birth.  Use of any device to automate entry is prohibited.  Proof of submission of an entry shall not be deemed proof of receipt by Station.  The contest/sweepstakes administrator’s telephone system is the official time keeping device for the Promotion.

  1. Prizes: Caller nine (9) with matching birthday MONTH will receive an instant prize valued at $0.00 – $200.00. Same entrant with matching birthday DAY will win $1,000, to be awarded via check. Same entrant with matching birthday YEAR will win $10,000, to be awarded via check. UNCLAIMED PRIZES WILL NOT BE AWARDED. Prize(s) will only be awarded upon winner validation and verification. Decisions of judges are final. Taxes, fees or other charges, if any, are the sole responsibility of winner(s). By accepting a prize, winner(s) release and discharge Sponsor, its affiliated companies, participating sponsors, information providers, content providers, subsidiaries, advertisers, advertising agencies, promotional and marketing agencies, and any other companies involved with or otherwise providing services related to this Promotion, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Promotion
  2. Odds of Winning: To win instant prize, depends on number of callers at the time of the contest. Odds of an entry being identical to its Prize Determination Number are approximately 17,520 ($10,000 Prize)/365 ($1,000 Prize)/30.41.
  3. Winner Selection and Notification:

Decisions of Station management with respect to the Promotion are final.

Winner(s), if any, will be notified at the time of contest. If day and year of the birth date of the contestant submitted by Sponsor to the Promotion Software on a given day of the Promotion and stored in the Audit Log is identical to the Prize Determination Number for that day and stored in the Audit Log for the same attempt, then SCA will pay to Sponsor the Prize Level A, subject to verification by SCA and the Maximum Aggregate Liability set forth below, If day of the birth date of the contestant submitted by Sponsor to the Promotion Software on a given day of the Promotion and stored in the Audit Log is identical to the first two (2) digits of the Prize Determination Number for that day and stored in the Audit Log for the same attempt, then SCA will pay to Sponsor the Prize Level B, subject to verification by SCA and the Maximum Aggregate Liability set forth below. If a contestant’s actual birth date is earlier than the earliest birth date in the Birth Date Range, the contestant’s birth year will be deemed to be the earliest full year in the Birth Date Range, for purposes of this contract.

WINNER VERIFICATION: In the event of a claimed winning occurrence, in order to verify the claimed winning entry, SCA, using the appropriate public key provided by the random number generator, must be able to validate (i) that the key sequence in the Audit Log validates properly by validating each key within the Audit Log back to and including the initial key, (ii) each and every record within the relevant key’s domain within the Audit Log, and (iii) that the number of records in the Audit Log for this Promotion do not exceed the number of attempts permitted in this contract. The relevant key is the key in whose domain is located the record for which a winning claim is being made. Final winner verification is subject to the validation of the random number generator’s digitally encrypted Audit Log.

  1. Conditions:a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). Winner(s) will be required to complete and submit an IRS Form W-9 or the equivalent including a winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by the station conducting the Promotion (in combination with any prizes won in Promotions run by any other Alpha radio station) in a calendar year with an aggregate value of $600 or more.  Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.b. Participating in the Promotion and acceptance of a prize constitutes a winner’s and guest’s (where applicable) permission for the Alpha or its agents to photograph, film and record each winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, Alpha may, where legal, require a winner (and guest or travel companion, where applicable) to sign a publicity release confirming such consent prior to acceptance of the prize.  It is the responsibility of the winner(s) to ensure that their guest(s) or travel companion(s) sign and return any required release.  In the case of a conflict in this paragraph 3 b and any similar paragraph in contest specific rules the general specific rules will govern.c. To the fullest extent permitted by law, by participating in the Promotion, you:i. agree to grant Alpha a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of your contest entry (the “Materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to you or any third party;

    ii. acknowledge that Alpha reserves the right, in its sole discretion, not to use the Materials at all; and

    iii. represent and warrant that: you are at least as old as the age of majority in your state; you have the full legal right, power and authority to grant to Alpha the license provided for herein; you own or control the complete exhibition and other rights to the Materials you submitted for the purposes contemplated in this license; you are either the parent (or legal guardian) of any minor featured in the Materials or have received the express consent of the parent (or legal guardian) for any such minor to appear in the Materials and to enter the minor’s likeness in the Materials in the contest; and neither the Materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

    d. Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the Promotion, Alpha in its sole discretion may require verification of Promotion winner’s or winners’ identification by a showing of valid government-issued photo identification.

    e. To the fullest extent permitted by law, by participating and/or accepting a prize, entrants, winner(s) and guests (if applicable) agree to release and hold harmless the station conducting the Promotion, its sponsor(s) and promotional partner(s), its advertising and promotion agencies, any social media platform utilized in the conduct of the Promotion (including but not limited to Facebook, Inc.) and each of their respective parent, subsidiary and affiliated entities, and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each of them (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion. Alpha may also require eligible Promotion winner(s) and their guests or travel companions, if any (as well as each of their parent(s) or legal guardian(s), if winner(s), guest(s) or travel companion(s) are under the age of majority in their state of residence), to sign a liability release confirming such consent.  It is the responsibility of the winner(s) to ensure that their guest(s) or travel companion(s) sign and return any required release.

    f. The station conducting the Promotion, in its sole discretion, reserves the right to disqualify any person (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of the station’s website, Facebook Page, and/or any other social networking site used in the Promotion, or is otherwise in violation of the rules. The station conducting the Promotion further reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the station’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by the station in is sole discretion.  Any attempt by an entrant or any person to deliberately damage any station website, Facebook Page, and/or any other social networking site used in the Promotion or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws.  Should such an attempt be made, the Alpha reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law.  The station’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.  If due to circumstances beyond the control of the station conducting the Promotion, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the station reserves the right, but not the obligation, to modify, terminate, suspend or cancel the Promotion and shall not be required to award a substitute prize.

    g. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond Alpha’s control.

    9. Official Rules and Winner List: To obtain a copy of the General Contest Rules, these contest specific rules, or a list of winner(s) following completion of the Promotion (please specify which), send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “General Contest Rules,” “Contest-Specific Rules,” or “Winner List” to The Bay FM $10,000 Birthday Game Request, KBAY – 190 Park Center Plaza, Suite 200, San Jose, CA 95113.  A copy of the General Contest Rules, contest-specific rules, and a list of winner(s) (when complete) are also available during regular business hours at the main studio of KBAY – 190 Park Center Plaza, Suite 200, San Jose, CA 95113.  All such requests must be received within thirty (30) days following completion of the Promotion.

    10. Terms of Use Agreement & Privacy Policy:  The Terms of Use Agreement of the station conducting the Promotion is located here  The Privacy Policy of the station conducting the Promotion is located here:



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