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ALPHA MEDIA’S CONTEST-SPECIFIC RULES FOR THE VACATION TO DISNEYLAND RESORT

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.   

 

Sponsor(s): KBAY 5225 Hellyer Avenue Suite 245, San Jose California 95138, and Disney Destinations, LLC (“Disney”), with an address of 700 W. Ball Rd., Anaheim, CA 92802 (collectively, “Sponsor”).

  1. Promotional Period: The Disney Contest  (the “Promotion”) begins on or around August 30th, 2021 at 12:00am PDT and ends at 11:59pm PDT on or about September 10th, 2021 (the “Promotional Period”).  
  2. Entry Deadline:  The deadline to submit entries is 11:59 pm PDT on or about September 10th, 2021
  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 21 years of age or older at the time of entry and who live in the San Francisco, Oakland, San Jose DMA as defined by Nielsen.   Employees of KBAY (the “Station”), its parent, subsidiary, and affiliated entities, its advertising agencies, 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.  

Only one winner per household will be permitted. Individuals may only win a Station-conducted contest/sweepstakes once every sixty (60) days.

Participants must sign all contest release and waiver forms before accepting the prize.

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.

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

VIA INTERNET –

To participate in the Contest, you must enter the required information on the station’s website. To receive additional bonus entries you must listen to 94.5 KBAY during the specified time of 7am, 11a, 2pm, 5pm, 7pm Pacific Time. You may listen to the station or visit the station’s website for the specified times. Solicitation time may vary 15 minutes before or after  the specified time. During those specific times per day, a secret keyword called the “Disneyland Winning Word” will be given over the air. When you hear the secret keyword you must visit the station’s website at https://www.945bayfm.com/.

Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry.  The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning the email address or the domain associated with the submitted email address.  Multiple entrants are not permitted to share the same email address.  Entries submitted will not be acknowledged or returned.  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 Promotion administrator’s computer is the official time-keeping device for the Promotion.  

  1. Prizes:  

Vacation Package: Winner of the Vacation package will receive  one (1) vacation package (the “Vacation Package”) for the winner and up to three (3) Guests for two (2) consecutive nights and three (3) days 

Hotel accommodations for the Group (one (1) standard room/quad occupancy, including room  tax, subject to certain room availability) for up to two (2) consecutive nights at a Premises hotel or Premises area hotel selected by Disney in its sole discretion (standard daily hotel parking at  the Premises is not included unless winner resides within two hundred and fifty (250) miles of  the Premises). 

Up to four (4) 3-Day, 1-Park per day Disneyland® Resort tickets for the Group good for admission  to Disneyland® Park or Disney California Adventure® Park, but not to both Parks on the same  day (subject to restrictions). Both a theme park ticket and separate theme park reservation for  the same park on the same date are required for park entry for the winner and each Guest.  Theme park reservations and tickets will be required for each day of the visit and must be  obtained before visiting. 

The approximate retail value (“ARV”) of one (1) Vacation Package is one thousand, seven hundred  forty dollars ($1,740.00). The actual value of the Vacation Package may vary depending on point of  departure and fluctuations of hotel rates. Any difference between the approximate retail value and  the actual cost of the Vacation Package will not be awarded. 

Tickets: Ticket only winners will receive four (4) 2-Day, 1-Park per day Disneyland® Resort tickets  good for admission to Disneyland® Park or Disney California Adventure® Park, but not both Parks  on the same day. Both a theme park ticket and separate theme park reservation for the same park on the same  date are required for park entry for the winner and each Guest. Theme park reservations and tickets  will be required for each day of the visit and must be obtained before visiting. 

Tickets must be used by September 15, 2022. Tickets are to be awarded as prizes to bona fide winners of  the Sweepstakes only. Station may not distribute the Tickets (or any portion thereof) to any sponsor,  clients, affiliated companies, their employees, family members or others who are not a legitimate,  bona fide Sweepstakes winner. No Tickets (or portions thereof) may be reassigned or transferred if  any winner is unable to redeem such prize. Tickets issued will bear the date of issue and the date of  expiration. Expiration date will not be extended, and Tickets will not be refundable or redeemable  for cash or credit at any time, nor will they be replaced if lost or stolen. Tickets may not be sold or  transferred to a third party including, without limitation, to any travel agents, tour operators or other  persons engaged in the travel industry, except as allowed in this Agreement. No substitutions are  allowed. Promoter must return to Disney at the conclusion of the Promotion any and all Tickets not  distributed during the Promotion. Promoter shall bear all risk of loss of the Tickets from the point of  delivery to Promoter and for the risk of loss in shipment of the Tickets returned to Disney, if any. 

The approximate retail value (“ARV”) of each Ticket is two hundred thirty-five dollars ($235.00). 

Conditions 

Travel and lodging for the Vacation Package awarded by Promoter must be completed prior to  September 15, 2022 (the “Prize Redemption Date”), subject to applicable residency restrictions for  visitors to the Premises. If by the Prize Redemption Date, applicable residency restrictions prohibit the  potential winner from visiting the Premises, the Prize Redemption Date will be extended to 180 days after  the date that the potential winner becomes eligible to visit the Premises.  

∙ Vacation Package fulfillment and travel are subject to certain restrictions and certain hotel/room availability at the Premises. The Vacation Package must be booked through a travel agent as designated  by Disney at least forty-five (45) days prior to arrival. Block-out dates apply. No extensions will be granted (unless stated otherwise). Theme park tickets are subject to the terms and conditions set forth herein  and included on the theme park tickets. 

∙ Both a theme park ticket and separate theme park reservation for the same park on the same date are  required for park entry for the winner and each Guest. Theme park reservations and tickets will be  required for each day of the visit and must be obtained before visiting. Park reservations are limited and  subject to availability. Park reservations do not guarantee park admission or access to any experience,  attraction, or offering. Winner and Guests should visit Disneyland.com/updates for important details to  know before traveling to the Disneyland Resort. 

∙ Winners must be at least the age of majority pursuant to his/her applicable state of residence to enter  and win. A Guest under the age of majority must be accompanied by his/her parent/legal guardian who  must be at least the age of majority and both will be deemed Guests of the winner (unless the winner is  the Guest’s parent or legal guardian). Once selected by the winner, Guests cannot be changed without the  express consent of Disney, which may be withheld for any reason. 

∙ Vacation Package and its components (including, without limitation, theme park tickets) may not be used  in conjunction with any other promotion or offer, separated, sold, exchanged or redeemed for cash,  traded, transferred, substituted, assigned, or rescheduled to dates other than as set forth above, except  in Disney’s sole and absolute discretion. 

∙ The Vacation Package will not include the following: transportation to/from the Premises; insurance  (health, travel, medical); parking fees (unless stated otherwise); room service, laundry service, spa  treatments; food or beverages; merchandise, souvenirs; incidental expenses; local or long distance  telephone calls; tips, gratuities, service charges; any taxes; or any other charges not explicitly included  herein. 

∙ All elements of the Vacation Package (including, without limitation, the theme park tickets) must be used  by the Group on the same dates during the redemption of the Vacation Package. Any portion of the  Vacation Package not accepted or used by the winner will be forfeited. 

∙ Certain theme parks, hotels, restaurants, attractions, experiences, services and other offerings may be  modified, limited in availability and capacity, or be closed.  

∙ A winner may not charge any Guest for participating in the prize. Prizes are awarded “as is” with no  warranty or guarantee, expressed or implied, being provided by Promoter or Disney. 

∙ The winner and his/her Guests are responsible for having valid travel documents including government issued identification and/or passports, as applicable. 

∙ The winner will not receive compensation for any element(s) of the Vacation Package (including, without  limitation, theme park tickets) that any participant(s) is unable to use for any reason, and such unused  portion(s) of the Vacation Package will be forfeited.

∙ If the winner chooses to bring less than the allotted number of Guests, the Vacation Package will be  awarded in increments suitable for the actual number of participants with no substitute prize or  compensation provided to the winner. 

∙ The winner and his/her Guests will be required to execute a liability/publicity/COVID-19 release and  waiver form prior to booking of any travel. Failure to return the executed release form within the specified  time period will result in forfeiture of the Vacation Package. Winner acknowledges that he/she is solely  responsible for any actions, claims or liabilities of the Group, related to any use or misuse of the prize or  any prize-related activity or travel. 

∙ Any damaged, lost or stolen theme park tickets, gift cards, or travel vouchers will not be replaced. Gift  cards are not redeemable or exchangeable for cash (except as required by law) and are subject to all  terms and conditions of use as established by the issuer. 

∙ There may be specific residency instructions, guidelines and requirements for all visitors to the Premises.  The winner and his/her Guests are solely responsible, at their own cost, for staying updated on and  complying with any of the latest restrictions and requirements that may be in place for travel to and visiting  the Premises leading up to the planned stay. Such restrictions and requirements are subject to change. 

∙ The actual value of the Vacation Package may vary depending on point of departure and fluctuations of  hotel rates. Any difference between the approximate retail value and the actual cost of the/each Vacation  Package will not be awarded. 

∙ Theme park tickets must be used prior to September 15, 2022 (the “Prize Redemption Date”), subject  to applicable residency restrictions for visitors to the Premises. If by the Prize Redemption Date,  applicable residency restrictions prohibit the potential winner from visiting the Premises, the Prize  Redemption Date will be extended to 180 days after the date that the potential winner becomes eligible  to visit the Premises. Terms and conditions as set forth herein and on the theme park tickets shall apply.  Theme park tickets may not be sold, transferred for commercial use, or redeemed for cash. No  substitutions. An inability to use any tickets will result in forfeiture of such tickets. Block-out dates apply. No extensions will be granted. 

∙ Both a theme park ticket and separate theme park reservation for the same park on the same date are  required for park entry for the winner and each Guest. Theme park reservations and tickets will be  required for each day of the visit and must be obtained before visiting. Park reservations are limited and  subject to availability. Park reservations do not guarantee park admission or access to any experience,  attraction, or offering. Winner and Guests should visit Disneyland.com/updates to make park  reservations and to learn about important details to know before visiting the Disneyland Resort. 

∙ Prize will not include the following: transportation to/from the Premises; insurance (health, travel,  medical); parking fees; hotel accommodations; food or beverages; merchandise, souvenirs; incidental  expenses; local or long distance telephone calls; tips, gratuities, service charges; any taxes; or any other  charges not explicitly included herein. 

∙ Certain theme parks, hotels, restaurants, attractions, experiences, services and other offerings may be  modified, limited in availability and capacity, or be closed.  

∙ There may be specific residency instructions, guidelines and requirements for all visitors to the Premises.  The winner and his/her Guests are solely responsible, at their own cost, for staying updated on and  complying with any of the latest restrictions and requirements that may be in place for visiting the theme  parks. Such restrictions and requirements are subject to change 

∙ A winner may not charge any Guest for participating in the prize. Prizes are awarded “as is” with no  warranty or guarantee, expressed or implied, being provided by Promoter or Disney. 

∙ Any damaged, lost or stolen theme park tickets will not be replaced.  

∙ In the event there is a discrepancy or inconsistency between disclosures or other statements contained  in any Sweepstakes promotional materials and the terms and conditions of the Official Rules, the Official  Rules shall prevail and govern. 

 

Federal, state and local taxes relating to the prize are the responsibility of the winner and the Promoter will  issue all tax forms including a 1099 form to the winner. 

KBAY/Alpha Media is the sponsor of the Sweepstakes. 

Disney, its parent, related, affiliated and subsidiary entities and their respective officers, directors, agents,  employees and assigns will be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to  the prize, the receipt, use and/or enjoyment of the prize, or prize-related activity including travel, the  Promotion or the Sweepstakes. 

All disputes arising out of or relating to any prize provided by Disney shall be resolved by applying the  laws of California, without regard to conflict of law rules, and shall be solely and exclusively brought in  state or federal courts within Orange County, California. Such claims shall be resolved individually,  without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs  incurred, but in no event to include attorneys’ fees. 

In the event there is a discrepancy or inconsistency between disclosures or other statements contained  in any Sweepstakes promotional materials and the terms and conditions of the Official Rules, the Official  Rules shall prevail and govern. 

  1. Odds of Winning:  

The odds of winning depend upon the number of entries received

  1. Winner Selection and Notification:  

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

Winner (s) will be selected via a random drawing executed through Aptivada contest software. 

Sixteen (16) winners will be randomly selected from all entries.  From the sixteen (16) winners drawn, one (1) winner will then be randomly selected to receive the “vacation package”.  The remaining 15 winners will each receive “tickets”.

 

Fifteen (15) winners will receive “tickets”  One winner will receive a “vacation package” as defined in section 5.

 

Winners will be contacted via email on September 14, 2021 and must meet eligibility requirements and return the required documents including a release and W9 form by the designated date.  Deadline for response is September 16, 2021 at 5pm Pacific Time. In the event that the winner does not respond by the designated deadline, an alternate winner will be selected via a random drawing from all entries on September 17th and must respond by September 19th at 5pm Pacific Time. This process will repeat a total of three times.  In the event the selected winner fails to respond by the final deadline the prize will not be awarded.

 

  1.           Conditions:
  2. 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.    
  3.           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.
  4.           To the fullest extent permitted by law, by participating in the Promotion, you:
  5.           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;
  6.           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.

  1.           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. 
  2.           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. 
  3.           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.
  4.           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.
  5. 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 Disneyland Contest Winner List or Official Rules Request, KBAY 5225 Hellyer Avenue Suite 245, San Jose California 95138.  All such requests must be received within thirty (30) days following completion of the Promotion.
  6. Terms of Use Agreement & Privacy Policy:  The Terms of Use Agreement of the station conducting the Promotion is located here: https://www.945bayfm.com/terms-of-use/.  The Privacy Policy of the station conducting the Promotion is located here: https://www.945bayfm.com/privacy-policy/

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