97 Days of Summer 2023
Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
1. Eligibility – The WDRV The Drive’s 97 Days of Summer “5 @ 8:05” Contest (the “Contest”) is open to listeners who are 21 years or older and legal U.S. residents of Illinois, Indiana, Michigan and Wisconsin. Employees of Hubbard Radio Chicago, LLC and its station WDRV, 130 E Randolph St. Suite #2700 in Chicago, IL 60614 (“Sponsor”), Mark Anthony Brands Inc. (“Promotional Participant”), Hubbard Radio, LLC, including their subsidiaries, affiliates, parent or related companies, and their immediate families, (collectively, with Sponsor and Promotional Participant, the “Released Parties”), employees/officers/directors of alcohol beverage licensees (i.e., alcohol beverage suppliers, importers, wholesalers, distributors and retailers) and their immediate families or employees of other Illinois, Indiana, Wisconsin, or Michigan radio stations, are not eligible to enter. In order to be eligible to win a prize in this Contest, you (or anyone in your household) cannot have won or accepted any prize with a value of up to $599 from WDRV within 30 days prior to the awarding of a prize to you in this Contest, or won any prize or combination of prizes with a total stated value of $600.00 or more from WDRV within 60 days prior to the awarding of a prize to in this Contest. These restrictions apply even if you reject the prize. Anyone participating in this Contest or claiming a prize in this promotion in violation of these rules will be disqualified from winning a prize in this promotion and from participating in WDRV contests or Contest for a period of one year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Contest Period: The Contest begins on May 31, 2023 at or about 12:00:01 AM Central Time (“CT”), and ends on September 1, 2023 at 11:59:59 PM CT (the “Contest Period”).
3. How to Play/Enter: This is a listen-to-win Contest. There is a jackpot associated with this Contest, which will start out at $100.00 each time it is depleted (“Jackpot”). To play, listeners need to listen to WDRV The Drive at or about 8:05:00 AM CT weekdays (Mon-Fri), excluding July 4-July 7, 2023, during the Contest Period for Sherman & Tingle to solicit the 11th caller to play “5 @ 8:05”. Then, when a listener hears the DJ solicit caller 11, the 11th caller who reaches the Station by calling 312-642-9378 will play the “5 @ 8:05” trivia game (the “Game”) for a chance to win the Jackpot.
To play the Game, the caller must answer all five (5) Classic Rock questions correctly in order to win the Jackpot AND $50.00. If the 11th caller does not answer all five (5) Classic Rock questions correctly, that caller will still win $50.00, but will not win the Jackpot, and $25.00 will be added to the Jackpot for the next day’s Game (meaning, the next day’s Jackpot will be $125.00). $25.00 will be added to the Jackpot each time an 11th caller fails to answer all five (5) questions in a Game correctly and the Jackpot will continue to increase in $25.00 increments until an 11th caller wins the Jackpot, and then it will go back down to $100.00. Each 11th caller will win a minimum of $50.00.
Note that webcasts of Sponsor’s programming are typically on a delayed basis, which may affect a webcast listener’s ability to participate in this portion of the Contest. Odds of becoming a winner depend on the number of eligible entries received, and whether or not the person whose name is drawn randomly calls into the station when the DJ solicits the 11th caller each day.
Limit one (1) winner per person/household during the entire Contest Period. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. Note that webcasts of Station’s programming are typically on a delayed basis, which may affect participation in this Contest. Sponsor will not accept collect calls. Sponsor is not responsible for telephone line unavailability, busy signals on the Contest line, operator interference, technical or atmospheric conditions that disrupt the completion of the phone call, telephone system malfunctions, or any other telephone problems which may or may not result from this Contest.
4. Prizes: The prizes and values are as described in Section 3 above. The Winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable income taxes associated with accepting their Prize(s). Prize winners may be required to sign a liability and/or publicity release and W9 tax form (“Prize Release”) prior to issuance of a prize along with acceptable identification (as defined in Section 6 below). A 1099 form may be submitted to all appropriate taxing authorities.
5. Claiming a Prize: Upon winner verification, as a condition of being named an official winner, each potential winner may be required to sign and return the Release Forms to the Station via email or mail within ten (10) business days of receiving the Release Forms, or prize may be forfeited at Sponsor’s sole discretion. Upon receipt of the Release Forms, if applicable, Sponsor will mail the Prize to the winner. All unclaimed or returned prizes remain the property of Sponsor.
6. Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s participation in this Contest, and acceptance or use or misuse of any prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize; and (d) allow Sponsor’s/Promotional Participant’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation or notice of any kind except where prohibited by law.
7. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor shall endeavor to conduct the Contest as set forth herein to the extent feasible and/or otherwise in a manner which is fair and reasonable as determined in its sole discretion, selecting winners as well as attempting to prizes. Notice of such action by Sponsor will be broadcast on WDRV as well as being posted www.wdrv.com and on Sponsor’s official pages on Facebook, Instagram and Twitter. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules are available to be won in the Contest. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability: The Released Parties as set forth are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any Prize.
9. Privacy Policies and Data Collection: Information provided by you for this Contest on the entry form is subject to Sponsor’s privacy policy located at: http://corporate.hubbardradio.com/privacy-policy/. By participating in this Contest, each person agrees that the Sponsor has the right to contact such person by phone, direct message, or email accounts provided to administer and fulfill this Contest.
10. Disputes/Governing Law: Except where prohibited, entrant/participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, the selection of winners, or the awarding of prizes shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering/participating in this Contest, but in no event attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant/participant be permitted to obtain awards for, and entrant/participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant/participant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.
11. Official Rules/Winners’ List: For a copy of these Official Rules, see the Website until October 1, 2023. For the names of the winners, send a self-addressed stamped envelope by September 7, 2023 to: WDRV The Drive’s 97 Days of Summer “5 @ 8:05” Winners, 130 E. Randolph St. Suite #2700, Chicago, IL 60601.
12. Sponsor: Hubbard Radio Chicago, LLC and its station WDRV The Drive, 130 E. Randolph St. Suite #2700, Chicago, IL 60601.
© 2022 Mark Anthony Brands Inc. is not a sponsor of this Contest and disclaims any and all liability in conjunction with same, including but not limited to the selection of prize winners and/or the awarding/fulfillment of prizes.
Mike’s Hard Lemonade Co., Chicago, IL. www.mikeshard.com ® is a registered trademark and ™ is a trademark of Mike’s Hard Lemonade Co.
MIKE’S IS HARD. SO IS PRISON. DON’T DRIVE DRUNK.®