MOViN 92.5 Cheerleading Competition Official Rules
NO PURCHASE NECESSARY
- ELIGIBILITY: The MOViN 92.5 Cheerleading Competition Contest (“Contest”) is open to listeners who are at least 15 years of age or older, who reside in Washington, and are a member of their local high school recognized cheerleading squad for any accredited Washington high school located within the KQMV listening area as determined by Neilsen (“Squad”). PLEASE NOTE each Squad can only enter once during the entire Contest Period and the individual submitting the entry is acting as a representative of his/her entire Squad Employees of Hubbard Radio Seattle, LLC and its station MOViN 92.5, 3650 131st Avenue SE, Suite #550, Bellevue, WA 98006 (the “Sponsor”), Hubbard Radio, LLC or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest (collectively with Sponsor, the “Released Parties”), any radio, television or other media companies located in the Seattle area, and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. 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.
- CONTEST ENTRY PERIOD: The Contest begins at 12:00:00 a.m. Pacific Time (“PT”) on March 27, 2017 and ends at 11:59:59 p.m. PT on April 2, 2017 (“Entry Period”). Round 1 of the judging for the Contest will begin on or about April 4, 2017 and end on April 9, 2017 (“Round 1 Judging Period”). Round 2 of the judging for the Contest will occur on April 17, 2017 (“Round 2 Judging Period”).
- HOW TO ENTER: To enter, visit www.movin925.com (“Website”), to find and complete the online entry form, which includes providing your name, address, telephone number and email address, and the Squad’s high school’s name, a contact telephone number and email address, and a link to your Squad’s YouTube channel where you will upload an up to 2 minute and 30 second video of your Squad performing its best cheer (the “Video”). EACH SQUAD MUST HAVE PURCHASED A LICENSE FOR ANY MUSIC FEATURED IN ITS VIDEO, AND THAT LICENSE MUST GRANT THE SQUAD THE RIGHT TO INCLUDE THE MUSIC IN THE VIDEO TO BE VIEWED PUBLICLY ON THE SQUAD’S YOUTUBE CHANNEL. Videos that contain statements or cheers that are deemed to be disparaging, lewd or profane will be disqualified, as determined solely by Sponsors. The entry form and Video will collectively be referred to as the Entry. All Entries must be received by 11:59:59 p.m. PT on April 2, 2017 or will be forfeited. Sponsor is not responsible for technical issues relating to the uploading or submitting of the Video, late, misdirected, lost, or undelivered Entries or trouble with the Website. All Videos become the property of the Sponsors and will not be acknowledged or returned. For any individual on the Squad who under the age of 18, his/her parent or legal guardian must consent to the inclusion of such minor into the Video, and acknowledge and agree that the Video and depiction of his/her minor daughter/son will be posted on the Website for the public to view. By submitting a Video, the individual submitting the Entry hereby acknowledges and agrees (or, his/her parent/legal guardian hereby agrees on behalf of his/her minor child/ward) that the Video does not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy and has not won any other contest. If Sponsor, in its sole discretion, has reason to believe that any Video contains any material that may infringe or violate the rights of a third party, or is disparaging in any manner, Sponsor may disqualify such Video and take all other measures Sponsors may deem appropriate to protect its interests. Entrants (or their parent/legal guardian if entrant is a minor) irrevocably assigns all rights, title and interest to the Video, including copyrights, to Sponsors and grants Sponsors, and their respective assigns the right to publish, use, adapt, edit and/or modify such Video including but not limited to posting the Video on the Website, or in any other way, in any and all media, without limitation and without any consideration, financial or otherwise to the Entrant.
- JUDGING CRITERIA/JUDGING PERIODS: A link to each Video will be posted on the Website during Round 1 Judging Period where the public can vote for their favorite Video. Limit one (1) vote per person per day throughout the Round 1 Judging Period. The five (5) Videos who the top five (5) highest number of votes during the Round 1 Judging Period will be deemed finalists and will move onto the Round 2 Judging Period (“Finalists”). The names of each Finalist Squad may be announced during the Kel’s Evening Show at Sponsor’s sole discretion, as well as one (1) Finalist will be announced on the Website each day starting on April 10, 2017 and ending on April 16, 2017. Then, during Round 2, the Finalists Videos will be judged by a panel of qualified judges using the following judging criteria: (a) energy (30%); (b) choreography (30%); and overall presentation (40%) (collectively, the “Judging Criteria”). The Finalist with the highest score using that Judging Criteria among all Finalists will be deemed the Grand Prize winner and that Squad will be notified on or about April 18, 2017. The name of the Grand Prize winner may be announced on the Kel’s Evening Show at Sponsor’s sole discretion, and will be announced on the Website. In the event of a tie, the Video with the highest score in the overall presentation criteria will be deemed the winner from among all tying Videos. The Grand Prize winner will be notified by telephone/email and each person in the Squad featured in the winning Video will be required to sign and return (or have his/her parent/legal guardian sign and return, for any person appearing in the Video who is under the age of 18) a Liability/Publicity Release Form within five (5) business days of notification or such potential Grand Prize winner may be disqualified at Sponsor’s sole discretion and an alternate may be selected, time permitting. Decisions of the judges are final in all matters relating to this Contest.
Please note: the Sponsor reserves the right to select fewer than the stated number of Finalists at Sponsor’s sole discretion if not enough qualified Videos are submitted during the Entry Period of this Contest.
- PRIZE & APPROXIMATE RETAIL VALUES (“ARV”’s): One (1) Grand Prize (awarded to the Squad and NOT to any individual person on the Squad) – $1,000.00 in the form of a check made out to the Squad; the Squad visit MOViN 92.5 studios to record for airing on Kel’s Evening Show (on a date to be determined by the parties); and chance to perform at NW Kids Fair on May 20, 2017 at Washington State Fairgrounds, 110 9th Ave SW, Puyallup, WA 98371 between 11:00 a.m. PT and 6:00 PM PT (time to be mutually agreed upon by the parties) and a meet and greet with a top area cheer squad. ARV: $1,000 (there is no monetary value associated with the squad visit interview, the performance during the fair or the meet and greet portions of the prize). Prize consists of only the items specifically listed as part of the prize. No substitution, cash redemption or transfer of prize by winner permitted. All federal, state and local taxes are the sole responsibility of winning school. Transportation and parking are not included as part of the prize. Prizes are not transferable, exchangeable or substitutable for cash, except Sponsor may substitute a prize for one of equal or greater value. Sponsor is not responsible if the meet and greet portion of the prize is cancelled or postponed. Sponsors reserve the right to substitute any portion of the prize for one of equal or greater value.
- Claiming the Prize: Upon winner verification, as a condition of being named the official winner, the potential winner will be required to submit all required releases as set forth in Official Rule #4 above prior to claiming the prize. Upon receipt of all required releases, Sponsor will mail the check to the high school the Squad represents. Failure to comply with any deadlines set forth by Sponsor shall be deemed to be the winner’s forfeiture of his or her right to claim a prize. Any unclaimed prize remains the property of Sponsor.
- Participation Conditions/Release/Consent to use Likeness: By entering, each entrant (or entrant’s parent/legal guardian if entrant is deemed a minor in the state of his/her residence) 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 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 use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
- GENERAL RULES: Sponsors are not responsible for lost, late, damaged, delayed, incomplete, illegible, mutilated or misdirected entries, entries not received by the entry deadline, or for electronic, network or computer failures or malfunctions, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in this Contest, or other hardware, software or technical errors of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any material in connection with the Contest. Sponsors assume no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or e-mail client or insufficient space in user’s e-mail account to receive e-mail. Sponsors reserve the right to cancel or modify the Contest (or any portion thereof) if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsors/judging agency/administrator, in their sole discretion. If the Contest is so cancelled, judging will be conducted from among all eligible Submissions received prior to the time of termination. In the event a dispute arises regarding specific individual entitled to receive prize, entry made by Internet will be declared made by the “authorized e-mail account holder” and any damage made to the Web site will also be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. “Authorized e-mail account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entrant may be requested to provide Sponsors with proof that the entrant is the authorized e-mail account holder of the e-mail address associated with the account/submission. Proof of submitting Submissions will not be deemed to be proof of receipt by Sponsors. Any use of robotic, automatic, programmed or the like methods of participation will void all Submissions by such methods. Sponsors reserve the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. All federal, state and local laws and regulations apply.
- Limitations of Liability: The Released Parties as set forth above 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 Website entries; 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.
- Disputes/Governing Law: Except where prohibited, entrant (or entrant’s parent/legal guardian if entrant is deemed a minor in the state of his/her residence) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Washington; (2) 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 attorneys’ or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant 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 and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules (whether of State of Washington, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
- Official Rules/Winner’s List: For a copy of these Official Rules, see the Website. For names of the winning squad, send a separate, self-addressed, stamped (#10) envelope by 5/19/2017 to: Cheerleader Competions Contest KQMV 3650 131st Ave SE, Suite #550 Bellevue, WA 98006.
- SPONSORS: KQMV-FM LLC 3650 131st Ave SE, Suite #550 Bellevue, WA 98006.