NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 21 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER US TERRITORIES AND WHERE PROHIBITED BY LAW.
REACH MEDIA, INC.
TOM JOYNER MORNING SHOW®
“20TH ANNIVERSARY CABIN SWEEPSTAKES” PROMOTION
PRESENTED BY DENNY’S
DETAILED PROMOTION RULES
1. PROMOTION OVERVIEW.
1A. Promotion Concept. You should know by now that we Party with a Purpose! We are giving away a spot in a cruise cabin to one winner to help celebrate the 20th Anniversary of the Tom Joyner Foundation Fantastic Voyage presented by Denny’s. Listeners are encouraged to Log on to BlackAmericaWeb.com, the Tom Joyner Morning Show Mobile App, the DL Hughley Show Mobile App, or the Willie Moore Jr Show Mobile App for a chance to enter. The 20th Anniversary Cabin Sweepstakes is an online promotion supported on-air, online and mobile application by the Tom Joyner Morning Show, The DL Hughley Show and The Willie Moore Jr Show. As a participant in the Sweepstakes, you will be eligible to cruise on the 20th Tom Joyner Foundation Fantastic Voyage. At the end of the promotion, One (1) Grand Prize Winner will be awarded a cabin aboard The 2019 Tom Joyner Fantastic Voyage including access to selected concerts, seminars and other onboard activities.
1B. Promotion Period. The 20th Anniversary Cabin Sweepstakes (the “Promotion”) shall begin at 6:00:00 AM CT on Sunday, April 15, 2018 (“Inception”) and ends at 11:59:59 PM CT on Sunday, May 6, 2018 (“End Time”) (“Promotion Period”) unless otherwise extended or terminated by Administrator (as defined below).
1C. Sponsor. Denny’s Corporation
2. HOW to ENTER PROMOTION. Participants enter the Promotion by visiting the BlackAmericaWeb.com webpage or logging onto the Tom Joyner Morning Show Mobile App, the DL Hughley Show Mobile App, or the Willie Moore Jr Show Mobile App, clicking the Denny’s and Tom Joyner Foundation Fantastic Voyage co-branded banners visible from the home page of the website or app, as applicable, and completing all required registration information.
3. SELECTION OF GRAND PRIZE WINNER(S). On Monday, May 7, 2018, One (1) potential Grand Prize Winner (a “Potential Winner”) will be randomly selected by the Administrator from the pool of all eligible participants who entered during the Promotion Period. Subject to the Potential Winner’s compliance with terms of these Official Rules and validation of the Potential Winner’s entry in accordance with these Official Rules below, the Potential Winner will become the winner of the Promotion (the “Winner”). Should a Prize Winner not be validated, an alternate maybe selected.
4. GRAND PRIZE(S). The prize for this Promotion is provided by the Tom Joyner Foundation (“Prize Provider”), which will be the issuer of the IRS Form 1099 associated with the prize. The Prize is a cabin aboard the Tom Joyner Foundation Fantastic Voyage for one (1) Grand Prize winner and a guest aboard the 2019 Tom Joyner Foundation’s Fantastic Voyage presented by Denny’s sailing in April 2019 aboard a Carnival Cruise Ship and a one-night hotel stay in Miami on the night preceding the cruise. Grand prize has an approximate retail value (“ARV”) of $2,034.00-$3,246.00. One-night hotel stay included in Miami with an approximate retail value (ARV) of $275. Total approximate retail value (“ARV”) of Grand Prize is $3,521. Note that the prize does not include air fare or any tax contribution which is not applicable to a prize.
Prizes are transferrable under standard Fantastic Voyage policies, which, among other requirements, include a $500 transfer fee. The Winner and the Winner’s companion must be able to travel outside the United States and have valid passports and be at least 21 years of age. The Winner is encouraged to purchase travel insurance, as no replacement value is provided in the event that the Winner and/or the Winner’s guest is unable to participate. If the Prize Winner has already purchased a cabin aboard the Fantastic Voyage 2019, the Winner’s reservation, at their election, shall be cancelled and all payments refunded.
In addition to completing prize documentation (as detailed under “General Requirements to be Official Winner” in the General Promotion Rules below), each passenger (Winner and Winner’s guest) must complete a Reservation Agreement (which provides for certain waivers of liability and other terms of passage) and complete the registration process for Carnival Cruise Lines. Reservation Agreements must be completed no later than Thursday, February 28th . Failure to execute such documents within the timeframes given shall be deemed the equivalent of declining the prize.
5. RULES. The General Promotion Rules (as detailed below) are part of these Official Rules. Should the Detailed Promotion Rules conflict with the General Promotion Rules, the Detailed Promotion Rules shall prevail.
6. COPY OF RULES AND LIST OF WINNERS. For a copy of these Official Rules or a List of Winners (available after May 7, 2018) send a self-addressed, stamped envelope to Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. Request must be received no later than Friday, June 8, 2018. These Official Rules are also available online at BlackAmericaWeb.com.
GENERAL PROMOTION RULES
ADMINISTRATORAND PROMOTIONAL ENTITIES. The “Administrator” for the Promotion is Reach Media, Inc. (“RMI”), 13760 Noel Road, Suite 750, Dallas, Texas 75240.The Sponsor(s) is as defined under the “Detailed Promotional Rules.”. The “Promotional Entities” are, collectively, the Administrator, the Sponsor, the Prize Provider, Tom Joyner Morning Show®, and affiliate radio stations of Tom Joyner Morning Show® and each of their respective parents, subsidiaries, affiliated companies, promotional partners, and their advertising and promotional agencies.
INTERMEDIARIES. This Promotion may be conducted in association with various intermediaries (the “Intermediaries”) such as Facebook, MySpace, Twitter, etc. If Intermediaries are involved, they are not sponsoring, endorsing, administering the Promotion unless otherwise indicated in the Detailed Promotion Rules. Additionally, information provided by Participants is being provided to the Promotional Entities and not to the Intermediaries.
PROMOTION PRIZE CHANGES. Administrator reserves the right (but shall have no obligation) to substitute the prize (or any component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason to make changes in the rules of the Promotion at its sole discretion at any time without notice.
ENTRY SUBMISSIONS. Once submitted, an entry cannot be deleted, canceled, or modified. Entries that are incomplete or illegible are void and will not be accepted for entry. All entries become the property of Administrator and/or Sponsor and will not be acknowledged or returned. Entrants attempting to use automated entry mechanisms or artifices will have their entries voided and may be disqualified from all promotions operated by Promotional Entities. Should there be any proprietary rights (e.g., copyrights, patents, trademarks, service marks, trade secrets, etc.) in the information or content of the entry, each Promotion participant represents that they either own the rights thereto or have obtained the rights thereto and are freely granting the Promotional Entities such rights in accordance with the “Use of Name and Likeness” paragraph.
GENERAL ELIGIBILITY RESTRICTIONS. This Promotion is subject to all federal, state and local laws and regulations. Unless further restricted, the Promotion is offered and open only to legal U.S. residents of the 50 United States and the District of Columbia age 21 and over. Promotion is void in Puerto Rico and where prohibited by law. In any sixty (60) day period, only one (1) prize per household is allowed. Any prize won by the same individual, or by different individuals in the same household, beyond the first will be forfeited. “Household” shall include: (i) persons living at the same street address, either full or part time, whether or not such individuals are legally related and (ii) persons living at different street addresses that are related by birth or marriage. For clarification, if Promotion provides for multiple prizes, the winning of any one prize precludes the winning of any other. Employees, officers, directors and agents of the Promotional Entities; their immediate family members (spouse, domestic partner, parent, child, sibling and their respective spouses), regardless of where they reside; and those living in their same households (whether or not related) are not eligible to enter.
OFFICIAL WINNER VALIDATION. The potential winners will be notified by email. In order for a Potential Winner to become an official Winner, the Administrator must verify: (i) that the potential winner was eligible to enter and win the Promotion in accordance with these Official Rules, and (ii) that the potential winner completed and returned the required documentation (as specified under “General Requirements to be Official Winner”). Such documentation must be returned within ten (10) business days of receipt; otherwise, the potential winner is disqualified. Prize(s) will be awarded to potential winners only after validation, which shall be determined by the Administrator, in its sole discretion and which shall be deemed final. If a Potential Winner of any prize cannot be contacted, fails to return the required documentation within the required time period, or the prize notification is returned as undeliverable, the potential winner forfeits his/her prize. A Potential Winner may decline a prize by notifying the Administrator. In the event any Potential Winner or Winner is found to be in violation of these Official Rules, they will be required to forfeit prize or to reimburse the Prize Provider for the stated value of a prize if such violation is found after the prize has been used by winner. Upon forfeiture, no compensation will be given. In the event that a Potential Winner is disqualified or declines the prize for any reason and time permitting, Administrator may (but shall be under no obligation to) select and attempt to validate another Potential Winner by random drawing from among all remaining eligible entries.
GENERAL REQUIREMENTS to be OFFICIAL WINNER. Potential Winners will be required to complete, execute, and return a documentation package within ten (10) business days (or such period as specified in the Detailed Promotional Rules) sent to potential winners prior to the acceptance of the prize. Such documentation package will include an affidavit of eligibility, a liability release, a publicity release, an IRS Form W-9, and a non-disclosure agreement. Some documents may require that the potential winner’s signature be notarized. Appropriate identification (including proof of U.S. residency) is required for all prizes. Failure to return complete and accurate documents in a timely manner, noncompliance with these Official Rules or return of a prize notification as non-deliverable, will result in forfeiture of the applicable prize.
Odds of Winning. Unless stated otherwise, odds of winning depend upon the number of eligible entries received. Purchase of any products or services from Promotional Entities will not improve odds of winning.
Limitations on Prizes. No more than the number of prizes stated herein will be awarded and Administrator and Prize Provider reserve the right not to award all prizes. Administrator and Prize Provider reserve the right to substitute a prize of comparable or greater value in their sole discretion. All prize details are at Administrator’s sole discretion. Awarded prizes are only as detailed above The Winner may not substitute prizes.
Taxes on Prizes. Winner may be issued an IRS Form 1099. All federal, state and local taxes, and all other costs or expenses associated with the acceptance and/or use of a prize, not specified herein as being awarded, are the sole responsibility of the Winner.
Trip Limitations. Unless otherwise provided, if a trip is included in a prize, it is subject the provisions in this section. If the potential winner cannot meet the limitations of this section, the prize will be forfeited in its entirety. Trip must be taken on dates specified by Prize Provider. Travel dates are subject to availability; blackout dates and restrictions may apply. Winner and guest must travel together on the same itinerary, and all travel arrangements must be made through a travel agent selected by Prize Provider. Winner and guest(s) are required to hold valid passports. Prize does not include air transportation. Winner will be responsible for all gratuities, meals, ground transportation and any other incidental costs or expenses not identified in these Official Rules. Should a trip or event be canceled due to events or circumstances beyond the reasonable control of Prize Provider, the prize will be cancelled and the Promotional Entities shall have no further obligation to Winner in connection with such cancellation. Winner and guest are strongly encouraged to secure trip interruption/cancelation insurance at their expense.
RELEASES. Each Promotion participant (entrants and Winner), by participating in the Promotion, agrees that Promotional Entities and the Intermediaries and each of their respective officers, directors, employees, independent contractors, salespeople, representatives and agents (collectively, the “Releasees”) are released from all liability whatsoever, and will be held harmless by participant, from and against and all claims, actions and/or liability for injuries, losses or damages of any kind to person, including without limitation, death and property, resulting in whole or in part, directly or indirectly from the acceptance, possession, use or misuse of the prize, participation in a Promotion-related activity, or participation in this Promotion. Participants acknowledge that Promotional Entities, nor Intermediaries, have neither made, nor are in any manner responsible for, any warranty, representation (including but not limited to, the correctness or accuracy of information posted on BlackAmericaWeb.com or in any of the mobile applications through which the Promotion is conducted) or guarantee, express or implied, in fact or in law, relative to the Promotion.
USE OF NAME AND LIKENESS. By participating in this Promotion, each participant (entrants and Winner) consents to the Promotion Entities’ use of their name, portrait, picture or other likenesses, hometown, state of origin, information from their Promotion entry, and voice in any and all media now or hereafter known (including on Tom Joyner Morning Show® affiliate radio stations and affiliated web sites) for publicity, advertising and promotional purposes worldwide in perpetuity without additional compensation, notification or permission and without the right of review. Further, participants agree that Promotional Entities may contact entrants, Winners, and their associates and disclose personal information obtained from them in this Promotion to their affiliated entities and use this information for marketing and other purposes.
LIMITS OF LIABILITY. Releasees To the fullest extent permitted by applicable law, assume no responsibility and disclaims all liability for any lost, late, incomplete, inaccurate, stolen, misdirected, delayed, mis-delivered or undelivered item sent by mail, courier, express, electronic transmission, or other delivery method. Lost prize checks will not be resent. The Releasees are not responsible for any incorrect or inaccurate entry information, whether caused by any of the equipment associated with or utilized in the Promotion, and the assume no responsibility for any error, omission, interruption, defect, failure, malfunction or delay in operation or transmission or any problems or issues related to the Internet related to the Promotion, or for any damage to participant’s or any third party’s phone lines, telephone systems wireless phone/handset or other device, problem or issues with cellular equipment towers, telephone systems or wireless services, Internet or for theft or destruction, tampering, or unauthorized access to entry information, or for entries, submissions which are late, delayed, misdirected, inaccurate, incomplete or, inaudible, disconnected (or any combination thereof) or in any other media for form, print or otherwise, or for preemption or cancellation of radio program, errors related to technical, network, typographical, Internet nomination, human or other errors or problems relating to or in connection with Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the acceptance of the nomination forms, the announcement of prizes or in any Promotion-related materials. If, for any reason, the Promotion is not capable of running as planned by reason of tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Administrator, corrupt or affect the
administration, security, fairness, integrity or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion (or any portion thereof).Any attempt to defraud Promotional Entities, in any way, will result in disqualification of participant, and such participant will be prosecuted to the fullest extent of the law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TRADEMARKS AND SERVICE MARKS. Any trademarks used in this Promotion are the property of the respective trademark owners and are used for identification purposes only.
OTHER RULES AND CONDITIONS. Unless otherwise specifically noted, all times in these rules refer to Central Time. All headings contained in these Rules are for reference purposes only and shall not be deemed to limit, cover, or in any way affect the scope or meaning of these Official Rules or any part thereof.
GOVERNING LAW AND VENUE. All participants (entrants and winners) agree to: (a) be bound by these Official Rules; (b) acknowledge that they agree that the laws of the State of Texas shall govern this Promotion, without respect to the Conflict of Law Doctrines; and (c) submit any disputes or conflicts to the courts of competent jurisdiction in Dallas, Dallas County, Texas.