NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES, 21 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER U.S. TERRITORIES AND WHERE PROHIBITED BY LAW.
REACH MEDIA, INC.
TOM JOYNER MORNING SHOW®
“THE HOME DEPOT RETOOL YOUR SCHOOL, FANTASTIC VOYAGE” “LAST CABIN GIVEAWAY”
PRESENTED BY THE HOME DEPOT
DETAILED PROMOTION RULES
1 PROMOTION OVERVIEW.
1A PROMOTION CONCEPT. Participants will go to The Home Depot Retool Your School website to nominate their favorite HBCU. After submission, they are re-directed to BlackAmericaWeb.com to complete an electronic entry form for a chance to win a trip for two (2) persons aboard the 2019 Tom Joyner Foundation Fantastic Voyage®.
1B PROMOTION PERIOD. The Promotion will begin at 5:00 AM CT on Monday, March 4, 2019 and ends at 5:00 PM CT on Sunday, March 17, 2019 (the “Promotion Period”) unless otherwise extended or terminated by Administrator.
1C SPONSOR. Reach Media, Inc.
- HOW TO ENTER THE PROMOTION. Participants may enter the Promotion by going to The Home Depot Retool Your School website to nominate their HBCU. After submission, they are re-directed to BlackAmericaWeb.com to complete an electronic entry form.
- SELECTION OF PRIZE WINNER. One winner will be selected on Monday, March 18, 2019. The winner will be selected from the pool of all eligible entries received during the Promotion Period, subject to verification of eligibility and compliance with the terms of these Official Rules (these “Rules”). The winning entry will be selected in a random drawing. If the selected winner is not validated, an alternate may be selected. The winner and guest are required to have appropriate travel documents in order to accept the prize for the Promotion.
- PRIZE. The prize for the Promotion is provided by the Tom Joyner Foundation (the “Prize Provider”), which will be the issuer of the IRS Form 1099 associated with the prize. The prize is a 2019 Tom Joyner Foundation Fantastic Voyage package for one winner and a guest for 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. The prize does not include air fare or any tax contribution which is not applicable to a prize. The winner may elect to not have a guest accompany them.
The prize is transferrable under standard Fantastic Voyage policies, which, among other requirements, includes payment of a $100 transfer fee. The winner and their guest must have appropriate travel documents. The winner and their guest are encouraged to purchase travel insurance, as no replacement value is provided if the winner or their guest is unable to participate.
In addition to completing prize documentation (as detailed in the General Promotion Rules below), each passenger (winner and 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. The Reservation Agreements must be completed no later than Monday, March 25, 2019, although the Fantastic Voyage may, in its sole discretion, extend such deadline. The failure to sign such documents within the timeframe given will be deemed the equivalent of declining the prize.
Under no circumstances will the winner be entitled to a refund of the purchase price of the package.
- RULES.The General Promotion Rules below are part of these Detailed Promotion Rules. If these Detailed Promotion Rules conflict with the General Promotion Rules, these Detailed Promotion Rules will prevail.
- COPY OF RULES AND WINNER.For a copy of these Rules or the name of the winner (available after Monday, March 18, 2019) send a self-addressed, stamped envelope to “The Home Depot Retool Your School, Last Cabin Giveaway” Promotion, c/o Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. The request must be received no later than Friday, April 19, 2019. These Rules are also available online at BlackAmericaWeb.com.
GENERAL PROMOTION RULES
ADMINISTRATOR AND PROMOTIONAL ENTITIES. The sponsor of and the “Administrator” for the Promotion is Reach Media, Inc., 13760 Noel Road, Suite 750, Dallas, Texas 75240. The “Promotional Entities” are, collectively, the Administrator, the Sponsor, the Prize Provider, Tom Joyner Morning Show®, the affiliated radio stations of The Tom Joyner Morning Show® and each of their respective parents, subsidiaries, affiliated companies, promotional partners, and their advertising and promotional agencies.
PROMOTION CHANGES. The Administrator reserves the right to make changes in the rules of the Promotion in 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 the Promotional Entities.
GENERAL ELIGIBILITY RESTRICTIONS. The Promotion is subject to all applicable federal, state and local laws and regulations. Unless further restricted, the Promotion is offered and open only to legal residents of the 50 United States and the District of Columbia. The Promotion is void in Puerto Rico and where prohibited by law. In any 60-day period, only one 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. The term “household” includes: (i) all persons living at the same street address, either full or part time, whether or not such individuals are legally related, and (ii) all persons living at different street addresses that are related by birth or marriage. For clarification, if the 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, and 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. In order for a potential winner to become an official winner, the Administrator must verify that: (i) the entrant was eligible to enter the Promotion, (ii) the potential winner was eligible to win the Promotion, and (iii) the potential winner completed and returned all required documentation (as specified under “General Requirements To Be Official Winner” below). Unless otherwise specified in the Promotion or the documentation package sent to the potential winner, all documentation must be returned within 10 days of receipt. Otherwise, the potential winner will be deemed disqualified. The prize will be awarded to the potential winner only after validation, which will be determined by the Administrator, in its sole discretion, and which will be deemed final. A potential winner may decline the prize by notifying the Administrator or by not returning the required documentation in the specified time. If the winner is found to be in violation of these Rules, they will be required to forfeit the prize or reimburse the Prize Provider for the stated value of the prize if such violation is found after the prize has been used by winner. Unless otherwise specified in the Promotion, if a potential winner is not validated, an alternate winner will not be selected.
GENERAL REQUIREMENTS TO BE OFFICIAL WINNER. The potential winner may be required to complete, execute, and return a documentation package within 10 business days (or such period as specified in the Detailed Promotional Rules) sent to potential winner prior to the acceptance of the prize. Such documentation package may include an affidavit of eligibility, a liability release, a publicity release, an IRS Form W‑9, a non‑disclosure agreement, and such other documents as deemed necessary by the Administrator. 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 on the number of eligible entries received. Purchase of any product or service from any of the Promotional Entities will not improve the odds of winning.
Limitations on Prizes. No more than one prize will be awarded. The Administrator and the Prize Provider reserve the right to substitute a prize of comparable or greater value in their sole discretion. All prize details are at the Administrator’s sole discretion. The awarded prize is only as detailed above and is not transferable or assignable, except as described above. Unless otherwise specified by Administrator, all prize documentation will be mailed to the winner via U.S. mail, at the address provided by the winner, and neither the Sponsor, the Administrator nor the Promotion Entities assumes any liability or obligation for any late, lost, damaged or misdirected prize documentation.
Taxes on Prizes. The 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 the prize, which are not specified herein as being awarded, are the sole responsibility of the winner.
Forfeited Prizes. If the prize is unclaimed or undeliverable, or if the potential winner has been disqualified, or if the potential winner does not return their documentation as required, the prize will not be awarded unless another disposition is specifically identified in these Rules.
Trip Limitations. If a trip is included in a prize, it is subject to the provisions in this section. If the potential winner cannot meet the limitations of this section, the prize will be forfeited in its entirety. The prize trip must be taken on the dates specified by the Prize Provider. All travel dates are subject to availability; blackout dates and restrictions may apply. The winner and guest must travel together on the same itinerary and all travel arrangements must be made through a travel agent selected by the Prize Provider. If any segment of the trip is outside the United States, the winner and guest are required to hold valid passports. Unless otherwise noted, prizes that include air transportation are subject to the following limitations: (i) if hotel accommodations are provided and the winner lives within a 200-mile radius of the hotel selected by the Prize Provider, the winner will not receive the air transportation portion of the prize, and the prize package will consist of all other remaining elements; (ii) all air transportation is to and from a major airport in the continental United States; and (iii) if the prize is provided by a carrier, the air transportation is limited to those airports served by such carrier. The winner will be responsible for all gratuities, meals, ground transportation and other incidental costs and expenses not identified in these Rules. If a trip or event is canceled due to an event of force majeure, the prize will be canceled. The winner is encouraged to secure trip interruption/cancelation insurance at their expense.
Game/Event Ticket Limitations. If provided in the prize, all game or event tickets are subject to standard rain check policies and procedures. The winner agrees that game and event tickets are awarded pursuant to a revocable, nontransferable license personal to that applicable winner. The winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate or otherwise convey any game or event ticket received as a prize. Any violation of these restrictions will revoke the winner’s license and the game and/or event tickets will not be honored.
RELEASES. All participants (entrants and winners), by participating in the Promotion, agree that the Promotional Entities, Home Depot U.S.A., Inc. (“Home Depot”) and each of their respective affiliates, officers, directors, employees, independent contractors, salespeople, representatives and agents (collectively, the “Releasees”) are released from all liability whatsoever, and will be held harmless by the participants from and against and all claims, actions and/or liability for injuries, losses or damages of any kind to any person, including without limitation, death and property damage, resulting in whole or in part, directly or indirectly from the acceptance, possession, use or misuse of the prize, participation in any Promotion-related activity, or participation in the Promotion. All participants acknowledge that neither the Promotional Entities nor Home Depot has made, nor is in any manner responsible for, any warranty, representation (including but not limited to, the correctness or accuracy of information posted on BlackAmericaWeb.com) or guarantee, express or implied, in fact or in law, relative to the Promotion.
USE OF NAME AND LIKENESS. By participating in the Promotion, all participants (entrants and winners) consent to the Promotion Entities’ use of their names, portraits, pictures and other likenesses, hometowns, states of origin, information from their entries, and voices in any and all media now or hereafter known (including on The 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, all participants agree that any or all of the Promotional Entities may contact entrants, winners and their associates, and disclose personal information obtained from them in the Promotion to affiliated entities and use that information for marketing and other purposes.
LIMITS OF LIABILITY. The Releasees do not assume any responsibility and they disclaim 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 Releasees do not assume any 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 any 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 or Internet, or for any theft or destruction of, tampering with, or unauthorized access to any entry information, or for any entries or 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 the 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 the prize 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 the Promotion, the Administrator reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion (or any portion thereof). Any attempt to defraud any of the Promotional Entities in any way will result in disqualification of the participant involved, and such participant will be prosecuted to the fullest extent of the 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.
TRADEMARKS AND SERVICE MARKS. Any trademarks used in the 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 will not be deemed to limit, cover or in any way affect the scope or meaning of these Rules or any part thereof.
GOVERNING LAW AND VENUE. All participants (entrants and winners): (a) agree to be bound by these Rules; (b) acknowledge the laws of the State of Texas will govern the Promotion, without respect to the conflict of law doctrines; and (c) agree to submit any disputes or conflicts relating to the Promotion or these Rules to the courts of competent jurisdiction in Dallas, Dallas County, Texas.