Small Changes For Health 2018 Official Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
Emmis Radio, LLC d/b/a Incite St. Louis (“Emmis”) and The City of St. Louis Department of Health, have teamed up to give Emmis listeners a chance to win a six (6) night trip for two (2) adults to Riu Yucatan in Riviera Maya, Mexico valid through November 1st, 2018, a one-year membership to Gold’s Gym, or a Massage Envy Gift Card for a one 1-hour massage in the Small Changes for Health Contest (the “Contest”). This Contest is governed by these Official Rules. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules, as well as by all interpretations of these Rules by Emmis and by all other decisions of Emmis which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsors of the contest are Emmis and The City of St. Louis Department of Health, AARP in St. Louis, Apple Vacations, RIU Hotels and Resorts, Gold’s Gym, and Massage Envy (the “Sponsors”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents of the states of Missouri or Illinois who are at least 21 years of age or older at time of entry (unless otherwise specified). If Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsors reserve the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis Operating Company, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won an Emmis Contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
HOW TO ENTER:
The Contest begins on January 15, 2018 at 12:00 am (central time) and ends on March 25, 2018 at 12:00 am (central time) (the “Entry Period”). Eligible participants can enter in the following different ways:
Via the Internet:
During the Entry Period eligible participants can go to www.scfh.wpengine.com and follow the entry instructions.
All participants must accurately complete all required fields or entry will be deemed invalid. In order to participate, you will need Internet access and a valid email address. Limit one entry per person.
Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsors upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and warrants that they are the exclusive owner of the copyright and all other proprietary rights in their Submission. Participant further represents and warrants that they have the right to grant to any third party the right to use, reproduce, distribute, perform and display the Submission. All Submissions must have appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any song submissions must be original material. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant agrees to indemnify, defend and hold Sponsors harmless. Sponsors may stream any submissions on-demand on Sponsors’ or their affiliates’ websites. Sponsors are not responsible for paying any internet or other music royalties on any Submission.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
PROVISION OF WIRELESS NUMBERS TO THE STATION:
A Participant who signs up to receive text messages from Sponsors:
- authorizes Sponsors to deliver or cause to be delivered, to the wireless number
that the Participant provided, telemarketing messages using an automatic
telephone dialing system;
- understands that he or she is not required to enter into this agreement or agree to
enter into such an agreement as a condition of purchasing any property, goods, or
- agrees that, if the wireless number provided to Sponsors is reassigned to another
person, the Participant will promptly notify Sponsors that such reassignment has
Message and data rates may apply. Sponsors are not responsible for any fees incurred by a Participant who provides a wireless number in connection with the Contest.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsors' computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
One (1) Grand Prize winner will win a six (6) night trip for two (2) adults to Riu Yucatan in Riviera Maya, Mexico. The Grand Prize trip must be completed by November 1st, 2018. The Grand Prize includes: six (6) nights of accommodations in a standard room double occupancy at the RIU Yucatan, roundtrip nonstop coach airfare for two (2) adults from St. Louis, Missouri to an airport in Mexico, ground transfers for two (2) adults to/from the arrival airport in Mexico and the Riu Yucatan resort, all meals and drinks for two (2) adults in the Riu Yucatan resort during the six (6) night trip, and the assistance of a resort Apple representative. Sponsors reserve the right to modify travel details and/or add travel requirements, restrictions, or limitations as necessary in Sponsors’ sole and absolute discretion.
Ten (10) Participants will win one (1) year memberships to Gold’s Gym at any of the twelve (12) St. Louis, Missouri metro Gold’s Gym locations. The one-year membership cannot be applied to a current Gold’s Gym membership. Ten (10) Participants will win a Massage Envy Gift Card for a 1-hour massage. The approximate retail value of a Massage Envy Gift Card is $75. The approximate retail value of a one (1) year Gold’s Gym membership is $500. The approximate retail value of the Grand Prize trip to Riviera Maya, Mexico is $2,500. The aggregate prize value of the Contest is $8,250. No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Sponsors are not responsible for cancellations or delays in travel accommodations and have no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays. Winner and guest (if applicable) are responsible for all travel documents (such as government issued identification) required for travel. Black-out dates may apply. All other expenses and costs, not expressly listed above, including, but not limited to, federal, state, and local taxes, tips, meals (unless otherwise specified), minibar, telephone calls, ground transportation (unless otherwise specified), and entertainment are the prize winner’s sole responsibility. All travel risks, insurance, loss or damage due to prize acceptance or use are the sole responsibility of the prize winner. Sponsor will not be responsible for any loss, liability or damage arising out of the winner’s acceptance or use of the prize. Prize winner may wish to obtain travel insurance (or other forms of insurance) at their own expense and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
(1) Grand prize winner, ten (10) Gold’s Gym 1-Year Membership winners, and ten (10) Massage Envy 1-hour Massage Gift Card winners will be randomly selected on or about May 1st, 2018 from among all eligible entries received. Winner(s) will be contacted by Sponsors by email or phone on or about May 1, 2018.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize within thirty (30) days at Emmis’ business office located at 401 S. 18th St. St. Louis, MO 63103. The prize may be picked up any time between the hours of 9:00 a.m. and 5:00 pm central Monday-Friday but excluding holidays. The Sponsors have the right in their sole discretion to mail the prize to the winner. Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize's safe arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for taxreporting purposes. Sponsors reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors' sole discretion.
Winner(s) required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded. Winner’s travel partners must be at least 21 years of age and are required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement prior to receiving the companion travel ticket. By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from Emmis, will forfeit the prize. Emmis reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules; and (iv) the Materials (as hereinafter defined) or any use thereof, shall not violate any law and shall not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy). “Materials,” as used in this subsection means any and all information and data, in any form or medium, submitted by Participant in connection with the Contest. Sponsor’s acceptance and/or utilization of the Materials hereunder shall not constitute a waiver of Participant’s representations, warranties or agreements in respect thereof, or a waiver of any of Sponsor’s rights or remedies.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Emmis, Emmis Communications Corporation, Emmis Operating Company, the City of St. Louis Department of Health, AARP of St. Louis, Riu Hotels & Resorts, Gold’s Gym, Massage Envy, Apple Vacations, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other Social Media Platform. By submission of an entry, Participant releases Facebook, Twitter, Instagram, and all Social Media Platforms from any responsibility or liability for the Contest’s administration, prizes or promotion. You are providing entry information to the Sponsor and not to Facebook, Twitter, Instagram and all Social Media Platforms.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Emmis and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Emmis and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
By participating in the Contest, Participant irrevocably grants to Sponsors the perpetual right, without any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available and otherwise use the Materials throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without payment of any compensation to Participants in connection with the Contest.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsors reserve the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, a Participant understands and agrees that:
- the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class
- 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 and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and
Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- any claim or dispute regarding the Contest or these Official Rules will be resolved pursuant to the laws of Missouri, without regard to the conflicts of laws and rules of Missouri;
- any claim or dispute regarding the Contest or these Official Rules will be resolved in a tribunal within the state of Missouri, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
- if for any reason a claim or dispute regarding the Contest or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial. The invalidity or unenforceability of any provision of these Official Rules, including but not
limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
OFFICIAL RULES/LIST OF WINNERS:
Copies of these Rules may be obtained by sending a self-addressed stamped envelope to:
401 South 18th Street
St. Louis, MO 63103.
These Rules may also be found at www.scfh.wpengine.com.
For a list of any Contest winners send a self-addressed, stamped envelope to:
401 South 18th Street
St. Louis, MO. 63103
Emmis Radio, LLC d/b/a Incite St. Louis
401 S 18th Street
St. Louis, MO, 63090
City of St. Louis Department of Health
1520 Market Street
P.O. Box 14702
St. Louis, Missouri 63178
AARP in St. Louis
8059A Watson Road
Webster Groves, MO 63119
P.O. Box 6500
Newtown Square, PA 19073
4001 Maple Ave. Ste. 200
Dallas, TX 75219
14350 N 87th St
Scottsdale, AZ 85260