NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PROMOTION DATES: The #979BoostHER Contest (the “Promotion”) starts on March 1, 2022 at 10:00am Central Time (“CT”) and ends on March 27, 2022 at 5:00pm CT (“Promotion Period”). The time will be determined by the local Station timekeeping system of KBXX-FM (“Sponsor”). Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Promotion.
ELIGIBILITY: Promotion is open to legal residents of the United States who are 18 years of age or older, who live within the Houston, TX metropolitan area (“Promotion Area”), who are current or aspiring business owners, and who have internet access as of the start of the Promotion Period. Employees of Sponsor, Radio One of Texas II, LLC (“Company”), prize provider (if any), Boost Mobile, Mediaproz (“Promotion Parties”) and of their respective parents, subsidiaries, affiliates, promotion agencies, advertising agencies, and any other entity involved with the development or administration of this Promotion and members of those employees’ immediate family (spouse, parents, grandparents, children, grandchildren, and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited and outside the Promotion Area.
Persons who have won a prize in another Contest or promotion of any kind from the Sponsor or Company within the 30-day period immediately preceding the start date of this Promotion are not eligible to participate. Only one person per family or household (whether related or not) may win in any promotion from the Sponsor during any 30-day period.
HOW TO ENTER: During the Promotion Period, entrants must do the following: Contest participants must post a video of them inside a Boost Mobile store giving a brief (maximum of one (1) minute in length) verbal pitch of why their business could use a boost and why they should win the prize (“Submission”). Video pitches must be recorded in front of Boost Mobile official store signage. Once you have created your Submission, you may enter as follows:
1) Instagram: Log on to your Instagram account and post an original video post that includes the above Submission, the hashtags #979BoostHER and #contest, and tags @979thebox in your post to receive one entry. An Instagram account is required to enter via this entry method and can be opened for free at www.instagram.com or by downloading the Instagram application onto your smart phone from your appropriate app store.
ENTRY REQUIREMENTS: Submission must not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about the Sponsor and/or any sponsor, other people, or companies;
- infringes any third party’s intellectual property right;
- contains any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities, and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images, and/or good will to which Sponsor wishes to associate; and/or
- violates any law.
By submitting a Submission, each entrant represents and warrants that the Submission meets all of the Entry Requirements and that the distribution, reproduction, display and any other uses of any part of the Submission by Sponsor as permitted herein will not infringe any third-party rights. Each entrant further agrees to indemnify and hold Released Parties (defined below) harmless from and against all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such entrant of such warranties or representations made by entrant or of these Official Rules.
If additional individuals are featured in the entry, each entrant warrants and represents that the entrant has obtained permission from each person who appears in the Submission.
If Sponsor determines, in its sole discretion and at any time during the Promotion, that any Submission violates the Entry Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Submission. Sponsor retains sole discretion as to whether any Submission satisfies the Entry Requirements and the Official Rules.
WINNER DETERMINATION: After the close of the Promotion Period, one (1) potential winner will be selected from among all eligible entries via judging. In Sponsor’s sole discretion, eligible entries will be judged on a scale of 1-10 on the following criteria:
- Video creativity
- Sound clarity
- Idea for the use of the Prize, pertaining to business
If there is a tie for first place, the judges will re-judge the tied entries based on the above criteria to determine the winner.
WINNER NOTIFICATION AND VERIFICATION: Sponsor will attempt to notify potential winner by direct message or comment on Instagram and potential winner must respond within 72 hours of initial notification attempt. Potential winner will be asked to provide their full name, telephone number (including area code), date of birth, street address, and/or email address and will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, and, if so, required documents must be signed and returned within three business days of date appearing on prize notification. Prize will be awarded only upon winner verification and final approval by the Sponsor. If potential winner does not respond by the deadline set forth above, if potential winner does not claim the prize by the deadline, if prize notification is returned as undeliverable, if potential winner fails to sign and return requested documentation within the specified time period, and/or if potential winner is not in compliance with these Official Rules, including eligibility requirements, that potential winner may be disqualified and, at Sponsor’s sole discretion, the Sponsor may select an alternate winner, time permitting, by applying the judging criteria set forth above to remaining eligible entries. If the winner is at least 18, but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein. Winner may be instructed to come to the offices of the Sponsor located at the address set forth below during regular business hours to claim the prize, and, if so, winner will be given a deadline to do so. If Sponsor mails prize to winner, Sponsor is not responsible for loss, delay, or damage in delivery. Winner may be required to provide valid identification (e.g., via valid state-issued driver’s license, passport or other government-issued I.D. containing the person’s name, date of birth, and photograph) to claim the prize. If so, identification documents must match information previously provided to the Sponsor. The prize may be claimed only by the actual winner. Friends and family members are not eligible to claim the prize on behalf of the winner. Released Parties (defined below) shall not be liable for any claims made by ineligible entrants.
PRIZE: There is one prize. One (1) winner will be awarded one (1) iPhone 13 with a one (1) year Boost Mobile service plan, Two Thousand Dollars ($2,000) in digital advertising with KBXX-FM, and One Thousand Dollars ($1,000) in cash (ARV = $5,200) (“Prize”). The total approximate retail value of the prize is Five Thousand Two Hundred Dollars ($5,200). Prize is awarded “as is” with no warranty or guarantee, either express or implied. No substitution of prize is offered, and the prize may not be transferred to a third party. Non-cash prizes may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. The Sponsor reserves the right to substitute an item of equal or greater value if an advertised prize element is unavailable. All federal, state, and local taxes on the prize, and any other costs, fees, and expenses associated with prize acceptance and use not specifically provided for herein are the sole responsibility of the winner. Properly claimed prize will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules.
Should the winner already have an account with Boost Mobile, the complimentary one (1) year service plan will be applied to the existing account.
To the extent that prize elements are provided by third-party providers, winner agrees to look solely to applicable prize providers with respect to any claims, losses, or disputes in connection therewith. If any winner is found to be in violation of these Official Rules or is otherwise determined by the Sponsor, in its sole discretion to be ineligible, he/she may be required to forfeit the prize or to reimburse the Sponsor and/or any sponsor for the stated value of the prize if such a violation is found after the prize has been used by the winner. All cash prizes shall be provided in the form of a mailed check. The iPhone 13 must be picked up in-person. Sponsor shall coordinate with winner to pick up the iPhone 13 from Sponsor’s offices via curbside pickup.
All digital advertising through KBXX-FM must be completed by September 30, 2022. The Promotion Parties are not responsible for substitute or alternative prizing in the event the digital advertising is not completed by this date.
WARNING: Winners are responsible for payment of all applicable taxes associated with the receipt of the prize.
GENERAL CONDITIONS: Entrant agrees that it is entrant’s responsibility to participate in the Promotion and to use the prize (if applicable) in a manner that is safe for entrant and third parties. By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges which will be final and binding in all respects relating to this Promotion; (b) to release, discharge, and hold harmless the Promotion Parties, any applicable social media platform (Instagram or Facebook), and the advertising agencies, promotion agencies, and any other third-parties involved in the development or administration of this Promotion and all of their respective parents, affiliates, subsidiaries, and all of the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from all injuries, liability, losses, and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Promotion or any Promotion-related activity or the acceptance, possession, use or misuse of the awarded prize or prize element; and (c) to the use of his/her name, voice, performance, photograph/video, prize information, image, and/or likeness for programming, advertising, publicity, trade, and promotional purposes in all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor management and its designees (unless prohibited by law), without compensation or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of Sponsor, which Sponsor may withhold in its sole discretion. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Promotion; (b) has failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Promotion; or (d) has acted toward Sponsor, any other entity affiliated with the Promotion, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or entry materials used in connection with the Promotion, the terms of these Official Rules will govern.
ASSUMPTION OF THE RISK. Contestants, by entering the Promotion and/or accepting and collecting the Prize, acknowledge and understand the following:
- Contestants are participating in the Promotion and/or Prize Collection during a pandemic and COVID-19 is highly contagious and has impacted the entirety of the United States.
- Participation in the Promotion and/or Prize Collection includes traversing in public during a pandemic and possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
- Contestants knowingly and freely assume all such risks related participation in the Promotion and/or Prize Collection including but not limited to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
- Contestants knowingly assume the risk of illness, injury, harm and loss associated with participation in the Promotion and/or Prize Collection, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
LICENSE/USE OF SUBMISSIONS: By submitting a Submission, and to the extent allowed by law, the entrant grants the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit, and/or otherwise use or reuse the Submission, including, but not limited to, all materials submitted in connection with the Promotion in all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, Instagram or Facebook updates; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties that may occur in connection with the administration of the Promotion, the processing of entries and/or updates, the announcement of the prize and winner, or in any other Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or used in the Promotion. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Should any portion of the Promotion be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes that, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, the Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, select the potential winner by applying the judging criteria set forth above to all eligible, non-suspect entries received prior to action taken, or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances, if possible. If Sponsor terminates the Promotion, Sponsor will announce the termination via the social media channels through which the Promotion was disseminated.
GOVERNING LAW AND JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Texas (“State”), without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. The state and federal courts located in the State will be the exclusive forum for any dispute relating to these Official Rules and/or this Promotion. All entrants and winner agree, by their participation in the Promotion, to submit to the personal jurisdiction of the state and federal courts in the State and waive the right to Contest jurisdiction.
Winner NAME: For the name of the winner, send a self-addressed stamped envelope with the name of the Promotion on the outer envelope and addressed to Winner Name, KBXX-FM 24 Greenway Plaza, Suite 900, Houston, TX 77046 within two months of the end of the Promotion.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
SPONSOR: Radio One of Texas II, LLC 24 Greenway Plaza, Suite 900, Houston, TX 77046
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.