OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility. Subject to the additional restrictions below, the WHIO Orange Zone Slam Dunk Trivia Sweepstakes (the “Sweepstakes”) is (i) legal residents of the State of Ohio or the State of Indiana residing in one of the following counties: Union and Wayne Counties in Indiana: and Auglaize, Butler, Champaign, Clark, Clinton, Dark, Fayette, Greene, Highland, Logan, Mercer, Miami, Montgomery, Preble, Shelby and Warren Counties in Ohio; and (ii) who are eighteen (18) years of age or older at the time of entry. Employees of Miami Broadcasting Corporation d/b/a Cox Media Group Dayton (“Sponsor”), CMG Media Corporation, SVG Motors, LLC, Fricker’s Progressive Concepts, Inc., and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Sweepstakes or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Sweepstakes event.
Limit: Only one (1) prize winner may be selected from the same household every thirty (30) days in connection with any Sweepstakes sponsored or administered by any of the CMG Dayton radio or television stations (each, a “Station”). If you or a member of your household has won a prize from any Station within the last thirty (30) days, you will be ineligible to receive a prize in this Sweepstakes.
2. Sweepstakes Period. The Sweepstakes will begin on or about 11:30 a.m. Eastern Time (”ET) on March 12, 2023, and ends on or about 11:59 p.m. ET on March 16th, 2023, at the latest (the “Sweepstakes Period”).
Sponsor will be the official timekeeper for the Sweepstakes.
3. How To Enter. During the Sweepstakes Period, entrants can enter the Sweepstakes each week by taking the following steps:
i. Watch WHIO-TV each Sunday at 11:30 a.m. ET to 12:00 p.m. ET during the Sweepstakes Period and listen for the trivia question (the “Question”);
ii. Submit the correct answer to the Question at www.WHIO.com/whio-radio/contests, complete all of the required information, and follow all posted instructions.
Entrants must complete the official entry for each applicable week’s Question before 11:59 p.m. ET on the Wednesday immediately following the Sunday on which the Question was asked. Subject to verification of eligibility and compliance with these Official rules, each entrant who submits the correct answer to the Question (“Weekly Qualifier”) will be entered into a random drawing for such week during the Sweepstakes Period (each, a “Weekly Drawing”) for the chance to be selected as the potential “Weekly Winner” (as defined below). For the purposes of these Official Rules, a week is defined as Sunday to Saturday. The correct answer to each week’s Question will be determined in Sponsor’s sole discretion.
If there are no Weekly Qualifiers for a given week, then all such entrants for such week will be entered into such week’s Weekly Drawing.
Limit: Maximum one (1) entry per person per email address for each Weekly Drawing. An entrant can only be a Weekly Winner once every thirty (30) days during the Sweepstakes Period.
By participating in the Sweepstakes, you agree to be bound by Sponsor’s Visitor Agreement (www.whio.com/visitor-agreement) and Privacy Policy (www.whio.com/privacy-policy) and the terms and conditions governing the use of the App, as applicable, which are hereby incorporated by reference.
Any winning entrant must be the same person who originally submitted the entry to participate in the Sweepstakes. No family members, friends, office associates, or any other person will be allowed to participate in a Sweepstakes on another person’s behalf. An entrant must provide his or her own name as listed on his or her valid Ohio or Indiana driver’s license or Ohio or Indiana state-issued ID (or other proof of Ohio or Indiana residency, such as a copy of a utility bill). If a participant uses a false name on any ID submitted as proof of identification, he or she will be immediately disqualified from the Sweepstakes and be ineligible to win any prize.
Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes. In the event of a dispute, an Entry will be declared made by the authorized account holder of the account from which the entry was sent. “Authorized account holder” is defined as the natural person who is assigned to a telephone number or other identifier automatically associated with the entry by a wireless service provider that is responsible for assigning the same. The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Sweepstakes application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Sweepstakes eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes.
4. Winner Selection and Odds.
On or about the Thursday following the Question asked each week of the Sweepstakes period, Sponsor will select one (1) potential Weekly Winner from among all eligible Weekly Qualifiers in a random drawing (the “Weekly Winner”) (i.e., the Weekly Drawing for a Question asked on Sunday, September 11 will take place on Thursday, September 15). An entrant can only be a Weekly Winner once every thirty (30) days during the Sweepstakes Period. Odds of becoming the Weekly Winner vary based on the number of entrants.
5. Prize Description.
Weekly Winner Prizes: Subject to verification of eligibility and compliance with these Official Rules and qualifications, up to five (5) Weekly Winners will each receive:
- One (1) $25 gift card to Fricker’s Restaurants.
The Approximate Retail Value (“ARV”) of each weekly qualifier prize: $25
Gift card subject to terms and conditions of gift card issuer.
Limit: One (1) prize per person and per household during the Sweepstakes Period.
6. Winner Notification and Acceptance. Potential Weekly Winners will be selected and notified on or about the Thursday following each week of the Sweepstakes Period at the email address or phone number provided by entrant.
Unless otherwise advised by Sponsor, to claim his/her prize, the potential winner must personally visit Sponsor’s offices at 1611 S. Main St., Dayton, OH 45409, within twenty-four (24) hours after notification (office visits must be between the hours of 9:00 a.m. EST and 5:00 p.m. EST, weekdays) and must present a valid government-issued photo ID.
Potential winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law), which must be notarized and returned within twenty-four (24) hours of notification and a written commitment to be awarded the prizing.
Sponsor’s inability to reach a potential Weekly Winner or Grand Prize winner after a reasonable (as determined solely by Sponsor) effort has been made, the failure of a potential Finalist to timely respond to a prize notification, the return of any prize notification as undeliverable and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential Finalist’s disqualification and the selection of a substitute Finalist by a random drawing from among all remaining eligible entries received during the Sweepstakes Period. Sponsor will conduct up to three alternate drawings, after which the prize will remain un-awarded.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
7. Publicity. Except where prohibited, acceptance of any prize constitutes the winner’s irrevocable consent to the publication or other use by Sponsor and its licensees of his or her name, biographical information and likeness in any media, including the Internet, for any commercial, publicity or promotional purpose, without limitation, review or approval, or additional compensation.
8. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor and any Sweepstakes judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
9. Release. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, CMG MEDIA CORPORATION, SVG MOTORS, LLC, Fricker’s Progressive Concepts, Inc., AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE SWEEPSTAKES; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE SWEEPSTAKES OR ANY PRIZE.
10. Limitations of Liability. By PARTICIPATING IN the Sweepstakes, ENTRANTs acknowledge and agree that EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEB SITE AND THE prize(S), ARE provided “as is” and that Sponsor makes no representations or warranties OF ANY KIND, express or implied, about the Prize(S) and sponsor hereby DISCLAIMS all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, or production errors, or by any of the equipment or programming associated with or employed in the Sweepstakes; (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 entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes, the processing of entries, or the notification of any winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize.
Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prizes by a random drawing among all legitimate eligible prize claims.
11. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforce-ability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
12. Sponsor. The WHIO Orange Zone Slam Dunk Trivia Sweepstakes is sponsored by Miami Broadcasting Corporation d/b/a Cox Media Group Dayton. The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Sweepstakes. For a list of winners (available after February 20, 2023) or for a copy of the official rules, send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), WHIO Orange Zone Slam Dunk Trivia Sweepstakes, 1611 S. Main St., Dayton, OH 45409. A copy of these Official Rules can be viewed by visiting www.whio.com/whio-radio/contests. If you have any questions regarding this Sweepstakes, please contact the Promotions and Marketing Department at 937-259-2111, mail at 1611 S. Main St., Dayton, OH 45409, or send an email to todd.hollst@cmg.com.
0144325.0730070 4881-2270-4943v1