“Huge Email/Tweet of the Day” Contest presented by O’Reilly Auto Parts
in The Jim Rome Show Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. HOW TO ENTER: Beginning at 12:00:01 am Eastern Time (“ET”) on Monday, December 26, 2016, and ending at 11:59:59 pm ET on Thursday, December 14, 2017 (not including the Excluded Contest Weeks as defined below, the “Contest Period”) you can enter the “Huge Email/Tweet of the Day” Contest presented by O’Reilly Auto Parts in the Jim Rome Show (the “Contest”) by sending an email to firstname.lastname@example.org or tweeting to @jimrome via Twitter® sharing a unique personal insight or comment based on a sports topic discussed during The Jim Rome Show that airs weekdays from 12pm-3pm ET. Each email or Tweet must be regarding a sports topic discussed on The Jim Rome Show during the week immediately preceding a particular Friday’s selection as further described in Section 4 below. All submissions must adhere to the guidelines listed in Section 9 below. The Contest is sponsored by O’Reilly Automotive Stores, Inc., d.b.a. O’Reilly Auto Parts, 233 South Patterson Avenue, Springfield, MO 65802-2298 (“Sponsor”) and administered by CBS Sports Radio Network Inc., 345 Hudson Street, New York, NY 10014. Westwood One, Inc. (“WWO), 220 W. 42nd Street, New York, NY 10036 is responsible for fulfilling and shipping the Weekly Prizes. (Sponsor, Administrator and WWO are referred to herein collectively as the “Parties”). The Contest is subject to these Official Rules. No Contest winners will be selected during the following weeks in 2017: January 2, January 30, March 6, May 8, August 7, September 4, November 6, November 13, December 4, December 18 and December 25 (such, the “Excluded Weeks”) and accordingly, there shall be no drawings on the Fridays of those weeks which are the following Fridays in 2017: January 6, February 3, March 10, May 12, August 11, September 8, November 10, November 17, December 8, December 22 and December 29, 2017. By participating, entrants agree to be bound by these Official Rules and the decisions of the Parties, which shall be final and binding in all respects. Any information provided by entrant in the tweet is provided to the Parties, and not to Twitter®. The Contest is intended to comply with the Guidelines for Contests on Twitter® which can be found at https://support.twitter.com/articles/68877-guidelines-for-contests-on-twitter#. Any method of entry other than the foregoing is void and will not be honored. There is no limit to the number of entries an entrant may submit during the Contest Period, so long as each entry is original and not a duplicate of a prior entry, however only one (1) winner per physical address, email address, account holder, phone number or person is allowed during the Contest Period. No responsibility is assumed by the Parties for any technical malfunctions that may occur. No mechanically or electronically reproduced entries are allowed. The use of automatic devices for entry is not valid and may result in disqualification. You must complete and submit all required information to be eligible to enter to win. The Parties are not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties or other technological glitches or for incomplete, illegible, corrupted, or untimely entries, which will be voided and disqualified. All entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning the e-mail address or the domain associated with the submitted e-mail address. All entries submitted become the sole property of the Parties and will not be acknowledged or returned. Proof of submission of an entry shall not be deemed proof of receipt by the Parties. The Administrator’s computer is the official time keeping device for the Contest. Potential winners may be required to show proof of being the registered user of an account. Entries specifying an invalid, nonworking or inactive e-mail address will be disqualified and ineligible to win. There will be one winner selected each Friday during the Contest Period (with the exception of the last winner who will be selected on the Friday after the Contest Period ends). To be eligible for a chance in win in any particular week of the Contest Period, entries must be received between Friday at 12:00:00 pm ET and 11:59:59 pm ET of the Thursday immediately preceding that particular Friday’s drawing. Notwithstanding the foregoing, the first drawing will be held on Friday, December 30, 2016 based on entries received from 12:00:01 am ET on Monday, December 26, 2016 to 11:59:59 pm ET on Thursday, December 29, 2016.
2. ELIGIBILITY: The Contest is open to all legal residents of the 48 contiguous United States and the District of Columbia, eighteen (18) years of age or older at the time of entry. Employees, officers and directors (including their families and persons residing in the same household) of the Parties and of the Parties’ respective members, parents, subsidiaries, and affiliated companies, affiliate radio stations or their licensees, promotional agencies, independent contractors, program suppliers and advertising agencies are ineligible to enter or win the Contest (such persons, collectively, “Ineligible Parties”). The Contest is subject to all applicable federal, state, and local laws and regulations and void where prohibited. The Parties reserve the right to verify the eligibility of any entrant. A winner is eligible to win only one Weekly Prize during the Contest.
3. RESTRICTIONS: The Parties and each of their respective parent organizations, subsidiaries, affiliates, officers, directors, shareholders, agents, representatives, employees, local radio station affiliates or their licensees, promotional agencies or independent contractors (individually, a “Sponsoring Entity” and collectively, the “Sponsoring Entities”) are not responsible for late, lost, misdirected, incorrectly addressed, incomplete, undeliverable or destroyed entries, or for any: (i) hardware or software failures of any kind, (ii) lost or unavailable network connections, (iii) failed, incomplete or garbled computer or telephone transmissions, (iv) typographical or system errors and failures, (v) faulty transmissions, or (vi) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, or computer equipment. The Sponsoring Entities are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of any winner, or the distribution of any prize. In addition, the Sponsoring Entities are not responsible for any entry not received by Administrator on account of technical problems or traffic congestion on the Internet, or at any website participating in the Contest, or any combination thereof, including, without limitation, any injury (including personal injury) or damage to entrant’s or any other person’s personal property (e.g., computer) related to or resulting from playing the Contest (or downloading any material for the Contest) or other telecommunications malfunctions which may limit an entrant’s ability to participate. Either Party may prohibit you from participating in the Contest or winning a prize, if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, engaging in deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other players or representatives of the Sponsoring Entities. If the Contest is not capable of running as planned for any reason including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Parties, that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, the Parties reserve the right at their sole discretion to void any suspect entries and/or cancel, terminate, modify or suspend the Contest without prior notice or obligation to any entrant or other third party. In the event the Contest is suspended, terminated or canceled, winners may be randomly selected from all eligible entries received up to the date of such suspension, termination or cancellation. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE PARTICIPATING IN THE CONTEST, INCLUDING WWW.WESTWOODONE.COM (“WEBSITE”) OR THE WEBSITE OF ANY PARTICIPATING LOCAL RADIO STATION AFFILIATE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PARTIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. PARTIES’ FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. Entrants are required to provide truthful information and the Parties will reject and delete any entry that it discovers to be false or fraudulent. The Parties will disqualify any entry from individuals who do not meet the eligibility requirements and the Parties will also delete any entry received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act.
4. SELECTION OF WEEKLY PRIZE WINNERS: On Friday of each week of the Contest Period (with the exception of the Excluded Weeks during which no winner shall be selected), all qualifying entries in the Contest received between 12:00:00 pm ET of the immediately preceding Friday and 11:59:59 pm ET of the day immediately preceding that particular Friday’s selection (i.e., Thursday) will be eligible to win and will be reviewed by the Jim Rome Show staff. One (1) potential winner, pending verification of eligibility and compliance with these official rules (the “Weekly Prize Winner” or “Winner”), will receive the Weekly Prize (defined in Section 5 below) if they are selected. Notwithstanding the foregoing, the first Friday selection will be held on Friday, December 30, 2016 based on entries received from 12:00:01 am Eastern Time (“ET”) on Monday, December 26, 2016 to 11:59:59 pm ET on Thursday, December 29, 2016. Weekly Prize Winners may win only one (1) Weekly Prize during the Contest Period. Each Weekly Prize Winner will be chosen in the sole discretion of show host Jim Rome and/or the Jim Rome Show staff as the “Huge Email/Tweet of the Day.” Winner will be notified by Direct Message at the Twitter handle used to submit their entry. By participating in the Contest, each entrant agrees to receive communications from Twitter®. @jimrome will “follow” the potential winner on Twitter® and make two (2) attempts (each, a “Direct Message”) to reach the potential Winner via Direct Messaging or Twitter®. If a potential Winner does not respond to the Direct Message with additional personal contact information by the time and date indicated in the notification after two (2) attempts have been made, he/she will be disqualified without compensation of any kind, and an alternate Winner will be selected at random from the remaining non-winning eligible entries received and contacted via Direct Message. Once Winner has responded to the Direct Message with their contact information, the Winner will then be notified by Westwood One via e-mail. Any Weekly Prize will be awarded subject to verification of eligibility and compliance with these Official Rules, and as long as all qualifications relating to the Contest are met. If the Winner has not obtained the age of majority in his or her state of residence, then the Weekly Prize will be awarded to the Winner’s parent or legal guardian (as determined by the Parties in their sole discretion). Odds of winning are based upon the total number of eligible entries received. This is a national multi-market Contest in which all entrants will compete with other entrants, including the listeners of multiple radio stations in multiple markets throughout the United States during the Contest Period. No Contest winners will be selected during the following weeks in 2017: January 2, January 30, March 6, May 8, August 7, September 4, November 6, November 13, December 4, December 18 and December 25 (such, the “Excluded Weeks”) and accordingly, there shall be no drawings on the Fridays of those weeks which are the following Fridays in 2017: January 6, February 3, March 10, May 12, August 11, September 8, November 10, November 17, December 8, December 22 and December 29, 2017.
5. WEEKLY PRIZES: Forty-two (42) Weekly Prize Winners will each receive one (1) Fifty Dollar ($50) O’Reilly Auto Parts gift card (“Weekly Prize”) (ARV of all Cards Awarded in Contest: $2,100). All Weekly Prizes are based upon availability, substitutions may apply. O’Reilly Auto Parts gift card is redeemable at participating O’Reilly Auto Parts locations within the U.S. and subject to Gift Card terms and conditions. Sponsor will not replace any lost, mutilated or stolen gift cards. WWO reserves the right to substitute any Weekly Prize with a prize of comparable or greater value if Weekly Prize should become unavailable for any reason. Weekly Prizes are not transferable prior to award. Winners are responsible for all federal, state and local taxes arising from receipt, possession, acceptance or use of any Weekly Prize, if applicable.
6. WINNER NOTIFICATION; CONDITIONS: Winners who have responded to the Direct Message and provided their personal contact information will then be notified by e-mail to confirm their shipping address to receive their Weekly Prize. By entering the Contest, entrants are agreeing they meet the eligibility requirements stated in these Official Rules and they are not an Ineligible Party as that term is defined in Section 2 of these Official Rules. The Winner will be required to respond with their complete shipping address within five (5) days of notification and, as may be required, at the Parties’ discretion, to complete and sign other forms pertaining to the Contest before the Weekly Prize is awarded. In the event any such shipping address is not received by WWO within the specified time period, Sponsorship Entities reserve the right to choose an alternate winner. By entering the Contest, entrants release the Sponsoring Entities from any and all harm, injury or liability of any kind that may result in connection with entrants’ participation in the Contest, the acceptance, use, misuse, possession, loss or misdirection of the Weekly Prize or any typographical or other error in the printing, offering or announcement of any Weekly Prize. If the Winner is deemed a minor in his/her state of residence, the Weekly Prize will be awarded in the name of his/her parent or legal guardian. All federal, state, and local taxes and any expenses not expressly provided for in these Official Rules are solely the responsibility of the Winner. Except where prohibited by law, the Winner’s entry and acceptance of the Weekly Prize constitutes Winner’s permission to the Sponsoring Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) for advertising and promotional purposes worldwide and in all forms of media, in perpetuity, without further compensation and is deemed a certification that such entrant meets the eligibility requirements of the Contest as listed in these Official Rules and is not an Ineligible Party. BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD HARMLESS THE SPONSORING ENTITIES FROM ANY AND ALL LIABILITY OR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE CONTEST OR ANY WEEKLY PRIZE WON. Entrants agree that all entries become the property of the Sponsoring Entities and none will be acknowledged or returned. The Sponsoring Entities and their designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as the Parties and their designees may determine without further consideration to entrants or any third party
7. BINDING NATURE OF OFFICIAL RULES; WAIVER OF CLAIM OF AMBIGUITY: The Contest are subject to these Official Rules. By participating, entrants agree to be bound by these Official Rules and the decisions of the Parties and waive any right to claim ambiguity in the Contest or these Official Rules. Administrator and WWO reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
8. CONTEST PROVIDED “AS IS”: THE WINNER AND ENTRANTS AGREE THAT THE SPONSORING ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR, AND EACH WINNER AND ENTRANT AGREES TO RELEASE THE SPONSORING ENTITIES FROM, LOSSES, DAMAGES, OR INJURIES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING FROM PARTICIPATING IN THE CONTEST OR CONTEST-RELATED ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE ACCEPTANCE/POSSESSION AND/OR USE/MISUSE OF ANY WEEKLY PRIZE AND/OR ANY INJURY OR DAMAGE TO ENTRANT’S OR THIRD PERSON’S PROPERTY RELATED TO OR RESULTING FROM ANY WEEKLY PRIZE OR ANY PART OF THE CONTEST. BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE THAT SPONSORING ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND THAT ENTRANT SHALL HOLD SPONSORING ENTITIES HARMLESS AGAINST, ANY LIABILITY FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THE CONTEST, ENTRANTS AGREE THAT SPONSORING ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, WHETHER OR NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET WEBSITES USED IN THE CONTEST (WEBSITE AND THE WEBSITE OF ANY PARTICIPATING LOCAL RADIO STATION AFFILIATE) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE AFOREMENTIONED SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE CONTEST, INCLUDING ANY WEBSITES USED IN CONNECTION THEREWITH AND ANY WEEKLY PRIZE AWARDED HEREUNDER, 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY THE SPONSORING ENTITIES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. SUBMISSION GUIDELINES: Submissions must be the original work of the entrant, must have been created specifically for Contest, and must not have been previously published, released commercially or won any awards. Any written content included as part of the submission must be in English. Submissions may not feature the name, likeness or other personally identifiable information of any person other than entrant. Submissions must not include or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, violence, firearms/weapons, commercial products, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agency or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity, copyrights, trademarks, patents or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, and any other content that could be considered inappropriate or offensive, as determined by Administrator in its sole discretion. Further, submissions must not contain any claim that is not and cannot be substantiated or that would be false or misleading to a reasonable consumer. Administrator reserves the right to disqualify any submission that it deems, in its sole discretion, to be a violation of the Official Rules or that are not in keeping with the Submission Guidelines specified herein or Administrator’s image or which communicate messages or images inconsistent with the positive images and/or goodwill to which Administrator wishes to be associated. Administrator is not obligated to use, publish or display or broadcast any submission. By entering the Contest, each entrant represents and warrants that the Submission complies with these rules. and does not and will not violate any law, statute, ordinance or regulation. All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Submissions”. Submissions will not be returned and receipt of submissions will not be acknowledged. Proof of submission will not be deemed to be proof of receipt of submission by Administrator.
10. For a winners list or a copy of these official rules, send a self-addressed stamped envelope to “Winners” or “Official Rules” (specify which) c/o “Huge Email/Tweet of the Day” Contest, 220 West 42nd Street, New York, NY 10036. All such requests must be received by January 19, 2018, to receive a response.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter®. Entrants understand that the information being provided at point of entry is being provided to the Parties, and not to Twitter®.
Twitter® is a registered trademark of Twitter, Inc.