Blackberry Smoke Instagram Sweepstakes (the “Sweepstakes”) Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM PRIZE.
A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
Participating Station(s): WNOE-FM (the “Station(s)”)
Address: 1100 Poydras St., Suite 1050, New Orleans, LA 70163
For a copy of these Official Rules, please visit wnoe.com/rules.List of Winner(s): For the name(s) of the winner(s), send a stamped, self-addressed envelope, to: iHeartMedia + Entertainment, Inc., Blackberry Smoke Instagram Sweepstakes at 1100 Poydras St., Suite 1050, New Orleans, LA 70163. Requests must be received within 30 days after the conclusion of the Sweepstakes.
1. ELIGIBILITY. This Sweepstakes is open only to individuals who are (i) legal U.S. residents of the state(s) of Louisiana and Mississippi, (ii) reside in one of the following parishes and counties: Jefferson, LA; Lafourche, LA; Orleans, LA; Plaquemines, LA; St Bernard, LA; St Charles, LA; St James, LA; St John The Baptist, LA; St Tammany, LA; Tangipahoa, LA; Terrebonne, LA; Washington, LA; Hancock, MS; Pearl River, MS (“Eligible Area”), and are 18 years of age or older at the time of entry (“Entrant”). Void outside (parishes and counties listed above) and where prohibited or restricted by law. Employees, contractors, officers and directors of Sponsor, its affiliates, parent companies, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, the Station, and any third party prize provider(s) and/or prize fulfillment service (collectively, the “Sweepstakes Entities”); individuals employed by any other radio and television station; and members of their immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals are not eligible to participate in the Sweepstakes or win the prize. The Sweepstakes is subject to all applicable federal, state, and local law and regulations.
Eligibility Frequency Limits: The Sponsor may set limitations on how frequently an individual can be eligible to win more than one (1) prize within a specified time period. For national sweepstakes/contests, an individual may win only once every fifteen (15) days. However, the same individual may not win more than one (1) prize/trip for a specific event. For local sweepstakes/contests, an individual may win only once every seven (7) days. An individual may not win more than three (3) times in one month. Only one (1) winner per household is permitted in any contest or sweepstakes. “Household members” shall mean people who share the same residence at least three (3) months a year.
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor are final on all matters relating to the Sweepstakes; (c) you are not participating on behalf of any employer or third party; (d) in the event you do not comply with these Official Rules, you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion of the Sweepstakes that participation may be required to be considered eligible.
2. TIMING. Sweepstakes begins on Tuesday, October 29, 2024 at 12:00:00 p.m. CT and ends on Sunday, November 3, 2024 at 11:59:59 p.m. CT (“Sweepstakes Period"). The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
3. DESCRIPTION OF SWEEPSTAKES/HOW TO ENTER.
To participate you must have an Instagram account. Accounts are free but subject to Instagram's Terms of Use (Instagram's Terms of Use). Posting content to Instagram requires a mobile device. Message and Data rates may apply. Please consult your wireless-service provider regarding its pricing plans.
a.The Sponsor will promote the Sweepstakes by posting on Instagram (a “Sweepstakes Post”). Entrants must (i) “follow” @1011wnoe on Instagram, (ii) “like” a Sweepstakes Post, and (iii) post a comment tagging a friend in response to a Sweepstakes Post (Entrant’s comment is referred to as an “entry comment”).
b.Each entry comment must tag one (1) friend, and each entry comment may contain no more than one (1) tagged friend.
c.You must be the sole, original author of your entry comment.
d.Changes may not be made to an entry comment once it has been posted.
e.The Sponsor reserves the right to hide or delete an entry comment for any reason.
Limit: one (1) entry per person/ regardless of Method of Entry during the entire Sweepstakes Period. Multiple Entrants are not permitted to share the same Instagram Account.
In order for your entry to be valid, your Instagram profile must be public and thus viewable by the Sponsor and its agents.
This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.
Entrant must comply with Instagram Terms of Use at http://instagram.com/legal/terms/.All entrants must have a valid Instagram account. You can create an Instagram account at no cost. Entrants may not enter with multiple Instagram accounts, nor may entrants use any other device or artifice to enter multiple times or as multiple registrants. Entries are subject to any applicable restrictions or requirements listed herein. The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same Instagram account. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned a Instagram account by Instagram, LLC or other organization which is responsible for assigning Instagram accounts or the domain associated with the submitted account. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Sweepstakes. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple Entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, online service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the stated limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.
4. WINNER SELECTION. On or about Monday, November 4, 2024 the Sponsor will randomly select one (1) potential winner(s) from among all eligible entries collectively received during the Sweepstakes Period.
Potential winner(s) is subject to verification, including verification of eligibility. Potential winner(s) will be notified by Sponsor on or about Monday, November 4, 2024 via Station’s official Instagram account (@1011wnoe) direct message. Potential winner(s): (a) must respond to the notification and accept the prize within two (2) days (including the execution of any required documents); (b) may be required to present a state authorized identification prior to being awarded the prize; and (c) may be required to sign and return an affidavit of eligibility/liability release and publicity release (where lawful) and/or any other form(s) necessary to verify eligibility, claim prize, and agree to all prize conditions within two (2) days after the first delivery attempt to the Entrant’s e-mail address, unless otherwise stated herein or at the time of notification.
The Sweepstakes Entities are not responsible for suspended or discontinued wireless or online service or for any change of Entrant’s email address, mailing address, and/or telephone number which may result in potential winner not receiving a prize notification or prize. If a potential winner (a) cannot be contacted or fails to respond to the notification as stated above; (b) fails to provide signed affidavits or releases or any other required forms within the stated time period; (c) fails to present a proper identification at the time of claiming a prize or fails to collect or properly claim a prize; (d) declines the prize; (e) cannot be verified as eligible; (f) is disqualified for any reason; (g) is not available to participate in any applicable Sweepstakes event(s) that participation may be required to be considered eligible; or (h) is otherwise unable to accept the prize as stated, then the prize may be forfeited and awarded to an alternate winner, in Sponsor’s sole discretion. Any alternate winner(s) will be randomly selected from among all remaining eligible entries, as determined by Sponsor, in its sole discretion. If any alternate(s) similarly fails to properly claim the prize, Sponsor will use a reasonable number of attempts, in its discretion, to award the prize(s) to another alternate(s) but if it is unable to do so, the prize(s) will be deemed unclaimed and Sponsor shall have no further liability, in connection with this Sweepstakes, to award unclaimed prizes.
5. PRIZE(S). Two (2) tickets to see Blackberry Smoke at the Fillmore March 27, 2025.
Approximate Retail Value (“ARV”): $100
Prize provided by: Live Nation
Odds of Winning: The odds of winning the prize depend on the number of eligible entries received.
No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor's sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment entity. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
Conditions and restrictions may apply. Limit: One (1) prize per person/household.
ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
NAMES, LOGOS AND OTHER MATERIALS ARE USED FOR PURPOSES OF SWEEPSTAKES AND/OR PRIZE DESCRIPTION ONLY. ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE SWEEPSTAKES, IF ANY, ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.
6. TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other Entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE RELEASED PARTIES THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN THEIR STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS SWEEPSTAKES. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.
Released Parties are not responsible for: (a) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online Entrant's ability to participate in the Sweepstakes; (b) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes; (c) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (d) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (e) unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or (f) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
The Sponsor further reserves the right to: (a) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, or any other causes which effect the operation of the Sweepstakes or the rules of the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Sweepstakes and/or (b) stop or conclude the Sweepstakes at any time without prior notice. Material changes to the Official Rules will be broadcast on-air, when practical. In the event of termination of the Sweepstakes by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.
7. PUBLICITY. Except where prohibited, by accepting a prize, winner(s) grant the Sponsor and Station(s) permission to use their names, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list.
8. USE OF PERSONAL INFORMATION. The Sponsor will retain the Entrant's personal data for a reasonable period of time to enable it to send that Entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that Entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Sweepstakes, Entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy. Any available opt-in opportunities are not required to enter the Sweepstakes, and opting in will not improve your chances of winning.
9. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Sweepstakes, each Entrant agrees to release and waive any and all claims of liability against the Sweepstakes Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Sweepstakes, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees: (a) to release each of the Released Parties from any and all claims in connection with the Sweepstakes and the award or use of the prizes; and (b) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness as set forth in Section 7 prior to acceptance of the prize. The Released Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity, including, but not limited to restrictions on travel, movement, and large gatherings (whether or not the action, regulations, order or request proves to be invalid), national emergency, equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, viral or communicable disease outbreak, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.
10. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
11. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Official Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each Entrant's sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Sweepstakes to the Sponsor’s and/or Station’s "discretion" and/or any exercise of discretion by the Sponsor or Station shall mean in Sponsor’s and/or Station’s "sole and unfettered discretion." The Sponsor further reserves the right to terminate the Sweepstakes if in its sole judgment, the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Sweepstakes. In the event the Sweepstakes is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable, material changes to the Official Rules will be made available online at the Sponsor’s/Station’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.
12. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
13. MISCELLANEOUS.Sponsor reserves the right to determine eligibility should special circumstances arise and all decisions made by Sponsor are considered final and binding. Sponsor disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Sweepstakes. As a condition of participating in the Sweepstakes, Entrants agree (and agree to confirm in writing) that: (a) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards for, and Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Entrant. Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth herein.
14. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Texas, in the City of San Antonio.
15. SPONSOR. This Sweepstakes is sponsored solely by iHeartMedia + Entertainment, Inc. (“Sponsor”). Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor at iHeartMedia, Inc., 20880 Stone Oak Parkway, San Antonio, TX 78258.