FanLabel™ Mojo in the Morning™ Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF MICHIGAN AND OHIO WHO ARE SEVENTEEN (17) YEARS AND OLDER AT THE TIME OF ENTRY.
DURING THE ONE WEEK-LONG CONTEST, PLAYERS PICK SONGS THAT THEY THINK WILL BE THE MOST-PICKED-SONG BY OTHER USERS (CROWD FAVORITE). PLAY FOR A CHANCE TO WIN A CASH PRIZE.
1. PROMOTION PERIOD: The Promotion entry period begins at or about 6:00 A.M. Eastern Time (“ET”) on July 29th, 2019, and ends at 11:59:59 PM ET on August 2nd, 2019 (“Promotion Period”). The Contest consists of a single Contest period as set forth below:
|Start Date (at 6:00 AM ET)
|End Date (at 11:59:59 PM ET)
|July 29th, 2019
|August 2nd, 2019
The Sponsor’s computer is the Promotion official clock.
2. ELIGIBILITY: This Promotion is offered only to legal residents of Michigan and Ohio who are at least seventeen (17) years old at the time of entry. Employees, contractors, directors and officers of Sponsor, the independent third party administrator of the Promotion (“Administrator”), WKQI, iHeart Radio, and any of their respective parent subsidiary and affiliated companies, Web design, advertising, fulfillment judging and promotion agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, the “Promotion Entities”), and the immediate family members (i.e., spouse, parent, child, sibling, and the “steps” of each as well as their respective spouses) and persons living in the same household of each, whether or not related, are not eligible to participate in the Promotion. Void where prohibited or restricted by law. All applicable federal, state and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator.
3. HOW TO ENTER AND PLAY THE CONTEST: During a Contest Period, to enter the Contest, an eligible entrant must login to the App and tap on the “Mojo In The Morning” Promotion tile located at the PLAY tab. On any day or combination of days of the Promotion, the entrant must select one (1) song of five (5) songs in three (3) available categories provided by Sponsor that the entrant believes will be the most popular selected song by all entrants in the Contest within that day’s 24-hour period. To select a song, tap the “ADD TO MY LABEL” button in the app to play the Contest (“Contest Entry”). Entrants may return to the App each day of the Promotion and tap on the “Mojo In The Morning” Promotion tile to check on their results and to pick a new song from among five (5) new song options and three (3) available categories from which to pick.
A “day” is defined as starting at 12:00 AM ET and ending at 11:59:59 PM ET on a calendar day, except on July 29th, 2019 when a day starts at 6:00 AM ET and ends at 11:59:59 PM ET.
If it is discovered or suspected that a person has attempted to enter or receive Contest Entries using multiple FanLabel accounts or identities, all of that person’s Promotion Entries may be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive and such prize may be forfeited, at the Sponsor’s sole and absolute discretion.
4. SELECTION OF THE CONTEST WINNERS: The selection of songs picked by entrants is based on FanLabel data of Contest performance. For each day of the Contest, Sponsor will review selection data for the previous 24-hour period. The entrants who picked the first-ranked song, as set forth above, will receive 1,000 points. The entrants who picked the second-ranked song, as set forth above, will receive 800 points. The entrants who picked the third-ranked song, as set forth above, will receive 600 points. The entrants who picked the fourth-ranked song, as set forth above, will receive 400 points. The entrants who picked the fifth-ranked song, as set forth above, will receive 200 points. Entrants may track their points daily in-App on the Contest leaderboard.
Each day of a Contest Period, the selected song in each available category will score points as set forth above. At the end of a Contest Period, the entrant with the most overall points during the applicable Contest Period will be named a potential “Contest Winner.”
In the event of a tie, Sponsor will award 200 points to the entrant that picked a song first, based on the Sponsor’s time stamp, in its sole discretion, for each day of the Contest Period. For example, if Entrant A picked Monday, Tuesday, and Thursday’s songs first, based on the Sponsor’s time stamp, he/she will receive an additional 600 points to his/her overall points in the Contest Period. If Entrant B picked Wednesday’s song first, based on the Sponsor’s time stamp, he/she will receive an additional 200 points to his/her overall points in the Contest Period.
All winners are subject to verification. Sponsor’s decisions are final and binding.
5. PRIZES AND APPROXIMATE RETAIL VALUE:
- Contest Prizes (1): Each Contest Winner will receive $1,000 in the form of a check made payable to the Contest Winner (“Contest Prize”). The total approximate retail value (“ARV”) of each Contest Prize is $1,000.
- General Prize Conditions: The right to receive a prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor who reserves the right to substitute a prize (or portion thereof) of equal or greater value in case of unavailability of prize or force majeure. Prizes cannot be redeemed for cash. The Promotion Entities shall not be responsible for any inability of any winner to accept or use any portion of a prize for any reason. Federal, state and local taxes are solely the responsibility of each winner. All other costs and expenses associated with a prize acceptance and use not expressly set forth herein shall be solely each winner’s responsibility. Promotion Entities are not responsible for any delays in prize fulfillment. In no event will more prizes than are stated in these Official Rules be awarded. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion. Limit: One (1) Contest Prize per person. A Contest Winner may also win the Sweepstakes Prize.
6. HOW TO CLAIM A PRIZE: Each winner is subject to verification and compliance with these Official Rules. Each potential winner will be notified via e-mail at the e-mail address associated with his/her FanLabel account with instructions on how to claim a prize. Before being declared a winner, each potential winner must complete, sign, and return an Affidavit of Eligibility, Liability Release, and a Publicity Release (“Affidavit”) within three (3) calendar days. If a potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept a prize, Sponsor or Administrator is unable to contact a potential winner, or the prize notification or prize is returned undeliverable, the prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to an alternate winner. If the Sponsor wishes to select an alternative potential Contest Winner, the entrant with the next highest score for the applicable Contest Period will be declared a potential Contest Winner. Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. Administrator will mail prizes to each winner at the address provided during winner verification within 6 to 8 weeks from the end of the Promotion Period. Each prize will only be awarded to a verified winner.
ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
7. LIMITATION OF LIABILITY: By participating in this Promotion, entrants agree that the Promotion Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, Web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, delayed, garbled, inaccurate, misdirected, postage due or undeliverable Entries or email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information; or for 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 which may occur in connection with the administration of the Promotion, the processing or judging of Entries, the announcement of the prizes or in any Promotion-related materials. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering or hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to any Promotion-related website or social media platform. The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Promotion and/or accepting or using a prize. The Released Parties shall not be responsible or liable for Entries that are entered by any automated computer, program, mechanism or device, for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or aspects of the Promotion, including but not limited to: the selection of winners in a manner it deems fair and reasonable, including but not limited to the selection of the winners from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. This Promotion is subject to all federal, state and local laws and regulations. If Sponsor, in its discretion, elects to alter this Promotion as a result of a Force Majeure event, a notice will be posted at https://fanlabel.com.
By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including but not limited to reasonable outside attorneys’ fees) that may arise in connection with: (a) the Promotion, including but not limited to any Promotion-related activity or element thereof, and the entrant’s registration, participation or inability to participate in the Promotion, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Promotion materials, (d) acceptance, receipt, delivery of, possession, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including but not limited to: by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, 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 any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Promotion, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any registration (including but not limited to the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Promotion, any Promotion-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Promotion and/or its contents related to or resulting from any part of the Promotion, (l) any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof) or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Promotion, including but not limited to the prize components, 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. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions 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.
8. DISPUTES: THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MICHIGAN, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OAKLAND COUNTY, MICHIGAN. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN OAKLAND COUNTY, MICHIGAN. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each entrant agrees to allow Sponsor and/or Sponsor’s designees the perpetual right to use his/her name, social media name and/or handle, biographical information, photos and/or likeness and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Promotion other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to enter the Promotion in excess of the stated limits using multiple social media accounts, multiple identities, proxy servers or like methods, all of that entrant’s Entries will be declared null and void, and that entrant will be ineligible to win a prize. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address associated with the handle used to submit such entry and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address associated with the social media handle used to enter the Promotion. Sponsor and Administrator reserve the right to disqualify any individual (and void all associated Entries) found, in its sole opinion, to be tampering with the operation of the Promotion, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Promotion will void any attempted participation effected by such methods and result in the disqualification of the individual utilizing such. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY PROMOTION WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All registrations and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
12. WINNERS LIST: To obtain a list of winners, mail a self-addressed, stamped business-sized envelope to: FanLabel Mojo In The Morning Promotion – Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Winners List requests must be received by July 15, 2019.
Sponsor: Fan Label, LLC, 34300 Woodward Ave, Ste 200, Birmingham, MI 48009.
This Promotion is in no way sponsored, endorsed or administered by, or in association with, Facebook, Inc., Twitter, Inc., Instagram, Inc., Apple, Inc., Google Inc., or their respective affiliates (collectively, the “Third Parties”). You understand that you are providing your information to Sponsor and Administrator and not any of the Third Parties. Questions and comments regarding the Promotion should be directed to the Sponsor and the Administrator and not to the Third Parties.
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