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YAHOO! CONCERT CHOICE GIVEAWAY

 www.billybushshow.com

 

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

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1.                  HOW TO ENTER:  Beginning at 12:00:01AM (Central Time) Monday October 27th, 2008 and ending on 11:59:59PM (Central Time) Sunday, December 7th, 2008, you can enter the YAHOO! CONCERT CHOICE GIVEAWAY (the “Sweepstakes”) by visiting www.billybushshow.com (the “website”) and following the links and instructions to enter the Sweepstakes.  The Sweepstakes is sponsored by Yahoo! Inc.- 701 First Avenue, Sunnyvale, California 94089 (“Sponsor”) and administered by Westwood One Radio Networks, Inc., 40 West 57th Street, New York, New York 10019 (“Administrator” or “Westwood One”) (Sponsor and Westwood One, collectively, the “Parties”).  The Sweepstakes is subject to these official rules.  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.  To enter the Sweepstakes, follow the instructions on the aforementioned website.  Any method of entry other than the foregoing is void and will not be honored.  Only one entry per physical address, e-mail address or person for each trivia question is allowed.  If multiple entries for the same trivia question are received from the same physical address, e-mail address, or person, only the first entry received from that physical address, e-mail address or person will be accepted.  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. Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry.  The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible by assigning email address or the domain associated with the submitted email address.  All entries submitted become the sole property of the Parties and will not be acknowledged or returned.  Use of any device to automate entry is prohibited.  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 sweepstakes.  A potential winner may be required to show proof of being the registered user of an account.  Entries specifying an invalid, non-working or inactive e-mail address will be disqualified and ineligible to win.  Entries must be received no later than 11:59:59PM (Central Time) the day immediately prior to the date of one of three random prize drawings to be held during the Sweepstakes Period (see Section 4 of these official rules) in order to be eligible for a chance to win.

 

2.                  ELIGIBILITY:  The Sweepstakes is open to all legal residents of the 50 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 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 Sweepstakes (such persons, collectively, “Ineligible Parties”).  Subject to all applicable federal, state, and local laws and regulations.  Void where prohibited.  The Parties reserve the right to verify the eligibility of any entrant.

 

3.                  RESTRICTIONS:  The Sponsor, Westwood One 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 (the “Sweepstakes 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 Sweepstakes Entities are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, 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 Sweepstakes Entities are not responsible for any entry not received by Westwood One on account of technical problems or traffic congestion on the internet, or at any website participating in the Sweepstakes, 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 Sweepstakes (or downloading any material for the Sweepstakes) or other telecommunications malfunctions which may limit an entrant's ability to participate.  Either Party may prohibit you from participating in the Sweepstakes or winning a prize, if, in its sole discretion, either the Administrator or the Sponsor determines you are attempting to undermine the legitimate operation of the Sweepstakes 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 Sweepstakes Entities.  If the Sweepstakes 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 Sweepstakes, the Parties reserve the right at their sole discretion to void any suspect entries and/or cancel, terminate, modify or suspend the Sweepstakes without prior notice or obligation to any entrant or other third party.  In the event the Sweepstakes is suspended, terminated or canceled, a winner 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 SWEEPSTAKES (INCLUDING WWW.WESTWOODONE.COM OR WWW.ANSWERBILLY.COM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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.  Entrants are required to provide truthful information and the Sweepstakes Entities will reject and delete any entry that it discovers to be false or fraudulent.  The Sweepstakes Entities will disqualify any entry from individuals who do not meet the eligibility requirements.

 

4.                  SELECTION OF FIRST PRIZE WINNERS:  All qualifying entries that correctly answered the trivia question in the Sweepstakes received on or prior to 11:59:59PM (Central Time) the day prior to a random prize drawing will be entered into such random prize drawing.    Three (3) potential winners referred to as the “First Prize Winners” or “winners” will be selected by Westwood One in total. The decisions of the Parties are final and binding in all respects. One winner will be selected by Westwood One on or around the date of each random prize drawing, one drawing to be held on each of: November 10th 2008, November 24th, 2008 and December 8th, 2008 from all eligible entries received. The First Prize Winners will be notified by phone, mail and/or e-mail.  If Westwood One is unable to contact a winner after a reasonable effort has been made during two business days from the first notification attempt, or any prize notification is returned as undelivered, such winner may be disqualified and an alternate winner selected (and an alternate to the alternate as many times as may be necessary).  Any prize will be awarded subject to verification of eligibility and as long as all qualifications relating to the Sweepstakes are met.  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 Sweepstakes period.  Only one prize per household or family. 

 

5.                  PRIZE: Three (3) First Prize Winners will receive: two (2) tickets to a concert (ARV $500). Actual retail value may vary. The selection of the concert, as applicable, will be selected by the Parties in their sole discretion. The prize cannot be redeemed for cash value, cannot be used in conjunction with any other promotion and cannot be transferred.  No substitution or transfer of prize is permitted except that the Parties reserve the right to substitute a prize of equal or greater value in the event the offered prize is unavailable. The Parties may also make substitution(s) of equivalent kind and value if and when necessary.  Other restrictions may apply. 

 

6.                  WINNER NOTIFICATION; CONDITIONS:  First Prize Winners will be notified by phone, mail and/or e-mail.  By entering the Sweepstakes, 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. Winners, or winners’ parent or legal guardian if a minor in their state of residence, may be required to sign and return an affidavit of eligibility, liability and travel liability release provided by the Parties within five (5) days of notification and may be required, at Westwood One’s discretion, to complete and sign other forms pertaining to the Sweepstakes before the prize is awarded.   In the event any such forms are not received within the specified time period, Westwood One reserves the right to choose an alternate winner by random selection.  The affidavit of eligibility, liability and travel liability release serves to, among other things, confirm eligibility and releases the Sweepstakes Entities from any and all harm, injury or liability of any kind that may result in connection with participation in the Sweepstakes, the acceptance, use, misuse, possession, loss or misdirection of the prize or any typographical or other error in the printing, offering or announcement of any prize.  If any winner is deemed a minor in his/her state of residence, the prize will be awarded in the name of his/her parent or legal guardian.  Any person winning over $600.00 in prizes from Westwood One will receive an IRS Form 1099 from Westwood One for the calendar year in which the prize is awarded and a copy of such form will be filed by Westwood One with the IRS.  All federal, state, and local taxes and any expenses not expressly provided for in these official rules are solely the responsibility of the winners.  Except where prohibited by law, each winner’s entry and their and their traveling companion’s acceptance of the prize constitutes permission to the Sweepstakes 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 Sweepstakes as listed in these official rules and is not an Ineligible Party.  BY ENTERING THE SWEEPSTAKES, PARTICIPANTS RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM ANY AND ALL LIABILITY OR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SWEEPSTAKES OR ANY PRIZE WON.  Entrants agree that all entries become the property of the Sweepstakes Entities and none will be acknowledged or returned.  The Sweepstakes 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 may determine without further consideration to entrants or any third party.

 

7.                  BINDING NATURE OF OFFICIAL RULES; WAIVER OF CLAIM OF AMBIGUITY:  The Sweepstakes are subject to these official rules. By participating, entrants agree to be bound by these official rules and the decisions of the Sweepstakes Entities and waive any right to claim ambiguity in the Sweepstakes or these official rules. The Parties reserve the right to modify these official rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.  If due to circumstances beyond the control of the Sweepstakes Entities, any competition or prize-related event is delayed, rescheduled, postponed or cancelled, the Sweepstakes Entities reserve the right to cancel or modify the Sweepstakes.

 

8.                  hold harmless; SWEEPSTAKES PROVIDED “AS IS”.  the FIRST prize WinnerS and entrants agree THAT THE SWEEPSTAKES ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR, AND EACH WINNER AND ENTRANT AGREES TO RELEASE AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES FROM, losses, damages, or injuries of any kind to persons, including personal injury or death, or property resulting from participating in thE Sweepstakes or sweepstakes-related activity including, but not limited to, the acceptance/possession and/or use/misuse of any prize and/or any injury or damage to entrant's or third person's property related to or resulting from any prize or any part of thE Sweepstakes.  By participating in thE sweepstakes, entrants agree that sweepstakes entities will have no liability whatsoever for, and THAT ENTRANT shall HOLD sweepstakes entities harmless against, any liability for any claims based on publicity rights, defamation, invasion of privacy, or merchandise delivery. by participating in thE sweepstakes, participants agree that sweepstakes 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 WEBSITE USED IN the SWEEPSTAKES or the downloading from and/or printing material downloaded from the aforementioned sitE.

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SWEEPSTAKES, INCLUDING ANY WEBSITES USED IN CONNECTION THEREWITH AND ANY 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 SWEEPSTAKES 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.                  For the name of the First Prize Winners or a copy of these official rules, send a self-addressed stamped envelope to “Winner” or “Official Rules” (specify which) c/o Yahoo! Concert Choice Giveaway, PO BOX 1999 CULVER CITY, CA 90232.  All such requests must be received by January 7th, 2009 to receive a response. 

 

10.              By use of this website and by entering the Sweepstakes, you agree to the Website Terms of Use Agreement and to the use of your personal information as described in the Privacy Policy located at:  www.westwoodone.com.