A complete copy of these rules can be obtained by contacting radio station WAQX (“Station”), 1064
James St., Syracuse NY 13203, during available business hours Monday through Friday, on the Station website
www.95X.com, or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the 95X “Festapaloozathon Tag And Win” Contest (the “Contest”)
substantially as described in these rules, and by participating, each entrant agrees as follows:
- NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF
WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
Eligibility. This Contest is open only to legal U.S. residents of the Station’s Designated Market Area
(“DMA”) as defined by Nielsen Audio, excluding dual Florida and New York residents, age twenty-one
(21) years or older at the time of entry with a valid Social Security number, who have not won a prize
from the Station valued at $500 or more in the last ninety (90) days, and whose immediate family
members or household members have not won a prize from the Station valued at $500 or more in the
last ninety (90) days. Void where prohibited by law. Employees of Station, Cumulus Radio LLC, and
each of their parent companies, affiliates, related entities and subsidiaries, promotional sponsors, prize
providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate
family members and household members of all such employees are not eligible to participate. The term
“immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and
children and stepchildren. The term “household members” refers to people who share the same
residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state
and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to
these Official Rules and Station’s decisions, which are final and binding in all matters related to the
Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Period. The Contest entry period will begin at 12:01am ET May 26, 2022 and will end at
11:59pm ET on June 1, 2022 (the “Contest Period”). The Station’s computer is the official time
keeping device for this Contest.
- How to Enter. (a) Visit the Station’s Facebook or Instagram page during the Contest Period; (b) Tag
one other user’s account in the comments on the current “Festapaloozathon Tag And Win” post; and (c)
Include in the comment: #contest. All entries must be received by 11:59pm ET on June 1, 2022 to be
eligible for the prize drawing.
Any entry comments that are indecent, lewd, offensive, defamatory, contain profanities, or are in any
way in bad taste or contain material that may infringe or violate any laws or anyone’s rights, as
determined in the sole discretion of the Station, may be disqualified. Entry comments that are removed
and/or blocked by Station and/or by Facebook or Instagram will be deemed not entered in the Contest.
This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook or
Instagram. By submission of an entry, an entrant releases Facebook or Instagram from any
responsibility or liability for the Contest’s administration, prizes, or promotion. An entrant is
providing entry information to the Station and not to Facebook or Instagram.
- Winner Selection. On or about 9:30am ET on June 2, 2022, Station will select one (1) potential Grand
Prize winner in a random drawing from among all valid entries received by Station during the Contest
Period. Winning entrant will be contacted using the email address and/or telephone number provided
with the entry and may be awarded the prize (subject to verification of eligibility and compliance with
the terms of these rules). Station’s decisions as to the administration and operation of the Contest and the
selection of the potential winner are final and binding in all matters related to the Contest. Failure to
respond to the initial verification contact within three (3) days of notification or failure to claim the prize
within three (3) days of verification as a winner will result in disqualification and forfeiture of the prize.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS
IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING
IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply
with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all
requirements. The potential winner may be notified by email and/or telephone call after the date of
random drawing and/or winner determination. The potential winner will be required to sign and return
to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a
liability/publicity release (except where prohibited) to claim the prize, if applicable. A winner who
returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the
contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return
the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility
and/or the liability/publicity release within the required time period (if applicable), or if the prize or
prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the
potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an
alternate winner by random drawing from among all remaining eligible entries. Unclaimed prizes may
not be awarded.
- Prizes. Up to one (1) Grand Prize will be awarded in this Contest. Grand Prize consists of one (1) pair
of VIP tickets to the 95X Festapaloozathon concert in Baldwinsville, June 17, 2022. The approximate
retail value (“ARV”) of prize is one hundred forty dollars ($140.00.) Winner and guest must be 21
years of age or older to enter concert VIP area.
Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning a prize
depend on a number of factors including the number of eligible entries received during the Contest
Period and listeners participating at any given time.
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, in its sole
discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes
are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other
expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the
terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift
certificates/cards. Other restrictions may apply.
If any prize or a portion of any prize is postponed, cancelled, or otherwise unavailable due to disease,
epidemic, pandemic, quarantine, any acts of government and/or any reason that is beyond the control of
Station or any Sponsor, then no substitution shall be provided. Station and any Sponsors make no
representation or warranty about the safety of any prize. By accepting and using a prize, each winner
acknowledges and assumes all risks of accepting and using the prize, and any other risks associated with
- Entry Conditions and Release. By entering, each entrant agrees to: (a) comply with and be bound by
these Official Rules and the decisions of the Station, which are binding and final in all matters relating
to this Contest; (b) release and hold harmless Station, Cumulus Media New Holdings Inc., and each of
their affiliated companies, participating sponsors, the prize suppliers and any other organizations
responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of
their respective past and present officers, directors, employees, agents and representatives (collectively,
the “Released Parties”) from and against any and all claims, expenses, and liability, including but not
limited to negligence and damages of any kind to persons and property, including but not limited to
invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the
public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement
of trademark, copyright or other intellectual property rights, property damage, or death or personal
injury arising out of or relating to a entrant’s entry, creation of an entry or submission of an entry,
participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related
thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless
the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable
attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s
acceptance, use, non-use or misuse of the prize.
- Publicity. Participation in the Contest constitutes entrant’s consent to use by the Station and its agent of
entrant’s name, likeness, photograph, voice, opinions, entry, and/or biographical information (including
hometown and state) for promotional purposes in any media, worldwide, without further payment or
consideration, unless otherwise prohibited by law.
- Taxes. All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees
for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes
valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part
of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the
integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station
reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry
process or the operation of the Contest or to be acting in violation of these Official Rules or acting in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the
legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an
attempt be made, Station reserves the right to seek damages from any such person to the fullest extent
permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a
waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (a) any incorrect or inaccurate
information, whether caused by Station, entrants, printing errors or by any of the equipment or
programming associated with or utilized in the Contest; (b) technical failures of any kind, including but
not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or
software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d)
technical or human error that may occur in the administration of the Contest or the processing of entries;
or (e) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or
in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No
more than the stated number of prizes will be awarded. In event that a production, technical,
programming or other error causes more than stated number of prizes as set forth in these Official Rules
to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing
among all legitimate, unawarded, eligible prize claims.
- Disputes. Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or
connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any
form of class action; (b) any and all disputes, claims and causes of action arising out of or connected
with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District
Court or the appropriate state court located in the Station’s listening area; (c) any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated
with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be
permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and
consequential damages and any other damages, other than for actual out-of-pocket expenses, and any
and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and
questions concerning the construction, validity, interpretation and enforceability of these Official Rules,
or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by,
and construed in accordance with, the laws of the state in which the Station is located, without giving
effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or
any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the
state in which the Station is located.
- Entrant’s Personal Information. Information collected from entrants is subject to Station’s Privacy
forms, devices, and materials gathered during the course of entry, as well as all information contained
therein, shall become the sole property of Station to be used, disposed of or destroyed in its sole
discretion. Station is not responsible for any incorrect or inaccurate information entered by website
users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access to
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires
by sending a self-addressed stamped envelope to the Station identified below.
CONTEST SPONSOR: Cumulus Radio LLC, WAQX, 1064 James St., Syracuse NY 13203