Magic 105.3 “FLYAWAY ON FRIDAY” SWEEPSTAKES
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility. Subject to the additional restrictions below, the Magic 105.3 “Flyaway on Friday” Sweepstakes (the “Sweepstakes”) is open to legal Texas residents who (i) are 18 years of age or older and the age of majority in their jurisdictions of residence at the time of entry; and (ii) are residing in Bexar, Comal, Guadalupe, Kendall, and Wilson counties. Listeners accessing Sponsor’s radio station(s) audio via IP connections like website-based streaming or mobile devices are welcome to enter. Employees of CMG NY/Texas Radio, LLC d/b/a Cox Media Group San Antonio (“Sponsor”), CMG Media Corporation, Spirit Airlines, Inc., and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Sweepstakes or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Sweepstakes event.
Only one (1) prize winner may be selected from the same household every thirty (30) days in connection with any sweepstakes or contest sponsored by CMG San Antonio. If you or a member of your household has won a prize from CMG San Antonio within the last thirty (30) days, you will be ineligible to receive a prize.
3. How to Enter. The Sweepstakes will begin at approximately 12:01 a.m. Central Standard Time (“CST”) on October 26, 2022, and end at approximately 11:59 p.m. CST on November 18, 2022 (the “Sweepstakes Period”). Sponsor will be the official timekeeper for the Sweepstakes.
The Sweepstakes will be broadcast on Magic 105.3 (KSMG) (the “Station”).
During each week of the Sweepstakes Period, each daily winner of the Station’s weekday on-air giveaways will be automatically entered in such week’s “Flyaway on Friday” Drawing.
For example, if there is one on-air winner each day during the week of October 31 through November 4 (a total of 5 weekday winners), such weekday winners will be entered into the Flyaway on Friday Drawing held on October 31.
The determinations of Sponsor and Sweepstakes operators will be final and binding in all respects.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled or illegible entries will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Sweepstakes application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Sweepstakes eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspects of the Sweepstakes.
4. Winner Selection and Odds. At or about 5:00 p.m. on each Friday during the Sweepstakes Period, Sponsor will conduct one (1) random drawing from among all eligible entries received for such week. Odds of winning depend on the number of eligible entries received.
5. Prize Description. Subject to verification of eligibility and compliance with these Official Rules, the following airline ticket (economy class) prizes will be awarded to each winner for the following drawings:
- October 28 Drawing
- Two (2) tickets to Las Vegas, NV
- Approximate retail value (“ARV”): $1,000
- November 4 Drawing
- Two (2) tickets to Las Vegas, NV
- ARV: $1,000
- November 11 Drawing
- Four (4) tickets to Orlando, FL
- ARV: $2,000
- November 18 Drawing
- Four (4) tickets to Orlando, FL
- ARV: $2,000
Limit: One (1) prize per person and per household.
NO ACCOMMODATIONS OR GROUND TRANSPORTATION WILL BE AWARDED AS PART OF ANY PRIZE.
Some restrictions may apply, including expiration of prize ticket based on travel date(s). All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Winner must be eighteen (18) years of age or older. Prizes are non-transferable and have no cash value. Any difference between stated ARV and final ARV of prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the prize and all such expenses are the sole responsibility of the winner. Travel is subject to the terms and conditions set forth in this Sweepstakes and those set forth by the Sponsor’s airline carrier of choice, as set forth in the passenger ticket contract. Grand Prize winner and guest are responsible for obtaining any insurance (including but not limited to, any travel or health insurance). Grand Prize winner and travel companion are responsible for obtaining identification documents necessary for travel. Grand Prize winner and travel companion must travel on identical itinerary. Grand Prize winner and guest must both be at least 18 years of age. If Grand Prize winner does not designate a guest in accordance with these Official Rules, no consideration will be provided to the Grand Prize winner for the value of the guest’s portion of the prize package. Grand Prize winner must provide Sponsor with the name, address, and date of birth of his/her guest when the travel dates are chosen. If Grand Prize Winner changes his/her guest, Grand Prize winner will be required to pay any flight transfer fees imposed by the airline carrier. No credit or cash will be given for any unused portion of the Grand Prize. Black-out dates may apply. Reservations will not be confirmed until ninety (90) days prior to the travel dates.
In connection with any visit to the event venue, please be advised that any travel carrier’s and resort’s policies, CDC guidelines, and the recommendations of health officials must be followed (including, without limitation, proof of vaccination or negative COVID test(s)). In addition, you should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor cannot guarantee that any person will not be exposed during a visit.
No refund or compensation will be paid in the event of the cancellation or delay of the event prize (the “Event”), or any portion thereof. Sponsor will not be liable if the Event, or any portion of it, is cancelled or delayed. Sponsor may, in its sole discretion, attempt to reschedule for a future Event. Event tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the Event tickets may govern if the Event is cancelled due to weather, an act of God, an act of terrorism, civil disturbance, or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Event tickets, vouchers, or certificates. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor or prize provider.
6. Winner Notification and Acceptance. Potential winners will be notified on or about the Friday of the prize drawing at the telephone number from which the participant entered the Sweepstakes.
Potential winner must respond to Sponsor’s notification within forty-eight (48) hours of notice or attempted notice. To claim his/her prize, the potential winner must personally visit Sponsor’s offices at 8122 Datapoint Suite 600, San Antonio TX, 78229 within forty-eight (48) hours after notification (office visits must be between the hours of 8:30 a.m. CST and 5:30 p.m. CST, weekdays) and must present a valid government-issued photo ID.
Potential winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law), which must be notarized and returned within forty-eight (48) hours of notification and a written commitment to attend the Concert event.
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable, the inability of winner and his/her guest to travel within the time period specified by Sponsor, and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by a random drawing from among all remaining eligible entries received during the Sweepstakes Period. Sponsor will conduct up to two (2) alternate drawings, after which the prize will remain unawarded.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
8. Publicity. EXCEPT WHERE PROHIBITED, BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT THE RELEASED PARTIES (AS DEFINED BELOW) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON ANY SPONSOR OR STATION WEBSITE(S) AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE SWEEPSTAKES OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
9. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Sweepstakes judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
10. Release. BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, CMG MEDIA CORPORATION, SPIRIT AIRLINES, INC., CITY OF SAN ANTONIO, SAN ANTONIO INTERNATIONAL AIRPORT, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE SWEEPSTAKES; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE SWEEPSTAKES OR ANY PRIZE.
11. Limitations of Liability. By PARTICIPATING IN the Sweepstakes, PARTICIPANTs acknowledge and agree that EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE(S), APP(S), aND prize(S), ARE provided “as is” and that Sponsor makes no representations or warranties OF ANY KIND, express or implied, about the Prize(S) and sponsor hereby DISCLAIMS all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by PARTICIPANTs, printing OR PRODUCTION errors, or by any of the equipment or programming associated with or EMPLOYED in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes, the processing of entries, or the notification of any winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from A PARTICIPANT’S participation in the Sweepstakes or receipt or use or misuse of any prize.
Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the number of prizes stated in these Official Rules by a random drawing among all legitimate eligible prize claims and no additional prizes will be awarded.
12. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
13. Sponsor. The Magic 105.3 “Flyaway on Friday” Sweepstakes is sponsored by CMG NY/Texas Radio, LLC d/b/a Cox Media Group San Antonio. The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Sweepstakes. For a list of winners (available December 1, 2022) or a copy of these Official Rules, visit www.magic1053.com or send a self-addressed, stamped envelope to KSMG “Flyaway on Friday” Sweepstakes Winners List/Official Rules” (as applicable), 8122 Datapoint, Suite 600, San Antonio TX, 78229. If you have any questions regarding this Sweepstakes, please contact CMG San Antonio Promotions at 210-615-5400.
0144325.0730070 4863-1408-5691v1 10/21/2022
©2022 Cox Media Group