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RULES OF PLAY
1. Participation

To participate in the KOOL KLUB program visit http://www.kool965.com/ and sign up as a KOOL KLUB member. Limit one user account per person. Once signed up as KOOL KLUB member you can earn Points by visiting the KOOL 96.5 website, logging in to KOOL KLUB and doing any of the following:

  1. Play Word of the Day, Bonus Codes, Instant Win Codes: Listen to KOOL 96.5 for announcements throughout the day at various times. Word of the Day will change daily, Monday through Friday. Members must enter the Word of the Day on the day it is announced before 11:59 pm the same day it is announced. Any other Bonus Codes or instant wins will be announced on-air or posted on website with details on how to play.
  2. Play other games. At various times during the day, other KOOL KLUB Codes, words, or names may be announced or posted on the site.  These must also be entered on line before a designated time that will be posted on the site or announced on-air.
  3. Listen to KOOL 96.5 and log on to http://www.kool965.com/ for dates and locations of KOOL 96.5 events where members can pick up KOOL KLUB Bonus Codes.
  4. KOOL KLUB Points may also be earned in a variety of other ways, at the discretion of KOOL 96.5.  Members can tune into KOOL 96.5 for details on additional ways to accumulate Points, or log on to KOOL KLUB at http://www.kool965.com/. KOOL 96.5 reserves the right to alter the ways of earning Points at its discretion.

To become and remain a registered KOOL KLUB member, you must have Internet access and a valid email account.  KOOL 96.5 is not responsible for a member’s inability to: connect to the Internet, login to the KOOL KLUB website, gain access to their KOOL KLUB account or participate in any activity associated with this program, service outages or delays, computer difficulties or other technological glitches. KOOL KLUB membership is free and no purchase is necessary.

2. Eligibility

Participation in KOOL KLUB is open to all residents of Twin Falls and counties within the radio broadcast signal area who are 13 years of age or older. Some contests and prizes will be limited to those 18 and older or 21 and older. We reserve the right to refuse any prize to a minor. Minors must have permission of their legal guardian(s) to participate and all prizes must be claimed by a legal guardian on behalf of any minor. Legal guardians must agree to sign all appropriate tax forms and station documents in order to claim prizes awarded to a minor. Legal guardians have the right to refuse any prize awarded to a minor. Those specifically not eligible are full or part-time employees of GAP Broadcasting Twin Falls, LLC  (including former employees and their next of kin), other Twin Falls  radio station employees and their immediate families, M2O Media, and sponsors featured in the Program.

  1. Participation is expressly limited to one account per person. Points are non-transferable and may not be earned in advance. All duplicate accounts or suspected duplicate accounts are subject to cancellation without notification by KOOL 96.5. Email addresses may not be shared between players; therefore, each account needs to have a unique, valid email address associated with it.
  2. Accounts which have an excessive number of rejected emails may be automatically locked, preventing the player from accessing the KOOL KLUB until they contact KOOL KLUB Tech Support and provide an alternate email address.  Repeated problems with email delivery to a player may result in permanent suspension of the member's account.
  3. Members are not authorized to access any other members’ accounts, including entering codes or redeeming KOOL KLUB Points for prizes or awards, even if the other member is a family member.  Members need to enter codes and play the various KOOL KLUB games and surveys themselves to legally accumulate Points.
  4. No machines, scripts or automated services may be used to access any part of the KOOL KLUB website, accumulate any Points, bid on prizes and awards, or in any other way participate in this program. Over usage of KOOL KLUB system resources is not permitted, and is grounds for account suspension or termination at the sole discretion of KOOL 96.5.
  5. KOOL 96.5 is NOT responsible for members missing out on Points due to, but not limited to, the following: forgotten username and/or password; problems, updates or maintenance which affects KOOL KLUB at a particular time; Internet, browser, server, or computer problems in general; lost codes or coupons; forgotten, incorrectly entered or misspelled codes, etc.
  6. Any Points redemption suspected to be an inauthentic copy, or which is made in such a fashion as to not deduct the appropriate Points amounts, may be disqualified (not accepted), at the sole discretion of KOOL 96.5.
  7. The authorized account holder or member is defined as 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 addresses or the domain associated with the submitted email address.
  8. KOOL 96.5 reserves the right to disqualify any member from receiving a cash or prize award where KOOL 96.5, at its sole discretion, determines that the member has violated any of these rules, made any misrepresentation in connection with this program, or used any unintended/unannounced means to accumulate or redeem KOOL KLUB Points.
  9. Posting or sharing of Word of the Day, Bonus Codes, or other KOOL KLUB Points earning among members is expressly prohibited. Violations will result in the termination of all violating account(s) and/or forfeiture of all accumulated Points.
  10. KOOL 96.5 reserves the right to use any listener feedback in any way they choose.
3. Prize Awards

Each item on the Shopping or Raffles, pages will be assigned a Point value. Members may redeem accumulated KOOL KLUB Points for free prizes and awards.

  1. All prizes must be picked up at the office of KOOL 96.5 located at 415 Park Ave., Twin Falls, ID 83301 unless otherwise specified upon Point redemption.
  2. Station hours are 9:00AM to 5:00PM, Monday through Friday (except holidays). When picking up your prize, you must provide a photo ID. In the case you are not able to pick up your prize you must send a letter of release with the designated person with a copy of your ID. Prizes must be picked-up within 30 business days of purchase - unless otherwise specified. Prizes not picked up within 30 business days from the date of purchase will be forfeited and Points will not be refunded.
  3. Mailing options are at the sole discretion of KOOL 96.5 and will only be considered in extreme circumstances, or will be based on the prize size, weight, timeliness, and value.  Member is always responsible to keep his/her KOOL KLUB account up-to-date with current information. If KOOL 96.5 deems that an individual has extreme circumstances and a prize is mailed out, KOOL 96.5 is not responsible if it is lost, stolen, misdirected, or damaged. The prize will not be replaced with future prizes nor will Points be refunded.
  4. Prize winners are responsible for any and all expenses associated with their travel to and from KOOL 96.5 offices or other any location(s) associated with claiming a prize or award.
  5. KOOL KLUB Points  will not be credited or refunded for any reward, item or certificate which a Member claims but does not subsequently use.
  6. Member agrees to provide only true and accurate information to the KOOL KLUB at all times.  In conjunction with claiming any item associated with the KOOL KLUB or spending any Points for items, Member agrees to verify that all information in their KOOL KLUB account profile is up-to-date and accurate by providing a valid driver's license or state photo ID that substantially matches the information in their profile.
  7. KOOL KLUB Award items are not transferable.  Awards may not be substituted for cash or any other items or merchandise.
  8. All Award claims are subject to verification by KOOL 96.5 management.  All decisions made by KOOL 96.5 management are final.
  9. Prizes and awards will be awarded and distributed at the discretion of KOOL 96.5.
4. How to Redeem Points / Entries to Receive Prizes

A validated KOOL KLUB Member redeems KOOL KLUB Points by clicking on the "Submit" button for Shopping or for Raffle entries on the KOOL KLUB website.  In the event that another member is already in the process of redeeming that particular prize/item, the member who "first" clicked on "Submit" will receive the item/prize.

In order to receive a prize or reward, winning members must contact KOOL 96.5 in accordance with instructions provided as part of this program, or provided online in connection with a specific offering, AND comply with the instructions provided by KOOL 96.5 personnel for verification and deduction of Points balances.  

Failure to comply with the instructions may result in disqualification, at the sole discretion of KOOL 96.5.  Any member that has a "winning" bid, and then fails to demonstrate they have the needed Points in their account following an audit, will not be entitled to receive the award or prize and, at the discretion of KOOL 96.5, will have their Points balance forfeited.

Member Points totals are subject to adjustment, and member accounts are subject to suspension or cancellation, by KOOL 96.5 for any activity which is in violation of any rules, or which is not in compliance with the intent of the program. KOOL 96.5 shall be the sole determiner in cases of suspected abuse or violation of KOOL KLUB rules, and any decision it makes relating to adjustment of Points or termination of membership shall be final and binding.  Members will be notified of any such adjustments through a posting in the history log (viewable in the Transactions section of My Account in the KOOL KLUB) or through an email sent to the email address in the member's account profile.  Should the member disagree with any Points adjustment or account suspension, the sole remedy will be withdrawal from the program.

KOOL 96.5 makes no representations whatsoever regarding the value, if any, of Points earned as a result of participation. KOOL 96.5 is under no obligation to provide members with any particular number of Points earning opportunities or rewards.

5. Showcases

Multiple prizes offered within a 'Showcase' allow the winner to select any one prize from those that are offered. One prize per Showcase will be awarded.

To enter a Showcase raffle, you must submit the required number of points for an entry specified on the Showcase Page, at which time the points will be deducted from your account. An entry will not be valid unless all of the required fields of the online registration form are completed and the information is valid. Once submitted, an entry cannot be deleted, canceled or modified.

The winner of any contest is always notified with a winning confirmation e-mail and/or phone call from the station.

Click here for complete Showcase Rules.

6. KOOL 96.5 Social Networking

None of the Content is subject to any obligation to any author or owner, whether of confidentiality, attribution or otherwise.

The person submitting the Content represents and warrants that: (i) he/she owns, or has the necessary licenses, rights, consents, and permissions to use and authorize the use, of all patent, trademark, trade secret, copyright or other proprietary rights in and to any the Content in the manner contemplated by this Agreement; and (ii) he/she has the written consent, release, and /or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person in the manner contemplated by this Agreement.

The Content is not (a) unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, (b) is non-public information about companies without the authorization to do so, or (c) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication.

The person submitting the Content either assigns to KOOL 96.5 all right, title and ownership of the Content, or grants to KOOL 96.5 worldwide, perpetual, royalty-free license to the Content with the right of KOOL 96.5 to grant a sublicense to M2O and VMIX in accordance with the license grant set forth in this Agreement.

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Barb Lovenguth. Email: barb@m2omedia. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user that is a copyright infringer.

7. $10,000 Instant Win
One residential phone number in the area will be randomly selected as the $10,000 Instant Winner. If registered as a KOOL KLUB member prior to November 21, the $10,000 will be awarded to the person registered with this phone number. This name will be announced on November 21, 2008.

8. VIP of the Day
One person in our listening area will be randomly selected as the "VIP of the Day" (Monday through Friday).
If that person correctly plays our "Instant Win Word of the Day" on the day they are chosen as the VIP of the Day then they automatically win $100.

9. Instant Win Events
Each week, one person is randomly selected from our listening area. If that person is a VIP member and correctly plays the Bonus Code assigned to that week's Instant Win Event prior to the conclusion of that week's Instant Win Event, then that person wins $1,000.

10. Conditions

Payment of all federal, state and local taxes is the sole responsibility of Member. Member may be required to sign an IRS Form W-9 or the equivalent. A 1099 Tax Form will be issued to all participants once they are received Rewards valued at $600 or more within one calendar year.  The act of participation in KOOL KLUB by Members, winners and qualifiers constitutes permission to the KOOL 96.5, sponsor, and its agencies to use the member’s names and/or likenesses for the purposes of advertising and trade without further compensation.

  1. Members may be required to sign a liability release prior to acceptance of an item.  Pursuant to the liability release, Member will agree to hold M2O Media, KOOL 96.5, affiliated companies and the officers, shareholders, directors, employees, agents and representatives of each of them harmless against any and all claims or liability arising directly or indirectly from the prize or participation in KOOL KLUB.
  2. KOOL 96.5, in it sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the KOOL 96.5 websites, or who is otherwise in violation of the rules.  It further reserves the right to cancel, terminate or modify KOOL KLUB if it is not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.
  3. KOOL 96.5 reserves the right to make changes in the rules of KOOL KLUB. Notice of any revisions will be posted to this page, so please revisit this page from time to time to ensure that you are aware of any changes to it.  You are responsible for reviewing this Policy periodically, and your continued use of the KOOL KLUB website(s) following any modifications to the rules will be conclusively deemed acceptance of any changes.
  4. KOOL 96.5 reserves the right to substitute an item of equivalent or greater value should an original item awarded to or purchased by a player become unavailable.  Point values associated with any award can be changed or modified at any time.  All Awards offered will show quantity available and will be redeemed on a first-come, first-served basis. KOOL 96.5 reserves the right to limit the quantity a member can buy of any specific Award.
  5. KOOL 96.5 reserves the right to disqualify any member from receiving a cash or prize award, where KOOL 96.5, at its sole discretion, determines that the player has misrepresented or used unintended / unannounced means to accumulate Points or purchase prizes.
  6. Members may be asked to supply personal information. This information will not be sold to outsiders, but the aggregate information (without identifying players as individuals) will be used for marketing purposes by KOOL 96.5 and its affiliates.
  7. KOOL 96.5 reserves the right to discontinue, suspend or modify this Program at any time, including the termination of all opportunities to use or otherwise redeem accumulated KOOL KLUB Points. From time to time KOOL 96.5 may decrease or zero out the Points in all KOOL KLUB accounts.  At those times all accounts will either start at zero Points or be decreased by an amount or percentage to be determined by KOOL 96.5 and all unused Points will no longer be valid.  Members will be notified if and when the Points deduction will take place.
  8. No purchase is necessary.  KOOL KLUB is void where prohibited.
  9. Failure to comply with the KOOL KLUB rules may result in a player's disqualification at the sole discretion of KOOL 96.5.
  10. A written copy of the KOOL KLUB rules is available during regular business hours at the KOOL 96.5 offices or by sending a self-address stamped envelope to:
  11. KOOL KLUB
    415 Park Ave., Twin Falls, ID 83301

Showcase Rules


Showcase Disputes: As a condition of participating in this Showcase, participant agrees to be bound by these Official Rules and that any and all disputes which cannot be resolved between the parties, and any causes of action arising out of or connected with the Showcase, shall be resolved individually, without resort to any form of class action. Participants consent to the exclusive jurisdiction of the courts located in San Diego, California, and agree that all matters pertaining to these Official Rules and disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflicts or choice of law rules or provisions (whether of California or any other jurisdiction). Further, notwithstanding the Terms, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., his or her costs associated with entering this Showcase), and participant further waives all rights to have damages multiplied or increased. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is found to be invalid or unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.


Limitation on Liability: By entering, all entrants release KOOL 96.5, M2O Media and their respective affiliates, subsidiaries, parent companies, officers, directors, agents, promotional partners and employees from any and all liability with respect to or in any way arising from this Showcase and/or acceptance or use of the prizes, including liability for personal injury, death, damages, or loss. KOOL 96.5 and M2O Media are not responsible for prize quality or utility. KOOL 96.5 and M2O Media are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Showcase or by any technical or human error which may occur in the processing of submissions in the Showcase. KOOL 96.5 and M2O Media assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. KOOL 96.5 and M2O Media are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any person's computer or data related to or resulting from participating or downloading materials in this Web site or Showcase. KOOL 96.5 and M2O Media are not responsible for cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Showcase, or to defraud the Sponsor in any way, may be prosecuted to the fullest extent of the law. Participants engaging in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the Showcase is not capable of operating as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of KOOL 96.5 and M2O Media which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Showcase, KOOL 96.5 and M2O Media reserves the right at their sole discretion to cancel, terminate, modify or suspend the Showcase and award prizes among eligible entries received.


Affidavits and Releases: Winners may be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within 14 days of notification of winning. Failure to sign and return the affidavit and release within such period or to comply with any term or condition of these Official Rules may result in disqualification and forfeiture of any interest in a prize. By participating and accepting a prize, winner agrees to provide his/her name, address, voice, photograph, videotape and any other likeness as requested by KOOL 96.5 for advertising or publicity purposes and to the use of such material and statements made by or attributed to him/her relating to KOOL 96.5 or the Showcase, and releases any and all rights to said use in any and all media without further compensation except where prohibited.


Odds of Winning: The odds of winning a prize depend on the number of eligible entries received for each drawing. Showcases may be offered in multiple presentations conducted regionally or nationally in multiple cities and through other programs and websites, and odds of winning may depend on number of eligible entries received through such other presentations.


Prizes: Prizes for Showcases include only those items expressly listed on the Showcase Page for the corresponding Showcase. Any other costs associated with the use or ownership of the prize is the sole responsibility of the winner. One or more winners, as specified on the Showcase Page, will be selected in each Showcase by a random drawing from among all eligible entries received during the Showcase Period for that drawing. Winners will be notified by email and/or a phone call from KOOL 96.5 . In the event the winner cannot be reached within 14 days following attempted notification, or if the prize or prize notification is returned as unclaimed or undeliverable, the prize will be forfeited and an alternate winner may be selected. No substitution or transfer of prizes is permitted. No prizes will be refunded or exchanged for cash. If a prize is unavailable, the Showcase Provider reserves the sole right to substitute a prize of equal or greater value. All taxes, fees, and surcharges on prizes are the sole responsibility of the winner. Prizes will not be shipped to an address outside the United States.


Eligibility: Showcases are open to members of the KOOL KLUB who are natural persons and legal residents of the United States. You must be at least 18 years of age to enter unless a different age eligibility requirement is specified on the Showcase Page. You must have a valid street address in the United States (a P.O. Box address will not suffice). Employees or agents of KOOL 96.5 , other radio stations in Tyler-Longview, M2O Media, and each of their respective affiliates, subsidiaries, and parent companies and the immediate family members of and persons domiciled with such persons are not eligible to participate.

Terms and Conditions of Entry
This Showcase is presented by KOOL 96.5 and Mass 2 One Media (M2O Media). The Showcase shall begin on the start (open) date and all entries must be placed and received by the close date specified on Showcase Page. To enter a Showcase drawing online, you must be a registered member of the KOOL KLUB , which is subject to KOOL KLUB Rules, which are incorporated herein by reference. Registration is free of charge. To enter a Showcase drawing, you must submit the required number of points for an entry specified on the Showcase Page, at which time the points will be deducted from your account. An entry will not be valid unless all of the required fields of the online registration form are completed and the information is valid. Once submitted, an entry cannot be deleted, canceled or modified. In the event of a dispute as to entries submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the KOOL KLUB username and password from which the entry is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by KOOL 96.5 in its sole discretion.

 



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3/22/2010 05:40 AM