WTOP – PLAYER OF THE WEEK SWEEPSTAKES
NO PURCHASE NECESSARY
BY SUBMITTING A PHOTO IN THIS SWEEPSTAKES, ENTRANT HEREBY ACKNOWLEDGES AND AGREES THAT SPONSOR MAY USE THE PHOTO ON SPONSOR’S WEBSITES, INCLUDING SOCIAL MEDIA CHANNELS, AND IN ANY OTHER MARKETING OR ADVERTISING MATERIALS WITHOUT ENTRANT’S PRIOR APPROVAL OR ADDITIONAL CONSIDERATION.
BY SUBMITTING A PHOTO IN THIS SWEEPSTAKES, ENTRANT HEREBY REPRESENTS AND WARRANTS THAT ENTRANT IS THE PARENT OR LEGAL GUARDIAN OF THE CHILD/WARD FEATURED IN THE ENTRY OR THAT ENTRANT HAS RECEIVED THE CHILD/WARD’S PARENT/LEGAL GUARDIANS APPROVAL TO SUBMIT THE PHOTO IN THIS SWEEPSTAKES.
- Eligibility: Listeners who are 19 years of age or older and reside in Maryland, Virginia, or District of Columbia may nominate (“Nominator”) their favorite student player of the week in the WTOP Player of the Week Sweepstakes (the “Sweepstakes”). Each student being nominated in the Sweepstakes must be between the ages of 14-18 in grades 9-12, and participate in a JUNIOR VARSITY OR VARSITY (no B Team or other levels will be accepted) sport at a public or private school located in Maryland, Virginia or the District of Columbia (each, an “Eligible Student” or “Nominee”) PLEASE NOTE a Nominator may NOT nominate themselves as the Nominee and the winner of this Sweepstakes will be the Nominee and NOT the Nominator. No purchase necessary to enter the Sweepstakes. Employees of Hubbard Radio Washington D.C., LLC and its station WTOP, 3400 Idaho Avenue N.W., Washington, D.C., (the “Sponsor”), Hubbard Radio, LLC, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes (collectively with Sponsor and Promotional Participant, the “Released Parties”) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. In order to be eligible to win a prize in this Sweepstakes, you cannot have won a prize from Sponsor within 60 days prior to the awarding of a prize to you in this Sweepstakes, or more than $600 in prizes in the last year. These restrictions apply even if you reject the prize. Anyone participating in this Sweepstakes or claiming a prize in this Sweepstakes in violation of these rules will be disqualified from winning a prize in this Sweepstakes and from participating in any Sponsor sweepstakes or contests for a period of one year. The Sweepstakes 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 Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Periods: The Sweepstakes will open for submissions at 12:00:00 AM Eastern Time (“ET”) on February 27, 2023 and ends November 24, 2023 (“Sweepstakes Period”) and the Sweepstakes Period will be broken out into two (2) separate Season Periods as follows: The first season period will begin at 12:00:00 AM ET on February 27, 2023 and end at 11:59:59 PM ET on May 19, 2023 (“Season One Period”) and the second season period will begin at 12:00:00 AM ET on September 1, 2023 and end at 11:59:59 PM ET on November 24, 2023 (“Second Season Period”).
- How to Enter. To enter, Nominators can visit wtop.com during the Sweepstakes Period, use search term “Player” and complete the online official entry form, which includes the following: (1) Eligible Student Information: Eligible Student’s first and last name, grade, school name, state where school is located, sport they participate in, a short (250 words or less) description of why you are nominating the Eligible Student, and a photo of the Eligible Student (“Photo”); (2) Parent/Legal Guardian of Eligible Student Information: parent/legal guardian first and last name, email and phone number; and (3) Nominator’s (if different than Parent/Legal Guardian) Information: the Nominator’s first and last name, phone number and email address. Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any nomination or other technical problems that may arise in connection with your entry into the Sweepstakes. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. By submitting a nomination, you hereby acknowledge and agree that your nomination may be aired on WTOP 103.5 fm without prior consent by or notice to the entrant and for no additional compensation.
Please note the Photo and description of why you are nominating the Eligible Student may be aired on WTOP and on WTOP’s website and social media pages without any additional permission or notice.
By entering, each Nominator represents and warrants to Sponsor and the Released Parties that the Nominator has express permission from the Nominee’s parent/legal guardian to enter the Eligible Student into the Sweepstakes as a Nominee.
- PHOTO ENTRY REQUIREMENTS: Nominators agree to and understand that the Photo may be made available to the public, including without limitation, posting on the Internet on Sponsor’s and Promotional Participant’s Websites or social media channels, and may appear in Sponsor’s and Promotional Participant’s advertising and marketing materials without notice or compensation. Whether or not the Photo is published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photos.
- Each Photo must be an original creation of the submitting entrant (e.g., no professional photographs allowed) which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Nominator absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person’s rights of privacy or publicity and that all necessary releases and permissions have been secured. Nominator agrees to indemnify and hold harmless each of the Released Parties from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as entrant’s original creation.
- By uploading the Photo, the Nominator agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Photo at its sole discretion through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any location, whether physical or online. Nominator agrees to release, defend, indemnify and hold harmless each of Released Parties from all claims, demands, and causes of action of any nature whatsoever which Nominator or their heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Photo, and any portion thereof, or the likeness of any natural person therein.
- Nominators are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo.
- Photos must not contain material that: (1) contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; (2) violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights; (3) contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (4) contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (5) contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; (6) references persons or organizations without their written permission; (7) disparages any persons or organizations; (8) includes threats to any person, place, business, or group; (9) is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
Failure of any Photo to comply with the preceding requirements and restrictions, as determined by Sponsor, in its sole discretion, may result in disqualification of Nominator’s entry. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photos must be suitable for presentation in a public forum, in sole determination of Sponsor.
- How the Winners are Chosen & Notified: Then, every Monday of each week of Season One Period and the Season Two Period, Sponsor will randomly select one (1) Eligible Student to be that Week’s Grand Prize winner. Odds of winning depend on the number of eligible entries that are received up until the applicable random drawing. The winning Nominator of the Grand Prize winning Eligible Student will be notified by email or telephone on or about the day they are selected as a winner and will be announced on air and featured online on Fridays.
- PRIZES: The Player of the Week will be featured on-air on WTOP, on WTOP.com’s website, and in WTOP’s social media pages for the Week. There is no retail value associated with the Prize.
- 9. 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 Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor 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 participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless Sponsor and Zippy Shell from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or winning school’s acceptance, use or misuse of prize.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winners during a modified public voting period as determined solely by Sponsor, or via a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such voting or random drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor 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 Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. Sponsor and Huntington Learning Center are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized 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 or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Entry in the Sweepstakes. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion.
- Disputes/Governing Law. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, other than those concerning the administration of the Sweepstakes or the determination of Winners or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Maryland under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired Maryland state or federal court judge with experience in entertainment matters who shall follow Maryland law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Maryland, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Maryland. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Maryland; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) 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 the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland.
13. Winner’s List/Official Rules: For names of the Players of the Week, see our Website during the Sweepstakes Period. For the Sweepstakes official rules, see our Website until December 30, 2023.
14. Sponsor: Hubbard Radio Washington DC, LLC, and its station WTOP, 5425 Wisconsin Ave, Fifth Floor, Chevy Chase, MD 20815.