OFFICIAL GENERAL CONTEST RULES
Any individual who enters, attempts to enter or in any way participates or attempts to participate in
any contest, sweepstakes or giveaway (“Contest”) conducted by Emmis Austin Radio
Broadcasting Company, L.P. d/b/a KLBJ FM (“Emmis”) (each such individual is hereinafter
referred to as a “Participant”) agrees to be bound by the terms and conditions provided in these
Official General Contest Rules (“General Rules”), as well as by Emmis’ interpretations of these
General Rules which are final and binding in all matters relating to any Contest. Some Contests will
have specific rules developed for them (“Specific Contest Rules”). In the event there is a
discrepancy or inconsistency between these General Rules and the Specific Contest Rules, the
Specific Contest Rules shall control.
NO PURCHASE NECESSARY:
Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not
improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and
regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Emmis reserves the right to cancel, terminate, modify or suspend any Contest if the Contest is not
capable of being completed as planned for any reason, including, but not limited to, infection by
computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind
or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper
conduct of any such Contest. The decision of Emmis to cancel, terminate, modify or suspend any
Contest shall be final in all respects.
All Emmis Contests will be described through electronic, print or on-air advertising or promotion and
governed by these General Rules unless the Contest has Specific Contest Rules developed for it.
Geographical, Age and Parental Consent Requirements: Unless otherwise specified, each
Contest is open to legal residents of the state of Texas, who are at least 18 years of age or older at
time of entry. If a Participant has not reached the age of majority in the jurisdiction in which the
Participant resides, they must obtain permission from their parent or legal guardian prior to entering
Contest Entity and Immediate Family Member Disqualification: The officers, directors,
employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis
Operating Company and any entity involved in the sponsorship, development, production,
implementation and distribution of any Contest as well as their respective parents, affiliates,
divisions, subsidiaries and successor companies (the “Contest Entities”), and their immediate family
members (and those living in the same household, whether or not related), are prohibited from
participating in any Contest and do not qualify as Participants. “Immediate family members” shall
include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”,
or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.Past Prize Winners: Participants may only win a Contest once every thirty (30) days. However,
where a Participant has won a prize valued over $600, the Participant is ineligible to win another
prize for a period of twelve (12) months. Participants who have won an Emmis Contest in the last
thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are
Employer Restrictions: Participant is solely responsible for reviewing and understanding
Participant's employer's policies regarding Participant's eligibility to participate in
contests. Participant may be disqualified from entering into this Contest or receiving prizes if
Participant is participating in this Contest in violation of his or her employer's policies.
HOW TO ENTER:
Methods: Contest entries may be submitted as advertised or otherwise prescribed by Emmis for
the Contest. Generally, these will involve all or some of the following entry methods: (1) toll-free
telephone; (2) toll-free facsimile; (3) postal mail; (4) electronic mail; (5) drop box; (6) web entry; or (7)
text entry to short code 29217. Where entry is available via electronic mail, web or texting,
participation is limited to Participants who had access to electronic mail, the internet, and/or text
messaging (as applicable) prior to the beginning of the Contest.
Entry Period: Entries must be made during the time periods advertised or otherwise prescribed for
each Contest (the “Entry Period”) and, unless otherwise stated, will require at a minimum the
Participant's name, address, daytime telephone numbers and age.
Entries Are the Sole and Exclusive Property of Emmis: All Contest entries and/or related
submissions become the sole and exclusive property of Emmis upon transmission. Contest entries
will not be returned and may be used by any Contest Entity for any purpose whatsoever related to
any Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Emmis is not responsible for problems with Contest
entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete,
illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the
result of the sole or partial negligence of Emmis.
Multiple Entries: Unless otherwise limited by Emmis, multiple entries are permitted. However, for
text-message entry Contests, unless otherwise stated, multiple entries are prohibited and
participation is expressly limited to one text per Participant and per wireless account.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Emmis, provide
false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in
connection with the Contest will be disqualified and subject to criminal prosecution.
SPECIFIC ENTRY-METHOD RULES:
Telephone Entry Contests: If a Contest accepts telephone entries, all calls must be made to the
call-in number(s) as designated on-air. Generally, this number will be 512-973-8300 | 512-390-
5525. The criteria for winning will generally also be given at that time. Only completed calls that are
answered by a live person and are made to the designated number during the designated time
period will be eligible to win or qualify to win.
Emmis may record and/or broadcast a Participant's name, voice and the substance of all or
any portion of the call. Except where prohibited by law, any call-in Participant acknowledges
that such recording and use may occur and grants Emmis permission to record and use such
recording without any additional communication with and compensation to Participant.
Facsimile, Postal Mail and Electronic Mail Entries: If a Contest accepts facsimile, postal mail or
electronic mail entries, all entries must be received by Emmis by the Entry Period deadline, unless otherwise stated.
Unless otherwise stated, facsimile entries should be sent to 512-973-8300 | 512-390-
5525; mail-in entries should be sent via first class United States mail only (overnight mail and courier
are not permitted) addressed to KLBJ FM, Contest Entry (include the name of the Contest), 8309
N IH35 | Austin, TX 78753; and electronic mail entries should be sent to the email address
designated during the Contest advertisement or announcement. The electronic mail account
holder will be deemed the Participant for any electronic mail entries.
Only one Contest entry is permitted per envelope for a mail-in entry.
Drop Box Entries: If a Contest accepts entry forms by deposit in an entry box, entries must be
deposited in an official entry box by the announced deadline. Unless otherwise stated, no purchase
is necessary in order to deposit an entry in the official entry box. Only official entry forms will be
considered, and entries on reproduced forms will be disqualified.
Web Entries: If a Contest accepts web entries, Participants must accurately complete all required
fields or the entry will be deemed incomplete and will not qualify.
Text Message Entries: If a Contest accepts text-message entries, unless otherwise stated, text-
message entries should be sent to short code 29217. Proof of texting is not considered proof of
entry. Emmis cannot guarantee this program will be available via all wireless carriers. The text-
message portion of any Contest will be available on participating wireless carriers only and requires
a two-way text-message capable wireless device. Wireless device carrier's instructions for text-
messaging may vary.
Unless otherwise limited by Emmis, multiple text-message entries are prohibited for any Contest and
participation is expressly limited to one text per Participant and per wireless account. If more than
one text-message entry is received from a wireless account, only the first entry received will be
Unless otherwise noted, standard text messaging rates will apply to any text-message
entry. Each Participant's wireless service provider may charge such Participant for each text
message sent and received by such Participant in entering into any Contest. Participants should
avoid participating in any Contest where their wireless service provider charges any fee for such
PROVISION OF WIRELESS NUMBERS TO THE STATION:
A Participant who signs up to receive text messages from Emmis:
1. authorizes Emmis to deliver or cause to be delivered, to the wireless number that the
Participant provided, telemarketing messages using an automatic telephone dialing system;
2. understands that he or she is not required to enter into this agreement or agree to enter into
such an agreement as a condition of purchasing any property, goods, or services; and
3. agrees that, if the wireless number provided to Emmis is reassigned to another person, the
Participant will promptly notify Emmis that such reassignment has occurred.
Message and data rates may apply. Emmis is not responsible for any fees incurred by a Participant
who provides a wireless number in connection with the Contest.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and
warrants that they are the exclusive owner of any copyright and any other proprietary rights in any
submission by Participant in the Contest (the “Submission”). Participant further represents and
warrants that they have the right to grant to any third party the right to use, reproduce, distribute,
perform and display the Submission. All Submissions must have all appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any song
submissions must be original material. Any unauthorized samples or performances of another
artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant
agrees to indemnify, defend and hold Emmis and any other Contest sponsors harmless. Emmis and
any other Contest sponsors may stream any submissions on-demand on Emmis’ or their affiliates’
websites. Emmis and any other Contest sponsors are not responsible for paying any internet or
other music royalties on any Submission.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of Emmis or other Contest Entity,
Emmis and the other Contest Entities are not responsible for any problems which affect, or result
from, Participation or attempted Participation in the Contest. This includes, but is not limited to, the
1. Incorrect, incomplete or inaccurate entry information;
2. Human errors;
3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone
network, internet service, computer systems, servers, utility providers, or software;
4. Inability to send a text-message;
5. Identity theft;
6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
7. Network hackers or other unauthorized access to Emmis' computer network;
8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network,
telephone network, computer or electronic malfunction or traffic congestion on wireless or
9. Printing errors;
10. Equipment malfunctions; and
11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE AND
COVENANT NOT TO SUE Emmis, Emmis Communications Corporation, Emmis Operating
Company, the other Contest Entities (as described above) and each of their respective direct and
indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-
air personalities, shareholders, representatives, managers, members, directors, owners, agents,
insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released
Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions
(including but not limited to tort actions, product liability actions, wrongful death actions, warranty
actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness
actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on
their behalf (including but not limited to their heirs, representatives or next of kin) have or might have
for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their
participation in the Contest, including, but not limited to, any claim that the act or omission
complained of was caused in whole or in part by the strict liability or negligence in any form of
the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD
HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all
claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to
tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract
actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of
consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage
or claimed injury or damage arising out of, involving or relating to their participation in the Contest or
for their failure to comply with the terms of the above release provision. This agreement to
indemnify, hold harmless and defend applies even if the act or omission complained of was
allegedly caused in whole or in part by the strict liability or negligence in any form of the
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook,
Twitter, Instagram or any other Social Media Platform. By submission of an entry, Participant
releases Facebook, Twitter, Instagram, and all Social Media Platforms from any responsibility or
liability for the Contest’s administration, prizes or promotion. You are providing entry information to
Emmis or another Contest sponsor and not to Facebook, Twitter, Instagram and all Social Media
ODDS OF WINNING:
The odds of winning any Contest and/or prize will depend upon the number of Contest Participants.
The actual prizes and value of each prize will vary for each Contest. Descriptions of prizes will be
announced for each Contest separately. No transfer, assignment or substitution of a prize is
permitted, except Emmis reserves the right to substitute a prize for an item of equal or
greater value in the event an advertised prize is unavailable. Any difference between the actual
value and the approximate retail value of any prize will not be awarded. No substitution or cash
equivalent will be made.
Emmis reserves the right to substitute a prize of equal or greater value if the awarded prize in
unavailable for any reason. If tickets to an event are awarded as a prize, Emmis is not responsible
for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse,
refund or otherwise substitute the tickets for another prize should the event not be rescheduled or
vouchers not issued. Should travel be part of the prize, Emmis is not responsible for cancellations or
delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute
any tickets awarded as a part of a travel prize due to such cancellations or delays.
The Participant prize-winner is solely responsible for determining and paying all federal, state and
local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year
period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be
filed with the IRS.
Prize winners will be selected per the criteria announced for the Contest. If the Contest requires
Participants to answer trivia, provide information or otherwise perform in some manner to participate
and qualify to win, the decisions of Emmis and/or the other judges will be final as to all matters
including the accuracy and/or completeness of the answer, as well as the quality of the information
or other performance. If a winner is unable to be notified for any reason for any amount of time, the
applicable prize may be forfeited and awarded to an alternate winner.
HOW TO CLAIM PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize at Emmis’ business office
located at 8309 N IH 35 | Austin, TX 78753. The prize may be picked up any time between the
hours of 9:00 a.m.-5:00 p.m. (Central Standard Time) Monday-Friday, excluding holidays. From time to time, in its sole discretion, Emmis may agree to mail the prize. In the event that a prize is
mailed to the winner, the winner will initially be sent any required releases and prize claim forms
along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed
forms within five (5) business days may lead to forfeiture of the prize. In the event the prize is
mailed to the winner, the winner assumes the risk of the prize's safe arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide (1) a
valid government-issued photo identification depicting proof of age and (2) a valid taxpayer
identification number or social security number. The social security number will be used for tax-
reporting purposes. Emmis reserves the right to deny awarding the prize if the winner fails to provide
satisfactory identification, as determined in Emmis’ sole discretion.
Winners, and, to the extent the winner is a minor then their parent(s) or legal guardian(s) as well,
may be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a
Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute
these documents if selected as a winner in order to receive their prize. If the prize is travel tickets
involving travel partners, the travel partners will be required to meet minimum age eligibility
requirements and to execute an Affidavit of Eligibility/Release of Liability prior to receiving the
companion travel ticket. Except where prohibited by law, failure to execute any of these documents
or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Unless otherwise stated, winners shall have thirty (30) days from the date of
selection to claim and pick up their prize. Failure to claim and pick up prize within this time for any
reason will result in forfeiture of the prize. Emmis reserves the right, in its sole discretion, to award
unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant
individually warrants and represents to Emmis and any other sponsors that: (i) they meet the
residency and age requirements at the time of entry; (ii) they will be bound by these General Rules
and any Specific Contest Rules, if any, and by all applicable laws and regulations, and the decisions
of Emmis and any other sponsors; (iii) they waive any rights to claim ambiguity with respect to these
General Rules and the Specific Rules, if any; (iv) they are the sole creator and owner of their
Submission, including any music, music video, and/or photography included therein, and they have
the full legal right, power and authority to grant to Emmis and any other Contest sponsors the license
provided for in these General Rules; and (v) they own or control the complete exhibition and other
rights to the Submission for the purposes contemplated in the license.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Emmis and the
other Released Parties (as defined above) permission to, from time to time, reference and discuss
Participant and their participation in the Contest on-air and/or on their website(s) in photographs,
video recordings, digital images, audio recordings, as well as in publications, newsletters, news
releases, other printed materials, and in materials made available on the Internet or in other media
now known or hereafter developed for any purpose Emmis and/or the Released Parties deem
proper. Such reference and discussion may involve Participant's name and voice, and other
personal/biographical material or their participation on-air.
By participating in this Contest, Participant irrevocably grants to Emmis and any other Contest
sponsors the perpetual right, without liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available or otherwise use any Submission, or any portion thereof,
throughout the universe in any medium and in any manner, now or hereafter known, including,
without limitation, if applicable, radio and television broadcasts, and cable and satellite
transmissions, without payment of any compensation to Participant or any third party in connection
with the Contest.
All participants agree to be bound by these General Rules. Non-compliance with any of these
General Rules will result in disqualification and all privileges as a Participant will be immediately
terminated. Emmis, in its sole discretion, further reserves the right to disqualify any person for: (i)
tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in
participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means;
or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL
OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE
LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL
LAWS. SHOULD SUCH AN ATTEMPT BE MADE, EMMIS RESERVES THE RIGHT TO SEEK
DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Emmis reserves the right in its sole discretion to supplement or make changes to these General
Rules as well as the rules of any contest at any time without notice. Emmis reserves the right in its
sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, a Participant understands and
a. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve
their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of
b. any and all disputes, claims, and causes of action arising out of or in connection with this
Contest, or any prizes awarded, shall be resolved individually, without resort to any form of
class action (even if the rules and procedures of the arbitration tribunal allow class
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 and under no
circumstances will Participants be permitted to obtain awards for attorneys’ fees, and
Participants hereby waive all rights to claim punitive, incidental, or consequential damages,
or any other form of damages, other than actual out-of-pocket expenses, and any and all
rights to have damages multiplied or otherwise increased;
d. any claim or dispute regarding the Contest or these General Rules will be resolved pursuant
to the laws of Texas, without regard to the conflicts of laws and rules of Texas;
e. any claim or dispute regarding the Contest or these General Rules will be resolved in a
tribunal within the state of Texas, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
f. if for any reason a claim or dispute regarding the Contest or these General Rules proceeds
in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these General Rules, including but not limited to
the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any
such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed
in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
GENERAL RULES/LIST OF WINNERS:
Copies of these General Rules (as well as any Specific Contest Rules) may be obtained by
sending a self-addressed stamped envelope to: KLBJ FM Official Contest General Contest
Rules (or the Specific Contest Rules), 8309 N IH 35 | Austin, TX 78753. These General Rules
may also be found atwww.klbjfm.com
For a list of any Contest winners send a self-addressed, stamped envelope to: KLBJ FM
[insert contest name]'s Winners List, 8309 N IH 35 | Austin, TX 78753.