B98.5′s Merry Little Christmas 2023 Contest

OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. Eligibility. Subject to the additional restrictions below, the B98.5′s Merry Little Christmas 2023 Contest (the “Contest”) is open to (i) legal residents of the State of Georgia; (ii) who have a valid Georgia driver’s license or Georgia state ID; and (iii) who are 18 years or older at the time of entry. Employees of Cox Radio, LLC, d/b/a Cox Media Group Atlanta (“Sponsor”), Breda Pest Management, Cirque du Soleil Entertainment Group, Publix Super Markets Inc., CMG Media Corporation, 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. 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 Contest event. 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.

Limit: Only one (1) prize winner may be selected from the same household every thirty (30) days in connection with any Sweepstakes sponsored or administered by any of the CMG Atlanta radio stations: WSB-AM, WSB-FM, WSBB, WALR, and WSRV (each, a “Station”). If you or a member of your household has won a prize from any Station within the last thirty (30) days, you will be ineligible to receive a prize in this Sweepstakes.

3. How to Enter. The Contest will begin at 5:00 AM ET on November 4, 2023 and end at 10:00 AM ET on November 15, 2023 (the “Contest Period”). Sponsor will be the official timekeeper for the Contest.

There are two (2) ways to enter the Contest.

1. Station Website. Enter by visiting the B98.5′s Merry Little Christmas Contest official registration page at “Contests” page at www.B985.com (the “Website”) and completing all of the required information and following all posted instructions, including submitting the required original essay (as described below).

By participating in the Contest, you agree to be bound by Sponsor’s Visitor Agreement and Privacy Policy (http://www.B985.com/visitoragreement) and (http://www.B985.com/privacypolicy), which are hereby incorporated by reference.

2. Station App

To enter through the B98.5 mobile app (the Station App), download and install the Station App on a compatible mobile device from either Google® Play or the iTunes® App Store.

Once you have installed the App, navigate to the Contest/Sweepstakes tab on the App’s main menu to register for the Contest. Follow the instructions on the registration page and complete all of the required information to submit an official entry form. All of the information you provide must be complete and accurate. Entrants who submit an invalid phone number or email address may be disqualified in Sponsor’s sole discretion. Standard data rates may apply.

By participating in the Contest via a Station App, you agree to be bound by the App’s terms of use and privacy policy. Sponsor is not responsible for any issue that may prevent a contestant from being able to download or access the app or complete his/her entry.

Original Essay

As part of the registration process, you (the “Nominator”) must submit your original essay (500 words or less), nominating a family (the “Nominee”) in need who resides in the metro Atlanta area (you may be a member of the Nominee-family, or you may be personally acquainted with the Nominee-family you and can facilitate Sponsor contacting such family, should the Nominee-family be chosen as a Winner) and including the following information:

· Last name that will be used to identify the winning Nominee-family on-air

· First names of adult members of Nominee-family and their relationship to the Nominee-family

· Approximate ages of the children in the Nominee-family

· A short essay explaining why the Nominee-family is in need and deserves to have a “Merry Christmas”

Limit: Maximum one (1) entry per person and per email address during the Contest Period, regardless of method of entry.

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, or entries that do not meet the size or formatting requirements specified above, 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 Contest 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 Contest 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 or the owner of an ISP account 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 aspect of the Contest.

4. Entry Restrictions. Your entry (1) must be suitable for a general audience; (2) cannot contain any sexually explicit, disparaging, libelous or other inappropriate content (all as determined in the sole discretion of Sponsor); (3) cannot contain any commercial content that promotes any product(s) or service(s) other than Sponsor; (4) cannot contain any trademarks, copyrighted works or other intellectual property (other than works and intellectual property that you own, or for which you have obtained royalty-free rights for Sponsor to use in connection with this Contest (collectively, “Authorized Assets”). Any elements appearing in your entry must be entirely original, created by you, be in the public domain, or be an Authorized Asset. Use of any materials that are not original to you, not in the public domain, or that are not an Authorized Asset may result in disqualification. Sponsor reserves the right to disqualify any entry that violates the foregoing restrictions, as determined by Sponsor in its sole discretion.

5. Winner Selection.

During the Winner Selection Periods as stated below, a maximum of twenty (20) essays will be selected as potential winners by a committee of judges consisting of Sponsor and WSB-FM programming and promotions staff, selected in Sponsor’s sole discretion, based on the following criteria (“Criteria”): (1) compelling nature of the Nominee–family’s story (25%); (2) entry clarity and composition (25%); and (3) the Nominee–family’s need depicted in the essay based upon financial, emotional or physical distress (50%).

· Winner Selection Period 1:

o Entries received from 5:00 a.m. EST on November 4 through 10:00 a.m. EST on November 10

o Ten (10) potential winners will be selected on November 10

· Winner Selection Period 2:

o Entries received from 5:00 a.m. EST on November 4 through 10:00 a.m. EST on November 15

o Ten (10) potential winners will be selected on November 15

The essays with the highest cumulative scores in each Winner Selection Period will be designated the winning essays and the Nominee–family that is the subject of such winning essays will be deemed the winners.

In the event of a tie, the Nominee–family’s need depicted in the essay based upon financial, emotional or physical distress will be used as a tiebreaker. All decisions of the Contest judges are final.

6. Prize Description. Twenty (20) First Prizes: Subject to verification of eligibility and compliance with these Official Rules, twenty (20) First Prize Winning Nominee-Families will receive (a) the opportunity to submit a list of holiday needs to the B98.5 promotions department, which may be fulfilled by donations from B98.5 listeners, sponsors and staff and delivered to the winner; and (b) one (1) Publix Gift card valued at $100. (Prize ARV: $100.00).

Total ARV of all prizes to be awarded in the Contest: $2,000.00

Limit: One (1) prize per person and per household.

For clarity, Sponsor is not awarding the items on a winner’s list of holiday needs; Sponsor is making each winner’s list of holiday needs available to the public for public participation in donating to each winner. Timing and method of public display of winner’s list of holiday needs to be determined in Sponsor’s sole discretion.

7. Winner Notification and Acceptance. The Nominator of each potential winning Nominee–Family will be notified on or about the date listed above for each Contest Period at the telephone number and/or email address provided on the entrant’s entry form. In order to win, the Nominator must respond to Sponsor’s notification at the time of notice or attempted notice. Sponsor and Nominator will confer on the appropriate method to contact the winning Nominee–Family.

In order to claim a prize, potential winning Nominee–family must respond to Sponsor’s notification within twenty-four (24) hours of notice or attempted notice.

Potential winning Nominee–families 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 two (2) business days of notification.

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, 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 based upon the next highest score according to the judging criteria. Sponsor will select up to ten (10) alternate potential winners, 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. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest 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 Contest as solely determined by Sponsor. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest 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.

9. Authorization. BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) YOUR ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL RIGHTS OF ANY THIRD PARTY; (II) YOU HAVE OBTAINED PERMISSION TO SUBMIT YOUR ENTRY FROM EVERYONE NAMED, DESCRIBED, OR APPEARING IN YOUR ENTRY AND FROM THE OWNERS OF ALL LOCATIONS APPEARING IN YOUR ENTRY, AND YOU CAN MAKE THOSE AUTHORIZATIONS AVAILABLE TO SPONSOR UPON REQUEST; (III) THE ENTRY YOU ARE SUBMITTING HAS NOT PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY UNDER CONSIDERATION FOR PUBLICATION; AND (IV) YOU WILL NOT DISSEMINATE OR OTHERWISE SUBMIT YOUR ENTRY TO ANY OTHER ENTITY FOR PUBLICATION.

10. Publicity Release. BY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, CMG MEDIA CORPORATION, BREDA PEST MANAGEMENT, CIRQUE DU SOLEIL ENTERTAINMENT GROUP, PUBLIX SUPER MARKETS INC., 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”) HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE CONTEST 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.

11. Indemnification. If Sponsor’s use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney’s fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.

12. Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, 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 CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.

13. Limitations of Liability. By PARTICIPATING IN the Contest, PARTICIPANTs acknowledge and agree that EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE AND THE 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 Contest; (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 Contest; (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 Contest 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 Contest. 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 the prize based which entries received the highest scores according to the judging criteria.

14. 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.

15. Sponsor. The B98.5′s Merry Little Christmas 2023 Contest is sponsored by Cox Radio, LLC, d/b/a Cox Media Group Atlanta. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest 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 Contest. For a list of winners (available after November 21, 2023) or a copy of these Official Rules, visit www.B985.com or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable),B98.5′s Merry Little Christmas 2023, 1601 W. Peachtree Street, Atlanta, GA 30309 Attn; Amanda Allwood/WSB-FM Promotions. If you have any questions regarding this Contest, please contact Amanda.allwood@CMG.com.

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