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Small Business Challenge Rules

SMALL BUSINESS CHALLENGE OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.

1. HOW TO ENTER

a. These rules govern the Small Business Challenge promotion (the “Promotion”) being conducted by KYW-AM (the “Station”) beginning on May 27, 2013 and ending on July 28, 2013.

b. To enter the Promotion, you may enter online beginning on May 27, 2013 at 8 a.m. Eastern Time (“ET”) and ending on July 5, 2013 at 12 p.m. Eastern Time (“ET”) (the “Entry Period”) as follows:

c. To enter online, visit cbsphilly.com/businesschallenge and follow the links and instructions to enter the Promotion and submit your first name and last name, complete address, city, state, zip code, telephone number, date of birth and a valid email address in the online entry form. Submit a two page Executive Summary outlining your products and/or services, including how you would use the advertising campaign (i.e. what aspect of your business you will promote.) on cbsphilly.com/businesschallenge. Online entrants are subject to all notices posted online including but not limited to the Station’s Privacy Policy. Limit one (1) online entry per person or email address per day regardless if entrant has more than one email address. Multiple participants are not permitted to share the same email address. Entries submitted may not be acknowledged or returned. Proof of submission of an entry shall not be deemed proof of receipt by the Promotion administrator.

2. ELIGIBILITY RESTRICTIONS

a. The Promotion is open to any legally operating business duly registered and authorized to do business in the States of Pennsylvania, New Jersey, and Delaware located within the greater Philadelphia metropolitan area (Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties, PA; Burlington, Camden, and Gloucester Counties, NJ; New Castle, Kent and Sussex Counties, DE). Employees of Station, the Station’s licensee (collectively, “Promotion Entities”), their respective parent, subsidiary and affiliated entities, Station’s advertising and promotional agencies and participating sponsors, other radio stations in the Philadelphia metropolitan area, the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Entrants are responsible for complying with these Official Rules.

b. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.

c. By entering the Promotion, the person completing and submitting the entry form represents and warrants that they are authorized to enter the Promotion on behalf of the named business. Any breach of the foregoing will result in the disqualification of the entry.

3. PRIZES

a. There will be one (1) prize awarded which consists of the following:
– A $25,000 marketing campaign on KYW Newsradio and CBSPhilly.com. On air and online assets of $25,000 on KYW Newsradio will be priced at fair market value and are available based on available inventory. Credit expires one year after issuance.
– Rent for one (1) lease for one (1) year of professional private furnished office located at one (1) of the seven (7) American Executive Centers in the Delaware Valley. Approximate Retail Value (“ARV”) of prize is $20,000 (twenty-thousand dollars). Winner agrees to comply with all rules and regulations of the lease provided by American Executive Centers. The terms include, but are not limited to, the following: The term of the Lease will be 12 months beginning on July 8, 2013 and ending on July 8, 2014. If the AEC location of choice does not have availability on July 8, 2013, Winner may choose another AEC location which has availability or wait until an office in the location of choice is available to take occupancy where a space is available, however if Winner decides to wait, the term will still end on July 8, 2014 and so will be less than 12 months. The Winner agrees to pay by the first day of the month service fees in the amount due for Exhibit B-2 services utilized over the Monthly Allowance of $200 given as part of this prize. AEC will use reasonable efforts to alert Winner when the Monthly Allowance amount has been utilized. The $200 Allowance is not cumulative, so that if Winner uses less than $200 in any month, the unused balance for that month is not available for future months. The lease and service agreement can be read in its entirety by clicking here: AEC Executive Centers Lease and Service Agreement. Winner of American Executive Centers lease may not assign or sublet office space.
– The total ARV of the prize is $45,000.

b. The Station shall have the right to decline clearance of any radio spot provided or approved by Winner , without liability to the Station, if such radio spot does not conform to the Station’s standards and practices as uniformly applied. The Station’s obligations to broadcast the radio spots may be preempted and relieved for any event of force majeure (as that term is understood in the broadcast industry) or for the broadcast of any program which the Station deems, in its sole discretion, to be a program of special national, state or local significance and/or importance to the public interest. Any such preemption shall not constitute a breach of this Agreement. Except as otherwise provided herein, the broadcast of any spot advertising hereunder shall be governed by the terms and conditions of CBS Radio’s standard terms and conditions for advertising (copies available upon request), which is incorporated herein.

b. CBS Radio and its stations do not discriminate in advertising contracts on the basis of race or ethnicity, and will not accept any advertising which is intended to discriminate on the basis of race or ethnicity. By entering the Promotion, the Winner represents and warrants that it is not purchasing time from CBS Radio or its stations that is intended to discriminate on the basis of race or ethnicity.

c. No more than the stated number of prizes specified in these official rules will be awarded. All prizes or prize certificates may be claimed at the office of the Station at the address below during regular business hours. The prize may also be claimed over the phone after filling out the proper prize affidavits. The winner will forfeit any prize or prize certificate not claimed within ten (10) days of winning. In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize or prize certificate.

d. The Prize(s) is not transferable, and no substitution, assignment, or cash equivalent of prize is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize(s) are expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Entrants acknowledge that the Promotion Entities have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.

4. WINNER SELECTION AND NOTIFICATION

a. Decisions of the Station management with respect to the Promotion are final.

b. Five finalists will be selected the week of July 8, 2013. One (1) winner will be selected on July 22, 2013. Finalists and winner will be selected by a panel of business leaders chosen by the station management based on the following judging criteria: businesses must be up and running and post-revenue; 80% of revenue must stay in the Delaware Valley with proof of financial investment; businesses must be less than two (2) years old from the date of obtaining a business license which should be provided upon winning the prize; total revenue must be less than $5 million annually; and submit summarized business plans from local, private companies looking to grow. The business plan must also demonstrate the company’s commitment to generate revenue within the Delaware Valley. Finally, the submission should include an explanation of how and why this company would benefit from winning the $25,000 advertising campaign on KYW Newsradio 1060 and CBSPhilly.com.

c. Winner does not need to listen to the Station or be present to win.

d. The winner will be notified via telephone call on the date of the selection on July 22nd, 2013. Potential prize winner(s) will be notified by telephone call on or around July 8th, 2013. Prize(s) will be awarded only upon confirmation of eligibility and completion of all requisite releases. The winner (or their parent or legal guardian if under the age of majority) must execute and return any required affidavit of eligibility and/or liability/publicity release within ten (10) days of winning or prize will be forfeited and an alternate winner will be selected from the group of remaining finalists that were chosen the week of July 8th, 2013. If a potential winner cannot be contacted, fails to sign and return the required fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.

5. CONDITIONS

a. Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize and will be required to complete and submit an IRS form w-9 with the winner’s full social security number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the station (or any other CBS radio station in station’s market) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.

b. Participation in the Promotion and/or acceptance of the prize (s) constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its agents to interview the winner(s) (or guest(s), if applicable), to photograph, film, and record each winner (or guest, if applicable), and to use in commerce and in any media now or hereafter known throughout the world in perpetuity, his/her name, prize won, hometown (city and state), biographic information, likeness, photograph, audio or video recording, and/or any statements made by him/her regarding the Station, the Promotion, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, notification, or permission, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.

c. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion’s sponsor(s), the Station, its licensee, their respective parent, subsidiary and affiliated entities, their advertising and promotional agencies, prize suppliers, and participating sponsors, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Promotion, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in Promotion, or delivery, possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy.

d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend, and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting winners, unless the nature of the event giving rise to such termination renders it impossible to select winner(s).

e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Promotion or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems or for telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological failures of any kind; or (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.

f. The use of any device to automate entry is prohibited and will result in disqualification. Online entries generated by a script, macro or use of automated devices will be disqualified at the Station’s discretion. The Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” means the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. For phone or mobile entries, the authorized account holder is the natural person who is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Station’s website. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station reserves the right to disqualify that entrant from entering and/or winning this and future Station-administered Promotions and to prosecute and seek damages to the fullest extent permitted by law.

g. The Station reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Promotion and shall not be required to award a substitute prize.

h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize (s) shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, by entering the Promotion, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.

i. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by July 28, 2013 to “Small Business Challenge – Official Rules,” Attn: Promotions, KYW Newsradio, 400 Market Street, 10th Floor in Philadelphia, PA 19106. For the names of the prize winners send a self-addressed stamped envelope for receipt by September 28, 2013 to the above address marked “Small Business Challenge– Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at cbsphilly.com

6. PRIVACY

a. By participating in the Promotion, you agree to the Station’s Terms of Use Agreement and to the use of your personal information as described in the Privacy Policy located at cbsphilly.com. In the event of conflict between the Station’s Terms of Use Agreement and these Official Rules, the terms of these Official Rules shall apply.

Administrator: KYW Newsradio, 400 Market Street, 10th Floor in Philadelphia, PA 19106
Sponsor: KYW Newsradio, 400 Market Street, 10th Floor in Philadelphia, PA 19106

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