Terms and Conditions of Bidding in Auctions: VOID WHERE PROHIBITED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS APPLY. This Rewards Auction ("Auction") is operated by WSPK-FM and Frankly Media, Inc. (together, "Operator"). The Auction is subject to these Official Auction Rules, which shall be deemed to include the specific information relating to each Auction that can be found on the Auction information page (the "Auction Information Page"). A listing of Auction Information Pages is available at the Auctions Listing Page. The Auction shall begin on the start date and all bids must be placed and received within the period specified on Auction Information Page (the "Auction Period"). To enter a bid, you must be a registered member of the Rewards Service, which is subject to the Rewards Service Terms and Conditions, which are incorporated herein by reference. Registration is free of charge. To enter place a bid, you must submit a bid greater than or equal to the minimum bid specified on the Auction Information Page, at which time the will be deducted from your account. In the event that your bid is not the winning bid, your will be returned to your account. A bid will not be valid unless all of the required fields of the online registration form are completed and the information is valid. Once submitted, a bid cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to bids submitted by multiple individuals using the same computer, a bid will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the bid 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 Operator in its sole discretion.
Eligibility: Auctions are open to members of the applicable Rewards Service who are natural persons and legal residents of the United States. You must be at least 13 years of age to enter unless a different age eligibility requirement is specified on the Auction Information Page. You must have a valid street address in the United States. (a P.O. Box address will not suffice). Certain Auctions may be offered only to particular segments of the applicable Rewards Service. Employees or agents of WSPK-FM, other stations in Poughkeepsie, NY, Frankly Media, Inc., 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.
Prizes: Prizes for Auctions include only those items expressly listed on the Auction Information Page for the corresponding Auction. Any other costs associated with the use or ownership of the prize are the sole responsibility of the winner. The member who submits the highest bid received during the Auction Period by the Operator will be the winner of the Auction. Winners will be notified by email. 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 the next highest bidder will be awarded the prize. No substitution of any prizes except by Operator. No prize transfer permitted. No prizes will be refunded or exchanged for cash. If a prize is unavailable, Operator 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. Operator will not ship any prizes to an address outside the United States.
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 Operator for advertising or publicity purposes and to the use of such material and statements made by or attributed to him/her relating to Operator or the Auction, and releases any and all rights to said use in any and all media without further compensation except where prohibited.
Limitation on Liability: By bidding in an Auction, all entrants release Operator 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 Auction and/or acceptance or use of the prizes, including liability for personal injury, death, damages, or loss. Operator is not responsible for prize quality or utility. Operator is 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 Auction or by any technical or human error which may occur in the processing of submissions in the Auction. Operator assumes 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 bids. Operator is 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 Auction. Operator is not responsible for cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the Auction, 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 Auction 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 Operator which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Auction, Operator reserves the right at their sole discretion to cancel, terminate, modify or suspend the Auction and award prizes among eligible bids received.
Auction Disputes: As a condition of participating in this Auction, 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 Auction, shall be resolved individually, without resort to any form of class action. Participants consent to the exclusive jurisdiction of the courts located in Cobb County, Georgia, 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 Georgia, without regard to any conflicts or choice of law rules or provisions (whether of Georgia 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 Auction), 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.
Winner's List: For a Winner's List, available thirty (30) days following the end of the Auction Period, send a self-addressed, stamped envelope to: Frankly Media, Inc. Auction Winner's List, 2110 Powers Ferry Road, Suite 470, Atlanta, GA 30339. Please indicate which month's winner's list you would like to receive.
Definition of Terms on Auction Information Page:
Stating Bid: The lowest initial bid that will be accepted.
Min Bid Increment: The smallest increase from the current bid that will be accepted.
Max Bid increment: The largest increase from the current bid that will be accepted
Minimum Bid: The lowest bid, based on the current bid and Min Bid Increment, that will be accepted
Closes: The date and time that the Auction will close. Please note, some Auctions go into overtime based on bid activity, and will remain open as long as one or more new bids are received within a five minute period.
Request to be Emailed If Outbid: On the Auction information page there is a box where registered members can choose to be notified via email if they are outbid by another member. By selecting this option, the member acknowledges that they are opting in to receive the requested notifications. These notifications are not SPAM and are provided as a service to the member. These notifications will be delivered regardless of any previous request by the member to opt-out of receiving email. The Operator is not responsible for mail that is not delivered or received for any reason whatsoever.
Operators: This Auction is operated by WSPK-FM and Frankly Media, Inc.. To contact the Operators, write to Frankly Media, Inc., 2110 Powers Ferry Road, Suite 470, Atlanta, GA 30339.