Customer Survey - Terms & Conditions

TERMS AND CONDITIONS

Beginning January 22, 2019 and running through February 22, 2019, AccuRadio is requesting certain listeners to voluntarily participate in a survey to assist it to determine listener preference, choices, interfaces and attitudes toward AccuRadio (the “survey period”). A pop-up box will request listeners to complete the survey. Completing the survey and providing name and valid email address enters survey participants into a pool for a chance to win one $500 Visa gift card to be awarded at the conclusion of the survey period. One winner will be randomly chosen from the entire pool of survey participants. You may launch as many AccuRadio music channels as you like each day, but you can only complete one survey. AccuRadio may, in its sole discretion, alter, amend, lengthen or shorten the duration of the survey period, or terminate the promotion at any time; provided, however, that any listener who has completed a survey and provided a name and valid email address will continue to have a chance to win the $500 Visa gift card. All responses and personal information provided by survey participants will be kept confidential in accordance with AccuRadio’s Privacy Policy.

AccuRadio Survey Promotion Terms and Conditions

Sponsor: AccuRadio LLC is the sponsor of the survey promotion to give all listeners who complete the survey and provide a name and email address a chance to win one $500 Visa gift card prize at the conclusion of the survey period. Listeners may complete only one survey during the survey period for a chance to win one (1) $500 Visa gift card prize. There is no cost to enter, but listeners must complete the survey and provide a name and email address.

How to Win a Prize: Listeners must complete the survey that the listener is requested to complete when a pop-up box appears at the end of a listening session. Requests to complete the survey will appear between January 22, 2019 and continue through February 22, 2019, but AccuRadio reserves the right to lengthen, shorten or terminate the survey requests at any time. Listeners who complete the survey and provide a name and valid email address will be automatically entered into a pool of listeners who have also completed surveys. On or shortly after February 23, 2019, or some other date if the survey period is lengthened or shortened, AccuRadio will randomly select one winner from the pool of listeners who completed the survey and provided a name and valid email address. Listeners with multiple accounts who log-in and launch a channel will not increase their odds because only the first account owned by listeners that is used to log-in will be entered into the pool of potential winners.

The Prize: One (1) US $500 Visa gift card. Approximate retail value (“ARV”) of the promotion is $500. The $500 Visa gift card is issued by MetaBank, N. A., Sioux Falls, South Dakota (“MetaBank”) and can be used everywhere Visa debit and gift cards are accepted in the U.S. and foreign countries. The Visa gift card may be activated by calling 1-855-895-7555 and providing the 16-digit gift card number and three (3) digit security code located on the back of the Visa gift card. If the card is lost or stolen, please contact MetaBank at 1-855-895-7555 for card replacement. A card replacement may be charged to replace your card. Funds do not expire. If available funds remain on your card after the valid thru date, call the customer service number on the back of the card to obtain a free replacement card. A monthly maintenance fee of $2.95 will be deducted on the first day of the thirteenth month after the date of issue, following 12 months of inactivity. No cash or ATM access. By using the Visa gift card, you consent to issuer MetaBank’s cardholder agreement which can be found at https://www.ycncard.com/cardholder-agreements-gift.

No purchase or entry fee is necessary to participate, but listeners must complete the survey and provide a name and valid email address. The promoter is AccuRadio LLC, whose address is 10 W. Hubbard Street, Suite #5W, Chicago, IL 60654. Employees of AccuRadio and its affiliates, and their family members, are not eligible. Promotion is open only to listeners who are eighteen (18) or older. Promotion begins on January 22, 2019 and ends on February 22, 2019. AccuRadio reserves the right to alter, amend or terminate the promotion and any of its rules at any time and may, in its sole discretion, extend the contest past February 22, 2019 or terminate earlier than that date. AccuRadio reserves the right to disqualify any listener who has violated the rules or who has created accounts for the sole purpose of multiple entrance. The winner of the $500 Visa gift card will be chosen randomly shortly after the completion of the survey period. Except where prohibited, participation and completion of the survey constitutes consent to your use of name, likeness, entry and state of residence for promotional purposes (including complete winners list) in any media without further payment or consideration. If AccuRadio is unable to contact the winner within ten (10) days from first notification attempt, or if prize winners fail to provide necessary and appropriate information by a specified date, or if a winner fails to comply with any of the requirements, his/her prize is forfeited and another winner will be selected. Odds of winning depend on the number of listeners who complete the survey during the survey period. If a winner cannot be contacted or is disqualified for any reason, AccuRadio reserves the right to determine an alternate winner. Entry into the promotion by completing the survey and providing a name and valid email address will be deemed acceptance of these terms and conditions.

All Federal, state and local taxes, if any, are the winner’s responsibility. Approximate retail value ("ARV") of the Visa gift card is $500, and the winner will be issued a Form 1099-MISC for the actual value of the prize. Any difference in actual value versus ARV will not be awarded to any winner.

By agreeing to accept a US $500 Visa gift card, you agree to release, discharge, indemnify and hold harmless AccuRadio LLC and its affiliates, employees, officers, directors and members, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the contest and/or your receipt or use of any prize awarded (or items or services purchased with the Visa gift card) due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this contest. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or AccuRadio in connection with the contest, shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Illinois. Any action or litigation concerning this agreement shall take place exclusively in the Federal or state courts sitting in Cook County, Illinois and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this contest, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Illinois. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

To receive the name of the survey promotion winner, send a stamped self- addressed envelope to: AccuRadio Survey Promotion – Winner List, Attn: K. Hanson, 10 W. Hubbard, Suite #5W, Chicago, IL 60654 by May 15, 2019.