The Stern Show Birthday Message Facebook Contest
These terms and conditions (“Terms”) apply to The Stern Show Birthday Message Facebook
Contest (“Promotion”).
Terms and Conditions
INTERNET ACCESS AND A PUBLIC FACEBOOK ACCOUNT IS REQUIRED. NO
PURCHASE NECESSARY TO PARTICIPATE OR WIN. MAKING A PURCHASE DOES
NOT INCREASE YOUR CHANCES OF WINNING THE PROMOTION. VOID WHERE
PROHIBITED BY LAW. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BY
AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) THAT GOVERN ENTRY
INTO THE PROMOTION. BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO
ABIDE BY THESE TERMS AND THE TERMS OF FACEBOOK. FAILURE TO COMPLY
WITH THESE TERMS OR THE TERMS OF FACEBOOK AND HOWARDSTERN.COM
WILL VOID YOUR ENTRY. OPEN ONLY TO PERMANENT LEGAL RESIDENTS OF THE
UNITED STATES, D.C., AND PUERTO RICO. MUST BE 21 YEARS OF AGE OR OLDER
TO BE ELIGIBLE TO PARTICIPATE. THIS PROMOTION IS GOVERNED BY THE LAWS
OF THE STATE OF NEW YORK AND IS SUBJECT TO ALL APPLICABLE FEDERAL,
STATE AND LOCAL LAWS AND REGULATIONS.
FACEBOOK, INC. AND SIRIUS XM RADIO INC. ARE NOT SPONSORS OF THE
PROMOTION AND ARE NOT ASSOCIATED WITH THE ADMINISTRATION OF THIS
PROMOTION IN ANY WAY. SIRIUS, XM AND ALL RELATED MARKS AND LOGOS
ARE TRADEMARKS OF SIRIUS XM RADIO INC. THE FACEBOOK NAME AND LOGO
ARE TRADEMARKS OF FACEBOOK, INC. IN THE UNITED STATES AND OTHER
COUNTRIES.
SPONSOR: The Promotion is sponsored by The Howard Stern Production Company, Inc.,
located at 1221 Avenue of the Americas, 36th Floor, New York, NY 10020 (“Sponsor”).
ELIGIBILITY: Open only to permanent legal U.S. residents physically residing in the fifty (50)
United States of America, the District of Columbia or Puerto Rico. You (“you” or “Participant”)
must be at least twenty-one (21) years of age or older at the beginning of the Promotion Period
(defined below) to be eligible to participate in the Promotion. Employees of Sponsor and its
parent, affiliates, subsidiaries, and advertising and promotion agencies and any other entity
involved in the development or administration of this Promotion and their immediate family
members or household members are not eligible to participate in or win the Promotion. The
winners and their guests will each be required to sign an Affidavit of Eligibility and Release
(“Affidavit and Release”) and return the completed Affidavits and Releases to the e-mail address
specified in the Affidavit and Release within the designated time frame. All applicable federal,
state and local laws apply.
PROMOTION DESCRIPTION: The Promotion is a Facebook-based contest in which Sponsor
will give away four (4) pairs of tickets (the “Prize”) to attend the “Howard Stern Birthday Bash
Event.” The Promotion begins at 12:00 a.m. Eastern Standard Time (E.S.T.) on January 8, 2014
and ends at 10:00 a.m. E.S.T. on Friday, January 10, 2014 (the “Promotion Period”). The
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Promotion provides entrants with the opportunity win the Prize by posting a personal birthday
photograph or video message to Howard Stern on The Stern Show Facebook Page using a public
Facebook account at the start of the Promotion Period. Four (4) Prize winners will be selected
from a pool of all eligible Entries according to the judging criteria set forth in these Terms. Each
of the four (4) Prize winners will receive two (2) tickets for winner and a guest (both must be
twenty-one (21) years of age or older) to attend the Howard Stern Birthday Bash Event, as more
fully described below.
JUDGING PROCEDURES: Entries will be judged by a panel composed of two (2) individuals
selected by Sponsor who may also be employees and/or agents of Sponsor (the “Judging Panel”).
The Judging Panel’s decisions are final. Entries will be judged by the Judging Panel based on
the following criteria: originality (30%), creativity (30%), adherence to the theme (20%), number
of Facebook “likes” (20%). In the event of a tie, the tied Entries will be re-submitted to the
Judging Panel for a re-judging on the same criteria between the tied Entries alone to resolve the
tie.
HOW TO PARTICIPATE: To participate in the Promotion, during the Promotion Period:
(1) If you have not already done so, please go to the website located at
www.HowardStern.com/HowardBdayBash/ (the “Website”), enter your current
information in all required fields, including your name, valid e-mail address, public social
media handle(s), and click the box to indicate your acceptance to these Terms and click
“Submit”;
(2) Using your personal public Facebook account, visit and “Like” The Stern Show
Facebook Page, accessible at www.facebook.com/thehowardsternshow (“The Stern
Show Facebook Page”); and
(3) During the Promotion Period, (i) make a personal birthday photograph or video message
to Howard Stern (the “Birthday Message”) and (ii) using your personal public Facebook
account, post your Birthday Message on The Stern Show Facebook Page (each, an
“Entry”).
(*You are required to have the explicit permission and consent of any other
individuals in the Birthday Message photograph or video prior to submitting your
Entry.)
The Entry must meet the following “Entry Requirements”: (i) the Entry must be the submitting
entrant’s original, previously unpublished work and not include any material owned or controlled
by third parties (including without limitation, third party copyrighted material), and no
watermarks, signatures or copyright notices may be added to any Entry; (ii) the entrant must
provide upon request all appropriate clearances, permissions and releases for the Entry (in the
event a contestant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s
sole discretion, to disqualify the applicable Entry, or seek to secure the releases and clearances
for Sponsor’s benefit, or allow the applicable Entry to remain in the Promotion); and (iii) the
Entry must not include any content that: (a) is sexually explicit or suggestive, violent or
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derogatory of any ethnic, racial, gender, religious, professional or age group, profane or
pornographic, or describes any materially dangerous activity; (b) promotes illegal drugs or
firearms (or the use of any of the foregoing), or any activities that may appear unsafe or
dangerous, or any particular political agenda or message; (c) is obscene or offensive, or endorses
any form of hate or hate group; (d) defames, misrepresents or contains disparaging remarks
about Sponsor or its products, or other people, products or companies; (e) contains trademarks or
logos owned by others (except trademarks and logos owned by Sponsor), or advertises or
promotes any brand or product of any kind (other than those owned by Sponsor); (f) otherwise
infringes any third party’s intellectual property or privacy rights, or contains any personal
identification, such as license plate numbers, e-mail addresses or street addresses; (g) contains
copyrighted materials owned by others; (h) contains materials embodying the names,
likenesses, photographs, or other indicia identifying any person, living or dead, without
such person’s explicit advance permission; and/or (i) depicts, and cannot itself, be in violation
of any law. Sponsor's determination as to whether any Entry potentially violates the rights of any
third party is final. In Sponsor’s sole discretion, any Entry that does not include all required
information and does not adhere to the foregoing and following requirements, or is otherwise
objectionable, in whole or in part, will be considered void. Further, no entrant will be eligible to
receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant
and their Entry have been or can be sufficiently cleared for legal purposes.
Entries must be received by the end of the Promotion Period to be entered into the Promotion.
No substitutions of new versions of Entries will be accepted under any circumstances once the
original Entry is submitted for consideration.
There is a limit of (1) one Entry per person, per Facebook account during the Promotion
Period. Multiple entries received from any person or e-mail address during each Promotion
Period will be void (regardless of whether one person has more than one e-mail address, or if
more than one person uses the same e-mail address). All entries become the property of Sponsor.
Entries generated by script, macro or other automated means are void. Sponsor expressly
reserves the right to disqualify any entries that it believes in good faith are generated by an
automated program or via scripts. Non-winning entries received during the Promotion Period
will not be entered into subsequent promotions or drawings.
PROMOTION ENTRY PERIOD: The Promotion begins at 12:00 a.m. E.S.T. on January 8,
2014 and ends at 10:00 a.m. E.S.T. on Friday, January 10, 2014. No entries into the Promotion
will be accepted prior to the commencement of or after the conclusion of the Promotion Period.
Sponsor’s computer is the official time-keeping device for the Promotion.
PRIVACY AND COMMUNICATIONS: By entering the Promotion, you agree that your Entry
information and any other information collected in connection with the Promotion by Sponsor
and Sponsor’s agents and representatives may be used by Sponsor for publicity purposes and/or
to contact you regarding the Promotion and in accordance with Sponsor’s Privacy Policy, as the
same may be amended from time to time at http://www.howardstern.com/privacy-policy. If you
wish to restrict Sponsor’s use of your Entry information, you may contact the Sponsor at the
address listed in the “Sponsor” paragraph of these Terms. By entering, you agree to receive
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direct marketing communications from Sponsor and its partners, which can be cancelled or opted
out of by notifying Sponsor at the address listed in the “Sponsor” paragraph of these Terms.
SELECTION OF WINNERS: On or about Monday, January 13, 2014, four (4) Prize winners
will be selected from a pool of all eligible Entries according to the judging criteria set forth in
these Terms.
To be an eligible Entry, the Entry must properly meet the Terms and follow the instructions
provided herein, including, but not limited to, the proper posting of the non-offensive Birthday
Message on The Stern Show Facebook Page and ensuring that the Participant has received the
explicit consent from the individual(s) in the Birthday Message. Sponsor has the absolute and
sole discretion to determine whether an Entry meets these Terms and satisfies the Entry
Requirements.
Non-winning entries received during the Promotion Period will not be entered into subsequent
promotions or drawings. Odds of winning the Promotion depend on the total number of eligible
entries received during the Promotion Period. In the event of a dispute regarding the identity of
the person submitting the Entry, the Entry will be deemed to be submitted by the person in
whose name the e-mail account and/or Facebook account is registered. The Promotion will be
conducted under the supervision of Sponsor. The decisions of Sponsor are final and binding in
all matters relating to this Promotion. The potential winner will be notified via e-mail, direct
message to the potential winner’s Facebook account and/or such other method of notification as
determined by the Sponsor in its sole discretion, and will be required to privately (through direct
message, e-mail, or other secure, private means) provide his/her name, address, age and other
personal information necessary to receive the Prize. The potential winner must claim his/her
Prize by responding to the Prize notification and submitting Affidavits and Releases for the
potential winner and potential winner’s guest within three (3) days after the date of the
Prize notification. A potential winner’s failure to respond to the Prize notification within the
specified time period, or failure to timely submit the required Affidavits and Releases, will be
considered a forfeiture of the Prize and an alternate potential winner may be selected from the
pool of eligible Entries. Sponsor shall have no responsibility or obligation to a winner or
potential winner who is unable to accept or utilize the Prize as described herein. Each potential
winner must be available to travel, at his/her own expense, to the location where the “Howard
Stern Birthday Bash Event” is hosted. Prize notifications will contain the expected location and
time of the Howard Stern Birthday Bash Event. All locations and times are subject to change at
any time and for any reason, and are not within the control of Sponsor. Sponsor is not
responsible for any changes to Prize location, venue or times.
A winner can only win one Prize. If a winner is awarded the Prize, that winner is automatically
disqualified from winning any other prizes in connection with any promotions sponsored by
Sponsor for the 2014 Howard Stern Birthday Bash.
Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition
to those other rights reserved herein, to modify and date(s) or deadline(s) set forth in these Terms
or otherwise governing the Promotion. Sponsor cannot accurately predict the number of entrants
who will participate in the Promotion.
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PRIZE DETAILS:
Prize: Each Prize winner will receive admission for two (2) individuals (Prize winner and a guest)
to attend the Howard Stern Birthday Bash Event (the “Prize”) (Approximate Retail Value: $100).
Both winner and his/her guest must be twenty-one (21) years old or older. Upon the Prize winner
and winner’s guest timely submitting the completed Affidavits and Releases to Sponsor, Sponsor
will provide the Prize winner with instructions for admittance to the venue in New York, New
York where the Howard Stern Birthday Bash Event is held.
The Prize winner is responsible for the reporting and payment of all applicable federal, state and
local taxes (including income taxes) associated with the Prize and will and hereby do hold the
Sponsor harmless from liability for failure to timely report and/or pay such taxes. No substitution,
cash redemption or transfer of the Prize is allowed, except at the sole discretion of Sponsor. Prize
winner and their guest are solely responsible for all transportation, meals, lodging, incidentals
and all other costs, expenses or items not specifically awarded in these Terms.
GENERAL CONDITIONS AND RELEASES: Participants may be disqualified from the
Promotion for failing to comply with these Terms or otherwise tampering or acting in a nonsportsmanlike, disruptive, abusive, harassing or threatening manner, as determined in the sole
discretion of Sponsor. Sponsor and its agents, employees, affiliated companies or individuals
(collectively, “Releasees”) shall not be liable for 1) failed, returned or misdirected notifications
based on inaccurate information provided by the winner on the entry form, 2) entries and
responses to potential winner notifications which are lost, late, incomplete, illegible,
unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended
recipient in whole or in part or for computer or technical error of any kind, 3) any electronic
miscommunications or failures, technical hardware or software failures of any kind, lost or
unavailable network connections, or failed incomplete, garbled or delayed computer
transmissions which may limit ability to participate in the Promotion, 4) any technical
malfunctions of the telephone network, computer on-line system, computer equipment, software,
program malfunctions or other failures, delayed computer transactions or network connections
that are human, mechanical or technical in nature, or any combination thereof, including any
injury or damage to your or any other person’s computer related to or resulting from
participating in this Promotion, 5) the unauthorized or illegal access to your personally
identifiable or sensitive information or the awarding, delivery, acceptance, possession, use, or
misuse of the Prize, including without limitation, death and bodily injury, 6) any warranty of
fitness or merchantability of any prize or the function or operation thereof (as all prizes are
provided “as is” without warranty of any kind, either express or implied), 7) cancellation,
postponement, changes in venue or timing of any Prize event, including, but not limited to, the
Howard Stern Birthday Bash Event, or 8) discontinuance or suspension of the Promotion, or any
element of the Promotion, or any element of the Prize, due to any event beyond the control of
Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, work stoppage,
labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil
disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local
government law, order, or regulation, order of any court or jurisdiction, or other cause not
reasonably within such entity’s control. Sponsor does not make any, and hereby disclaims any
and all, representations or warranties of any kind regarding any prize.
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All Entries for the Promotion must be received during the Promotion Period. Proof of submission
of an Entry is not considered proof of delivery or receipt of such Entry. Furthermore, Sponsor
shall have no liability for any Entry that is lost, intercepted or not received by the Sponsor.
Entries submitted in excess of stated per-Promotion entry limits will be void. Use of any
automated system to enter as determined by Sponsor in its sole judgment is prohibited and will
result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more
than the stated maximum number of entries by using multiple/different Facebook accounts,
identities, registrations, or logins, or through any other methods, may void all of that entrant’s
entries and that entrant may be disqualified. Normal Internet access and usage charges imposed
by your online service will apply. If you post updates to or receive updates from Facebook from
your wireless phone, such activity will be subject to the charges pursuant to your wireless service
provider’s rate plan. You further understand that by participating in a Promotion via mobile
phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will
be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult
your wireless service provider for more information. All terms and conditions of Facebook.com
apply. Entrants are not permitted to share the same Facebook account. In event of a dispute
regarding the identity of the person submitting an Entry, the Entry will be deemed to be
submitted by the natural person who is the “authorized account holder” assigned by Facebook to
the Facebook account in question. It is your sole responsibility to notify the Sponsor in writing if
you change your Facebook account.
By participating in the Promotion, you agree to release and hold harmless Facebook, Inc. and the
Releasees from any damage, injury, death, loss, claim, action, demand, or other liability
(collectively, “Claims”) that may arise from your acceptance, possession and/or use of any prize
or participation in this Promotion or redemption of the Prize, regardless of whether such Claims,
or knowledge of the facts constituting such Claims, exist at the time of Entry or arise at any time
thereafter. Any person attempting to defraud or in any way tamper with this Promotion will be
ineligible for the Prize and may be prosecuted to the full extent of the law. Sponsor reserves the
right, in its sole discretion, to cancel or suspend this Promotion should viruses, bugs or other
causes beyond its control corrupt the administration, security or proper play of the Promotion.
Sponsor may, in its sole determination, cancel or modify any aspect of the Promotion or Terms
for any reason which Sponsor, in its sole opinion, deems affects the promotion, execution or
administration of the Promotion (whether tampering, technical or human error, application of
new or existing laws/regulations, or other issues). In the event of cancellation or suspension,
Sponsor shall promptly post a notice to such effect. This Promotion shall be governed by New
York law. By participating in this Promotion, you agree that New York courts shall have
exclusive jurisdiction over any dispute or litigation arising from or relating to this Promotion and
that venue shall be only in New York, New York.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY AND ALL
RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF
CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.”
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In connection with such waiver and relinquishment, you acknowledge that you are aware that
you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or
different from those which you now know or believe to be true, with respect to the matters
released herein; nevertheless, it is your intention to fully and finally and forever settle and release
all such matters and claims relative thereto, which do not exist, may exist or heretofore have
existed between yourself and Releasees. The release herein given shall be and remain in effect as
a full and complete release of such claims and matters notwithstanding the discovery or existence
of any such additional or different claims or facts relative thereto.
Except where prohibited by applicable law, your entry into the Promotion constitutes your
permission to use your name, photograph, likeness, voice, address (city and state), biographical
information, the entry, any written and/or oral statements or testimonials in any and all media
without limitation, in perpetuity, in any manner Sponsor deems appropriate for publicity
purposes without any compensation. You shall have no right of approval and no claim (including,
without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising
out of any use, blurring, alteration, or use in composite form of your name, picture, likeness,
address (city and state), biographical information, statements or Entry.
This Promotion is in no way sponsored, endorsed, administered by or associated with Facebook,
Inc. or Sirius XM Radio Inc. You understand that you are providing your information to Sponsor
and not to Facebook, Inc. or Sirius XM Radio Inc. The Facebook name and logo are trademarks
of Facebook, Inc. in the United States and other countries.
COPY OF WINNERS’ LIST OR TERMS: To receive a winner’s list or a copy of these Terms,
send a self-addressed stamped envelope to Promotion Prize Fulfillment, The Howard Stern Show,
attn.: The Stern Show Birthday Message Facebook Contest, 1221 Avenue of the Americas, 36th
Floor, New York, NY 10020 or e-mail [email protected] before July 27, 2014, and
specify “Winner’s List” or “Terms” and the name of the Promotion (VT residents need not affix
return postage).
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