98.5 KLUC’s Chet Buchanan & The Morning Zoo “The Surrogate” Casting Call
CASTING CALL RULES
1. HOW TO COMPETE
a. These rules govern the 98.5 KLUC’s Chet Buchanan & The Morning Zoo “The Surrogate” Casting Call (the “Casting Call”), which is being conducted by KLUC (the “Station”). The Casting Call begins on June 2, 2014 and ends on August 8, 2014 (“Casting Call Dates”).
c. Videos must be the entrants’ original, creative work, and must not be protected by copyright; each entrant must have the right to submit it. The video may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights including but not limited to copyrights or trademarks. The essays must not contain copyrighted materials or any other materials that may be restricted, prohibited or outlawed by federal, state or local laws. Station, in its sole discretion, reserves the right to disqualify any entry if such entry’s associated videos contains indecent or otherwise offensive material whose content is deemed at the sole discretion of the Station to be unsuitable for public display, broadcast, or posting on the Station’s website (i.e., entries must be radio clean). Entry Materials that do not comply with these rules will not be eligible for the competition. The Station or CBS Radio may use each video submission in any manner or medium as more fully set forth in the electronic submission release.
d. Only one (1) entry per person is permitted regardless of the method of entry. There will be up to a total of ten (10) semi-finalists, and three (3) finalists selected in the Casting Call. There will be a total of one (1) potential independent contractor (“Independent Contractor”) selected in the Casting Call.
2. ELIGIBILITY RESTRICTIONS
a. The Casting Call is open to all persons who are legal U.S. residents and 18 years of age or older who reside in the Clark & Nye Counties of Nevada. Void where prohibited or restricted by law. Employees, officers, directors and agents of the Station, CBS Radio Inc., their corporate affiliates, Station’s advertising and promotional agencies, participating sponsors, their respective affiliates (collectively, the “Casting Call Entities”) and other radio stations in the Las Vegas metropolitan area, the members of their immediate families (spouse, parent, sibling or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Casting Call is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
b. All Finalists may be required to provide valid government-issued photo identification and provide their complete address, date of birth and phone number. Finalists may be required to sign participant releases. Additional reference material may also be required to be provided by finalists as solely determined by the Station. The Independent Contractor may be required to sign an Independent Contractor Agreement and present valid government-issued photo identification to be offered a Blogging agreement.
c. Each participant is 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.
3. POTENTIAL INDEPENDENT CONTRACT
a. The Independent Contractor shall be the individual determined solely by members of Station’s management to be most deserving of an opportunity to co-host on Chet Buchanan & The Morning Zoo for the Station. The Independent Contractor will be provided the opportunity to enter into a Talent Agreement with Station (the “Agreement”) on terms and conditions as shall be determined by Station, in its sole discretion. The Agreement shall provide for Station’s right, but not obligation, to use the Independent Contractor’s services for on-air content on the Station’s show (“Project”). So long as the Agreement is not terminated for cause by Station, Station shall pay the Independent Contractor $125 for each week of on-air work as well as two thousand five hundred ($2,500) dollars from Dollar Loan Center (less any deductions or withholdings required by law). The Independent Contractor will be solely responsible for all taxes, including self-employment taxes, and all other fees and expenses not specified herein associated with the Agreement and being selected as the Independent Contractor for this Project. The Independent Contractor will be responsible for following all of Station’s digital guidelines and other Station policies as directed by Station management. Selection as an Independent Contractor in no way guarantees future contracts or employment.
b. The Independent Contractor shall not have the right to substitute the opportunity to enter into the Agreement for any other item of value or for the cash equivalent and shall not have the right to transfer or assign the Agreement to any other individual or entity. The Independent Contractor shall not be entitled to anything other than the item(s) listed above and except as expressly specified, shall not be reimbursed in connection with any taxes or expenses associated with being selected as the Independent Contractor and/or entering into the Agreement. Other restrictions may apply.
4. POTENTIAL INDEPENDENT CONTRACTOR SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Casting Call are final.
b. Starting at 6:00am PT on June 23, 2014 through 10:00am PT June 27, 2014, three (3) Station judges will select ten (10) “Semi-Finalists” from all online entries received during the Entry Period based on who they believe, in their sole and absolute discretion, submitted the most interesting, creative, and original Video(s). The Semi-Finalists will be contacted by the Station by phone on June 23, 2014 through June 27, 2014 between 6:00am PT – 10:00am PT. If a potential Finalist cannot be contacted by 10:00am PT by May 27, 2014 or if a Semi-Finalist is found to be ineligible, the Station may, at its sole discretion, select an alternate Semi-Finalist by judging the remaining eligible Video submissions (time permitting).
c. Each Semi-Finalist will be required to do a minimum of one (1) four (4) hour on-air audition between the dates of July 7, 2014 through July 18, 2014. After the on-air auditions of the Semi-Finalists have been completed, three (3) Station judges will select three (3) “Finalists” from all on-air auditions during the Audition Period based on who they believe, in their sole and absolute discretion, delivered the most interesting, creativity, and originality during their auditions.
d. Each Semi-Finalist’s videos(s) may broadcast on the Station and will be posted on the Station’s website at http://www.kluc.com on June 2, 2014 through June 20, 2014. Semi-Finalists will be invited to come to the KLUC studios located at 7255 S. Tenaya Way, Suite 100, Las Vegas, NV 89113 for their on-air auditions July 7, 2014 – July 18, 2014. Semi-Finalists must attend the July 7, 2014 – July 18, 2014 in-Station auditions in order to have a chance to become a potential finalist. Any semi-finalist who is not present on during the audition dates will be disqualified and no alternate finalist will be selected. The finalists must execute and return any required affidavit of eligibility and/or liability/publicity release by 6:00am PT of their audition date, between July 7 through July 18, 2014, before they may participate in the in-studio event.
e. Three (3) finalists will be chosen to do another on-air audition at the KLUC studios located at 7255 S. Tenaya Way, Suite 100, Las Vegas, NV 89113 for their on-air auditions July 21, 2014 – August 1, 2014. Semi-Finalists must attend the July 21, 2014 – August 1, 2014 in-Station auditions in order to have a chance to become a potential Independent Contractor. Any finalist who is not present on during the audition dates will be disqualified and no alternate finalist will be selected.
f. On August 1, 2014 between the hours of 9:00am PT to 10:00am, the Station will select one (1) potential Independent Contractor subject to confirmation of eligibility, from among the three Finalists using the following criteria: (i) the judgment of the judges comprised of up to three (3) Station employees, considering the most interesting, creative and originality. In the event of a tie, the Station judges will vote for their favorite Finalist, based on who they believe, in their sole and absolute discretion, delivered the most creative and original content during their on-air audition.
g. Entrants need not listen to the Station to win. Finalists need not listen to the Station, but must be present for the in-studio interviews on July 7, 2014 through August 1, 2014. The potential Independent Contractor need not listen to the Station or be present to win.
h. If the potential Independent Contractor is ineligible, elects not to enter into the Agreement, fails to comply with the Agreement or is deemed unsuitable by Station to provide Blogger Content for the Station, Station may, but is not obligated to, select an alternative individual to be offered the Agreement.
a. Payments of all federal, state and local taxes are solely the responsibility of the potential Independent Contractor. All amounts paid to the potential Independent Contractor (including lease or cash amounts) will be reported to the IRS. Prior to being offered the opportunity to enter into the Agreement, the potential Independent Contractor will be required to complete and submit any required IRS forms such other paperwork required of Station’s new independent contractors, including without limitation the obligation to provide the potential Independent Contractor’s full Social Security Number.
b. By participating in the Casting Call, each entrant agrees to have his or her name, voice and/or likeness used in any advertising or broadcasting material relating to the Casting Call without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent.
c. As part of the Agreement, Station, in its sole discretion, may require that the potential Independent Contractor agree to release and hold harmless Station, its licensee, the licensee’s parent, subsidiary and affiliated entities, their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns from and against any and all claims or liability arising directly or indirectly from the potential Independent Contractor’s participation in the Casting Call and entering into the Agreement.
d. If for any reason this Casting Call 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 Station that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Casting Call, or if the Casting Call is compromised or becomes technically corrupted in any way, electronically or otherwise, Station reserves the right to cancel, terminate, suspend, or modify the Casting Call. If the Casting Call is terminated before the original end date, Station reserves the right not to select a potential Independent Contractor or to choose, in Station’s sole discretion, the potential Independent Contractor from any of the entrants prior to the termination.
e. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Casting Call administrator’s computer or telephone system is the official time keeping device for this Casting Call. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) 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 or (ii) 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 who it believes is tampering with the entry process or the operation of the Casting Call. Failure to comply with the rules of the Casting Call may result in an entrant’s disqualification. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Casting Call, the Station may disqualify that entrant from entering and/or or continuing in this and any or all future Station-administered Casting Calls and seek damages to the fullest extent permitted by law.
f. Station reserves the right to make changes in the rules of the Casting Call, including, without limitation, providing the potential Independent Contractor with merchandise, services and/or cash of equivalent value to the Agreement, which will become effective upon announcement. If due to circumstances beyond the control of Station, any element of the Casting Call is delayed, rescheduled, postponed or cancelled, Station reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Casting Call and shall not be required to offer any entrant the opportunity to enter into the Agreement or to provide merchandise, services or cash of comparable value.
g. Except where prohibited, by entering the Casting Call, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Casting Call 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”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
h. Station is not responsible for typographical or other errors in the printing, the offering or the administration of the Casting Call or in the announcement of the potential Independent Contractor.
i. For a copy of these Official Rules, send a self-addressed stamped envelope for receipt by August 1, 2014 to “98.5 KLUC’s Chet Buchanan & The Morning Zoo “The Surrogate” – Official Rules,” Attn: Casting Calls, KLUC – 7255 S. Tenaya Way, Suite 100, Las Vegas, NV 89113. The Official Rules and the identity of the potential Independent Contractor (when the Casting Call is completed) shall be available during regular business hours at the main offices of the Station and may be posted online at http://www.kluc.com.
CBS Radio & 98.5 KLUC
Sponsor: KLUC – 7255 S. Tenaya Way, Suite 100, Las Vegas, NV 89113