Terms and conditions
The Listener Advisory Board (LAB) Service (the “Service”), operated by WXPK-FM and Triton Loyalty (together, Triton Loyalty and WXPK-FM are referred to as “we”, “us” or “our”) is provided to you (“you,” “your” or “User”) under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the “Terms and Conditions”). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.
Description of the Service
The Service is a program where users can register to receive email newsletters, enter contests, and participate in a variety of other’ members-only’ activities. Some Contests provided through the Service are promoted regionally or nationally to users of other services. Contests that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type ‘L’ on the page displaying the material terms for that contest. Contests promoted and accessible to users in multiple Services within this market or across multiple markets are noted as such by display of the reward type ‘MM’ on the page displaying the material terms for that contest.
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are residents of NY, NJ, or CT, and who are 18 years of age or older. Employees or agents of WXPK-FM, Triton Loyalty, and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate.
Reservation of Rights
The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the email newsletters or contests offered, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any contest or modify or condition the transferability of a prize offered in a contest. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household. If you are 13 years of age or under you can not post information about yourself on the website or complete the registration process. You can, among other things, review the Terms and Conditions as amended from time to time, and review member options at http://wxpk.listenernetwork.com.
You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your contest entries will be forfeited and your email subscriptions cancelled.
You may enter contests available through the service, provided that your account is in good standing. Entering a contest is subject to the individual rules for each individual contest, which may be found on the contest entry page. You may be required to be 18 years or 21 years or older to enter certain contests. Some contests provided through the Service are promoted regionally or nationally to users of other services. Contests that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type ‘L’ on the page displaying the material terms for that contest. Contests promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type ‘MM’ on the page displaying the material terms for that contest. In these cases, users of other services in multiple cities will have the ability to participate in contests available through the Service, which in turn may further reduce the odds of winning a contest offered to you through the Service. Upon receiving a prize in a contest, a member account will be prohibited from submitting an entry for a contest for a consecutive 60 day period. All entries will remain active and eligible for winning the prize until the contest entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of a prize being awarded in a contest. Some contests have limited availability and all contests are subject to availability and other terms and conditions. Dependent upon availability, we may substitute prizes of greater or equal value. In some cases, prizes you win in a contest are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Prizes will only be shipped to locations within the Westchester, NY area. Any rules of the merchants relating to returns and exchanges apply. You are responsible for taxes, if any, due on prizes won. We reserve the right to modify or cancel any prize offering at any time. Prizes won are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, or other prizes, under any circumstances.
Gaming or Fraud
Gaming, fraud or abuse relating to entering contests may result in forfeiture of your entries as well as the termination of your account. You are solely responsible for any fraudulent use of your account that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service or accumulate any contest entries. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER’S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO COMPLETING SURVEYS, OR ENTERING CONTESTS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS INFORMATION THAT CAN BE USED TO ENTER A CONTEST. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING CONTEST ENTRIES FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
LIMITATION OF LIABILITY, INDEMNITY AND RELEASE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY’S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of contest entries, and disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding your participation in the Service.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove contest entries from your account as a penalty, terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts or choice of laws rules (whether of Georgia or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Triton Loyalty and/or its licensors, which reserves all rights to such property.