106.9 The Point's "Point to Your Dreams" Program

TERMS & CONDITIONS

1.   Details.  KHPT-FM is asking listeners to submit an essay of 50-words or less describing a dream that they would like to have fulfilled, either for themselves or for another person, family or organization.  KHPT-FM will review all essays submitted and will select, in its sole discretion, and in accordance with the selection process described below, the four (4) essays per weekday during the Program that it finds most compelling and that describe dreams that KHPT-FM believes it reasonably can fulfill.  The selected participants must then call in to the station when their names are announced on air, as described in greater detail in Paragraph 5, below.  

2.   Eligibility. KHPT-FM 106.9 The Point's "Point to Your Dreams" Program (the "Program") is open only to persons who are 18 years of age or older at the time of submitting an essay. In addition, you must be a legal U.S. residents residing in the State of Texas to submit an essay and/or to receive any benefit from KHPT-FM as a beneficiary of a selected “dream.” Employees of, 106.9 The Point, Cox Radio, Inc., and each of their respective affiliated companies, subsidiaries, advertising or promotional agencies, and other agents, and the immediate family members of, and any persons domiciled with such employees, are not eligible to submit an essay or to receive any benefit from KHPT-FM as part of the Program.

3.   Submission of Essays. Listeners will be able to submit essays beginning at 7:00 a.m. (C.T.) on March 29th, 2008 and all essays must be received by 5:00 p.m. (C.T.) on May 28th 2008 (the 'Entry Period'). Essays must be 50-words or less and must describe a dream that the listener would like to have fulfilled, either for themselves or for another person, family or organization.  By submitting an essay you agree to be added to the distribution list for the 106.9 The Point 'Straight to the Point' email newsletter. Your information, however, will not be shared with any outside/third party, and you will be able to opt-out of receiving the newsletter at any time in the future simply by following the unsubscribe instructions contained in the email newsletter.  Essays can be submitted in the following four ways:

All essays must be legible and written in English.  KHPT-FM will begin reviewing submissions and selecting dreams for potential fulfillment on April 1, 2008 and will continue to review submissions and select essays for potential fulfillment until the end of the Entry Period (i.e., May 28, 2008) or such time as KHPT-FM has exhausted its allotted funding for the Program, whichever is earlier.  Distribution of funds by KHPT-FM will vary for each dream, depending on the nature of the request(s).  If the selection process ends prior to the expiration of the Entry Period due to exhaustion of allotted funds, KHPT-FM will announce the end of the Program on air and via any other media through which the Program was advertised. KHPT-FM reserves the right to extend the dates of the contest. No more than one (1) entry per person is permitted.  Multiple essays submitted by the same person will be disqualified.  KHPT-FM will not review, and will not be responsible for, incomplete, lost, late, postage-due, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender or Sponsor. In the event of a dispute, all online entries will be deemed to have been submitted by the holder of the email account identified in the entry materials. For theses purposes, an email account holder shall mean the natural person assigned to such email account by the Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with such email account. Any questions regarding the number of entries submitted or the holder of an email account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes.

4.   Station’s Rights.  All submissions will become the property of KHPT-FM and will not be returned.  By submitting an essay, you acknowledge and agree that KHPT-FM shall have the right to read your essay on the air and to otherwise publish, broadcast, reproduce, or use your essay and your name in any manner and in any media whatsoever for promotional purposes without limitation or compensation to you.  With the exception of persons and/or families who have submitted letters on their own behalf, KHPT-FM will not announce, publish, broadcast, or otherwise disclose the full names of any persons and/or families on whose behalf an essay is submitted, unless such persons and/or families have given KHPT-FM permission to announce, publish, broadcast, or otherwise use or disclose their names.

5.   Selection of Essays/Dream Fulfillment.  Judges designated by KHPT-FM will review submissions and will select up to four (4) essays per weekday during the Program.  Selection will be based on the essays that the judges find most compelling and that describe dreams that KHPT-FM believes it can reasonably fulfill. The selected participants will have their names announced on-air.  If you have submitted an essay, you must listen for your name and dream to be called out live on 106.9 The Point as a dream selected for fulfillment. The announcement of selected essays will happen once per hour at  7:15 a.m., 9:15 a.m., 2:15 p.m., and 5:15 p.m. (C.T.) hours each weekday from April 7, 2008 through the end of the Program. If you hear your name announced, you will have 10 (ten) minutes to call 713-390-1069 and be declared an official recipient of a “dream” fulfillment in the Program. If a person whose name is announced on-air does not call back within the 10 (ten) minute timeframe that person’s dream will not be fulfilled and no substitute or alternative recipient will be selected in his or her place; provided that, at KHPT-FM’s discretion, people whose names are announced but who don't call back within the initial 10-minute timeframe may have their names announced again at a later time during the Program at which point they will have another opportunity to call in and receive fulfillment of their stated “dream.” Decisions regarding the selection of essays and the fulfillment of dreams will be made by KHPT-FM and the designated Judges in their sole discretion. Fulfillment of any dream for, and/or the award of any benefit to, any third party beneficiary named in a participant’s essay is subject to the beneficiary’s completion of a liability and publicity release. Fulfillment of a dream for, and/or the award of any benefit to, a minor is subject to the completion of a liability and publicity release by such minor’s parent or legal guardian. Selected beneficiaries may elect not to receive any benefits from the KHPT-FM. Benefits awarded to any beneficiary are not assignable or transferable. The nature of the benefits that will be conferred by KHPT-FM as part of the Program will vary depending on the essays received from participants. The decisions of KHPT-FM and its designated Judges regarding the selection of beneficiaries, fulfillment of wishes, and all other aspects of the Program shall be final and binding in all respects. The odds that any participant’s essay will be selected for fulfillment depend on the number of eligible essays received. In most cases, selected participants who call in and qualify to have their “dream” fulfilled will receive a check for the amount of money KHPT-FM can contribute toward the fulfillment of their “dream.” However, KHPT-FM reserves the right to fulfill selected “dreams” with awards of products, services and/or cash. Distribution of funds by KHPT-FM will vary for each dream, depending on the nature of the request(s). The minimum amount provided by KHPT-FM for the fulfillment of each “dream” will be $200, and the maximum amount that will be provided by KHPT-FM is $5,000; provided that KHPT-FM reserves the right to increase the maximum value for a particular fulfillment, in its sole discretion, if circumstances permit. KHPT-FM reserves the right to select for fulfillment dreams that cannot be completely fulfilled by KHPT-FM, in which case KHPT-FM reserves the right to make a contribution with a value of $5,000 or less toward the fulfillment of those dreams. Selected beneficiaries will be required to come to KHPT-FM’s offices (within a date range designated by KHPT-FM and communicated to each beneficiary) to complete necessary forms and receive fulfillment of their “dream.” Program beneficiaries must bring with them a current Texas Driver’s License or Texas photo ID as well as a Social Security card.

6. Participation. By participating, you agree to be bound by these Program Terms and Conditions and the decisions of KHPT-FM and the Judges. KHPT-FM reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Program as solely determined by KHPT-FM. In the event the Program is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of KHPT-FM, which corrupts or impairs the administration, security, fairness or proper operation of the Program, KHPT-FM reserves the right in its sole discretion to suspend, modify or terminate the Program. Should the Program be terminated prior to the stated expiration date, KHPT-FM reserves the right to fulfill dreams based on essays received before the termination date.

7. Limitations of Liability. By participating in the Program, you agree that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Program, or any benefits distributed in connection with the Program, shall be resolved individually without resort to any form of class action, and you waive your right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program, but in no event attorneys' fees; and (3) under no circumstances will any participant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

8. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any participant or beneficiary and KHPT-FM, shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of Texas, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Texas. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

9. General Release. By participating in the Program, you release KHPT-FM 106.9 The Point, Cox Radio, Inc., any other promotional sponsors, and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Program or with the acceptance, possession or use of any benefit provided by KHPT-FM hereunder (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).