Terms and conditions

The KIIS CLUB VIPs Service (the "Service"), operated by Frankly Media, Inc., and KIIS-FM (together, Frankly Media, Inc. and KIIS-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, and the forfeiture and relinquishment of all Points you have accrued in the Service. 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 registered users can accrue Points by engaging in certain activities and can redeem Points for certain offers ("Rewards"). Points accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards 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 sweepstake, auction or trade-in. Rewards 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 sweepstake, auction or trade-in.

Eligibility
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are legal residents of Southern California and counties within the radio broadcast signal area (Los Angeles, Orange, Riverside, Ventura, and San Bernardino counties) who are 13 years of age or older, that possess a current and valid social security card. Employees of other Southern California radio stations, employees of sponsors featured in the Service, employees or agents of KIIS-FM, Frankly Media, Inc., and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate. You must have Internet access and a valid email address to participate. If we are repeatedly unable to deliver email to you, your account may be locked or deleted.

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 Points levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the Points required for any Reward; or modify or condition the transferability of Rewards or benefits. 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.

Membership registration
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 your accumulated Points, review the Terms and Conditions as amended from time to time, and review redemption options at http://kiis-fm.listenernetwork.net. The act of registration and participation in the Service by members, winners and qualifiers constitutes permission to KIIS-FM, sponsor, and its agencies to use the member’s name and/or likeness for the purposes of advertising and trade without further compensation.

Account security
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 Points accrued will be forfeited.

Points
To earn Points, you must undertake an activity described in a Service-authorized promotion for earning Points, which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which Points will be awarded in connection with the Service. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion.

Rewards
You may redeem Points accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. Bidding your Points for Rewards in our Auctions will be subject to our rules applicable to such auctions. You also may use your Points to submit Sweepstakes entries, each of which is subject to our rules for sweepstakes. You are required to be 18 years or older to bid in certain auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes entries. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards 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 sweepstake, auction or trade-in. Rewards 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 sweepstake, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. Upon receiving a prize in an auction, sweepstakes, or in some cases trade-ins, a member account will be prohibited from placing an active auction bid, entering a sweepstakes, or redeeming a trade-in for a consecutive 30 day period. All active bids and sweepstakes entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes. Points earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In most cases, you will be required to pick up a Reward at KIIS-FM. When picking up your prize, you must provide a valid driver’s license or a government issued ID card, your social security card and your prize confirmation print out. In addition, you must be prepared to fill out an operator provided W9 tax form before your Reward will be awarded if the Reward is valued over $100. Rewards must be picked up within 30 days of purchase - unless otherwise specified. Rewards not picked up within 30 days from the date of purchase will be forfeited and Points will not be refunded. Rewards winners are responsible for any and all expenses associated with their travel to and from KIIS-FM offices or any other location(s) associated with claiming a Reward. In some cases, Rewards you select may be sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Rewards will only be shipped to locations within the Burbank, CA area. Any rules of the merchants relating to returns and exchanges apply, but no Points will be re-credited to your account. Operators are not responsible for Rewards that are lost, stolen, misdirected, or damaged in the mail process. You are responsible for taxes, if any, due on Points or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or Points under any circumstances.

Games
To play some of the games offered through the Rewards Service (including, but not limited to, scratch and win games, blackjack-style games, and slots-style games), you must submit the required number of Points, at which time the Points will be deducted from your account. The minimum number of Points required for a game play will be determined separately for each game, but typically range from 25 to 5000 Points . Once submitted, your game play cannot be deleted, canceled or modified, except by the Operator. In the event of a dispute as to game play submitted by multiple individuals using the same computer, an entry will be deemed to have been submitted by the authorized registrant of the Rewards Service username and password from which the game play is made. The authorized registrant is deemed to be the natural person who is assigned a username and password, and all decisions regarding the identity of the authorized registrant shall be made by Operator in its sole discretion. You may also participate in games that require points to play through an offline method. No Points are required for an offline play. To play a game offline, you must mail a 3" x 5" card to Frankly Media, Inc., 2110 Powers Ferry Road, Suite 470, Atlanta, GA 30339. Limit one card per outer postmarked envelope. The card must include the following information in legible, hand-printed or typed English: your full legal name, complete home postal address, home telephone number with area code, the user name and email address you entered when you registered for the Service, your age, gender, [insert name of station and/or Rewards Service], and the name of the game you wish to play. Each offline submission will entitle you to the number of Points needed to play the game identified in your offline submission once. Operator will deposit that number of Points into your account, and then you can play the game by submitting those Points in the manner described above. Operator is not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, postage-due or misdirected mail-in entries or game play requests, or for failure to receive online entries or game play requests due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, hardware or software, whether originating with sender or Operator.

Privacy Policy
By participating in the Service, you agree that we may collect and use information about you that you provide to us in accordance with our Privacy Policy. For more information, click here to see our complete privacy policy. By using the Service, you agree to be bound by the terms of our Privacy Policy.

Gaming or Fraud

Gaming, fraud or abuse relating to the accrual of Points or redemption of Rewards may result in forfeiture of accrued Points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points 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. You are not authorized to access any other member’s account for any reason, including but not limited to entering codes or redeeming Points for prizes or awards, even if the other member is a family member. Members must personally enter codes and play the various games and surveys themselves to legally accumulate Points. If we find that an account is being used by anyone other than the member this violation will result in the termination of all violating account(s) and/or forfeiture of all accumulated points/entries with no compensation of any kind. No machines, scripts or automated services may be used to access any part of the Service website, accumulate any Points, bid on prizes and awards, or in any other way participate in the Service. Any attempt to saturate the Service's resources by making continuous automated requests to the system is not permitted, and is grounds for account suspension or termination at the sole discretion of the operators. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO POST ONLINE OR SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR Points THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. 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 Points 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 Points, redemption of Points, and disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of Points, use of Rewards, or other participation in the Service.

Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may remove Points 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.

Indemnity
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.

Miscellaneous
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 Frankly Media, Inc. and/or its licensors, which reserves all rights to such property.