Terms of Service
Acceptance of Terms
98.3 The Penguin has the exclusive right to control the accessibility, hours of use, and the features on the Site. 98.3 The Penguin can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. 98.3 The Penguin reserves the right to monitor use of the Site.
User is solely responsible for providing the equipment used to access the Site, including all computer equipment, remote communications equipment, telephone or other equipment.
Copyrights and Trademarks
All content on the Site (with the exception of content that may be provided by 98.3 The Penguin’s third party content providers or materials submitted by Users) is the copyrighted property of 98.3 The Penguin. Other than the download to the viewer’s computer that is inherent in viewing a web page, Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another site, or distributed in any way without the prior written consent of 98.3 The Penguin. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the Site. Any third party trademarks and content appearing on the Site are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owners.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Use any device or other means to harvest information about other Users.
Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User’s or 98.3 The Penguin employee’s computer or other medium used to access the Site.
Submit any material to the Site that is offensive to any other User. 98.3 The Penguin maintains the exclusive right to determine what is offensive.
Submit to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
Modify the information, including headers, found on the Site.
Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
Engage in any action which 98.3 The Penguin determines is detrimental to the use and enjoyment of the Site.
Use the Site for any unlawful or defamatory means.
Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
Disclaimer and Limitation of Liability
Although 98.3 The Penguin has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER 98.3 THE PENGUIN NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM THE USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF 98.3 THE PENGUIN, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. 98.3 THE PENGUIN IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL 98.3 THE PENGUIN OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL 98.3 THE PENGUIN OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Third Party Content
98.3 The Penguin is not the publisher or speaker of any information on the Site that is provided by third party content providers or by Users, and 98.3 The Penguin is not liable for any claims related to that information. Any mention on the Site of products or services provided by third parties, including any advertisement found on the Site, is for informational purposes only and constitutes neither an endorsement nor a recommendation by 98.3 The Penguin. 98.3 The Penguin assumes no responsibility for those advertisements, products or services. Any dealings among any User and any third parties mentioned on or found through the Site (including through classified advertising) are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings.
98.3 THE PENGUIN MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY AN ADVERTISER, THIRD PARTY CONTENT PROVIDER TO USER VIA THIS SITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION ON ANOTHER SITE. ADDITIONALLY, 98.3 THE PENGUIN DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
User agrees to defend, indemnify and otherwise hold harmless 98.3 The Penguin and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User’s use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. 98.3 The Penguin will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Official Contest Rules
1. Winners will be drawn at random or by contestant call-in participation during on-air
2. Odds of winning depend on the number of entries.
3. No purchase is necessary.
4. Contestants must be legal U.S. residents.
5. Contestants must be at least 18 years old.
6. Present and past employees of 98.3 The Penguin and its affiliates, along with family members and employees of other radio or television stations may not win any contest associated with 98.3 The Penguin. 98.3 The Penguin reserves the right to revoke any prize if the contestant does not meet any or all of the eligibility requirements, or if entry coupon or winning ticket has been damaged or altered.
7. All 98.3 The Penguin contestants, on or off air, are limited to one winner per household (persons living at the same address) or immediate family per sixty (60) day period for all prizes having a total value of $100.00 or less; limited to one winner per household (persons living at the same address) or immediate family per one hundred twenty (120) day period for all prizes having a total value of $101 – $999; limited to one winner per household (persons living at the same address) or immediate family per one hundred eighty (180) day period for all prizes having a total value of $1000 or more.
8. 98.3 The Penguin reserves the right to disqualify any entry or revoke any prize if the contestant does not meet any or all of the eligibility requirements.
9. 98.3 The Penguin and its sponsors are not responsible for late, lost, damaged, incomplete, misdirected, illegible or mutilated entries.
10. No substitution or other consideration for the stated prize may be claimed. However, 98.3 The Penguin reserves the right to substitute a prize of similar value at its sole discretion in the event of unavailability of a prize. All items won must be claimed within thirty (30) days of winning and must be claimed between 9AM and 5PM, Monday through Friday (except holidays) at 98.3 The Penguin’s office. Any item or prize with a weekend expiration date not claimed at 98.3 The Penguin’s office by 5PM on the Friday preceding the weekend expiration date will be forfeited with no compensation.
11. Prizes valued at less than $25.00 may (at the winner’s request) be mailed using first class U.S. Postal Service mail. 98.3 The Penguin is not responsible for problems occurring within the postal system which may affect winner’s receipt of prizes.
12. An IRS 1099-MISC form will be completed and filed with the Internal Revenue Service for every prize (or combination of winnings) valued at $600 or more during the calendar year. All local, state and federal taxes are the sole responsibility of the winner. Winning contestants must show proof of Social Security numbers to 98.3 The Penguin for any prize. This is for tax recording purposes only, and will not be used or released for any other purpose.
13. 98.3 The Penguin is not responsible for any failure of communications, failure of the Internet or its web sites, or allegation of telephone difficulties. In the case of a dispute over telephone lines, the decision of 98.3 The Penguin is final. In the event that two telephone lines are tied together during a phone contest, the entire phone call will be disqualified and another phone call will be taken. 98.3 The Penguin cannot award duplicate prizes to both parties in a “tied together” situation. An example of a “tied together” call may be two telephone calls originating from the same location or residence or a party line.
14. All winning contestants are required to acknowledge these contest rules either by signing a 98.3 The Penguin winner release form, or by acceptance of a prize by mail if the prize is not picked up at the offices as stated above.
15. All prizes are described by 98.3 The Penguin either on the air, online or via signage at off-air events. Each prize has a predetermined value which is not negotiable. As a condition of winning a prize, a winner acknowledges that 98.3 The Penguin reserves the right to broadcast their name and voice and to use their likeness or photo to promote the contest.
16. As a condition of accepting a prize, winner acknowledges that 98.3 The Penguin is not responsible for any harm, injury, or damage caused to any person or property, proximate or otherwise, through the use of any prize by any person, and agrees to save and hold harmless 98.3 The Penguin, its principals and employees from any claim of such responsibility. “Harm, injury, or damage” includes but is not limited to occurrences beyond the control of 98.3 The Penguin such as bodily injury or theft, expiration of an item or a prize, and cancellation or alteration of an event.
17. Additional rules pertaining to specific contests may supplement or supersede these rules.
98.3 The Penguin honors the intellectual property rights of others and asks the same of Users of the Site. 98.3 The Penguin may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide 98.3 The Penguin with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 98.3 The Penguin to identify the material;
Information that is reasonably sufficient to permit 98.3 The Penguin to contact the complaining party, such as address, telephone number and, if available, e-mail address;
A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
98.3 The Penguin can be contacted at:
1410 Commonwealth Dr., Suite 102A
Wilmington, NC 28403