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KZRG Official Contest Rules Disclosure

Official Contest/Promotion Rules

By participating in a contest on a station within the Zimmer Marketing family of stations, including Kissin 92.5, KSYN-FM, KIX 102.5, KIXQ-FM, Big Dog 97.9, KXDG-FM, Classic Hits 93.9, KJMK-FM, AM1230 The Talker, KZYM-AM and NewsTalk KZRG, KZRG-AM, K275BD and K290CO and/or its website(s) (https://ksyn925.com/, https://www.kix1025.com/, https://www.bigdog979.com/, https://939classichits.com/, https://1230thetalker.com/ and https://www.newstalkkzrg.com/) entrants agree to the specific rules, terms and conditions provided for that particular contest as stated, either in addition to or in place of the Official General Contest Rules given here.

ELIGIBILITY AND ODDS OF WINNING:

No purchases necessary to enter. Purchase will not improve chances of winning. Contests are open to legal residents of the United States who are 18 years of age or older (unless otherwise specified), except employees of the stations of Zimmer Marketing, affiliates, subsidiaries, and successor companies, contest sponsors, advertising and promotion agencies, contest prize suppliers, participating advertisers and immediate family members of anyone so situated. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, and any other persons residing at the same household location, whether or not related. If minors are permitted to participate in the contest, a parent or guardian of any participant who is a minor at the time of entry must sign a release on behalf of the minor to be eligible to receive a prize, and the stations of Zimmer Marketing reserves the right to refuse to award a prize to or on behalf of a minor. The stations of Zimmer Marketing contests are open to residents of Jasper, Newton, McDonald, Barton, Vernon, Lawrence, Barry and Dade counties in Missouri. Cherokee, Crawford, Bourbon, Neosho, Labette counties in Kansas. Ottawa, Craig and Delaware counties in Oklahoma. Contests are not available to users located in the European Economic Area.

HOW TO ENTER:

Except as otherwise provided in specific contest rules, entries may be submitted by telephone, fax, postal mail, email, or via the above listed station website(s). Contest entries must include entrant’s name, address, daytime telephone numbers and age. All contest entries become the property of the stations of Zimmer Marketing, and the stations of Zimmer Marketing may use any of the entries for any purpose whatsoever, without further compensation to the entrant. WARNING: Contests heard on the radio station’s Internet audio stream are slightly delayed from the time the contests heard on the broadcast station, and will be running behind the broadcast signal. Thus, all contests heard are delayed. This delay may last up to several minutes. This means that when the broadcast station announces the cue to call for a contest, listeners to the online audio stream will be at a greater disadvantage in participating over those listeners who hear the contests on a conventional FM radio.

RESTRICTIONS AND LIMITATION OF LIABILITY:

One entry per person, unless otherwise specified. One winner per household, unless otherwise specified. Void where prohibited by law. Listeners may only win or qualify to win once every thirty (30) days, unless otherwise specified. the stations of Zimmer Marketing reserves the right to extend the thirty (30) day rule to the length of any specific contest. the stations of Zimmer Marketing reserves the right to cancel, terminate or modify the contest if it is not capable of completion as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any kind. The decision of the stations of Zimmer Marketing is final. All federal, state and local laws and regulations apply. The stations of Zimmer Marketing. their subsidiaries and affiliates, their officers, directors, agents, stockholders, insurers, and employees, and their advertising and promotional agencies and sponsors assume no responsibility or liability whatsoever for damages, loss or injury resulting from participating in any contest or acceptance or use of any prize. In consideration of participation in a contest, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Entrant, on Entrant’s behalf, and on behalf of Entrant’s heirs, successors or assigns, administrators and personal representatives, does hereby COVENANT NOT TO SUE, FULLY RELEASE AND FOREVER DISCHARGE (i) Zimmer Marketing, (ii) Zimmer Radio, Inc and each of their respective direct and indirect subsidiaries, affiliates, partners and related entities, (iii) each of their respective directors, officers, employees, agents, insurers, attorneys, shareholders and representatives, and (iv) each predecessor, successor, and assign thereof, from and against any and all actions, charges, claims, losses, costs, damages, expenses (including attorneys’ fees and expenses) and liabilities of any kind or character, whether known or unknown, in connection with, arising out of or in any way related to Entrant’s participation in any contest.

a. Telephone Entries. If a contest accepts telephone entries, the stations of Zimmer Marketing and sponsors are not responsible for the inability of caller to complete the call during the call-in portion of the contest whether due to telephone equipment malfunctions; disconnections; busy lines; faulty, mistranscribed, misdirected, or misdialed telephone communications; or other circumstances. Only calls to the designated telephone number will be eligible to win. In the event a caller is disconnected or is found to be ineligible, the next eligible caller that successfully makes it through on the call-in line and completes their call will be a winner. For a Contest that requires any one or more selected Entrant(s) to listen for their name to be announced on-air as a potential winner, (i) only the actual person who entered can win (or was deemed to have entered in the case of certain social network Contests or Club Contests) and must be the person who calls in (persons having the same name will be disqualified if not the actual Entrant), and (ii) the selected Entrant must only call the announced station phone number, which call must be received and answered by the Station within the exact period of time announced.

b. Fax and Mail Entries. If a contest accepts fax or mail entries (postal or electronic), the stations of Zimmer Marketing and its sponsors are not responsible for the late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries for any reason, including electronic or computer malfunctions that may affect the delivery or content of the entry, nor are they liable for any injury or damage to entrant’s or any other person’s computer or hardware related to or resulting from participating in or downloading any information necessary to participate in the contest.

c. Web Site Entries. In the event a contest accepts website entries, participants must accurately complete all required fields or entry will be deemed invalid. The stations of Zimmer Marketing and its sponsors shall have no liability for any malfunction of the Internet, station websites or any other computer-related processor system. Zimmer Marketing is not responsible for any prize offered or any aspect of any contest appearing on an advertiser’s web banner or hyperlink located on any station website. The official station website site URL’S are https://ksyn925.com/, https://www.kix1025.com/, https://www.bigdog979.com/, https://939classichits.com/, https://1230thetalker.com/ and https://www.newstalkkzrg.com/. All other domains are not affiliated with the stations of Zimmer Marketing.

To enter, visit https://www.newstalkkzrg.com/ (the “Website”) (or an alternative website for a particular Contest hereinafter referred to as a “MicroSite”), or the Station’s Facebook Fan Page as instructed by Station, follow the links and instructions to enter the Contest, and complete and submit the online entry form during the Entry Period as announced. The online entry form may require for the Entrant to provide certain required contact information, along with any one or more of the following additional requirements: (i) answering survey questions; (ii) correctly answering trivia questions; (iii) making predictions or guesses with respect to certain upcoming events; and/or (iv) submitting Entrant-generated Content (for essay requirements, see Section 11(h)(i) below; for photo requirements, see Section 11(h)(ii) below; and for video requirements, see Section 11(h)(iii) below).

i. Entrants may be provided with an opportunity to opt-in for membership/participation as part of the entry process or, in the alternative, may be required to become a member/participate in clubs of (for example, email clubs, text clubs, and rewards programs) or to receive solicitations from Station and/or its Sponsors.

ii. Some online Contests may allow Entrants to obtain “extra” entries if they “share” their entry with a friend and that friend validly enters that Contest using the link provided by the Entrant, provided that (i) the total number of “extra” entries can be capped at a maximum number of “extra” entries, as announced by Station, and (ii) if that friend previously entered that Contest through a link from another Entrant, his/her attempt to enter the Contest through subsequent shared links may not constitute a “valid” entry (in which case, subsequent Entrants will not get “extra” entries for that particular friend).

b. Listen for the Keyword/Code Word Online Contests: To enter, listen to the Station for the on-air personality to announce a designated keyword. Upon hearing the announcement, enter by visiting the “Contests” page on the Website, clicking the link for the specific Contest, and complete and submit the online entry form with all required information, including the announced keyword/code word.

c. Twitter Contests: To enter, log in to your existing account, or to sign up for a free account, with the social media network site Twitter, post a Tweet that includes both (1) the unique hashtag for the Contest as designated and announced by the Station and (2) the Station’s Twitter handle. Tweets that include any hashtag other than the designated hashtag, Tweets that include a Twitter handle other than the Station’s verified Twitter handle, and/or Tweets that do not include the designated hashtag for the Contest and/or the Station’s verified Twitter handle will not be accepted for Contest entry.

d. Instagram Contests: To enter, log in to your existing account, or to sign up for a free account, with the social media network site Instagram, (1) post an eligible photo as instructed by Station on Instagram, subject to compliance with the photo requirements in Section 11(h)(ii) below, and (2) include the unique hashtag for the Contest, as designated and announced by the Station. Posts that include any hashtag other than the designated hashtag, and/or posts that do include the designated hashtag for the Contest, will not be accepted for Contest entry.

D. For All On-Site/Entry Box Contests:

i. Entries must be deposited in the official entry box by the announced deadline.

ii. Only official entry blanks that are handwritten are eligible (no mechanical reproductions will be accepted).

iii. Official contest entry blanks are only available at the location of the official entry box, while supplies last.

b. On-Site/Entry Box Enter to Win Contests: To enter, visit the designated event and/or location as specified by Station, during the designated Entry Period, obtain an official entry form (available while supplies last), and legibly complete the entry form by hand writing all required information, which may include without limitation, your first name and last name, complete address, city, state, zip code, phone number (including area code), and email address, and age. Failure to provide all required information may result in disqualification.

PRIZES:

Prizes are specified within individual contest rules. Prizes are non-transferable and non-exchangeable. No substitution or cash equivalent will be made. Zimmer Marketing reserves the right to substitute a prize of equal or greater value if the awarded prize in unavailable for any reason. If tickets to a performance are awarded as a prize, Zimmer Marketing is not responsible for any cancellation or rescheduling of the performance for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the performance not be rescheduled or vouchers not issued. Furthermore, Zimmer Marketing is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.

Any prize involving travel, including without limitation prizes consisting in whole or in part of overnight accommodations and/or travel by air, rail, ship, or motor coach, will be based upon availability and subject to additional terms and restrictions imposed by Station, Contest sponsors, and/or other agents participating in the Contest and/or fulfillment of the prize, including without limitation blackout dates, peak period restrictions, expiration dates, and/or additional age restrictions imposed upon the winner and/or the winner’s guest(s). These restrictions are not subject to negotiation. Winner’s guests may be required to sign one or more liability release agreements before being authorized by Station or its sponsor to be allowed to participate as winner’s guest on a trip. In addition, such winners and guest(s) are required to travel on the same itinerary, to which changes may not be made once booked, and are solely responsible for obtaining any international travel documents, visas or passports that may be required. Reservations are non-transferable and once booked and confirmed may not be rescheduled. Overnight accommodations will consist only of standard double occupancy accommodations, and winner will be solely responsible for all ground transportation, for the purchase of any items of a purely personal nature, for the payment of any incidental expenses, and for the payment of any taxes, charges, and/or fees. Winners may be required to provide a valid credit card to check into the hotel and to cover incidental expenses. Air travel will consist only of round trip coach air transportation to/from a commercial airport in/near the destination city from/to a commercial airport in the greater metropolitan area in which the Station is located, and the winner will be solely responsible for all ground transportation and for the pre-payment of any applicable taxes or airport, baggage, or government fees or charges.

Any prize that is awarded in the form of a gift certificate or gift card, the use and/or redemption of such certificate or card may be subject to additional terms and restrictions, including without limitation expiration date, specific locations at which such certificate or card may be redeemed, may be based on availability and may include black-out periods, restrictions or excluded items (i.e., tax, tips, alcoholic beverage, or goods from a particular manufacturer). Gift certificates are only redeemable at the locations for which they are specified.

Station and Sponsors are not responsible for replacing or reimbursing winners with any form of compensation for flights or events that are canceled, rescheduled or delayed. All cancellations are deemed beyond the control of Station and its sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, as well as all delays or cancellations due to acts of nature, terrorism (including threats), illness or war. Additionally, Station is not responsible for any work stoppage, bankruptcy or other condition beyond Station’s control that may affect Station’s ability to provide any of the prizes. Station is not responsible for any expenses incurred by Contest winners as a result of such cancellations, delays or other circumstances beyond Station’s control. In all instances in which winner has the right to select specific products, the choice or products offered may be limited by the Sponsor or certain specific products or manufacturers may be excluded, and Winner will receive additional information on such restrictions and limitations after they have been awarded the prize

HOW TO CLAIM PRIZE:

Winners will be selected as described in the specific rules of each contest. Winners agree to appear at Zimmer Marketing’s studios to claim the prize, unless alternate arrangements are acceptable to the Zimmer Marketing promotions department. Zimmer Marketing’s address is 2702 32nd Street, Joplin, MO 6404 and prizes may only be claimed between the hours of 8:00a to 5:00p, Monday-Friday (no Holidays). In the event that a prize is mailed to the winner, pursuant to winner’s prior written consent, winner assumes the risk of the prize’s safe arrival. Winners must provide proof of age, photo identification and a valid taxpayer identification number or social security number before any prize will be awarded. The only accepted types of photo identification are government issued photo identifications, including a valid driver’s license or United States passport. Zimmer Marketing reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Zimmer Marketing’s sole discretion. In addition, winners agree to execute an affidavit of eligibility, indemnification and release of liability before any prize is awarded. If the prize is travel tickets, travel partners, if any, must meet age eligibility requirements and must also execute an affidavit of eligibility, indemnification and release of liability prior to awarding the prize. Failure to execute any of these documents or comply with any of the terms will result in forfeiture of the prize. Winners have thirty (30) days from the date their name is first announced on the air, or by other disclosed mode of public dissemination, to claim and pick up their prize. Failure to claim and pick up prize within this time for any reason will result in forfeiture of the prize. Zimmer Marketing reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes. All federal, state and local laws and regulations apply. All federal, state and local taxes (including any sales taxes) are the sole responsibility of the winner. Prior to the delivery of any prize, Zimmer Marketing reserves the right to collect from the winner any taxes it deems appropriate. Any person winning over $600 in prizes during any one year period will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS. Any additional costs relating to the prizes, and incurred as a result of accepting the prizes, is the sole responsibility of the winner.

DISQUALIFICATION AND PENALTIES:

All participants agree to be bound by these rules. Zimmer Marketing, in its sole discretion, further reserves the right to disqualify any person for (i) violating any of these rules, (ii) tampering with the entry process or the operation of the affiliated websites, (iii) gaining an unfair advantage in participating in the contest, (iv) obtaining winner status using fraudulent means, or (v) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior. Furthermore, any resale or auction or attempt to resell or auction of Zimmer Marketing complimentary prizes, if any, will result in disqualification for all future contests held by the stations of Zimmer Marketing. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ZIMMER MARKETING RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.

Failure to comply with the terms and conditions applicable to Contest entry, including without limitation submitting an incomplete or fraudulent entry, and/or failing to complete the entry process, will result in such Entry being disqualified from such Contest. Any individual(s) that is found to be, or suspected of, tampering with a Contest in any way, including without limitation by making a fraudulent entry, by engaging in any “deal-making” with or between other Contest participants or third parties, by creating a public hazard, by cheating, by engaging in improper or illegal activity, by causing interference with or the destruction of property and/or utilized public safety resources will be disqualified from participating and/or winning any prize(s), as applicable, and may be banned from any future participation in any Contest as determined by Station at its sole discretion and on a case-by-case basis.

PUBLICITY RELEASE:

Unless prohibited by law, participation constitutes permission for the stations of Zimmer Marketing and contest sponsors, without any further obligation to the contest participant, to use participant’s name, voice, biographical data and likeness for promotional purposes.

By entering a Contest, Entrants understand that Station staff may choose to comment on, mock, poke fun at, and/or mimic any Entrant’s entry and/or performance. Entrants waive any right to make any claim against Station or any Contest sponsors with respect to any comments, disparaging or otherwise, made regarding such Entrant and/or his/her entry, entry materials, performance, voice, appearance, participation and/or any other information provided or disclosed to Station during the course of a Contest. Further, Entrant acknowledges and agrees that all entries and/or entry materials become the property of the Station and will not be acknowledged or returned.

ADDITIONAL TERMS AND CONDITIONS:

These rules apply to all Zimmer Marketing sponsored contests unless modified or superceded by rules written for a specific contest, or if inapplicable for such a promotion or contest. In the event any specific contest rule conflicts with any of the general rules provided above, the specific contest rules prevail. Zimmer Marketing reserves the right in its sole discretion to supplement or make changes to the rules of any contest at any time without notice. Zimmer Marketing reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants. Zimmer Marketing shall not be responsible for any administrative errors involved in the execution of any contest. The decision of Zimmer Marketing program directors or general manager are final. Copies of the Official Rules for any contest may also be attained by sending a self-addressed stamped envelope with the identity of the contest inquiry to: Zimmer Marketing promotions, 2702 East 32nd Street, Joplin, MO 64804.

Zimmer Marketing Terms of Service

End User Agreement Terms of Service

This service/promotion is offered free of charge to users. Your (“End User”) use of the Service is, however, conditioned upon completion and acceptance of the “End User Agreement” Terms of Service, as well as continued compliance with its provisions. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY INTERACTING WITH THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN.

General

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End User Responsibilities

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Privacy

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Content and Monitoring

Zimmer Marketing has the right, but not the obligation, to monitor and review the content on the Service and End User’s account to determine compliance with the conditions of use and operating rules established by Zimmer Marketing, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If Zimmer Marketing becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of End Users of the Service with law enforcement agencies. End User assumes all risk and liability with respect to use of the Service, including End User’s continued compliance with the End User Agreement. By using the Service, End User irrevocably grants Zimmer Marketing and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify End User. Except as otherwise expressly noted on this site, End User is hereby authorized to use the contents solely for his/her noncommercial, personal use. Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of owner of such material. Copying, redistribution, or publication of copyrighted material, or changes to or deletion of author attribution or copyright notice are prohibited. Downloaded software may not be reverse engineered unless specifically authorized by owner of the software. End User may download public domain content for its own use. End User assumes all risks regarding the determination of whether any content is in public domain.

Third Party Interaction

This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by Zimmer Marketing. Such links do not constitute an endorsement by Zimmer Marketing of those sites. End User agrees that Zimmer Marketing is providing these links to End User only as a convenience, and further agree that Zimmer Marketing is not responsible for the content of such sites. In End User’s use of this site, he/she may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors and other users of this site. Any such correspondence, purchase or participation, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or participation is solely between End User and the applicable third party. End User agrees that Zimmer Marketing has no liability, obligation or responsibility for any such correspondence, purchase or participation between End User and any third party.

Trademarks

Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Zimmer Marketing or other entities. End User is not authorized to use any such marks. Ownership of all such trademarks and other intellectual property remains with Zimmer Marketing or those other entities. No permission is granted to hyperlink other Internet sites with any page in this site. End User agrees not to “frame” or “mirror” any of the contents or pages contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Zimmer Marketing, as applicable. This authorization terminates automatically, without notice to the End User, if he/she breaches any of the Terms of Service.

Disclaimer of Warranty; Limitation of Liability

END USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END USER’S SOLE RISK. NEITHER ZIMMER MARKETING NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER ZIMMER MARKETING NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES. To the maximum extent permitted by applicable law, in no event will Zimmer Marketing, or any person or entity involved in creating, producing or distributing the Service or the content included therein, be liable to End User or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Service. End User hereby acknowledges that the provisions of this section shall apply to all use of and content on the Service. End User acknowledges that the content on the Service, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers. In no event shall Zimmer Marketing’s total liability to End User for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by End User, if any, for accessing the Service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Service and content therein, under any legal theory or cause of action.

Indemnification

End User agrees to indemnify, defend and hold harmless Zimmer Marketing, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys’ fees) arising from End User’s use or any user of End User’s account of the Service or content therein, their violation of the Terms of Service, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.

Miscellaneous

The Terms of Service will inure to the benefit of Zimmer Marketing’s successors and assigns. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Zimmer Marketing. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Zimmer Marketing to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zimmer Marketing in writing. These Terms of Service constitute the entire agreement between End User and Zimmer Marketing with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. Zimmer Marketing can revise these Terms of Service at any time without notice by updating this posting, and End User agrees that their continued use of the Service after such revisions have been posted constitutes their acceptance of such revised Terms of Service. Neither party may assign or transfer this Agreement to any other person or entity without the prior written consent of the other party, (which consent shall not be unreasonably withheld), provided however that Zimmer Marketing may assign the Agreement to another entity: (i) owning a majority of its outstanding stock; (ii) into which it merges, or (iii) which acquires all or substantially all of its assets. The provisions of this Terms of Service are for the benefit of Zimmer Marketing and their contractors, information providers, service providers, licensors, employees, licensees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Any acknowledgment of an e-mail or other communication from End User that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service. Zimmer Marketing may authorize or allow its contractors and other third parties to provide to Zimmer Marketing and/or to End User services necessary or related to making the Service available and to perform obligations and exercise rights of Zimmer Marketing under these Terms of Service. Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service. Zimmer Marketing and/or third parties may from time to time send e-mail messages to End User containing advertisements, promotions and other such information. Zimmer Marketing makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and End User agrees that neither Zimmer Marketing nor such third party shall have any liability with respect thereto. Recognizing the above, End User chooses to voluntarily enter this space and to use the Service and to not hold Zimmer Marketing responsible for any action or inaction on either of their parts. End User chooses to use the service and to abide by the terms and conditions set forth here.

 

Zimmer Marketing Privacy Policy
Zimmer Marketing is committed to keeping all customers’ information confidential and secure. This privacy policy describes KIXQ, KZRG, KJMK, KXDG, KSYN, KZYM privacy practices for our websites located at www.kix1025.com, www.newstalkkzrg.com, www.939classichits.com, www.bigdog979.com, www.ksyn925.com, www1230thetalker.com. By accessing these websites, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Privacy of Children
We do not specifically market to children under the age of 13 years old. We encourage children under the age of 13 to use this site only under the supervision of your parents or guardian. If you are under the age of 13, please do not provide us with any information about yourself.
Information Collection, Use, and Sharing
We have access to collect information that you voluntarily give us via email or any other direct contact from you. We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless you agree to it or if we provide users with advance notice.
We collect information on our users in various ways, including but not limited to the following: through surveys, through voluntary submissions, through promotions, and through “cookies.” When you register on one of our sites, Zimmer Marketing may keep information such as Your Name, Email Address, Telephone Number, Zip Code, and IP address. This information we collect is used to improve our websites and services. From time-to-time our sites may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information such as name and demographic information such as email address, zip code, phone number, age, etc. If you provide us with your e-mail address, or have done so in the past, we may send you e-mail offers, surveys, newsletters or other types of contacts. These are based on information you provided in your membership application, registration forms, in surveys, from information that may indicate purchasing preferences and lifestyle. If you have signed up to receive our e-mails and prefer not to receive marketing information from this site, follow the “unsubscribe” instructions provided on any marketing e-mail you receive from this site
The Zimmer Marketing sites covered by this Privacy Policy sometimes may offer content (e.g., contests, sweepstakes, or promotions) that are sponsored by or cobranded with identified third parties. Information collected by Zimmer Marketing in connection with entering, voting or otherwise participating in any contest, sweepstakes, or promotions, may be shared with sponsors of such contests. By entering, voting or otherwise participating in such contests, you are consenting to us sharing this information with such contest sponsors who may contact you directly. Zimmer Marketing has no control over these third parties’ use of this information.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and to identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
This website uses Google Analytics to help analyze how visitors use this site. Google Analytics uses cookies to collect visitor information in an anonymous way. In Addition, we use Google AdSense Advertising on our website. Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. We have implemented the following: Demographics and Interests Reporting. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
Limitations
In no event shall Zimmer Marketing be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Zimmer Marketing websites, even if Zimmer Marketing or a Zimmer Marketing authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on www.kix1025.com, www.newstalkkzrg.com, www.939classichits.com, www.bigdog979.com, www.ksyn925.com, www1230thetalker.com could include technical, typographical, or photographic errors. Zimmer Marketing does not warrant that any of the materials on its website are accurate, complete or current. Zimmer Marketing may make changes to the materials contained on its website at any time without notice. However, Zimmer Marketing does not make any commitment to update the materials.
Links
Zimmer Marketing. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Zimmer Marketing of the site. Use of any such linked website is at the user’s own risk.
Security
We take precautions to reasonably protect your information. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.
Customer Responsibilities
You are responsible for the security of your login and passwords. Make sure you keep them in a safe place and do not share them with others. Log out after you end your session to ensure others cannot see your account information.
Right to Change Policy
We reserve the right to alter this Privacy Policy at any time without prior notice to any User. We encourage you to review the Privacy Policy each time you visit our site. Your use of our site at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and any changes made to this privacy policy.
Contacting Us
If you have submitted personal information through this website and would like that information deleted from our records, please contact us at the following email address, mark@zrimarketing.com. We will use reasonable efforts to delete your information from our existing files.

 

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