South Central Fined $8K Over 'Forgotten Contest'

The FCC has  sent a Notice of Apparent Liability for Forfeiture (NAL) to  South Central Communications Corporation (South Central) in the amount of $8000 for contest violations

South Central is licensee of AC WIKY 104.1 FM and Classic Rock WABX 107.5 FM, both in Evansville, Indiana; Country WLFW 93.5 FM The Wolf, Chandler, IN and Top40 WSTO 96.1 FM HOT 96, Owensboro, Kentucky.

According to the FCC, the stations apparently willfully violated Section 73.1216 of the Commission’s rules by failing to conduct a contest substantially as announced, including undue delay in concluding the contest, and by failing to fully and accurately disclose the material terms of the contest.

It seems the Commission received a complaint alleging that South Central invited listeners to participate in a golf contest entitled “Par 3 Shoot Out” Contest, but that it did not conduct the Contest substantially as announced or advertised.

The Complaint alleges that at least one participant and “weekly winner” in the Contest did not receive the promised prize of a Victoria National Golf Club hat, nor was the contestant placed in a drawing to win a Lexus or other prizes as promised in the Contest’s official rules.

South Central aired related promotional announcements on all of the Stations but notes that it conducted the Contest entirely online. The company also notes that instead of conducting the Contest through its promotions department, which was its usual practice, it conducted the Contest through its interactive sales department.

The Contest was to be conducted in two phases.  The first phase was intended to consist of an 18-week, online golf competition, scheduled to begin on June 26, 2008, and end on October 30, 2008.3  During this phase, a prize consisting of a hat from the Victoria National Golf Club was to be awarded to the contestant who achieved the best score each week.  Each such weekly online winner, plus one write-in contestant, would then be eligible to participate in the second phase of the Contest, originally scheduled for early November 2008.

In the second phase, the remaining contestants were to participate in an actual golf competition in which each “finalist” would have one shot at a par three hole.  The finalist that hit a golf ball closest to the pin would win a $350 gift certificate to a golf store.  In addition, any finalist that hit a hole-in-one would be awarded a Lexus automobile.

South Central acknowledges the second phase of the Contest was postponed in November 2008, initially due to inclement weather.  South Central states that it subsequently terminated the employee administering the Contest and then “simply forgot” about the Contest.

South Central states that receiving the LOI reminded it of this inadvertent oversight,11 and it subsequently resumed the final phase of the Contest.

However, South Central changed the Contest rules to exclude professional golfers and club pros “in the interest of fairness,” although no one was actually declared ineligible as a result of this modification. South Central also states that it completed the second phase of the Contest on January 19, 2010, and that because of the delay, it awarded additional prizes to each finalist.