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1. Local Market Sponsors. This local market Home Improvement Month with BHS Retractables (“Sweepstakes”) is sponsored by WGN-TV (the “Station”), 2501 W. Bradley Place, Chicago, IL 60618, and BHS Retractables, 1246 Allanson Road, Mundelein, Illinois 60060 (collectively, the “Local Market Sponsor(s)”). This Sweepstakes is void where taxed, restricted, or prohibited and is subject to all local, state, and federal laws. By entering, each entrant accepts and agrees to be bound by these Official Rules and the decisions of the Local Market Sponsor(s), which shall be final and not subject to appeal.
This Local Market Sweepstakes is being offered in association with the national $5,000 Sweepstakes, which is separately sponsored by Second Street Media Inc. (“Second Street”) and begins at 12:01 AM CST on April 25, 2022. The Second Street Sweepstakes rules are included below for review and acceptance. Note that entering in this Local Market Sweepstakes automatically enters you into the Second Street national Win $5,000 Sweepstakes.
APPLE IS NOT INVOLVED IN ANY WAY IN THIS CONTEST/SWEEPSTAKES. THE SPONSOR(S) IS/ARE SOLELY RESPONSIBLE FOR PROVIDING THE PRIZE(S) LISTED HEREIN. THE PRIZE(S) WON ARE NOT APPLE PRODUCTS, NOR ARE THEY RELATED TO APPLE IN ANY WAY. THE RESPONSIBILITY OF ORGANIZING THIS Sweepstakes AND DISTRIBUTING THE PRIZE(S) ARE THE SPONSORS’ RESPONSIBILITIES. APPLE DOES NOT SPONSOR THIS CONTEST/SWEEPSTAKES IN ANY WAY.
2. Eligibility. No purchase necessary to enter. This Local Market Sweepstakes is open to permanent legal U.S. residents who reside within WGN-TV’s viewing area and who are at least Promotion.MinimumAge years of age at the time of entry. Current or former employees of WGN-TV, Nexstar Media Group, Inc. and its subsidiaries, the other Local Market Sponsors, the other television and radio stations and multichannel video programming distributors in WGN-TV’s viewing area, their parent companies, subsidiaries, affiliates, advertising or promotional agencies (including anyone who prepares and/or distributes Sweepstakes materials), and the immediate family members or persons living in the same household (whether related or not) of all the foregoing are not eligible to participate or win. The term “immediate family members” includes spouses, grandparents, parents, siblings, children and grandchildren.
Participants are eligible to win a WGN-TV contest or sweepstakes only once (1) every 180 days. Only one (1) winner per household is permitted in any contest or sweepstakes. Participants are eligible to win a prize valued at $600.00 or more only once (1) every six (6) months. Text, data, or messaging rates may apply.
3. Entry. This Local Market Sweepstakes will begin accepting entries on Promotion.EntryStartDate Organization.Timezone and ending on Promotion.EntryEndDate Organization.Timezone. To enter the Sweepstakes, entrants must visit Promotion.Url and submit an entry form. Entrants must include their name, phone number and e-mail address, and date of birth in order to enter. Incomplete entries will not be considered. All entries must be complete and received by Promotion.EntryEndDate Organization.Timezone. One (1) entry per person will be accepted.
Local Market Sponsor(s) is/are not responsible for technical or computer, telephone service outages, delays, equipment malfunctions, busy signals, hang-ups, errors or data loss of any kind, lost or unavailable connections, or late, lost, failed, illegible, incomplete, garbled or deleted entries, transmissions, or voicemails or other network or technological difficulties that may prevent an individual from completing his/her telephone call or online entry, or for printing errors in any advertisement, entry form, or the rules.
An entrant may use only one email address to submit entries during the Sweepstakes. If an entrant uses multiple email addresses to submit more than one entry per day, the entrant will be disqualified. For entries submitted online, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning the e-mail address or the domain associated with the submitted e-mail address. Any automated or computer-generated entries, fake or duplicate identities, spam, or improper techniques (as determined by the Sponsor(s)) will be disqualified. Any questions regarding the validity, completeness, or number of entries submitted by an individual or the identity of the authorized account holder of an e-mail address, phone number, or social media profile shall be determined by Sponsor(s) in its/their sole discretion. The Sponsor(s) reserve(s) the right to disqualify any entrant who acts in a disruptive, harassing, vulgar, or unsportsmanlike manner, as determined by the Sponsor(s) in its/their sole discretion.
Entry materials that have been tampered with or altered are void. Any automated or computer-generated entries, fake or duplicate identities, spam, or improper techniques (as determined by Local Market Sponsor(s)) will be disqualified. Any questions regarding the validity, completeness, or number of entries submitted by an individual or the identity of the authorized account holder of an e-mail address, phone number, or social media profile shall be determined by Local Market Sponsor(s) in its/their sole discretion. If the Local Market Sponsor(s) determine(s), in its/their sole discretion, that there is any suspected or actual tampering with the Sweepstakes (electronic or otherwise) or if technical difficulties (e.g. infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Local Market Sponsor(s)) compromise the security, fairness, integrity or administration of the Sweepstakes, the Local Market Sponsor(s) reserve(s) the right to void the entries at issue and/or modify, suspend, cancel or terminate the Sweepstakes and conduct a random drawing to award the prize among all eligible entries received as of the termination date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted online at www.wgntv.com. Local Market Sponsors(s) reserve(s) the right to disqualify any entrant that tampers with the operation of the Sweepstakes or website or violates the Official Rules of the Sweepstakes. The Local Market Sponsor(s) reserve(s) the right to disqualify any entrant who acts in a disruptive, harassing, vulgar, or unsportsmanlike manner, as determined by the Local Market Sponsor(s) in its/their sole discretion. Entries not conforming to these entry specifications will not be acknowledged or returned.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE LOCAL MARKET SPONSOR(S) RESERVE THE RIGHT TO PROSECUTE OR SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Odds of Winning. The odds of winning depend on the number of eligible entries received.
5. Prize(s). There will be one (1) local market winner in this Sweepstakes. On May 24, 2022 at 9am Organization.Timezone, the local market winner will be randomly selected from all eligible entries and notified that they won by phone or e-mail. The winner will receive One (1) BHS retractable screen for your front or patio door from BHS Retractables. Standard color, door size, up to 96″ height and 48″ width. Installation included. Prize is valid until 10/31/2022; screen must be ordered by that date.
The approximate retail value of the prize package is $550.00. Entrants can win only once.
All results are unofficial until winner(s) is/are verified by the Local Market Sponsor(s). Prizes may not be exchanged, substituted, transferred or redeemed for other prizes by winner. Cash will not be awarded as a substitute for prize. Prizes are awarded ‘as is’ with no guarantees or warranties as to use, merchantability, or fitness for a specific purpose, and the Local Market Sponsor(s) is/are not responsible for defective prizes. Local Market Sponsor(s) reserve(s) the right to substitute a prize in their sole discretion without an on-air or off-air announcement, in which case a prize of equal or greater value will be awarded. Other terms and conditions may apply.
6. Conditions for Acceptance of the Prize(s). The local market winner must claim the prize(s) in-person at the Station, 2501 W. Bradley Place, Chicago, IL 60618, during regular business hours ((Monday – Friday from 8am – 6pm CST)). Prize(s) will not be mailed under any circumstances. The prize(s) must be claimed by June 24, 2022 at 5pm Organization.Timezone or it/they will be forfeited. Winner(s) will be required to provide a valid government issued photo identification card and to execute an affidavit of eligibility and publicity and liability release prior to receiving their prize(s). The Station may require the winner’s guests, invitees, or travel companions to sign liability releases prior to receiving the prize. All unclaimed or rejected prizes will be forfeited. Failure by the winner(s) to respond to the Station’s messages, calls, e-mails or other notifications will lead to forfeiture of the prize(s). Failure to completely fill out and sign all waivers, releases, or forms requested by the Station will result in forfeiture of the prize(s). Upon forfeiture of the prize(s), the Station has the right to award that prize to another winner using the method described above. A winner who forfeits any prize is not eligible to win another Sweepstakes conducted by the Station for thirty (30) days.
Payment of all federal, state and local taxes is the sole responsibility of the winner(s) and the winner(s) may receive an IRS 1099 Form or equivalent from the Local Market Sponsor(s). The Local Market Sponsor(s) will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winner(s) is/are required to fill out any tax forms requested by the Local Market Sponsor(s) in order to receive their prize(s).
Winner will be solely responsible for any and all license and registration fees, accommodations, transportation costs, gratuities and all other items of an incidental nature. Prize(s) may subject to availability. All expenses on receipt and use of prize(s) are the sole responsibility of the winner(s), the Local Market Sponsor(s) is/are not responsible for any weather changes or extenuating circumstances relating to a prize received. The Local Market Sponsor(s) is/are not responsible for replacing or reimbursing winners with any form of compensation for events that are delayed or canceled. All delays and cancellations are deemed beyond the control of the Local Market Sponsor(s). 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, game cancellations and delays, as well as all acts of nature. Local Market Sponsor(s) will not be responsible for failure to supply the prize(s) by reason of any force majeure events, such as acts of God, war, terrorist attacks, pandemic, epidemic, unusually severe weather, labor strikes, or other causes beyond the control of the Local Market Sponsor(s).
By accepting the prize, the winner or winners agree to have their name, voice, likeness, biographical information, and entry materials used in any advertising or broadcasting material relating to this Sweepstakes, and in any media whatsoever, including the Station, Facebook and on www.wgntv.com, for any purpose whatsoever, worldwide, in perpetuity, without any further authorization or compensation to the winner.
7. Social Media. For contests or sweepstakes conducted or promoted on Facebook, Twitter, Instagram, YouTube, Snapchat, iHeartRadio, or any other social media website (each a “Social Media Site” and collectively the “Social Media Sites”), the Sponsors reserve the right to void any entrant’s entry in the Sweepstakes for failure to abide by the guidelines, policies, or procedures of the applicable Social Media Site, and to delete or remove any of entrant’s related “Likes,” comments, posts, tweets, videos, photos, user generated content, or other electronic messages, communications, or submissions at their discretion. The Sponsors also reserve the right to block, ignore, report, and/or completely prevent any entrant, account, user, or profile from accessing the Sweepstakes and/or the Sponsors’ profile(s), account(s), website(s), blog(s) or handle(s). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. By entering this Sweepstakes, entrants agree to release and hold the Social Media Sites harmless from any or all claims, liability, damages, judgments, fines, costs, expenses related to or associated with their participation in this Sweepstakes. Entrants understand that by logging-in to the applicable Social Media Site, that they agree to comply with the Social Media Site’s Terms of Service, and that their personal information is subject to the Privacy Policies and information collection practices of the Social Media Site. Entrants agree that the Sponsors are not responsible for the collection, disclosure, transfer, or dissemination of their personal information, whether directly or indirectly, by third party advertisers, marketers, or any other transferees. For entries submitted through the Social Media Sites, the Sponsors may be limited to using the information in a manner set forth by the Social Media Sites and in no other way.
8. Limitation on Liability. Local Market Sponsor(s) disclaim(s) all liabilities to the winner(s) with respect to receipt and use of the prize(s). Winners and their guests or travel companions, by acceptance of their prize(s), agree to release and hold the Local Market Sponsor(s) and its/their affiliated companies, their advertising, promotion and production agencies, and their respective parent companies, subsidiaries, affiliates, officers, shareholders, directors, employees, agents and representatives harmless from any and all liability, claims, causes of actions, damages, fines, and costs of any kind whatsoever (including reasonable attorney’s fees) which may be sustained directly or indirectly to persons or property in connection with the receipt, ownership or use of the prize or while preparing for, participating in, and/or traveling to any Sweepstakes or prize-related activity.
9. Reservation of Rights. Local Market Sponsor(s) reserve(s) the right to make changes to these Official Rules in their sole discretion which will become effective upon announcement. Local Market Sponsor(s) reserve(s) the right to cancel or terminate this local market Sweepstakes for any reason in the event that it cannot be run or administered as intended by the Local Market Sponsor(s). Any such changes or termination will be announced on www.wgntv.com.
10. Contact Information. For questions or more information about this Sweepstakes, please contact WGN-TV at 2501 W. Bradley Place, Chicago, IL 60618. For a copy of these rules, addendum, and/or list of winners please go to www.wgntv.com or send a self-addressed stamped envelope to WGN-TV, 2501 W. Bradley Place, Chicago, IL 60618, within thirty (30) days of the end of this Sweepstakes.
See Second Street’s Sweepstakes Rules below.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES GOVERN ONLY THE NATIONAL SWEEPSTAKES AND ARE NOT APPLICABLE TO ANY LOCAL PROMOTER SWEEPSTAKES (DEFINED BELOW). ENTRY INTO THIS SWEEPSTAKES WILL BE AVAILABLE THROUGH NUMEROUS LOCAL PROMOTERS.
BY ENTERING THIS NATIONAL SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS-ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.
OVERVIEW: The $5,000 Sweepstakes (“National Sweepstakes”) is sponsored by Second Street Media, Inc. (“Sponsor”). The National Sweepstakes begins at Promotion.EntryStartDate Organization.Timezone and ends at Promotion.EntryEndDate Organization.Timezone (“Sweepstakes Period”). If you satisfy the eligibility requirements (described below), you may enter the National Sweepstakes by completing the entry form for a Local Sponsor Sweepstakes on a participating Local Sponsor Website (defined below). Following the conclusion of the Sweepstakes Period, Sponsor will select one (1) National Sweepstakes winner through a random drawing from among all eligible entries received. Participation in this National Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
EACH WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM National Sponsor WITHIN FORTY-EIGHT (48) HOURS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN NATIONAL SPONSOR’S SOLE DISCRETION).
ELIGIBILITY: This National Sweepstakes is open only to individuals who meet the eligibility criteria for a participating Local Sponsor Sweepstakes. Employees, officers, directors, members, managers, agents, and representatives of Sponsor or its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this National Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (the “Released Parties”) and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. Individuals who are prohibited from entering a Local Sponsor Sweepstakes pursuant to the official rules for the Local Sponsor Sweepstakes are also ineligible for this National Sweepstakes. This National Sweepstakes is void where prohibited by law.
HOW TO ENTER: During the Sweepstakes Period, eligible entrants can enter the National Sweepstakes by visiting https://ssm.secondstreetapp.com/ or by visiting the website (“Website”) of a participating local station or other entity (“Local Sponsor”) that is offering entry into a local sweepstakes affiliated with this National Sweepstakes (“Local Sponsor Sweepstakes”) and following all steps to complete and submit an entry form with all required information. Each Local Sponsor Sweepstakes is a separate sweepstakes governed by its own official rules. Please see the Local Sponsor Sweepstakes official rules from the Local Sponsor through whom you entered for full details.
Entries are “received” when the National Sponsor’s computer logs the completed entry form. Other proof of submitting an entry (such as a screenshot of a “thanks for entering” message) does not constitute actual receipt of the entry for purposes of this National Sweepstakes. National Sponsor’s clock will be the official timekeeper for this National Sweepstakes.
Limit one (1) entry per person/email in this National Sweepstakes. Subsequent attempts made by the same individual to submit multiple entries in violation of this condition by using multiple email accounts or by any other method or means are void and persons engaging in such conduct may, in National Sponsor’s sole discretion, be disqualified. Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Entries must be submitted and received by Sponsor during the Sweepstakes Period in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any web site or online service other than a Website, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for this National Sweepstakes. As a condition of entering the National Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this National Sweepstakes and complying with applicable laws, regulations, and rules.
ODDS AND WINNER SELECTION/NOTIFICATION: One (1) National Sweepstakes prize winner will be selected in a random drawing from among all eligible entries received for this National Sweepstakes. The drawing will take place Tuesday, May 24, 2022 at 11am CT. Odds of winning a prize depend on the number of eligible entries received.
Within approximately five (5) business days of the prize drawing, Sponsor will attempt to contact the potential winner at the email address provided at the time of entry. The potential winner will be required to respond to Sponsor as instructed within forty-eight (48) hours of Sponsor attempting to contact the potential winner as described above.
If any prize, prize notification, or National Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or National Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in National Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting). Sponsor is not responsible for any change in entrant’s email address or communications that are segregated into a junk or other folder. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
Potential winner will be required to complete, sign, have notarized (if applicable) and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents (collectively, “Prize Winner Documents”) in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents must be received by Sponsor within five (5) days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for the prize for any reason, in which case that prize may go unawarded.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”):
One (1) winner will receive “$5,000” awarded in the form of a check for $5,000 made payable to the winner. ARV: $5,000. National Sponsor makes no representation that the prize will cover any costs, debts or other financial obligations of the winner.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local, if any) are the sole responsibility of the winner. Winner will receive an IRS Form 1099 for the ARV of the prize. Prize will be mailed to the winner following verification at the address provided by winner in the Prize Winner Documents.
No transfers, prize substitutions or cash redemptions will be made, except at National Sponsor’s sole discretion. Sponsor reserves the right to substitute stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH PARTICIPANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CHALLENGE-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH PARTICIPANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, mail, or other correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules or the official rules for a Local Promoter Sweepstakes, in any advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the National Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
By entering the National Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display her or his name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to her or him and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to her or him, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
National Sponsor’s decisions will be final in all matters relating to this National Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winner, and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this National Sweepstakes. Participants further agree to not damage or cause interruption of the National Sweepstakes and/or prevent others from participating in the National Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this National Sweepstakes. National Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any National Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the National Sweepstakes structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the National Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the National Sweepstakes and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address provided at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in National Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to National Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE NATIONAL SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES/ARBITRATION: YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE NATIONAL SWEEPSTAKES ARE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI. BOTH YOU AND NATIONAL SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ASSOCIATED WITH THIS NATIONAL SWEEPSTAKES OR THESE OFFICIAL RULES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE NATIONAL SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER ST. LOUIS COUNTY, MISSOURI AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROMOTION WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN ST. LOUIS, MO, CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE). THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ST. LOUIS, MO. NATIONAL SPONSOR AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR’S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE NATIONAL SWEEPSTAKES.
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
WINNER’S LIST/OFFICIAL RULES: For a copy of these Official Rules or to find out who won this National Sweepstakes, send an email with the subject line of either “$5,000 Sweepstakes – RULES” or “$5,000 National Sweepstakes – WINNERS LIST,” as applicable, to Liz Huff, [email protected] Rules requests must be received during the Sweepstakes Period. Requests for the winners list must be received within three (3) months of the end of the Sweepstakes Period.
National Sponsor: Second Street Media, Inc., 401 Congress Avenue, #1850, Austin, TX 78701