ABC ULTIMATE FALL VIEWING KIT CONTEST
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The ABC Ultimate Fall Viewing Kit Contest (the “Promotion”) is sponsored by Media General Operations, Inc. d/b/a WHTM TV Channel 10 (“abc27”). Promotion is only offered in the abc27 viewing area within the Pennsylvania counties of Adams, Berks, Centre, Chester, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Lehigh, Lycoming, Mifflin, Montour, Northumberland, Perry, Schuylkill, Snyder, Sullivan, Union and York and the Maryland counties of Baltimore, Carroll, Cecil, Frederick, Harford and Washington (the “Promotion Area”). Void outside Promotion Area and where prohibited.
2. Promotion is subject to all federal, state and local laws. abc27 shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By participating, each participant irrevocably, fully and unconditionally agrees to be bound by these Official Rules and waives any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
3. Promotion begins and ends on September 23, 2016 and consists of one (1) “watch and win” game (the “Game”) to determine the winners. abc27’s computer is the official time-keeping device for this Promotion. All times herein are Eastern Time (“ET”).
4. To be eligible, each participant must be at least eighteen (18) years old and a legal resident of the Promotion Area (above). Employees of abc27, any other entity directly involved in the development or administration of this Promotion, any other radio, television, or print media operations in abc27’s market area, and the members of their immediate families (defined as spouses, parents, siblings and children) and households (whether or not related), are not eligible to participate or win.
5. The term “household” includes all persons residing together (part-time or full-time) in a single residence, whether or not related. Unless expressly permitted, each household is limited to one (1) prize valued at up to $600 in any abc27-sponsored promotion in any sixty (60) day period.
6. Grand Prizes (5): ABC Ultimate Viewing Kit. Each kit includes one each of the following items: ABC Duffle Bag, ABC Funny Fleece Blanket, ABC Funny Popcorn Bowl, Pint Glasses – Set of Two (Designated Survivor and Speechless) and Primetime Emmy T-Shirt
Approximate Retail Value: $76.65
7. The odds of winning depend on the number of callers during any Daily Game. Limit one (1) prize per household.
8. All prize details shall be at abc27’s sole discretion. Each winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, all lodging and/or transportation expenses, snacks, concessions, service charges or facility fees, upgrades, meals, beverages, tips, gratuities, parking, souvenirs, merchandise and personal items. Any winner who wins prizes through any abc27-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 Form.
9. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. Any prize or portion thereof not used or accepted by any winner is forfeited and no cash or substitute will be offered or permitted. The right to receive any prize is not transferrable. Prizes may not be substituted except that abc27 in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
10. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Promotion Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize. Other restrictions apply.
11. To play, watch abc27 News at 5 on September 23, 2016 beginning at 5:00 p.m. and watch for the contest phone number to be revealed during a commercial break. Once the contest number is revealed, call the telephone number indicated. Subject to verification of eligibility, the first five (5) callers, as determined by abc27 in its sole discretion, will be declared the winners.
12. If any potential winner declines the prize or is determined to be ineligible for any reason during the initial call, abc27 will repeat the process with the next caller until a potential winner can be confirmed or no callers remain and no calls have been received for fifteen (15) minutes or more, whichever occurs first. In the event that no callers remain, those prizes will not be awarded.
13. In the event that fewer than five (5) calls are received during the Daily Game, abc27 reserves the right to replay that opportunity on a different day or time or to award the prize to the last caller. All dates and times are subject to change or cancellation in the event of technical issues or human error affecting the broadcast of the Daily Game or cue to call, or in the event of breaking news or national or local emergency or condition that is of greater public importance, in abc27’s sole discretion, than the timely execution of the Promotion or timely broadcast of the Daily Game or cue to call. If any of the foregoing result in the non-broadcast of the Daily Game or cue to call during the particular broadcast time, the corresponding prize will not awarded.
14. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or methods or agents to play are prohibited and will void all entries submitted by that participant. No group submissions will be accepted.
15. Each potential winner may be required to provide a valid daytime telephone number or e-mail address. abc27 is not responsible for voice or electronic communications that are not completed as a result of any form of call blocking of any kind or inability to leave a voice message or passive or as to e-mail, active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on a telephone number, the call will be deemed made by the “Authorized Account Holder” of the telephone number provided at the time of the call. The Authorized Account Holder is the natural person who is assigned to the telephone number by the relevant telecommunications provider.
16. Participants who fail to provide any required information may be disqualified without further notification by abc27. abc27 is not responsible for calls that are lost, misdirected, garbled, unintelligible, disconnected, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such calls are void. abc27 reserves the right in its sole discretion to disqualify any individual at any time who in its opinion does not comply with these Official Rules.
17. Each winner may be verified over the telephone and may be required to present valid photo identification, signed affidavit or declaration of eligibility, liability release, publicity release (where legal), tax forms and/or other legal documents to abc27 no later than ten (10) business days after initial call. abc27 in its sole discretion may allow for transmission of verification documents via fax or e-mail. Winners must pick up prizes at abc27’s offices at 3235 Hoffman Street, Harrisburg, Pennsylvania, on a non-holiday week day during normal business hours (9:00 a.m. ET to 5:00 p.m. ET) within ten (10) business days after initial call.
18. In the event that any potential winner (a) fails to satisfy any eligibility or verification requirement herein, (b) declines to accept the prize, (c) or is otherwise determined to be ineligible, abc27 in its discretion may disqualify that individual and the corresponding prize will not be awarded.
19. abc27 may, in its sole discretion, post the verified winners’ names on any of abc27’s websites, including http://www.abc27.com and/or to broadcast them on any of abc27’s stations.
20. By accepting a prize, each winner agrees to award abc27 the right to publicize his or her name, photographs (including the use and appearance of winner’s photograph on abc27’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
21. Participants agree that abc27, Media General, Inc., Facebook, any other company involved in the development or administration of this Promotion, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, prize suppliers, officers, directors, employees and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable telecommunications, network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for calls that for any reason are not received by abc27 by the relevant deadline; (b) are not responsible for any incorrect or inaccurate information, whether caused by participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of calls, the selection of winners, the prizes or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry information; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, telecommunications failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry information during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize or any part thereof.
22. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE, AND YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, PRIZE AWARD OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION, AND YOU AGREE THAT RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
23. BY PARTICIPATING AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF THE PRIZE OR ANY PART THEREOF, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY OR TRAVEL, USE BY A RELEASED PARTY OF ANY ENTRY INFORMATION, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
24. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
25. abc27 reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, in the event that abc27 determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond abc27’s control. In such an event, abc27 will announce same and select the winners in such manner as abc27, in its sole discretion, deems fair and appropriate under the circumstances.
26. abc27 reserves the right to disqualify any individual from further participation in the Promotion if abc27 concludes, in its sole discretion, that such person (a) has attempted to tamper with the Promotion process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards abc27 or any other Promotion Party or participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by abc27 to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
27. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND ABC27 RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
28. All activity arising out of and relating to the Promotion, including any reference to a participant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules. If abc27 determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or participant with the Official Rules, abc27 reserves the right to disqualify such entry and/or participant from the Promotion and any prize at any time. abc27 reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if abc27 determines in its sole discretion that awarding a prize to any such individual might reflect negatively on abc27. Each participant agrees to cooperate with abc27 and its representatives in connection with any and all verification, auditing and/or background check activities.
29. abc27 reserves the right to correct typographical, printing or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, abc27 reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
30. By participating in the Promotion, each participant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain any award for, and each participant waives all right to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
31. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants or Released Parties in connection with the Promotion, shall be governed by Pennsylvania law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Pennsylvania. Each participant expressly agrees any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Dauphin County, Pennsylvania, and each participant consents to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
32. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry information, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS’ LIST/OFFICIAL RULES
33. For a copy of the Official Rules or the final Winners’ List, visit http://www.abc27.com or mail a SASE to: ABC Ultimate Fall Viewing Kit Contest c/o abc27, 3235 Hoffman Street, Harrisburg, PA 17110, specifying either “Winners’ List” or “Official Rules Request.” Final Winners’ List will be available after September 30, 2016.
34. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.