COOKING WITH DAYBREAK CONTEST
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Cooking with Daybreak Contest (the “Contest”) is sponsored by Media General Operations, Inc. d/b/a WHTM TV Channel 10 (“abc27”) and Giant Food Stores, LLC (“GIANT”) (together, the “Contest Parties”). Contest 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 “Contest Area”). Void outside the Contest Area and where prohibited.
2. Contest 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, votes, deadlines, Qualifier or winner selection, prize restrictions, and eligibility — and all its decisions are final. By entering, voting and/or otherwise participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Contest-related advertising or materials.
3. Contest begins on November 23, 2016. Final entry deadline is December 7, 2016 at 11:59 PM Eastern Time (“ET”). Judging to select potential Qualifiers will be completed no later than December 8, 2016. Public voting to determine potential winners will be completed no later than December 14, 2016. abc27’s computer is the official time-keeping device for this Contest.
4. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing information to abc27 and not to Facebook. The information you provide will only be used for administration of the Contest and as otherwise set forth in these Official Rules. Any questions that you have about this Contest must be directed to abc27 and not to Facebook.
5. To be eligible, each entrant must be at least eighteen (18) years old and a legal United States resident living in the Contest Area (above).
6. In addition, if you are selected as the potential Grand Prize winner, you must be available to appear live on abc27 Daybreak on December 23, 2016 at 4:30 AM ET to remain eligible.
7. Employees of abc27, Media General, Inc. (“Media General”), GIANT, any other radio, television, or print media operations in the Contest Area, any other entity directly involved in the development or administration of the Contest, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to enter or win. The term “household” includes all persons residing together (part-time or full-time) in a single residence, whether or not related.
8. In addition, you are not eligible to win a prize in this Contest if anyone in your household has won and received a prize with a stated value of up to six hundred dollars ($600) in any abc27-sponsored promotion in the sixty (60) days prior to the date of any prize notification in this Contest.
PRIZES & ODDS
9. Grand Prize (1): $250 GIANT gift card and the opportunity to appear and cook your recipe live on abc27 Daybreak (the “Show”) on December 23, 2016. Appearance opportunity has no retail value or cash value. Approximate Retail Value (“ARV”): $250.
10. Finalist Prizes (3): $25 GIANT gift card. ARV: $25.
11. The odds of winning depend on the number of entries and votes received. Limit one (1) prize per household.
12. The Show appearance have no cash value and is subject to the sole discretion of abc27. If this prize element is unavailable or cannot be or is not fulfilled by abc27 for any reason, Grand Prize winner will not be entitled to any substitution, remuneration or alternate prize element and abc27 shall have no further obligation to the Grand Prize winner other than to deliver the gift card component of Grand Prize.
13. Gift card prizes are subject to all terms and conditions thereon as well as any additional limitations or restrictions imposed by issuer. Visit http://giantfoodstores.com/shopping/shop-online/gift-cards for more information.
14. 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, and fees. Any person 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.
15. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. The right to receive any prize is not transferrable. Any prize or portion thereof not accepted by any winner is forfeited and no cash or substitute will be offered or permitted, unless required by law. 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.
16. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Contest Parties. Contest 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.
18. To enter, you must complete each of the following three (3) steps:
a. First, you must have or create an original recipe (your “Recipe”) that you are authorized to submit in the Contest;
b. Next, record a video of yourself while you cook or prepare original recipe, no longer than two minutes (2:00) run-time (your “Video”); and
c. Finally, visit https://www.facebook.com/abc27news (the “Contest Page”) and follow the instructions to complete an entry form with any required information, which may include your name, e-mail address, and age or date of birth, and submit your Recipe and your Video (either via direct upload to the Contest Page or via URL link using your personal YouTube, Vimeo, Vine or Instagram account) and the hashtags #cookingwith27 and #contest (together, your “Submission”). Your entry is not complete until all the above steps have been successfully accomplished.
This is the only method of entry. Entries will not be accepted via U.S. mail, e-mail, or any other method.
19. To be eligible for consideration on either Judging Date (see below), entries must be received no later than 11:59 PM ET on the day before the scheduled Judging Date. All entries must be received by abc27 no later than December 7, 2016 at 11:59 PM ET. Proof of sending is not proof of receipt by abc27. abc27 will not accept screen shots as proof of entry.
20. Limit one (1) entry per person or e-mail address. Additional entries received from any such person or e-mail address thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, Facebook accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in abc27’s sole discretion. No group submissions will be accepted.
21. Entries must be associated with a valid Facebook account with a valid e-mail address for the entrant. abc27 is not responsible for voice or electronic communications that are undeliverable because 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 Facebook account, the entry will be deemed made by the “Authorized Account Holder” of the Facebook account used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address associated with the Facebook account used for entry by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.
22. Entrants who fail to provide any required information may be disqualified without further notification by abc27. abc27 is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. abc27 reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of abc27 and will not be returned or acknowledged.
24. Your Submission must comply with all terms and conditions at the Contest Page as well as the relevant video hosting site (YouTube, Instagram, Vimeo or Vine), if applicable (collectively, the “Website Terms”), as well as the “Submission Requirements” below.
25. Each Submission must satisfy the following Submission Requirements:
a. Each Submission must be original to you (not copied, adapted, or reproduced from any other source and not in collaboration with any other person). In other words, only the person who took or created the Submission is permitted to submit it in this Contest;
b. No watermarks, signatures, or copyright notices may be added to any Submission;
c. Each Video must include hashtags #cookingwith27 and #contest.
d. Each Video must be submitted as a digital video file (either via direct upload or link). No film Submissions will be accepted.
e. Each Video is limited to a maximum run-time of two minutes (2:00). If your Video exceeds two minutes (2:00), abc27 may, in its sole discretion, disqualify your entry or elect to judge and consider only the first two minutes (2:00) of the Video.
f. Submissions must not depict any content, language or images that would make the Submissions inappropriate for publication or broadcast to a general audience as determined by abc27 in its absolute and sole discretion. Without limiting the foregoing, Submissions that include foul language, nudity or other states of undress, graphic or excessively violent content, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or content that appears to violate any third party intellectual property rights, as determined by abc27 in its absolute and sole discretion will be disqualified.
g. No other identifiable individuals may be depicted in any Submission.
h. Submissions must not depict any identifiable brand names, trademarks, logos or trade names other than those belonging to Contest Parties.
i. No music is permitted in any Submission.
j. Submissions must not have been previous published or submitted to any other contest promotions and must not be pending publication.
Entrant’s License & Warranty
26. By submitting an entry and Submission, you expressly grant to abc27 (and to those acting on abc27’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the entry and Submission) to display, reproduce, distribute, publish, perform, edit, otherwise use the entry and Submission (in whole or in part) for advertising and promotional purposes, including the display of the entry and/or Submission on abc27’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Contest. For clarity, abc27 has the right (but not the obligation) to publish any entry and/or Submission on abc27’s website(s) and/or social media channels and as abc27 otherwise so chooses.
27. By submitting an entry, you warrant that (a) you are legally entitled to submit the entry and/or Submission in the Contest, (b) the entry and Submission do not infringe any third party rights, and (c) the entry and Submission comply in all respects with the Official Rules and Website Terms and you agree to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.
28. If abc27 receives any claim of unauthorized use of any content contained within the Submission by any third party, abc27 reserves the right to immediately terminate access to and disqualify such Submission. In addition, abc27 may disqualify any entry and/or Submission that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, at any time and without obligation of further discussion. You agree that abc27 has the sole discretion to decide whether any entry and Submission satisfies these Official Rules and that its decisions are final. WITHOUT LIMITING THE FOREGOING, ABC27 RESERVES THE RIGHT TO REMOVE ANY SUBMISSION AND DISQUALIFY THE CORRESPONDING ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE WITHOUT ANY OBLIGATION TO ENGAGE IN ANY COMMUNICATION, COMMENT OR DISCUSSION ABOUT ANY SUCH SUBMISSION OR ENTRY OR ANY DECISION TO REMOVE SUCH SUBMISSION AND DISQUALIFY ITS CORRESPONDING ENTRY. ALL DECISIONS OF ABC27 ARE FINAL.
JUDGING DATES (12/1/16 AND 12/8/16)
29. On December 1, 2016 and December 8, 2016 (each, a “Judging Date”), all timely and properly submitted Submissions will be reviewed by a panel of qualified judges comprised of abc27 Daybreak team members, including anchors and/or producers, and scored based on the following judging criteria: entertainment value, recipe appeal, and overall excellence. Subject to verification of eligibility, the two (2) entrants on each Judging Date whose Submissions receive the highest score will be declared Qualifiers, for a total of four (4) Qualifiers.
30. Tie-breakers: In the event of tie for any Qualifier, the entry with the highest score in the “entertainment” category will be declared the Qualifier, followed by the “overall excellence” category, and then the “recipe appeal” category, if necessary. If any tie remains thereafter, the tied entries will be re-judged by the Contest Judges, judged by a new panel of Contest judges, or the tie shall be broken in such other appropriate manner as determined by abc27 in its sole discretion.
31. abc27 reserves the right to select fewer than the stated number of Qualifiers if it does not receive enough eligible and properly submitted entries.
32. abc27 will contact each potential Qualifier using the information supplied on his or her entry form. Each potential Qualifier must respond to abc27 within forty-eight (48) hours of initial notification, and confirm his/her ongoing eligibility and willingness to participate, including his/her availability on December 23, 2016 (if selected as the potential Grand Prize winner).
33. If any potential Qualifier (a) cannot be contacted directly by, or does not respond to, abc27 within the time stated above, (b) declines to participate further, or (c) is otherwise determined to be ineligible, abc27 in its discretion may disqualify that individual and an alternate Qualifier will be selected in accordance with previously described method as soon as reasonably practicable after such disqualification. Alternate Qualifiers are subject to all eligibility requirements and restrictions of these Official Rules. If time permits, abc27 will attempt to verify up to one (1) alternate Qualifier. If abc27 cannot verify a Qualifier for any Qualifier slot after two (2) alternate attempts or there is not enough time remaining prior to the Public Voting Period to verify such Qualifier, no further attempts will be made and the number of Qualifiers will be reduced accordingly and the corresponding Finalist prizes will not be awarded.
PUBLIC VOTING PERIOD (12/10/16 – 12/14/16)
34. Beginning on December 10, 2016 at 12:01 AM ET and ending December 14, 2016 at 11:59 PM ET (the “Public Voting Period”), the Submissions of the Qualifiers will be displayed at the Contest Page where Facebook users who visit the Contest Page (collectively referred to as “Voters”) may view and vote for their favorite Submissions. All votes must be completed no later than December 14, 2016 at 11:59 PM ET. After the Public Voting Period concludes, the voting results will be tabulated by abc27. Subject to verification of eligibility, the Qualifier whose Submission receives the most votes will be declared the Grand Prize winner and the remaining Qualifiers will be declared Finalists.
35. Regardless of the results displayed on the Contest Page or “leader board,” no entrant will be a “winner” unless and until the results have been confirmed by abc27 and its decisions shall be considered final and binding in all results.
36. Tie-Breakers: In the event of a tie for the Grand Prize winner, the Grand Prize winner will be determined by a random drawing from the tied Submissions.
37. Each Voter may be required to provide a valid e-mail address. abc27 is not responsible for electronic communications (including those necessary to audit, validate and/or confirm any votes) that cannot be delivered due to incorrect or out-of-date information provided by any Voter or that are undeliverable because of any form of passive or active filtering of any kind. You may vote for your own Submission.
38. Voting is limited to one (1) vote per person per day. For purposes of voting limits, a “day” begins at 12:00:01 a.m. ET and ends at 11:59:59 p.m. ET. Additional votes received from any such Voter thereafter will be subject to disqualification. Facebook “likes” are not considered votes. The use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar methods or agents or multiple Facebook accounts or log-ins to vote is prohibited and may result in the disqualification of all votes received through that method and/or from that Voter.
39. Entrants are prohibited from obtaining or soliciting votes by offering prizes or other inducements to members of the public, vote farming, vote purchasing, vote exchanging, or any other activity that artificially inflates such votes as determined by abc27 in its sole discretion. abc27 reserves the right to determine in its sole and absolute discretion whether any votes are invalid, to disqualify any duplicate, suspect or otherwise invalid votes and/or to disqualify the corresponding entrants from further participation if abc27 deems it appropriate under the circumstances, for example, if such voting has substantially impaired or jeopardized the integrity of the voting process with respect to such entry or if the corresponding entrant actively encouraged or participated, directly or indirectly, in the suspect voting. Irregular or suspect votes or votes exceeding the stated maximum number above, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or source or by using multiple e-mail addresses, Facebook accounts, and other log-ins will be considered invalid. Entrants agree that all decisions by abc27 regarding the validity of any votes and/or the disqualification of any votes and/or entries/entrants, shall be final and binding in all respects, without appeal, and without any obligation of abc27 to engage in any communication, comment or discussion about any such decisions.
40. abc27 will not accept screen shots as proof of voting. abc27 is not responsible for, and Voters assume all risk of, votes that are lost, garbled, distorted, incomplete, or containing errors or if for any reason they are not recorded by abc27 prior to the stated deadline, and all such votes are void. Voters who fail to include any of the information required above may be disqualified from further participation and their votes voided without further notification by abc27. abc27 reserves the right in its sole discretion to disqualify any vote or Voter at any time that in its opinion does not comply with these Official Rules.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
41. abc27 will contact each potential winner using the information supplied on his or her entry form. Each winner must respond to abc27 within forty-eight (48) hours of initial notification, or by the close of business on December 20, 2016, whichever is earlier, and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents and to provide such documents to abc27 within forty-eight (48) hours of initial notification, or by the close of business on December 20, 2016, whichever is earlier, and as a condition of receiving prize. abc27 in its sole discretion may allow for transmission of verification documents via fax or e-mail. Grand Prize winner will receive scheduling information for appearance on abc27 Daybreak at abc27’s studios at 3235 Hoffman Street, Harrisburg, Pennsylvania. If any prize is mailed or shipped, winner shall assume all risk of loss, damage, theft, late or missed delivery. If applicable, abc27, in its sole discretion, may permit a verified winner to authorize, in writing, another adult to pick up his or her prize; however, winner must agree to release and hold abc27 harmless from all liability for any prize claimed by his or her authorized designee and winner’s designee will be required present photo ID.
42. If the potential Grand Prize winner (a) cannot be contacted directly by, or does not respond to, abc27 within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) is unable or unwilling to participate in the Show on December 23, 2016, (d) declines to accept the prize, or (e) is otherwise determined to be ineligible, abc27 in its discretion may disqualify that individual and an alternate Grand Prize winner will be selected from the next highest scoring Qualifier as soon as reasonably practicable after such disqualification. Alternate Grand Prize winners are subject to all eligibility requirements and restrictions of these Official Rules. If time permits, abc27 will attempt to verify up to two (2) alternate Grand Prize winners. If abc27 cannot verify a Grand Prize winner after two (2) alternate attempts or there is not enough time remaining prior to the Show to verify a Grand Prize winner, no further attempts will be made and the Grand Prize will not be awarded.
43. abc27 may, in its sole discretion, post the verified Qualifiers and/or winner’s names on the Contest Page and/or any of abc27’s websites, including http://www.abc27.com, and on or in any of abc27’s social media pages or channels, and broadcast them on any of abc27’s stations.
44. 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 his or her 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
45. By entering, voting and/or otherwise participating in the Contest, you agree that abc27, GIANT, Media General, Facebook, Inc., any other company involved in the development or administration of this Contest, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents 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 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 entries that for any reason are not properly submitted or received by abc27 by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, Voters, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the tabulation, verification and/or disqualification of votes, or in the selection or announcement of the Qualifiers or winners or 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 Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest; (e) are not responsible for any unauthorized third party use of any entry materials (including any Videos and/or Recipes); (f) are not responsible for the inability to select Qualifiers or winners because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of entries or Submissions, the selection of Qualifiers or winners, the prizes or otherwise in any Contest-related materials.
46. RELEASED PARTIES EXPRESSLY DISCLAIM 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. 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 CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST.
47. By entering, voting and/or otherwise participating in the Contest, you agree to release and hold Released Parties harmless 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, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Contest (including any Videos and/or Recipes); (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize; and (d) any other claim or cause of action you may have against any Released Party.
48. BY ENTERING, VOTING AND/OR OTHERWISE PARTICIPATING IN THE CONTEST, YOU FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE 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, VOTING AND/OR OTHERWISE PARTICIPATING IN THE CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS 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 ACTUAL OUT-OF-POCKET EXPENSES.
49. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
50. abc27 reserves the right to cancel, suspend or terminate this Contest, or any part thereof, if abc27 determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest 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 post notice of same at the Contest Page and select the Qualifiers or winners at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Contest or in such other manner as abc27, in its sole discretion, deems fair and appropriate under the circumstances.
51. abc27 reserves the right to disqualify any individual from further participation in the Contest (including the Public Voting) if abc27 concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other any operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards abc27 or any other Contest Party, entrant, Voter, Contest Judge, or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter or vote more than the number of times permitted herein, including by using 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.
52. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE CONTEST 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.
53. All activity arising out of and relating to the Contest, including any reference to the status of any person as a “Qualifier” or “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 entrant with the Official Rules, abc27 reserves the right to disqualify such entry and/or entrant from the Contest 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 entrant agrees to cooperate with abc27 and its representatives in connection with all verification, auditing and/or background check activities.
54. abc27 reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. If 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.
55. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, Voters or other participants or Released Parties in connection with the Contest, 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.
56. By entering, voting and/or otherwise participating in the Contest, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in Dauphin County, Pennsylvania, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
57. 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 Contest-related materials, including but not limited to the Contest entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If 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.
58. Facebook is not a sponsor or endorser of this Contest or of abc27. Any third party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest.
WINNERS’ LIST/OFFICIAL RULES
59. For a copy of the Official Rules or the final Winners’ List, visit the Contest Page or http://www.abc27.com or mail a SASE to: Cooking with Daybreak Contest c/o abc27, 3235 Hoffman Street, Harrisburg, PA 17110, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after January 16, 2017.