HERSHEY BEARS WITH THE DAYBREAK TEAM CONTEST
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Hershey Bears with the Daybreak Team Contest (the “Promotion”) is sponsored by Media General Operations, Inc. d/b/a WHTM TV Channel 10 (“abc27”) and The Hershey Bears (“Hershey Bears”) (together, the “Promotion Parties”). 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 the 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 its decisions are final. By 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 Promotion-related advertising or materials.
3. Promotion begins on December 2, 2016. Final entry deadline is December 22, 2016 at 3:59 PM (Eastern Time (“ET”). Drawings to determine potential winners will be held on December 4, 2016 and each week day starting on December 5, 2016 and ending on December 22, 2016. abc27’s computer is the official time-keeping device for this Promotion.
4. This Promotion is in no way sponsored, endorsed or administered by, or associated with, the National Hockey League, any other of its member teams, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V. and NHL Interactive CyberEnterprises, LLC, or any of their respective parents, governors, subsidiaries, affiliates, directors, officers, shareholders and agents (collectively, the “NHL Entities”) or Facebook, Inc. (“Facebook”), and each of them is completely released of all liability by each entrant in this Promotion. You are providing information to abc27 and not to Facebook or NHL Entities. The information you provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions, comments or complaints regarding the Promotion must be directed to abc27 and not to Facebook or the NHL Entities.
5. To be eligible, each entrant must be at least eighteen (18) years old and a legal United States resident living in the Promotion Area (above).
6. Employees of abc27, Media General, Inc. (“Media General”), Hershey Bears, any other radio, television, or print media operations in the Promotion Area, any other entity directly involved in the development or administration of the Promotion, 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.
7. In addition, you are not eligible to win a prize in this Promotion 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 Promotion.
PRIZES & ODDS
8. Daily Prizes (15): Four (4) tickets (general reserved seating) to see the Hershey Bears play the Binghamton Senators on January 15, 2017 at 5:00 PM ET at the GIANT Center, 550 W. Hersheypark Drive, Hershey, Pennsylvania 17033 (the “Game”). Approximate Retail Value: $80.
9. The odds of winning depend on the number of entries received. Limit one (1) prize per household.
10. All prize tickets must be used on the date and time set forth above in the prize description or on the tickets or passes. Exact seat locations will be determined by GIANT Center. Use of tickets or passes is subject to all GIANT Center rules, regulations, policies and restrictions. Visit http://www.giantcenter.com or call (717) 534-3911 for more information. Guests may be required (or their respective parents or legal guardians may be required) to sign liability waivers and/or publicity releases prior to receipt of prize passes or tickets. Promotion Parties will not be responsible for weather, acts of God, acts of terrorism, civil disturbances, player/referee/labor or other strike or work stoppage, or any other natural disaster outside their control that may cause the cancellation or postponement of the Game or closure of the GIANT Center or any other inability to use prize tickets or passes in whole or in part and the terms and conditions on, or applicable to, the tickets or passes will govern in such event. Promotion Parties will not replace any lost, stolen or damaged prize tickets, passes, vouchers or similar items once they are in possession of any winner or guest.
11. Each winner and his or her guests agree to comply with all applicable GIANT Center regulations and policies in connection with any prize and/or any prize component and acknowledge that GIANT Center may remove or deny entry to any person, including any winner or guest, who engages in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other GIANT Center visitor, guest, employee or other person, or in any other way that violates any GIANT Center policies.
12. 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, fees, tips, gratuities, parking, concessions, souvenirs, merchandise, all transportation, travel or lodging, food, beverages, snacks, and personal items. 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.
13. 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 used or 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.
14. 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.
16. To enter, visit https://www.facebook.com/abc27news (the “Promotion 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, as well as a reason why you want to win. This is the only method of entry. Entries will not be accepted via U.S. mail, e-mail, or any other method.
17. To be eligible for any drawing, all entries must be received no later than 12:00 PM (noon) ET on the day before the scheduled drawing. All entries must be received by abc27 no later than December 21, 2016 at 12:00 PM (noon) ET. Proof of sending is not proof of receipt by abc27. abc27 will not accept screen shots as proof of entry.
18. Non-winning entries will carry forward to subsequent drawings, if any. Limit one (1) entry per person per day. For entry limit purposes, a “day” begins at 12:00:01 AM ET and ends at 11:59:59 PM ET. Additional entries received from any such person 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.
19. Entries must be associated with a valid Facebook account with a valid e-mail address for the entrant. abc27 is not responsible for electronic communications that are undeliverable because of any form of passive or 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.
20. 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.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
22. On December 4, 2016 and each week day starting on December 5, 2016 and ending on December 22, 2016, or within a reasonable time thereafter, abc27 or its designee will randomly choose one (1) Facebook user name from all timely entries received, for a total of fifteen (15) Facebook user names. Subject to verification of eligibility, the persons whose Facebook names are so drawn will be declared the winners. abc27 reserves the right to award fewer than the stated number of prizes if it does not receive an adequate number of properly submitted and eligible entries.
23. abc27 will announce the name of each winner during abc27 News Daybreak on the day after each drawing and will contact each potential winner using the information supplied by winner on his or her entry form. Each winner must respond to abc27 within forty-eight (48) hours of initial notification 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 ten (10) business days of initial notification and as a condition of receiving prize. abc27 in its sole discretion may allow for transmission of verification documents via fax or e-mail. Winners must pick up prize tickets at abc27’s offices at 3235 Hoffman Street, Harrisburg, Pennsylvania, on a non-holiday week day during normal business hours (9:00 AM ET to 5:00 PM ET). 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.
24. If any potential 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) declines to accept the prize, or (d) is otherwise determined to be ineligible, abc27 in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. If time permits, abc27 will conduct up to three (3) alternate winner drawings for any prize. If abc27 cannot verify a winner for any prize after three (3) alternate winner drawings or there is not enough time remaining prior to the Game to verify such winner, no further drawings will be held for that prize and that prize will not be awarded.
25. abc27 may, in its sole discretion, post the verified winners’ names on the Promotion 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.
26. 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
27. By entering the Promotion, you agree that abc27, Hershey Bears, Media General, Facebook, NHL Entities, any other company involved in the development or administration of this Promotion, 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, 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 selection or announcement of the 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 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 unauthorized third party use of any entry materials; (f) are not responsible for the inability to select 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 Promotion, the acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-related materials.
28. 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 PROMOTION 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 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.
29. By entering the Promotion, 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 Promotion or any Promotion-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Promotion; (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.
30. BY ENTERING THE PROMOTION, YOU FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, 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 THE PROMOTION, 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.
31. 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.
32. abc27 reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if 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 post notice of same at the Promotion Page and select the winners at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as abc27, in its sole discretion, deems fair and appropriate under the circumstances.
33. 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 entry process or other any 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, entrant or other 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 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.
34. 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.
35. All activity arising out of and relating to the Promotion, including any reference to the status of any person 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 entrant with the Official Rules, abc27 reserves the right to disqualify such entry and/or entrant 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 entrant agrees to cooperate with abc27 and its representatives in connection with all verification, auditing and/or background check activities.
36. 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. 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.
37. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other 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.
38. By entering the Promotion, you expressly (a) agree that 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 (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
39. 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 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.
40. Neither Facebook nor NHL Entities are sponsors or endorsers of this Promotion 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 Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
WINNERS’ LIST/OFFICIAL RULES
41. For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or http://www.abc27.com or mail a SASE to: Hershey Bears with the Daybreak Team Contest c/o abc27, 3235 Hoffman Street, Harrisburg, PA 17110, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after January 23,