FAMILY OWNED MARKETS DECEMBER 2016 MASTERCARD GIVEAWAY
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Family Owned Markets December 2016 Master Card Giveaway(the “Promotion”) is sponsored by Harrisburg Television, Inc. d/b/a WHTM-TV (“abc27”) and Family Owned Markets (together the “Promotion Parties”). Promotion is only offered in the ABC27 viewing area within the Pennsylvania counties of Sullivan, Union, Snyder, Fulton, Huntingdon, Centre, Clinton, Lebanon, Lycoming, Columbia, Cumberland, Northumberland, Dauphin, Schuylkill, Berks, Lehigh, Lancaster, York, Franklin, Adams, Perry, Mifflin, Juniata, Montour and Chester and the Maryland counties of Washington, Frederick, Carroll, Baltimore, Harford and Cecil (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 entering, each entrant 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 on December 5, 2016. Entry deadline is December 15, 2016 at 11:59 p.m. Eastern Time (“ET”). Drawing to determine winners will be held on or about December 16, 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, Facebook. Entrants are providing information to ABC27 and not to Facebook. The information entrants provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions that entrants have about this Promotion 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 resident of the Promotion Area (above) as of the date of entry. In addition, each entrant must have an existing Facebook account prior to December 5, 2016.
6. Employees of abc27, any prize supplier or any entity directly involved in the development or administration of this Promotion, or of any other radio, television, or print media operations in the Promotion Area, or their affiliates or subsidiaries, and the members of their immediate families (defined as spouse, parents, siblings or children and their respective spouses) and households, are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related. In addition, each household is limited to one (1) prize valued at up to $600 in any abc27-sponsored prize promotion in any sixty (60) day period and to one (1) prize valued at $600 or more in any abc27-sponsored prize promotion in any twelve (12) month period.
7. Prizes (2): $100 Master Card Gift Card. Approximate Retail Value: $100.
8. The odds of winning depend on the number of entries received.
9. Gift card prizes are subject to terms and conditions thereon as well as any additional restrictions or limitations imposed by issuer. abc27 will not replace lost, stolen or damaged prize gift cards or similar items once they are in possession of any winner. 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 (including taxes on income, if any), any other taxes, fees, surcharges and incidentals.
10. 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 substitute will be offered or permitted. The right to receive a 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.
11. 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.
12. Entries will be accepted beginning December 5, 2016 at 12:01 a.m. ET and ending December 15, 2016 at 11:59 p.m. ET. You must have a Facebook account prior to December 5, 2016 to be eligible.
13. To enter, visit https://www.abc27.com/contests (the “Promotion Page”) and follow the instructions to complete an official entry form via the contest application with all required information, which may include name, address, telephone number, e-mail address, and date of birth or age. Entries will not be accepted via any other method.
14. Bonus Entries: Once you have completed your entry, you will have the opportunity to “share” a unique URL to the Promotion with your friends via social media and/or e-mail. For each friend who properly and timely enters through your shared URL, you will receive five (5) bonus entries (the “Bonus Entries”), as long as you are using the “sharing” functionality provided via the contest app at the Promotion Page.
15. All entries must be received by abc27 no later than December 15, 2016 at 11:59 p.m. ET. Proof of sending is not proof of receipt by abc27. abc27 will not accept screen shots as proof of entry.
16. Limit one (1) entry per person per day. A day begins at 12:00:01 a.m. ET and ends at 11:59:59 p.m. ET. Additional entries received from any such person thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, 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, identities, registrations, Facebook accounts, or logins) are prohibited and will void all entries submitted by that entrant. No group submissions will be accepted. There is no limit on the number of Bonus Entries.
17. Entries must include a valid e-mail address for the entrant. Promotion Parties are not responsible for electronic communications that are undeliverable as a result 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 or e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the Facebook account or e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address or Facebook account by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain or by Facebook.
18. Entrants who fail to provide any required information may be disqualified without further notification by abc27. Promotion Parties are 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. abc27reserves 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.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNERS
20. On December 16, 2016 or within a reasonable time thereafter, abc27or its designee will randomly choose two (2) names from all timely entries received. Subject to verification of eligibility, the persons whose names are so drawn will be declared the winners.
21. abc27 will contact each potential winner in accordance with the information supplied to abc27 on his or her entry form. Each winner must respond to initial notification within three (3) business days 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 to abc27 no later than ten (10) business days after 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. Arrangements will be made with verified winners for pick-up or delivery of prizes. A verified winner may authorize another designated person, in writing, to pick prize up for that winner; winner’s designee must present photo ID and such winner must agree to release and hold abc27 harmless from all liability for any prize claimed by his or her authorized designee.
22. In the event that any potential winner (a) cannot be contacted directly by, or does not respond to, abc27within forty-eight (48) hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or 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. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. ABC27 will conduct up to three (3) alternate drawings for any prize. If ABC27 cannot verify a winner for a particular prize after three (3) alternate drawings, no further drawings will be held for that prize and that prize will not be awarded
23. abc27 in its sole discretion may allow for transmission of verification documents via fax or e-mail. Arrangements will be made with verified winners for pick-up or delivery of prizes. A verified winner may authorize another designated person, in writing, to pick prize up for that winner; winner’s designee must present photo ID and such winner must agree to release and hold abc27 harmless from all liability for any prize claimed by his or her authorized designee.
24. 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.
25. 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
26. By entering, each entrant agrees that ABC27, Family Owned Markets, Media General, Inc., Facebook, any other company involved in the development or administration of this Promotion, and their respective parent companies, subsidiaries, and affiliates, as well as all of their respective agents, agencies, affiliates, franchisees, promoters, prize suppliers, officers, directors, employees and related persons (collectively, “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 received by ABC27 by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, 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 entries, 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; (g) are not responsible for the inability to select winners because of postal failure, equipment 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 materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
27. 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. 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. 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.
28. BY ENTERING THE PROMOTION 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 ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
29. 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.
30. 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 post notice of same at the Promotion Page and select the winners by conducting a random drawing from among 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.
31. 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 operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards ABC27, any other Promotion Party or any other entrant 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.
32. 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.
33. All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with ABC27 concerning such verification and/or auditing. ABC27 reserves the right to conduct a background check on any or all potential winners, and ABC27 reserves the right in its sole discretion 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 any and all verification and background check activities. 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.
34. 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.
35. By entering the Promotion, each entrant 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 any entrant be permitted to obtain any award for, and entrant hereby waives 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. 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.
36. 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.
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 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 entrant expressly agrees 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 each entrant consents to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
38. 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
39. 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: Family Owned Markets December 2016 Master Card Giveaway c/o ABC27, 3235 Hoffman Street, Harrisburg, PA 17110, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after December 25, 2016.
40. Facebook is not a sponsor of this Promotion. 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.