Lightning’s Best Dave Andreychuk Victory Pose Photo Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE ENTRANT’S CHANCE OF WINNING.
1. HOW TO ENTER
- These rules govern the Lightning Hockey Dave Anderychuk Victory Pose Photo Contest promotion (the “Promotion”), which is being conducted by WTOG-CW44 (the “Station”). The Promotion begins on Monday, March 31, 2014 and ends on Friday, April 4, 2014 (the “Promotion Dates”). The photo submission portion of the promotion runs from March 31, 2014 at 12:01am ET through April 4, 2014 at 11:59pm ET. The winner will be selected on Monday, April 7, 2014.
- To participate in the Promotion, entrants may submit their photo on cw44.com beginning on Monday, March 31, 2014 at 12:01am Eastern Time (“ET”) and ending on Friday, April 4, 2014 at 11:59pm ET (the “Entry Period”) as follows:
The person entering the Promotion must be the person in the Photo Entry being submitted. The Photo Entry may not contain any other person’s victory pose besides the entrant’s. Any Photo Entries that contain other victory poses besides the entrant’s will not be considered and will be disqualified from the Promotion. Internet Photo Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry.
Each Photo Entry must be the original creative work of the entrant and must not contain any copyrighted materials or any other materials which may be restricted, prohibited, or outlawed by federal, state or local laws. Any entry found to contain copyrighted materials will be disqualified. All Photo Entries and their content become the property of the Station and will not be returned. The Station, in its sole discretion, reserves the right to disqualify, destroy, and/or report any Photo Entry if such entry contains illegal, indecent, pornographic, sexually explicit content, or otherwise offensive material such as aberrational behavior, graphic violence or drug abuse, or if such Photo Entry contains material whose content is deemed at the sole discretion of the Station to be unsuitable for public viewing or posting via the Internet. The Photo Entry may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights including but not limited to copyrights or trademarks. WTOG-CW44 reserves the right to edit the Photo Entry. Photo Entries that do not comply with these rules will not be considered and will be disqualified from the Promotion.
- Only one (1) entry per person is permitted during the Entry Period. Entries will not be reset and Photo Submissions, once submitted, will remain eligible for all subsequent prize winner selections. One prize winner selected in the Promotion will win a 4-pack of Lightning Hockey tickets and an autographed Dave Andreychuk hockey puck.
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all persons who are legal U.S. residents 18 years of age or older and who reside in the Tampa Metropolitan (Hillsborough, Pinellas, Pasco, Hernando, Polk and Manatee Counties, Florida). Void where prohibited or restricted by law. Employees, officers, directors and agents of the Lightning, WTOG-CW44 and their corporate affiliates, Station’s advertising and promotional agencies, participating sponsors, prize suppliers, their respective affiliates (collectively, the “Promotion Entities”) and other TV stations in the Tampa metropolitan area, the members of their immediate families (spouse, parents, siblings or children) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Promotion is subject to all applicable federal, state and local laws and regulations. By participating, entrant agrees to comply with these Official Rules and the decisions of the Station, which are final and binding in all respects.
b. Persons are eligible to win a prize in a promotion conducted by the Station only once every thirty (30) days and a prize valued at $600 or more only once every six (6) months. Only one (1) winner per household is permitted in any Station Promotion.
c. The winner(s) may be required to present valid government-issued photo identification and must provide winner’s complete address, date of birth and phone number to claim a prize(s).
d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entrant who does not meet the eligibility requirements and will also delete any entry as required by law.
- One (1) prize of a 4-pack of tickets to the Lightning Hockey game on April 10, 2014 and an autographed Dave Andreychuk hockey puck. Approximate Retail Value (“ARV”) of the Prize is $200.00.
b. Tickets are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will tickets be replaced if lost or stolen. Tickets may not be sold to a third party. If a prize-related event is unable to take place as scheduled, for reasons such as cancellation, preemption, postponement or unavailability, including for weather, or for any reason beyond the control of the Promotion Entities, their sole responsibility to the winner(s) will be to award the remaining available elements of the prize(s) and no substitution or compensation will be provided for the unawarded elements of the prize(s). The Station, in its sole discretion, reserves the right to deny entry to or to remove the winner(s) and/or guest(s) if either engages in disruptive behavior or in a manner with intent to annoy, abuse, threaten or harass any other person at the event.
- No more than the stated number of prizes specified in these official rules will be awarded. The prize must be claimed at the office of the Station at the address below during regular business hours. The Prize winner will forfeit any prize not claimed within two (2) days of notification. In the event that a prize is mailed or shipped to the winner(s), it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Station is not responsible for the safe arrival of a prize.
- Prize is not transferable, and no substitution, assignment or cash equivalent of prize is permitted, except by the Station (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. The prize is expressly limited to the item(s) listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Promotion Entities are not responsible for winners’ limitations that prevent acceptance or use of prize. Entrants acknowledge that the Promotion Entities have not made, and are not in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties, expressed or implied, whether by contract or law, concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition or fitness for a particular purpose. Other restrictions may apply.
4. WINNER SELECTION AND NOTIFICATION
a. Decisions of the Station management with respect to the Promotion are final.
b. One Winner will be selected by the judgment of the Panel comprised of up to three (3) Station employees, considering creativity (33.3%), originality (33.3%), and overall appearance (33.3%) of the victory pose. All decisions regarding the selection of the Prize winner are in the sole and absolute discretion of the Station. On Monday, April 7th, 2014 CW44 will determine the Prize winner, the Station will notify the winner via telephone or email.
c. Odds of winning a Prize will be based in part on the number of eligible entries received during the Entry Period.
d. The Prize winner need not watch or be present to win.
e. The Prize winner will be notified by telephone on Monday, April 7th, 2014. Prize will be awarded only upon confirmation of eligibility and completion of all requisite releases. The Prize winner must execute and return any required affidavit of eligibility and/or liability/publicity release within two (2) days of winning or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return the required fully executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner. The winner may be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize(s) and will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the Station in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
b. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) permission for the Station or its designees to interview the winner (or guest(s), if applicable), to photograph, film and record each winner (or guest, if applicable), and to use in commerce and in any media, now or hereafter known, throughout the world, in perpetuity, his/her name, prize won, hometown (city and state), biographic information, likeness, photograph, voice, audio or video recording and/or any statements made by him/her regarding the Station, the Promotion and/or its sponsor for purposes of trade, publicity or promotion without notice or additional compensation, notification or permission, in perpetuity, except where prohibited by law. Each winner (and guest, if applicable) agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
c. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s (and guest’s, if applicable) agreement to release, discharge, and hold harmless the Promotion Entities and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, the “Released Parties”) from and against any and all claims or liability arising directly or indirectly from any prize(s) awarded and participation in the Promotion, including, but not limited to, personal injury, death or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Promotion, or delivery, possession, acceptance and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery.
d. If for any reason this Promotion cannot be executed as planned, including but not limited to, as a result of infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Released Parties that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Promotion, or if the Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, the Station reserves the right to cancel, terminate, suspend and/or modify the Promotion. If the Promotion is terminated before the original end date, the Station reserves the right, in its sole discretion to, to modify the procedure for selecting a winner, unless the nature of the event giving rise to such termination renders it impossible to select a winner.
e. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure or omission; (iii) unauthorized human intervention; (iv) lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries; (v) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, telephone service outages, delays, busy signals, poor signals or signal interference, accidental disconnection or equipment malfunctions or any other technological problems or failures of any kind; or (vi) any cancellations, delays, diversions, substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Released Parties’ control.
f. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins or any other methods may void that entrant’s entries and that entrant may be disqualified. The use of any device to automate entry is prohibited. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, promotion entry services or proxies) will void all entries by that entrant at the Station’s discretion. The Station’s or its Promotion administrator’s computer or telephone system is the official time keeping device for this Promotion. In the event of a dispute, online entries will be deemed to have been submitted by the Authorized Account Holder. The “Authorized Account Holder” is the natural person who (i) is assigned to an email address by an internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address or (ii) is assigned to the text or mobile telephone number by a telecommunications provider, or other organization that is responsible for assigning such numbers. The Station, in its sole discretion, reserves the right to disqualify any person who it believes is tampering with the entry process or the operation of the Promotion. Failure to comply with the rules of the Promotion may result in an entrant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station may disqualify that entrant from entering and/or winning this and any or all future Station-administered Promotions and seek damages to the fullest extent permitted by law.
g. The Station reserves the right to make changes to the rules of the Promotion, including, without limitation, the substitution of a prize of equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Promotion Entities, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to cancel, terminate, suspend or modify the Promotion and shall not be required to award a substitute prize(s).
h. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize(s) awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have any damages awarded multiplied or increased. New York law governs the interpretation and construction of these Official Rules and all aspects related thereto.
i. For a copy of these Official Rules, send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by June 4, 2014 to “Lightning’s Best Dave a. Victory Pose Photo Contest– Official Rules,” Attn: Promotions, WTOG-CW44, 365 105th Terrace N.E., St. Petersburg, FL 33716. For the name of the prize winner send a self-addressed stamped envelope (VT residents may omit return postage) for receipt by June 4, 2014 to the above address marked “Lightning’s Best Dave a. Victory Pose Photo Contest – Winner List.” The Official Rules and the Winner List (when completed) shall also be available during regular business hours at the main offices of the Station and may be posted online at http://www.cw44.com.
Sponsor: WTOG-CW44, 365 105th Terrace N.E., St. Petersburg, FL 33716.