OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR
CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND
REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility. Subject to the additional restrictions below, Fantastic Sams
“Best Prom Up-Do Contest” (the “Contest”)
is open to residents of the states of Pennsylvania, West Virginia, Maryland,
and Ohio who are 16 years or older at the time of entry. Employees of COX
Enterprises, Inc., COX Media Group, LLC, Fantastic Sams, Franchise Corp. WPXI,
Inc. d/b/a WPXI-TV (“Sponsor”) and each of their respective affiliated
companies, subsidiaries, and advertising and promotional agencies, and the
family members of, and any persons domiciled with, any such employees, are not
eligible to enter or to win. The term “family members” includes spouses,
parents, grandparents, siblings, children, grandchildren and in-laws,
regardless of where they live.
3. How to Enter. The Contest Entry Period will begin at 12:00 pm Eastern
Daylight Time (“EDT”) on Friday, May 27, 2016 and end at 11:59 pm EDT on Sunday, June 12, 2016 (the “Entry Period”). Sponsor will be the official timekeeper
for the Contest.
During the Entry Period, enter by visiting Fantastic Sams “Best Prom Up-Do
Contest” official registration page at WPXI.com (the “Site”) and completing all
of the required information and following all posted instructions to enter your
personal information (name, address, date of birth, phone number, email
address, and parent/legal guardian’s name, address, phone number, and email
address) and a photograph of your best prom up-do (the “Image”)
All Images
submitted with an entry are subject to the Entry Restrictions and Warranties below.
By
participating in the Contest, you agree to be bound by Sponsor’s Visitor
Agreement (www.wpxi.com/visitoragreement) and Privacy Policy (www.wpxi.com/privacypolicy) which are hereby incorporated by
reference.
Limit one (1)
entry per person and per email address during the Entry Period.
The use of multiple identities and/or accounts is prohibited, and any attempt
to obtain more than the stated number of entries will void that participant’s
entries and may result in participant’s disqualification. Incomplete, forged,
altered, automated, mechanically-reproduced, lost, late, misdirected, garbled
or illegible entries will be disqualified. Sponsor will not be responsible for
failure to receive entries due to transmission failures or technical failures
of any kind, including, without limitation, malfunctioning of any network,
hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest
application service provider. In the event of a dispute, all online entries
will be deemed to have been submitted by the owner of the ISP account from
which they were sent, provided that such person satisfies all other Contest
eligibility requirements. For these purposes, an ISP account holder shall mean
the natural person assigned to such ISP account by the Internet access
provider, online service provider or other organization responsible for
assigning ISP addresses for the domain associated with such ISP account.
All entries become property of Sponsor and none will be returned. Any questions
regarding the number of entries submitted or the owner of an ISP account shall
be determined by Sponsor in its sole discretion, and Sponsor reserves the right
to disqualify any entries by persons who submit false or misleading entry
information or who Sponsor determines to be tampering with or abusing any
aspect of the Contest.
4. Entry Restrictions
and Warranties. The Image included with
your entry: (1) must not contain any material that would violate or infringe
upon the rights of any person or entity, including without limitation
copyrights, trademarks or rights of privacy or publicity, in violation of or
contrary to any applicable laws or regulations, or which requires a license
from any third party; (2) must be an image to which you have full rights in and
to submit as your entry in this Contest and to give Sponsor the right to use
said image, unrestricted and without compensation, commercially as described
below; (3) cannot be a photo taken by a
professional photographer or any photographer who sells his/her photographs; (4)
depict trademarked apparel; (5) must be suitable for a general audience; (6)
cannot contain any nudity, sexually explicit, disparaging, libelous or other
inappropriate content (all as determined in the sole discretion of Sponsor); (7)
cannot contain any commercial content that promotes any product(s) or
service(s) other than Sponsor; (8) cannot contain any trademarks, copyrighted
works or other intellectual property (other than works and intellectual
property that you own, or for which you have obtained royalty-free rights for
Sponsor to use in connection with this Contest (collectively, “Authorized
Assets”)). Any elements appearing in
your entry must be entirely original, created by you, be in the public domain,
or be an Authorized Asset. Use of any
materials that are not original to you, not in the public domain, or that are
not an Authorized Asset may result in disqualification. Sponsor reserves the right to disqualify any
entry that violates the foregoing restrictions, as determined by Sponsor in its
sole discretion.
By entering, you grant
to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free,
sub-licensable, freely assignable license to reproduce your entry and any
Image(s) and to otherwise use, exploit, copy, modify, adapt, edit, publish and
display the entry and/or Image(s) in any form, manner, venue, media or
technology now known or later developed for any and all purposes, including,
without limitation, for purposes of trade, advertising, and promotion as
Sponsor and its licensees or assignees determine, without further compensation,
notification, or permission. Further, by entering, you hereby waive any moral
rights you may have in any entry or entries in favor of the Sponsor.
5. Voting Period. All eligible entries will be
posted at the Site on or about June 13, 2016. Members of the public can vote for
their favorite entry by visiting the Site at any time from June 13, 2016
at 12:00 am EDT through June 26, 2016, at 11:59 pm EDT (“Voting
Period”). Members of the public can vote as many times as they would like
during the Voting Period. Illegible and incomplete votes are void. Sponsor is not
responsible for lost, late, misdirected votes or votes not received regardless
of cause.
6. Winner
Selection and Odds. On or about June 27,
2016, Sponsor will tally all votes received during the Voting Period and
determine the entry with the most votes.
Pending confirmation of eligibility and compliance with these rules, the
entry with the most votes will be declared the potential winner.
In the event
of a tie, the tied entry submitted at the earliest time and date will be
declared the winner.
Please note
that even if you are shown as the leader at the close of the Contest Period,
you have not yet won. All results are
unofficial until verified by Sponsor.
Odds of winning depend on the number of eligible entries received and
the number of votes cast.
7. Prize
Description. One (1) Grand Prize: Subject to verification of eligibility and
compliance with these Official Rules, the winner will receive one (1) $250 Visa
Gift Card.
Approximate
Retail Value (“ARV”): $250.
The prize is
subject to certain terms and conditions as specified by issuer. Sponsor is not responsible for, and will not
replace, lost, mutilated, or stolen gift card.
8. Winner Notification and Acceptance. Potential
winners will be notified on or about June
27, 2016 at the telephone number or email address provided on the entry form.
In order to claim a prize, potential winner must respond to Sponsor’s
notification within forty-eight (48) hours of notice or attempted notice.
To claim
his/her prize, the potential winner must personally visit Sponsor’s office at
WPXI-TV, 4145 Evergreen Road, Pittsburgh, PA
15214 within five (5) business days after notification (office visits
must be between the hours of 9:00 a.m. (EST) and 5:00 p.m. (EST) weekdays) and
must present a valid government-issued photo ID.
Potential winner’s parent/legal guardian may be required to complete an
affidavit of eligibility, and a liability and publicity release (except where
prohibited by law), which must be notarized and returned within five (5) business
days of notification. Sponsor’s inability to reach a potential winner after a
reasonable (as solely determined by Sponsor) effort has been made, the failure
of a potential winner to timely respond to a prize notification, the return of
any prize notification as undeliverable, and/or a potential winner’s failure to
comply with any term or condition of these Official Rules may, in Sponsor’s
sole discretion, result in the potential winner’s disqualification and the
selection of a substitute winner by a random drawing from among all remaining
eligible entries received during the Contest Period. Sponsor will conduct up to
five (5) alternate drawings, after which the prize will remain unawarded.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS
COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.
A winner may waive the right to receive a prize. Prizes are non-assignable and
nontransferable and cannot be redeemed for cash. No substitutions allowed by
winner. Prizes and individual components of prize packages are subject to
availability. Sponsor reserves the right to substitute prizes or components of
prize packages with a prize or component of equal or greater value. Winner is
solely responsible for reporting and payment of any taxes on a prize. Winner and/or
winner’s parent/legal guardian may be required to provide his/her valid Social
Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in
order to claim a prize. Winners are solely responsible for all federal, state
and local taxes on prize value and, as applicable, will be issued an IRS Form
1099 based on the prize value determined by Sponsor. Prizes not won and claimed
by eligible winners in accordance with these Official Rules will not be awarded
and will remain the property of Sponsor.
9. AUTHORIZATION. BY
ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) THE IMAGE INCLUDED
WITH YOUR ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT
INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL
RIGHTS OF ANY THIRD PARTY; (II) YOU HAVE OBTAINED PERMISSION TO SUBMIT THE
IMAGE FROM THE OWNER OF ANY COPYRIGHT INTERESTS IN AND TO THE IMAGE IF ANYONE
OTHER THAN YOU HAS/HAD ANY SUCH RIGHTS, AND YOU CAN MAKE THOSE PERMISSIONS
AVAILABLE TO SPONSOR UPON REQUEST; (III) THE IMAGE YOU ARE SUBMITTING HAS NOT
PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY
UNDER CONSIDERATION FOR PUBLICATION; AND (IV) YOU WILL NOT DISSEMINATE OR
OTHERWISE SUBMIT YOUR IMAGE TO ANY OTHER ENTITY FOR PUBLICATION.
10. Publicity.
Except where prohibited, acceptance of any prize constitutes the winner’s and
winner’s parent/legal guardian’s irrevocable consent to the publication or
other use by Sponsor and its licensees of winner’s entry, including the image
submitted with entry, name, certain biographical information and likeness in
any media, including the Internet, for any commercial, publicity or promotional
purpose, without limitation, review or approval, or additional compensation.
11. Participation. By participating, participants and participants’
parents/legal guardians agree to be bound by these Official Rules and the
decisions of Sponsor and any Contest judges or administrators selected by
Sponsor, which are final and binding in all respects. Sponsor reserves the
right to disqualify persons found tampering with or otherwise abusing any
aspect of this Contest as solely determined by Sponsor. Sponsor reserves the right to cancel or modify
the Contest for any reason, including, but not limited to, in the event the
Contest is compromised by a virus, non-authorized human intervention, tampering
or other causes beyond the reasonable control of Sponsor which corrupt or
impair the administration, security, fairness, integrity or proper operation of
the contest as determined by Sponsor, in its sole discretion. Should
the Contest be terminated prior to the stated expiration date, Sponsor reserves
the right to award prizes based on the entries received before the termination
date. Proof of sending or submission of an entry will not be deemed proof of
receipt by Sponsor.
12.
Release. BY PARTICIPATING IN THE CONTEST,
EACH PARTICIPANT AND EACH PARTICIPANT’S PARENT/LEGAL GUARDIAN, AGREES TO FULLY
RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, COX MEDIA GROUP, LLC, COX
ENTERPRISES, INC., FANTASTIC SAMS FRANCHISE CORPORATION, AND THEIR RESPECTIVE
SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION
AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY,
THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES,
LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT
LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF
PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1)
PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR
MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST
OR ANY PRIZE.
13. Limitations of Liability. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT
AND EACH PARTICIPANT’S PARENT/LEGAL GUARDIAN, ACKNOWLEDGES AND AGREES THAT
EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE AND THE PRIZE(S), ARE
PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL
SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED
PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE
INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR
BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE CONTEST;
(2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS,
INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR
SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS
OR THE CONTEST; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE
ADMINISTRATION OF THE CONTEST, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION
OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE
CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S
PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Only the number of prizes stated in these Official Rules is available to be won
in the Contest. 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, Sponsor reserves the
right to award the prizes by a random drawing among all legitimate eligible
prize claims.
LIMIT: One (1) winner per household every sixty (60)
days for prizes with ARV less than $500.00.
LIMIT: One (1) winner per household every six (6)
months for prizes with ARV of $500.00 or more.
14. Construction. The invalidity or unenforceability of any provision of these
rules shall not affect the validity or enforceability of any other provision.
In the event that any such provision is determined to be invalid or otherwise
unenforceable, these Official Rules shall be construed in accordance with their
terms as if the invalid or unenforceable provision was not contained therein.
15. Sponsor. Fantastic Sams “Best Prom Up-Do Contest” is sponsored WPXI, Inc.
d/b/a WPXI-TV, 4145 Evergreen Road. Pittsburgh, PA 15214. The decisions of
Sponsor regarding the selection of winners and all other aspects of the Contest
shall be final and binding in all respects. Sponsor will not be responsible for
typographical, printing or other inadvertent errors in these Official Rules or
in other materials or announcements relating to the Contest. For a list of
winners (available after June 30, 2016) or a copy of these Official Rules, send
a self-addressed, stamped envelope to “Winners List/Official Rules” (as
applicable), Fantastic Sams “Best Prom Up-Do Contest”, 4145 Evergreen Road.
Pittsburgh, PA 15214.
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