KIRO 7 TV Whale Watching Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE STATE OF WASHINGTON, AGE 18 OR OLDER AS OF THE DATE OF ENTRY. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED. WASHINGTON LAW GOVERNS THIS SWEEPSTAKES.
A FACEBOOK ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”).
BY ENTERING THE SWEEPSTAKES, YOU (“ENTRANT” OR “YOU”) MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING.
1. ELIGIBILITY: The KIRO 7 TV Whale Watching Sweepstakes (the “Sweepstakes”) is open only to legal residents of the state of Washington who are 18 years of age or older as of the date of entry and who have a valid Facebook account. Employees, officers, directors (and their immediate families and those living in their same household, whether related or not) of KIRO-TV (“Sponsor”), Clipper Vacations, Cox Broadcasting, Cox Enterprises, Inc. and each of their subsidiaries, affiliates and advertising, promotion and Internet agencies; any other broadcasting organization in the Seattle Designated Market Area and all such employees’ immediate family and household members; and Second Street Media Solutions, Inc. (“Administrator”) and their respective parent companies, subsidiaries, affiliates, advertising, promotion and production agencies are not eligible. Void where prohibited by law.
2. Sweepstakes Period. The Sweepstakes begins on or about May 26, 2014 at 12:00:01 p.m. Pacific Time (“PT”) and ends on May 30, 2014 at 12:00:01 p.m. PT (the “Sweepstakes Period”). After the end of the Sweepstakes Period, a Winner (defined in Section 6 below) will be selected, as provided in Section 4 below.
3. How to Enter: There is one way to receive your initial entry into this Sweepstakes: by “liking” KIRO 7’s Facebook page (“Like’ Entry”). After you enter, you may have the opportunity for additional entries by referring Facebook friends to the Sweepstakes (“Referral Entry”). Referral Entries and “Like” Entries are each an “Entry” and collectively referred to as “Entries”.
a. Entry by “Like” Entry: During the Sweepstakes Period, You can enter the Sweepstakes by visiting the KIRO 7 page at https://www.facebook.com/KIRO7Seattle, and “liking” KIRO 7 Facebook page (if You already “like” KIRO, You may skip this step), and then follow the links and instructions to join the Sweepstakes application (the “Application”). Through the Application interface, you must provide Your information in the entry form (including, but not limited to, Your name, email address, phone number, and birthdate) and then click “submit”. By completing all of the steps in this paragraph you will receive one (1) Entry into the Sweepstakes.
b. Entry by Referring Friends: After you submit a “Like” Entry, the Sweepstakes allows You to receive additional Entries into the Sweepstakes by referring additional individuals to the Sweepstakes (“Referred Individuals”). For each time a Referred Individual submits an Entry under Subsection 3(a) above to the Sweepstakes, subject to eligibility restrictions and limitations of total number of entries described below, Your name will be entered in the Sweepstakes as a Referral Entry. You may receive up to fifty (50) Referral Entries into this Sweepstakes. All Referred Individuals who complete and submit an Entry will be entered into the Sweepstakes and treated as a regular participant. Referred Individuals must abide by the Official Rules herein, including, but not limited to, eligibility restrictions. REFERRAL OF INDIVIDUALS IS NOT A REQUIREMENT OR CONSIDERATION TO ENTER THE SWEEPSTAKES.
c. Limit: LIMIT OF ONE (1) “LIKE” ENTRY PER PERSON AND LIMIT OF FIFTY (50) ADDITIONAL Referral EntrIES PER PERSON DURING THE SWEEPSTAKES PERIOD. All individuals will have the same opportunity to enter the same number of times. Any attempt by any Entrant to enter more than once during the Sweepstakes Period using the same, multiple/different Facebook accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant’s Entries, and that Entrant may be disqualified from the Sweepstakes, in Sponsor’s sole discretion. Use of any automated, script, software, macro, robotic program, or any other automated or improper means to submit entries may result in the disqualification, in the sole discretion of the Sponsor, of the Entries themselves, the Entrant, or both. Sponsor’s liability for any irregular entry shall be limited to replacement of another entry.
4. Winner Selection: One (1) potential Winner will be selected in a random drawing from among all Entries received during the Sweepstakes Period. The random drawing will be conducted by Sponsor’s designated representative, whose decisions regarding the random drawing will be final. Odds of winning a Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
5. WINNER NOTIFICATION AND VERIFICATION: The potential winner will be notified by email or phone within a reasonable time following the Sweepstakes Period. If the potential winner cannot be reached within twenty-four (24) hours of the initial notification attempt, he or she may be disqualified and the prize may be awarded to an alternate winner (as described below). The potential winner for the Sweepstakes Period will be notified via email and may be posted to an email to entrants or on Facebook. If Your name has been selected as provided in Section 4, you understand that Your receipt of a Prize is subject to the following: The potential winner will be required to (a) visit KIRO 7 at 2807 3rd Avenue, Seattle, WA 98121 to accept their prize in person; (b) complete and sign an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release; and (c) verify their identity by providing a valid Washington State driver’s license or other form of identification deemed acceptable by Sponsor in its discretion. If any Prize, Prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, if the potential Winner does not respond according to the notification’s or Sponsor’s instructions, or if the potential Winner fails to comply with these Official Rules, the Prize will be forfeited in Sponsor’s sole discretion and an alternate Winner may be selected (time permitting) based on the original method of Winner selection, in Sponsor’s sole discretion. If legitimately claimed, the Prize(s) will be awarded. Upon Prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that Entrant. To claim a Prize, Winner must follow the directions in his or her notification.
6. PRIZE: One winner, subject to verification of eligibility and compliance with these Official Rules, will receive a trip for two to San Juan Island, Washington with an estimated value of $608.25 (“Prize”). Trip includes:
Whale watching voucher expires 5-31-15. Whale watching trips run daily May 22-Sep 28 for 2014. Earthbox Inn & Spa voucher is good for a two-night stay Sunday through Thursday Nights (excluding holidays) and expires June 30, 2015 and is subject to availability. No Prize may be sold, auctioned or traded. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a Winner with the Prize, the Sponsor may elect to provide such Winner with the value of such item in cash or award an alternate prize of comparable or greater value. All federal, state, local taxes on the Prize value, if applicable, are the sole responsibility of the winner. The Winner will be required to provide Sponsor with a valid social security number or tax identification number and sign a W-9 before the Prize will be awarded for tax reporting purposes. An IRS form 1099 will be issued in the winner’s name if required by law. The Prize will be awarded if properly claimed. No substitution, cash redemption, or transfer of the right to receive the Prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. The Prize consists only of the item expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize are the responsibility of the winner. The odds of winning will depend on the number of entries received.
All expenses and incidental travel costs not expressly stated in the prize package description above, including costs of meals, parking, ground transportation, gratuities, transportation to and from port, incidentals, passenger tariffs or duties, surcharges, fees, service charges or facility charges, personal charges at lodging, security fees, taxes, and all other expenses not specified above, are the sole responsibility of Prize winner. Prize may be subject to blackout periods, and other restrictions may apply. Travel is subject to the terms and conditions set forth in this Sweepstakes and those set forth by the Sponsor’s vendors of choice. Prize winner and guest are responsible for obtaining any insurance (including but not limited to, any travel or health insurance).
Prize winner and travel companion are responsible for obtaining identification documents necessary for travel. Prize winner may be required to present a credit card at time of hotel check-in. Prize winner and travel companion must travel on identical itinerary. Unless a child of the Prize winner, guest must be at least eighteen (18) years of age as of the date of departure. If Prize winner does not designate a guest in accordance with these Official Rules, no consideration will be provided to the Prize winner for the value of the guest’s portion of the prize package. No credit or cash will be given for any unused portion of the Prize.
No refund or compensation will be paid in the event of the cancellation or unavailability of any portion of the prize. All tickets and vouchers provided as part of the prize are subject to certain terms and conditions specified by issuer. The terms and conditions of the tickets and vouchers may govern if any part of the prize is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers, or certificates.
7. ReleasE: YOU AGREE TO RELEASE, HOLD HARMLESS, AND INDEMNIFY SPONSOR, ADMINISTRATOR, FACEBOOK, INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES AND PRIZE SUPPLIERS AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM, CAUSE OF ACTION, EXPENSE, OR ANY LIABILITY WHATSOEVER (INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THIS SWEEPSTAKES OR YOUR ENTRY, INCLUDING FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE, MISUSE, OR AWARDING OF THE PRIZE. WINNER AGREES THAT THE PRIZE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitations of Liability: Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical or other errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, viruses, defects, delays or disconnections in phone lines, cable or satellite systems, computers, or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical, computer, network or human error that may occur in the administration of the Sweepstakes, the uploading, the processing or drawing of Entries, the announcement of the Winner or in any Sweepstakes-related materials, including without limitation these Official Rules; (e) late, lost, undeliverable, damaged, or stolen mail or misdirected or undeliverable Entries; (f) electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email account to receive email messages, or email addresses or mailing addresses that are incomplete, inaccurate or have changed; or (g) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes, receipt, or use or misuse of any Prize (including any travel/activity related thereto). Released Parties are not responsible for any unauthorized third-party use of any Entry.
Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Entrant or Winner or any person claiming through such Entrant or Winner for failure to supply a Prize or any part thereof in the event that any of the Sweepstakes’ or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order, or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order, or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
9. GENERAL RULES: Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the Winner from among all non-suspect, eligible Entries received up to the time of such action using the random drawing procedure outlined above. Sponsor reserves the right, at its sole discretion, to disqualify any individual who Sponsor determines (a) has failed to follow instructions; (b) has failed to fill in all required fields; (c) may have tampered or attempted to tamper with the entry process or the operation of the Sweepstakes; (d) to have provided false information; or (e) to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner, and to void all associated Entries. Sponsor may prohibit any potential entrant from participating in the Sweepstakes or winning a prize if, in Sponsor’s sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intends or is attempting to annoy, abuse, threaten, or harass any other entrants or any representative of Sponsor. Entry times will be determined using Sponsor’s computer, which will be the official clock for the sweepstakes. All federal, state, and local laws and regulations apply. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the authorized account holder of the email address submitted at the time of entry, but only if that person meets all of the eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential Winner may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible.
Acceptance of a Prize constitutes permission for the Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees to use Winner’s name and/or likeness for any commercial, advertising, or promotional purpose, in all media and formats now known or later developed, without further notice or compensation, unless prohibited by law. By participating in this promotion, Entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final and binding in all respects. In no event will more than the stated number of prizes be awarded.
10. DISPUTES: By entering the Sweepstakes, each Entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, 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 Sweepstakes, 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, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Washington without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Washington. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Washington, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Sweepstakes. IN NO EVENT SHALL SPONSOR OR ITS RELATED ENTITIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.
12. Winner List: To obtain a copy of these Official Rules or for notification of the Winner, send a self-addressed stamped envelope to: KIRO-TV, 2807 Third Avenue, Seattle, WA 98121. Please specify whether you are requesting a copy of these Official Rules or a Winner’s list and the name of the Sweepstakes. Requests for a Winner’s list must be received no later than three (3) months after the end of the Sweepstakes Period.
13. Sponsor: This Sweepstakes is sponsored by KIRO-TV, Seattle, Washington, and administered by Second Street Media Solutions, Inc., St. Louis, Missouri.