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KIRO 7 Santa’s Favorite Pet Contest
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS
NECESSARY TO ENTER OR WIN THIS CONTEST.
OPEN ONLY TO LEGAL RESIDENTS OF THE FOLLOWING COUNTIES IN THE STATE OF
WASHINGTON: CHELAN, CLALLAM, CLARK, COWLITZ, DOUGLAS, GRAYS HARBOR, ISLAND,
JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SAN JUAN, SKAGIT,
SKAMANIA, SNOHOMISH, THURSTON, WAHKIAKUM, AND WHATCOM. YOU MUST BE 18 OR OLDER
TO ENTER. VOID WHERE PROHIBITED.
WASHINGTON LAW GOVERNS THIS CONTEST.
A FACEBOOK ACCOUNT AND INTERNET ACCESS
ARE REQUIRED FOR ENTRY. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR
ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”).
BY ENTERING THE CONTEST, YOU MUST
AGREE TO THESE OFFICIAL RULES (“OFFICIAL RULES”) WHICH CREATE A CONTRACT SO
READ THEM CAREFULLY BEFORE ENTERING.
1. ELIGIBILITY: The “KIRO 7 Santa’s
Favorite Pet” Contest (the “Contest”) is open only to legal residents of the
following counties in the state of Washington: Chelan, Clallam, Clark, Cowlitz,
Douglas, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific,
Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and
Whatcom. You must be 18 years of age or older as of the date of entry and have
a valid Facebook account to enter. Employees, officers, directors (and their
immediate families and those living in their same household, whether related or
not) of KIRO-TV (“Sponsor”), 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. CONTEST PERIOD: Contest begins on
Friday, December 5, 2014 at 5:00 p.m. Pacific Standard Time (“PST”) and ends on
December 31, 2014 at 12:00 p.m. PST (the “Contest Period”). The Contest Period
will be made up of two phases: an Entry Phase and a Voting Phase. The “Entry
Phase” begins on Friday, December 5, 2014 at 5:00 p.m. Pacific Standard Time
(“PST”) and ends on Friday, December 19, 2014 at 5:00 p.m. PST. The “Voting
Phase” begins on Friday, December 19, 2014 at 5:01 p.m. PST and ends on
December 31, 2014 at 12:00 p.m. PST (“Voting Period”). Sponsor will be the official timekeeper for
the Contest.
3. HOW TO ENTER THE PHOTO CONTEST: To
enter, during the Entry Phase go to the KIRO 7 Facebook page at https://www.facebook.com/KIRO7Seattle
(the “Site”) and follow the on-screen instructions to submit an entry via the
application provided under the “APPS” tab on the Site (the “Application”). You
must complete all of the required information (including, but not limited to, your
name, email address, phone number, and birthdate) and follow all posted
instructions. As part of the registration, you must upload an original, digital
photograph (“Photograph”) that features your pet and conveys a winter holiday
theme. Photographs must be in a file format and file size compatible with the
upload mechanism provided on the Site. To complete your entry, click “submit”. There
is a limit of one entry per person under this Section 3. All entries become property
of Sponsor and none will be returned. All individuals will have the same
opportunity to enter the same number of times.
4.
PHOTOGRAPH
SUBMISSION REQUIREMENTS: All
Photographs must comply with the following requirements: (a) the Photograph (including the copyright
in the Photograph) must be owned by the entrant and must be original; (b) the
Photograph must not previously have been published or won any award; (c) the
Photograph must not depict or refer to any brand or trademark other than KIRO
7; (d) the Photograph must not contain any material that is defamatory,
threatening, indecent, violent, obscene or offensive, or that promotes a
political agenda; (e) the Photograph must not contain any material that
violates or infringes upon the rights of any third party, including without
limitation copyrights, trademarks or rights of privacy or publicity, or that is
unlawful, in violation of or contrary to any applicable laws or regulations, or
whose use by the Released Parties (as defined in Section 10) requires a license
or permission from or payment to any third party; (g) if the Photograph
identifies or depicts any person other than the entrant, the entrant must have
prior to submission obtained such person’s consent to the use by the Sponsor
Parties of the Photograph including such person’s name, image and/or other
identifying information, as applicable, as permitted hereunder, and you can
provide evidence of that consent available to Sponsor upon requirement; and (h)
the Photograph must not contain any material that Sponsor, in its sole
discretion, deems inappropriate for public viewing and/or for posting on the
Website. By submitting a Photograph, the
entrant represents and warrants that he or she has complied with all of the
foregoing requirements and has obtained all permissions, licenses and consents
that are necessary for the submission of the Photograph and the use of the
Photograph as permitted pursuant to Section 13 of these Official Rules and to
verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at
Sponsor’s request copies of all such permissions, licenses, and consents. Sponsor reserves the right, in its sole
discretion, to disqualify and/or not to post on the Site any Photograph that
Sponsor determines does not comply with these requirements, to make such
changes to any Photograph as are necessary to make it compliant, or to require
the entrant to do so.
5. HOW TO VOTE: To vote, during the Voting
Phase go to either http://www.kirotv.com/ (“KIRO Website”) or
the Site and follow the links and instructions to register and vote for your
favorite Photograph. You must complete all of the required information and
follow all posted instructions. You may vote for your favorite Photograph up to
once a day. Each time you vote, you will receive one entry (“Voting Entry”)
into a random drawing to win the Voting Prize.
6.
PHOTO
WINNER SELECTION: During the Voting Phase, all Photographs that appear to satisfy
the submission requirements will be posted to the Site and the KIRO Website. Site
and KIRO Website visitors will have the opportunity to vote for their favorite
Photograph once per day per person. The eligible entrant whose Photograph
receives the most votes during the Voting Phase will be the potential first
place winner (“First Place Winner”), and the eligible entrant whose Photograph
receives the second-greatest number of votes is the potential second place
winner (“Second Place Winner”). In the event of a tie, the potential winner
will be randomly selected from among the tied entrants. Posting a Photograph on
the Site during the does not constitute a determination by Sponsor that the
entrant who submitted the Photograph is eligible to participate in the Contest
or that the entry otherwise complies fully with these Official Rules. Odds of
winning will depend on the total number of eligible entries received and the
skill of the entrants in satisfying the criteria set out above.
7. VOTING WINNER SELECTION: One potential
winner will be selected in a random drawing from among all eligible Voting
Entries received during the Voting Phase (“Voting Winner”). 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 Voting Entries received during the Voting Phase.
8. PRIZES: One First Place Winner will
receive a prepaid gift card in the amount of $1,000 (“First Prize”); one Second
Place Winner will receive a prepaid gift card in the amount of $500 (“Second
Prize”); and one Voting Winner will receive a prepaid gift card in the amount
of $250.00 (“Voting Prize” and collectively with the First Prize and Second
Prize, “Prizes”). The aggregate value of all Prizes is $1,750. A winner may
waive the right to receive a Prize. Prizes are non-assignable and
nontransferable and cannot be sold, auctioned, traded, or redeemed for cash. No
substitutions allowed by winner. Prizes and individual components of prize
packages are subject to change and availability. Sponsor reserves the right to
substitute Prizes or components of Prize packages with a prize or component of
equal or greater value. Each winner is solely responsible for reporting and
payment of any taxes on a Prize. A winner 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.
9.
WINNER
NOTIFICATION/PRIZE CLAIMS: Potential winners will be notified by January 5,
2014 at the telephone number or email address provided by the potential winner
when entering. Each potential winner is subject to verification. Potential winners
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 a potential winner cannot be reached
or does not respond within forty-eight (48) hours of the initial notification
attempt, or fails to complete and return to Sponsor an Affidavit of Eligibility
and Publicity/Liability Release (where permitted by law) within seven (7) days
of delivery to the potential winner of the same, the potential winner will be
disqualified. If a potential winner is disqualified for any reason, an
alternate winner will be selected to receive the applicable Prize from among
the remaining eligible entries based on the original method of winner
selection.
10. GRANT OF RIGHTS: As between you and
Sponsor, you retain ownership of all intellectual property rights in the
Photograph subject to these Official Rules. However, by submitting a Photograph
and entering this Contest, you hereby grant the Released Parties (defined
below) a non-exclusive, perpetual, worldwide, royalty-free license to modify,
rearrange, copy, reproduce, create derivative works of, distribute, use,
publish or otherwise publically display any or all of your entry, including the
Photograph and the content of and elements embodied in the Photograph,
including any names, locations, and likenesses, for the duration of the rights,
in any and all media (whether now existing or hereafter devised), in any
language, throughout the world, and in any manner, including in advertising and
for commercial and promotional purposes, without further review, notice,
approval, consideration, or compensation.
11. PUBLICITY RELEASE: By entering into
this contact, you grant the Released Parties permission to publish or otherwise
use your name, likeness, and biographical information in connection with this
Contest or for any commercial, advertising, or promotional purpose, in all
media and formats now known or later developed, without further notice,
approval, or compensation, unless prohibited by law.
12. DISCLAIMER: YOU AGREES THAT THE PRIZE,
AND ALL ASPECTS OF THIS CONTENT, 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.
13. RELEASE
FROM LIABILITY: 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 CONTEST 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.
14. LIMITATION OF LIABILITY: Released
Parties are not responsible for: (a) any incorrect or inaccurate information,
whether caused by participants, printing, typographical or other errors, or by
any of the equipment or programming associated with or utilized in the Contest;
(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
Contest; (d) technical, computer, network or human error that may occur in the
administration of the Contest, the uploading, the processing, or drawing of entries,
the announcement of winners, or in any Contest-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 Contest, 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. IN NO EVENT SHALL SPONSOR OR THE RELEASED
PARTIES 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 CONTEST.
15. FORCE
MAJEURE: 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 Contest’s 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.
16. GENERAL RULES: ANY ATTEMPT BY AN
ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH
AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH
INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right
at its sole discretion to disqualify any individual who tampers with the entry
process. Sponsor may prohibit any
potential entrant from participating in the Contest or winning a prize if, in
Sponsor’s sole discretion, it determines that said entrant is attempting to
undermine the legitimate operation of the Contest 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. Sponsor reserves the right, in
its sole discretion, to cancel, modify or suspend this Contest should a virus,
bugs, entrant fraud or misconduct, or other causes beyond the control of the
Sponsor corrupt the administration, integrity, security or proper operation of
the Contest. In the event of termination
of the Contest, a notice will be posted online and a winner will be selected
from among all eligible entries received prior to the time of termination. Entry times will be determined using
Sponsor’s computer, which will be the official clock for the Contest. All federal, state and local laws and
regulations apply. Each entrant will indemnify, defend and hold each of the Released
Parties and each of their successors, and the directors, officers, employees
and assigns of each of the foregoing, harmless from and against any and all
claims, actions, suits, proceedings and demands arising out of or relating to
the use by any of them of the Photograph as permitted hereunder, and all liabilities,
losses, injuries and/or damages to entrant or any other person arising out of
relating to the same. Entries will not
be verified or returned. By participating in this promotion, entrants agree to
be bound by the Official Rules and the decisions of Sponsor, which are final
and binding in all respects. The Released
Parties are not responsible for any typographical or other error in the
printing of the offer, administration of the Contest or in the announcement of a
Prize. In no event will more than the
stated number of Prizes be awarded. Non-compliance with these Official Rules
may result in disqualification.
17. DISPUTE RESOLUTION: By entering the
Contest, entrants agree that (a) any and all disputes, claims, and causes of
action arising out of or connected with the Contest, or any prizes awarded,
shall be resolved individually, without resort to any form of class action; and
(b) any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with entering the
Contest, 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 Contest, 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 Contest or relating to
these Official Rules shall be instituted only in the federal or state courts located
in the State of Washington, and the parties consent to jurisdiction therein
with respect to any legal proceedings or disputes of whatever nature arising
under or relating to these rules.
18. ENTRANT’S PERSONAL INFORMATION: Information collected from entrants is
subject to Sponsor’s Privacy Policy as set forth at:
http://www.kirotv.com/privacy_policy/ . By entering the Contest, you accept
Sponsor’s Privacy Policy.
19. 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.
20. SPONSOR: The “KIRO 7 Santa’s Favorite
Pet” Contest is sponsored by KIRO-TV. The decisions of Sponsor regarding the
selection of winners and all other aspects of the Contest shall be final and
binding in all respects.
21. WINNERS’ LIST: For a list of winners
(available after January 5, 2014) or a copy of these Official Rules, visit
kirotv.com or send a self-addressed, stamped envelope to “Winners List/Official
Rules” (as applicable), The Santa’s Favorite Pet Contest, 2807 3rd Avenue,
Seattle, WA 98121.
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