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Circus Xtreme X-TRAORDINARY Clown Selfie OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Circus Xtreme X-TRAORDINARY Clown Selfie Contest (“Contest” or “Sweepstakes”) begins on 7/8/2015 at 12:01 AM Pacific Time (“PT”) and ends on 8/3/2015 at 11:59 PM PT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems, and Sponsor may also rely on the time processing functions of Facebook, as relevant. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Pacific Time unless expressly noted otherwise.
Open only to legal U.S. residents who are 18 years of age or older as of date of entry and reside in California in San Diego County. Void wherever prohibited by law. Employees of Scripps Media, Inc. d/b/a KGTV-TV, Ringling Bros & Barnum Bailey Circus (collectively, “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of Sponsor or Sponsor Affiliates are not eligible. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, you may enter the Sweepstakes by completing the following steps: (i) go to the ABC 10 Contest Page located at www.10news.com/contests (ii) click on the “CONTEST” application on ABC 10 Facebook Page (the “Application”) (a link to the Application is also available at www.10news.com/contests ); (iii) follow the instructions to complete your registration form and submitting one (1) photo of Your Best Clown Selfie (“Photo” or “Entry”); and (iv) click on the Enter/Submit button. All information you provide must be truthful, accurate and complete. Upon completing the previous four steps, you will receive one (1) entry into the Sweepstakes.
Limit one entry per person and per account and per household address. Failure to comply with the Official Rules, the Terms of Use, or Privacy Policy (as determined within the sole discretion of the Sponsor) will result in disqualification. To be eligible for Entry, the Entry must meet the Entry Requirements set forth below. No mechanically reproduced entries of any kind permitted. Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, mutilated, postage due, misdirected entries or entries not received. In the event of a dispute over who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account identified on the online entry form. The authorized account holder is deemed to be the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address that is primarily associated with the submitting social media platform user. Entries become the property of Sponsor and will not be returned.
ENTRY REQUIREMENTS:
Each and every Entry must comply with the following guidelines and, by submitting any entry (whether an Entry or not), you agree and warrant all of the following:
(a) The Entry must be uploaded for entry following the format and size restrictions of the platform;
(b) the Entry must be owned in its entirety by the entrant;
(c) the Photo must be the entrant’s own original Photo, created and shot by and/or featuring the entrant; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity;
(d) the Entry must not contain any material that would violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party;
(e) You represent that you have the express consent of any identifiable persons appearing in the Photo to their likeness and image being used in the ways set out in these Official Rules, including Sponsor’s right to use the Photo for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the Photo is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian may be required by Sponsor. The Photo must not contain any personally identifiable information of any person; and
(f) the Entry must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing. Without limiting the foregoing, the Entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, and libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.
Any entry (whether an Entry or not) that does not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (a)-(f) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry (whether an Entry or not and including, without limitation, any photo submitted) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry (whether an Entry or not and including, without limitation, any photo submitted) 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, the entrant hereby waives any moral rights the entrant may have in the entry (whether an Entry or not) and/or image (whether a Photo or not) in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry (whether an Entry or not) and/or image (whether a Photo or not) to Sponsor, the form of such assignment to be determined by Sponsor.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s). Any Photo submitted by entrant must also meet the requirements of the Terms of Use and the Privacy Policy located at www.10news.com. Failure to comply with the Official Rules, the Terms of Use, or Privacy Policy (as determined within the sole discretion of the Sponsor) will result in disqualification.
FINALIST DETERMINATION: A panel of judges will review all eligible entries on or about 8/3/2015 and determine five (5) Finalists based on the submitted Entry’s originality, creativity and appropriateness to the Contest theme (“Judging Criteria”). Decisions of Sponsor and the panel of judges are final on all matters. In the event of a tie, Sponsor in its sole discretion will make the tie-breaking decision. If a potential winner is determined to be ineligible, another potential winner will be selected. Decisions of Sponsor are final on all matters. Limit one prize per person and per household address. Odds of winning will depend upon the number of eligible entries received.
FINALIST VOTING PERIOD: Between 12:01 AM PT on 7/8/2015 and 11:59 PM PT on 8/3/2015 (“Voting Period”), users may go to https://www.facebook.com/ABC10News?ref=br_tf and vote for their favorite Finalist photo. The Finalist entry with the highest number of votes at the end of the Voting Period will be the winner.
If there is a tie for a Finalist or the winner, Sponsor will put tying entries into a random drawing and hold a random drawing. Decisions of Sponsor are final on all matters. Limit one prize per person and per Facebook account and per household address. Odds of winning will depend upon the number of user votes received.
PRIZE: One (1) First Prize – winner will receive one (1) Family Four-Pack of Tickets (AVR $100) Prize consists of only those items specifically listed as part of the prize. No substitution or transfer/assignment of prize by winners permitted. Subject to all terms, conditions and restrictions on face of gift card or imposed by issuer. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded "AS IS." Winner must pick up his or her prize at KGTV located at 4600 Air Way, San Diego, CA 92102, Monday-Friday between 9AM – 5PM.
Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
WINNER NOTIFICATION AND RELEASES: On or around August 3, 2015, Sponsor/Station shall notify the potential winner(s). The potential prize winner(s) will be contacted via phone and email. If a potential winner does not respond after the first attempted contact from Sponsor within 24 hours, he or she will be disqualified and the prize awarded to an alternate winner as determined by random draw from the remaining eligible entries. The potential prize winner(s) may be required to send the Page a private Facebook message to communicate further and asked to provide confirmation that he or she is the owner of the relevant email address and/or Facebook page. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility, a scan or photo of legal ID, Release of Liability and/or, if legally permissible, a Publicity Release and also to have any companion(s) that will participate in the prize activities, if applicable, return the same documentation before claiming the prize or being allowed to participate in any prize activities. If any of the potential winner or the companion(s), if applicable, is under the age of majority in his or her state of residence, then the parent or legal guardian of the minor potential winner or companion(s) must sign and return all required forms. All forms must be postmarked within 10 days of the date on notification materials if return is requested via mail or forms must be completed before receipt of any prize if prizes are picked up in person. Noncompliance within this time period and/or return of any prize/prize notification as undeliverable may result in disqualification and an alternate potential winner may be randomly selected from all remaining eligible entries. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. Acceptance of any prize constitutes permission to the Sponsor to use winners’ name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, without further compensation, unless prohibited by law.
PUBLICITY AND MARKETING: Submission of an entry in the sweepstakes constitutes permission to the Sponsor to use entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Submission of contact information in connection with this sweepstakes (whether or not required), including without limitation mailing address, phone number, and email address, during entry constitutes permission for Sponsor to use entrant’s personal information for purposes of administration of the Contest and for Sponsor to add entrant to Sponsor’s customer database and to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy (available at www.10news.com) or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). You understand that you are providing your information to Sponsor and the information you provide will only be used in accordance with Sponsor’s Privacy Policy.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Sweepstakes, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Sweepstakes or any Sweepstakes-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Sweepstakes; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the entrant’s involvement with the Sweepstakes; acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.
OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the promotion, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person's computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the promotion whether caused by computer, technical or human error. Sponsor reserves the right to cancel or modify the promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the promotion as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Any attempt to undermine the operation of this promotion is a violation of criminal & civil laws. Sponsor reserves the right to disqualify and/or seek damages from any individual making any such attempts to the full extent permitted by law.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION SHALL BE RESOLVED EXCLUSIVELY BY IN THE COURTS OF OHIO LOCATED IN HAMILTON COUNTY, OHIO, AND ANY AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and sponsors in connection with the promotion shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The courts of Ohio in Hamilton County shall be the exclusive forum for any dispute relating to these Official Rules and/or this promotion. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the courts of Ohio in Hamilton County and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
NO AFFILIATION WITH FACEBOOK: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not Facebook.
WINNERS LIST: For the winner name(s), available after August 10, 2015 send a self-addressed, stamped envelope to: Circus Xtreme X-TRAORDINARY Clown Selfie Photo Contest Sweepstakes Winner List, 4600 Air Way, San Diego, CA, 92102 to be received by November 26, 2015.
SPONSORS: Scripps Media, Inc. d/b/a KGTV, 4600 Air Way, San Diego, CA 92102; Ringling Bros & Barnum Bailey Circus Xtreme.
Visa® is a registered trademark of Visa, Inc. and is not affiliated with this promotion.
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