1. NO PURCHASE NECESSARY. The News Channel 11, Johnson City Ford Umbrella Giveaway (the “Sweepstakes”) is sponsored by WJHL-TV 11 (“WJHL”) (“Sponsor”), Johnson City Ford. The geographic scope of this Sweepstakes is the states of Tennessee and Virginia.
2. Sweepstakes is subject to all federal, state and local laws. Void where prohibited. Sponsor shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules. Limit one (1) entry per person and per email address.
3. Sweepstakes begins on January 1, 2017 and ends on December 31, 2017. Entry deadline is December 31, 2017 at 6 a.m. Eastern Time (“ET”). Sponsor’s computer is the official time-keeping device for this Sweepstakes promotion.
4. Storm Team 11 and Johnson City Ford are giving away umbrellas each weekday on News Channel 11 This Morning show. Beginning January 1, 2017, daily Winners will be announced during the 6:00 a.m. hour on News Channel 11 This Morning show. Winners will pick up their umbrella at the WJHL-TV station in Johnson City.
5. At the time of entry, all entrants must be eighteen (18) years old and legal residents of any of the following: the states of Tennessee and Virginia.
6. Employees of Media General Operations, Inc. d/b/a WJHL-TV 11 (“WJHL”) and co-promoters (if any), and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win.
7. Prizes (1): Prize includes one full-size blue umbrella with Storm Team 11 and Johnson City Ford logos. Approximate Retail Value (“ARV”): $20.
8. The odds of winning depend on the number of entries received.
9. All details of all prizes shall be at Sponsor’s sole discretion. Gift card prizes and are subject to any additional terms or restrictions imposed by issuing company. Winner(s) assumes sole responsibility for all costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any and all other taxes, fees, and surcharges on a prize. Winner must pick up umbrella at the News Channel 11 business location at 338 East Main Street, Johnson City Tennessee.
10. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. Prizes may not be transferred or substituted except that Sponsor in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
11. Any portion of prize not used by any winner is forfeit and no cash substitute will be offered or permitted. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Sponsor. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsor and co-promoters (if any) have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
12. Entries will be accepted beginning on January 1, 2017 at 6 a.m. ET and ending on December 31, 2017 at 6 a.m.(“Entry Period”). To enter, visit the Sweepstakes entry page at www.wjhl.com/umbrellagiveaway and complete an Official Entry Form with the following required information: (a) name, (b) address, (c) telephone number, (d) email address, and (e) date of birth during the Entry Period.
13. Limit one (1) entry per person and per email address during the Entry Period. Additional entries received from any such person or email address thereafter will be void. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all entries submitted by that entrant.
14. Entries must include a valid email address for the entrant. In the event of a dispute as to the identity or eligibility of a winner based on an email address, the winning entry will be deemed made by the “Authorized Account Holder” of the email address number used at time of entry. “Authorized Account Holder” is defined as the natural person, eighteen (18) years of age or older, who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or the natural person, eighteen (18) years of age or older.
15. To be eligible for the drawing, all entries must be received by Sponsor no later than December 31, 2017 at 6 ET. Entrants who fail to provide the required information will not be eligible to win and will not be notified by Sponsor. Sponsor and co-promoters (if any) are not responsible for, and entrants assume all risk of, entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by Sponsor prior to the stated deadline, and all such entries are void. All entries become the property of Sponsor and will not be returned or acknowledged.
17. On December 31, 2017, or within a reasonable time thereafter, Sponsor or its designee will randomly choose one (1) name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner.
18. Sponsor will contact each potential winner in accordance with the information supplied to Sponsor on his/her Entry Form. Each potential winner may be verified over the telephone at the time and may be asked to provide Sponsor with valid identification and execute an affidavit or declaration of eligibility and, where legal, a publicity release, and return these documents within thirty (30) days of notification. Acceptable identification includes a valid driver’s license or other valid picture ID showing name and address. Each winner may also be required to sign other legal documents, including tax forms and a release supplied by Sponsor that, among other disclaimers, releases Sponsor, co-promoters (if any) and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Sweepstakes and the receipt and use of prize. Upon verification of eligibility, names of winners may, in Sponsor’s sole discretion, be posted at www.wjhl.com/umbrellagiveaway.
19. In the event that any potential winner (a) cannot be contacted directly by Sponsor within three (3) days from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, Sponsor in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing to be held as soon as reasonably practicable after initial winner is determined to be
ineligible. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
20. By accepting a prize, each winner agrees to award Sponsor the right to publicize his or her name, photographs (including the use and appearance of winner’s photograph on Sponsor’s web page), likeness, biographical information, email address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
21. Entrants agree that Sponsor and co-promoters (if any) and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsor by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes or in the printing of this offer, administration of this Sweepstakes, or in the announcement of any prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Sweepstakes or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Sweepstakes; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Sweepstakes, the acceptance of entries, the selection of winners, any prize or otherwise in any Sweepstakes-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Sweepstakes (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Sweepstakes, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
22. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
23. Sponsor reserves the right to cancel, terminate or suspend this Sweepstakes or any part of this Sweepstakes should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Sweepstakes as determined by Sponsor in its sole discretion, at which time, Sponsor will select the winners by conducting a random drawing from among all non-suspect entries received at the time of the Sweepstakes cancellation, termination or suspension.
24. Sponsor reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, Sponsor finds such entrant to be tampering with the entry process or the operation of the Sweepstakes, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant, Sponsor or co-promoter (if any); or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Sweepstakes in any way will be ineligible for a prize and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules including by using an automated device or by using more than one email address. Any failure by Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
25. Sponsor reserves the right to correct typographical or clerical errors in any sweepstakes-related materials. No more than the stated number of prizes will be awarded. 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 only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
26. By entering the Sweepstakes, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes 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, 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. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
27. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, Sponsor and co-promoters (if any) in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Tennessee, 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 Tennessee. 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 Tennessee, Washington County, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS’ LIST/OFFICIAL RULES COPY
28. For a copy of the Official Rules or the final Winners’ List, visit www.wjhl.com/umbrellagiveaway or mail a SASE to c/o Sponsor, 338 East Main Street Johnson City Tennessee, specifying either “Winners’ List Request” or “Official Rules Request.” Winners’ Name will be available after one month.