Veteran Vacation Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Veteran Vacation Contest (“Contest”) begins on November 1, 2019 at 12:01 AM Eastern Time (“ET”) and ends on December 1, 2019 at 11:59 PM ET (“Promotion Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will 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 Eastern Time unless expressly noted otherwise. To participate, a nominator (“Nominator”) will submit a nomination (“Nomination”) nominating a veteran (“Veteran”) in the Contest.
ELIGIBILITY: To be eligible, a Veteran must be a legal U.S. resident at least 21 years of age as of date of Nomination and reside in Michigan in the following counties: Barry, Branch, Calhoun, Clinton, Eaton, Gratiot, Hillsdale, Ingham, Ionia, Jackson, Lenawee, Livingston, Saginaw, Shiawassee, and Washtenaw (the “Promotion Area”). The Veteran must be a military veteran, defined as a person who has served or is currently serving in the United States Armed Forces. Veterans who have been dishonorably discharged are not eligible. To be eligible, a Nominator must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in the Promotion Area. Void wherever prohibited by law and outside the Promotion Area. Employees of Scripps Media, Inc. d/b/a WSYM, Veteran Sewer & Drain Cleaning (collectively, “Sponsor”), their respective parents, affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Contest (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 any of the foregoing individuals are not eligible. By participating, Nominators agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, an Nominator can nominate a Veteran for the Contest by going to http://www.fox47news.com/veteran-giveaway and following the on-screen instructions to complete the online Nomination form. Nominators will also be required to submit an essay describing how the Veteran has gone above and beyond the call of duty and why he or she deserves to be chosen as the winner of the Contest (the “Essay”). The Essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete.
Limit one Nomination per Nominator, but a Veteran can be nominated by more than one Nominator. Illegible and incomplete Nominations are void. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected Nominations; or Nominations not received for any reason. If there is a dispute over who submitted a Nomination, the Nomination will be deemed to have been submitted by the authorized account holder of the email account identified on the Nomination form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received Nominations (but not the Essays) become the property of Sponsor and will not be returned.
Submitted Materials: Each Essay must satisfy all of the following submission requirements (the “Submission Requirements”:
· The Essay must be the original creation of Nominator.
· Nominator must either own all rights to the Essay or otherwise have the right to submit the Essay in the Contest and to provide the rights to Sponsor as set forth herein.
· The Essay must not portray any dangerous activity.
· The Essay must not infringe any third party’s intellectual property right.
· The Essay must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.
· The Essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
· The Essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.
· The Essay must otherwise be appropriate for publication or broadcast or display on a general interest website.
· The Essay must be in compliance with Terms of Use located at http://www.fox47news.com
By submitting an Essay, each Nominator represents and warrants that the Essay meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Essay by Sponsor as permitted herein will not infringe any third-party rights. Each Nominator further agrees to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Nominator of such warranties or representations made by Nominator or of these Official Rules.
By submitting an Essay, Nominator grants to Sponsor (and to those acting on its behalf) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Essay (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Essay. Furthermore, Nominator also grants other users permission to access Nominator’s Essay and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish Nominator’s Essay for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Nominator otherwise will retain all rights in the Essay.
If Sponsor determines, in its sole discretion and at any time during the Promotion Period, that any Nomination violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Nomination. Sponsor retains sole discretion as to whether any Nomination satisfies the Submission Requirements and the Official Rules. Decisions of Sponsor are final on all matters.
WINNER SELECTION: A panel of judges will select one (1) potential winner based on the following criteria: Clarity of Explanation as to why he or she deserves to win (50%); Creativity and Originality (25%); and Adherence to contest theme (25%). If there is a tie for first position, the score for the Clarity of Explanation will be the tie breaking decision. Decisions of Sponsor are final on all matters. Limit one prize per person and per household address.
WINNER NOTIFICATION AND RELEASES: On or before December 16, 2019, Sponsor will attempt to notify the potential winning Veteran, and the Nominator who submitted the potential winning Nomination via telephone or email to notify the winning Veteran of their status and confirm acceptance of the Prize. If either of the potential Winner or the Nominator who nominated that Winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and an alternate Winner will be selected by applying the criteria set forth above. Each potential Winner (and authorized representative of any Organization that is a potential Winner) may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID and also to have any companion(s) who 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 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 companion(s) must sign and return all required forms. All forms must be postmarked within two 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.
PRIZE: One (1) Grand Prize – the winning Veteran will receive a certificate, valid for round-trip, coach-class air transportation for the winner and one (1) guest departing from Detroit Metropolitan Wayne County Airport (DTW) and arriving at any one of the following destination cities: Birmingham, Baltimore, Oklahoma City, Phoenix, Boston, Portland, Little Rock, Philadelphia, Los Angeles, Minneapolis, Pittsburgh, San Diego, Kansas City, Providence, San Francisco, St. Louis, Charleston, Denver, Omaha, Memphis, Hartford, Las Vegas, Nashville, Miami, Reno, Dallas, Orlando, Newark, Houston, Tampa, Albuquerque, San Antonio, Atlanta, Buffalo, Salt Lake City, Boise, Charlotte, Richmond, Chicago, Raleigh/Durham, Seattle, Indianapolis, Cincinnati, Washington DC, Des Moines, Cleveland, Charleston, Louisville, Columbus, Milwaukee and New Orleans (the “Destination City”). The specific airport in the Destination City will be a nearby airport as chosen by Sponsor in their sole discretion (with possible layovers); two (2) nights’ hotel accommodations in the Destination city chosen by winner, at a 2-3 star property location which include many Wyndham, Hilton, Hyatt or Marriott Hotel properties (one single, standard room, double occupancy), but to be determined by Sponsor in their sole discretion. Trip package details are subject to change without notice. Restrictions may apply.
Estimated Retail Value (“ERV”) of Prize is one thousand five hundred dollars ($1,500). Actual Retail Value (“ARV”) of Prize may vary. Any difference between stated ERV and ARV will not be awarded.
Travel must be taken 12 months from time awarded. Blackout dates are weeks of Thanksgiving, Christmas, New Year’s, and 4th of July. There’s a 60-day advance notice required for all hotel destinations and airfare tickets. The winner’s travel companion must be twenty-one (21) years of age or older. Winner may be required to provide a major credit upon hotel arrival for any incidental charges. Winner and his or her guest must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. Air transportation tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Exact travel details are based on availability and are as determined by Sponsor in its sole discretion. If winner is unable to travel during the dates designated by Sponsor, the prize will be forfeited in its entirety. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed or any portion thereof is unavailable for any reason.
The prize does not include the following: airport departure fees and taxes; travel insurance; hotel room service; parking fees; laundry service; food; alcoholic beverages; merchandise, souvenirs, etc.; local and long-distance telephone calls; tips, gratuities, service charges, resort fees or taxes; or all other charges not explicitly stated. All fees and charges not included in the prize are the responsibility of winner. The prize (and all elements thereof) is not redeemable for cash and are non-transferable except in Sponsors sole and absolute discretion. The prize may not be sold or transferred to any other person or third party.
Subject to availability, restrictions and blackout dates. Certain restrictions apply and shall be determined by Sponsor in its sole and absolute discretion.
Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. Subject to all terms, conditions and restrictions on face of tickets, gift cards 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. All properly claimed prizes will be awarded, but 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 WSYM-TV, 600 West Saint Joseph Street, Lansing, MI 48933 M-F between 9AM-5PM no later than December 30, 2019.
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. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
PUBLICITY AND MARKETING: Submission of a Nomination in the Contest constitutes permission to the Sponsor to use Nominator’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 connection with the Contest, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, Nominators agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, Nominator’s participation in this Contest or any Contest-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 Nominator in connection with the Contest; any non-compliance by the Nominator with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Nominator’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-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 Contest.
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 Contest, 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 Contest whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Contest or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. If Sponsor terminates the Contest, Sponsor will determine the winners for all remaining prizes by applying the criteria set forth above to all eligible, non-suspect Nominations received as of the termination date and will post notice of its action on the Contest website. Sponsor reserves the right to disqualify any individual from further participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the Nomination process or other operation of the Contest; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Nominator or Veteran in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, NOMINATORS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY NOMINATOR WITH REGARD TO THIS CONTEST, 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 Nominators and Sponsor in connection with the Contest will 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 state and federal courts located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Hamilton County, Ohio 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.
WINNERS LIST: For the winner name(s), available after December 16, 2019 send a self-addressed, stamped envelope to: Veteran Vacation Contest Winner List, 600 West Saint Joseph Street, Lansing, MI 48933 to be received by February 16, 2020.
SPONSORS: Scripps Media, Inc. d/b/a WSYM, 600 West Saint Joseph Street, Lansing, MI 48933; Veteran Sewer & Drain Cleaner, PO Box 22086, Lansing, MI 48924.
