NEWS CHANNEL 8 WATCH AND WIN GAS GIVEAWAY GAME OFFICIAL RULES --NO PURCHASE NECESSARY--

Transcription

1 NEWS CHANNEL 8 WATCH AND WIN GAS GIVEAWAY GAME OFFICIAL RULES --NO PURCHASE NECESSARY-- 1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. 2. The News Channel 8 Watch & Win Gas Giveaway Game (the Game ) is sponsored and operated by Media General Operations, Inc. d/b/a WFLA-TV ( WFLA-TV ). The geographic scope of this promotion is Florida. 3. Game is subject to all federal, state and local laws. Void where prohibited by law. By entering, entrants agree to these Official Rules. Limit one (1) entry per person per Daily Game. There will be two (2) Daily Games each week day during the Promotion Period (defined below). Limit one (1) prize per household. 4. Game begins on May 2, 2011 and ends on May 27, 2011 ( Promotion Period ). Final entry deadline is May 27, 2011 at 11:59 p.m. Eastern Time ( ET ). Drawing to determine winners will be conducted on June 17, 2011, or within a reasonable time thereafter. WFLA-TV s computer is the official time-keeping device for this Game. ELIGIBILITY 5. All entrants must be eighteen (18) years old and legal residents of Florida at the time of entry. 6. Employees of the WFLA-TV and of its parent, subsidiaries, affiliates, distributors, suppliers, franchisees, advertisers, promoters, and agents of any of these, and the immediate families (defined as spouse, parents, siblings or children) of the employees of any of these, are not eligible to enter or win. PRIZES 7. Prizes (40): One gift card redeemable for up to one hundred dollars ($100.00) in authorized products or services only at Exxon and Mobil facilities. Card is not redeemable for cash or credit except when required by law. Card is subject to additional terms and conditions of issuer. For more information, visit =22. Approximate Retail Value: $ The odds of winning a prize depend on number of timely and correct entries received.

2 PRIZE RESTRICTIONS 9. All details of all prizes shall be at WFLA-TV s sole discretion. Winners must be at least 18 years of age. 10. Prize may not be extended, transferred, auctioned or redeemed for cash. Prizes may not be substituted except that WFLA-TV in its discretion may substitute a prize, or portion thereof, with a prize or prize element of equal or greater value if it deems necessary. Any such changes will be announced. 11. Any portion of any prize not accepted or claimed by any winner by any deadlines announced by WFLA-TV will be forfeited and no substitute will be offered or permitted. All prizes being offered are provided as is with no warranty or guarantee either express or implied by WFLA-TV. Merchandise prizes carry no warranty other than that offered by manufacturers. WFLA-TV has neither made nor is 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. TO ENTER 12. To play, first watch WFLA for the daily Gas Giveaway Words of the Day (each a Word of the Day ). Two (2) different Words of the Day will be announced live each weekday (Monday through Friday) during News Channel 8 Today between 6:00 a.m. and 7:00 a.m. ET. (No daily watch & win games will take place on any day(s) that News Channel 8 Today or the Watch & Win Game does not air for any reason). After each Word of the Day is announced, there are two (2) ways for you to enter the Game: a. Text Message Entry: If you have a wireless device with text-messaging service, a two-way capable handset, and digital service, you may enter via text message during the Entry Period by texting the Word of the Day to "82672" no later than 11:59 p.m. ET on the day that it was announced. Within approximately two (2) minutes of sending the text message, you will be sent a confirmation text message on your handset. You may be charged for any text message that originates from or is received by your handset according to the terms in your calling agreement and rate plan with your wireless service provider. Standard text messaging and data rates apply to each text message sent or received as provided in your wireless rate plan. Text messaging may not be available in all areas. By participating in the Game by text message entries, all text message entrants expressly consent to be contacted via text message if they are selected as potential winners.

3 Entrants may also choose to opt-in to receive text message communications and future promotional alerts from WFLA-TV. However, opting-in to receive such communications and alerts will not increase an entrant s chances of winning. b. Online: To enter online, visit TBO.com; keyword: Gas Giveaway, complete an entry form with your (i) name, (ii) address, (iii) telephone number, (iv) e- mail address, and (v) the Word of the Day no later than 11:59 p.m. ET on the day that it was announced. Online entrants will see a web page confirming the entry after submission. Online entries must include a valid address for the entrant. 13. You will receive an entry in the Game only if you include the correct Word of the Day by the deadline stated above. You can play once per daily Word of the Day (for a total of twice each weekday), regardless of the method of entry. 14. To be eligible for the prize drawing, all entries, regardless of method, must be received by WFLA-TV no later than May 27, 2011 at 11:59 p.m. ET. Proof of sending is not proof of receipt; WFLA-TV will not accept screen shots as proof of entry. 15. Limit one (1) entry per person, per address and per mobile device per Word of the Day (total of two (2) Words of the Day each weekday), regardless of method of entry. Additional entries received from any such person or mobile device or address thereafter will be void. Uses of automated devices are not valid for entry. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, by cellular phone, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by WFLA-TV, will be disqualified. WFLA- TV reserves the right in its sole discretion to disqualify any entry at any time that in WFLA-TV s opinion does not comply with these Official Rules. 16. Entrants who fail to provide any of the required information will not be eligible to win and will not be notified by WFLA-TV. All Entry Forms become the property of WFLA-TV and will not be returned or acknowledged. 17. If potential winner enters via text message, his/her prize will be awarded to the name corresponding to the Mobile Telephone Number (MTN) indicated on the entry. If potential winner enters online, prize will be awarded to the name on the online entry form. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to a mobile device/ address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for

4 assigning addresses or wireless phone numbers for the telephone exchange or domain associated with the submitted mobile device/ address, as applicable. In the event of a dispute as to the identity of an entrant, the potential winner may need to present a bill to confirm his/her status as the authorized account holder of the account used to submit the winning entry. 18. If you enter the Game online, the information that you provide in connection with the Game may be used by WFLA-TV in accordance with its Privacy Policy, which is found at and which may be updated from time to time. PRIZE DRAWINGS 19. On June 17, 2011, or within a reasonable time thereafter, WFLA-TV will randomly select forty (40) names from all timely and correct entries received. Subject to verification of eligibility, the persons whose names are so drawn will be declared prize winners. WINNER NOTIFICATION 20. WFLA-TV will attempt to contact all potential winners in accordance with the information supplied to WFLA-TV at the time of entry. Prize winners may be verified over the telephone at the time and may be asked to provide WFLA-TV with valid identification and execute an affidavit of eligibility. Valid identification includes a valid driver s license or other valid picture ID showing name and address. Faxes will not be accepted. Prize winners may also be required to sign other legal documents, including tax forms and a release supplied by WFLA-TV, which, among other disclaimers, releases WFLA-TV and a range of parents, subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Game and the receipt and use of the prize. 21. Verified prize winners may pick up their prizes at WFLA-TV studios, 200 Parker St., Tampa, FL during weekday business hours (Mon-Fri 8 a.m. - 5 p.m.) no later than 5 p.m. ET on July 16, 2011 or can choose to have their prizes mailed to them by WFLA-TV). 22. In the event that any potential winner (a) cannot be contacted directly by WFLA-TV 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, WFLA-TV may in its discretion disqualify that individual. In the event that a potential winner is disqualified, no alternate winner will be selected and that prize will not be awarded.

5 23. Upon verification of eligibility, the names of winners may be posted on the WFLA- TV s website at TBO.com; keyword: Gas Giveaway, in WFLA-TV s discretion. PUBLICITY RELEASE 24. By accepting a prize, winners agree to award WFLA-TV the right to publicize their names, photographs (including the use and appearance of winner's photograph on WFLA-TV s web pages), likenesses, biographical information, e- mail address, voices and details of winning for purposes of this and future promotions without further compensation, except where prohibited. LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY 25. Entrants agree that WFLA-TV and a range of parents, subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (hereinafter ( Released Parties ) (a) are not responsible for lost, interrupted, or unavailable network, server, or other connections, 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 WFLA-TV by the deadlines stated above; (b) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in the Game or downloading of any software or materials; (c) are released from any and all liability related to the Game and the receipt, use and misuse of any prize; and (d) will not be responsible for the inability to select potential winners because of postal failure, equipment failure, or data storage failure. Released Parties are also not responsible for any injury or damage to any text messaging device, phone, PDA, computer, modem, monitor or other device as a result of participation in this Game or downloading of any software or materials. 26. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE GAME OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE GAME OR

6 RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE GAME. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE GAME, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. 27. BY PARTICIPATING THE GAME AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE GAME, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY. 28. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. MISCELLANEOUS 29. All federal, state and local laws apply. WFLA-TV shall be entitled to interpret these 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. 30. WFLA-TV reserves the right to cancel, terminate or suspend the Game or any part of the Game 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 the Game as determined by WFLA-TV in its sole discretion, at which event, no prizes will be awarded. 31. WFLA-TV reserves the right to prohibit any entrant from participating in the Game if, at its sole discretion, WFLA-TV finds such entrant to be tampering with the entry process or the operation of the Game, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner WFLA-TV determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or WFLA-TV; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with the Game in any way will be ineligible for prizes and may be prosecuted to the full extent of

7 the law. Any failure by the WFLA-TV 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 GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WFLA-TV RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 32. All activity arising out of and relating to the Game is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with WFLA-TV concerning verification and/or auditing. All references to a entrant's status as a "winner" are subject to verification and/or auditing by WFLA-TV. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by WFLA-TV in its sole discretion, WFLA- TV reserves the right to disqualify the entrant and remove the entry from the Game at any time. 33. WFLA-TV reserves the right to correct typographical or clerical errors in any game-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, WFLA-TV reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. DISPUTES 34. By entering the Game, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Game, 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-ofpocket costs incurred, including costs associated with entering the Game 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, and any and all rights to have damages multiplied or otherwise increased. 35. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and WFLA-TV in connection with the Game, shall be governed by, and construed in accordance with the laws of the State of Florida, 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 Florida. Any legal proceedings arising out of the Game or relating to these rules shall be

8 instituted only in the federal or state courts located in the State of Florida, County of Hillsborough 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. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these 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. WINNER S LIST/OFFICIAL RULES COPY 36. For a list of winners or a copy of the Official Rules, stop by WFLA-TV during normal business hours, visit TBO.com; keyword: Gas Giveaway or mail a selfaddressed stamped envelope ( SASE ) to: News Channel 8 Watch & Win Gas Giveaway Game, c/o WFLA-TV, 200 Parker St. Tampa, FL 33604, specifying Winners List or Official Rules Request. Winners List will be available after July 12, 2011.