LUBBOCK, Texas (KCBD) -
OFFICIAL PROMOTION RULES
1. Promotion Description. This promotion is sponsored by KCBD-TV, 5600 Avenue A, Lubbock, TX, 79404, and Picoso’s Mexican Kitchen, 7611 Milwaulkee Avenue, Lubbock, TX, 79424 (“Sponsor(s)”). The promotion begins at 5:00 pm on Friday, June 7th, 2019 and ends at 11:59 pm on Thursday, August 1st, 2019 (“Promotion Period”). Entries must be received by 11:59 pm on Sunday, July 14thth, 2019 to be eligible. Votes must be received by 11:59 pm on Thursday, August 1st 2019 to be eligible. Promotion is void where prohibited. By entering, each entrant accepts and agrees to be bound by these promotion rules. Apple is not a sponsor of or in any way associated with this promotion.
2. Eligibility. No purchase necessary to enter or win. This promotion is open only to legal U.S. residents of the following counties in the station’s viewing area: Parmer, Castro, Swisher, Briscoe, Hall, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, Gaines, Dawson, Borden, and Scurry, who are 18 years of age or older at the time of entry. Employees and immediate family members of employees of Raycom Media, Inc., KCBD-TV, the other Sponsor(s), and their respective parent companies, affiliates, subsidiaries, agents, and their advertising and production agencies are not eligible to participate in this promotion. Only one entry per individual per art pieve will be accepted, and multiple entries by the same individual with the same art piece will be disqualified.
3. How to Enter. There is 1 way to enter this promotion. Beginning at 5:00 pm on Friday, June 7th, 2019, individuals can enter to win in the contest section of KCBD.com or the KCBD mobile app. Entries must be received by 11:59 pm on Sunday, July 14thth, 2019 in order to qualify. Entries must include all required form fields, including a photo of entrant(s) art piece. The original art piece must be on a minimum 4 foot by 8 foot canvas, of any material including but not limited to: wood, concrete, brick, painter’s canvas, and cinderblock, and may be any design created with any medium. The acceptable image types are jpg, gif and png. Images larger than 8000 pixels wide or tall will be resized to fit inside that box, while still keeping the original aspect ratio. After resizing, the image file size must be 10MB or less. Thumbnail (100x100), Small (200x200), Medium (500x500) and Large (1280x1280) versions are also created for use in the Voting widget. Users can only upload a single image per submission. One entry per individual per art piece may be submitted. Individuals may submit a photo of their art piece in any setting and include themselves in the image if they wish. All subject matter within art pieces must be in good taste. No vulgar or obscene imagery or language will be accepted. Individuals may not, under any circumstances, submit an entry of another person’s art piece without permission. See section 4 for more details on ownership rights. All entries become the property of Sponsor(s), and Sponsor(s) reserve(s) the right to use any information submitted by entrants. Entries must be filled out completely and legibly in order to qualify, and will be void if they are, in whole or in part, incomplete, illegible, damaged, irregular, counterfeit, altered, or obtained through theft or fraud. No mechanically reproduced, software-generated or other automated multiple entries are permitted. Sponsor(s) is/are not responsible for lost, late, illegible, misdirected or mutilated entries, including due to transmission, technical, and/or network failures of any kind, including, without limitation, malfunctioning of any hardware or software (whether originating with sender or Sponsor(s)), telephonic failures, human error, or any other error or malfunction. For online entries, the authorized account holder of the e-mail address submitted at time of entry will be considered the entrant. An “authorized account holder” shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. A potential winner may be requested to provide proof that he or she is the authorized account holder of the e-mail address associated with a winning entry. Entrants agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any web site or undermine the operation of the promotion is a violation of criminal and civil laws, and Sponsor(s) reserve(s) the right to seek damages from any person who makes such attempt(s). Entry materials that have been tampered with or altered are void. Any questions regarding the number of entries submitted by an individual or the authorized account holder of an e-mail address shall be determined by Sponsor(s) in its/their sole discretion, and Sponsor(s) reserve(s) the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the promotion. By entering this promotion, entrant agrees that KCBD-TV and the other Sponsor(s) of this promotion may provide entrant with promotional materials and that KCBD-TV may release entrant’s personally identifiable registration information to the other Sponsor(s) for that purpose. KCBD-TV is not responsible for the use of entrant’s personally identifiable information by the other Sponsor(s).
4. Ownership and Publicity Rights. By submitting an entry in any form, entrant represents and warrants that he/she owns the copyrights and moral rights to any and all artistic or commercial works contained in his/her entry, including any images, logos, music, videos, and/or literary or written content (even if such works are in the background). In exchange for the opportunity to participate in this promotion, entrant grants Sponsor(s) the perpetual, royalty-free, worldwide, and irrevocable right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, distribute, exhibit, broadcast, stream, embed, or otherwise exploit the entry, in whole or in part, whether in connection with the promotion or not, in any form, media or technology, now known or hereafter developed, including, without limitation, broadcast and cable television, radio, mobile transmission and the Internet, for any purpose whatsoever, including, but not limited to, advertising, promotion, entertainment and commercial purposes, without any payment to, or further authorization by, the entrant. Entrant represents and warrants that he/she has the right to grant all of the rights in this paragraph to the Sponsor(s), and that he/she has secured all third-party rights, including but not limited to copyrights, trademark, and privacy rights contained within his/her entry. Entrant represents and warrants that he/she is the parent or legal custodian of any child depicted in the submitted photograph and has all legal right to, and hereby does, consent to the use of that child’s likeness as described herein. Entrant represents and warrants that the entry is original and that all factual statements contained in it are true and correct and not exaggerated. If at any time Sponsor(s) receive a request to remove any entry from Sponsor(s) broadcast, website, blog, twitter account, message board, podcast, social media profile, mobile application, or other media claiming entrant’s failure to secure or possess any of the rights contained herein, Sponsor(s) reserve(s) the right to remove the submission and eliminate entrant from further consideration in this promotion. If any entry: (1) contains material that is violent, pornographic, obscene, illegal, inappropriate, defamatory, or racially or morally offensive; (2) does not comply with these rules; or (3) does not meet Sponsor(s) standards for any reason whatsoever, Sponsor(s) reserve the right to reject the entry as ineligible for submission. Please see our website’s Terms of Service for terms and conditions on content submissions.
5. Prize(s). One (1) winner will receive a cash prize of $5,000, up to $500 in cost of art supplies to complete final mural, twelve (12) gift cards for $100 dollars each, to be dispersed at a rate of one (1) gift card per month for twelve (12) consecutive months at Picoso’s Mexican Kitchen, and a celebration party at Picoso’s Mexican Kitchen at a date to be determined by the sponsor(s) in their sole discretion.
In addition, ten (10) individuals who vote for a photo between Thursday, July 25th and Thursday, August 1, 2019 (“Voting Period”) will each win one (1) gift card to Picoso’s Mexican Kitchen valued at $50.
No prize may be exchanged for cash, transferred, or assigned by the winner(s). Sponsor(s) reserve the right to substitute a prize, in which case a prize of equal or greater value will be awarded.
6. How the Prizes are Awarded. After the entry submission deadline has passed, a committee will select ten (10) finalists from all valid entries (“Finalists”). Finalists’ will be chosen by the committee based upon the submitted image of their art piece, and the piece’s: quality, originality, creativity, and relevance to Picoso’s desire to capture and promote true Mexican heritage and culture. The Finalists will be contacted via telephone on Tuesday, July 16th, 2019. The Finalists must then be present at Picoso’s on Saturday, July 20th, 2019 at a time to be determined by the Sponsor(s) in cooperation with the Finalists. The Finalists will then have the remaining hours of Saturday, July 20th, Sunday, July 21st, and Monday, July 22nd 2019 to demonstrate a scaled-down version of their mural concept on provided canvas materials at Picoso’s in designated areas. The demonstration will be open to the public for those who wish to view the Finalists working on their painting. The Finalists finished scaled-down paintings will then remain at Picoso’s for the duration of the Promotion Period and become property of the sponsor(s) upon the promotion completion. Photos and/or video of each of the Finalists’ demonstrations and completed scaled-down mural concept will then be posted to the contest section of KCBD.com and the KCBD mobile app. Beginning Thursday, July 25th at 12:00 am, the public may vote in the contest section of KCBD.com or the KCBD mobile app. Individuals may vote once per photo and/or video per day during the Voting Period. At the end of the promotion period, the photo and/or video with the most valid votes will be deemed the winner. The winner will be contacted no later than Friday, August 2nd, 2019 via telephone.
7. Odds of Winning. The odds of winning depend on the number of eligible entries and votes received.
8. Conditions of Acceptance of Prize. Driver’s license or other appropriate picture identification is required to claim a prize. A winner must take possession of his or her prize by August 31st, 2019 or the prize will be forfeited. The Winner is required as a condition of the prize to completely create/paint and install the mural at the Picoso’s Mexican Restaurant between the dates of August 2nd, 2019 and August 31st, 2019. The sponsor(s) will then provide reimbursement for up to $500 in supplies required to complete and install the mural, payable upon presentation of valid proof of purchase of said supplies. The remainder of the prize(s), including cash, gift cards, and celebration party will be delivered to the winner upon completion of the mural at Picoso’s Mexican Kitchen, and upon Sponsor(s) sole discretion that said mural is complete and installed.
Winner(s) will be solely responsible for any and all local, state, and federal taxes, as well as license and registration fees, transportation costs, gratuities and other items of an incidental nature. KCBD-TV will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one year period to the Internal Revenue Service. Winner(s) will receive a Form 1099 from KCBD-TV if KCBD-TV reports any winnings to the Internal Revenue Service.
Each winner agrees to the use of his or her name and likeness in publicity without any additional compensation, except where prohibited by law. By entering this promotion, each winner acknowledges that KCBD-TV, and all other sponsors and venues, have the right to publicize and broadcast each winner’s name, voice, and likeness, the fact that he or she won, and all matters incidental thereto.
9. Limitation on Liability. By entering this promotion, each entrant forever discharges and releases Sponsor(s), its/their parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, and agents from any and all liability, claims, causes of action, suits, and demands of any kind arising from or in connection with the promotion, including, without limitation, responsibility for property damage, loss of life, or personal injury or death resulting from or in connection with participating in the promotion or from or in connection with use or receipt of the prize(s), however caused.
10. Sponsor’s Reservation of Rights. These official rules are subject to modification by KCBD-TV. In the event of a dispute, all decisions made by KCBD-TV are final and binding. Sponsor(s) reserve(s) the right, in its/their sole discretion, to disqualify any person who tampers with the entry process or the operation of Sponsor’s/Sponsors’ web site(s), or who otherwise acts in violation of these official rules. Sponsor(s) further reserve(s) the right, in its/their sole discretion, to cancel, terminate, or modify this promotion if, for any reason, the promotion is not capable of completion as planned (including, but not limited to, for the following reasons: infection by computer virus, technical corruption, force majeure, or non-authorized human intervention that compromises or affects the administration, fairness, integrity, security, or proper conduct of the pr omotion).
11. List of Winners. For a list of Finalists and the winner, send a self-addressed stamped envelope to KCBD-TV 5600 Avenue A Lubbock TX 79404.