KCBD First Freeze Official Promotional Rules 2021
LUBBOCK, Texas (KCBD) -
First Freeze 2021
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION SPONSORS, DESCRIPTION AND DATES
a. The First Freeze (“Promotion”)) is sponsored by KCBD-TV (the “Station”), 5600 Avenue A, Lubbock, Texas, 79414; Yates Flooring Center, 1901 W. Loop 289, Lubbock, TX 79407 (“Sponsor(s)”). Yates Flooring Center and not KCBD, is solely responsible for awarding the prize.
b. The Promotion begins at 9/9/2021 at 12:00 PM CST and ends when the first freeze of the season occurs, as determined by the National Weather Service Office in Lubbock, Texas. Entries must be received by end of business closing three days prior to the first freeze.
c. Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the United States, in NY and FL, as applicable, and where prohibited.
d. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. By submission of an entry, an entrant releases Facebook from any responsibility or liability for the Promotion’s administration, prizes or promotion. You are providing entry information to the Sponsors and not to Facebook.
a. The Promotion is open only to legal residents of the United States and the District of Columbia (except NY and FL) who are 18 years of age or older at the time of entry and who reside in one of the following Texas counties: 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. Employees of either Sponsor, its parent, subsidiary, and affiliated entities, advertising agencies, participating sponsors/promotional partners, other broadcasting stations in the Lubbock DMA and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win.
a. There are 2 ways to enter this promotion. Beginning at 12:00pm on September 9th, 2021, individuals can go to Yates Flooring Center, 1901 W. Loop 289, Lubbock, TX 79407 and complete the entry form. Individuals can also enter by obtaining an entry form and completing and mailing the entry form to First Freeze, KCBD-TV, 5600 Avenue A, Lubbock, TX 79404. (Entry forms must include: name, address, phone number, and the day, hour, and minute of the first freeze.) Entries must be receive by three days prior to the first freeze of the season in order to qualify. All entries become property of Sponsor(s), and Sponsor(s) reserve(s) the right to use any information submitted by entrants.
4. PRIZES AND ODDS OF WINNING
a. The winner will be awarded a $5000 gift certificate from Yates Flooring Center. The prize money can be put toward anything sold by Yates Flooring Center, as well as services such as installation, etc. The Sponsor(s) reserves the right to substitute a prize of equal or greater value.
5. WINNER SELECTION AND NOTIFICATION
a. The person who comes the closest to guessing the exact time (day, hour, minute) of the first freeze, will be declared the winner. In the event of a tie, the individual who entered earlier will win. If both contestants entered on the same day, a drawing will take place on air during a KCBD NewsChannel 11 broadcast. Winner will be notified by phone within two days after the first freeze occurs. The inability of Contest Sponsors to contact a potential winner may result.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner(s). Winner(s) will be required to complete and submit an IRS Form W-9 or the equivalent including a winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by Sponsors (in combination with any prizes won in Promotions run by any other Gray television station) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.
b. Participating in the Promotion and acceptance of a prize constitutes a winner’s and guest’s (where applicable) permission for a Sponsor or its agents to photograph, film and record each winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, a Sponsor may, where legal, require a winner (and guest or travel companion, where applicable) to sign a publicity release confirming such consent prior to acceptance of the prize. It is the responsibility of the winner(s) to ensure that their guest(s) or travel companion(s) sign and return to the Station any required release.
c. To the fullest extent permitted by law, by participating in the Promotion, you:
i. agree to grant the Sponsors a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of your contest entry (the “Materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to you or any third party;
ii. acknowledge that the Sponsors reserve the right, in their sole discretion, not to use the Materials at all; and
iii. represent and warrant that: you are 18 years of age or older; you have the full legal right, power and authority to grant to the Station the license provided for herein; you own or control the complete exhibition and other rights to the Materials you submitted for the purposes contemplated in this license; you are either the parent (or legal guardian) of any minor featured in the Materials or have received the express consent of the parent (or legal guardian) for any such minor to appear in the Materials and to enter the minor’s likeness in the Materials in the contest; and neither the Materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
d. Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the Promotion, a Sponsor in its sole discretion may require verification of Promotion winner’s or winners’ identification by a showing of valid government-issued photo identification.
e. To the fullest extent permitted by law, by participating and/or accepting a prize, entrants, winner(s) and guests (if applicable) agree to release and hold harmless the Station, the Sponsor(s) and promotional partner(s), its advertising and promotion agencies, any social media platform utilized in the conduct of the Promotion (including but not limited to Facebook, Inc.) and each of their respective parent, subsidiary and affiliated entities, and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each of them (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion. The Sponsors may also require eligible Promotion winner(s) and their guests or travel companions, if any (as well as each of their parent(s) or legal guardian(s), if winner(s), guest(s) or travel companion(s) are under the age of majority in their state of residence), to sign a liability release confirming such consent. It is the responsibility of the winner(s) to ensure that their guest(s) or travel companion(s) sign and return to the Station any required release.
f. The Sponsors, in their sole discretion, reserve the right to disqualify any person (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of the Station’s website, Facebook Page, and/or any other social networking site used in the Promotion, or is otherwise in violation of the rules. The Sponsors further reserve the right, at their sole discretion, to modify, cancel, terminate or suspend the Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the control of Sponsors, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by the Station in is sole discretion. Any attempt by an entrant or any person to deliberately damage any station website, Sponsor website, Facebook Page, and/or any other social networking site used in the Promotion or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. A Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Sponsors, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Sponsors reserve the right, but not the obligation, to modify, terminate, suspend or cancel the Promotion and shall not be required to award a substitute prize.
g. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Due to online streaming delays, online viewers of station programming may have difficulty participating in on-air contests. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Station’s control.
h. To the fullest extent permitted by law, by participating in the Promotion, you understand and agree that:
i. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
ii. any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
iii. any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event and under no circumstances will entrants or winners be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
iv. any claim or dispute regarding the Promotion or these Official Rules will be resolved pursuant to the laws of the State of Texas, without regard to the conflicts of laws and rules of that State or Commonwealth;
v. any claim or dispute regarding the Promotion or these Official Rules will be resolved in a tribunal within the State of Texas, and you submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
vi. if for any reason a claim or dispute regarding the Promotion or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial. TRIAL BY JURY IS WAIVED.
i. The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
a. To obtain a copy of the Official Rules or a list of winner(s) following completion of the Promotion (please specify which), send a self-addressed, stamped envelope specifying “Official Rules” to First Freeze or Official Rules Request, KCBD-TV, 5600 Avenue A, Lubbock, TX 79404. A copy of the Official Rules and a list of winner(s) (when complete) are also available during regular business hours at the main studio. KCBD-TV, 5600 Avenue A, Lubbock, TX 79404. All such requests must be received within thirty (30) days following completion of the Promotion.
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