Ride into Summer with Ricart and NBC4
- NO PURCHASE NECESSARY TO ENTER OR WIN. The Ride into Summer with Ricart and NBC4 (the “Promotion”) is sponsored by Media General Operations, Inc. d/b/a WCMH-TV and nbc4i.com (“NBC4”) and Ricart Automotive Group (“Ricart”) (together, the “Promotion Parties”). Promotion is only offered in the NBC4 viewing area within the following Ohio counties: Athens, Coshocton, Crawford, Delaware, Fairfield, Fayette, Franklin, Guernsey, Hardin, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Pike, Ross and Union (the “Promotion Area“). Void outside Promotion Area and where prohibited.
- Promotion is subject to all federal, state and local laws. NBC4 shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, each entrant irrevocably, fully and unconditionally agrees to be bound by these Official Rules and waives any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
- Promotion begins on May 4, 2015. Final entry deadline is May 22, 2015 at 11:59 p.m. Eastern Time (“ET”). Drawings to determine potential winners will be held week days starting May 5, 2015 and ending May 25, 2015, with Daily Prize winners selected each week day, Weekly Prize winners selected each Monday, and Grand Prize winner selected on May 25, 2015. NBC4’s computer is the official time-keeping device for this Promotion.
4. Grand Prize winner will be required to pay dealer prep fee of $283.50 prior to and as a condition of taking delivery of prize vehicle. Each winner will be issued an IRS 1099 MISC tax form (or its equivalent) for the ARV of the prize awarded if required and is solely and exclusively responsible for any and all state, federal or local income taxes that may result from his or her acceptance of any prize.
- This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to NBC4 and not to Facebook. The information entrants provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions that entrants have about this Promotion must be directed to NBC4 and not to Facebook.
- To be eligible, each entrant must be at least eighteen (18) years old and a legal resident of the Promotion Area (above), with an active Facebook account prior to May 4, 2015. In addition, to be eligible to win Grand Prize, entrant must have a Beacon credit score of 740 or higher.
- Employees of NBC4, Ricart Automotive, Media General, Inc., any other entity directly involved in the development or administration of this Promotion, and the members of their immediate families (defined as spouses, parents, siblings and children) and households (whether or not related), are not eligible to participate or win. The term “household” includes all persons residing together in a single residence, whether or not related.
- Daily Prizes (15): $100 Visa® Gift card. Approximate Retail Value (“ARV”): $100.
- Weekly Prizes (4): $1,000 payable via company check. ARV: $1,000.
- Grand Prize (1): Grand Prize winner’s choice of either a two (2) year lease on any new compact or mid-sized sedan in Ricart Automotive current on-site inventory (lease value between $4,800 and $7,200) or $3,000 cash payable via company check. Prize does not include dealer prep fee of $283.50. ARV: $3,000 to $7,200.
- The odds of winning depend on the number of entries received. Limit one (1) Daily Prize and one (1) Weekly Prize per person.
- ARV of Grand Prize lease is based on value of a twenty-four (24) month lease on compact/mid-sized sedans with manufacturer’s suggested retail price (“MSRP”) ranging from $17,695 to $22,995. Grand Prize lease includes up to twenty thousand miles (20,000). MSRP is calculated excluding destination freight charges, tax, title, license, dealer fees and optional equipment. Winner will not be entitled to any compensation or reimbursement for any unused miles at end of lease. Manufacturer, make, model, trim level, color and options of available automobiles are subject to change. Vehicle awarded may differ from any vehicle shown in promotional materials. There is no warranty or guarantee, expressed or implied, relative to automobile prizes, including but not limited to quality, mechanical condition or fitness, except as may be offered by manufacturer or otherwise required by law.
- Actual value of Grand Prize will vary depending on whether Grand Prize winner elects to receive the vehicle lease or the cash and, if winner elects to receive leased vehicle, the actual vehicle selected by winner. If actual value of Grand Prize awarded is less than the maximum ARV stated above, Grand Prize winner will not be entitled to any compensation or reimbursement for difference in value.
- Manufacturer, make, model, trim level, color and options of available automobiles are subject to change. There is no warranty or guarantee, expressed or implied, relative to Grand Prize, including but not limited to quality, mechanical condition or fitness, except as may be offered by manufacturer or otherwise required by law. Grand Prize winner is exclusively responsible, at his or her sole expense, for tax, tag, title, license, registration, dealer preparation costs of approximately $283.50, insurance and other fees associated with automobile lease prize. Any travel and lodging associated with the acceptance and pick up of the vehicle is the responsibility of Grand Prize winner.
- Grand Prize winner must take delivery of his or her prize, in person, from a dealership designated by Promotion Parties at a time specified by Promotion Parties. Prior to, and as a condition of, taking possession of leased vehicle, Grand Prize winner will be required to (a) pay the dealer preparation costs and/or fees, (b) must present a valid driver’s or operator’s license in the class or category required for the relevant automobile and proof of insurance of at least the minimum amounts required by Ohio law with comprehensive and collision and not to exceed one thousand dollar ($1,000) deductible, and (c) execute any documents necessary to take possession of the prize vehicle or otherwise required by dealer, including standard lease agreement (below). At the time the Grand Prize winner picks up the vehicle, he or she will assume full responsibility for the vehicle. Grand Prize winner must take possession of automobile no later than thirty (30) days after verification of eligibility. Failure to do so will result in forfeiture of the prize.
- Grand Prize winner may be required to sign standard lease agreement and will be responsible for (a) all expenses associated with the prize vehicle and prize vehicle lease, including without limitation, insurance, excess mileage over twenty thousand (20,000) miles, vehicle damage, above normal wear and tear and other expenses set forth in the lease agreement and (b) compliance with the terms of the vehicle lease. Grand Prize winner may be offered option to purchase prize vehicle at lease end for an amount to be determined at time Grand Prize winner takes delivery of prize vehicle.
- Gift card prizes are subject to all terms and conditions thereon as well as any additional limitations or restrictions imposed by issuer. Visit www.visa.com/gift for more information.
- All prize details shall be at NBC4’s sole discretion. Each winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, or fees. Any winner who wins prizes through any NBC4-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 Form.
- Non-cash prizes are not redeemable for cash and may not be sold, bartered or auctioned. Any prize or portion thereof not accepted by any winner is forfeited and no cash or substitute will be offered or permitted. The right to receive any prize is not transferrable. Prizes may not be substituted except that NBC4 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.
- Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Prizes carry no warranty other than that offered by relevant manufacturer. Promotion Parties 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.
- To be eligible to enter, you must have an active Facebook account prior to May 4, 2015. Entries will be accepted beginning May 4, 2015 at 6:00 a.m. ET and ending May 22, 2015 at 11:59 p.m. ET.
- To enter, tune into NBC4 (“NBC4”) on week days from May 4, 2015 until May 22, 2015. Each week day, a Ricart Place of the Day (the “Daily Place”) will be announced during NBC 4 Today (6:00 a.m.), NBC4 Midday (12:00 p.m.), NBC4 at 5 (5:00 p.m.) and NBC4 at 11 (11:00 p.m.). The Daily Place will change each day.
- Once you have the Daily Place, you may submit your entry at any time until 11:59 p.m. ET the same day by visiting www.facebook.com/NBC4i (the “Promotion Page”) and completing an official entry form with all required information, which may include name, address, telephone number, e-mail address, and date of birth or age and the correct Daily Place. Only entries that are received by 11:59 p.m. on the same day with the correct Daily Place will be valid. Entries will not be accepted via any other method.
- Bonus Entries: Once you have completed your entry, you will be presented with the opportunity to earn one (1) additional entry each day (each, a “Bonus Entry”) by following the instructions provided to share the Promotion with friends with whom you have existing relationships via one (1) or more various social media platforms. You will earn one (1) Bonus Entry if a friend timely and properly enters through your shared URL as long you are using the “sharing” functionality provided via the contest app at the Promotion Page.
- To be eligible for a particular drawing, entries must be received no later than 11:59 p.m. ET on the week day before the scheduled drawing. All entries must be received by NBC4 no later than May 22, 2015 at 11:59 p.m. ET. Proof of sending is not proof of receipt by NBC4. NBC4 will not accept screen shots as proof of entry.
- Non-winning entries will carry forward to subsequent drawings, if any. Limit one (1) entry and one (1) Bonus Entry per person per day. For purposes of this Promotion, a “day” begins at 6:00 a.m. ET and ending at 11:59 p.m. ET on the same day. Additional entries received from any such person thereafter will be subject to disqualification. 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 or multiple or different e-mail addresses, identities, registrations, Facebook accounts, or logins) are prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
- Each entry must include a valid e-mail address for the entrant. NBC4 is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on a Facebook account, the entry will be deemed made by the “Authorized Account Holder” of the Facebook account used for entry. The Authorized Account Holder is the natural person who is assigned to the Facebook account by Facebook.
- Entrants who fail to provide any required information may be disqualified without further notification by NBC4. NBC4 is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. NBC4 reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of NBC4 and will not be returned or acknowledged.
- All dates and times are subject to change in the event of technical issues or human error affecting any scheduled broadcast of NBC4 or the entry process, or in the event of breaking news or national or local emergency or condition that is of greater public importance, in NBC4’s sole discretion, than the timely execution or broadcast of NBC4. If any of the foregoing result in the non-broadcast of NBC4 during the scheduled time, the corresponding prizes will be rolled forward into future drawings, if any. If no drawings remain, such prize will not be awarded. NBC4 will not be responsible for breaking news preemption, weather, acts of God, acts of terrorism, civil disturbances, strike, work stoppage, natural disaster, technical malfunctions, scheduling conflicts, non-broadcast, out-of-normal-timeslot telecast, or any other events or occurrences that may result in the modification or cancellation of any NBC4 by NBC4 in its discretion.
SELECTION, NOTIFICATION AND VERIFICATION OF winners
- Winners will be selected as follows:
- Daily Prizes: Each week day starting on May 5, 2015 and ending on May 25, 2015, or within a reasonable time thereafter, NBC4 or its designee will randomly choose one (1) name from all timely entries received, for a total of fifteen (15) names. Subject to verification of eligibility, the persons whose names are so drawn will be declared the Daily Prize winners.
- Weekly Prizes: Each Monday starting on May 11, 2015 and ending on May 25, 2015, NBC4 or its designee will randomly choose one (1) name from all timely entries received, for a total of four (4) names. Subject to verification of eligibility, the persons whose names are so drawn will be declared Weekly Prize winners.
- Grand Prize: On May 25, 2015, or within a reasonable time thereafter, NBC4 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 Grand Prize winner.
- Limit one (1) Daily Prize and one (1) Weekly Prize per person. NBC4 will contact each potential winner in accordance with the information supplied to NBC4 on his or her entry form. Each winner must respond to initial notification within forty-eight (48) hours and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents to NBC4 no later than five (5) business days after initial notification and as a condition of receiving prize. NBC4, in its sole discretion may allow for transmission of verification documents via fax or e-mail. Arrangements will be made with verified winners for pick-up or delivery of prizes.
- In the event that any potential winner (a) cannot be contacted directly by, or does not respond to, NBC4 within forty-eight (48) hours of 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, NBC4 in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. NBC4 will conduct up to two (2) alternate drawings for any Weekly or Grand Prize and one (1) alternate drawing for any Daily Prize. If NBC4 cannot verify a Weekly or Grand Prize winner for a particular prize after two (2) alternate drawings, or a Daily Prize winner after one (1) alternate drawing, no further drawings will be held for that prize and that prize will not be awarded.
- NBC4 may, in its sole discretion, post some or all of the verified winners’ names on any of NBC4’s websites, including www.nbc4i.com and/or to broadcast them on any of NBC4’s stations
- By accepting a prize, each winner agrees to award NBC4 the right to publicize his or her name, photographs (including the use and appearance of winner’s photograph on NBC4’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
- Entrants agree that NBC4, Ricart Automotive, Media General, Inc., Facebook, any other company involved in the development or administration of this Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (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 NBC4 by any deadline 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 Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-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 Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
- 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 any 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 PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF any prize OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. 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 PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
- BY ENTERING THE PROMOTION 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 PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
39. 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.
- NBC4 reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, in the event that NBC4 determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond NBC4’s control. In such an event, NBC4 will post notice of same at the Promotion Page and select the winners by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as NBC4, in its sole discretion, deems fair and appropriate under the circumstances.
- NBC4 reserves the right to disqualify any individual from further participation in the Promotion if NBC4 concludes, in its sole discretion, that such person (a) has attempted to tamper with the Promotion process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards NBC4 or any other Promotion Party or entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by NBC4 to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
- ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND NBC4 RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
- All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules. If NBC4 determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, NBC4 reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time. NBC4 reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if NBC4 determines in its sole discretion that awarding a prize to any such individual might reflect negatively on NBC4. Each entrant agrees to cooperate with NBC4 and its representatives in connection with any and all verification, auditing and/or background check activities.
- NBC4 reserves the right to correct typographical, printing or clerical errors in any Promotion-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, NBC4 reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
45. By entering the Promotion, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, 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 Promotion, 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 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.
46. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, shall be governed by Ohio law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Ohio. Each entrant expressly (a) agrees that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Franklin County, Ohio, and (b) consents to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
47. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. In the event that any provision of these Official Rules 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
- For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or www.nbc4i.com or mail a SASE to: Ride into Summer with Ricart & NBC4, c/o NBC4, 3165 Olentangy River Road, Columbus, OH 43202, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after June 25, 2015.
- Facebook is not a sponsor of this Promotion. 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 Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.