Pepsi Amp & Kickstart Energy Drink Facebook Sweepstakes
- NO PURCHASE NECESSARY. The Pepsi Amp & Kickstart Energy Drink Facebook Sweepstakes is sponsored by Media General Operations, Inc. d/b/a (“WCMH”) and [Pepsi] (collectively referred to as “Sponsors”). The geographic scope of this sweepstakes is the state of Ohio in Athens, Coshocton, Crawford, Delaware, Fairfield, Fayette, Franklin, Guernsey, Hardin, Hocking, Noble, Knox, Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Pike, Ross, or Union counties. (“Sweepstakes Area”).
- Sweepstakes is subject to all federal, state and local laws. Void outside Sweepstakes Area and where prohibited. WCMH shall be entitled to interpret these Official 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. Limit one (1) entry per person. Limit one (1) prize per household. “Household” includes all persons residing together in a single residence, whether or not related.
- Sweepstakes begins on December 19, 2015 and ends on December 19, 2015. Entry deadline is December 19 at 11:59 p.m. ([ET]). WCMH’s computer is the official time-keeping device for this Sweepstakes promotion. Drawing to determine winner(s) will be held on or about December 21, 2015.
- This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to WCMH and not to Facebook. The information you provide will only be used for administration of the Sweepstakes and as otherwise set forth in these Official Rules. Any questions that you have about this Sweepstakes must be directed to WCMH and not to Facebook.
- All entrants must be eighteen (18) years old and legal residents of the state of of Ohio in Athens, Coshocton, Crawford, Delaware, Fairfield, Fayette, Franklin, Guernsey, Hardin, Hocking, Noble, Knox, Licking, Logan, Madison, Marion, Morrow, Perry, Pickaway, Pike, Ross, or Union counties. (“Sweepstakes Area”) at the time of entry.
- Employees of Media General Operations, Inc. d/b/a WCMH, Pepsi and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win.
- Prizes ([One]): Five cases of Amp energy drink and five cases of Kickstart energy drink. ARV: $573.60.
- The odds of winning depend on the number of entries received.
- All details of all prizes shall be at WCMH’s sole discretion. Winners assume sole responsibility for all costs associated with the prizes not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), fees, surcharges on a prize, all hotel accommodations not expressly included above, meals, beverages, tips, gratuities, sightseeing, souvenirs, air and ground transportation and incidentals.
- Prizes are not redeemable for cash and may not be sold, bartered or auctioned. Prizes may not be transferred or substituted except that WCMH 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.
- Any portion of any prize not used by any winner is forfeit and no cash substitute will be offered or permitted. All prizes being offered are provided “as is” with no warranty or guarantee either express or implied by Sponsors. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsors 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.
- Entries will be accepted beginning December 19 at 7:50 p.m. [ET] and ending December 19 11:59 p.m. [ET] (“Entry Period”).
- Online Entry for Facebook Users: Facebook users may enter by visiting our Facebook page at https://www.facebook.com/NBC4i and then completing an Official Entry Form with the following required information: (i) name, (ii) address, (iii) telephone number, (iv) e-mail address, and (v) date of birth.
- Limit one (1) entry per person or email address during the Entry Period, regardless of method of entry. Additional entries received from any such person or email address thereafter will be void. No group submissions will be accepted. 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) are prohibited and will void all Entries submitted by that Entrant.
- Online entries must include a valid e-mail address for the entrant. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be deemed made by the “Authorized Account Holder” of the e-mail address number used at time of entry. “Authorized Account Holder” is defined as the natural person, 18 years of age or older, who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or the natural person, 18 years of age or older.
- To be eligible for the drawing, all entries (regardless of the method of entry) must be received by WCMH no later than December 19, 2015 at 11:59 p.m. ET. Entrants who fail to provide the required information will not be eligible to win and will not be notified by WCMH. WCMH is not responsible for, and entrants assume all risk of, Entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by WCMH prior to the stated deadline, and all such Entries are void. All Entry Forms become the property of WCMH and will not be returned or acknowledged.
- On December 21, 2015, or within a reasonable time thereafter, WCMH or its designee will randomly choose one name from all timely entries received. Subject to verification of eligibility, the persons whose names are so drawn will be declared the winners.
- WCMH will contact all potential winners in accordance with the information supplied to WCMH on their Entry Forms. Winners may be verified over the telephone at the time and may be asked to provide WCMH with valid identification and execute an affidavit of eligibility or declaration and, where legal, a publicity release, and return these documents within seven (7) days of notification. Acceptable identification includes a valid driver’s license or other valid picture ID showing name and address. The winners may also be required to sign other legal documents, including tax forms and a release supplied by WCMH that, among other disclaimers, releases Sponsors and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Sweepstakes and the receipt and use of any prize. Upon verification of eligibility, the names of winners may, in WCMH’s sole discretion, be posted at [www.nbc4i.com].
- In the event that any potential winner (a) cannot be contacted directly by WCMH within two (2) 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, WCMH in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing to be held as soon as reasonably practicable after initial winner is determined to be ineligible. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. If time permits, WCMH will conduct up to three (3) alternate drawings. If WCMH is unable to confirm an eligible winner for a particular prize after three (3) alternate drawings, no further drawings will be conducted for that prize and that prize will not be awarded.
- By accepting a prize, winners agree to award WCMH the right to publicize their names, photographs (including the use and appearance of winner’s photograph on WCMH’s web page), 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
- Entrants agree that Media General, Inc., Media General Operations, Inc. d/b/a WCMH TV Columbus, Pepsi and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (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 WCMH by the deadlines 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 Sweepstakes or in the printing of this offer, administration of this Sweepstakes, 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 Sweepstakes, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Sweepstakes; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Sweepstakes, the acceptance of entries, the selection of winners, the prizes or otherwise in any Sweepstakes-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 Sweepstakes (in whole or in part), the use (including modification, adaptation, and reproduction) of Entry materials during or after the Sweepstakes, 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 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 SWEEPSTAKES 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 SWEEPSTAKES OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SWEEPSTAKES. RELEASED PARTIES WILL NOT BE LIABLE AND ARE NOT RESPONSIBLE FOR DAMAGES FO ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE SWEEPSTAKES, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL.
- BY ENTERING THE SWEEPSTAKES AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE AND WILL BE HELD HAMRLESS 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 ACCETPANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE SWEEPSTAKES, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
- 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.
- Facebook is not a sponsor of this Sweepstakes. 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 Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes.
- WCMH reserves the right to cancel, terminate or suspend this Sweepstakes or any part of this Sweepstakes 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 this Sweepstakes as determined by WCMH in its sole discretion, at which time, WCMH will select the winner by conducting a random drawing from among all non-suspect entries received at the time of the Sweepstakes cancellation, termination or suspension.
- WCMH reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, WCMH finds such entrant to be tampering with the entry process or the operation of the Sweepstakes, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner WCMH determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Sponsors; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Sweepstakes in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules including by using an automated device or by using more than one e-mail address. Any failure by the WCMH 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 SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WCMH RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- WCMH reserves the right to correct typographical or clerical errors in any sweepstakes-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, WCMH reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
- By entering the Sweepstakes, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, 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 Sweepstakes, 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. 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.
- In the event of any discrepancy or inconsistency between any terms and conditions of these Official Rules and any disclosures or other statements contained in any other Sweepstakes-related materials, including but not limited to the 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.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, WCMH and any other Sponsors in connection with the Sweepstakes, shall 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 that would cause the application of the laws of any jurisdiction other than the State of Ohio. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Ohio, County of Franklin 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 Official 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 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.
WINNER’S LIST/OFFICIAL RULES COPY
- For a copy of the Official Rules or the final Winners’ List, visit [www.nbc4i.com] or mail a SASE to: Pepsi Amp & Kickstart Energy Drink Facebook Sweepstakes c/o WCMH, 3165 Olentangy River Road, Columbus, OH 43202 specifying either “Winners’ List Request” or “Official Rules Request.” Winners’ List will be available after January 25, 2016.