Trans-Siberian Orchestra Ricart Auto Dealership NBC4 Giveaway Official Rules

Trans-Siberian Orchestra
Ricart Auto Dealership NBC4 Giveaway

OFFICIAL RULES

 

  1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Trans-Siberian Orchestra Ricart Auto Dealership NBC4 Giveaway (the “Contest”) is sponsored and administered by Media General Operations, Inc. d/b/a WCMH-TV and nbc4i.com (“NBC4”) and co-sponsored by Ricart Auto Dealership (“Ricart”) (together, the “Contest Parties”). Contest 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, Madison, Marion, Morgan, Morrow, Noble, Perry, Pickaway, Pike, Ross and Union (the “Contest Area“). Void outside the Contest Area and where prohibited.

 

  1. In addition to certain terms elsewhere defined within these Official Rules, the following additional definitions shall apply:

 

  1. Eligible TSO Song” means any song written and performed by the Trans-Siberian Orchestra (“TSO”), excluding “Nutrocker,” and for which sheet music has been made available for purposes of this Contest;

 

  1. Representative” means a current teacher, coach or school administrator employed full-time by the corresponding School.

 

  1. Contest 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, votes, deadlines, winner selection, prize restrictions, and eligibility — and all its decisions are final. By entering, voting and/or otherwise participating, you (or your parent/legal guardian, if you are a minor) irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Contest-related advertising or materials.

 

  1. Contest begins on November 8, 2016 at 12:00 PM Eastern Time (“ET”). Entry deadline is December 2, 2016 at 11:59 PM ET. Public voting to determine potential winning school (“Winning School”) will run contemporaneously with the entry period and be completed no later than December 2, 2016. NBC4’s computer is the official time-keeping device for this Contest.

 

ELIGIBILITY

 

  1. Contest is open only to non-profit high schools accredited by the Ohio Department of Education that are located within the Contest Area.

 

  1. High school students currently attending eligible schools are invited to participate in the Contest by creating a Video (as described below) whether as part of a music group, such as bands, ensembles, duets, trios, etc., as part of a non-music group, such as teams, clubs, or friends, or as individuals (each referred to as a “Group”). Subject to the requirements described below, Groups may sing, play instruments, lip-synch, play “air guitar”, dance, march, flash mob, or otherwise showcase their enthusiasm and creativity. Prize will be awarded to Winning School.

 

  1. Each Video must be submitted on behalf of the participating Group by a Representative of the School who is at least eighteen (18) years old and a legal United States resident living in the Contest Area (above) and must be submitted through Representative’s School e-mail address for verification purposes.

 

  1. Employees of NBC4, Media General, Inc. (“Media General“), Ricart, TSO, any other entity directly involved in the development or administration of the Contest, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to act as Representatives. The term “household” includes all persons residing together in a single residence, whether or not related.

 

Prize & ODDS

 

  1. Grand Prize (1): Two hundred (200) tickets (general reserved seating) to a matinee performance of Trans-Siberian Orchestra presents The Ghosts of Christmas Eve (the “Show”) at Nationwide® Arena (“Arena”), 200 West Nationwide Boulevard, Columbus, Ohio, on December 29, 2016 at 4:00 PM ET, and one (1) autographed guitar to be presented to the Winning School. Approximate Retail Value (“ARV“): $9,470.

 

  1. Winning Group may also be invited to perform on NBC4 Today (live or pre-recorded) in NBC4’s sole discretion.

 

  1. The odds of winning depend on the number of entries and votes received.

 

PRIZE RESTRICTIONS

 

  1. Actual value of Grand Prize will depend on number of students, chaperones, and other guests in attendance at the Show. If the actual value of Grand Prize awarded is less than the ARV stated above, Winning School will not be entitled to any compensation or reimbursement for difference in value. Opportunity to perform on NBC4 Today has no retail or cash value and is subject to exclusive and absolute discretion of NBC4. If this element of prize is not awarded for any reason, Winning Group will not be entitled to any substitute or other compensation.

 

  1. All prize tickets or passes must be used on the date and time set forth above in the prize description or on the tickets or passes. Use of tickets or passes is subject to all TSO and Arena rules, regulations, policies and restrictions. For more information about Arena, visit http://www.nationwidearena.com or call (614) 246-2000. Show attendees may be required (or their respective parents or legal guardians may be required) to sign liability waivers and/or publicity releases prior to receipt of prize tickets or passes or admission to Show. Contest Parties will not be responsible for weather, acts of God, acts of terrorism, civil disturbances, labor or other strike or work stoppage, or any other natural disaster outside their control that may cause the cancellation or postponement of the Show or closure of the Arena or any other inability to use prize tickets or passes in whole or in part and the terms and conditions on, or applicable to, the tickets or passes will govern in such event. Contest Parties will not replace any lost, stolen or damaged prize tickets, passes, vouchers or similar items once they have been provided to Winning School.

 

  1. Winning School understands and acknowledges that all Show attendees must comply with all applicable TSO regulations and policies in connection with the use of Show tickets or passes and that TSO may remove or deny entry to any attendee, who engages in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other attendee, guest, TSO employee or other person, or in any other way that violates any TSO policies or is otherwise potentially disruptive during Show.

 

  1. All prize details shall be at NBC4’s sole discretion. Winning School and all attendees assume 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, fees, tips, gratuities, parking, concessions, souvenirs, merchandise, all transportation, travel or lodging, food, beverages, snacks, and personal items.

 

  1. Prize is not redeemable for cash and may not be sold, bartered or auctioned. The right to receive prize is not transferrable. Prize or any portion thereof not used or accepted by Winning School is forfeited and no cash or substitute will be offered or permitted, unless required by law. Prize 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.

 

  1. Prize offered is provided “as is” with no warranty or guarantee either express or implied by Contest Parties. Merchandise prize component carries no warranty other than that offered by manufacturer. Contest 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 prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.

 

TO enter

 

  1. Entries will be accepted beginning November 8, 2016 at 12:00 PM ET and ending December 2, 2016 at 11:59 PM ET. Please note that the entry period and voting period run contemporaneously, so you should submit your entry as early as possible. To enter, you must complete each of the following three (3) steps:

 

  1. First, you must create a video (your “Video”) up to two minutes (2:00) run-time of your Group performing any Eligible TSO Song. As noted earlier, no music ability is required and you can sing, play instruments, lip-synch, play “air guitar”, dance, march, flash mob, or otherwise showcase your enthusiasm and creativity;

 

  1. Next, select an eligible Representative who will submit the Video entry on your behalf; and

 

  1. Finally, your Representative must visit http://www.nbc4i.com (the “Contest Page“), follow the instructions to complete an official entry form with all required information, which may include his/her name, title, his/her age or date of birth, his/her School e-mail address, School principal’s full name, School phone number, School physical address, name of the Group, confirmation that all minor Group members have parent/guardian consent, and upload the Video.

 

Each Video and entry must comply with all terms and conditions at the Contest Page (the “Website Terms”), as well as all the “Submission Requirements” below. Your entry is not complete until all three (3) steps above have been properly completed. This is the only method of entry. Entries will not be accepted via U.S. mail, e-mail, or any other method.

 

  1. All entries must be received by NBC4 no later than December 2, 2016 at 11:59 PM ET. Proof of sending is not proof of receipt by NBC4 will not accept screen shots as proof of entry.

 

  1. Limit one (1) entry per Group. Additional entries received from any such Group thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, 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, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in NBC4’s sole discretion.

 

  1. Entries must include a working School telephone number and valid official School e-mail address for the Representative. NBC4 is not responsible for voice or electronic communications that are undeliverable because of any form of call blocking of any kind or inability to leave a voice message or passive or as to e-mail, active filtering of any kind. In the event of a dispute as to the identity or eligibility of a Winning School’s Representative based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain. In the event of a dispute as to the identity of any Representative, the potential Winning School agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.

 

  1. 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.

 

  1. The information that Representatives provide in connection with the Contest may be used by NBC4 in accordance with its Privacy Policy, which is found at http://nbc4i.com/privacy-policy and which may be updated from time to time.

 

Submission Requirements

 

  1. Each entry and Video must satisfy the following Submission Requirements:

 

  1. Except for the Eligible TSO Song, each Video must be original to you (not copied, adapted, or reproduced from any other source and not in collaboration with any other person). In other words, only the person who took or created the Video is permitted to submit it in this Contest;

 

  1. No watermarks, signatures, or copyright notices may be added to any Video and Groups may not assert any ownership of rights of any kind in the Eligible TSO Songs;

 

  1. Videos are limited to maximum run-time of two (2) minutes.

 

  1. Videos must not depict any content, language or images that would make the Videos inappropriate for publication or broadcast to a general audience as determined by NBC4 in its absolute and sole discretion. Without limiting the foregoing, Videos that include foul language, nudity or other states of undress, graphic or excessively violent content, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or content that appears to violate any third party intellectual property rights, as determined by NBC4 in its absolute and sole discretion will be disqualified.

 

  1. Any individuals identifiable in any Video must have agreed to be so identified (or if minors, have furnished parental consent) and Representative must be able to furnish documentation of such consent if requested.

 

  1. Videos must not depict any identifiable brand names, trademarks, logos or trade names other than those belonging to Contest Parties.

 

  1. All music contained in your Video must be within the list of Eligible TSO Songs made available as part of this Contest and must not alter the corresponding lyrics in any way.

 

  1. Videos must not have been previous published or submitted to any other contest promotions and must not be pending publication.

 

  1. If NBC4 receives any claim of unauthorized use of any content contained within the Video by any third party, NBC4 reserves the right to immediately terminate access to and disqualify such Video. In addition, if NBC4 determines at any time during the Contest that any Video violates these Official Rules, or is otherwise unsuitable, offensive, in poor taste, or otherwise not in keeping with NBC4’s corporate image, as determined in its sole discretion, NBC4 reserves the right to reject and disqualify such Video. You agree that NBC4 has the sole discretion to decide whether any entry and Video satisfies these Official Rules and that its decisions are final.

 

Entrant’s License & Warranty

 

  1. By submitting an entry and Video, you expressly grant to NBC4 (and to those acting on NBC4’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the entry and Video) to display, reproduce, distribute, publish, perform, edit, otherwise use the entry and Video for advertising and promotional purposes, including the display of the entry and/or Video on NBC4’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Contest. For clarity, NBC4 has the right (but not the obligation) to publish any entry and/or Video on NBC4’s website(s) and/or social media channels and as NBC4 otherwise so chooses.

 

  1. By submitting an entry, you warrant that (a) you are legally entitled to submit the entry and/or Video in the Contest, (b) the entry and Video do not infringe any third party rights, (c) any minors who are Group members or who are otherwise identifiable in the Video have obtained parent/guardian consent to participate, and (d) the entry and Video comply in all respects with the Official Rules and Website Terms and you agree to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.

 

PUBLIC VOTING PERIOD (11/7/16 – 12/2/16)

 

  1. Beginning on November 8, 2016 at 12:00 PM ET and ending December 2, 2016 at 11:59 PM ET (the “Public Voting”), all timely and properly submitted Videos will be displayed at the Contest Page where individuals who visit the Contest Page (collectively referred to as “Voters”) may view and vote for their favorite Videos to select the Winning School. All votes must be completed no later than December 2, 2016 at 11:59 PM ET.

 

  1. At the conclusion of the Public Voting, the voting results will be tabulated by NBC4. Subject to verification of eligibility, the School corresponding to the Group whose Video receives the highest number of votes during the Public Voting will be declared the Winning School.

 

  1. Regardless of the results displayed on the Contest Page or “leader board,” no School will be a “Winning School” unless and until the results have been confirmed by NBC4 and its decisions shall be considered final and binding in all results. In the event of a tie, the earlier submitted Video will be declared the winning entry.

 

Voting Restrictions

 

  1. Each Voter may be required to provide a valid e-mail address. NBC4 is not responsible for electronic communications (including those necessary to audit, validate and/or confirm any votes) that cannot be delivered due to incorrect or out-of-date information provided by any Voter or that are undeliverable because of any form of passive or active filtering of any kind. You may vote for your own Video.

 

  1. Voting is limited to one (1) vote per Voter per day. For purposes of voting limits, a “day” begins at 12:00:01 AM ET and ends at 11:59:59 PM ET. Additional votes received from any such Voter thereafter will be subject to disqualification. Facebook “likes” are not considered votes. The use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar methods or agents or multiple accounts or log-ins to vote is prohibited and may result in the disqualification of all votes received through that method and/or from that Voter.

 

  1. Entrants, Group members, Voters and other participants are prohibited from obtaining or soliciting votes by offering prizes or other inducements to members of the public, vote farming, vote purchasing, vote exchanging, or any other activity that artificially inflates such votes as determined by NBC4 in its sole discretion. NBC4 reserves the right to determine in its sole and absolute discretion whether any votes are invalid, to disqualify any duplicate, suspect or otherwise invalid votes and/or to disqualify the corresponding Videos from further participation if NBC4 deems it appropriate under the circumstances, for example, if such voting has substantially impaired or jeopardized the integrity of the voting process with respect to such Video or if the corresponding entrant/Group actively encouraged or participated, directly or indirectly, in the suspect voting. Irregular or suspect votes or votes exceeding the stated maximum number above, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or source or by using multiple e-mail addresses, accounts, and other log-ins will be considered invalid. Entrants, Groups, Voters and other participants agree that all decisions by NBC4 regarding the validity of any votes and/or the disqualification of any votes and/or Videos, shall be final and binding in all respects, without appeal, and without any obligation of NBC4 to engage in any communication, comment or discussion about any such decisions.

 

  1. NBC4 will not accept screen shots as proof of voting. NBC4 is not responsible for, and Voters assume all risk of, votes that are lost, garbled, distorted, incomplete, or containing errors or if for any reason they are not recorded by NBC4 prior to the stated deadline, and all such votes are void. Voters who fail to include any of the information required above may be disqualified from further participation and their votes voided without further notification by NBC4. NBC4 reserves the right in its sole discretion to disqualify any vote or Voter at any time that in its opinion does not comply with these Official Rules.

 

WINNING SCHOOL SELECTION, NOTIFICATION AND VERIFICATION

 

  1. NBC4 will contact the potential Winning School through the Representative of the Winning Group using the information supplied by Representative at the time of entry. The Representative must respond to NBC4 within five (5) days 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), furnish documentation of parent/guardian consent for minor Group members (if any) and/or other documents for Winning School and to provide such documents to NBC4 within ten (10) days and as a condition of Winning School’s receipt of prize. NBC4 in its sole discretion may allow for transmission of verification documents via fax or e-mail. Representative of Winning School will receive instructions on claiming or coordinating prize tickets or passes.

 

  1. If potential Winning School (a) cannot be contacted through its Representative directly by, or does not respond to, NBC4 within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, NBC4 in its discretion may disqualify that School and an alternate Winning School will be selected in accordance with previously described method as soon as reasonably practicable after such disqualification. Alternate Winning Schools are subject to all eligibility requirements and restrictions of these Official Rules. NBC4 will attempt to verify one (1) alternate Winning School. If NBC4 cannot verify a Winning School after one (1) alternate attempt, no further attempts will be made and the prize will not be awarded.

 

  1. NBC4 may, in its sole discretion, post the names of the verified Winning School, Group, and Representative on the Contest Page and/or any of NBC4’s websites, including http://www.nbc4i.com, and on or in any of NBC4’s social media pages or channels, and broadcast them on any of NBC4’s stations.

 

PUBLICITY RELEASE

 

  1. By accepting a prize, Winning School agrees to award NBC4 the right to publicize its name, photographs (including the use and appearance of photograph on NBC4’s websites), 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 WARRANTIES

 

  1. By entering, voting, accepting a prize and/or otherwise participating in the Contest, you agree (or your parent/guardian agrees on your behalf, if you are a minor) that NBC4, Ricart, Trans-Siberian Orchestra, Media General, Facebook, Inc. (“Facebook”), any other company involved in the development or administration of this Contest, 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 properly submitted or received by NBC4 by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Representatives, Groups, Voters, or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the tabulation, verification and/or disqualification of votes, or in the selection or announcement of the Winning School or prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest; (e) are not responsible for any unauthorized third party use of any entry materials (including any Videos); (f) are not responsible for the inability to select Winning School because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of entries and/or Videos, the selection of Winning School, the prize or otherwise in any Contest-related materials.

 

  1. RELEASED PARTIES EXPRESSLY DISCLAIM 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 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 Contest 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 Contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Contest.

 

  1. By entering, voting, accepting a prize and/or otherwise participating in the Contest, you agree (or your parent/guardian agrees on your behalf, if you are a minor) to release and hold Released Parties harmless 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, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Contest (including any Videos); (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of prize; and (d) any other claim or cause of action you may have against any Released Party.

 

  1. BY entering, voting, accepting a prize and/or otherwise participating in THE Contest, you FURTHER AGREE (OR YOUR PARENT/GUARDIAN AGREES ON YOUR BEHALF, IF YOU ARE A MINOR) THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Contest, OR ANY PRIZE 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 Contest, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you HEREBY WAIVE 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.

 

  1. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

 

MISCELLANEOUS

 

  1. NBC4 reserves the right to cancel, suspend or terminate this Contest, or any part thereof, if NBC4 determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest 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 Contest Page and select the Winning School at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Contest or in such other manner as NBC4, in its sole discretion, deems fair and appropriate under the circumstances.

 

  1. NBC4 reserves the right to disqualify any individual or Group from further participation in the Contest (including the Public Voting) if NBC4 concludes, in its sole discretion, that such individual or Group (a) has attempted to tamper with the entry process or other any operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards NBC4 or any other Contest Party, Representative, Group, Voter, or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter or vote more than the number of times permitted herein, including by using 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.

 

  1. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE Contest 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.

 

  1. All activity arising out of and relating to the Contest, including any reference to the status of any School as a “Winning School” 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, Representative, and/or Group with the Official Rules, NBC4 reserves the right to disqualify such entry and/or Group from the Contest at any time. You agree to cooperate with NBC4 and its representatives in connection with all verification and/or auditing activities.

 

  1. NBC4 reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. If 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.

 

DISPUTES

 

  1. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Representatives, Groups, Voters, Schools, or other participants or Released Parties in connection with the Contest, 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.

 

  1. By entering, voting, accepting a prize and/or otherwise participating in the Contest, you expressly agree (or your parent/guardian agrees on your behalf, if you are a minor) (a) that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in Franklin County, Ohio, and you consent (or your parent/guardian consents on your behalf, if you are a minor) (b) to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.

 

  1. 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 Contest-related materials, including but not limited to the Contest 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. If 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.

 

TRADEMARKS

 

  1. Neither Facebook nor Trans-Siberian Orchestra are sponsors or administrators of this Contest or of NBC4. Any third party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the All inquiries regarding the Contest should be addressed to NBC4.

 

Winning School’s Name/OFFICIAL RULES

 

  1. For a copy of the Official Rules or the final Winning School’s Name, visit the Contest Page or http://www.nbc4i.com or mail a SASE to: Trans-Siberian Orchestra Ricart Auto Dealership NBC4 Giveaway c/o NBC4, 3165 Olentangy River Road, Columbus, Ohio 43202, specifying either “Winning School” or “Official Rules.” Winning School’s Name will be available after January 2, 2017.

 

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