Daytime Columbus Penzone Giveaway
- NO PURCHASE NECESSARY TO ENTER OR WIN. The Daytime Columbus Penzone Giveaway (the “Promotion”) is sponsored by Daytime Columbus, a television show produced hosted by Media General Operations, Inc. d/b/a WCMH-TV and nbc4i.com (“Daytime Columbus”) and Charles Penzone, Inc. (“Charles Penzone”) (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, Madison, Marion, Morgan, Morrow, Noble, Perry, Pickaway, Pike, Ross and Union (the “Promotion Area“). Void outside the Promotion Area and where prohibited.
- Promotion is subject to all federal, state and local laws. Daytime Columbus 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 its decisions are final. By participating, you 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 Promotion-related advertising or materials.
- Promotion begins on December 6, 2016. Entry deadline is December 9, 2016 at 12:00 PM (noon) Eastern Time (“ET”). Drawing to determine potential winner will be held on December 9, 2016. Daytime Columbus’ computer is the official time-keeping device for this Promotion.
- This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing information to Daytime Columbus and not to Facebook. The information you provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions that you have about this Promotion must be directed to Daytime Columbus and not to Facebook.
- To be eligible, each entrant must be at least eighteen (18) years old and a legal United States resident living in the Promotion Area (above).
- Employees of Daytime Columbus, Media General, Inc. (“Media General“), NBC4, Charles Penzone, any other entity directly involved in the development or administration of the Promotion, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related.
- In addition, you are not eligible to win a prize in this Promotion if you have won and received a prize in any Daytime Columbus-sponsored promotion within thirty (30) days prior to the date of any prize notification in this Promotion.
Prize & ODDS
- Grand Prize (1): Beauty bag and blanket from Charles Penzone. Approximate Retail Value: $130.
- The odds of winning depend on the number of entries received.
- All prize details shall be at Daytime Columbus’ sole discretion. 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, and fees. Any person who wins prizes through any Daytime Columbus-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 Form.
- 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 accepted by winner is forfeited and no cash or substitute will be offered or permitted. Prize may not be substituted except that Daytime Columbus 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.
- Prize offered is provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Merchandise prize components carry no warranty other than that offered by 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 prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
- To enter, visit https://www.facebook.com/DaytimeColumbus (the “Promotion Page“) and follow the instructions to complete an entry form with any required information, which may include your name, e-mail address, and age or date of birth. This is the only method of entry. Entries will not be accepted via U.S. mail, e-mail, or any other method.
- All entries must be received by Daytime Columbus no later than December 9, 2016 at 12:00 PM (noon) ET. Proof of sending is not proof of receipt by Daytime Columbus. Daytime Columbus will not accept screen shots as proof of entry.
- Limit one (1) entry per person. Additional entries received from any such person 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, Facebook 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 Daytime Columbus’ sole discretion. No group submissions will be accepted.
- Entries must be associated with a valid Facebook account with a valid e-mail address for the entrant. Daytime Columbus is not responsible for electronic communications that are undeliverable because 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 e-mail address associated with the Facebook account used for entry 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 entrant, the potential winner agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.
- Entrants who fail to provide any required information may be disqualified without further notification by Daytime Columbus. Daytime Columbus 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. Daytime Columbus 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 Daytime Columbus and will not be returned or acknowledged.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
- On December 9, 2016, or within a reasonable time thereafter, Daytime Columbus or its designee will randomly choose one (1) Facebook user name from all timely entries Subject to verification of eligibility, the person whose Facebook name is so drawn will be declared the winner.
- Daytime Columbus will contact potential winner by posting the announcement in the original Facebook post and/or via direct message. Winner must respond to Daytime Columbus within five (5) business days of initial notification 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 and to provide such documents to Daytime Columbus within five (5) business days of initial notification and as a condition of receiving prize. Daytime Columbus in its sole discretion may allow for transmission of verification documents via fax or e-mail. If prize is mailed or shipped, winner shall assume all risk of loss, damage, theft, late or missed delivery. If applicable, Daytime Columbus, in its sole discretion, may permit a verified winner to authorize, in writing, another adult to pick up his or her prize; however, winner must agree to release and hold Daytime Columbus harmless from all liability for any prize claimed by his or her authorized designee and winner’s designee will be required present photo ID.
- If potential winner (a) cannot be contacted directly by, or does not respond to, Daytime Columbus 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, Daytime Columbus in its discretion may disqualify that individual and that prize will not be awarded.
- Daytime Columbus may, in its sole discretion, post the verified winner’s name on the Promotion Page and/or any of Daytime Columbus’ websites, including http://nbc4i.com/daytime, and on or in any of Daytime Columbus’ social media pages or channels, and broadcast it on any of Daytime Columbus’ stations.
- By accepting a prize, winner agrees to award Daytime Columbus the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on Daytime Columbus’ 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
- By entering the Promotion, you agree that Daytime Columbus, Charles Penzone, Media General, NBC4, Facebook, 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 properly submitted or received by Daytime Columbus by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, 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 selection or announcement of the winner 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 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 unauthorized third party use of any entry materials; (f) are not responsible for the inability to select winner 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 Promotion, the acceptance of entries, the selection of winner, the prize or otherwise in any Promotion-related materials.
- 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 Promotion 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 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.
- By entering the Promotion, you agree 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 Promotion or any Promotion-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Promotion; (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.
- BY entering THE Promotion, you FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Promotion, 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 Promotion, 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.
- 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.
- Daytime Columbus reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if Daytime Columbus 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 Daytime Columbus’ control. In such an event, Daytime Columbus will post notice of same at the Promotion Page and select the winner at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as Daytime Columbus, in its sole discretion, deems fair and appropriate under the circumstances.
- Daytime Columbus reserves the right to disqualify any individual from further participation in the Promotion if Daytime Columbus concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards Daytime Columbus or any other Promotion Party, entrant or other participant 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 by using any prohibited device or method. Any failure by Daytime Columbus 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 Daytime Columbus 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 the status of any person as a “winner” is subject to verification and/or auditing for compliance with the Official Rules. If Daytime Columbus determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, Daytime Columbus reserves the right to disqualify such entry and/or entrant from the Promotion and prize at any time. Daytime Columbus 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 Daytime Columbus determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Daytime Columbus. Each entrant agrees to cooperate with Daytime Columbus and its representatives in connection with all verification, auditing and/or background check activities.
- Daytime Columbus 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. 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, Daytime Columbus reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants 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.
- By entering the Promotion, you expressly (a) agree 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) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- 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. 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.
- Facebook is not a sponsor or endorser of this Promotion or of Daytime Columbus. 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 Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the
Winner’s Name/OFFICIAL RULES
- For a copy of the Official Rules or the final Winner’s Name, visit the Promotion Page or http://nbc4i.com/daytime or mail a SASE to: Daytime Columbus Penzone Giveaway c/o Daytime Columbus, 3165 Olentangy River Road, Columbus, OH 43202, specifying either “Winner’s Name” or “Official Rules.” Winner’s Name will be available after January 9, 2017.