NBC4 Today Ford Escape giveaway

NBC4 Today Ford Escape Giveaway

OFFICIAL RULES

 

  1. NO PURCHASE NECESSARY TO ENTER OR WIN. The NBC4 Today Ford Escape Giveaway (the “Promotion”) is sponsored by Nexstar Media Group, 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, Madison, Marion, Morgan, Morrow, Noble, Perry, Pickaway, Pike, Ross and Union (the “Promotion Area“). Void outside the Promotion Area and where prohibited.

 

  1. 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, Finalist or 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.

 

  1. Promotion begins on February 6, 2017 at 5:00 AM Eastern Time (“ET”). Final entry deadline is March 1, 2017 at 7:30 AM ET. Drawings to determine potential Finalists will be held each week day starting on February 6, 2017 and ending on March 1, 2017. One (1) Finalist will be selected as the Grand Prize winner on March 1, 2017. NBC4’s computer is the official time-keeping device for this Promotion.

 

  1. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing information to NBC4 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 NBC4 and not to Facebook.

 

  1. 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 all state, federal or local income taxes that may result from his or her acceptance of prize.

 

ELIGIBILITY

 

  1. 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).

 

  1. Employees of NBC4, Nexstar Media Group, Inc. (“Nexstar“), Ricart, 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.

 

Prize & ODDS

 

  1. Grand Prize (1): 2017 Ford Escape S FWD, including sales tax. Approximate Retail Value (“ARV“): $23,311.75.

 

  1. The odds of winning depend on the number of correct entries received. Limit one (1) Finalist slot per person.

 

PRIZE RESTRICTIONS

 

  1. Grand Prize winner may be required to take delivery of his or her prize from Ricart Ford, 4255 S. Hamilton Road, Columbus, Ohio or other dealership or other location designated by Contest Parties. Manufacturer, make, model, trim level, color and options of vehicle prize are subject to change. There is no warranty or guarantee, expressed or implied, relative to vehicle 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, insurance and other fees associated with vehicle prize. Grand Prize winner must present a valid driver’s or operator’s license in the relevant class or category and proof of insurance in amounts sufficient under applicable law in the state of his or her residence for the relevant vehicle prize in order to, and as a condition of, claiming prize and must claim prize no later than thirty (30) days after verification of eligibility. Failure to do so will result in forfeiture of the prize.

 

  1. All prize details shall be at NBC4’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all additional taxes, including federal, state and local taxes (if any), title, tag, extras, surcharges, and fees. Any person 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.

 

  1. Prize is not redeemable for cash and may not be sold, bartered or auctioned. The right to receive prize is not transferrable. Prize not accepted by winner 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 Promotion Parties. Prize carries 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

 

  1. Entries will be accepted beginning February 6, 2017 at 5:00 AM ET and ending March 1, 2017 at 7:30 AM ET. You must have a valid Facebook account to enter and all entries must comply with all Facebook Terms of Use and are subject to its Privacy Policy, both of which may be currently found at http://www.facebook.com. (You may register a free Facebook account by visiting http://www.facebook.com). Entries require two (2) steps:

 

  1. Step 1: Watch: First, watch NBC4 Today (the “Show”) week days from 5:00 AM until 7:00 AM During the Show, a different word of the game (each, a “WOTG”) will be announced approximately every thirty (30) minutes, for a total of four (4) chances to play and qualify each week day; and

 

  1. Step 2: Enter: Once you have the WOTG, visit http://www.facebook.com/nbc4columbus (the “Promotion Page“) and look for the invitation to post the WOTG for a chance to qualify. Then follow the instructions to post or submit any required information, which may include your name, e-mail address, and/or telephone number, and the correct WOTG before the next WOTG is announced, or by 7:30 AM ET for the last WOTG of the day.

 

Only timely entries with the correct WOTG will be valid. This is the only method of entry. Entries will not be accepted via U.S. mail, e-mail, or any other method.

 

  1. Entries for each WOTG must be received before the next WOTG is announced, except for entries for the last WOTG of each day, which must be received no later than 7:30 AM ET. Final entry deadline is March 1, 2017 at 7:30 AM ET. Proof of sending is not proof of receipt by NBC4 will not accept screen shots as proof of entry.

 

  1. Non-selected entries will not carry forward to subsequent drawings, if any. Limit one (1) entry per person per WOTG. 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 NBC4’s sole discretion. No group submissions will be accepted.

 

  1. Entries must be associated with a valid Facebook account with a valid e-mail address for the entrant. NBC4 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.

 

  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 you provide in connection with the Promotion 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.

 

  1. All dates and times are subject to change in the event of technical issues or human error affecting the broadcast of any scheduled Show and/or WOTG 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 of any scheduled Show and/or WOTG. If any of the foregoing result in the non-broadcast of any scheduled Show and/or WOTG during the particular broadcast time, NBC4 reserves the right, in its sole discretion, not to accept entries on the corresponding week day or for the corresponding WOTG, not to require entries to include the relevant WOTG, or otherwise to handle such entries as it deems fair and appropriate under the circumstances. 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 scheduled Show and/or WOTG by NBC4 in its discretion.

 

FINALIST & WINNER SELECTION, NOTIFICATION AND VERIFICATION

 

  1. Finalists: Each week day starting on February 6, 2017 and ending on March 1, 2017, or within a reasonable time thereafter, NBC4 or its designee will randomly choose one (1) Facebook user name from all timely entries received for each WOTG, for a total of seventy-two (72) Facebook user names. Subject to verification of eligibility, the persons whose Facebook user names are so drawn will be declared the Finalists. NBC4 reserves the right to select fewer than the stated number of Finalists if it does not receive an adequate number of properly submitted and eligible entries. Only the Finalists will be eligible for the Grand Prize drawing.

 

  1. NBC4 may contact each potential Finalist by posting the announcement in the original Facebook post and/or direct message. NBC4 in its discretion may require each Finalist to respond to or otherwise acknowledge initial notification within twenty-four (24) hours as a condition of ongoing eligibility. If any potential Finalist (a) cannot be contacted directly by, or does not respond to, NBC4 within the time stated above if required, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to participate further, or (d) is otherwise determined to be ineligible, NBC4 in its discretion may disqualify that individual and no further drawings will be held for that Finalist slot and the total number of Finalists will be reduced accordingly.

 

  1. Grand Prize: On March 1, 2017, following the last Finalist selection, NBC4 or its designee will select one (1) Finalist’s name at random. Subject to verification of continued eligibility, the Finalist whose name is so drawn will be declared the winner.

 

  1. In its sole discretion, NBC4 may arrange to present Grand Prize to the winner at his/her home following Grand Prize drawing. However, final award of, and transfer of title to, Grand Prize shall remain contingent upon Grand Prize winner’s complete satisfaction of all verification and eligibility requirements below. Grand Prize winner will be required to present valid driver’s license and proof of insurance coverage in amounts required by law prior to taking final delivery of Grand Prize vehicle.

 

  1. NBC4 will contact potential winner using the information supplied by winner to NBC4 or by posting the announcement in the original Facebook post and/or direct message. Winner must respond to NBC4 within twenty-four (24) 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 and to provide such documents to NBC4 within ten (10) days and as a condition of receiving prize. NBC4 in its sole discretion may allow for transmission of verification documents via fax or e-mail. Winner will receive instructions on claiming or coordinating prize.

 

  1. If potential winner (a) cannot be contacted 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 individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. NBC4 will conduct up to three (3) alternate Grand Prize winner drawings. If NBC4 cannot verify a Grand Prize winner after three (3) alternate attempts, no further drawings will be held and the prize will not be awarded.

 

  1. NBC4 may, in its sole discretion, post the verified Finalists’ and/or winner’s names on the Promotion 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, winner agrees to award NBC4 the right to publicize his or her name, photographs (including the use and appearance of his or her 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

 

  1. By entering the Promotion, you agree that NBC4, Ricart, Nexstar, 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 NBC4 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, the announcement of any WOTG, administration of this Promotion, or in the selection or announcement of the Finalists or 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 Finalists or 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 broadcast or non-broadcast of any Show, the announcement or non-announcement of any WOTG, the acceptance of entries, the selection of Finalists or winner, the prize or otherwise in any Promotion-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 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.

 

  1. 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.

 

  1. BY entering THE Promotion, you FURTHER AGREE THAT (A) 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) 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 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 Promotion, or any part thereof, if 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 Finalists or 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 NBC4, in its sole discretion, deems fair and appropriate under the circumstances.

 

  1. 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 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 NBC4 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 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 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.

 

  1. All activity arising out of and relating to the Promotion, including any reference to the status of any person as a “Finalist” or “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 prize at any time. NBC4 reserves the right to conduct a background check on any potential winner 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 all verification, auditing and/or background check activities if selected as the potential winner.

 

  1. NBC4 reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of Finalists will be selected or prizes awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of Finalists or prizes as set forth in these Official Rules to be available and/or claimed, NBC4 reserves the right to select or award only the stated number of Finalists or prizes as applicable 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 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.

 

  1. 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.

 

  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 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.

 

TRADEMARKS

 

  1. Facebook is not a sponsor or endorser of this Promotion 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 Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the

 

Winner’s Name/OFFICIAL RULES

 

  1. For a copy of the Official Rules or the final Winner’s Name, visit the Promotion Page or http://www.nbc4i.com or mail a SASE to: NBC4 Today Ford Escape Giveaway c/o NBC4, 3165 Olentangy River Road, Columbus, OH 43202, specifying either “Winner’s Name” or “Official Rules.” Winner’s Name will be available after March 31, 2017.

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