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PROMOTION DESCRIPTION: The Dad of the Year Contest (the “Contest”) begins on June 10, 2019 at 12:01 a.m. Eastern Time (“ET”) and ends on June 14, 2019 at 11:59 p.m. ET (the “Contest Period”). The Contest provides eligible entrants with the opportunity to upload a no more than five hundred (500) word essay (the “Essay”) describing why his/her dad should be “Dad of the Year,” and to submit the Essay for consideration, as more fully set forth below. Entrants must have permission of their dad (or the subject of the Essay if such person is not the entrant’s dad) before submitting an entry into the Contest. For purposes of these Official Rules, each “dad” who is the subject of any essay will be referred to as the “Nominee.” By participating in the Contest, each entrant (and his/her parent or legal guardian) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Spectrum NLP, LLC, 104 Watervliet Ave Ext Albany NY 12206 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal U.S. residents who are eighteen (18) years of age or older and reside within fifty (50) miles of the Spectrum News Albany office (as listed above) are eligible to enter. Additionally, the winner and corresponding Nominee must be available to attend DadFest on Sunday, June 16, 2019 at Washington Park in Albany, NY (the “Event”). Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Contest Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize.
HOW IT WORKS: To enter the Contest, visit the website spectrumlocalnews.com/dadfest (the “Website”), and complete the Entry Form with the information requested, and follow the instructions to upload your Essay directly to the Website. All requested information on the entry form must be completed to participate in the Contest. Incomplete entries will be disqualified.
Limit one (1) entry per person regardless of method of entry. No substitutions of new versions of an Essay will be accepted once the original Essay is submitted for consideration. Any Essay that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy notice found at spectrumlocalnews.com/dadfest Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Essay that is lost, intercepted or not received by the Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any Essay in the Contest if Sponsor views the Essay as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Essay to be lacking in taste, quality, or to be otherwise objectionable.
IMPORTANT NOTE: Without in any way limiting the effect of the rest of these Official Rules, any entrant who incorporates any intellectual property owned by a third party into his or her Essay does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Essay infringes upon the rights of another person or entity, such Essay may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Essay has been or can be sufficiently cleared for legal purposes.
WINNER SELECTION AND NOTIFICATION: At the end of the Contest Period, representatives of Sponsor will review the Essays and select one (1) winning Essay from amongst all eligible Essays received during the Contest Period using the following equally weighted judging criteria: 1) Creativity; 2) Style; and 3) Content. The potential winner, as determined by the judging criteria indicated above, will be notified by telephone and/or email on or about June 15, 2019 and will be required to respond (as directed) to the notification attempt within two (2) hours of notification (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in disqualification of the potential winner and, in such case, Contest Entities may select an alternate potential winner according to the aforementioned judging criteria. Potential winner and the corresponding Nominee must be willing to attend the Event as a condition of receiving the prize. The potential winner must execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Contest Entities, prior to claiming any prize. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate potential winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines his/her prize for any reason, such potential winner will be disqualified and an alternate potential winner may be selected using the results of the judging criteria as described herein. Additionally, the Nominee who is the subject of the winning Essay (or the subject of the winner’s Essay) must sign and return a release of Liability/Publicity. If the winner and/or the corresponding Nominee is unable to attend the Event or does not show up for the Event for any reason, such winner/Nominee will be disqualified and the prize will be awarded to an alternate potential winner, time permitting.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants as follows: (i) the Essay is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Essay is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the entrant has the permission of the Nominee to use his image and enter the Contest; and (iv) the Essay does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
GRANT OF RIGHTS: Each entrant hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Essay for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Essay for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Essay.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information and Essay, and any individual(s) participating therein, in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby release the Contest Entities from any liability with respect thereto.
PRIZE/APPROXIMATE RETAIL VALUE:
One (1) Prize is available. The Prize consists of a 5-burner propane grill with an approximate retail value of $169, and the opportunity to tape a segment with Spectrum News Albany. There is no guarantee that the taped segment will be aired. There is no retail value associated with this Prize. It is currently contemplated that the taping will take place on June 16, 2019.
GENERAL PRIZE CONDITIONS: No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize of comparable value if a prize listed or any portion thereof is unavailable for any reason. The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE: By participating in the Contest, each entrant agrees that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Contest Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select winner from among all eligible, non-suspect entries received prior to the termination or cancellation. Any attempt by an entrant or any other individual to deliberately damage the Website or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Essay, or to otherwise exploit any Essay or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Essay for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S LIST: To obtain a copy of any legally required winner’s list, send a self-addressed stamped envelope to: Dad of the Year Contest Winner, 104 Watervliet Ave Ext, Albany NY 12206
. All such requests must be received within six (6) weeks after the end of the Contest Period. These Official Rules will be posted on the Website.