OFFICIAL RULES
CONTEST DESCRIPTION: The Spectrum News Central New York Pumpkin Carving Contest (the “Contest”) begins on October 13, 2019 at 12:01 a.m. Eastern Time (“ET”) and ends on October 22, 2019 at 11:59 p.m. ET (the “Contest Period”). Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Spectrum NLP, LLC, 815 Erie Blvd E, Syracuse, NY 13210, (“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 in the Spectrum News – Binghamton, Elmira, Syracuse, Utica, and Watertown, NY service areas are eligible to enter. 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 TO ENTER THE CONTEST:
During the Contest Period, go to spectrumlocalnews.com/lafayetteapples (the “Website”), and follow the on-screen instructions to register for the Contest and enter a photo of your original pumpkin (the “Submission”) 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 a Submission will be accepted once the original Submission is submitted for consideration. All requested information must be provided to enter and to be eligible to win. 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 https://www.spectrum.com/policies/your-privacy-rights.html. 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 Submission that is lost, intercepted or not received by the Sponsor.
REQUIREMENTS OF SUBMISSIONS:
Submissions may not contain, as determined by Sponsor, in its sole discretion, any content that:
Submissions must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.
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 Submission does so at his or her own risk. If Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person or entity, such Submission 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 Submission has been or can be sufficiently cleared for legal purposes.
WINNER SELECTION AND NOTIFICATION: At the end of the Contest Period, a panel of judges, consisting of representatives of Sponsor, will review the eligible entries and select one (1) Prize winner. The potential winner will be selected based on the following judging criteria: originality – 33%; creativity – 33%; detail and skill – 34%. In the event of a tie, the tied entrants will be re-judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein. The potential prize winner will be notified by telephone and/or e-mail, using contact information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within seventy-two (72) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. The odds of winning depend on the number of eligible entries received.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished and previously unproduced work; (ii) the Submission, as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous, be in any other way contrary to law, likely to cause offense or contrary to public morals.
Each entrant hereby agrees to indemnify and hold the Contest Entities, their successors and assigns harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney’s fees, relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants or obligations of entrant hereunder.
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 Sponsor and its designees, successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information, and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the website, the Contest or other promotions, and hereby releases the Contest Entities, and their respective successors, assigns and licensees from any liability with respect thereto.
GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission 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.
PRIZE:
One (1) Prize is available. The Prize consists of a Fall Prize Pack consisting of a variety of fall items. The approximate retail value (“ARV”) of the Prize is $250.
GENERAL PRIZE CONDITIONS: No cash alternative or prize substitutions will be allowed. Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents prior to participating in the Prize, winner may be disqualified and an alternate winner may be selected.
No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission or to otherwise exploit any Submission, or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
GENERAL: Entrants agree that the Contest Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by 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 postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select a winner from among all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
GOVERNING LAW: 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 OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S LIST: The name of the winner shall be made available on the Website.