“My Mom Rocks” Contest
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
AFFIDAVIT OF ELIGIBILITY/LIABILITY/PUBLICITY RELEASE MAY BE REQUIRED. SPONSOR SHALL BE THE EXCLUSIVE OWNER OF ALL ENTRIES. VOID WHERE PROHIBITED BY LAW.
The My Mom Rocks Contest (the “Contest”) begins on or about April 19th, 2012 at 9:00 a.m. Pacific Time (“PT”). Entries must be received between April 19th, 2012 at 9:00 a.m. PT and May 3rd, 2012 at 9:00 a.m. PT (“Entry Period”). The entries will be exhibited for public voting on ABC30.com between 4:00 p.m. PT on May 3rd, 2012 and 9:00 a.m. PT on May 10th, 2012. (“Voting Period”).
The Contest provides people with the opportunity to create and submit a short video (2 minutes or less preferred for video to be aired on television) detailing why their mother is the best in the Valley (Fresno County, Merced County, Mariposa County, Madera County, Kings County, and Tulare County in the State of California). Registered users will vote for their favorite promotional piece from all submissions. Submissions including explicit, violent, or harassing materials will not be included.
II. HOW TO ENTER:
During the Entry Period, enter by visiting http://www.abc30.com (hereafter, the “Website”) and using ABC30’s uReport feature to upload uReport using the link on the Website.
Entries SHOULD be TWO MINUTES (2:00) in length or shorter to be considered for use in on-air news. In the event your Entry is chosen as a contestant, you will be required to submit all original Entry elements, as and if applicable, regardless of original format, size, or resolution (e.g. a copy of the video file associated with the Entry as placed on a DVD, jump drive, or other comparable medium), and, if applicable, the highest resolution version of your Entry, to Sponsor within seventy-two (72) hours of first attempted notification, as more fully set forth below in “contestants Notification and Requirements.” All eligible Entries received by Sponsor will be posted on the Website for public viewing and “Public Voting.” Contestants understand and agree that all Entries will be formatted, edited or otherwise converted in order to be viewable on Sponsor’s video player on the Website and for possible on air use. Sponsor reserves the right to remove any Entry from the Website at any time and for any reason.
All Entries become the sole property of the Sponsor, may be used by Sponsor in any manner, in any media, now known and hereafter devised, worldwide, in perpetuity.
By submitting an Entry, each contestant acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or sponsored by the Sponsor, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor.
By submitting an Entry, each contestant agrees to grant Sponsor and its assignees the use of contestant’s name, biographical information, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media whether now known or hereafter devised, including without limitation, via the internet, worldwide, and in perpetuity by Sponsor and its assignees, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. In addition, if any other persons appear as part of the Entry, contestant agrees that prior to submitting their Entry, contestant has obtained the written consent of each such person who appears, granting Sponsor and its assignees the use of each person’s name, biographical information, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media whether now known or hereafter devised, including without limitation, via the internet, worldwide, and in perpetuity by Sponsor and its assignees, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any contestant at any time. Failure to provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion.
By submitting an Entry, each contestant acknowledges and agrees that Sponsor reserves the right to edit or otherwise revise each Entry for any reason, including without limitation, removing Sponsor’s watermarks, incorporating or appending tune-in messaging and/or messaging from Sponsor’s commercial advertisers for creative reasons, for technical reasons, to comply with Sponsor’s broadcast standards and practices, and/or in order to convert the Entry into a broadcast-quality video for public voting and potential on-air broadcast.
III. REQUIREMENTS OF ENTRIES:
Entry may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that contains, any content that:
- does not comply with Sponsor’s Broadcast Standards and Practices guidelines;
- depicts in any way any individual under 18 years of age;
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear illegal, unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive;
- endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about Sponsor, its advertisers, or any other people or companies;
- contains any music;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by third party;
- contains any third person’s personal information, such as personal names or e-mail addresses;
- contains materials owned by third parties (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media);
- contains materials embodying the names, likenesses, voices, or performances identifying any celebrities and/or other public or private figures, living or dead or the names, likenesses, voices, or performances of any individual other than contestant without permission as required under this Contest;
- communicates messages or images inconsistent with Sponsor’s reputation, image and/or goodwill;
- violates any law or regulation; or
- is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, including for broadcast on Sponsor’s network, as determined by Sponsor in its sole discretion.
Entry must be the original work of the contestant, may not have been previously published or distributed through any media channel, 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. By submitting an Entry, contestant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry are at least 18 years of age and consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
IV. PUBLIC VOTING:
All eligible Entries received by Sponsor and posted on the Website will be judged by public polling use the uReport feature on http://www.abc30.com . The winners will be judged by the number of public votes received on each video submission. The voting period is between 4:00 p.m. PT on May 3rd, 2012 and 5:00 a.m. PT on May 10th, 2012.
During the Voting Period, all Entries will be exhibited on ABC30.com. Members of the public will be able and eligible to vote for their favorite Entry. Limit one (1) vote per person/account/e-mail address during the Voting Period. You may submit only one (1) vote per person regardless of how many accounts or e-mail addresses you may have. Multiple or mass votes in excess of the stated limitation will be void. Contestants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.
Use of script, macro or any automated system to vote or with the intent to impair or subvert the integrity of the voting process is prohibited and all such votes will be void.
V. CONTESTANTS NOTIFICATION AND REQUIREMENTS:
Each winner will be notified by e-mail on or about May 10th, 2012 at the e-mail address or telephone number provided in his/her registration as of the date of the submission of his/her Entry and will be required to provide all original elements of his/her Entry as instructed (as applicable) and complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, all of which must be returned within seventy-two (72) hours from the first attempted notification. Contestants may be required to provide Sponsor with all original assets of their Entry, as and if applicable, regardless of original format, size, or resolution (i.e. a copy of the video file associated with the Entry as placed on a DVD, jump drive, or other comparable medium), and, if applicable, the highest resolution version of their Entry, within seventy-two (72) hours of first attempted notification in order to be eligible for the public voting phase and the Grand Prize. Contestants who fail to provide any of the documents or assets set forth above within seventy-two (72) hours of first attempted notification, including without limitation, affidavits, consents, or Entry assets, will be disqualified. Return of notification as undeliverable, failure to complete and return requested documentation within the specified time period, the inability of Sponsor to contact a potential contestant within a reasonable time period (whether due to a change in e-mail address or otherwise) or noncompliance with these Official Rules by the potential contestants will result in disqualification and, at Sponsor’s sole discretion. Contestants understand and agree that Sponsor reserves the right to edit or otherwise revise each potential contestant’s Entry for any reason, including without limitation, removing Sponsor’s watermarks, incorporating or appending tune-in messaging and/or messaging from Sponsor’s commercial advertisers, for creative reasons, for technical reasons, to comply with Sponsor’s broadcast standards and practices, and/or to convert the Entry into a broadcast-quality video for public voting and potential on-air broadcast. Sponsor reserves the right to require contestant to return a signed hard-copy of any documents, consents or releases referenced herein or as may be needed, in Sponsor’s sole determination, to reflect and effectuate the rights and releases granted hereunder. Sponsor reserves the right to conduct a background check (as stated above) of any and all records of potential contestants, including, without limitation, civil and criminal court records and police reports, and entry in the Contest constitutes contestant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, contestants shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify any contestants based on the results of the background check (e.g. for any felony conviction or crime of moral turpitude) or failure of the contestants to properly authorize such check.
Grand Prize: One (1) $200 gift certificate to Max's Bistro, one (1) $200 gift certificate to Urban Ornaments, Approximate retail value of Grand Prize: $400.00.
TOTAL ESTMATED RETAIL VALUE OF ALL PRIZES IS $400.00
VII. OWNERSHIP OF ENTRIES:
By submitting an Entry, each contestant agrees that Sponsor shall be the exclusive owner of their submitted Entry and contestant assigns all rights in and to the Entry to Sponsor, including the copyright therein, and Sponsor may exploit the Entry, in whole or in part, in any manner and in any media, worldwide, in perpetuity. In addition, Sponsor shall have right to edit, modify, or alter the Entry in any way Sponsor may determine in its sole discretion in order to broadcast the Entry as part of a promotional piece on-air, including without limitation, adding tune-in and sponsorship messaging, creative reasons, technical reasons, to comply with Sponsor’s broadcast standards and practices, or in order to convert the Entry into a broadcast-quality video.
VIII. GENERAL CONDITIONS:
By participating, each contestant agrees: (a) to abide by these Official Rules, and the decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to furnish Sponsor with executed copies of any documents required by Sponsor in order to be confirmed as a contestant or prize winner, including without limitation, an affidavit of eligibility/liability/publicity release, and the written consent of any other persons that appear as part of his/her Entry, as set forth above; (c) to release and discharge Sponsor and its parent, affiliates, subsidiaries and advertising and promotion agencies, dealerships and each of their respective employees, directors, officers and agents (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from contestant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of prize (or portion thereof) (including any travel or activity related thereto), the substitution of the prize (or any portion thereof) in accordance with the Official Rules or the Released Parties’ use of any of the rights granted in the Official Rules; (d) to grant the use of his/her name, address (city and state), voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media whether now known or hereafter devised, including without limitation, via the internet, worldwide, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from contestant and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so; and (e) to defend, indemnify and hold harmless each of the Released Parties from and against any and all claims or actions arising out of or in connection with a contestant’s participation in the Contest, any breach of representation made by a contestant in connection with the Contest, and the exercise by Sponsor of any of the rights granted by contestant in these Official Rules.
By participating in this contest and accepting any prize that they may win, contestants agree to release the Released parties from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this sweepstakes and/or acceptance or use of the prize, including but not limited to that any Entry and/or other works accepted, reviewed and/or used by the Released Parties may be similar to his/her Entry, or that any compensation is due to contestant in connection with such Entry or other works used by or on behalf of Released Parties.
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, damaged, or garbled, Entries or votes; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, viruses, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or votes, the judging of Entries, the announcement of the prize, the delay, cancellation, or failure to air any Entry as part of a promotional piece for any reason, the incorrect uploading of a promotional piece or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading Assets from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Further, the Released Parties are not responsible for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority. Also, the Released Parties are not responsible, and may disqualify a contestant, if his or her contact information does not work or if it is changed without contestant giving prior written notice to Sponsor. Released Parties are not responsible or liable to any contestant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Released Parties’ sole control. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to take any action to prevent or correct such cause, including without limitation, to suspend public voting or block suspect computers or IP addresses, or to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the Entries from all eligible, non-suspect Entries received prior to action taken or as otherwise deemed reasonable and appropriate by Sponsor. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the contestant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
X. LIMITATION OF LIABILITY:
BY ENTERING THE CONTEST, CONTESTANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) CONTESTANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CONTESTANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
The invalidity or unenforceability of any provision of these Official rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Contestants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Xi. WINNER’S LIST:
For the names of the winners (available after May 10th, 2012), send a self-addressed, stamped, envelope to: My Mom Rocks Contest Winners, c/o KFSN-TV, LLC, 1777 G. Street, Fresno, CA 93706. Winner’s list requests must be received by May 31st 2012.
KFSN-TV, LLC, 1777 G. Street, Fresno, CA 93706