b.There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Other restrictions may apply.
5.WINNER SELECTION AND NOTIFICATION
a.Decisions of Station management with respect to the Promotion are final.
b. The winner will drawn 12:00 noon EST 07-11-2012. The winner will be determined randomly.
c.Odds of winning depend on the number of eligible entries received. Automated voting of any kind is not allowed.
d.Winners will be notified by telephone. IF a winner is unreachable after (1) day, or if that winner is unavailable for prize fulfillment, an alternate winner will be selected. If WKYT / WYMT cannot find an eligible winner for the prize, that prize will not be awarded. Winners (or their parents or legal guardians if under the age of majority) must execute and return any required affidavit of eligibility and/or liability/publicity release within two (2) days of notification attempt or winner will be disqualified and the prize will be forfeited and an alternate winner may be chosen at random. If a potential winner cannot be contacted, fails to complete, sign and return the required affidavit of eligibility and liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner will be disqualified and will forfeit the prize.
e.Unless otherwise specified in the prize notification, all prizes or prize certificates may be picked up at the office of the Station at the address below. The winner will forfeit any prize or prize certificate not claimed within thirty (30) days of winning. Prize or prize certificates will not be mailed to the winner without the winner’s prior written consent in which the winner shall agree to assume its risk of loss. The Station, its sponsor, or promotional partner(s) are not responsible for the safe arrival of a prize or prize certificate.
a.Payments of all federal, state and local taxes are solely the responsibility of the winners. Winners will be required to complete and submit an IRS Form W-9 or the equivalent including the winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by the Station in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.
b.Participating in the Promotion and acceptance of prize constitutes winner’s and guest’s (where applicable) permission for the Station or its agents to photograph, film and record each winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize.
c.Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the Promotion, the Station in its sole discretion will require verification of Promotion winner’s identification by a showing of valid government-issued photo identification. By participating and/or accepting a prize, entrants, winners and guests (if applicable) agree to release and hold harmless the Station, its sponsor(s) and promotional partner(s), its advertising and promotion agencies, and each of their respective parent, subsidiary and affiliated entities, and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each of them (collectively, the “Released Parties”) harmless against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion. The Station will also require eligible Promotion winners and their guests or travel companions, if any (as well as each of their parent(s) or legal guardian(s), if winners, guests or travel companions are under the age of majority in their state of residence), to sign a liability release confirming such consent.
d.The Station, in its sole discretion, reserves the right to disqualify any person (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of the Station’s web channel or is otherwise in violation of the rules. The Station further reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the Station’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by the Station in is sole discretion. Any attempt by an entrant or any person to deliberately damage any station web channel or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, the Station reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. The Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Station, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to modify, terminate, suspend or cancel the Promotion and shall not be required to award a substitute prize.
e.The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Station’s control.
f.To obtain a copy of the Official Rules or a list of winners following completion of the Promotion (please specify which), send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” or “Winner List” to [Winner List or Official Rules Request, WKYT / WYMT, 2851 Winchester Rd., Lexington, KY 40509. A copy of the Official Rules and a list of winners (when complete) are also available during regular business hours at the main studio of WKYT / WYMT, 2851 Winchester Rd., Lexington, KY 40509. All such requests must be received within thirty (30) days following completion of the Promotion.