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NBC10 PROM 2010 GIVEAWAY PROMOTION
OFFICIAL RULES
--NO PURCHASE NECESSARY--
1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. The NBC10 Prom 2010 Giveaway Promotion (the “Promotion”) is sponsored by Media General Communications Holdings, LLC d/b/a WJAR, NBC10 (“NBC10”), The Crowne Plaza Hotel at the Crossings, Party Dress Express, Carl Anthony Tuxedo, Luke's DJ Service, AriE Gifts, 2nd to the Sun Tanning, A Moment in Time Photography and Salon Bianco. The geographic scope of this promotion is the State Rhode Island and Providence Plantations (“Rhode Island”) and Bristol County, Massachusetts.
3. Promotion is subject to all federal, state and local laws. Void where prohibited by law. By voting or otherwise participating, participants and schools agree to these Official Rules. Limit one (1) vote per day per registered user.
4. Promotion begins on March 16, 2009 at 12:00 p.m. ET, and ends on September 16, 2009 at 11:59 p.m. ET. Voting deadline is September 16, 2009 at 11:59 p.m. ET.
VOTER ELIGIBILITY
5. To be eligible to vote for a favorite school in the Promotion, all participants must, as of March 16, 2009, be at least fourteen (14) years old and reside within the geographic scope of this promotion, which consists of the entire state of Rhode Island and Bristol County Massachusetts (collectively referred to as the “Promotion Area”). In addition, in order to vote, you must register on the WJAR NBC10 Web site. Registration is free.
PARTICIPATING SCHOOLS
6. WJAR will compile a list of all high schools (public and private) that located within the Promotion Area as outlined above. Home schools are not eligible for this Promotion. WJAR will contact the principal of the Winning School and the superintendent of the school district to confirm the school’s participation before it is announced to the general public. That list will be posted on at www.turnto10.com at the beginning of the Voting Period. If you believe that your school has been mistakenly omitted, please contact WJAR at wjarwebdl@wjar.com or by phone at 401-455-9189. School principals and superintendents may request that their school(s) be excluded from this Promotion by contacting WJAR in writing, on school letterhead, at WJAR, Attn: Kim Reis, 23 Kenney Drive, Cranston, RI 02920.
GRAND PRIZE
7. Grand Prize (1): WJAR will furnish the Winning School with the following elements of the senior prom for the Class of 2010 (referred to as the “Prom”): Use of the Crowne Plaza Hotel at the Crossings, 801 Greenwich Avenue, Warwick, RI as the Prom venue for a maximum of four hundred (400) people on Sunday, May 16, 2010 from 6:30pm-12:00am ; disc jockey services by Luke's DJ Service from 6:30pm-12:00am; and a total of one hundred and twelve (112) Student Prizes to be distributed to the winning school consisting of ten (10) $50.00 gift certificates to Party Dress Express, 420 Quequechan St, Fall River, MA, (1) $500.00 scholarship from Party Dress Express, gift certificates for all Chariho HS male students from Carl AnthonyTuxedo. One (1) free 5x7 prom photo to each student from A Moment in Time Photography. One (1) 2-week membership to all students of the winning class from 2nd to the Sun Tanning. Eight (8) gift certificates for hair, nail and makeup service from Salon Bianco. Four hundred (400) favors from AriEGifts. The Winning School will have the sole discretion to determine the method and criteria for the distribution of the Student Prizes. Approximate Retail Value of Grand Prize will vary depending on selections made by Winning School and the recipients of Student Prizes (“Student Prize Recipients”), but will range between $5,000 and $7,000.
PRIZE RESTRICTIONS
8. Any service or prize element suppliers involved in fulfilling any aspect of the Grand Prize in this Promotion (including hotel, disc jockey or entertainment company, tuxedo rental company, decorations company, limousine compan(ies) and photographers) may require that an authorized representative of the Winning School or the Student Prize Recipients (or a parent or legal guardian if he/she is a minor) execute or acknowledge a written agreement or invoice. Receipt and use of those prize elements are further subject to the terms and conditions of such documents, as well as any additional rules, regulations or policies imposed by such suppliers. All gift certificates furnished as part of Student Prizes must be redeemed during the fourteen (14) days immediately preceding the Prom or they will be forfeited. All gift certificates are subject to any terms and conditions imposed by gift certificate issuer. Receipt and/or use of any element of Prom, as well as attendance at the Prom, are subject to all rules, regulations and policies imposed by Winning School, including without limitation, those relating to student behavior and conduct.
9. Subject to the foregoing, all details of all prizes shall be at WJAR‘s sole discretion. Winning School and Student Prize Recipients assume sole responsibility for all costs associated with the prizes not explicitly outlined above, including all other taxes, food, beverages, souvenirs, transportation to and from the Prom, hotel accommodations and related expenses and charges, parking, fees, surcharges on a prize, tips, and gratuities. All federal, state and local taxes (if any) are the sole responsibility of the Winning School and Student Prize Recipients. All Prom attendees will be required, prior and as a condition of attending the Prom, to execute (without making any changes), a liability release and (where legal) publicity release. Execution of such documents will also be required of a parent or legal guardian for each Prom attendee who has not reached the age of majority in his/her state of residence. All federal, state and local taxes (if any) are the sole responsibility of the Winning School and Student Prize Recipients. Prizes are not redeemable for cash and may not be sold or bartered. Prizes may not be transferred or substituted except that WJAR 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.
10. Any portion of any prize not used by Winning School or any Student Prize Recipient is forfeited and no cash substitute will be offered or permitted. All prizes being offered are provided “as is” with no warranty or guarantee either express or implied by Sponsors. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsors have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose or the services provide by any service or prize element supplier as part of Grand Prize or Student Prizes. Other restrictions apply.
TO VOTE
11. Prior to March 16, 2009, WJAR will compile a list of all high schools (public and private) that are located within the Promotion Area and publish that list to its web site, located at www.turnto10.com. Voting Period will begin on March 16, 2009 at 12:00 p.m. ET. The deadline to vote is September 16, 2009 at 11:59 p.m. ET (“Voting Period”). There is only one way to vote and votes will not be valid if they are submitted through any other mechanism.
12. To vote, visit The Turnto10.com Prom Contest Page during the Voting Period or visit the turnto10.com homepage and use the Keyword: PROM. Log-in to your account. You must register to vote. Registration is free and requires you to establish a member account with a user name, email address and password and takes approximately three (3) minutes. Once you are logged in, simply select your favorite school from the list published on the Website. After you select your favorite school, press the “VOTE” button. You will see a web page confirming your vote after each submission. Uses of automated devices are not valid for voting. You may vote only one time per day. Voters who attempt to vote multiple times using additional user accounts or e-mail addresses, or voters who attempt to use an automated mechanism in an effort to cast multiple votes, will be disqualified from further participation and all of their votes will be nullified.
13. The information that voters provide in connection with the online voting or registration process may be used by WJAR in accordance with its Privacy Policy, which is found at www.turnto10.com and which may be updated from time to time.
GRAND PRIZE DETERMINATION
14. On September 17,2009, or within a reasonable time thereafter, at 12:00 p.m. ET, WJAR will tabulate the votes using website reports and identify the participating school that has received the highest number votes during the Voting Period. Subject to verification of eligibility, the participating school that receives the highest number of votes will be declared the Winning School. In the event of a tie, the tied schools will be posted at www.turnto10.com for five (5) days, during which a tie-breaking round of voting will be conducted. If necessary, this process will be repeated until a Winning School can be identified.
15. The odds of a school winning the Grand Prize are 1 in 110. The odds are subject to change in the event that eligible schools have been inadvertently omitted and are subsequently added (decreasing the odds of winning) or in the event that the a school principal or district superintendent request that one (1) or more schools be removed from the Promotion (increasing the odds of winning).
WINNING SCHOOL ANNOUNCEMENT
16. WJAR will contact the principal of the Winning School and the superintendent of the school district to notify them of the results of the Voting Period confirm the school’s participation before it is announced to the general public. The Winning School will be announced during the week of October 1, 2009, at an event chosen by the administration of the Winning School. The name of the Winning School may be posted on WJAR’s website at www.turnto10.com. Date of announcement is dependent upon the Winning School’s preference and is subject to change.
17. At the option of its administration, the Winning School may choose to forfeit the Grand Prize, in which the case the participating school with the next highest number of votes will be declared the alternate Winning School. If necessary, this process will be repeated up to ten (10) times in order to confirm a Winning School. However, after ten (10) such attempts, the Promotion will end and the prize will not be awarded. It is possible that the Promotion will end without any prizes being awarded. Alternate Winning Schools are subject to all eligibility requirements and restrictions of these Official Rules.
PUBLICITY RELEASE
18. By accepting the Grand Prize, the Winning School agrees that WJAR will have the right to publicize its name, photograph (including the use and appearance of Winning School’s photograph on WJAR’s web page), school information, address, and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
19. All participating schools, voters and Student Prize Recipients agree that Media General Communications Holdings, LLC d/b/a WJAR (“NBC10”), Crowne Plaza Hotel at the Crossings, Luke's DJ Service, Party Dress Express, Carl AnthonyTuxedo, AriE Gifts and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (a) are not responsible for lost, interrupted, or unavailable network, server, or other connections, 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 votes that for any reason are not received by WJAR by the deadlines stated above; (b) 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; (c) are released from any and all liability related to this Promotion and the receipt and use of the prize, including attendance at the Prom and any Prom-related activities; and (d) will not be responsible for the inability to conduct Voting Period, identify Winning School, or otherwise administer the Promotion because of equipment failure, data storage failure or any other technical or mechanical problem.
MISCELLANEOUS
20. All federal, state and local laws apply. WJAR shall be entitled to interpret these rules as needed — including but not limited to rules regarding entries, selection of Winning School, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final. By participating or accepting their entry into Promotion, participating schools and voters agree to these Official Rules.
21. WJAR reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Promotion as determined by WJAR in its sole discretion, at which time, WJAR will attempt to identify the Winning School in accordance with above-referenced Voting Process or, if that is no longer possible, conduct a random drawing from among the list of participating schools.
22. WJAR reserves the right to prohibit any voter from participating in the Promotion if, at its sole discretion, WJAR finds such voter to be tampering with the voting process or the operation of the Promotion, or if such voter repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner WJAR determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any participating school, any other voter or Sponsor; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Promotion in any way will be ineligible to vote and may be prosecuted to the full extent of the law. Any failure by WJAR to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
23. WJAR reserves the right to correct typographical or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, WJAR reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
DISPUTES
24. By agreeing to participate in the Promotion or the voting process, participating school and voters agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the voting process but in no event attorneys' fees; and (c) under no circumstances will any participating school or voter be permitted to obtain any award for, and participating school and voter hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
25. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participating school and voters and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Rhode Island without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Rhode Island. Any legal proceedings arising out of this Promotion or relating to these rules shall be instituted only in the federal or state courts located in the State of Rhode Island and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER’S LIST/OFFICIAL RULES COPY
26. To obtain the identity of the Winning School or a copy of these Official Rules, you may visit WJAR’s web site at www.turnto10.com or mail a self-addressed stamped envelope to: “NBC10 Prom Giveaway” Winners’ List c/o WJAR, 23 Kenney Drive, Cranston, RI 02920, designating either Winner’s List Request or Official Rules Request. Winner’s List will be available after November 1, 2009.
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