Fueling the Front Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Fueling the Front Contest (“Contest”) begins on June 15, 2020 at 12:01am standard (non-Daylight Saving Time) Mountain Time (“MT”) and ends on June 28, 2020 at 11:59pm MT (“Promotion Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are standard (non-Daylight Saving Time) Mountain Time unless expressly noted otherwise. To participate, a nominator (“Nominator”) will submit a nomination (“Nomination”) nominating a Frontline Worker (“Frontline Worker”) in the Contest.
ELIGIBILITY: To be eligible, a Frontline Worker must be a legal U.S. resident at least 18 years of age as of date of Nomination and a permanent resident of Maricopa County, Arizona (the “Promotion Area”). A Frontline Worker is defined as a person who provides an essential service or key public service in industries including, but not limited to: healthcare, social assistance, retail, financial, transportation and delivery services, home services, food services and lodging accommodations. To be eligible, a Nominator must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in the Promotion Area. Void wherever prohibited by law and outside the Promotion Area. Employees of Scripps Media, Inc. d/b/a KNXV-TV and KASW-TV, (“Sponsor”), Valley Toyota Dealers Association, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible. By participating, Nominators and Frontline Workers agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, Nominator can nominate a Frontline Worker for the Contest by to going to www.abc15.com/front, and following the on-screen instructions to complete the online Nomination form. Nominators must submit with their entry an essay describing why the Frontline Worker should be chosen as a “Fueling the Front” award winner (the “Essay”), including how the Frontline Worker demonstrates some or all of the following qualifications: 1) an inspiring example to others by helping make the Valley a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.); 2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or 3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The Essay must be in English and no more than 500 words. Essays must also comply with the Submission Requirements below. All information provided must be truthful, accurate and complete.
Incomplete entries will be disqualified. Limit one Nomination per Nominator. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected Nominations; or Nominations not received for any reason. If there is a dispute over who
submitted a Nomination, the Nomination will be deemed to have been submitted by the authorized account holder of the email account identified on the Nomination form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received Nominations (but not the Essays) become the property of Sponsor and will not be returned.
Multiple entries by means of software-generated or other automated processes will be disregarded. Illegible and incomplete entries are void. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected entries; or entries not received for any reason. If there is a dispute over who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email account identified on the entry form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received entries (but not the Essays) become the property of Sponsor and will not be returned.
Submitted Materials: Each Essay must satisfy all of the following submission requirements (the “Submission Requirements”:
· The Essay must be the original creation of Nominator.
· Nominator must either own all rights to the Essay or otherwise have the right to submit the Essay in the Contest and to provide the rights to Sponsor as set forth herein.
· The Essay must not portray any dangerous activity.
· The Essay must not infringe any third party’s intellectual property right.
· The Essay must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.
· The Essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
· The Essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.
· The Essay must otherwise be appropriate for publication or broadcast or display on a general interest website.
· The Essay must be in compliance with the KNXV Terms of Use located at https://www.knxv.com/terms-of-use
By submitting an Essay, each Nominator represents and warrants that the Essay meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Essay by Sponsor as permitted herein will not infringe any third-party rights. Each Nominator further agrees to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Nominator of such warranties or representations made by Nominator or of these Official Rules.
By submitting an Essay, Nominator grants to Sponsor (and to those acting on its behalf, including but not limited to Valley Toyota Dealers Association) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Essay (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Essay. Furthermore, Nominator also grants other users permission to access Nominator’s Essay and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish Nominator’s Essay for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Nominator otherwise will retain all rights in the Essay.
If Sponsor determines, in its sole and absolute discretion and at any time during the Promotion Period, that any Nomination violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Nomination. Sponsor retains sole and absolute discretion in determining whether any Nomination satisfies the Submission Requirements and the Official Rules. Decisions of Sponsor are final on all matters, except as specifically stated otherwise herein.
WINNER SELECTION: A panel of judges selected by Sponsor will select four (4) potential winners based on the compelling nature of the Essay. Judges will judge the Essays as follows: Clarity of Explanation as to why the Frontline Worker deserves to win, 50%; quality and substance of the writing, 25%; and clarity of the content, 25%. If there is a tie for the 4th winner, the tiebreaker will be determined by judges in their sole discretion by re-judging the tied Nominations based on the above criteria. Decisions of judges on Essays are final. Decisions of Sponsor are final on all other matters. Limit one prize per Frontline Worker.
WINNER NOTIFICATION AND RELEASES: Following the judging process, Sponsor will attempt to notify the potential winning Frontline Worker, and the Nominator who submitted the potential winning Nomination via telephone or email to notify the winning Frontline Worker of their status and confirm acceptance of the Prize. If either of the potential Winner or the Nominator who nominated that Winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and an alternate Winner will be selected by applying the criteria set forth above. Each potential Winner (and authorized representative of any Organization that is a potential Winner) may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID and also to have any companion(s) who will participate in the prize activities, if applicable, return the same documentation before claiming the prize or being allowed to participate in any prize activities. If any of the potential companion(s), if applicable, is under the age of majority in his or her state of
residence, then the parent or legal guardian of the minor potential companion(s) must sign and return all required forms. All forms must be postmarked within two days of the date on notification materials if return is requested via mail or forms must be completed before receipt of any prize if prizes are picked up in person.
PRIZES: There are 4 Fueling the Front Prizes. Each winning Frontline Worker will receive a $500 Visa® gift card (Approximate Retail Value (ARV): $500/winner), subject to the conditions stated herein.
Winning Frontline Workers will also be featured in a KNXV-TV and/or KASW-TV news segment (the “Appearance”) on a date to be determined at the sole discretion of Sponsor and at the time most convenient for the Sponsor. Completion of the Appearance is a condition precedent to receiving a prize. Winner must comply with generally accepted broadcast standards with regard to dress, conduct, and language during the Appearance, and such compliance will be determined by Sponsor’s staff in their sole discretion. If the Appearance does not occur for any reason, no alternate prize will be awarded. Sponsor will attempt to give Winner advance notice of the Appearance date. If Winner is unavailable on the designated date or is late for the Appearance, that portion of prize will be forfeited, and no alternate prize will be awarded. Please note that if there is severe weather or breaking news, the Appearance may be cancelled. Sponsor will attempt to notify winner in advance, but cancellations frequently happen without notice. If Sponsor cancels the Appearance, Sponsor will attempt to reschedule but cannot guarantee that there will be an open date on the calendar. If the winning Frontline Worker does not have a chance to do the Appearance because of scheduling or other difficulties, no alternate prize will be awarded. There is no ARV associated with the Appearance portion of the prize.
Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. Subject to all terms, conditions and restrictions on face of tickets, gift cards or imposed by issuer. All properly claimed prizes will be awarded provided a sufficient number of eligible entries are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.” Winner must pick up their prize at KNXV-TV, 515 North 44th St., Phoenix, AZ 85008 M-F between 9AM – 5PM no later than 6 months after prize notification.
Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. The taxable value of a prize will be treated as ordinary income to the prize winner for federal and state income tax purposes. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
PUBLICITY AND MARKETING: Submission of a Nomination in the Contest constitutes permission to contact the Nominator and Frontline Worker via the name and email provided and permission to use the Nominator’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity
or likeness for purposes of advertising and trade in connection with the Contest, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, Nominators and Frontline Workers agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, Nominator’s participation in this Contest or any Contest-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the Nominator in connection with the Contest; any non-compliance by the Nominator with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Nominator’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of Nomination information; or any typographical or other error in the printing, offering or announcement of any prize or Winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Sponsor and Released parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Contest, whether caused by computer, technical or human error. Sponsor and Released Parties are not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Contest whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Contest or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. If Sponsor terminates the Contest, Sponsor will determine the Winners by applying the criteria set forth above to all eligible, non-suspect Nominations received as of the termination date and will post notice of its action on the Contest website. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Sponsor reserves the right to disqualify any individual from further participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the Nomination process or other operation of the Contest; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Nominator or Frontline Worker in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be
obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or other materials used in connection with the Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, NOMINATORS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY NOMINATOR WITH REGARD TO THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Nominators and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Arizona. The state and federal courts located in Maricopa County, Arizona will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and Winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Maricopa County, Arizona and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: For the winner name(s), available after October 1, 2020, send a self-addressed, stamped envelope to: Fueling the Front Winners List, KNXV-TV, 515 N. 44th Street, Phoenix, AZ 85005 to be received by December 31, 2020.
SPONSOR: Scripps Media, Inc. d/b/a KNXV-TV and KASW-TV, 515 N. 44th Street, Phoenix, AZ 85005.
PRIZE PROVIDER: Valley Toyota Dealers Association c/o Lane Terralever, 645 E Missouri Ave, Ste 400, Phoenix, AZ 85012.
VISA® is a registered trademark of Visa, Inc. Visa, Inc. is not a sponsor of or affiliated with this promotion.
