2019 Nick’s Heroes Promotion
OFFICIAL RULESNO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The 2019 Nick’s Heroes Promotion (“Contest”) beginson February 24, 2019 at 12:01 am Mountain Time (“MT”) and ends on November 24, 2019 at 11:59 pm MT (“Promotion Period”). The promotion period will be divided into 10 entry periods (each, an “Entry Period). Entry Period 1 will begin on February 24, 2019 at 12:01 am MT and end on March 10, 2019 at 11:59 pm. Entry Period 2 will begin on March 11, 2019 at 12:01 am MT and end on March 24, 2019 at 11:59 pm MT. The following 8 Entry Periods will each begin on the 25th day of each month at 12:01 am MT and end at 11:59 pm MT the 24th day of the following calendar month. 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 Mountain Time unless expressly noted otherwise. To participate, a nominator (“Entrant”) will submit a nomination (“Nomination”) nominating a hero (“Hero”) in the Contest.
ELIGIBILITY: To be eligible, a Hero must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in Arizona in Maricopa County (the “Promotion Area”). A Hero is defined as a person who is admired or idealized for their courage, outstanding achievements, or noble qualities. To be eligible, an Entrant 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, Valley Toyota Dealers Association (collectively, “Sponsor”), their respective 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, Entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, an Entrant can nominate a Hero for the Contest by going to www.abc15.com/heroes and following the on-screen instructions to complete the online Nomination form. Entrants will also be required to submit and essay describing why the Hero should be chosen as a “Nick’s Heroes” award winner (the “Essay”), including how the Hero 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. All information provided must be truthful, accurate and complete. Incomplete Nominations will be disqualified. Entrants may not enter the Contest more than once, which means that an Entrant cannot nominate more than one Hero, and a Hero cannot be nominated more than once. If a Hero is nominated more than once, only the first Nomination received will be eligible. Illegible and incomplete Nominations 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 Nominations (but not the Essays) become the property of Sponsor and will not be returned.
Submitted Materials: Each Essay must satisfy all the following submission requirements (the “Submission Requirements”:
· The Essay must be the original creation of Entrant.
· The Essay must not portray any recognizable individual without their prior consent, including consent from the Hero.
· Entrant 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 may 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.
By submitting an Essay, each Entrant 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 Entrant 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 Entrant of such warranties or representations made by contestant or of these Official Rules.
By submitting an Essay, Entrant grants to Sponsor (and to those acting on its behalf) a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the Essay) to display or otherwise use the Essay in connection with this Promotion and as set forth herein.
If Sponsor determines, in its sole 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 Essay. Sponsor retains sole discretion as to whether any Nomination satisfies the Submission Requirements and the Official Rules.
WINNER SELECTION: For each Entry Period, a panel of judges will select potential Nick’s Heroes winners based on the compelling nature of the Essay based on the criteria set forth herein. There will be two winners selected after the following – Entry Period 1: February 24 – March 10. There will be three winners selected after the following – Entry Period 2: March 11 – March 24. There will be four winners selected after the following - Entry Period 4: April 25 to May 24; Entry Period 5: May 25 to June 24; Entry Period 7: July 25 to August 24; Entry Period 8: August 25 to September 24; and Entry Period 10: October 25 – November 24. There will be five winners selected after the following Entry Periods - Entry Period 3: March 25 – April 24; Entry Period 6: June 25 – July 24; Entry Period 9: September 25 – October 24. There will be a total of 40 Nick’s Heroes winners during the Promotion Period. Non-winning Nominations will carry over to the next Entry Period. Decisions of Sponsor are final on all matters. Limit one prize per person/household address.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify potential winners via telephone or email. If a potential 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 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 winner or the 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 winner or companion(s) must sign and return all required forms. All forms must be postmarked within 10 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. Decision of the Sponsor are final on all matters.
PRIZES: There are 40 Hero Prizes. Each winning Hero will receive a $500 Visa® Gift Card (ARV: $500/winner).
Winning Hero will also receive an opportunity to be featured in a KNXV-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. 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 Entrant 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 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 90 days 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. 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 the Sponsor to use Entrants 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 any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, Entrants 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, contestant’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 contestant in connection with the Contest; any non-compliance by the Entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the contestant’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 entry 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 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 is 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 winner(s) by applying the criteria set forth above to all eligible, non-suspect entries received as of the termination date and will post notice of its action on the Contest website. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. 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 contestant 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 attempt to undermine the operation of this Contest may be a violation of criminal and civil laws. Sponsor reserves the right to disqualify and/or seek damages from any individual making any such attempts to the full extent permitted by law. 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 entry materials used in connection with the Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS 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 CONTESTANT 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 contestants and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The state and federal courts located in Hamilton County, Ohio 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 Hamilton County, Ohio 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 December 1, 2019, send a self-addressed, stamped envelope to: 2019 Nick’s Heroes Winners List, KNXV-TV, 515 N. 44th Street, Phoenix, AZ 85005 to be received by March 1, 2020.
SPONSORS: Scripps Media, Inc. d/b/a KNXV-TV, 515 N. 44th Street, Phoenix, AZ 85005; 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.