1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Facebook Superhero Giveaway (the “Promotion”) is sponsored by LIN Television Corporation d/b/a WISH-TV, WNDY TV & MyINDY-TV (“WISH”). Promotion is only offered in the WISH viewing area in the Indiana counties of Bartholomew, Blackford, Boone, Brown, Carroll, Cass, Clinton, Decatur, Delaware, Fountain, Fayette, Grant, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Lawrence, Madison, Marion, Miami, Monroe, Montgomery, Morgan, Owen, Putnam, Randolph, Rush, Shelby, Tipton, Wayne and White (the “Promotion Area”). Void outside the Promotion Area and where prohibited.
2. Promotion is subject to all federal, state and local laws. WISH shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding nominations, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
3. Promotion begins on October 3, 2016. Final nomination deadline is October 7, 2016 at 9:59 p.m. Eastern Time (“ET”). Drawings to determine potential winners will be held each day starting on October 3, 2016 and ending on October 7, 2016. WISH’s computer is the official time-keeping device for this Promotion.
4. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing information to WISH and not to Facebook. The information you provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions that you have about this Promotion must be directed to WISH and not to Facebook.
5. To be eligible, each “Nominator” and his/her “Nominee” must be at least eighteen (18) years old and legal United States residents living in the Promotion Area (above).
6. Employees of WISH, Media General, Inc. (“Media General”), any other television stations in the Promotion Area, any other entity directly involved in the development or administration of the Promotion, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to nominate or win. The term “household” includes all persons residing together in a single residence, whether or not related.
PRIZES & ODDS
7. Daily Prizes (10): CW Prize Pack (CW-themed DVD, T-shirt, hat, ball and poster). Approximate Retail Value: $35.
8. The odds of winning depend on the number of nominations received. Limit one (1) Nominator and one (1) Nominee prize per household.
9. All prize details shall be at WISH’s sole discretion. Each winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, and fees. Any person who wins prizes through any WISH-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 Form.
10. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. The right to receive any prize is not transferrable. Any prize or portion thereof not used or accepted by any winner is forfeited and no cash or substitute will be offered or permitted. Prizes may not be substituted except that WISH 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.
11. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by WISH. Merchandise prizes carry no warranty other than that offered by manufacturers. WISH has neither made nor is 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. Other restrictions apply.
13. To nominate, visit https://www.facebook.com/wishtv (the “Promotion Page”) and watch for an invitation to post for a chance to win (an “Invite”). WISH will post at least one (1) Invite each day during the Promotion. Follow the instructions to post a comment to the Invite nominating your hero (your “Nominee”) in fifty (50) words or less (your “Comment”). This is the only nomination method. Nominations will not be accepted via U.S. mail, e-mail, or any other method.
14. To be eligible for any particular drawing, all nominations must be received no later than 9:59 p.m. ET on the day of the scheduled drawing. All nominations must be received by WISH no later than October 7, 2016 at 9:59 p.m. ET. Proof of sending is not proof of receipt by WISH. WISH will not accept screen shots as proof of nomination.
15. Non-winning nominations will not carry forward to subsequent drawings, if any. Limit one (1) nomination per entrant or e-mail address per Invite. Additional nominations received from any such entrant or e-mail address thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar nomination methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, Facebook accounts or logins) or any other devices or artifices to nominate or encourage, directly or indirectly, multiple or false nominations are prohibited and suspected or detected nomination method violations may void some or all nominations submitted by that Nominator, in WISH’s sole discretion. No group submissions will be accepted.
16. Nominations must be associated with a valid Facebook account with a valid e-mail address for the Nominator. WISH is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on a Facebook account, the nomination will be deemed made by the “Authorized Account Holder” of the Facebook account used for nomination. The Authorized Account Holder is the natural person who is assigned to the e-mail address associated with the Facebook account used for entry by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain. In the event of a dispute as to the identity of any “Nominator” and his/her “Nominee”, the potential winner agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.
17. Nominators or Nominees who fail to provide any required information may be disqualified without further notification by WISH. WISH is not responsible for nominations that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such nominations are void. WISH reserves the right in its sole discretion to disqualify any nomination at any time that in its opinion does not comply with these Official Rules. Nominations become the property of WISH and will not be returned or acknowledged.
19. Your nomination and Comment may be announced on 24-Hour News 8 and both must comply with all terms and conditions at the Promotion Page (the “Website Terms”), as well as all of the “Submission Requirements” below. (Winners will be selected by a random drawing, not by judging of any Comment).
20. Each nomination and Comment must satisfy the following Submission Requirements:
a. Comments must not depict any content, language or images that would make the Comments inappropriate for publication or broadcast to a general audience as determined by WISH in its absolute and sole discretion. Without limiting the foregoing, Comments that include foul language, nudity or other states of undress, graphic or excessively violent content, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or content that appears to violate any third party intellectual property rights, as determined by WISH in its absolute and sole discretion will be disqualified.
b. No identifiable individuals other than you and your Nominee or any personally identifying information may be depicted or included in any Comment must have agreed to be so identified and you must be able to furnish documentation of such consent if requested.
c. Comments must not depict any identifiable brand names, trademarks, logos or trade names other than those belonging to WISH.
Nominator’s License & Warranty
21. By submitting a nomination and Comment, you expressly grant to WISH (and to those acting on WISH’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the nomination and Comment) to display, reproduce, distribute, publish, perform, edit, otherwise use the nomination and Comment for advertising and promotional purposes, including the display of the nomination and/or Comment on WISH’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Promotion. For clarity, WISH has the right (but not the obligation) to publish any nomination and/or Comment on WISH’s website(s) and/or social media channels and as WISH otherwise so chooses.
22. By submitting a nomination, you warrant that (a) you are legally entitled to submit the nomination and/or Comment in the Promotion, (b) the nomination and Comment do not infringe any third party rights, and (c) the nomination and Comment comply in all respects with the Official Rules and Website Terms and you agree 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 you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.
23. WISH may disqualify any nomination and/or Comment that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, at any time. You agree that WISH has the sole discretion to decide whether any nomination and Comment satisfies these Official Rules and that its decisions are final.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
24. Each day starting on October 3, 2016 and ending on October 7, 2016, or within a reasonable time thereafter, WISH or its designee will randomly choose one (1) Facebook user name from all timely nominations received, for a total of five (5) Facebook user names. Subject to verification of eligibility, the Nominators whose Facebook names are so drawn and Nominees identified in the corresponding Comments will be declared the winners. WISH reserves the right to award fewer than the stated number of prizes in the event that it does not receive an adequate number of properly submitted and eligible nominations for any Invite. WISH reserves the right, but not the obligation, to announce or otherwise publish all of part of the winners’ nominations and corresponding Comments.
25. WISH will contact each potential winning Nominator using the information supplied on the corresponding nomination form. Each winner must respond to initial notification within twenty-four (24) hours and provide his or her (and as to each Nominator, his/her Nominee’s) full name, e-mail address and mailing address (street addresses only; no P.O. Boxes will be accepted) and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents and to provide such documents to WISH within ten (10) days after initial notification and as a condition of receiving prize. WISH in its sole discretion may allow for transmission of verification documents via fax or e-mail. Winners must pick up prizes at WISH’s studios at 1950 N. Meridian Street, Indianapolis, Indiana, on a non-holiday week day during regular business hours. If applicable, WISH, in its sole discretion, may permit a verified winner to authorize, in writing, another adult to pick up his or her prize; provided that winner must agree to release and hold WISH harmless from all liability for any prize claimed by his or her authorized designee and winner’s designee will be required present photo ID.
26. In the event that any potential winner (a) cannot be contacted directly by, or does not respond to, WISH within the time period stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, WISH in its discretion may disqualify that individual and the corresponding Nominator and Nominee prizes will not be awarded.
27. WISH may, in its sole discretion, post the verified winners’ names on the Promotion Page and/or any of WISH’s websites, including http://www.wishtv.com, and on or in any of WISH’s social media pages or channels, and broadcast them on any of WISH’s stations.
28. By accepting a nomination and/or a prize, each winner agrees to award WISH the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on WISH’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
29. By submitting a nomination, accepting a prize and/or otherwise participating in the Promotion, you agree that WISH, Media General, Facebook, Inc., any other company involved in the development or administration of this Promotion, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, 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 nominations that for any reason are not properly submitted or received by WISH by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Nominators, Nominees or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the selection or announcement of the winners or prizes; (c) 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; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any unauthorized third party use of any nomination materials (including any Comments); (f) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of nominations, the selection of winners, the prizes or otherwise in any Promotion-related materials.
30. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION.
31. By submitting a nomination, accepting a prize and/or otherwise participating in the Promotion, you agree to release and hold Released Parties harmless from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Promotion or any Promotion-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of nomination materials during or after the Promotion (including any Comments); (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize; and (d) any other claim or cause of action you may have against any Released Party.
32. BY SUBMITTING A NOMINATION, ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE PROMOTION, YOU FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE 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 ENTERING THE PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU 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 ACTUAL OUT-OF-POCKET EXPENSES.
33. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
34. WISH reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, in the event that WISH determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond WISH’s control. In such an event, WISH will post notice of same at the Promotion Page and select the winners at random from all non-suspect nominations received prior to the suspension, cancellation or termination of the Promotion or in such other manner as WISH, in its sole discretion, deems fair and appropriate under the circumstances.
35. WISH reserves the right to disqualify any individual from further participation in the Promotion if WISH concludes, in its sole discretion, that such person (a) has attempted to tamper with the nomination process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards WISH or any other Nominator, Nominee or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to nominate more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by WISH to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
36. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND WISH RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
37. All activity arising out of and relating to the Promotion, including any reference to the status of any person as a “winner” is subject to verification and/or auditing for compliance with the Official Rules. If WISH determines, in its sole discretion, that verification or auditing activity evidences non-compliance of any nomination and/or Nominator and his/her Nominee with the Official Rules, WISH reserves the right to disqualify such nomination and/or Nominator and his/her Nominee from the Promotion and any prize at any time. WISH reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if WISH determines in its sole discretion that awarding a prize to any such individual might reflect negatively on WISH. Each Nominee agrees to cooperate with WISH and its representatives in connection with any and all verification, auditing and/or background check activities.
38. WISH reserves the right to correct typographical, printing 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, WISH reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
39. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Nominators, Nominees or other participants or Released Parties in connection with the Promotion, shall be governed by Indiana law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Indiana.
40. By submitting a nomination, accepting a prize and/or otherwise participating in the Promotion, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Marion County, Indiana, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
41. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion nomination forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. In the event that any provision of these Official Rules 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.
42. Facebook is not a sponsor of this Promotion. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
WINNERS’ LIST/OFFICIAL RULES
43. For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or http://www.wishtv.com or mail a SASE to: Facebook Superhero Giveaway c/o WISH, 1950 N. Meridian Street, Indianapolis, IN 46202, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after November 7, 2016.
BROADCAST OR PRINT
NO PURCHASE NECESSARY. Nominations start on 10/3/16 & end on 10/7/16. Winners selected daily 10/3/16-10/17/16. You must be legal IN res in WISH viewing area, 18+, to nominate or win. Nominate at facebook.com/wishtv by 10/7/16 at 9:59 pm ET. Limit 1 nomination/Nominator/Invite & 1 Nominator & Nominee prize/hshld. Odds of winning dep on # of nominations rec’d. DP (10): CW prize pack. ARV: $35. Winners resp for all taxes/costs not stated above. Other restrs & elig lims apply. For full rules & Winners’ List (avail 11/7/16), visit facebook.com/wishtv. Sponsor: WISH. Void where prohibited.
NO PURCHASE NECESSARY. Restrictions apply. Visit facebook.com/wishtv for full rules, prize info, odds & other details. Void where prohibited.
NO PURCHASE NECESSARY. Restrs apply. See full rules at facebook.com/wishtv. Void where prohibited.