ANDY
PARKER’S WEATHER MACHINE CONTEST
OFFICIAL
RULES
Andy Parker’s Weather Machine Contest
begins on Thursday January 30th
at 5:15am ET
and ends on Tuesday February 11th
at 12pm ET (“Promotion Period”). The
time shall be determined by Sponsor’s timekeeping systems.
Sponsor shall 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 Eastern Time
unless expressly noted otherwise.
All elementary schools located within
the United States in the WKBW viewing area are eligible to win
and will be automatically entered to win: A visit from Andy
Parker’s Weather Machine. Entrants and voters agree to be bound
by the Official Rules and the decisions of Sponsor.
TO VOTE: During the Promotion
Period, go to WKBW.com or WeatherMachine.com and follow the
on-screen instructions to vote for a school from the list
provided. All information you provide must be truthful,
accurate and complete. Upon successfully submitting your vote to
Sponsor as described above, the School you select will receive
one (1) vote. Votes are not final until verified by
Sponsor.
No mechanically reproduced entries of
any kind permitted. Illegible and incomplete entries are void.
Sponsor is not responsible for incomplete, late, deleted,
misdirected entries or entries not received. Entries become the
property of Sponsor and will not be returned.
WINNER DETERMINATION: **
This contest will be a winner take all with the school receiving
the most votes winning the contest. There will not be a
2nd Chance Draw in this contest period. **
There will be two (2) winning Schools
determined at the end of the Promotion Period. The School
receiving the most votes will be deemed the Top Vote Getting
School. Additionally, the Schools receiving second
through ten (10) highest numbers of votes will be put into a
random drawing from all eligible entries received and one (1)
Second Chance Winner will be selected. In the event of a
tie, both schools will receive a visit from Andy Parker’s
Weather Machine. Decisions of Sponsor are final on all
matters. Odds of being a Top Vote Getting winner will depend
upon the number of eligible entries received. Odds of being a
Second Chance Prize winner will be one in nine.
PRIZE(S): Two (2) Winning School
Prizes – A visit to the school from Andy Parker’s Weather
Machine valued at $1,250 Prizes consist of only those
items specifically listed as part of the prize. No substitution
or transfer/assignment of prize by winners permitted.
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. ALL TAXES ARE THE SOLE
RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other
tax-related forms and documents may be issued by Sponsor if
required by law.
WINNER NOTIFICATION AND RELEASES: On
or around the conclusion of the contest period, Sponsor shall
notify the potential winner(s). The potential prize winner(s)
will be contacted via phone and/or email. If a potential winner
does not respond after the first attempted contact from Sponsor
within 5 days, they will be disqualified and the prize awarded
to the runner up.
LIABILITY RELEASE &
INDEMNIFICATION: By entering this Sweepstakes, you agree to
release, discharge and hold harmless Sponsor, Sponsor Affiliates
and their respective directors, officers, employees, agents and
assigns (the “Released Parties”) from any claims, losses, and
damages arising out of, or relating to, your participation in
this Sweepstakes or any Sweepstakes-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 entrant in connection with the
Sweepstakes; 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 entrant’s involvement with the Sweepstakes; acceptance,
possession, misuse or use of any prize or participation in any
Sweepstakes-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 Sweepstakes.
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 promotion, 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 promotion whether caused by computer, technical or human
error. Sponsor reserves the right to cancel or modify the
promotion or any portion of it for any reason, including but not
limited to, if fraud, misconduct or technical failures destroy
the integrity of the promotion; or if a computer virus, bug,
wireless failure, or other technical problem corrupts the
administration, security, or proper administration of the
promotion as determined by Sponsor, in its sole discretion.
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. Any attempt to undermine the operation of this
promotion is a violation of criminal & 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.
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 PROMOTION SHALL BE RESOLVED EXCLUSIVELY BY
IN THE COURTS OF OHIO LOCATED IN HAMILTON COUNTY, OHIO, AND ANY
AND ALL CLAIMS, JUDGEMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL
OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS
PROMOTION, 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 entrants and sponsors in connection with the
promotion shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect to any
choice of law or conflict of law rules or provisions (whether of
New York or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than New
York. All participants and winners agree, by their
participation in the Contest, to submit to the personal
jurisdiction of the courts of New York in Erie County 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 the conclusion of any contest period send a
self-addressed, stamped envelope to: Andy Parker’s Weather
Machine Contest Winner List to WKBW-TV 7 Broadcast Plaza Buffalo
NY 14202: to be received no later than 2 months from the
conclusion of the Contest Period
SPONSORS: Scripps Media, Inc.
d/b/a WKBW-TV 7 Broadcast Plaza Buffalo, NY 14202 and Andy
Parker’s Weather Machine.