“THE 98 DAYS OF SUMMER-DOLPHIN POOL GIVEAWAY” OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION DATES
These rules (the “Official Rules”) govern THE “98 DAYS OF SUMMER-DOLPHIN POOL GIVEAWAY” (“Promotion”), which will begin on Monday, May 21, 2018 at or around 07:00:00 a.m. CT and end on Friday, August 11, 2018 at approximately 5:00:00 p.m. CT
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open to all legal U.S. residents who are 21 years of age or older at the time of entry and who live within a 100-mile radius of downtown Tulsa, OK (the “Promotion Area”). Employees of Scripps Media, Inc., d/b/a KVOO (the “Promoter” or “Station”), its corporate parent, subsidiary, and affiliated entities, and of the advertising agencies, and participating sponsors/promotional partners associated with this Promotion, and of the other broadcasting stations in the Tulsa metropolitan area, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win. Void where prohibited and outside the Promotion Area.
b. Entrants are required to provide truthful information and Promoter will reject and delete any entry that it discovers to be false or fraudulent. Promoter will disqualify any entry from individuals who do not meet the eligibility requirements, and Promoter will also delete any entry knowingly received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act and as otherwise required by law. All decisions of Promoter management with respect to the Promotion are final.
3. ENTRY AND QUALIFIER SELECTION
a. To participate in the Promotion, you may enter by participating in the Station’s other sweepstakes and contests in which winners are selected during the Promotion Period. If, during the Promotion Period, you are selected and verified as a winner in another KVOO sweepstakes or contest, you will be named a potential qualifier in this Promotion (“Qualifier”). All Qualifiers must meet the eligibility requirements set forth above. Limit one Qualifier position per person.
b. This Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, or Instagram. By submission of an entry, an entrant releases Facebook from any responsibility or liability for the Promotion, the Promotion’s administration, prize, or promotion.
4. WINNER SELECTION AND NOTIFICATION
a. Each Qualifier will receive an invitation and a pair of tickets to the Grand Prize Pool Giveaway at Safari Joe’s H2O Water Park at 4707 E. 21st St. in Tulsa on Saturday, August 18, 2018 (the “Final Event”). Qualifiers will be required to register with Promoter between 11:00am CT and noon CT at the Final Event. At approximately noon CT, Promoter will select the Grand Prize winner in a random drawing from among all registered Qualifiers at the Final Event. You must be present to win the Grand Prize, and you must respond to the prize announcement within five minutes of the announcement.
b. Odds of winning the Grand Prize depend on the number of Qualifiers registered at the Final Event.
c. Winner must execute and return any required affidavit of eligibility and/or liability/publicity release at the Final Event or winner will be disqualified and the prize will be forfeited and an alternate winner may be chosen by random drawing from among remaining eligible Qualifiers. Sponsor will attempt to notify any such alternate winner by telephone or email after the Final Event. If a potential winner does not respond in a timely fashion, fails to complete, sign and return the required affidavit of eligibility and liability/publicity release and provide required identification within the required time period, or if a prize or prize notification is returned as undeliverable, potential winner will be disqualified and will forfeit the prize.
d. Unless otherwise specified in the prize notification, prize certificate may be picked up at the office of the Promoter at the address below. The winner will forfeit any prize or prize certificate not claimed within 30 days of winning. Small prize certificates will not be mailed to the winner without the winner’s prior written consent in which the winner shall agree to assume its risk of loss. The Promoter and its sponsors/promotional partners are not responsible for the safe arrival of a prize or prize certificate.
a. There is one Grand Prize. The Grand Prize is an above-ground pool from Dolphin Pool & Supply. Total approximate retail value (“ARV”) of the Grand Prize is $10,000.00. Winner will have the option of picking a different pool from Dolphin Pool & Supply provided Dolphin Pool & Supply has the pool in stock and provided the ARV of the alternate pool is less than the ARV of the Grand Prize pool. If winner wishes to select an alternate pool, winner must do so by no later than Sept. 1, 2018. Winner will not receive the difference in prize value between the alternate pool and the Grand Prize pool.
b. Prize is awarded as-is. Grand Prize does include installation. Except as provided above, there is no substitution, transfer, or cash equivalent for prize, except that Promoter may, at its sole discretion, substitute prize of comparable value or cash. The prize does not include any other expenses. Promoter is not responsible for winner’s limitations that prevent acceptance, use, or nonuse of prize. Entrants acknowledge that the Released Parties, as defined herein, have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to participants by law. Other restrictions may apply.
a. Payments of all federal, state and local taxes are solely the responsibility of the winner. Winner will be required to complete and submit an IRS Form W-9 or the equivalent including the winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by Promoter in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.
b. Participating in the Promotion and acceptance of any prize constitutes each entrant’s and winner’s permission for the Promoter or its agents to photograph, film, record that entrant and winner and to use his or her name, city, state, voice, or likeness, and any statements made by him or her regarding the Promotion or its sponsors/promotional partners for purposes of trade, publicity or promotion without additional financial or other compensation, and to sign a publicity release confirming such consent prior to acceptance of the prize.
c. Prior to awarding prize, and depending on the nature of the prize and eligibility requirements of the Promotion, the Promoter in its sole discretion will require verification of Promotion winner’s identification by a showing of valid government-issued photo identification. By entering, participating and/or accepting a prize in the Promotion, each entrant and winner agrees not to sue and to release, discharge, indemnify, hold harmless, and absolve the Station and its sponsors/promotional partners, its advertising and promotion agencies and each of their respective parent, subsidiary and affiliated entities and the officers, shareholders, directors, employees, agents, and representatives and the successors and assigns of each of them (the “Released Parties”) from and against any and all claims, demands, actions, suits, losses, expenses, costs, damages, and liabilities including, without limitation, interest, penalties, court costs and reasonable attorneys’ fees and expenses arising directly or indirectly from the prize or participation in the Promotion, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in Promotion, or possession, acceptance and/or use or misuse of prize or participation in any Promotion-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery. Except where prohibited, by entering the Promotion, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize (s) shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Hamilton County, OH; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded. This Promotion will be governed and enforced pursuant to Ohio law, excluding choice of law provisions.
d. Promoter, in its sole discretion, reserves the right to disqualify any person (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of Promoter’s web channel or is otherwise in violation of the Official Rules or direction of Promoter. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of Promoter, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, Promoter reserves the right, but not the obligation, to modify, suspend, or cancel the Promotion and shall not be required to award a substitute prize.
e. The Released Parties are not responsible for (1) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (2) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals; or any other difficulties that may prevent an individual from entering or participating, or (3) lost, stolen, mangled, misdelivered, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Further, the Released Parties are not responsible if any part of prize cannot be awarded due to acts of God, acts of war, natural disaster, weather, acts of terrorism or other factors beyond the Station’s control.
f. To obtain a copy of the Official Rules or the name of the winner following completion of the Promotion (please specify which), send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” or “Winner List” to “98 Days of Summer-Dolphin Pool Giveaway” Winner List or Official Rules Request, KVOO, 4590 E. 29th St., Tulsa, OK, 74114. A copy of the Official Rules and of the name of the winner (when available) are also available during regular business hours at KVOO, 4590 E. 29th St., Tulsa, OK, 74114. All such requests must be received within 30 days following completion of the Promotion.
Dolphin Pool & Supply, 6219 E 11th St., Tulsa, OK 74112; Safari Joe’s H2O Water Park, 4707 E. 21st St., Tulsa, OK 74114. KVOO, 4590 E. 29th St., Tulsa, OK, 74114