Fox59/ White River ZipLines SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. Void where prohibited or otherwise restricted by law.
1. ELIGIBILITY: Fox59/ White River ZipLines Sweepstakes (the “Sweepstakes”) is open only to U.S citizens who are legal residents of the WXIN Fox59/WTTV Indiana’s 4 viewing area, and 18 years of age or older at the time of entry. Employees, officers and directors of WXIN/Fox59 and WTTV/Indiana’s 4, Vibes Media, and each of their respective parent and affiliated companies, subsidiaries, advertising and promotional agencies, and any other companies associated with the Sweepstakes (the “Sweepstakes Entities”), and their immediate family members and individuals living in the same household, are not eligible. Sweepstakes begins on Monday, May 19, 2014 12:01am EST and ends on Thursday, May 22, 2014 11:59pm EST (the “Sweepstakes Period”).
2. TO ENTER: log-on to fox59.com from 5/19 to 5/22 during the Sweepstakes Period
A. ENTER VIA TEXT MESSAGE: When the keyword is announced, send a text message to 20841 with the keyword ZIP in the body of the message. Text entrants must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method. Entrants will be sent a text message to confirm entry into the Sweepstakes. Entrants entering by text will be charged standard text messaging rates for text messages sent and received from their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas. Sponsor reserves the right in its sole discretion to disqualify any text message entry at any time which in Sponsor’s opinion does not comply with these Official Rules. By submitting text entries, entrants allow Vibes Media, LLC to communicate with them on behalf of WXIN/WTTV.
C. ENTRY DEADLINES: Entries must be received by 11:59pm on May 22, 2014. Broadcast times may change; see your local TV listings for information. One entry per person and per household [per day (irrespective of the entry method), during the Sweepstakes Period].
3. SELECTION OF WINNERS: Text and online entries [received following each in-program prompt will be combined into a single entry pool. Winners will be selected within 24 hours of the entry deadline. In each case, one entry will be selected at random from among all eligible text and on-line entries received in response to that prompt, and that entrant will be tentatively declared the winner (subject to eligibility confirmation and compliance with these rules). Sponsor will attempt to notify winners within 24 hours of the drawing. If a selected Winner cannot be reached after reasonable time and effort, is found to be ineligible, or has otherwise failed to comply with these Official Rules, that entrant shall be disqualified, and an alternate winner will be selected at random from among the remaining eligible entries from that entry pool until an eligible winner is selected. Odds of winning depend on the number of entries received for that drawing.
A. Five (5) winners will each receive two(2) trips on the first class Zip Line to White River ZipLines; including two(2) zipline passes (ARV: $178.00). Prize winners may be required to complete, sign and return an Affidavit of Eligibility/Liability and Publicity Release (where permitted by law) as well as any other documents which may be required by Sponsor or prize provider. Winners are solely responsible for all applicable federal, state and local taxes and any other expenses and costs not expressly listed above. Winners must claim and redeem prizes at Fox 59, 6910 Network Place, Indianapolis, IN 46278.
B. Winners agree to accept prize as is. Prize is non-transferable and non-assignable. No cash redemption or prize substitution allowed, except that Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All taxes on prize and other expenses related to accepting and/or using the prize are the sole responsibility of Winner. The value of the prize will be taxable to Winner as income. Sponsor shall have no responsibility or obligation to any Winner or potential Winner who is unable or unavailable to accept, utilize or redeem a prize.
C. Winners may be required to complete an affidavit of eligibility/liability/publicity and release as well as any other documents required by Sponsor, as a condition of receiving a prize. Failure to do so may result in disqualification and the selection of an alternate winner selected at random from remaining eligible entries. Upon prize forfeiture, no compensation will be given.
D. Except where prohibited by law, entry in the Sweepstakes and acceptance of a prize constitutes each entrant’s consent to the use by Sweepstakes Entities, of entrant’s name, likeness, image, voice, hometown, and biographical information in any advertising, trade or promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law.
7. OTHER CONDITIONS:
A. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (i) infection by computer virus, bugs, interruption in wireless calling devices or wireless service, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (ii) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Official Rules, or (iii) the Sweepstakes becomes corrupted due to wireless calling/text message carrier service interruption for any reason (iv) the Sweepstakes is otherwise not capable of running as planned.
B. By entering, entrants agree to release and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance, delivery or use of prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling/text message carrier service, interrupted or unavailable network, server or other connections (ii) failure of any entry to be received by Sponsor due to technical problems, telephone service problems, human error or traffic congestion on the Internet or at any website, or wireless calling/text message carrier service (iii) communications line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof).
C. By entering, entrants agree to comply with these Official Rules. Entrants attempting to tamper with this Sweepstakes may be disqualified. Text entrants must have a valid Mobile Telephone Number (MTN) and account, and prizes will be awarded to the names corresponding to the MTN from which the winning text messages originated. “Authorized Account Holder” is defined as the natural person who is assigned a MTN by the wireless carrier or as shown on the billing records of the wireless carrier. Winners may need to present a wireless bill to confirm he/she is the Authorized Account Holder of the wireless account used to text message the winning entry. In the event of dispute as to the identity of an online entrant, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. CONFLICTS-ARBITRATION: This Sweepstakes is intended for participation in the United States only and shall be construed only according to United States Law. Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant and Sponsor agree that (1) any and all disputes and causes of action arising out of or connected with this sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana without regard to Indiana choice of law rules.
9. WINNERS’ LIST & RULES: For a copy of the rules or a winners’ list, send a self-addressed, stamped envelope by June 23, 2014 to: Fox59 White River ZipLines Sweepstakes “RULES” or “WINNERS LIST” c/o WXIN/FOX59, 6910 Network Place, Indianapolis, IN 46278, or visit the Sponsor website at http://www.fox59.com.
10. SPONSORS: Sweepstakes is sponsored by Tribune Broadcasting Indianapolis, LLC, 6910 Network Place, Indianapolis, IN 46278 and White River ZipLines 5211 S. New Columbus Rd. Anderson, IN 46013
11. This Sweepstakes is void where prohibited or restricted. Sweepstakes rules shall be governed and enforced pursuant to Indiana law, excluding choice of law provisions. Any legal proceedings arising out of or relating in any way to this Sweepstakes or these Official Rules shall be brought only in the federal and state courts located in Indianapolis, IN and entrants consent to mandatory and exclusive jurisdiction with respect to any such legal proceeding.