Fox59/ Naked Monkey Facebook Fan of the Day 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 Facebook Fan of the Day 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, Naked Monkey, 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 with same, are not eligible to win.
2. TO ENTER: log on to WXIN, Fox59 Facebook page or fox59.com contest page, between January 28, 2012 and February 22, 2013, WXIN/Fox59, will conduct a viewer Facebook sweepstakes (referred to herein as the “Sweepstakes”) Only entries via online are eligible to win.
B. ENTRY DEADLINES: Entries must be received by 4:00AM EST on February 22, 2013. 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).
3. SELECTION OF WINNERS: The in-program on-air entry prompt will disclose the number of winners and winner selection criteria (for example, 5 winners will be chosen at random, etc.). Online entries received in response to each in-program on-air entry prompt will be combined into a single entry pool. Winners will be selected in accordance with the announced selection criteria within 24 hours of the entry deadline. The specified number of entries will be selected at random from among all eligible text and on-line entries received in response to that entry prompt, and entrant(s) will be tentatively declared the winner(s) (subject to eligibility confirmation and compliance with these rules). Only one winner per household for each Enter –to-Win Sweepstakes. Sponsor will attempt to notify winners within 24 hours of winner selection. 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.
4. PRIZES: Prizes and prize value for each Sweepstakes will be announced at the time of the in-program on-air entry prompt.
A. The Prizewinner(s) will receive the prize designated for that particular Sweepstakes. The Fox 59/Naked Monkey Facebook Fan of the Day has a daily value of $25. Prize pack includes a certificate/gift card good for $25 towards any service at any of the three(3) central Indiana Naked Monkey locations. Prizewinner(s) may receive prizes by pick up at WXIN/Fox59 studios. Prizewinners will receive notice of claim method at the time they are contacted as a Winner.
B. Winners agree to accept prizes as is. Prizes are non-transferable and non-assignable. No cash redemption or prize substitutions allowed, except that Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All taxes on prizes and other expenses related to accepting and/or using the prizes are the sole responsibility of Sweepstakes Winners. The value of the prizes 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.
5. GENERAL: By entering, all entrants agree to be bound by these Official Rules and by the decisions of the Sponsors, which shall be final and binding. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. The use of automated entry devices or any other conduct that impedes the integrity of the Sweepstakes is prohibited, and entrants engaging in same may be disqualified. Sponsors’ decisions as to all matters related to the administration of the Sweepstakes and selection of the prize winners are final.
6. 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. 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.
7. 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.
8. WINNERS’ LIST & RULES: For a copy of the rules or a winners’ list, send a self-addressed, stamped envelope to: Fox59 Facebook Fan of the Day Sweepstakes “RULES” or “WINNERS LIST” c/o Fox 59, 205 W. Wacker Drive, Suite 2300, Chicago, IL 60606. You can also access the rules online at http://www.fox59.com.
9. SPONSOR: WXIN Fox59/WTTV-Indiana’s 4, 6910 Network Place, Indianapolis, IN 46278.