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ASHLEY FURNITURE TALENT SEARCH CONTEST
OFFICIAL RULES
1.NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2.BY ENTERING INTO THIS CONTEST YOU ACKNOWLEDGE AND AGREE THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT ENTER OR UPLOAD YOUR CONTEST SUBMISSION. BY SUBMITTING AN ENTRY, ENTRANTS ARE NOT SUBMITTING AN APPLICATION FOR EMPLOYMENT.
3.The Ashley Furniture Talent Search Contest (the “Contest”) is sponsored by the following Ashley Furniture HomeStore locations: 4950 Center Pointe Dr., N. Charleston, SC 29418, 2361 David H. McLeod Blvd., Florence, SC 29501, 101 Okatie Center Blvd N., Bluffton, SC 29909, and 8108 G Abercorn Street, Savannah, GA 31406 (collectively “Parrott Group Ashley Furniture”), Media General Operations, Inc. d/b/a WCBD TV 2 (“WCBD”) and WSAV TV (“WSAV”), Barrington Broadcasting Group LLC d/b/a WPDE Newschannel 15 (“WPDE”) (collectively “Contest Entities”) and administered by WCBD. The geographic scope of this promotion is the states of South Carolina and Georgia. Contest is subject to all federal, state and local laws. Void where prohibited by law. By entering, entrants agree to these Official Rules. Limit one (1) entry per household. “Household” includes all persons residing together in a single residence, whether or not related.
4.This Contest is executed on www.counton2.com and www.wpde.com and www.wsav.com (collectively the “Contest Sites”). Contest begins on October 11, 2010 and ends on January 31, 2011 (“Promotion Period”). Entry deadline is December 31, 2010 at 5:00 p.m. Eastern Time (“ET”). WCBD’s computer is the official time-keeping device for this Contest.
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Phases |
Dates |
| Phase 1: Submissions |
10/11/10-12/31/10 |
| Phase 2: Finalist
Judging |
12/31/10-1/14/11 |
| Phase 3:Grand Prize
Winner Judging |
1/15/11-1/21/11 |
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Winner
Announcement |
1/31/11
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5.Contest consists generally of the three (3) following phases, which are described in more detail below in these Official Rules:
a.Phase One – Contest Submissions: Each entrant (each an “Entrant”) may submit one (1) Demo Tape that consists of a video recording of the Entrant speaking the scripted phrase below. All timely and complete Submissions that meet the Submission Requirements (listed below) uploaded to the Contest Sites will move forward to Phase Two.
b.Phase Two – Finalist Judging: Panels of qualified judges assembled by WCBD, WSAV and WPDE will judge the Submissions and select fifteen (15) Finalists.
c.Phase Three – Grand Prize Winner Judging: A panel of judges assembled by Parrott Group Ashley Furniture will judge the Submissions of the Finalists and select one (1) Grand Prize Winner.
ELIGIBILITY
6.All Entrants must: (a) be at least eighteen (18) years old at the time of entry, (b) be legal residents of the states of South Carolina or Georgia at the time of entry, (c) have Internet access as of October 11, 2010, and (d) must not be currently in any open criminal proceedings, be on felony probation or have a felony record. As a condition of receiving the Grand Prize, all entrants must be willing and legally able to sign a one (1) year talent management contract with Parrott Group Ashley Furniture before prize award is made and before any public announcement is made. Failure or refusal to sign the contract will result in disqualification, the forfeiture of the prize, and selection or an alternate Grand Prize Winner.
7.In addition, you are not eligible to enter the Contest or win if you are, at any time during the Promotion Period, an employee, officer, director or contractor of any of the Contest Entities or of any company or entity engaged in the development of, the production or distribution of materials for, or the implementation of this Contest, or if you are a member of the immediate family (defined as spouse, parents, siblings or children) or household (whether or not related) of any such employees or contractors.
PRIZES
8.Grand Prize (1): $10,000 store credit valid at any Parrott Group Ashley’s Furniture location until 12/31/11 and the opportunity to be featured in Parrott Group Ashley Furniture marketing materials as the “spokesperson” for Parrott Group Ashley Furniture for one (1) year, as detailed and limited below and as determined by Parrott Group Ashley Furniture in its sole discretion. Spokesperson component of prize has no retail value and is subject to Parrott Group Ashley Furniture Spokesperson requirements, which will be set out in a separate written talent contract. Approximate Retail Value (“ARV”): $10,000.00.
9.Contest Entities reserve the right not to award the Grand Prize if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Entries.
PRIZE RESTRICTIONS
10.All details of all prizes shall be at Contest Entities’ sole discretion. Winner assumes sole responsibility for all costs associated with the $10,000 store credit component of the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), fees, surcharges on a prize, delivery, storage, insurance, assembly, and transportation to and from the Parrott Group Ashley Furniture location. The store credit cannot be combined with any other offer, discount or promotion and must be used in its entirety at one (1) Parrott Group Ashley Furniture location and on one order.
11.In addition, winner assumes sole responsibility for all costs associated with the “spokesperson” component of the prize not explicitly outlined above, including without limitation, all federal, state and local taxes, wardrobe, make-up, transportation to and from appearances not otherwise provided below, accommodations, or other expenses associated with or incurred as a result of participating in, or attending, events or appearances as the “spokesperson.”
12.Prizes are not redeemable for cash and may not be sold or bartered. Prizes may not be transferred or substituted except that Contest Entities in their discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if they deem necessary.
13.Winner will be required to execute a one (1) year contract with Parrott Group Ashley Furniture that will contain provisions such as, but not limited to, the following:
a.Winner shall act as a “spokesperson” in various media as selected by Parrott Group Ashley Furniture in its sole discretion including, without limitation, television, cable, radio, print of any type, Internet or any other advertising selected by Parrott Group Ashley Furniture.
b.Winner shall be required to fulfill the activities and responsibilities entailed as the “Spokesperson” for the Parrott Group Ashley Furniture, the details of which shall be defined by Parrott Group Ashley Furniture at its sole discretion, but which will involve, at a minimum, the following: Winner agrees to be available to participate in recording promotions in any Parrott Group Ashley Furniture location, including such events as media events, contests, promotions, sales promotions and partner events, given at least two (2) weeks’ notice.
c.Winner shall agree that any video, audio, music, photography or other works created by Winner while acting as the “spokesperson” during the one (1) year commitment shall be a "work made for hire" under the Copyright laws of the United States, with all rights therein, including, without limitation, the exclusive copyright, being the property of Parrott Group Ashley Furniture and its licensees and designees. In the event that any such items are considered not to be a "work made for hire," Winner shall agree to irrevocably assign to Parrott Group Ashley Furniture all right, title, and interest in its entry (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade, and to authorize Parrott Group Ashley Furniture‘s licensees and designees to similarly exercise such rights.
d.During the term of the “spokesperson” contract, Winner will be subject to any Parrott Group Ashley Furniture code of conduct and/or ethics policies, including social media and blogging guidelines and winner shall uphold the same professionalism and good taste when using social media as is expected when the Winner is depicted on-air, in person or in outside media (radio, print, billboards, etc.).
e.During the term of the “spokesperson” contract, Winner shall not make any statements or take any actions that reflect negatively upon Parrott Group Ashley Furniture or its products;
f.During the term of the “spokesperson” contract, Winner agrees to maintain the confidentiality of certain information and materials received from Parrott Group Ashley Furniture;
g.No expenses will be paid in conjunction with winner’s performance of his/her obligations as “Spokesperson” except that Winner shall be entitled to reimbursement for mileage at $.41 per mile if non-local travel is necessary from his/her residence to the Parrott Group Ashley Furniture location where promotion is being produced. The type of appearances on television/radio/in-person will depend on the advertising needs of Parrott Group Ashley Furniture. Use of any video/portion of video created with winner will be at the sole discretion of Parrott Group Ashley Furniture.
h.If the Winner cannot fulfill the one (1) year commitment, violates any Parrott Group Ashley Furniture guidelines, or breaches the written talent contract with Parrott Group Ashley Furniture, Parrott Group Ashley Furniture shall have the option, in its sole discretion, to disqualify the winner from further participation as a “spokesperson” and may ask the runner-up Finalist to assume the remainder of the contract.
14.Except as may otherwise be expressly stated in any written agreement between Grand Prize Winner and Parrott Group Ashley Furniture, no agency, partnership, joint venture, or employment relationship is created between Grand Prize Winner and Parrott Group Ashley Furniture for any purpose, including, but not limited to, federal, state, or local tax or other laws, nor shall Grand Prize Winner hold himself/herself out as an employee or agent of Parrott Group Ashley Furniture. Grand Prize Winner shall not be deemed a “leased” employee of Parrott Group Ashley Furniture. Grand Prize Winner expressly acknowledges and confirms to Parrott Group Ashley Furniture that he/she shall not be entitled to any compensation or benefits provided by Parrott Group Ashley Furniture, including, without limitation, workers’ compensation insurance, unemployment insurance, hospitalization, major medical insurance, vacation, sick days, or the like, and that Grand Prize Winner shall be solely responsible for any such benefits.
PHASE ONE: CONTEST SUBMISSIONS
15.Entries will be accepted beginning October 11, 2010 at 12:01 a.m. ET and ending December 31, 2010 at 5:00 p.m. ET (“Entry Period”). To enter, first create your “Demo Tape” by videotaping yourself reading the following script: "When decorating a table top, let your personality shine through! For a personal touch to table tops, use picture frames in a variety of shapes and sizes. Add decorative boxes for interest or soften the look with a floral piece. Visit us for more decorating ideas at Ashley Furniture HomeStore where great style doesn't have to be expensive!"
16.Once you have created your Demo Tape, you may enter it in the Contest in either of the following ways:
a.Visit either of the Contest Sites at www.counton2.com or www.wpde.com or www.wsav.com and follow the instructions to complete an Official Entry Form and upload your Demo Tape (together a “Submission”).
b.Hand-print or type a postcard with your name, complete address, telephone number and age and mail it, along with your Demo Tape, to Ashley Furniture Talent Search Contest, c/o WCBD, 210 W. Coleman Blvd., Mt. Pleasant, SC 29464.
17.Each Submission must satisfy all of the applicable “Submission Requirements” below. A Submission is only complete when the confirmation box alerts you that your Submission has been successfully uploaded. These are the only methods of entering this Contest and Submissions will not be accepted by any other method.
18.Regardless of your method of entry, all Submissions must be received by Contest Entities no later than no later than December 31, 2010 at 5:00 p.m. ET. Proof of sending is not proof of receipt by Contest Entities. WCBD will not accept screen shots as proof of entry. Contest Entities are not responsible for, and Entrants assume all risk of, Entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by Contest Entities prior to the stated deadline, or if they fail to adhere to these Official Rules, including the Submission Guidelines, and all such Entries are void. Entrants who fail to provide any of the information required above will not be eligible to win and may not be notified by Contest Entities.
19.Each online Submission must include a valid e-mail address for the Entrant. Enter using only an e-mail address subscribed to and registered in your name. In the event of a dispute as to the identity or eligibility of a Winner based on an e-mail address, the winning Submission will be declared made by the Authorized Registered User of the e-mail address submitted at time of entry. “Authorized Registered User” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
20.No group submissions will be accepted. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all Entries submitted by that Entrant.
21.If you enter online, the personal information that you provide in connection with the Contest may be used by WCBD or WPDE in accordance with their respective Privacy Policies, which are found at www.counton2.com and www.wpde.com and www.wsav.com and which may be updated from time to time.
22.By submitting an entry, each Entrant agree not to use the Submission, or any part of the Submission, for any other purpose, including, without limitation, posting all or any part of the Submission to any online social networks, without the express consent of Contest Entities in each instance. Moreover, each Entrant agrees not to release any publicity or other materials on his/her own or through any other person or entity regarding his/her participation in the Contest without the prior consent of Contest Entities, which they may withhold in their sole discretion.
Submission Requirements
23.All Demo Tapes submitted during the Contest must satisfy the following Submission Requirements:
a.Demo Tapes must be original to Entrant (not copied, adapted, or reproduced from any other source and not a collaboration with any other person).
b.Acceptable file formats are: .avi, .mov, .wmv, .mp4, .mpeg, .flv, .3gp, and .3g2.
c.Maximum run-time of each Demo Tape is fifteen (15) seconds.
d.The Demo Tape file size should be kept at or under 100 MB for quicker upload/encoding time.
e.No watermarks, signatures, or copyright notices may be added to any Demo Tape.
f.Demo Tape must not include any licensed or copyrighted music, video or still images.
g.The Entrant must be the only person depicted in the Demo Tape and the Entrant’s face must be clearly shown in the Demo Tape.
h.Demo Tapes must not depict any logos, trademarks, trade names, or commercial products other than those of Parrott Group Ashley Furniture.
i.Demo Tapes must not include any music.
j.Demo Tapes must not depict any obscene, provocative or otherwise inappropriate content, including but not limited to nudity.
k.The Demo Tape must follow the script provided on the Contest Website and contain no other material.
24.Once uploaded, Submission will not be returned. Any Submission that is determined by Contest Entities in their sole discretion at any time during the Promotion Period to violate the Submission Requirements or the Official Rules, or to otherwise be unsuitable, offensive, in poor taste, or otherwise not in keeping with corporate image of any of the Contest Entities, as determined in the sole discretion of Contest Entities, may be rejected and disqualified from further consideration, even if the Submission has previously been submitted for Finalist Judging (below). Contest Entities retain sole discretion as to whether any Submission satisfies the Submission Requirements and their decisions are final.
25.As noted below, one (1) winning Submission will be selected by Contest Entities in accordance with the Judging Criteria. Parrott Group Ashley Furniture may, but is not obligated to, utilize the Grand Prize Winner as an Official Spokesperson. Contest Entities’ sole obligation to the verified winner of this Contest is to furnish the winner with the $10,000 store credit component of the Prize described above.
26.Winner may be asked to provide the original audio and video files used during production of the Demo Tape for broadcast purposes. This may include uncompressed QuickTime files, final audio mix and/or separate audio tracks for dialogue, music, and effects.
Warranty/Indemnification By Entrant
27. By entering a Submission, each Entrant warrants that (a) the Submission is original to and was created solely by the Entrant and has not been copied, in whole or in part, from a copyrighted or proprietary work belonging to someone else, (b) the Submission does not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties, (c) Entrant is legally entitled to submit the Submission in the Contest; (d) the distribution, reproduction, display and any other uses of the Submission by Contest Entities as permitted herein will not infringe any third party rights; and (e) the Submission complies with each of the provisions of the Terms of Use of the Contest Sites at: www.counton2.com and www.wpde.com and www.wsav.com.
28.By entering, each Entrant further warrants and represents that he/she has rights to the Submission and that he/she has obtained all permissions necessary for Contest Entities to publish or use the Submission in any media worldwide, including, but not limited to, permission from any holder of copyrights, trademarks or other rights in materials or other items depicted in the Submission. Contest Entities reserve the right to request proof of these rights and/or permissions in a form acceptable to Contest Entities from any entrant at any time. Failure to provide such proof may, if requested, render the relevant Submission null and void.
29.Each Entrant agrees to indemnify and hold harmless Contest Entities, their respective parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, 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 the Entrant of these Official Rules or the warranties and/or representations made by Entrant pursuant to these Official Rules.
30.By entering a Submission in the Contest, Entrant grants to Contest Entities (and to those acting on behalf of Contest Entities) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to the Submission) to display or otherwise use the Submission on the Contest Sites and any related sites in connection with this Contest.
PHASE TWO – FINALIST JUDGING
31.All Entries that are timely and properly submitted at each of the Contest Sites during the Entry Period will be judged by a qualified panel of judges (one panel per Contest Site) consisting of creative professionals assembled by Contest Entities (“Contest Judges”) in accordance with the following equally weighted judging criteria (“Judging Criteria”): (a) apparent charisma/confidence, (b) stage presence/poise, (c) voice quality/quality of communication skills, (d) personality/enthusiasm, (e) ability to be a brand spokesperson for Parrott Group Ashley Furniture; (f) potential audience appeal/ability to engage an audience, (g) entertainment value, (h) photogenic quality and (i) overall impression. Generally, Contest Judges will be looking for enthusiasm, personality and originality and the top candidates will be energetic, fun-to-watch spokespeople who can effectively represent Parrott Group Ashley Furniture.
32.Subject to verification of eligibility, the five (5) Submissions from each Contest Site that receive the highest overall score during the Finalist Judging will be declared Finalists, for a total of fifteen (15) Finalists. In the event of a tie, the highest “overall impression” score will be used to break the tie. Contest Judges’ decisions shall be considered final and binding in all respects.
PHASE THREE – GRAND PRIZE WINNER JUDGING
33.The Submissions of the Finalists will be submitted to a qualified panel of seven (7) Contest Judges assembled by Parrott Group Ashley Furniture and consisting of five (5) representatives of Parrott Group Ashley Furniture and two (2) advertising agency representatives, who will select the Winner based on the previously described Judging Criteria. Subject to verification of eligibility, the Submission that receives the highest overall score during the Finalist Judging will be declared the Grand Prize Winner. In the event of a tie, the highest “overall impression” score will be used to break the tie. Contest Judges’ decisions shall be considered final and binding in all respects.
34.Contest Entities will announce the name of the Winner on or about 1/31/11.
35.The provision of your Submission to the Contest Judges for the Finalist Judging or the Grand Prize Judging does not constitute an acknowledgement or determination by Contest Entities that your Submission satisfies these Official Rules, including the Submission Requirements, or that you are otherwise eligible. Contest Entities reserve the right, at any point during this Contest, to refuse to submit to the Contest Judges, or to withdraw from the Contest Judges' consideration, any Submissions that Contest Entities determine, at any time and in their sole discretion, do not satisfy all requirements of these Official Rules.
WINNER NOTIFICATION/BACKGROUND CHECK
36.WCBD will contact all potential Winners in accordance with the information supplied to Contest Entities on the Winner’s’ Entry Forms. Winner will be asked to provide WCBD with valid identification and execute an affidavit of eligibility or declaration and, where legal, a publicity release, and return these documents to WCBD within ten (10) days from receipt of such materials, or such other time frame as is specified by WCBD, or such potential winner may be disqualified. . Faxes will not be accepted. Prize will be awarded in the name of Entrant, subject to applicable laws. Winner may also be required to sign other legal documents, including tax forms and a release supplied by WCBD that, among other disclaimers, releases Contest Entities and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Contest and the receipt and use of the prize.
37.As a condition of being permitted to act as a spokesperson for Parrott Group Ashley Furniture, Winner will be required to execute a standard Talent Contract. Potential winner must agree to a criminal background check by Parrott Group Ashley Furniture at its option and may be disqualified if the background check reveals anything that could bring Parrott Group Ashley Furniture into disrepute due to winner’s association with Parrott Group Ashley Furniture, as determined by Parrott Group Ashley Furniture in its sole discretion.
38.Upon verification of eligibility, and at Contest Entities’ discretion, the name of the Winner may be posted on the Contest Sites at www.counton2.com and/or www.wpde.com and/or www.wsav.com and the Contest Entities’ websites.
39.In the event that any potential Winner (a) fails to satisfy any eligibility or verification requirement herein, (b) declines to accept the prize, (c) or is otherwise determined to be ineligible, Contest Entities may in their discretion disqualify that individual and an alternate Winner will be chosen from the remaining Submissions using the same selection method and Judging Criteria set forth above as soon as reasonably practicable after initial Winner is determined to be ineligible. Alternate Winners are subject to all eligibility requirements and restrictions of these Official Rules.
PUBLICITY RELEASE/COPYLIGHT LICENSE
40.By accepting a prize, where permitted by law, each Winner grants to Media General Operations, Inc. d/b/a WCBD TV2 and WSAV-TV, Ashley HomeStores, Ltd., Barrington Broadcasting Group LLC d/b/a WPDE Newschannel 15, and those acting pursuant to the authority of such entities (and agrees to confirm that grant in writing), the right to print, publish, broadcast, and use for the purposes of this or similar contest only, worldwide in any media now known or hereafter developed—including, but not limited to, the World Wide Web—at any time(s), their name, picture, likeness, and information, as news or information and for art, trade, and/or promotional purposes without additional compensation or review.
41.By accepting a prize, the Winner further agrees that Media General Operations, Inc. d/b/a WCBD TV2 and WSAV-TV, Ashley HomeStores, Ltd., Barrington Broadcasting Group LLC d/b/a WPDE Newschannel 15 shall own all parts of the Submission (including the copyright and all rights embodied therein) and that they and their designees may exploit, edit, modify, and distribute the Submission and all elements thereof, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party. Contest Entities are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, in Contest Entities’ sole discretion, without further obligation or compensation.
42.By entering, you grant an unrestricted, irrevocable, exclusive license to Contest Entities, their affiliates, partners and designees, and their respective agents and agencies, to publish, use, adapt, edit and/or modify your Submission in any way, in any and all media worldwide, without limitation and without further compensation. By entering, you also agree that that your name, address (city/state) and Submission may be posted on the Contest Websites. You also agree that you will not use your Submission for any purposes other than in connection with this Contest or for personal use.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
43.Entrants agree that Contest Entities and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (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 Submissions that for any reason are not received by Contest Entities by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the announcement of the prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or in the Finalist Judging, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest, including without limitation, the Entry process, or the Finalist Judging process; (e) are not responsible for any unauthorized use of any Submission by third parties; (f) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the Winner, the prize or otherwise in any Contest-related materials; (g) are not responsible for any unauthorized third party use of any Submission of part thereof; (h) are not responsible for the inability to select the Winner because of postal failure, equipment failure, or data storage failure; and (i) are released 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, arising in whole or in part directly or indirectly, from participating in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of all or any part of the Submission during or after the Contest, and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize.
44.CONTEST ENTITIES AND THEIR SUBSIDIARIES, AFFILIATES, AGENTS, DISTRIBUTORS, RETAILERS, AND ALL OF THEIR RESPECTIVE ADVERTISING AND PROMOTIONAL AGENCIES, REPRESENTATIVES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY, THE "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 THE 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 CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
45.BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY SUBMISSION, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
46.SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
MISCELLANEOUS
47.All federal, state and local laws apply. Contest Entities shall be entitled to interpret these rules as needed — including but not limited to rules regarding Submissions, selection of the Winner, deadlines, restrictions on prizes, and eligibility — and all of their decisions are final, binding and without appeal, in all matters related to this Contest. By entering, Entrants agree to these Official Rules.
48.Contest Entities reserve the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by Contest Entities in their sole discretion, at which time, Contest Entities will determine the Winner from among all non-suspect eligible Entries received at the time of the Contest termination using the same selection method and Judging Criteria.
49.Contest Entities reserve the right to prohibit any Entrant from participating in the Contest if, at Contest Entities’ sole discretion, Contest Entities find such Entrant to be colluding to unfair affect the outcome of the Contest, or to be tampering with the Entry process, or the operation of the Contest in any other way, or if such Entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner Contest Entities determine to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or any of the Contest Entities; or (c) in any other disruptive manner. Tampering includes attempting to enter more than the number times permitted by these Official Rules or by using an automated device for online entries. Any person attempting to defraud or tamper with any part of this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by the Contest Entities to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
50.All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Contest Entities concerning verification and/or auditing. All references to an Entrant's status as a "winner" are subject to verification and/or auditing by Contest Entities. If verification activity or an audit evidences non-compliance of a Submission or Entrant with the Official Rules as determined by Contest Entities in their sole discretion, Contest Entities reserve the right to disqualify the Entrant and remove the Submission from the Contest at any time.
51.Contest Entities reserve the right to correct typographical, printing or clerical errors in any Contest-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, Contest Entities reserve the right to award only the stated number of prizes by selecting the Winner from all legitimate, un-awarded, eligible prize claims in accordance with the previously announced selection Judging Criteria.
DISPUTES
52.By entering the Contest, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest or any prizes 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 and/or participating in the Contest but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby waives 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 for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
53.By entering the Contest, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the Entrants and Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of South Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of South Carolina. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of South Carolina, County of Charleston, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision 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.
WINNER’S LIST/OFFICIAL RULES COPY
54.For a copy of the Official Rules or the name of the Winner, stop by any Parrott Group Ashley Furniture location, visit www.counton2.com or www.wpde.com or www.wsav.com or mail a self-addressed stamped envelope to: “Ashley Furniture Talent Search Contest” c/o Media General Operations, Inc. d/b/a WCBD TV2, 210 W. Coleman Blvd., Mt. Pleasant, SC 29464, specifying either “Winner’s List Request” or “Official Rules Request.” Winner’s name will be available after February 28, 2011.
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