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NEWS 2'S TOUCHDOWN THROWDOWN CONTEST OFFICIAL RULES
1. NO PURCHASE IS NECESSARY TO ENTER OR WIN.
2. The News 2's Touch Throwdown Game ("the Game") is sponsored by Media General Operations, Inc. d/b/a WCBD-TV News 2 ("WCBD") and Crew's Chevrolet and the Charleston-area McDonald's restaurants (collectively referred to as "Sponsors"). The geographic scope of this game is the state of South Carolina.
3. Game 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 person per Weekly Game. Limit one (1) prize per household. "Household" includes all persons residing together in a single residence, whether or not related.
4. Game begins on August 29, 2011 and ends on November 14, 2011 ("Promotion Period"). Final entry deadline is November 9, 2011 at 11:59 p.m. Eastern Time ("ET"). Drawings to select Weekly Contestants will be held on or about each Monday during the Promotion Period. Weekly Winners will be determined each week on or about Monday during the Promotion Period. WCBD's computer is the official time-keeping device for this Game promotion.
ELIGIBILITY
5. All entrants must be eighteen (18) years old and legal residents of the state of South Carolina at the time of entry.
6. Employees of Media General Operations, Inc. d/b/a WCBD-TV News 2, Crew's Chevrolet and any Charleston-area McDonald's restaurant and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win.
WEEKLY PRIZES
7. Weekly Prizes (13): Prize pack consisting of a gift certificate redeemable for a Family Meal Pack at participating area McDonald's restaurants, a gift certificate redeemable for one (1) oil change and tire rotation at Crew's Chevrolet, 8199 Rivers Ave., North Charleston, SC 29406, and a one hundred dollar ($100.00) Kangaroo Express Gift Card redeemable at participating area Kangaroo Stores. Approximate Retail Value: $184.95.
8. The odds of be selected as a Contestant depend on the number of entries received for the relevant Weekly Game.
PRIZE RESTRICTIONS
9. All details of all prizes shall be at WCBD's sole discretion. Winners assume sole responsibility for all costs associated with the prizes not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), and other fees. Gift card prizes are further subject to limitations of issuing company.
10. Prizes are not redeemable for cash and may not be sold or bartered or auctioned. Prizes may not be transferred or substituted except that WCBD in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
11. Any portion of any prize not used by any winner is forfeit and no cash substitute will be offered or permitted. All prizes being offered are provided "as is" with no warranty or guarantee either express or implied by Sponsors. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsors have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
TO PLAY
12. The Promotion will consist of thirteen (13) Weekly Games. Each Weekly Game consists of two (2) steps:
13. STEP ONE: WATCH WCBD NEWS 2 AT 5 AND WCBD NEWS 2 AT 11: Watch WCBD News 2 at 5 and WCBD News 2 at 11 on Mondays during the Weekly Entry Period. During the WCBD News 2 at 5 and WCBD News 2 at 11, Brendan Clark will announce the eight (8) qualifying match-ups ("Qualifying Match-Ups") whose score predictions will be included in that Weekly Game and his/her predictions ("Predictions") for the winners of each of the Qualifying Match-Ups and the total score ("Total Score Prediction") for the last Qualifying Match-Up for that Weekly Game.
14. STEP TWO: SUBMIT YOUR ENTRY FORM: Entries will be accepted for each Weekly Game beginning on Monday at 5:00 p.m. ET and ending on Wednesday at 11:59 p.m. ET ("Weekly Entry Period"). At the conclusion of each Weekly Entry Period, three (3) names will be randomly selected from all timely entries received for that Weekly Entry Period and to compete against Brendan Clark for a chance to win a Weekly Prize.
15. To enter for a chance to compete against Brendan Clark in a particular Weekly Game, visit http://www.counton2.com during the Weekly Entry Period and complete an Official Entry Form with the following required information: (a) name, (b) address, (c) telephone number, (d) e-mail address, (e) date of birth, (f) your Predictions for the Qualifying Match-Ups for that week, and (g) your Total Score Prediction for that week's last Qualifying Match-Up. No other methods of entry will be permitted and no entries will be accepted other than through the websites.
16. Limit one (1) entry per person and one (1) entry per email address during each Weekly Entry Period. Additional entries received from any such person or email address thereafter will be void. 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 individual.
17. Entrants will see a web page confirming the entry after submission. Entries must include a valid e-mail address for the entrant. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be deemed made by the "Authorized Account Holder" of the e-mail address submitted at time of entry. "Authorized Account Holder" 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.
18. To be eligible to a chance to compete against Brendan Clark for a particular Weekly Game, all entries must be received by WCBD no later than Wednesday at 11:59 p.m. ET. Entrants who fail to provide the required information will not be eligible to compete and will not be notified by WCBD. All Entry Forms become the property of WCBD and will not be returned or acknowledged.
19. The information that you provide in connection with the Game may be used by WCBD in accordance with its Privacy Policy, which is found at http://www.counton2.com and which may be updated from time to time.
DRAWING TO SELECT WEEKLY CONTESTANTS
20. On Monday during each Weekly Game or within a reasonable time thereafter, WCBD or its designee will randomly choose three (3) names from all timely entries received. The three (3) persons whose names are so drawn will be the Contestants for that Weekly Game.
WINNER DETERMINATION
21. WCBD will compare the Predictions made by each Contestant against the Predictions announced by Brendan Clark on Monday. If no Contestant has more correct Predictions than Brendan Clark for that Weekly Game, no Weekly Winner will be declared and no prize will be awarded for that Weekly Game. Only the Contestants who have more accurate Predictions than Brendan Clark will remain eligible for a possible Weekly Prize.
22. Subject to verification of eligibility, the Contestant who has the most accurate Predictions (and more than Brendan Clark) will be declared a Weekly Winner. In the event of a tie between two (2) or more Contestants for a Weekly Prize, the Contestant who with the most accurate Total Point Prediction for the last Qualifying Match-Up will be declared the Weekly Winner. In the event that two (2) Contestants remain tied for the Weekly Prize after considering the Total Point Predictions, each tied Contestant will be declared a Weekly Winner and each tied Contestant will receive a Weekly Prize.
WINNER NOTIFICATION
23. WCBD will contact all potential winners in accordance with the information supplied to WCBD on their Entry Forms. Winners may be verified over the telephone at the time and may be asked to provide WCBD with valid identification and execute an affidavit of eligibility and, where legal, publicity release. Acceptable identification includes a valid driver's license or other valid picture ID showing name and address. Faxes will not be accepted. The winners may also be required to sign other legal documents, including tax forms and a release supplied by WCBD that, among other disclaimers, releases Sponsors 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 Game and the receipt and use of any prize. Upon verification of eligibility, the names of winners may be posted on the WCBD's website at http://www.counton2.com.
24. In the event that any potential winner (a) cannot be contacted directly by WCBD within two (2) days from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, WCBD in its discretion may disqualify that individual and the ext runner-up Contestant (if any) will be declared the alternate winner 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. If WCBD is unable to confirm an eligible winner for a particular prize from the relevant Contestants, no winner will be declared for that prize and that prize will not be awarded.
PUBLICITY RELEASE
25. By accepting a prize, winners agree to award WCBD the right to publicize their names, photographs (including the use and appearance of winner's photograph on WCBD's web page), likenesses, biographical information, e-mail address, voices and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
26. Entrants agree that Media General Operations, Inc. d/b/a WCBD-TV News 2, Crew's Chevrolet and McDonald's, and a range of parents, subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (a) are not responsible for lost, interrupted, or unavailable network, server, or other connections, 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 entries that for any reason are not received by WCBD by the deadlines stated above; (b) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this game or downloading of any software or materials; (c) are released from any and all liability related to this Game and the receipt and use of the prize; and (d) will not be responsible for the inability to select Contestants or Weekly Winners because of postal failure, equipment failure, or data storage failure.
27. MEDIA GENERAL OPERATIONS, INC. D/B/A WCBD-TV NEWS 2, CREW'S CHEVROLET AND MCDONALD'S, AND THEIR RESPECTIVE PARENTS, 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 GAME 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 GAME OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE GAME. 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 GAME, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
28. BY ENTERING THE GAME 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, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE GAME, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
29. 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
30. All federal, state and local laws apply. WCBD shall be entitled to interpret these Official Rules as needed - including but not limited to rules regarding entries, deadlines, selection of Contestants, determination of Weekly Winners, restrictions on Weekly Prizes, and eligibility - and all of its decisions are final. By entering, entrants agree to these Official Rules.
31. WCBD reserves the right to cancel, terminate or suspend this Game or any part of this Game should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Game as determined by WCBD in its sole discretion, at which time, WCBD will select the Contestants and/or Weekly Winners (as applicable) from among all non-suspect entries received at the time of the Game cancellation, termination or suspension in accordance with the previously described selection criteria, or otherwise as WCBD deems fair under the circumstances, as determined by WCBD in its sole discretion.
32. WCBD reserves the right to prohibit any entrant from participating in the Game if, at its sole discretion, WCBD finds such entrant to be tampering with the entry process or the operation of the Game, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner WCBD determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Sponsors; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Game in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than once by using an automated device or by using more than one e-mail address. Any failure by the WCBD 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 GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
33. All activity arising out of and relating to the Game is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with WCBD concerning verification and/or auditing. All references to an entrant's status as a "Contestant" or "Weekly Winner" are subject to verification and/or auditing by WCBD. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by WCBD in its sole discretion, WCBD reserves the right to disqualify the entrant and remove the entry from the Game at any time.
34. WCBD reserves the right to correct typographical or clerical errors in any game-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, WCBD reserves the right to award only the stated number of prizes from all legitimate, un-awarded, eligible prize claims by applying the previously described selection criteria.
DISPUTES
35. By entering the Game, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Game, 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 the Game but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and 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.
36. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, WCBD and any other Sponsors in connection with the Game, 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 Game 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 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.
WINNERS' LIST/OFFICIAL RULES COPY
37. For a copy of the Official Rules or the final Winners' List, visit http://www.counton2.com or mail a SASE to: News 2's Touch Throwdown c/o WCBD, 210 West Coleman Blvd., Mt. Pleasant, SC 29464, specifying either "Winners' List Request" or "Official Rules Request." Winners' List will be available after December 14, 2011.
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