KS65 Amateur Pumpkin Carving Contest at Halloween Havoc at Nickelodeon Universe

Transcription

1 KS65 Amateur Pumpkin Carving Contest at Halloween Havoc at Nickelodeon Universe Official Rules NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES. 1. Eligibility - The KS95 Amateur Pumpkin Carving Contest at Halloween Havoc at Nickelodeon Universe (the "Contest") is open to listeners who are 21 years or older and residents Wisconsin, Minnesota and reside within 150 mile radius of the KS95 Studios located at 3415 University Avenue, St. Paul, MN who are NOT professional carvers. Employees of KSTP-FM, LLC ( Sponsor ), Nickelodeon Universe, the Mall of America (collectively, Promotional Participants ), Hubbard Radio, LLC, or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest (collectively with Sponsor, the "Released Parties ) and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Contest Period - The Contest begins at 5:30:00 AM Central Time ( CT ) on October 3, 2016, and ends at 11:59:59 PM CT on October 16, 2016 (the "Contest Period"). 3. How to Enter To enter, create your KS95 pumpkin carving masterpiece and then take a photo of your creation (hereinafter, your Photo ). Then, visit ( Website ) during the Contest Period, keyword Pumpkin to find the Contest page to find and complete the online entry form by providing your complete name, city, date of birth, daytime telephone number, and address, and upload your Photo. Sponsor is not responsible for problems submitting the entry or for technical or atmospheric conditions that disrupt the completion of the entry, or any other problems which might or might not result from this Contest. Entries may be submitted by amateur carvers ONLY; Photos must be taken by the person submitting the Photo and by the person who did the carving; There is no limit on the number of entries/photos any one individual can submit, but limit of one (1) Photo per entry form, submitting more than one Photo entry per entry form, or submitting an entry form without uploading a Photo, will disqualify such entrant, at Sponsor s sole discretion. Sponsor is not responsible for lost, late, incomplete, invalid or misdirected entries, which may be disqualified at Sponsor s sole discretion. Any attempt to enter via any other method may disqualify that participant from winning any prize, at the sole discretion of Sponsor. All entries must be received by 11:59:59 PM CT on October 16, 2016 to be eligible. In the event not enough qualified and eligible entries are received during the Contest Period, Sponsor shall have the right, in Sponsor s sole discretion, to cancel the Contest and not move forward with the Event (defined below) and not award a prize. Photos submitted must be entrant s original creative product/carving, and must not infringe on any third party s intellectual property or privacy rights. By entering, you hereby grant to Sponsor the perpetual, unlimited, non-exclusive, worldwide and irrevocable right to modify, create derivative works of, edit, post, publish, distribute or otherwise use the Photo in any manner and in any medium now known or hereafter developed in perpetuity, without further compensation, notification, or permission. 4. How qualifiers are determined On or about October 17, 2016, the Sponsor s management team, in their sole discretion, will select five (5) qualifying Photos to become Qualifiers who will move on to the final Event (defined below), from among all eligible Photos received during the Contest Period, by using the following judging criteria and percentages: (1) Creativity/originality of carving (49%); and

2 the artistic ability (51%) (collectively, the Qualifier Judging Criteria ). The Photos/entries with the five (5) highest percentages using the preceding judging criteria from among all eligible Photos/entries received during the entire Contest Period will be deemed the Qualifiers and will be eligible to receive a Qualifier Prize and participate in the Event (defined below). Qualifiers will be notified by telephone and/or . Each potential Qualifier must confirm with Sponsor that he/she will be able to attend the Event (defined below) as a condition of being named a Qualifier. In the event any potential Qualifier cannot confirm they will attend the Event, he/she will be disqualified, and the next Photo/entry that scored the next highest percentage using the Qualifier Judging Criteria set forth above will be deemed the alternate Qualifier. In the event of a tie, the Qualifier will be deemed the entrant whose Photo/entry received the highest percentage in the artistic ability Qualifier Judging Criteria from among all tying Photos/entries. Sponsor reserves the right to select fewer than five (5) Qualifiers in the even that there are not enough sufficient Photos/entries received during the Contest Period. In the event here are less than three (3) Qualifiers, Sponsor reserves the right in its sole discretion to cancel the Contest and not move forward with the Event (defined below), and not award a prize. 5. Finalist Event Then, on Saturday, October 22, 2016, each of the five (5) Qualifiers chosen will take part in a KS95 Pumpkin Carving Contest at Halloween Havoc at Nickelodeon Universe (the Event ). Each Qualifier must check in no later than noon (12:00 PM) CT at the Event at Nickelodeon Universe Mall of America, West Market Square, in order to participate in the Event and will be required to show photo identification (e.g., a driver s license, passport, etc.) acceptable to Sponsor to prove he/she is the Qualifier. Upon check-in, each Qualifier will also receive his/her Qualifier Prize. In the event any Qualifier shows up to check in after noon (12:00 PM) CT on October 22, 2016 for the Event, he/she will be disqualified at Sponsor s sole discretion and will not be able to participate in the Event, but will still be eligible to receive the Qualifier Prize if he/she checks in before the end of the Event. Any potential Qualifier who fails to check in or show up at the Event will not receive a Qualifier Prize, and any unclaimed Qualifier Prizes remain the sole property of Promotional Participant. Each Qualifier who successfully checks in at the Event (as explained above) will have one (1) hour, beginning at 1:00:00 PM CT and ending at 2:00:00 PM CT, to carve another pumpkin (each, a Finalist Pumpkin ). Pumpkins and carving tools will be provided at the Event. Qualifiers Carvers cannot use a template, carving must be done by freehand and the design can be of anything (does not have to be KS95-related). Each Qualifier can have the assistance of one other person to assist with their carving but the assistant will not be eligible to win a Prize. At or about 2:05:00 PM CT on October 22 nd at the Event, each Finalist Pumpkin will then be judged by a Sponsor-specified panel of judges comprised of professors from MCAD who will use the following judging criteria: creativity/originality (33.4%), artist s ability (33.3%), and use of all pumpkin parts in the Finalist Pumpkin (33.3%) (collectively, Final Judging Criteria ). The Grand Prize winner will be deemed the Qualifier whose Finalist Pumpkin received the highest overall percentage using the Finalist Judging Criteria from among all Finalist Pumpkins participating in the Event, and he/she will win the Grand Prize. In the event of a tie, the Grand Prize winner will be the Qualifier whose Finalist Pumpkin received the highest percentage in the creativity/originality Judging Criteria will be deemed the Grand Prize winner from among all tying Qualifiers. In the event here are less than three (3) Qualifiers that check in before the Event, Sponsor reserves the right, in its sole discretion, to cancel the Finalist Pumpkin carving portion of the Contest, and not award the Grand Prize. 6. Prizes and Approximate Retail Values ( ARV s ) One (1) Grand Prize A Gourmet Inclusive 5-night luxury resort vacation for a family of four (4) at Nickelodeon Hotels & Resorts Punta Cana, Dominican Republic, including: coach airfare for four (4) people from Minneapolis to Punta Cana, DR; 5-night stay in the Mall of America Flat Suite at the Resort that includes gourmet cuisine, premium drinks, personalized service, and playful luxuries; and transfers to/from Punta Cana airport in DR for four (4). ARV: $6, All other expenses (including, without limitation, ground transportation other than listed above, personal expenses (optional excursions, spa treatments, souvenirs), telephone charges, meals and beverages not covered in the Gourmet Inclusive plan, and all federal, state and local taxes (including applicable income taxes)) and fees incurred are the winner s/guest s -2-

3 sole responsibility. The winner will be responsible for applicable taxes and fees. Trip is subject to availability; restrictions and blackout dates apply, not valid over United States Thanksgiving, Christmas or New Year s. Winner and his/her guests must travel on the same itinerary. Trip must be taken by October 22, 2017, or will be forfeited. Trip is non-transferable, non-refundable and cannot be exchanged for cash. The winner must be at least 21 years old and each traveler must have a legal US passport to redeem the prize and/or be a guest. Additional air carrier baggage charges are the responsibility of the traveling passenger. Any optional service fees including seat selection, meals, and drinks are not included and are the responsibility of the traveling passenger. If the winner and his/her guest misses the initial flight as scheduled to Punta Cana, the winner will forfeit the prize. If the winner and/or his/her guest are not present for the designated return flight, he/she is solely responsible for his/her return to Minnesota. IMPORTANT NOTICE REGARDING NEW PASSPORT REQUIREMENTS FOR INTERNATIONAL TRAVEL: As of January 23, 2007, all international travelers must present a government issued passport for U.S. Customs re-entry after air, land or sea ravel. For more information, please visit the State Departments consular website at or the U.S. Department of Homeland Security's website at It is the traveler's responsibility to provide proper documentation. Married or divorced women traveling under names other than what is printed on their travel documents must supply a marriage license and/or divorce decree. Five (5) Qualifier Prizes A Family 4-Pack of Tickets to Nickelodeon Universe at Mall of America. ARV: $ Tickets are subject to the terms, conditions and restrictions as printed on the tickets. Tickets may not be sold or bartered to any third party, including on third party sites like ebay, Craigslist, or similar sights. The prize is non-assignable and non-transferable. Sponsor reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, for any reason. Prize consists of only those items specifically listed as part of the Prize. The winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules. Winner is responsible for paying all applicable income taxes associated with accepting their Prize. Grand Prize winner and guests (or guest s parent/legal guardian if guest is deemed a minor in the state of his/her residence) will be required to sign a liability and/or publicity release, and a W9 ( Prize Release ) prior to issuance of a prize. A 1099 form will be submitted to all appropriate taxing authorities for the Grand Prize. 7. Claiming the Grand Prize The Grand Prize winner must claim his/her prize in person at KSTP-FM, 3415 University Avenue, St. Paul, Minnesota 55114, during normal business hours (Monday-Friday, 9:00 a.m. to 5:00 p.m.) within ten (10) business days of the day he or she wins to verify that he/she is the qualified winner and sign the Prize Release documents defined in Official Rule #6 above. Failure to comply with this deadline shall be deemed to be the winner s forfeiture of his or her right to claim the grand prize. The Grand Prize winner may be required to present identification acceptable to KS95 as a condition of claiming the Grand Prize (e.g., state driver s license; state issued identification card; valid passport with address verification; or birth certificate with social security card and photo identification and address verification). If the Grand Prize winner fails to sign the Prize Release documents, and/or cannot show identification as set forth above, he/she will forfeit his/her right to claim the Grand Prize. All unclaimed prizes remain the property of KS95. The Grand Prize will not be issued to winners unless a social security number is presented. 8. Participation Conditions/Release/Consent to use Likeness - By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney s fees) -3-

4 arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation. 9. General Conditions - Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or manmade epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 10. Limitations of Liability - The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) unauthorized human intervention in any part of the participation process or the Contest; (3) technical or human error which may occur in the administration of the Contest or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any Prize. 1. Privacy Policies and Data Collection: Information provided by you for this Contest on the entry form is subject to Sponsor s privacy policy located at: By entering this Contest, each entrant agrees that the Sponsor has the right to contact the entrant by phone, direct message, or accounts provided on the entry form to administer and fulfill this Contest. 2. Disputes/Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of Minnesota; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' or legal fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with this Contest shall be governed by, and construed in accordance with, the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules (whether of State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota. -4-

5 3. Official Rules/Winner s List: For a copy of these official rules or names of Prize winners, send a hand-printed, self-addressed, stamped envelope by November 5, 2016 to: Official Rules/Winner s List (designate which), KS95 Amateur Pumpkin Carving Contest at Halloween Havoc at Nickelodeon Universe, 3415 University Ave, St. Paul, MN Sponsor: KSTP-FM, LLC and its station KS95, 3415 University Ave, St. Paul, MN