A Vacation to Minnesota Is… Contest!!
Official Rules
June 9, 2009-June 28,2009
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void outside the WMAQ terrestrial geographic viewing area and where prohibited. A Vacation to Minnesota Is… Contest (“Contest”) will begin on June 9, 2009 at 11:00 A.M. CT and end on June 28, 2009 at 11:59 P.M. CT (“Contest Period”). All times in the Contest refer to Central Time (“CT”). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are twenty-one (21) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include WMAQ, 454 N. Columbus Drive, Chicago, IL 60611, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, and Explore Minnesota Tourism, 121 7th Place E, Metro Square, Suite 1100, St. Paul, MN 55101 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: To enter the Contest, during the Contest Period access the WMAQ website at www.nbcchicago.com and search for the keywords “Explore Minnesota.” Click on the Contest icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (“Entry”). As part of the Entry, you will also be required to submit a statement of one hundred sixty (160) characters or less that completes the phrase “A vacation to Minnesota is…” (“Statement”). Statement must be original (that is written by you) and written in the English languageAll Entries become the property of WMAQ 454 N. Columbus Drive, Chicago, IL 60611 Explore Minnesota Tourism, 121 7th Place E Metro Square, Suite 1100 St. Paul, MN 55101. Sponsors and will not be acknowledged or returned. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Statement and to incorporate the Statement in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Statements will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Statements contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statements (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Statements.
Entries must be received before 11:59 P.M. CT on June 28, 2009 to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter only once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning Entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
PRIVACY: Entrants will have the opportunity to receive information from WMAQ and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from WMAQ or our partners, please go to our privacy policy, located at www.nbcchicago.com/privacy, or the applicable partner’s privacy policy, and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: On or about July 5, 2009, a panel of qualified judges designated by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select one (1) potential winner based on the following judging criteria measured on a 100-point scale: creativity/originality of the Statement (fifty (50) points), clarity of the Statement (thirty (30) points), and the grammar and spelling contained within the Statement (twenty (20) points). Sponsors reserve the right to extend the Contest Period or cancel the Contest, if they do not receive a sufficient number of eligible and qualified Entries as determined by Sponsors in their sole discretion. In the event of a tie, an additional “tie-breaking” judge will determine the potential winner from such tied Entries using the judging criteria outlined above. Sponsors’ and Judges’ decisions are final and binding on all matters relating to this Contest. The potential winner shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
Sponsors will make one (1) attempt to notify potential winners at the phone number submitted at the time of entry. Potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and at Sponsors’ sole discretion, the applicable prize may be awarded to the runner-up with the next highest score based on the judging criteria above. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified, and time permitting, at Sponsors’ sole discretion, the applicable prize may be awarded to the runner-up with the next highest score based on the judging criteria above.
PRIZE: There will be one (1) prize awarded (“Prize”), consisting of a trip for winner (“Winner”) and three (3) guests (each a “Guest”) to Minnesota (“Trip”). Trip includes coach-class, round trip air transportation for four on Southwest Airlines from Chicago Midway Airport to Minneapolis – St. Paul International Airport; standard hotel accommodations (two (2) rooms/double occupancy) for two (2) nights at the Radisson Plaza Minneapolis, including two fifty-dollar ($50) dining certificates redeemable at the FireLake Grillhouse; standard hotel accommodations (two (2) rooms/double occupancy) for four (4) nights at Madden’s on Gull Lake Resort, including breakfasts and dinners and golf for four (4) on Madden’s Pine Beach East and West; and one (1) _________rental car. Estimated Retail Value (“ERV”) of Prize is four thousand eight hundred eighty-one dollars ($4,881). ERV of Prize varies due to fare fluctuation for the Trip. Any differences between stated ERV and actual ERV will not be awarded. Winner will receive an IRS Form 1099 from Sponsors for the total ERV of Prize for the calendar year in which Prize was won. All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value for any reason at their sole discretion. If a Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Additional restrictions may apply. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries based on the judging criteria above at Sponsors’ sole discretion. Airline and hotel reservations are subject to availability. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension, or substitution of Trip dates is permitted, except by Sponsors in their sole discretion. Winner and Guests must travel together on the same itinerary. Except as indicated above, no other travel elements (including, without limitation, travel to and from Chicago Midway Airport, insurance, gasoline, gratuities, souvenirs, etc.) are included in Prize. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on the airline(s) chosen by Sponsors in their sole discretion. Tickets will be issued only to Winner and Guest. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Winner and Guests must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Sponsors have no responsibility for alterations to any travel plans caused by airline delays or for any act, omission or event. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Winner and Guests specifically release Sponsors from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restaurateurs, transportation providers, medical personnel or other providers of services or facilities. If a Winner chooses to take the Trip with fewer than three (3), or no, Guests, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release (collectively, the “Guest Documents”), which must be returned with the Contest Documents, or Prize will be forfeited and, time permitting, an alternate potential winner may be selected from the remaining eligible entries based on the judging criteria above at Sponsors’ sole discretion. If any Guest is a minor, Winner, or one of the other Guests, must be such minor’s parent or legal guardian and must complete and return the Guest Documents on behalf of such minor Guest.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.nbcchicago.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner, as applicable, from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the judging criteria above. Notice of such cancellation, modification, or suspension will be posted at nbcchicago.com. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the winner, available after July 9, 2009, visit www.nbcchicago.com, or send a self-addressed, stamped envelope to be received by August 14, 2009 to: A Vacation to Minnesota Is… Contest, Ashley Ganski, NBC 5 Chicago Marketing Department, 454 N. Columbus Drive, Chicago, IL 60611.
