Official Rules
November 26, 2012 to December 14 ,2012
CONTEST ENTRY PERIOD: The Be A Hero…Share the Warmth essay contest ("Contest") begins on November 26, 2012 at 4 A.M. Central Standard Time and ends on December 14, 2012 at 11:59 P.M. Central Standard Time ("Essay Entry Period").
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. Entering your essay constitutes your acceptance of these Official Rules. Essay contest is subject to all applicable federal, state and local laws.
SPONSORS: LBA and Wilks Broadcasting Group shall be the sponsors of the Essay Submission and shall be referred to herein collectively as “Sponsors.”
PRIZE: There will be five (5) prizes (“Prize”) awarded consisting of one of the following,
- Plumbing services
- Heating services
- Air conditioning services
- Electrical services
ELIGIBILITY: Entry is open only to permanent, legal United States (“U.S.”) residents who are physically residing in one of the following metro area counties: Johnson County, Kansas, Wyandotte County, Kansas, Leavenworth County, Kansas, Jackson County, Missouri, Platte County, Missouri, Clay County, Missouri, who are eighteen (18) years of age or older and who are homeowners. Employees of LBA, Wilks Broadcasting Group, their respective advertising and promotion agencies, and members of their immediate families (spouses, parents, children, siblings and their spouses) and members of the households of any of the above (whether or not related) are not eligible to enter an essay into the contest.
Entrants must also be of good moral character. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs, or alcohol). Entrants must have nothing in their background that would be an embarrassment to Sponsors, and at Sponsors’ request, each Entrant must be willing to sign a Publicity Release and an Affidavit of Eligibility attesting that such Entrant meets all of the eligibility requirements outlined above. Sponsors reserve the right to disqualify Entrants who fail to meet any of the eligibility requirements outlined above or for any other reason, in Sponsors’ sole discretion.
HOW TO ENTER: To enter online, go to www.KFKF.com (the “Website”) during the Essay Entry Period and click on the LBA Be A Hero icon. Then, follow the provided instructions to complete and thereafter submit the online entry form, which includes your name, address (including hometown), telephone numbers (daytime and evening), email address, and birth date (“Entry Information”). As part of your Entry (defined below), you will also be required to submit an original essay (“Essay”) prepared by you that answers the question: How can LBA to Be A Hero and Share the Warmth? LBA is reaching out to the community to find those people in need of services they can provide. You may nominate yourself to receive the LBA services or you may nominate someone you know. Please verify that if the nominee is not you directly, the person nominated is in compliance with the essay rules. The services to be provided by LBA may include heating, air conditioning, electrical or plumbing, depending on the request submitted in the essay and limited by the Estimated Retail Value .
The submitted Essay must be your original work (that is created by you), in the English language, and approximately three hundred (300) words, or less. The Essay and the Entry Information, shall be collectively referred to herein as the “Entry.” All online Entries must be submitted by December 14, 2012 at 11:59 P.M. Central Standard Time.
To enter by mail, send your name, address (including hometown), telephone numbers (daytime and evening), email address, and birth date (“Entry Information”), and your original essay
to: Wilks Broadcasting, LBA Be A Hero contest, 508 Westport Rd., Kansas City, MO 64111. Mail entries must be postmarked by December 14, 2012 and received by December 18, 2011. The method of entry does not affect the opportunity to win. Sponsors are not responsible for incomplete, illegible, damaged, incorrectly addressed, late, lost, stolen, misdirected, postage due and oversized mail entries, which will be void and will not be returned.
Limit one (1) Essay entry per person for the duration of the Essay Entry Period, regardless of method of entry. All Essays become the property of Sponsors and will not be acknowledged or returned. The same person may not submit multiple Essays. Multiple Essays received from any single person will void all such additional essays and only the first eligible Essay received from such person will be eligible for consideration. Your Essay must be original, truthful, unpublished, and created solely by the submitting Entrant. In case of a dispute over the identity of an Entrant who submitted a potentially winning Entry, Sponsors reserve the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry.
By entering, you agree that you created the Essay and that you have any required permissions to submit your Entry to the Contest subject to the terms of these Official Rules. There must not be any inappropriate or offensive materials in the Entry. Entries that are incomplete, illegible, garbled, late, damaged, or corrupted are void and will not be accepted. By entering, you agree that the Essay and any other portion of the Essay, may be published by Sponsors and used in promotions and advertisements for Sponsors.
By entering the Essay contest, Entrant grants Sponsors the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit any portion of the Essay and to incorporate such in other works in any and all markets and media now or hereafter known worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that Sponsors’ reproduction, publishing, displaying, and/or other use of their Essay, or any portions thereof will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract (the "Warranty"). Each Entrant agrees to hold harmless and indemnify Sponsors from any and all liability resulting or arising from Entrant's breach of such Warranty.
Any Essay containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, will be rejected as ineligible for consideration. Essays must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit, or otherwise exploit any portion of the Entry Essay.
SELECTION AND NOTIFICATION OF THE 5 PRIZE WINNERS:
Selection of Finalists.
The Wilks Broadcasting Group judges, at their sole discretion, will determine which Entrants and essays will be selected for the final judging.
Selection of 5 Prize Winners: On or about December 18, 2012, following the Selection of Finalists, and continuing through December 19, at 11:59 P.M. Central Standard Time, the Essay of each Finalist will be read and judged. Sponsors expressly reserve the right to post on the Website a shorter version, selected and/or edited by Sponsors in their sole discretion, of the Essays submitted. Essays submitted will have no right of review, notice, or approval of the content in the Essay posted on the Website. Selected essays will be announced on or about December 19, 2012 and awarded the selected service. The potential Essay winner must agree to complete fulfillment of the services on or before June 30, 2013. If potential Essay Winners cannot use the Prize specified by Sponsors, Essay Winners will be disqualified and another Essay Winner will be selected. Essay Winners will be required as a condition of continued eligibility to complete and sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Essay Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Essay Winners cannot be reached or if he or she is found ineligible, if he or she cannot or does not comply with the foregoing requirements and these Official Rules, if his or her prize or prize notification is returned as undeliverable, or if he or she does not satisfactorily execute all of the Essay Documents, potential Essay Winners will be disqualified and Sponsors will award the selected services to another essay submission to be determined by Wilks Broadcasting Group judges.
The decisions of the Sponsors are final and binding. Essay Entrants agree that Sponsors may record and broadcast Sponsors advising he/she that he/she has been selected as an Essay Winner at Sponsors’ sole discretion. Sponsors reserve the right to make public personal information about the Essay Winners on-air, prior to, during, or following the Essay contest.
Each Selected Essay Winning entrant will receive an IRS Form 1099 from Sponsors for the total Actual Retail Value ("ARV") of Prize for the calendar year in which such Prize was awarded. Any differences between stated ERV and ARV will not be awarded. Sponsors will determine all details of the Prize in their sole discretion, including but not limited to the date the Prize fulfillment will be received by the Prize Winner. Sponsors reserve the right to substitute the service (or any element of the service) of comparable or greater value for any reason at Sponsors’ sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of a Prize are the sole responsibility of Selected Essay Winner. All other expenses, costs, fees or additional tax associated with the acceptance and/or use of Prize are the sole responsibility of Essay Winner. Services cannot be transferred by Essay Winner or redeemed for cash and are valid only for the items as detailed in essay and detailed as Services Selected by Sponsors, with no substitution of services by Essay Winner. Essay Winner acknowledges that accepting any portion of the Services shall constitute full satisfaction of Sponsors’ obligation to Essay Winner and no additional compensation will be awarded.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Selected Services due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. All elements of Selected Services must be redeemed at the same time. The Essay Winner authorizes Sponsors to take photographs and video recordings of the prize redemption and further authorizes Sponsors to use, sell, publish, modify, distribute, display, and reproduce any such photographs or video recordings without restriction, and without further compensation to the Essay Winner. The Essay Winner agrees that Sponsors shall have the unlimited right to reproduce, use, publish, distribute, license, sell and exploit any such photographs or video recordings and to alter, modify or rearrange them in any manner and for any purpose whatsoever.
ODDS: The odds of winning are 5 out of the total number of essays received.
CONDITIONS: By entering an Essay, each Entrant agrees for Entrant and for Entrant’s heirs, executors and administrators (a) to release and hold harmless Sponsors, their advertisers, their promoters, and their parents, subsidiaries, affiliates, 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 Essay Contest and/or his/her acceptance, possession, use, or misuse of the Selected Services, or any portion; (b) to indemnify Released Parties from any and all liability resulting or arising from the Essay 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 any prize, including express warranties provided exclusively by the service supplier that are sent along with the selected service; (c) if selected as a Essay Winner, to the posting of such Entrant’s name on the Website and the use by Released Parties of such names, voices, images, and/or likenesses in any and all media now or hereafter known 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 Essay Contest itself, and to be bound by all actions of Sponsors, whose decisions are final and binding. Failure to comply with these conditions may result in disqualification from the Essay Contest.
ADDITIONAL TERMS: These Official Rules and the Essay Contest itself are neither a contract nor an application for employment. Sponsors reserve the right to terminate the Essay Contest or permanently disqualify from any promotion any person they believe has violated these Official Rules. Any attempt to deliberately damage the Essay 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. Sponsors reserve the right to cancel, suspend or modify the Essay 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 5 Essay Winners, as applicable, and award any remaining prizes in their sole discretion from among all eligible, non-suspect Essay Entries received prior to the time of the event warranting such cancellation, modification or suspension based on the sole discretion of the Sponsors. Notice of such cancellation, modification or suspension will be posted on the Website. Sponsors may prohibit any Essay Entrant or potential Essay Entrant from participating in the Essay 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 Essay Entrant, Sponsors, or agents or representatives of Sponsors; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). 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 (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 Essay Entrants or to any other person’s computers 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 publicity, promotional, advertising 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, returned, or corrupted.
DISPUTES: THE ESSAY CONTEST IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MISSOURI, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN KANSAS CITY, MISSOURI. 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 JAMS 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 MISSOURI. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF JACKSON. 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 SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Essay Winners, available after December 28, 2012, visit the Website.
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