2018 Blake’s LotaBurger’s “Lota Love for Tucson” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The 2018 Blake’s LotaBurger’s “Lota Love for Tucson” Sweepstakes (“Sweepstakes”) begins on July 3, 2018 at 12:01 PM Mountain Time (“MT”) and ends on December 30, 2018 at 11:59 PM MT (“Promotion Period”). The Promotion Period will be divided into 26 weekly periods (each, an “Entry Period”). The first Entry Period will begin on July 3, 2018 at 12:01 PM MT and end at 11:59 PM MT on July 8, 2018. The following 25 Entry Periods will each begin at 12:01 AM MT on the Monday of each week and end at 11:59 PM MT on Sunday of that week. The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Sweepstakes. All times mentioned in these Official Rules are Mountain Time unless expressly noted otherwise. To participate, a nominator (“Entrant”) will submit a nomination (“Nomination”) nominating a business (“Nominee” or “Business”) in the Sweepstakes.
ELIGIBILITY: To be eligible, the Nominee must be a registered business licensed in Arizona and physically located in Arizona in the following counties: Cochise, Pima East, Pima West, or Santa Cruz (“Promotion Area”). To be eligible, an Entrant must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in the Promotion Area. Void wherever prohibited by law and outside the Promotion Area. Employees of Scripps Media, Inc. d/b/a KGUN-TV, Blake’s Lotaburger (collectively, “Sponsor”), their respective affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible. By participating, Entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, an Entrant can nominate a Business for the Sweepstakes by going to www.kgun9.com/contests and following the on-screen instructions to complete the online Nomination form. Entrants will also be required to submit an essay describing why the Business should be chosen as a “Lota Love for Tucson” winner (the “Essay”), including how the Business demonstrates some or all the following qualifications: 1) persistence in giving to the community; 2) an inspiring example to others; 3) leadership within the community; 4) strong contribution to community; and/or 5) overall positive attitude towards the community. The Essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete.
Incomplete Nominations will be disqualified. Entrants may enter the Sweepstakes more than once, which means that an Entrant can nominate more than one Nominee, but a Nominee cannot be nominated more than once. If a Nominee is nominated more than once, only the first Nomination received will be eligible. Illegible and incomplete Nominations are void. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected Nominations; or Nominations not received for any reason. If there is a dispute over who submitted a Nomination, the Nomination will be deemed to have been submitted by the authorized account holder of the email account identified on the Nomination form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received Nominations (but not the Essays) become the property of Sponsor and will not be returned.
Submitted Materials: Each Essay must satisfy all of the following submission requirements (the “Submission Requirements”:
• The Essay must be the original creation of Entrant.
• The Essay must not portray any recognizable individual without their prior consent, including consent from the Nominee.
• Entrant must either own all rights to the Essay or otherwise have the right to submit the Essay in the Sweepstakes and to provide the rights to Sponsor as set forth herein.
• The Essay must not portray any dangerous activity.
• The Essay must not infringe any third party’s intellectual property right.
• The Essay must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.
• The Essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
• The Essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.
• The Essay must otherwise be appropriate for publication or broadcast or display on a general interest website.
By submitting an Essay, each Entrant represents and warrants that the Essay meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Essay by Sponsor as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Released Parties (defined below) harmless 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 such Entrant of such warranties or representations made by Entrant or of these Official Rules.
By submitting an Essay, Entrant grants to Sponsor (and to those acting on its behalf) a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the Essay) to display or otherwise use the Essay in connection with this Promotion and as set forth herein.
If Sponsor determines, in its sole discretion and at any time during the Promotion Period, that any Nomination violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Nomination. Sponsor retains sole discretion as to whether any Nomination satisfies the Submission Requirements and the Official Rules.
WINNER SELECTION: For each Entry Period, the Sponsor will select one potential winner by random drawing on or about the Monday following the previous entry period from all eligible non-winning entries received during the Promotion Period. Please note, the quality of your Entry will not play a role in the determination of the winner. Decisions of Sponsor are final on all matters. Limit one prize per person and per household address. Odds of winning will depend upon the number of eligible entries. Non-winning Nominations will carry over to the next Entry Period.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify potential winners via telephone or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified and an alternate winner will be selected by applying the criteria set forth above. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID and also to have any companion(s) who will participate in the prize activities, if applicable, return the same documentation before claiming the prize or being allowed to participate in any prize activities. If any of the potential companion(s), if applicable, is under the age of majority in his or her state of residence, then the parent or legal guardian of the minor potential companion(s) must sign and return all required forms. All forms must be postmarked within 10 days of the date on notification materials if return is requested via mail or forms must be completed before receipt of any prize if prizes are picked up in person. Decisions of Sponsor are final on all matters.
PRIZES: There are 26 prizes. Each winning Business will receive breakfast for 40 people from Blake’s LotaBurger consisting of breakfast burritos and coffee to be delivered to winning Business’s location in the Promotion Area by KGUN-TV News Staff on the Friday following the Monday the Nominee was selected as the winner (ARV: $265/winner).
The KGUN-TV News Staff will videotape the Prize being delivered and awarded to the winning Business and the footage may be used on-air, in advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law. Winning business must comply with generally accepted broadcast standards with regard to dress, conduct, and language during the appearance, and such compliance will be determined by Sponsor’s staff in their sole discretion.
Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. Subject to all terms, conditions and restrictions on face of tickets, gift cards or imposed by issuer. All properly claimed prizes will be awarded provided a sufficient number of eligible Nominations are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.”
Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
PUBLICITY AND MARKETING: Submission of a Nomination in the Sweepstakes constitutes permission to the Sponsor to use Entrant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade in connection with the Sweepstakes, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Sweepstakes, Entrants agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, Entrant’s participation in this Sweepstakes or any Sweepstakes-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the Entrant in connection with the Sweepstakes; any non-compliance by the Entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Entrant’s involvement with the Sweepstakes; acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.
OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Sweepstakes, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Sweepstakes whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Sweepstakes or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Sponsor, in its sole discretion. If Sponsor terminates the Sweepstakes, Sponsor will determine the winners for all remaining prizes by applying the criteria set forth above to all eligible, non-suspect Nominations received as of the termination date and will post notice of its action on the Sweepstakes website. Sponsor reserves the right to disqualify any individual from further participation in the Sweepstakes if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the Nomination process or other operation of the Sweepstakes; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Sweepstakes; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Entrant or Teacher in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Sweepstakes, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Sweepstakes will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The state and federal courts located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to these Official Rules and/or this Sweepstakes. All participants and winners agree, by their participation in the Sweepstakes, to submit to the personal jurisdiction of the state and federal courts in Hamilton County, Ohio and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: For the winner’s names, send a self-addressed, stamped envelope including the date the winner was selected to: Blake’s Lotaburger “Lota Love for Tucson” Winners List, KGUN-TV, 7280 E Rosewood St., Tucson, AZ 85705 to be received within 60 days from the Winner Selection date. Limit of one (1) Sweepstakes information request per envelope.
SPONSORS: Scripps Media, Inc. d/b/a KGUN-TV, 7280 E Rosewood St., Tucson, AZ 85705; Blake’s Lotaburger 3205 Richmond Dr. NE, Albuquerque, NM 87107.