“Use Only As Directed” PSA Contest OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The entry period for the Use Only As Directed PSA Contest (“Contest”) begins at 12:01 a.m. Eastern Time (“ET”) on February 1, 2020 and ends at 11:59 p.m. ET on April 15, 2020 (“Entry Period”). 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 Contest. All times mentioned in these Official Rules are Eastern Time unless expressly noted otherwise.
For purposes of this Contest, the parent/legal guardian submitting the entry on behalf of a minor will be deemed the entrant (“Entrant”) and the individual on whose behalf the entry is submitted, whether that individual is a minor or 18 years old, will be deemed the contestant (“Contestant”). Contestants who are at least 18 years of age may submit entries on their own behalf and will also be referred to as Entrant. Each Eligible Contestant must, as of the date of entry, be 13 to 19 years old, and a high school student at a school located in Hillsborough, Pinellas, Polk, Pasco, Hernando, Citrus, Manatee, Hardee, Highlands, or Sarasota counties in Florida and a legal U.S. resident residing in Florida. Eligible Entrants must be 18 years of age or older as of the date of entry, the parent or legal guardian of the Contestant on whose behalf the Entrant entered (unless the Entrant himself/herself is 18 or older in which case the Entrant may enter on his/her own behalf), and a legal U.S. resident residing in Florida. Void wherever prohibited by law and outside Florida. By participating, Entrant agrees on behalf of Entrant and on behalf of Contestant to be bound by these Official Rules and the decisions of Sponsor. Decisions of judges and Sponsor are final on all matters. Employees of Scripps Media, Inc. d/b/a WFTS, DACCO Behavioral Health, Inc. (collectively, “Sponsor”) and of their respective parents, affiliates, and subsidiaries, and of the advertising and promotion agencies, prize suppliers, and any other vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and those individuals’ immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household as those individuals are not eligible.
TO ENTER: In order to participate, the Entrant must visit https://www.abcactionnews.com/conquering-addiction during the Entry Period, accurately complete the entry form, and submit a script idea for a public-service announcement that speaks to the Contestant’s peers and community about the dangers of prescription pain medication and the need to use said medication “only as directed” (the “Script”). The Script must be for a 30-second commercial that speaks to the Contestant’s peers about the dangers of prescription pain medication and includes the phrase “Use Only As Directed”. The Entrant must submit his or her email address and phone number in connection with the entry and must not submit the email address of any Contestant, unless the Contestant is 18 years old or older. When uploading a submission, the Entrant must also upload a photo of the Contest Permission Form (the “Permission Form”) with the Contestant (and the Contestant’s parent/legal guardian as applicable) providing their signature on the Permission Form. The Permission Form is available on the Contest page.
Incomplete entries will be disqualified. Contestants may not enter the Contest more than once, but an Entrant may enter more than once if the Entrant is entering on behalf of different children. Multiple entries on behalf of the same Contestant will be disregarded. Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, or misdirected entries; or entries not received for any reason. If there is a dispute over who submitted an entry, the Entrant will be deemed to be the authorized account holder of the email account identified on the entry 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 entry information (but not the Scripts) becomes the property of Sponsor and will not be returned.
· The content in the Script must be the original creation of the Contestant.
· The Script must not portray any illegal or dangerous activity, and must not glorify drug use or otherwise portray drug use in a positive light.
· The Script must not infringe any third party’s intellectual property right.
· The Script must not contain any recognizable individual.
· The Script must not contain 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 Script 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 Script must be non-defamatory and must not invade any third party’s right of privacy or publicity.
· The Script must otherwise be appropriate for publication or broadcast or display on a general interest website.
· The Script must include the phrase “Use Only As Directed” within the creative messaging.
· The Script must comply with the Terms of Use on the Contest website.
By submitting a Script, each Entrant represents and warrants that the Script meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Script by Sponsor as permitted herein will not infringe any third party rights, in particular that any use of the Script by Sponsor will not violate any union or guild agreement.
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 Entrant or Contestant.
By submitting a Script, Entrant (on behalf of himself/herself and on behalf of Contestant) grants to Scripps Media, Inc., DACCO Behavioral Health Inc. and their respective parents, affiliates, subsidiaries, successors, licenses and assigns and all of their officers, directors, shareholders, employees and agents (“Licensees”) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Script (in whole or in part) as Licensees, in their sole discretion, deems appropriate including, without limitation, (i) in connection with Licensees’ business, including but not limited to public service announcements for the Tampa-St. Petersburg (Sarasota) Designated Market Area, and/or DACCO Behavioral Health Inc.; and (ii) in connection with the businesses of Licensees’ successors, parents, subsidiaries, and their related companies. Licensees may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Script. Furthermore, Entrant (on behalf of himself/herself and on behalf of Contestant) also grants other users permission to access the Script and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish the Script for personal, non-commercial use as permitted by the functionality of the Services (as that term is defined in the Terms of Use on the Contest website) and the Terms of Use on the Contest website. Notwithstanding the foregoing, the Entrant (on behalf of himself/herself and on behalf of the Contestant) waives any and all claims Contestant or Entrant may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the Script.
If Sponsor determines, in its sole discretion and at any time during the Contest, that any Script 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 Script. Sponsor retains sole discretion as to whether any Script satisfies the Submission Requirements and the Official Rules.
WINNER SELECTION: On or around April 15, 2020, a panel of judges designated by Sponsor will judge the eligible Scripts based on: clarity and impact of message (30%), creativity (30%), effectiveness in conveying the Contest theme to a high school audience (30%), and adherence to Contest theme (10%), the panel of judges will select one Script as the winner, provided a sufficient number of eligible entries is received. If there is a tie for the winner position, the tiebreaker will be the best score based on clarity and impact of message. If there is still a tie after the first tiebreaker, the judges will re-score the tied Scripts to break the tie.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify the potential winning Entrant via telephone or email. If (a) the Entrant who submitted a potential winning Script does not respond within three days of initial notification attempt; (b) the Entrant or Contestant is not in compliance with these Official Rules; (c) the Entrant or Contestant does not meet the eligibility requirements; (d) the Entrant or Contestant declines the prize; or (e) the Entrant does not sign and return required documents or provide required identification by deadlines established by Sponsor, the Entrant/Contestant will be disqualified and an alternate winner may be selected by applying the criteria set forth above. Potential winning Entrant may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release as well as a release of the Script on behalf of Entrant and the Contestant on whose behalf Entrant entered and a scan or photo of Entrant’s legal ID and return the same documentation before claiming the prize or being allowed to participate in any prize activities. All forms must be signed and returned to Sponsor within 72 hours of the time Sponsor sends them to winner.
PRIZE: One First Prize - the Script or portions of the Script may be used as a part of the DACCO Behavioral Health Inc.’s 2020 marketing campaign and Public Service Announcements for the awareness of the dangers of prescription pain medication. The winning Contestant and Entrant will also receive an invitation to tour the WFTS television studio at 4045 N. Himes Ave., Tampa (at a date and time to be determined by Sponsor and Entrant) and to see the commercial editing process that produces a finished 30-second commercial, which may be based on the winning Contestant’s Script idea. There is no monetary prize associated with being a winner.
The prize will be awarded to the Entrant on behalf of the Contestant. Prize consists of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any portion of prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winner is permitted. Properly claimed prize will be awarded provided a sufficient number of eligible entries are received, but under no circumstances will more than the advertised number of prizes be awarded.
Federal, state, and local taxes on prize, 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.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, Entrants (on behalf of themselves and Contestants) 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 or Contestant’s participation in this Contest or any Contest-related activities (including, without limitation, the station visit) and the acceptance and use, misuse, or possession of prize awarded hereunder (including, without limitation, any misrepresentation made by the Entrant or Contestant in connection with the Contest); any non-compliance by the Entrant or Contestant 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 or Contestant’s involvement with the Contest; acceptance, possession, misuse or use of prize or participation in any Contest-related activity or participation in this Contest; 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 prize or winner); or any use of any ideas embodied in the Script by Sponsor. The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of prize or in the administration of the Contest, 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 Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Contest whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Contest or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. If Sponsor terminates the Contest during the Entry Period, Sponsor will determine the winner by applying the criteria set forth above to all eligible, non-suspect entries received as of the termination date and will post notice of its action on the Contest website, if practicable. Sponsor reserves the right to disqualify any individual (Contestant or Entrant) from further participation in the Contest (including disqualification of that individual’s entry) if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Contest; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Entrant or Contestant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner; or (e) has threatened the integrity of the Contest by posting or otherwise disseminating material on any social media that is offensive, vulgar, obscene, or defamatory with regard to anyone or any third party involved with this Contest. 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 Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AND CONTESTANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, 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 ENTRANTS OR CONTESTANTS WITH REGARD TO THIS CONTEST, 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, Contestants, and Sponsor in connection with the Contest 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 Contest. All Entrants (on behalf of themselves and their respective Contestants), and winner agree, by their participation in the Contest, 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.
WINNER NAME: For the winner’s name, available after May 15, 2020, send a self-addressed, stamped envelope Use Only As Directed PSA Contest Winner’s Name, WFTS, 4045 N. Himes Ave., Tampa FL 33607, M-F to be received by July 15, 2020.
SPONSORS: Scripps Media, Inc. d/b/a WFTS, 4045 N. Himes Ave., Tampa, FL 33607 and DACCO Behavioral Health Inc., 4422 East Columbus Drive, Tampa, FL 33605.