WTAE TV & WTAE.com
Pittsburgh’s Action Weather with the 4-Degree Guarantee
OFFICIAL RULES
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. VOID OUTSIDE OF PITTSBURGH DESIGNATED MARKET AREA.
1. HOW TO ENTER and HOW TO WIN: The WTAE TV “Pittsburgh’s Action Weather with the 4-Degree Guarantee ” (the “Sweepstakes”) entry period begins Thursday, April 16, 2015 at 12:01 a.m., and ends December 31, 2016 at 11:59 p.m. ET ("Sweepstakes Entry Period"). For purposes of this Sweepstakes, all times refer to Eastern Time (“ET”). To submit an entry, go to www.wtae.com/4degreeguarantee and click on the entry link to access, complete, and submit an entry. Entrant must complete all fields in the online entry form, and submit it online. Information required on the entry form (collectively, “Entry Information”) consists of first and last name, complete address, telephone number including area code, date of birth, and email address. Entries must be received by 11:59 p.m. ET on December 30, 2016. Limit one (1) entry per person during Sweepstakes Entry Period.
Starting on April 23, 2015 we’ll add the 4-Degree Guarantee to all of Chief Meteorologist Mike Harvey’s forecasts. WTAE’s 4-Degree Guarantee will highlight Mike Harvey’s forecast accuracy. Every weekday during the 5pm newscast, Mike Harvey will give viewers his 4-Degree Guarantee. He guarantees the next day’s high temperature (Spring/Summer)/low temperature (Fall/Winter) will be within 4 degrees of what he predicts. The following day we will compare Mike Harvey’s guaranteed forecast to the actual temperature. Mike Harvey guarantees his forecast will be within four degrees of what he predicts. When he is right, one viewer will be randomly selected from among all eligible entries and will be offered a “Mike Harvey. He Gets it Right” umbrella prize. By entering, you agree to comply with all applicable laws and these Sweepstakes rules, and you agree to abide by all decisions of the Sponsor. In the event of a dispute, electronic and email entries will be deemed to have been submitted by the authorized account holder of the email address referenced in the entry. The authorized account holder is the person to whom the applicable internet service provider or other organization (such as a business or educational institution) has assigned the email address at the time of entry. Sponsor may not verify receipt of entries. Entries become property of Sponsor and will not be returned. Incomplete entries are void. Sponsor is not responsible for entries that are lost, late, misdirected, incomplete, incomprehensible, illegible, damaged, undeliverable or delayed. Entries generated by any automated means that are detected as such are void.
Potential winner(s) will be notified either by phone, email, and/or mail, on the day of drawing. Winner must respond to such notification, by calling the Sweepstakes coordinator provided in the notification, within twenty-four (24) hours after the notification is sent by Sponsor, or the Winner will be subject to disqualification, in which case the Prize will be forfeited, and an alternate Winner will be randomly selected from among the remaining eligible entries, time permitting. Winners may be required to sign and return appropriate forms and/or documentation, including an Affidavit of Eligibility, a Liability Release and/or where legally permissible a Publicity Release within two (2) days following the date of first attempted notification. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within two (2) days following the date of first attempted notification. Failure to sign and return such forms within the requisite timeframe could result in disqualification.
2. ELIGIBILITY: This sweepstakes is only open to legal U.S. residents who are physically located and residing within Pennsylvania, Maryland, West Virginia and Ohio within the Pittsburgh DMA as determined by Nielsen Media Research Services and who are eighteen (18) years of age or older as of the date of entry. Employees of WTAE-TV, WTAE-TV Hearst Television Inc., Hearst Corporation, Internet Broadcasting and those involved in the development, production (including prize suppliers), implementation and distribution of this Sweepstakes, their advertising or promotion agencies, parent companies, agents, officers, directors, subsidiaries or affiliates, participating stations, service providers, any other persons or entities directly associated with this Sweepstakes (collectively “Sweepstakes Entities”), members of their immediate families (parents, children, siblings, spouses), and/or persons living in the same households as such persons (whether related or not) are ineligible to participate in the Sweepstakes. Internet access is necessary to enter. Proof of age, identity, and eligibility must be furnished to Sponsor upon request. All entry information must be complete and accurate. Sponsor will not award a prize to anyone not meeting eligibility requirements at the time of entry. Sponsor reserves the right to disqualify any entrant if these Sweepstakes rules are not followed.
3. PRIZES and ODDS OF WINNING: Prize Winner: One (1) prizes will be offered during the Sweepstakes with an estimated retail value of up to $15.00 per winner. Winner will receive one (1) “Mike Harvey. He Gets it Right” umbrella prize. Open Thursday, April 23rd –December 31, 2016. Prize may not be redeemed for cash. Prize contents may not be altered.
All charges, fees, and costs not specifically included in the prize descriptions above, including but not limited to personal incidental items, transportation, taxes, souvenirs, gratuities, and licenses, are the responsibility of the respective Prize Winner(s) and their guests.
Prize is non-transferable and no substitution is allowed, except by the Sponsor, in its sole discretion. SPONSOR AND ITS AGENTS ASSUME NO RESPONSIBILITY OR LIABILITY FOR DAMAGES, LOSSES, OR INJURY, INCLUDING DEATH, RESULTING FROM ACCEPTANCE OR USE OF PRIZE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED OR PRIZE-RELATED ACTIVITY. AS A CONDITION OF WINNER’S ACCEPTANCE OF THE PRIZE, SWEEPSTAKES ENTITIES, THEIR PARENT, RELATED, AFFILIATED AND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AGENTS, EMPLOYEES AND ASSIGNS SHALL BE RELEASED AND DISCHARGED FROM ANY AND ALL LEGAL CLAIMS, LOSSES, INJURIES, DEMANDS, DAMAGES, ACTIONS, AND/OR CAUSES OF ACTIONS THAT ARISE OUT OF AND/OR IN ANY WAY RELATED TO THE PRIZE, THE RECEIPT, USE AND/OR ENJOYMENT OF THE PRIZE AND/OR THE SWEEPSTAKES. All taxes related to prize, including income taxes, are the responsibility of the individual winner. Any depiction of prize is for illustrative purposes only. All dates and times are subject to change in the event of technical issues affecting the website, entry process, selection process, or relevant on-air programming or in the event of Breaking news or national or local emergency or condition that is of greater public importance, in Sponsor’s sole discretion, than the timely or precise execution of the Sweepstakes.
Odds of winning depend on the number of entries.
4. CLAIMING PRIZE: Winners may be required to complete an Affidavit of Eligibility and Liability and Publicity Release when claiming prize. Prizes will be mailed to the winner’s registered postal address according to their entry form submission. Only the actual winner may claim the prize, and prize is non-transferable by winner. Failure to timely claim prize will result in the forfeiture of the unclaimed prize components, and such prize components will remain the property of Sponsor and/or prize supplier.
5. PUBLICITY RELEASE: Except where prohibited, entry in the Sweepstakes constitutes each entrant’s consent for Sponsor to use, publish, reproduce, and distribute for any purpose, including publicity, promotion and advertising, in any media (including without limitation, print, internet, television, radio, and offline), each winner’s name, city, photograph, likeness, biographical information, voice, or image, each in perpetuity without further compensation, credit, or right of review or approval.
6. TERMS AND CONDITIONS; LIMITATION OF LIABILITY: Participants are responsible for complying with all applicable federal, state, and local laws and regulations and with these official rules and by entering, participants agree to be bound to these official rules. Any attempt by an entrant or other party to tamper with the proper administration of the Sweepstakes will disqualify the entrant and may result in civil or criminal action against the entrant or other party and may result in the discontinuation, suspension, or cancellation of the Sweepstakes. WINNERS AND ENTRANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE AND DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS SWEEPSTAKES, FROM ANY AND ALL TAX LIABILITY THAT MAYBE IMPOSED OR ASSOCIATED WITH RECEIPT OR USE OF THE PRIZES, AND FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, AND LIABILITY FOR ANY DAMAGES, EXPENSES, FEES, INJURY, OR LOSSES (INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, OR USE OF THE PRIZE OR WHILE TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN ANY SWEEPSTAKES RELATED OR PRIZE-RELATED ACTIVITY. Sponsor is not responsible for any printing, typographical, mechanical, or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the prize. Winner’s guest(s), if applicable, may be required to execute a liability and publicity release prior to the winner’s receipt of the prize. Sponsor retains the discretion to make all decisions regarding the interpretation and application of these official rules. All decisions of Sponsor are final and discretionary. In the event the selected winner(s) of the prize are/is ineligible or refuse(s) the prize, or if the selected winner fails to timely claim the prize, the prize will be forfeited and Sponsor, in its sole discretion, may randomly select an alternate winner from remaining entries (time permitting), or may elect not to award such prize to an alternate winner, where permitted. For prizes valued at $600 or greater, winner must provide his or her social security number for tax purposes. Prizes may be considered income, and any and all taxes associated with prizes are the responsibility of the winner. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to the Sponsors listed below and not to Facebook. Your name may be used on Facebook to announce that you have won. Any questions, comments or complaints regarding the promotion should be directed to the Sponsors, not Facebook, and you agree to release Facebook from any liability in connection with this promotion.
7. FORCE MAJEURE, DISCLAIMER/INTERNET: If for any reason, the Sweepstakes is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering and unauthorized intervention, fraud, technical failures, acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, or integrity of the Sweepstakes, the Sponsor reserves the right, in its discretion, to disqualify any individual it believes has tampered with the entry process and/or cancel, terminate, modify, or suspend the Sweepstakes and to select winner(s) from eligible entries received as of the termination date. Sponsor may prohibit an entrant from participating in the Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices, or intending to abuse, threaten, or harass other entrants. Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law. The Sweepstakes Entities (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in acquisition, operation, or transmission of communications, line failure relating to theft, or destruction or unauthorized access to, or alteration of entries; (ii) are not responsible for any problems relating to, or technical malfunction of, any communications network or lines, computer on-line systems, servers, or communications service provider, computer or other equipment, hardware, software, failure of any entry information to be received by the Sponsor on account of technical problems, human error, or traffic congestion of any communications system on the internet, or at any website, or (iii) any combination thereof, including any injury or damage to the participant’s or any other person’s computer or other device related to, or resulting from, participation or downloading of any materials in this Sweepstakes. SPONSOR MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND SPONSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.
8. ARBITRATION/CHOICE OF LAW: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THIS SWEEPSTAKES, SHALL BE RESOLVED EXCLUSIVELY BY ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN EFFECTIVE, AND ANY AND ALL CLAIMS, JUDGEMENTS, AND AWARDS SHALL 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, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than New York. Arbitration in New York County, New York shall be the exclusive forum and venue for any dispute relating to these official rules and for this Contest. If arbitration is prohibited, then and in such event, the courts of New York in New York County shall 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 courts of New York in New York County. The invalidity or unenforceability of any provision of these official rules shall not affect the invalidity or unenforceability of any other provision so long as the general intent of these official rules remains in effect. In the event that any such provision is determined to be invalid or otherwise unenforceable, these official rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
9. RULES AND WINNERS LIST: For a copy of these official rules, log onto www.WTAE.com/4degreeguarantee or send a request with a self-addressed, stamped envelope to WTAE TV/ Pittsburgh’s Action Weather with the 4-Degree Guarantee Rules at 400 Ardmore Boulevard, Pittsburgh, PA 15221. Rules requests must be received by December 30, 2015. These Official Rules supersede all other published editions. Sponsor reserves the right to change, alter, or amend these Official Rules as necessary, in its sole discretion, to ensure the fair administration of the Sweepstakes or to comply with applicable law. For a list of winners, send an SASE for receipt by December 31, 2016 to “Pittsburgh’s Action Weather with the 4-Degree Guarantee Winners” at the address above.
10. SPONSORS: WTAE, 400 Ardmore Boulevard, Pittsburgh, PA 15221