TSO Halloween Photo Contest
Official Rules
1. GENERAL:
No purchase necessary. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited or restricted by law. This Contest is governed by all applicable federal, state, and local regulations. The TSO Halloween Photo Contest is sponsored by WTAE-TV and LIVE NATION.
2. ELIGIBILITY:
TSO Halloween Photo Contest is offered only to legal U.S. residents twenty-one (21) years old or older at the time of entry. One winner per household. One winner per family. Prizes are non-transferable. Sweepstakes is offered only to residents of Pennsylvania, Ohio, West Virginia and Maryland who reside within the Pittsburgh Designated Market Area (“DMA”) as determined by Nielsen Media Research Services. Employees of WTAE and members of their immediate families, Hearst Television, Inc., Live Nation (Together, “Sponsor”), The Hearst Corporation, Woobox and each of their affiliates, representatives, and agents, and their directors and employees (collectively, “Sweepstakes Entities”), and the members of the same households of such individuals are not eligible. The term “immediate families” includes spouses, grandparents, parents, siblings, children and grandchildren. No groups, clubs, or organizations may participate in this Sweepstakes or reproduce or distribute any portion of these Official Rules to their members. Proof of age, identity, and eligibility must be furnished to Sponsor upon request. All entry form information must be complete and accurate. Sponsor will not award a prize to anyone not meeting eligibility requirements at the time of entry. By entering, you agree to comply with all applicable law and these Official Rules, and you agree to abide by all decisions of the Sponsor. Sponsor reserves the right to disqualify any entrant if these Official Rules are not followed. Internet access is necessary to enter.
3. HOW TO ENTER:
By entering, you agree to comply with all applicable law and these Contest Rules, and you agree to abide by all decisions of the Sponsor. The Contest Entry Period begins at 12:01 a.m. on September 16, 2019 and ends at 11:59 p.m. on October 31, 2019 (“Contest Entry Period”). The Voting Period begins at November 6, 2019 at 12:01 a.m. and ends at December 1, 2019 at 11:59 p.m. (“Voting Period). All times refer to Eastern Standard Time. All dates and times are subject to change in the event of human error or technical issues affecting the Sponsor, the entry process, or relevant on-air programming or in the event of breaking news, weather, or live event that merits, in WTAE’s sole discretion, the preemption of the scheduled programming, including the Contest, display of Photo Submissions, announcement of winners, or that is of greater public importance, in the Sponsor’s sole discretion, than the timely or precise execution of the Contest. In the event of any such event, condition, or programming change or preemption, Sponsor reserves the right, in its sole discretion, to delay, reschedule, or omit the presentation of Photo Submissions, winner announcements, and/or other aspects of the Contest on or from the particular day(s) affected.
Viewers may enter by going to www.WTAE.com/contests, clicking on the Contest entry page link and following the instructions to access, complete, and submit an electronic entry during the Contest Entry Period, which includes uploading a photo (“Photo Submission”) of your home’s Halloween decorations (outdoors and/or indoors). Eligible Photo Submissions will be displayed, in Sponsor’s sole discretion, on WTAE.com
To constitute an eligible Photo Submission, the photo submission must meet the following criteria: (1) Photo must be deemed family friendly, in the sole discretion of Sponsor. (2) You may only contribute a photo that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. (3) By entering, you grant permission to and for the Contest Entities to receive and display the photo. (4) You warrant that you have permission from any and all other persons appearing in your photo for you to make the submission and grant the rights described herein. (5) You may not contribute a photo that contains expressions of hate, abuse, offensive images or conduct, obscenity or pornography or any material that could give rise to any civil or criminal liability under applicable law or regulations. (6) You may not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or wtae.com or any other website. (7) By uploading a photo, (a) you grant to WTAE and Contest Entities a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photo and any material included in such photo on the Internet, on television, and in, on, or through all other media; and (b) you certify that any and all persons pictured in the submitted photograph (and, for any child and any other minors, his/her/their parent/guardian) authorize Contest Entities to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute (“Use”) the photo and any material included in such photo on the Internet, on television, and in, on, or through all other media worldwide and in perpetuity; and (c) you agree to indemnify wtae.com and Contest Entities and their affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from Use of the photo and/or your failure to comply with these rules.
Sponsor will not verify receipt of entries. Entries (including Photo Submissions) become property of Sponsor and will not be returned. Limit one entry per person during the Contest Entry Period. Incomplete entries are void. Sponsor is not responsible for entries that are lost, late, misdirected, incomplete, incomprehensible, illegible, damaged, undeliverable or delayed. Photocopied and mechanically generated entries are void. Entries generated by any automated means and detected as such are void. In the event of a dispute, electronic and e-mail entries will be deemed to have been submitted by the authorized account holder of the e-mail address at the time of 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 e-mail address.
4. HOW TO WIN:
Eligible entries must be received by 11:59 p.m. on 10/31/19. On 11/6/19, Sponsor will post all eligible photos submitted during the Contest Entry Period to WTAE.com/contests for public voting.
Visitors to www.WTAE.com/contests will have the opportunity to vote for their favorite photo from 11/6/19, 12:01 a.m. to 12/1/19, 11:59 p.m. (“Voting Period”). (Please see Voting Rules at Voting location). At the completion of the Voting Period, the Entrant with the most votes will be the winner. In the event of a tie, the tie will be broken by random selection between the tied Entrants. The Winner will be announced on 12/2/19. The Winner will be subject to verification.
Potential Winner(s) will be notified either by phone, email, and/or mail, within one (1) day of drawing. Winner must respond to such notification, by calling the Contest coordinator provided in the notification, within forty-eight (48) 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 selected based on the next highest vote tally, 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 fifteen (15) 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 fifteen (15) days following the date of first attempted notification. Failure to sign and return such forms within the requisite timeframe could result in disqualification.
Sponsor is not responsible for incomplete, incomprehensible, illegible, or out-of-service contact information. If Sponsor is unable, after making a reasonable effort, to contact a selected potential winner, that potential winner will be disqualified and a new potential winner will be selected from remaining entries until all qualified Winners are chosen.
5. PRIZES AND ODDS OF WINNING:
One (1) Winner will receive:
Ten (10) tickets to the Trans-Siberian Orchestra Show at PPG Paints Arena, 1001 Fifth Ave, Pittsburgh, PA 15219 on Sunday, 12/22/2019 at 3:30 p.m., one (1) signed TSO guitar and one (1) Backstage Tour for ten (10) people.
Approximate Retail Value (“ARV”) of Prize: $659
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. In the event the show is canceled or postponed for any reason, Sponsor shall have no further prize obligation to Winner.
Show tickets must be picked up at WTAE studio no later than 4:00 p.m. on December 18, 2019. To claim prize, Winner(s) must provide a valid driver’s license or state identification card. Prize is non-transferable and must be used on 12/22/19 or be forfeit. Certain blackout dates may apply. No cash redemption or prize substitution allowed by Prize Winner(s). Sponsor reserves the right to substitute a prize of equal or greater value for any reason in the sole discretion of Sponsor if the Prize or any component thereof is unavailable for any reason.
Because the Finalists/Winner in this Contest will be selected as described above and such selection is not based on chance, as such there are no “odds” of winning.
6. PUBLICITY RELEASE:
Except where prohibited, entry in the Contest constitutes each entrant's consent to Contest Entities to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the internet, television, radio, or offline promotions), each Winner's and the subject of the Photo Submission’s name, city, photograph, likeness, biographical material, voice, image, and all submitted materials, each in perpetuity without further compensation, credit or right of review or approval.
7. 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 Contest 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 Contest. WINNER AND ENTRANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE AND DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE CONTEST ENTITIES, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS CONTEST, FROM ANY AND ALL TAX LIABILITY THAT MAY BE 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 CONTEST-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 Contest 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, the Prize will be forfeited and Sponsor, in its sole discretion, may select an alternate Winner from remaining entries, 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 Winners.
8. DISCLAIMER/INTERNET:
If for any reason, the Contest is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, and unauthorized intervention, fraud, human error, 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, integrity of the Contest, 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 Contest. Sponsor reserves the right to select winners from eligible entries received as of any termination date. Sponsor may prohibit an entrant from participating in the Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest 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 Contest 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 Contest Entities: (i) assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alternation of, entries; (ii) are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or provider, computer equipment, hardware, software, failure of any entry information to be received by the Sponsor on account of technical problems, human error or traffic congestion 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 related to or resulting from participation or downloading any materials in this Contest. SPONSOR MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND CONCERNING ANY PRIZE, AND SPONSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY.
9. ARBITRATION/CHOICE OF LAW:
Entrants agree that any and all disputes, claims and causes of action arising out of or connected with this contest 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 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 and sponsors in connection with the Contest 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 Rules and for this Contest. New York County shall be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction 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.
10. OFFICIAL RULES AND LIST OF WINNERS:
To receive a copy of these official Contest Rules visit www.wtae.com/contests or send a SASE for receipt by 10/31/19, to TSO Halloween Photo Contest Rules, WTAE TV, 400 Ardmore Boulevard, Pittsburgh, PA 15221. Official rules supersede all other published editions. Sponsor reserves the right to change, alter, or amend these Contest rules as necessary, in its sole discretion, to ensure the fair administration of the Contest or to comply with applicable law. To receive a list of winner’s names, send a SASE within 60 days of the conclusion of the Contest to TSO Halloween Photo Contest Winner’s List, at the address listed above.
11. SPONSORS:
WTAE TV, 400 Ardmore Boulevard, Pittsburgh, PA 15221
Live Nation, 100 S. Commons, Pittsburgh, PA 15212
VOTING RULES:
At the time of voting, voter must be 18 years or older and a legal resident of the 50 United States, District of Columbia or Canada. Void in Puerto Rico, Quebec Province and where prohibited by law and cannot be an employee, agent or representative of WTAE, Live Nation, Hearst Television, The Hearst Corporation, Hearst Communications, Inc., or any of its respective parent companies, affiliate or related companies (collectively, “Sponsor”).
HOW TO VOTE: Participants may vote for their favorite photo starting on or about 11/6/19 through 12/1/19 (the “Voting Period”) by going to www.wtae.com/contests and following the instructions to complete the voting process. Online entries may be subject to standard internet connection fees. Limit one (1) voting entry per person during the Voting Period.
Use of any device to automate a vote is prohibited, including but not limited to software-generated, robotic, programmed, script, macro or other automated votes. Sponsor reserves the right at its sole discretion to disqualify any individual (and remove any votes from that individual) it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the voting process; (iii) to be acting in violation of these Voting Rules; or (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right to remove votes at its sole discretion.
If, for any reason, any aspect of this voting process is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, 'Acts of God' or terrorist attacks, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the voting process or for any reason Sponsor deems it necessary, Sponsor reserves the right at its sole discretion to cancel, terminate, modify voting process and reserves the right in its sole discretion to determine the winner(s).
Participation in this voting process is at your own risk. Sponsor, and their respective parent companies, affiliated companies, related companies, sponsors, subsidiaries and advertising agencies, and any entity associated with this voting process ("Released Parties") are not responsible for and shall not be liable for: (i) difficulty accessing telecom systems; (ii) errors in transmission; (iii) service outage or delays or for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of any technical problems or traffic congestion on the Internet or at any web site or combination thereof: (iv) any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes; (v) injury or damage to you or to any other person's computer related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to this voting process. Released Parties are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of Released Parties that may cause the voting to be disrupted or corrupted; (ii) typographical or other errors in the printing, the offering or the administration of the Official Voting Rules or (iii) any errors in the announcement of potential winner(s).
Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the voting opportunity described in these Official Voting Rules, and release Released Parties and their respective officers, directors, employees, shareholders, parents, subsidiaries and affiliates from any such claim or liability.
All interpretations of these Official Voting Rules and the decisions of Sponsor relating to this voting process are final.