Allen Kelly Birthday Bash
- NO PURCHASE NECESSARY TO ENTER OR WIN. Allen Kelly Birthday Bash (the “Contest”) is sponsored by Nexstar Media Group, Inc. d/b/a WNCN-TV (“WNCN”) and Allen Kelly & Co. (“Allen Kelly”) (together, the “Contest Parties”). Contest is only offered in the North Carolina counties of Durham, Johnston, Orange, and Wake (the “Contest Area“). Void outside the Contest Area and where prohibited.
- Contest is subject to all federal, state and local laws. WNCN shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding nominations, judging, deadlines, winner selection, prize restrictions, and eligibility — and all its decisions are final. By entering, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Contest-related advertising or materials.
- Contest begins on August 1, 2017. Deadline is August 31, 2017 at 11:59 PM Eastern Time (“ET”). Judging to select potential winner will be completed no later than September 6, 2017.
- Winner(s) will be issued an IRS 1099 MISC tax form (or its equivalent) for the ARV of the prize awarded if required and is solely and exclusively responsible for all state, federal or local income taxes that may result from his or her acceptance of prize.
- To be eligible, each contestant must be at least eighteen (18) years old and a legal United States resident living in the Contest Area (above). In addition, the Nominee’s principal residence must be located within the Contest Area and Nominee must own that residence or have all necessary rights to authorize the installation of the Grand Prize in that residence.
- Employees of WNCN, Nexstar Media, Inc. (“Nexstar“), Allen Kelly, any other entity directly involved in the development or administration of the Contest, and the members of their immediate families (defined as spouses, parents, siblings, and children) and households, are not eligible to nominate or win. The term “household” includes all persons residing together in a single residence, whether or not related.
Prize & ODDS
Number of prizes: Three (3)
- GRAND PRIZE: Allen Kelly HVAC residential system with a retail value up to $6,000.00, including delivery (valued at $50), and all parts, taxes, and labor. Duct system repairs not included. ARV PRIZE 1: $6000
- 2nd PRIZE: $1000 Allen Kelly Gift Card (Allen Kelly & Co. services only)
ARV Prize 2: $1000
- 3RD PRIZE: $500 Allen Kelly Gift Card (Allen Kelly & Co. services only)
ARV Prize 3: $500
Total Value of Prizes Supplied: $7,550
- Actual value of Grand Prize may depend on size, options and other features of selected Allen Kelly system and/or market or industry fluctuations. If the actual value of Grand Prize awarded is less than the ARV stated above, winner will not be entitled to any compensation or reimbursement for difference in value.
- Allen Kelly system will be tailored to the needs of winner. If the winner chooses an Allen Kelly system with a higher value than the stated ARV above, or requests any other or ancillary HVAC products, including without limitation, air purification system, zone controls, dehumidifier, etc., he or she will be solely and exclusively responsible for financing or paying for the difference in cash prior to installation. Winner must schedule initial visit with Allen Kelly comfort technician within ninety (90) days to conduct a site survey to identify the most appropriate high efficiency system. Installation must be scheduled for completion within ninety (90) days of the site visit. Winner may be required to sign standard contract and will be responsible for any necessary permits, licenses or other approvals, including homeowner’s associations. Full cooperative access to the winning property shall be granted to Allen Kelly and relevant contractors and employees for prize installation. Winner will be responsible for furnishing proof of home ownership or appropriate rights to authorize improvements to home to Allen Kelly prior to and as a condition of commencement of installation services relating to prize.
- All prize details shall be at WNCN’s sole discretion. Winner assumes sole responsibility for all current and future expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), surcharges, costs, fees, and expenses related to the acceptance, use and maintenance of the prize elements, as well as any desired insurance. Contest Parties shall not be responsible for construction or installation delays.
- Non-cash prize components are not redeemable for cash and may not be sold, bartered or auctioned. The right to receive prize is not transferrable. Prize or any portion thereof not used or accepted by winner is forfeited and no cash or substitute will be offered or permitted, unless required by law. Prize may not be substituted except that WNCN in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
- Prize offered is provided “as is” with no warranty or guarantee either express or implied by Contest Parties. Prize carries no warranty other than that offered by manufacturer. Contest Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
- Entries will be accepted beginning August 1, 2017 at 12:01 AM ET and ending August 31, 2017 at 11:59 PM ET. Entries requires four (4) steps:
- First, send a homemade or store bought birthday card standard size. Allen Kelly and WNCN will NOT be responsible for postage, returned mail, damaged, illegible handwriting/Type or delayed cards. Send card with a self-addressed stamp to Allen Kelly “Birthday Bash Contest” 220A Tryon Road Raleigh, NC 27603. Must be postmarked by August 31, 2017.
- Must include Full Name and Phone number included inside card so a representative from Allen Kelly and WNCN can contact winners.
- Entries will only be accepted via U.S. Mail. No e-mail or any other method.
- All entries must be received by Allen Kelly no later than August 31, 2017 at 11:59 PM ET. Proof of sending is not proof of receipt by WNCN or Allen Kelly. WNCN will not accept screen shots as proof of entry.
- Limit one (1) entry per address. Additional entries received from any such person thereafter will be subject to disqualification. WNCN and Allen have sole discretion. No group submissions will be accepted.
- Each entry must include a valid phone number. WNCN is not responsible for entries that are undeliverable because of any form of passive or active filtering of any kind.
- Entries provide any required information may be disqualified without further notification by WNCN. WNCN is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. WNCN reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entry become the property of WNCN and will not be returned or acknowledged.
- Winner must submit a homemade or store bought birthday card to Allen Kelly Birthday Bash Contest. No word limit. Must include name and phone number inside card. Must have correct postage on card; will not be returned.
Nominator’s License & Warranty
- By submitting an entry, you expressly grant to WNCN (and to those acting on WNCN’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the nomination and Story) to display, reproduce, distribute, publish, perform, edit, otherwise use the nomination and Story for advertising and promotional purposes, including the display of the nomination and/or Story on WNCN’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Contest. For clarity, WNCN has the right (but not the obligation) to publish any entry on WNCN’s website(s) and/or social media channels and as WNCN otherwise so chooses.
- By submitting an entry, you warrant that (a) you are legally entitled to submit the birthday card entry, (b) the entry does not infringe any third party rights, and (c) the entry complies in all respects with the Official Rules and Website Terms and you agree 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 you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.
- If WNCN receives any claim of unauthorized use of any content contained within the Story by any third party, WNCN reserves the right to immediately terminate access to and disqualify such Story. In addition, WNCN may disqualify any nomination and/or Story that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, at any time. You agree that WNCN has the sole discretion to decide whether any nomination and Story satisfies these Official Rules and that its decisions are final.
judging to select Winner
- Beginning on September 1, 2017 and ending by September 6, 2017, all timely and properly submitted entries will be reviewed by a panel of qualified judges designated by Contest Parties and scored based on the following judging criteria: demonstrated need, deservingness, and overall appeal. Subject to verification of eligibility the Nominee whose Story receives the highest score will be declared the winner.
- In the event of a tie, the tied entries will be re-judged by the judges or judged by a new panel of judges as determined by WNCN in its discretion until the tie is resolved.
- WNCN will contact potential winner using the information supplied in the birthday card. Winner must respond to WNCN within forty-eight (48) hours and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents and to provide such documents to WNCN within ten (10) business days of initial notification, and as a condition of receiving prize. WNCN in its sole discretion may allow for transmission of verification documents via fax or e-mail.
- If potential winner (a) cannot be contacted directly by, or does not respond to, WNCN within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, WNCN in its discretion may disqualify that individual and an alternate winner will be selected in accordance with previously described method as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. WNCN will attempt to verify up to three (3) alternate winners. If WNCN cannot verify a winner after three (3) alternate attempts, no further attempts will be made and the prize will not be awarded.
- WNCN may, in its sole discretion, post the verified winner’s name on the Contest Page and/or any of WNCN’s websites, including http://www.wncn.com, and on or in any of WNCN’s social media pages or channels, and broadcast it on any of WNCN’s stations.
- By accepting a prize, winner agrees to award WNCN the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on WNCN’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
- By submitting a nomination and/or accepting a prize in the Contest, you agree that WNCN, Allen Kelly, Nexstar, Facebook, any other company involved in the development or administration of this Contest, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for nominations that for any reason are not properly submitted or received by WNCN by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Nominators, Nominees or other participants, judges, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the judging, or in the selection or announcement of the winner or prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest; (e) are not responsible for any unauthorized third party use of any nomination materials (including any Stories); (f) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of nominations or Stories, the selection of winner, the prize or otherwise in any Contest-related materials.
- RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO prize. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE Contest OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF prize OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE Contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Contest.
- By submitting a nomination and/or accepting a prize in the Contest, you agree to release and hold Released Parties harmless from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of nomination materials during or after the Contest (including any Story); (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of prize; and (d) any other claim or cause of action you may have against any Released Party.
- BY submitting aN ENTRY and/or accepting a prize in THE Contest, you FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Contest, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE Contest, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES.
- SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- WNCN reserves the right to cancel, suspend or terminate this Contest, or any part thereof, if WNCN determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond WNCN’s control. In such an event, WNCN will post notice of same at the Contest Page and select the winner at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Contest or in such other manner as WNCN, in its sole discretion, deems fair and appropriate under the circumstances.
- WNCN reserves the right to disqualify any individual from further participation in the Contest if WNCN concludes, in its sole discretion, that such person (a) has attempted to tamper with the nomination process or other any operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards WNCN or any other Contest Party, Nominee, Nominator, Contest Judge, or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to nominate more than the number of times permitted herein, including by using any prohibited device or method. Any failure by WNCN to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
- ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE Contest MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND WNCN RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
- All activity arising out of and relating to the Contest, including any reference to the status of any person as a “winner” is subject to verification and/or auditing for compliance with the Official Rules. If WNCN determines, in its sole discretion, that verification or auditing activity evidences non-compliance of a nomination and/or Nominee with the Official Rules, WNCN reserves the right to disqualify such nomination and/or Nominee from the Contest and prize at any time. WNCN reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if WNCN determines in its sole discretion that awarding a prize to any such individual might reflect negatively on WNCN. Each Nominee agrees to cooperate with WNCN and its representatives in connection with all verification, auditing and/or background check activities.
- WNCN reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, WNCN reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
- All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Nominators, Nominees or other participants or Released Parties in connection with the Contest, shall be governed by North Carolina law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than North Carolina.
- By submitting a nomination and/or accepting a prize in the Contest, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in Wake County, North Carolina, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
- In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Contest-related materials, including but not limited to the Contest nomination forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Facebook is not a sponsor or endorser of this Contest or of WNCN. Any third party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the
Winner’s Name/OFFICIAL RULES
- For a copy of the Official Rules or the final Winner’s Name, visit the Contest Page or http://www.wncn.com or mail a SASE to: Allen Kelly Birthday Bash c/o WNCN, 1205 Front Street, Raleigh, NC 27609, specifying either “Winner’s Name” or “Official Rules.” Winner’s Name will be available after September 10, 2017.