1.NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. Void where prohibited or otherwise restricted by law. all entrants of this sweepstakes also subject to wilks broadcasting GENERAL CONTEST RULES. SEE ADDENDUM “A”
2.ELIGIBILITY: The “KCWE Carrie Diaries New York Flyaway Texting Sweepstakes ” (“Sweepstakes”) is open only to legal U.S. residents of Missouri and Kansas who are eighteen (18) years of age or older at the time of entry. Employees of Hearst Stations Inc., KCWE, KMBC-TV, The Hearst Corporation, Hearst Television Inc., KMXV-FM, Wilks Broadcasting, The CW Television Network, and each of their successors, parent companies, subsidiary companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their officers, directors, employees, shareholders and agents (collectively, “Sweepstakes Entities”), and members of such employees’ immediate families and individuals living in the same household with such employees, are not eligible to participate. “Immediate family” members include parents, children, spouses, siblings, and in-laws.
3.HOW TO ENTER and HOW TO WIN:
All dates and times are subject to change in the event of human error or technical issues affecting KCWE, the entry process, or relevant on-air programming or in the event of breaking news, weather, or live event that merits, in KCWE’s sole discretion, the preemption of the scheduled programming, including the Sweepstakes or display of the Keyword, or that is of greater public importance, in KCWE’s sole discretion, than the timely or precise execution of the Sweepstakes. In the event of any such event, condition, or programming change or preemption, KCWE reserves the right, in its sole discretion, to delay, reschedule, or omit the presentation of the Keyword and/or the Entry Period on or from the particular night affected. The Sweepstakes will begin on Monday, Jan 14, 2013, at 7:00 p.m. CT and end on Monday January 29, at 2:00 a.m. CT. There will be three (3) separate entry periods during the Sweepstakes. Entry period one will be January 14, 2013 from 7:00p to 2:00a on January 15, 2013 CST. Entry period two will be January 21, 2013 from 7:00p to 2:00a on January 22, 2013. Entry period three will be January 28, 2013 from 7:00p to 2:00a on January 29, 2013. To participate, watch KCWE during the Sweepstakes between the hours of 7:00 p.m. and 8:00 p.m. (CT), November 14, 21, and 28, 2013. During the Sweepstakes, between the hours of 7:00 p.m. and 8:00 p.m. (CT), a “Keyword” will be announced or displayed sometime during programming (including breaks) aired on KCWE. Viewers must watch for the Keyword, because knowledge of the Keyword is necessary in order to submit an eligible entry. There are two ways to enter:
A. Text Message Entry Method. After the Keyword is announced or displayed during programming on KCWE during the period of time specified above, participants may enter the Sweepstakes by sending a text message to 57436 with the Keyword in the body of the message. All entrants entering via the text message entry method must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes. Entrants entering by the Text Message Entry Method will be sent a text message to confirm entry into the Sweepstakes. Entrants entering by text will be charged standard text messaging rates for text messages sent from and received by their handset according to the terms and conditions in their wireless calling plan. Text messaging and wireless service are not available in all areas. By entering via text messaging, entrants agree and will automatically subscribed to receive up to four (4) text messages consisting of offers, programming alerts or promotion from KCWE or one of KCWE advertising. Message and dates may apply. Entrants may opt out of receiving these additional by texting the word STOP to 57436.B. Web Entry Method. After the Keyword is announced or displayed during programming on KCWE during the times specified above, participants may enter the Sweepstakes by logging onto http://www.kmbc.com/kcwetv and entering and submitting the Keyword, your name, age, valid email address, and telephone or mobile phone number. Internet access is required to enter via the Web Entry Method.
By entering the Sweepstakes, all entrants acknowledge receipt of, agree to, and certify compliance with these Official Rules. Limit two total entries per person per day (one text message entry, one web entry), during the Sweepstakes.
On or about January 30, 2013, KCWE will randomly select one entry from among all eligible entries received during that particular entry period. After the selection is made, the telephone number and/or contact information for the entrant from that particular entry period will be given to KMXV personnel. Whereupon, said KMXV personnel will contact the qualifying entrant from that particular entry period. Following successful contact with the entrant, said entrant will be deemed a finalist for the Grand Prize pack (see below). KMXV reserves the right to qualify additional finalists beyond KCWE-TV’s texting system and the scope of this sweepstakes, and are subject to KMXV’s rules (See Addendum “A”) The Grand Prize pack winner will be drawn by KCWE personnel from all qualified finalists. Winner is subject to KCWE verification, Limit: one prize during this Sweepstakes.
4.PUBLICITY RELEASE: Except where prohibited, entry in the Sweepstakes constitutes each entrant’s consent to Sweepstakes 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 name, city, photograph, likeness, voice, image, each in perpetuity without further compensation, credit or right of review or approval.
5.PRIZES: A total of one (1) Grand Prize Packs will be offered during this Sweepstakes. Winner is subject to verification.The Prize Pack consist of: Grand Prize: Airfare and hotel accommodations for one (1) winner and one (1) guest via Delta Vacations vouchers. Vouchers valid for one year, and redeemable for airfare and hotel accommodations in accordance with Delta Vacation voucher destinations, guidelines and procedures. The winner will book a trip directly through Delta Vacations. Some restrictions may apply, full details available at http://www.deltavacations.com/. KCWE-TV and KMXV-FM are not responsible for securing flight reservations or hotel accommodations. Vouchers are non-transferable. Winner and guest are responsible for all incidentals, including ground transportation, taxes not related to accommodations, gratuities, food and beverages, long distance telephone (in room), parking, other miscellaneous expenses (in room movies, room service, etc.) Winner will receive vouchers good for two (2) $400 airfares, and one (1) voucher redeemable for $600 toward hotel expenses. Winner may also receive one (1) $200 American Express gift card (provided by the CW Television Network) to cover miscellaneous travel expense Approximate Retail Value of Grand Prize Package is $1600.00
Grand Prize does not include ground transportation, parking, food, beverages, souvenirs, taxes, or any other cost, expense, fee or charge that is not expressly described herein. Grand Prize is non-transferable by winner. No cash redemption or prize substitution allowed by Prize Winner. KCWE reserves the right to substitute a prize of equal or greater value if the Prize or any component thereof is unavailable and/or undeliverable for any reason.
6. ODDS: Odds of winning depend upon the number of eligible entries received during the Entry Period.
OFFICIAL RULES: Official Rules may be obtained by (i) logging onto http://www.kmbc.com/kcwetv, or (ii) by sending a self-addressed, stamped envelope to KCWE, KCWE and Mix 93.3 Carrie Diaries New York Flyaway Texting Sweepstakes, 6455 Winchester Ave., Kansas City, MO 64133, or (iii) picking up a copy of the official rules at the KMBC/KCWE studios during normal business hours (8:30 a.m. to 5:30 p.m. Monday though Friday). Rules requests must be received by 5:30 p.m. on January 24, 2013.
6.OTHER CONDITIONS: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, interruption in wireless calling devices or wireless service, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, human error, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries pursuant to these Official Rules, or (c) the Sweepstakes becomes corrupted due to wireless calling/text message carrier service interruption for any reason (d) the Sweepstakes is otherwise not capable of running as planned. By entering, entrants agree to release and hold harmless the Sweepstakes Entities and each of their parent, subsidiary companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their officers, directors, employees, shareholders and agents, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance, delivery or use of any prize. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling/text message carrier service, interrupted or unavailable network, server or other connections (ii) failure of any entry to be received in whole or in part by Sponsor due to technical problems, telephone service problems, human error or traffic congestion on the Internet or at any website, or wireless calling/text message carrier service (iii) communications line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service (iv) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, misdirected, illegible, and/or unintelligible (or any combination thereof). By entering, entrants agree to comply with these Official Rules and with all decisions of Sponsor. Any entrant who attempts to tamper with this Sweepstakes in any way shall be disqualified if detected. In the event of dispute as to who submitted an online entry, the entry will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. In the event of dispute as to who submitted a text entry, the entry will be deemed submitted by the subscriber of the wireless service plan for the handset that was used to submit the entry. Additional restrictions may apply.
7.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 sponsors 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 Rules and for this Sweepstakes. 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.
8.WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope by March 1, 2013, to: KCWE Carrie Diaries New York Flyaway Texting Sweepstakes Winner, 6455 Winchester Ave., Kansas City, MO 64133.
9.SPONSOR: KCWE-TV, 6455 Winchester Avenue, Kansas City, MO 64111.
GENERAL CONTEST RULES
508 Westport Road, Suite 202 Kansas City, MO 64112
NO PURCHASE NECESSARY.
1. Wilks Broadcasting (KFKF, KMXV, KBEQ and KCKC) contests are open to all listeners who reside in Missouri or Kansas and are at least 18 years of age. By participating in the contest you understand that a purchase is NOT required for entry nor does it increase chances of winning. By entering this contest you are giving Wilks Broadcasting permission to contact you via telephone, email or mail you concerning your entry despite any inclusion of a listeners name on a "do not call"/contact registry or list. Listeners understand that if contacted by any sponsor listed or named in conjunction with a contest that the listener may opt out of any telephone, email or mail communication/solicitation at any time.
2. Employees of KFKF, KMXV, KBEQ and KCKC (the station), its licensee, its corporate parent Wilks Broadcasting, participating sponsors/promotional partners, affiliated advertising agencies, other radio stations in the Kansas City Metro Area and members of their immediate families are ineligible to participate or win.
3. Listeners are eligible to win a KFKF, KMXV, KBEQ or KCKC contest once every thirty days (unless prize is judged by the station to be insignificant) and a prize valued at $600 or more once every 365 days. Only one winner per household is permitted in any contest.
4. All entries become the property of the Station and will not be acknowledged or returned. Entries received that are mutilated, tampered with, illegible, and incomplete or from ineligible entrants may be disqualified in Station’s sole discretion. Entries that are determined to be fraudulent will be void, and the person making such an entry or suspected of fraud or tampering with any contest (including, without limitation, use of automated entry or voting mechanisms) may be barred from further participation in that contest and, in Station’s sole discretion on a case by case basis, banned from any future participation in any Station contest.
5. By participating in the contest, the winner or winners agree to have their name, voice or likeness used in any broadcasting or advertising material without additional financial or other compensation, or to sign a publicity release prior to acceptance of the prize.
6. WARNING: Online listeners to streamed broadcasts may experience a lag in transmissions due to buffering limitations. Contest Participants should not rely on streamed broadcasts.
7. For any contest that requires entrants to answer questions, submit materials or perform in some other manner, the decision of the Station will be final as to all matters.
8. For contests requiring notification to entrants, qualifiers, finalists or winners, if the Station did not have actual contact in which the necessary information was communicated, then Station will only be required to leave one telephone message, send one text or send one email to the number or email address provided in the entry form or provided at the time that the station collected the winner’s information. If no answer or answering machine is reached, Station will not be obligated to attempt any further contact.
9. For social network contests, Station will only be required to contact the winner via the social network account. If the entry provided a telephone number or email address, the Station may contact the winner via phone or email.
10. In certain contests, qualifying winners may also be automatically entered into a random grand prize drawing or other grand prize winner determination, as announced. In such event, the location, date and/or time of such grand prize drawing/event will be announced by Station. The location of such drawing may be at the Station’s studios or may be at a location to be announced.
11. WARNING: For call-in contests, entrants will be asked to call in on a designated telephone line at a particular time or times. Station and its sponsors are not responsible for any technical difficulties, malfunctions or errors (whether technical or typographical) experienced due to overload, busy signals, loss of phone service, internet availability, telephone or other connections that may occur during the course of contest
12. With respect to certain contests, Station may elect to post certain information not available to the general or listening public about ongoing contests on its website, Club member pages, or Social Network Site pages or may elect to communicate such information via email, sms, text message, or social network posting (i.e. Twitter) to a limited group of people (for example, twitter followers, facebook friends, or members of Station’s email, internet or texting clubs). Such information may include, without limitation, dates and time ranges when a contest song or sounder may be played, lists of correct or incorrect answers received, and/or contest reminders. In such events, no purchase will be required to obtain such information but Station may require that persons eligible to receive such extra information be members of certain Station Clubs or third party Social Network Sites. Station will have no obligation to make such information available to all potential contestants and Station will not be obligated to announce that it is or how it is making such additional information available, unless required by law. While such additional information may increase the chances that a recipient will know when to listen or what the correct or incorrect answers may be (which information may not be available to non-recipients), there will be no advantage in the mode of entry by obtaining (or not obtaining) this additional information (for example, there will be no advantage in being the 10th caller, etc…).
13. In no event will any "deal-making" in connection with a contest between participants or third parties be permitted.
14.Contestants may not violate any federal, state or local laws and may not harm or endanger themselves or other persons or property in connection with a contest. If Station deems that a contestant, participant or any winner may have created a public hazard, cheated, engaged in improper or illegal activity, caused interference with or destruction of property and/or utilized public safety resources, such contestant / winner may be disqualified in Station’s sole discretion.
15.Notwithstanding anything to the contrary in these rules, Station cannot guarantee that it will be able to view all entries and/or required entry submissions (essays, photos, videos, etc…) submitted from a technical perspective, even if sent in the appropriate formats required. In the event that Station is not able to view any entry or entry materials submitted for any technical reason whatsoever, that entry may be disqualified (without notice to the entrant) and Station will have no liability or obligation to such entrant with respect to the disqualified entry.
16.Station reserves the right to (but not the obligation) to post some or all entry information and/or materials on the Station’s website, in whole or in an edited form (in Station’s discretion), as a "featured" entry. Having your entry posted and/or "featured" does NOT mean that the entrant has won or is likely to win in that contest. The decision to post or "feature" any such entries is for entertainment purposes only and is not part of the winner selection process in the contest.
17. Decisions of the station management with respect to contests are final.
18.Notwithstanding anything to the contrary herein or stated on-air, no person will be entitled to receive any prize until after their eligibility has been confirmed or accepted by Station and all required paperwork (including, without limitation, liability release agreements) have been completed by the pending winner within the required deadlines.
19.All prizes awarded must be picked up at the Station’s studios at 508 Westport Road Suite 202, Kansas City, MO 64111 during normal business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday (excluding Holidays), unless otherwise specifically directed by Station.
20.Prizes will not be mailed, unless otherwise determined by the Station.
21.Prizes not claimed within thirty (30) business days of being advised by Station that the prize is available for pick-up, or in the case of a time sensitive prize, within its period of usability if shorter than 30 business days, shall be considered forfeited (without notice to the winner) and will become property of Station. Such prize may be disposed of at the discretion of Station Management.
22.Prizes will be released to winners or another person (at managements discretion) with a copy of one of the required legal IDs and a signed letter stating that the person is allowed to pick up the prize on their behalf.
23.Winners are required to present a valid United States state or federal photo ID and valid social security number in order to pick up any prize. Winners may be required, in Station’s sole discretion, to sign one or more liability release agreements relieving the Station, its parents, subsidiaries, officers, directors, members, managers, employees, agents, contest sponsors and others from any and all liability with respect to the contestant’s participation in the contest and the receipt and/or use of the prize. Any person who refuses to sign the Release and/or provide a social security number or complete or provide any other documents required by the Station by the deadline required by Station will forfeit any and all prizes.
24.Station reserves the right to substitute a prize of equal or greater value for all contests and giveaways. Non-cash prizes are not redeemable for cash. No transfer or assignment of prizes is allowed, except as may be determined by Station in its sole and absolute discretion on a case by case basis.
25.Winners are prohibited from selling any prize awarded or transferring any prize without Station’s authorization (which authorization must be in writing by a Station representative and shall be granted or withheld in Station’s sole discretion on a case by case basis). In the event that Station discovers or suspects (correctly or incorrectly) that a winner is attempting to sell his/her prize from Station (i.e., ebay, craigslist or otherwise), Station reserves the its sole discretion, on a case by case basis to take any one or more of the following actions: (a) immediately disqualify the winner and deem any prize they were otherwise entitled to as forfeited, (b) refuse to award the prize to such winner, even if he/she represents that they will not resell or transfer the prize, and/or (c) prohibit the violating winner from participating and/or winning any future Station contests (whether for a fixed period of time or in perpetuity, in Station’s sole discretion) and if such winner ever wins a future Station contest during the period that he/she is banned, he/she shall be disqualified from the contest and forfeit any prize once it has come to Station’s attention. Further, Station reserves the right to track and/or cancel and invalidate any prize awarded that Station suspects was sold or transferred without authorization.
26.Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the prize, as set forth in the contest rules, and may be issued an IRS 1099 form for all prizes won from Station where the aggregate value of all prizes is $600 or more in any calendar year.
27.Odds of winning depend on the how the contest is conducted. For random drawings, the odds of winning will depend upon number of entries received. For
contests in which winners are qualified for a grand prize drawing, odds will depend on the total number of qualifiers.
28.By participating in a Station contest, entrants hereby agree and each entrant hereby remises, releases and forever discharges and agrees to indemnify and hold harmless Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, contest, and/or event arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise caused by Station, its affiliates, parents, assigns, successors, employees, sponsors, agents and all others connected with them and the promotion, contest, and/or event.
29.Information collected by Station in connection with entering, voting or otherwise participating in any Station contest may be shared with sponsors of particular contests.
30.Station contests are subject to all applicable laws and regulations and are void where prohibited.
31.Station reserves the right to: (i) terminate or declare any Contest null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the Contest; (ii) alter or amend these Contest rules at any time; and (iii) stop or conclude the Contest at any time without prior notice. Material changes to the contest rules will be broadcast on-air, when practical.
32.These are general contest rules, and rules for individual contests may vary. To the extent that any specific contest rules differ from these rules, the specific contest rules will govern and control.