- NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The March 2 The Top Instagram Contest (the “Contest”) is sponsored by Young Broadcasting of Nashville LLC. d/b/a WKRN-TV News 2 (“WKRN”) and Old Hickory Credit Union (collectively, the “Contest Entities”). This Contest is offered only in the Kentucky counties of Allen, Barren, Christian, Clinton, Cumberland, Logan, Monroe, Muhlenberg, Simpson, Todd, Trigg, Warren, and the Tennessee counties of Bedford, Benton, Cannon, Carroll, Cheatham, Clay, Coffee, Cumberland, Davidson, Decatur, DeKalb, Dickson, Fentress, Franklin, Giles, Grundy, Hardin, Henry, Hickman, Houston, Humphreys, Jackson, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Montgomery, Moore, Morgan, Overton, Perry, Pickett, Putnam, Robertson, Rutherford, Scott, Smith, Stewart, Sumner, Trousdale, Van Buren, Warren, Wayne, White, Williamson and Wilson (the “Contest Area”). Void outside Contest Area and where prohibited.
- Contest is subject to all federal, state and local laws. WKRN shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, Winning School selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, each contestant irrevocably, fully and unconditionally agrees to be bound by these Official Rules and the decisions of WKRN and waives any right to claim ambiguity in these Official Rules and or any other Contest-related advertising or materials.
- This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Entrants are providing information to WKRN and not to Instagram or Facebook. The information you provide will only be used for administration of the Contest and as otherwise set forth in these Official Rules. Any questions that you have about this Contest must be directed to WKRN and not to Instagram or Facebook.
- Contest begins on August 31, 2015. Final entry deadline is October 22, 2015 at 3:00 p.m. Central Time (“CT”). Finalists will be selected each week based on the number of “likes” received and announced each Friday, beginning on September 4, 2015 and ending on October 22, 2015. Winning Schools will be announced on or about November 6, 2015. WKRN’s computer is the official time-keeping device for this Contest.
- Contest is open only to school-recognized/sanctioned or official school marching bands (“Bands”) affiliated with eligible high schools (“Schools”) located in Contest Area. Bands must be already in existence as of August 31, 2015 and not established on an ad hoc basis for the purpose of participating in this Contest. Eligible Schools include only public, private, charter or home schools that include all of grades 9-12 or that otherwise are designed for the education of students are pursuing academic curricula intended for traditional grades 9-12 or the equivalent and have football teams and marching bands. Entries must be submitted by the music director or other school administrator (the “Representative”) employed by the corresponding School.
- Grand Prize (1): $2,000 payable via company check or equivalent. Approximate Retail Value (“ARV”): $2,000.
- First Runner-Up Prize (1): $1,000 payable via company check or equivalent. ARV: $1,000.
- Second Runner-Up Prize (1): $500 payable via company check or equivalent. ARV: $500.
- All prize details shall be at WKRN’s sole discretion. Each Winning School assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any).
- Cash prizes will be awarded in the name of the Winning School and are intended for use towards the needs of the Winning School’s music department but are subject to the sole discretion of the Winning School’s administration.
- The right to receive a prize is non-assignable and non-transferable. Prizes may not be substituted except that WKRN 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. Any portion of any prize not accepted by any Winning School is forfeit and no cash substitute will be offered or permitted.
- Contest entries will be accepted beginning August 31, 2015 at 6:00 a.m. CT and ending October 22, 2015 at 3:00 p.m. CT. (Public voting is contemporaneous with entry period so you should enter as early as possible).
- To enter, the Band first must record a video (maximum fifteen seconds (:15) run-time) addressing the theme “Best of Your Band” (your “Video”). We recommend that you use the entire fifteen seconds (:15). Then the Band’s Representative must post the Video to Instagram via the Representative’s or School’s Instagram account along with the name of the Band and the hashtag #march2thetop.
- There will be seven (7) weekly contest entry periods that begin on Monday at 6:00 a.m. and end on Thursday at 3:00 p.m. CT (each a “Weekly Contest Period”). The first Weekly Contest Period begins on August 31, 2015 and the last Weekly Contest Periods begins on October 16, 2015. Non-winning entries will not carry forward to subsequent Weekly Contest Periods.
- Limit one (1) entry per Band and per School per Weekly Contest Period. Entries received from any such Band or School thereafter will be subject to disqualification. The use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, identities, registrations, Instagram accounts or logins) to enter is prohibited and may result in the disqualification of all entries submitted by that School.
- To be considered during a particular Weekly Contest Period, entries must be received no later than 3:00 p.m. CT on the Thursday of that Weekly Contest Period. Final entry deadline is October 22, 2015 at 3:00 p.m. CT. Proof of sending is not proof of receipt by WKRN. WKRN will not accept screen shots as proof of entry.
- Contest Entities are not responsible for, and contestants assume all risk of, entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, illegible, or containing errors or if for any reason they are not received by WKRN prior to the stated deadline, and all such entries are void. Entries that fail to include any of the information required above may be disqualified without further notification by WKRN. WKRN 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. Entries become the property of WKRN and will not be returned or acknowledged.
- WKRN is not responsible for electronic communications that cannot be delivered due to incorrect or out-of-date information provided by any Band or that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of an entry based on an Instagram account, the winning entry will be declared submitted by the Authorized Registered User of the Instagram account used at time of entry. “Authorized Registered User” is defined as the person who is assigned to the Instagram account by Instagram.
- All Videos must satisfy the following Submission Requirements:
- Videos must be original to the Band (not copied, adapted, or reproduced from any other source and not collaboration with any other person). In other words, only the Band who created the Video is permitted to submit it in this Contest.
- The maximum run-time for each Video is fifteen seconds (:15). Videos may be in any file format supported by Instagram.
- The Band must have all appropriate or necessary permissions, licenses or rights to any music, sounds, choreography, video, imagery, or other intellectual property in the Video to submit the Video in this Contest, post it at Instagram and perform it for broadcast on WKRN, if applicable.
- Any person who is identifiable in your Video must have given you permission to be so identified and you must be able to provide WKRN with written confirmation of permission if requested.
- Videos must not describe or depict any obscene, provocative or otherwise inappropriate content or any person’s privacy or other rights.
- By submitting a Video, you warrant that (a) the Video is original to and created solely by the Band and was not copied, in whole or in part, from any work belonging to anyone else, (b) the Video does not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties, (c) any and all persons identified in the Video have agreed to be so identified in this Contest; (d) the Band is legally entitled to submit the Video in the Contest and to grant to WKRN all of the rights referenced herein; (e) the distribution, reproduction, display and any other uses of the Video by WKRN as permitted herein will not infringe any third party rights, including those of any person who is identifiable in the Video; and (f) the entry complies with these Official Rules, including all eligibility requirements. Each School agrees to indemnify and hold harmless Contest Entities, their respective parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, 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 the School’s Band of these Official Rules or the breach of the warranties and/or representations made by Representative pursuant to these Official Rules.
- By submitting a Video, the Band expressly grants to WKRN (and to those acting on WKRN’s behalf) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to the Video) to display or otherwise use the Video and any entry information provided with your entry on http://instagram.com/wkrntv (the “Contest Page”) and any related sites in connection with this Contest and to stream the Video through the Instagram API or otherwise use the entry as set forth herein.
- In the event that any claim of unauthorized use of any content contained within the Video is made to WKRN by any third party, WKRN reserves the right to immediately terminate access to the Video if applicable and/or disqualify the related entry.
- WKRN may disqualify any Video that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste and disqualify the accompanying entry at any time during the Contest, even if the entry has already been selected as a potential Finalist or Winning School during Public Voting. You agree that WKRN has the sole discretion to decide whether any Video satisfies these Official Rules and that its decisions are final. WITHOUT LIMITING THE FOREGOING, WKRN RESERVES THE RIGHT RESERVES THE RIGHT NOT TO CONSIDER, AND TO DISQUALIFY ANY ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE. ALL DECISIONS OF THE WKRN ARE FINAL.
SELECTION OF FINALISTS
- Each Weekly Contest Period begins on Monday at 6:00 a.m. CT and ends on Thursday at 3:00 p.m. CT. During each Weekly Contest Period, any Instagram users who view the Videos may “like” their favorite Videos (the “Public Voting”), subject to the restrictions below (the “Voting Restrictions“).
- Only those “likes” received by Thursday at 3:00 p.m. CT during a Weekly Contest Period will be considered in determining the relevant Finalist for that Weekly Contest Period. WKRN will not accept screen shots as proof of voting or “liking” a Video. WKRN is not responsible for “likes” that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, illegible, or containing errors or if for any reason they are not completed or received prior to the stated deadline, and all such “likes” are subject to disqualification. WKRN reserves the right in its sole discretion to disqualify any “like” at any time that in its opinion does not comply with these Official Rules.
- At the conclusion of each Weekly Contest Period, WKRN will determine the number of “likes” received by each Video. Subject to verification of eligibility, the Band whose Video receives the most “likes” during the relevant Weekly Contest Period will be declared a Finalist. In the event of a tie for any Finalist, the Public Voting will be extended by one or more thirty (30) minute periods until the tie is broken. WKRN reserves the right to declare fewer than the stated number of Finalists if it does not receive a sufficient number of eligible and properly submitted entries.
- Each Finalist will be featured on WKRN’s Nashville’s News 2 at 6:00 a.m. in a segment to be shot live or taped for broadcast by Nashville’s News 2’s news crew and in WKRN’s sole discretion during a pep rally or other similar event at the Finalist’s School on the Friday during the week following the Finalist announcement (a “Finalist Segment”).
- Each Finalist also will be eligible for the Final Round and the opportunity to win the Grand Prize, First Runner-Up Prize, or Second Runner-Up Prize. Limit one (1) Finalist slot per School. Finalist Segment has no cash value and is subject to the sole and absolute discretion of WKRN and all WKRN policies. Contest Entities will not be responsible for breaking news preemption, weather, acts of God, acts of terrorism, civil disturbances, strike, work stoppage, natural disaster, technical malfunctions, scheduling conflicts, or any other events or occurrences that may result in the cancellation or postponement of any Finalist Segment.
SELECTION OF WINNERS
- To be considered during the final week of Public Voting (the “Final Round”), Finalists will be required to e-mail their winning Videos and entry information to email@example.com after October 19, 2015 at 6:00 a.m. CT and no later than October 22, 2015 at 3:00 p.m. CT. (Please note that Public Voting is contemporaneous with the Final Round so Finalists should send their winning Videos as early as possible).
- All timely and properly forwarded Finalist Videos will be displayed at the Contest Page during the Final Round, which begins on October 30, 2015, at 6:00 a.m. CT and ends on November 5, 2015 at 3:00 p.m. CT. During the Final Round, Instagram users may view and “like” their favorite Finalist Videos using the same Public Voting process described above and subject to the Voting Restrictions below.
- At the conclusion of the Final Round, WKRN will determine the number of “likes” received by each Finalist. Subject to verification of ongoing eligibility and compliance with these Official Rules, the three (3) Finalists whose Videos receive the most “likes” will be declared the Winning Schools. In the event of a tie for any Winning School, the Public Voting will be extended by one or more thirty (30) minute periods until the tie is broken. WKRN reserves the right to select fewer than the stated number of Winning Schools in the event of an insufficient number of eligible and properly submitted Finalist entries.
- All Public Voting is subject to the following Voting Restrictions: The use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar methods or agents or multiple Instagram accounts or log-ins to “like” a Video is prohibited and may result in the disqualification of all “likes” received through that method and/or from that person.
- Representatives, Bands and other participants are prohibited from obtaining or soliciting “likes” by offering (or encouraging others to offer) prizes or other inducements to members of the public, vote farming, vote purchasing, vote exchanging or swapping, or by engaging in any other activity that artificially inflates the number of “likes” received as determined by WKRN in its sole discretion. Without limiting the foregoing, WKRN reserves the right to determine in its sole and absolute discretion whether any “likes” are invalid and to disqualify any suspect or irregular “likes” and/or “likes” generated by a robotic, programmed, script, macro, other automated means or source or by the use of multiple e-mail addresses, Instagram accounts, or log-ins.
- WKRN will not accept screen shots as proof of “likes.” WKRN is not responsible for “likes” that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, illegible, or containing errors or if for any reason they are not completed or received prior to the stated deadline, and all such “likes” are subject to disqualification. WKRN reserves the right in its sole discretion to disqualify any “like” at any time that in its opinion does not comply with these Official Rules.
- Regardless of the results displayed on the Contest Page or “leader board,” no contestant will be a “Finalist” or “Winning School” until the results have been confirmed by WKRN and its decisions shall be considered final and binding in all results.
NOTIFICATION AND VERIFICATION
- WKRN will contact each potential Finalist and Winning School in accordance with the information supplied to WKRN by their Representatives. Each potential Winning School or Finalist must respond to initial notification within twenty-four (24) hours and its Representative may be required to present valid photo identification, signed affidavit or declaration of eligibility, liability release, publicity release (where legal), tax forms and/or other legal documents to WKRN no later than three (3) days after initial notification. WKRN in its sole discretion may allow transmission of verification documents via fax or e-mail.
- In the event that any potential Finalist or Winning School (a) cannot be contacted directly by WKRN within twenty-four (24) hours after initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, WKRN in its discretion may disqualify that individual and an alternate Finalist or Winning School will be selected as soon as reasonably practicable using the applicable previously described selection criteria. Any alternate Finalists and/or Winning Schools are subject to all eligibility requirements and restrictions of these Official Rules. No more than two (2) attempts to verify an alternate Finalist or Winning School for any prize will be made. If an alternate Finalist or Winning School cannot be verified after two (2) attempts, WKRN reserves the right not to make further attempts, in which case the number of Finalists will be reduced or the prize will not be awarded, as applicable.
- WKRN may, in its sole discretion, post the names of the verified Finalists and/or Winning Schools on the Contest Page and/or any of WKRN’s websites, including http://www.wkrn.com
- By accepting the opportunity for consideration during the Final Round or by accepting a prize, each Finalist and Winning School agrees to award WKRN the right to publicize information pertaining to the Finalist or Winning School and Band, including names, photographs (including the use and appearance of photographs on WKRN’s web page), likenesses, biographical information, e-mail addresses, voices and details of winning (if applicable) for purposes of this and future promotions without further compensation, except where prohibited, and to provide written consent relating to such rights as requested by WKRN.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
- By entering or participating in any way in the Contest or by accepting a prize, you hereby agree that Contest Entities, Instagram, Facebook, and a range of parent companies, subsidiaries, directors, agents, agencies, affiliates, distributors, retailers, franchisees, promoters, officers, directors, employees, and all of their respective advertising and promotional agencies, representatives, contractors and related persons (collectively, “Released Parties”):
- 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 entries or “likes” that for any reason are not received by WKRN by the deadlines stated above;
- are not responsible for any incorrect or inaccurate information, whether caused by contestants or other persons, or by 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 announcement of the Finalists or Winning Schools;
- are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in any part of this Contest or of downloading of any software or materials;
- are not responsible for unauthorized human intervention in any part of the Contest, including without limitation, the contest entry or public voting process;
- are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the processing of entries, the uploading and/or display of Videos, the receipt or tabulation of “likes,” the announcement of the Finalists or Winning Schools, the prizes or otherwise in any Contest-related materials;
- are not responsible for any unauthorized third party use of any entry (including any Video);
- are not responsible for the inability to select Finalists or Winning Schools because of postal failure, equipment failure, or data storage failure;
- are not liable for any costs of verification or redemption or travel to redeem any prize or for any damages (including attorney’s fees and costs) that might arise from redeeming or seeking to redeem any prize (including any travel related thereto); and
- are released 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 expert fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating and/or voting in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials (including Videos) during or after the Contest, and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize.
- RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND 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 THE Prizes. 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 Prizes OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE Contest Page OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
- BY ENTERING OR VOTING IN THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF any prize, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY (INCLUDING ANY VIDEO), PARTICIPATION IN THE CONTEST IN ANY WAY, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
- SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
- WKRN reserves the right to cancel, terminate or suspend this Contest or any part of this Contest in the event that WKRN 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 WKRN’s control. In such event, WKRN will post notice of same at the Contest Page and determine Finalists and/or Winning Schools as applicable from among all non-suspect eligible entries received at the time of the Contest termination in accordance with previously described selection process if possible or in such other method as WKRN, in its sole discretion, deems fair and appropriate under the circumstances.
- WKRN reserves the right to prohibit any person from further participation in any part of the Contest (including the Public Voting) if WKRN concludes, in its sole discretion, that such person has (a) attempted to tamper with the entry process, the public voting process or the operation of the Contest in any other way, (b) has colluded to unfairly affect the outcome of the Contest, (c) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (d) has acted towards WKRN or any other contestant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter or “like” a Video more than the number of times permitted herein, including through the use of any prohibited device or method, or to attempting to obtain or solicit “likes” using any prohibited device or method. Any failure by WKRN 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 WKRN RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT
- All activity arising out of and relating to the Contest, including any reference to a School’s status as a “Finalist” or “Winning School” is subject to verification and/or auditing for compliance with the Official Rules. If WKRN determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or Band with the Official Rules, WKRN reserves the right to disqualify the relevant entry and School at any time. Each Representative agrees to cooperate with WKRN and its representatives in connection with any and all verification and auditing activities.
- WKRN 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. In the event that 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, WKRN reserves the right to award only the stated number of prizes by selecting the Winning Schools from all legitimate, un-awarded, eligible prize claims in accordance with the previously announced selection process.
DISPUTES & INTERPRETATION
- By entering, voting or otherwise participating in any way in the Contest and/or accepting a prize, you 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 or voting in the Contest but in no event attorneys’ fees; and (c) you will not under any circumstances be permitted to obtain any award for, and you voluntarily and freely waive all rights to claim any such award for, punitive, incidental or consequential damages or any and all rights to have damages multiplied or otherwise increased, or any other damages other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
- By entering, voting or otherwise participating in any way in the Contest and/or accepting a prize, you further agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the contestants, participants and/or Released Parties in connection with the Contest, shall be governed by Tennessee law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Tennessee, and you expressly 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 Davidson County, Tennessee, and you 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 entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
- In the event that 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.
Winning Schools’ List/OFFICIAL RULES COPY
- For a copy of the Official Rules or the final Winning Schools’ List, visit http://www.wkrn.com/contests or mail a self-addressed stamped envelope to: “March 2 The Top Instagram Contest” c/o WKRN, 441 Murfreesboro Road, Nashville, TN 37203, specifying either “Winning Schools’ List” or “Official Rules Request.” Winning Schools’ List will be available after November 7, 2014.
- Neither Instagram nor Facebook are sponsors of this Contest. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of 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 Contest.