1. NO PURCHASE IS NECESSARY TO VOTE. The March 2 The Top 2016 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 WKRN viewing area within 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.
2. 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, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By participating in any way in this Contest, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and the decisions of WKRN and waive any right to claim ambiguity in these Official Rules.
3. This Contest is executed on http://www.wkrn.com/march2thetop (the “Contest Page”).
ENTRIES & PUBLIC VOTING
4. Contest entries are by invitation-only and no additional entries will be accepted. The contestant bands (each a “Band”) and video submitted by each Band (each a “Video”) on behalf of its school will be announced and posted on the Contest Page on or before August 19, 2016.
5. Public voting of the Videos to select the winning schools (the “Winning Schools”) will be conducted from approximately August 19, 2016 at 12:01 a.m. Central Time (“CT”) until October 28, 2016 at 3:00 p.m. CT (the “Public Voting”).
6. During the Public Voting, any visitors to the Contest Page (collectively referred to as “Voters”) may view and vote for their favorite Video, subject to the restrictions below (the “Voting Restrictions”). WKRN’s computer is the official time-keeping device for this Contest.
7. At the conclusion of the Public Voting, WKRN will tabulate the number of votes received by each Video. Subject to verification of eligibility, the three (3) schools represented by the Bands whose Videos receive the most votes during the Public Voting will be declared the winners of the Grand Prize, First Runner-up Prize and Second Runner Up Prize.
8. In the event of a tie for any prize, the Public Voting will be extended for the tied Videos 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 Winning Schools if it does not receive a sufficient number of eligible and properly submitted entries.
9. Only those votes received by during the Public Voting will be considered in determining the Winning Schools. WKRN will not accept screen shots as proof of voting or for voting for a particular Video. WKRN reserves the right in its sole discretion to disqualify any vote or Voter at any time that in its opinion does not comply with these Official Rules.
10. Contest Entities are not responsible for, and participants assume all risk of, votes 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 votes are subject to disqualification.
11. You may only vote once per day. Additional votes received from any such person thereafter will be subject to disqualification. The use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar methods or agents or multiple log-ins to vote for a Video is prohibited and may result in the disqualification of all votes received through that method and/or from that person.
12. All participants are prohibited from obtaining or soliciting votes 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 votes 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 votes are invalid and to disqualify any duplicate, suspect or otherwise invalid votes. Multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or source or by the use of multiple accounts, or log-ins will be considered invalid.
13. Regardless of the results displayed on the Contest Page or “leader board,” no contestant will be a Winning School until the results have been confirmed by WKRN and its decisions shall be considered final and binding in all results.
14. Three (3) cash prizes (payable via company check or equivalent) awarded to the Winning Schools:
a. Grand Prize (1): $2,000;
b. First Runner-Up Prize (1): $1,000; and
c. Second Runner-Up Prize (1): $500.
15. The Band representing the Grand Prize Winning School may 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 Grand Prize Winning School (the “Winning Segment”).
16. The Winning 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 the Winning Segment.
17. WKRN may, in its sole discretion, post the names of the verified Winning Schools on the Contest Page and/or any of WKRN’s websites, including http://www.wkrn.com.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
18. By entering or participating in any way in the Contest or by accepting a prize, you hereby agree that Contest Entities 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”):
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, 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 votes that for any reason are not received by WKRN by the deadlines stated above;
b. are not responsible for any incorrect or inaccurate information, whether caused by any Bands, Voters, or other participants or 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 administration of this Contest, or in the announcement of the Winning Schools;
c. 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;
d. are not responsible for unauthorized human intervention in any part of the Contest, including without limitation, the Public Voting;
e. 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 votes, the announcement of the Winning Schools, the prizes or otherwise in any Contest-related materials;
f. are not responsible for any unauthorized third party use of any entry (including any Video);
g. are not responsible for the inability to select Winning Schools because of postal failure, equipment failure, or data storage failure;
h. 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
i. 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.
19. 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.
20. BY ENTERING, VOTING, ACCEPTING A PRIZE, OR OTHERWISE PARTICIPATING IN ANY WAY IN THE CONTEST, 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.
21. 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.
22. 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 the Winning Schools by such method as WKRN, in its sole discretion, deems fair and appropriate under the circumstances.
23. 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 any Contest Entity, Band, Voter or any other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to vote 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 votes 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.
24. 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
25. All activity arising out of and relating to the Contest, including any reference to any Band’s status as a “winner” (and/or its corresponding school as a “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 any entry, Band and/or Voter with the Official Rules, WKRN reserves the right to disqualify the relevant entry and corresponding Band and/or all votes from the relevant Voter, as applicable, at any time.
26. 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
27. By entering, voting, accepting a prize, or otherwise participating in any way in the Contest, 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.
28. By entering, voting, accepting a prize, or otherwise participating in any way in the Contest 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.
29. 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.
30. 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
31. 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 2016 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 30, 2016.
NO PURCHASE NECESSARY. No entries will be accepted; competing Bands participating by invitation only. Vote for your fav Band at wkrn.com by 10/28/16 at 3 pm. Limit 1 vote/person/day. Winning Schools will be announced by 10/30/16. Cash Prizes: GP (1): $2000. 1st RU (1): $1,000. 2nd RU (1): $500. Other restrs apply. For full rules & Winning Schools’ List (avail 11/30/16) visit wkrn.com or send req w/SASE to WKRN, 441 Murfreesboro Rd, Nashville, TN 37203. Co-Sponsor: Old Hickory C.U. Void where prohibited.