1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Scholar Athlete (the “Promotion”) is sponsored by LIN Television Corporation, a Media General company, d/b/a KSNT News (“KSNT News”), Budget Blinds (“Budget Blinds”) and Gage Center Dental Group (“Gage Dental Group”) (together, the “Promotion Parties”). Promotion is only offered in in the KSNT News viewing area within the Kansas counties of Brown, Clay, Cloud, Coffey, Geary, Jackson, Jefferson, Lyon, Marshall, Morris, Nemaha, Osage, Pottawatomie, Riley, Shawnee, Wabaunsee, and Washington (the “Promotion Area”). Void outside the Promotion Area and where prohibited.
2. Promotion is subject to all federal, state and local laws. KSNT News shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding nominations, deadlines, qualifier or winner selection, prize restrictions, and eligibility — and all of its decisions are final. By submitting or accepting a nomination and/or accepting a prize, you (or your parent or legal guardian, if a minor) 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 Promotion-related advertising or materials.
3. Promotion begins on October 7, 2017. Final nomination deadline is April 21, 2017 at 12:00 p.m. (noon) Central Time (“CT”). With the exception of the first drawing on October 11, 2016, drawings to determine potential qualifiers (the “Qualifiers”) will be held each Friday starting October 14, 2016 and ending on May 2, 2017. Winners will be selected from the Qualifiers during a live event on May 18, 2017. KSNT News’ computer is the official time-keeping device for this Promotion. There will be a total of 30 qualifiers.
4. Each winner 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 any and all state, federal or local income taxes that may result from his or her acceptance of any prize.
5. Nominators: To be eligible to submit a nomination as a nominator (each, a “Nominator”), you must be at least eighteen (18) years old and a legal resident of the Promotion Area (above).
6. Nominees: All nominees (each, a “Nominee”), must, as of date of nomination, be at least seventeen (17) years old, legal residents of the Promotion Area, enrolled in the twelfth (12th) grade at a high school in within the Promotion Area, with a grade point average (“GPA”) of 3.8 or higher, and participate in at least one (1) school-sanctioned or school-sponsored sport (such as football, volleyball, track, basketball, etc.). You may not nominate yourself.
7. Employees of KSNT News, Budget Blinds, Gage Dental Group, any other television stations in the Promotion Area, any other entity directly involved in the development or administration of this Promotion, and the members of their immediate families (defined as spouses, parents, siblings and children, and the “steps,” “in-laws” and “formers” or “exes” of each) and households, are not eligible to submit nominations, be nominated, or win any prize. The term “household” includes all persons residing together in a single residence, whether or not related.
PRIZES & ODDS
8. Grand Prize (1): $2,500 payable in form of a company check. Approximate Retail Value (“ARV”): $2,500.
9. First Prize (1): $1,500 payable in form of a company check. ARV: $1,500.
10. Second Prize (1): $1,000 payable in form of a company check. ARV: $1,000.
11. The odds of winning depend on the number of nominations received. You may only declared a Qualifier one (1) time. Limit one (1) prize per household.
12. All prize details shall be at KSNT News’ sole discretion. Each winner (or his or her parent/guardian, if a minor) 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), surcharges, and fees. Any person who wins prizes through any KSNT News-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 Form.
13. The right to receive any prize is not transferrable. Any prize or portion thereof not accepted by any winner is forfeited and no substitute will be offered or permitted. Prizes may not be substituted except that KSNT News 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.
14. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Promotion 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 any prize. Other restrictions apply.
TO NOMINATE A SCHOLAR ATHLETE
15. Nominations will be accepted beginning October 7, 2016 at 12:01 p.m. CT and ending April 21, 2017 at 12:00 p.m.
16. To nominate a scholar athlete, visit ksnt.com (the “Promotion Page”) and follow the instructions to complete an official nomination form with all required information, which may include your name, e-mail address, phone number, and age or date of birth and the Nominee’s name, e-mail address, phone number, age or date of birth, current grade level and school, and sport. Nominations will not be accepted via any other method.
17. To be eligible for a particular drawing, nominations must be received by KSNT News no later than April 21, 2017 at 12:00 p.m. Proof of sending is not proof of receipt by KSNT News. KSNT News will not accept screen shots as proof of nomination.
18. Non-selected nominations will carry forward to subsequent drawings, if any. Limit one (1) nomination per Nominee. Additional nominations received for any such person thereafter will be subject to disqualification. Any 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, accounts or logins) are prohibited and will void all nominations submitted by that person. No group submissions will be accepted.
19. Nominations must include a working daytime telephone number and valid e-mail address for the Nominator and the Nominee. KSNT News is not responsible for voice or electronic communications that are undeliverable as a result of any form of call blocking of any kind or inability to leave a voice message or passive or as to e-mail, active filtering of any kind.
20. In the event of a dispute as to the identity or eligibility of a Nominator based on an e-mail address, the nomination will be deemed made by the “Authorized Account Holder” of the e-mail address used for nomination. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain.
21. Nominations who fail to provide any required information may be disqualified without further notification by KSNT News. KSNT News is not responsible for nominations that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such nominations are void. KSNT News reserves the right in its sole discretion to disqualify any nomination at any time that in its opinion does not comply with these Official Rules. Nominations become the property of KSNT News and will not be returned or acknowledged.
QUALIFIER SELECTION, NOTIFICATION AND VERIFICATION
23. With the exception of the first drawing on October 11, 2016, drawings to determine potential qualifiers (the “Qualifiers”) will be held each Friday starting October 14, 2016 and ending on May 2, 2017, or within a reasonable time thereafter. KSNT News or its designee will randomly choose one (1) name from all timely nominations received, for a total of thirty (30) names. Subject to verification of eligibility, the persons whose names are so drawn will be declared the Qualifiers. Only the Qualifiers will be eligible for the final prize drawing, which will be held on May 18, 2017 at the final event (the “Final Event”). Qualifiers do not have to be present at the Final Event to win.
24. KSNT News will contact each potential Qualifier in accordance with the information supplied to KSNT News on the corresponding nomination form. Each Qualifier must respond to initial notification within seventy-two (72) hours and may be required (or if a minor, his or her parent/legal guardian may be required) to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, and/or publicity release (where legal) to KSNT News no later than seven (7) days after initial notification and as a condition of ongoing eligibility for consideration for any prize KSNT News in its sole discretion may allow for transmission of verification documents via fax or e-mail. All Qualifiers will be provided additional information about the Final Event at the time of verification.
25. In the event that any potential Qualifier (a) cannot be contacted directly by, or does not respond to, KSNT News within seventy-two (72) hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, or (c) is otherwise determined to be ineligible, KSNT News in its discretion may disqualify that individual and an alternate Qualifier will be chosen by random drawing as soon as reasonably practicable after such disqualification. Any alternate Qualifiers are subject to all eligibility requirements and restrictions of these Official Rules. After April 1, 2016, KSNT News will endeavor to conduct up to three (3) alternate Qualifier drawings during any week if time permits prior to the Final Event. If KSNT News cannot verify a Qualifier for a particular week after three (3) alternate Qualifier drawings or there is not enough time remaining prior to the Final Event to verify a Qualifier for that week, KSNT News reserves the right to conduct no further drawings for that week and the number of Qualifiers will be reduced according.
FINAL EVENT & WINNER SELECTION
26. The Final Event will be held on or about May 18, 2017 at Hy-Vee, 2951 S.W. Wanamaker Road, Topeka, Kansas, at 5:00 p.m. Qualifiers and their guests (if any) should check in no later than 4:45 p.m. CT. As noted above, you do not have to be present to win. However, any Qualifiers and guests who attend the Final Event must present a valid photo ID. In addition, the Final Event may be broadcast live and/or videotaped and all Qualifiers and guests will be required to sign a Publicity Release as a condition of attending the Final Event. Date and location are subject to change.
27. During the Final Event, KSNT News or its designee will randomly choose three (3) names from all verified Qualifiers. Subject to verification of ongoing eligibility, the first Qualifier whose name is so drawn will be declared the Second Prize winner, the next Qualifier whose name is so drawn will be declared the First Prize winner, and the final Qualifier whose name is so drawn will be declared the Grand Prize winner. Declared winner for the First Prize will not be eligible for the Second and Grand Prizes. Second Prize winner will not be eligible for the Grand Prize. First and Second Prize winners will be removed from the overall pool of Qualifiers.
28. Each potential winner may be required (or if a minor, his or her parent/legal guardian may be required) to sign an additional an affidavit or declaration of eligibility, liability waiver, and/or publicity release (where legal), tax forms and other legal documents and return them to KSNT News within seven (7) days after the Final Event (or notification if that winner did not attend the Final Event) and as a condition of receiving the prize KSNT News in its sole discretion may allow for transmission of verification documents via fax or e-mail.
29. In the event that any potential winner (a) did not attend the Final Even and cannot be contacted directly by, or does not respond to, KSNT News within seventy-two (72) hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, KSNT News in its discretion may disqualify that person and an alternate winner will be chosen by random drawing from the remaining Qualifiers as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
30. KSNT News may, in its sole discretion, post the verified Qualifiers and/or winners’ names on the Promotion Page and/or any of KSNT News’ websites, including ksnt.com, and broadcast them on any of KSNT News’ stations.
31. By accepting a Nomination and/or prize, each Qualifier or winner agrees (or if a minor, his or her parent or legal guardian agrees on his or her behalf) to award KSNT News the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on KSNT News’ websites), likeness, biographical information, e-mail address, voice and details of participation for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
32. Nominators, Nominees and all other participants (or their parents or legal guardians, if minors) agree that KSNT News, Budget Blinds®, Gage Dental Group, Hy-Vee, Inc., Media General, Inc., Facebook, any other company involved in the development or administration of this Promotion, 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 KSNT News by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Nominators, Nominees, or others, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the Qualifiers, winners or prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any unauthorized third party use of any nomination; (f) are not responsible for the inability to select Qualifiers or winners 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 Promotion, the acceptance of nominations, the selection of Qualifiers or winners, the prizes or otherwise in any Promotion-related materials.
33. 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 ANY 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 PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION.
34. By participating in the Promotion and/or accepting a prize, you (or your parent or legal guardian, if a minor) 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, inability to participate, in the Promotion or any Promotion-related or prize-related activity, (b) the use by Released Parties (including modification, adaptation, and reproduction) of nomination materials during or after the Promotion, (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize, and (d) any other claim or cause of action you may have against any Released Party.
35. BY PARTICIPATING IN THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU (OR YOUR PARENT OR LEGAL GUARDIAN, IF A MINOR) FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, 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 SUBMITTING A NOMINATION IN THE PROMOTION, 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.
36. 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.
37. KSNT News reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, in the event that KSNT News determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond KSNT News’ control. In such an event, KSNT News will post notice of same at the Promotion Page and select the Qualifiers and/or winners, as applicable, by conducting a random drawing from among all non-suspect nominations received prior to the suspension, cancellation or termination of the Promotion or in such other manner as KSNT News, in its sole discretion, deems fair and appropriate under the circumstances.
38. KSNT News reserves the right to disqualify any individual from further participation in the Promotion if KSNT News concludes, in its sole discretion, that such person (a) has attempted to tamper with the nomination process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards KSNT News or any other Promotion Party, Nominator, Nominee, or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to submit nominations more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by KSNT News to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
39. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND KSNT NEWS 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.
40. All activity arising out of and relating to the Promotion, including any reference to a Nominee’s status as a “Qualifier” or “winner,” is subject to verification and/or auditing for compliance with the Official Rules. If KSNT News determines, in its sole discretion, that verification or auditing activity evidences non-compliance of a nomination and/or Nominee with the Official Rules, KSNT News reserves the right to disqualify such nomination and/or Nominee from the Promotion and any prize at any time. KSNT News reserves the right to conduct a background check on any or all potential Qualifiers and/or winners and to disqualify any individual based on such background check if KSNT News determines in its sole discretion that awarding a prize to any such individual might reflect negatively on KSNT News. Each Nominator and Nominee (or his or her parent/guardian, if a minor) agrees to cooperate with KSNT News and its representatives in connection with any and all verification, auditing and/or background check activities.
41. KSNT News reserves the right to correct typographical, printing or clerical errors in any Promotion-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, KSNT News reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
42. 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 Released Parties in connection with the Promotion, shall be governed by Kansas law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Kansas. By participating in the Promotion or accepting a prize, you (or your parent or legal guardian, if you are a minor) expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Shawnee County, Kansas, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
43. 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 Promotion-related materials, including but not limited to the Promotion 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. 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.
44. Facebook is not a sponsor of this Promotion. 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 Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
WINNERS’ LIST/OFFICIAL RULES
45. For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or ksnt.com or mail a SASE to: Scholar Athlete c/o KSNT News, 6835 N.W. Highway 24, Topeka, KS 66618, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after June 17, 2017.