2015-11-19

2015 FOX 2/KPLR 11 SALVATION ARMY CAR SWEEPSTAKES

Official Rules

ALL DONATION PROCEEDS GO TO THE SALVATION ARMY, A 501(C)(3) NONPROFIT. NO PURCHASE OR DONATION NECESSARY TO ENTER. A PURCHASE OR DONATION WILL NOT INCREASE YOUR CHANCES OF WINNING

ALL REQUIRED FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE ENTRY FORM AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES. DISQUALIFICATION IS IN THE SOLE DISCRETION OF THE SPONSORS (as defined below).

Sponsors will conduct the 2015 FOX 2/KPLR 11 Salvation Army Car Sweepstakes (“Sweepstakes”) in accordance with the Official Rules (“Rules”). Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Rules. The Sweepstakes is void where prohibited and outside the Sweepstakes area set forth below.

1. Eligibility: Entrants must be legal United States’ residents, at least eighteen (18) years old or above, with a valid drivers license, who reside in the St. Louis, Missouri Designated Market Area as defined by The Nielsen Company. Employees of KTVI, LLC, KPLR, LLC, (collectively, “Sponsors”), Bommarito Automotive Group, Audi of America, Tribune Media Company, The Salvation Army their affiliated companies, advertising, promotions, or judging agencies, and the immediate family members of each such individual are ineligible. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein. Individuals are eligible to win only one prize from Sponsors within any 30-day period. For prizes over $600.00 individuals are eligible to win only one prize every 6 months regardless of the number of giveaways entered.

2. Entry Period: The Sweepstakes entry period begins Tuesday, November 24, 2015 at around 4:00 am CT and continues until Thursday, January 14, 2016 at noon CT (the “Entry Period”).

3. Sweepstakes Entry:

There are several ways to enter, and you may enter with and without a donation.

A. There are four ways to enter in connection with your donation. One entry per $10.00 donation (i.e., if an entrant donates $20 via a check then the entrant will receive two entries into the Sweepstakes).

Mail: To enter by mail, handprint your name, address, daytime and evening phone numbers, and birthdate on an official entry form or a plain piece of 3 x 5 inch paper and mail in with a check made payable to The Salvation Army St. Louis to FOX2/KPLR 11, 2250 Ball Drive, St. Louis, MO 63146. Each donation must be individually mailed to be valid. Entries and donations received after noon CT on January 19, 2016 will be returned to the sender if a valid return address is included with the entry.

On-location: Entries will be accepted by The Salvation Army, FOX 2 and KPLR 11 personnel at the location and time listed below:

– Dierbergs Brentwood Pointe, 8450 Eager Road, St. Louis, MO 63143 on Thursday, December 3, 2015 from 5 a.m. until 7 p.m. CT. On the official entry form, fill out your name, address, daytime and evening phone numbers and birthdate. You may donate at Dierbergs by check, cash, or credit card.

On-line: You may also enter on line by credit card by donating to FOX 2 and KPLR 11’s Salvation Army virtual kettles at http://www.fox2now.com or http://www.kplr11.com. Entrants may be required to become registered users of the website. Registration is free.

Call-in: Thursday, January 14, 2016 (date subject to change), FOX 2 and KPLR 11 will host a call center live on the air between 5 am CT and noon CT. If you call 1-800-782-2222, volunteers will take your name, address, daytime and evening phone number and birthdate along with your credit card number securely over the phone.

B. To enter by mail without a donation, handprint your name, address, daytime and evening phone numbers, and birthdate on an official entry form or a plain piece of 3 x 5 inch paper and mail to the FOX 2/KPLR11 Salvation Army Sweepstakes, 2250 Ball Drive, St. Louis, MO 63146. Each completed entry form or 3 x 5 paper entry is one entry. Limit five entries per outer mailing envelope.

C. Limit 10 entries total per person and per email address regardless of method of entry. Entries that exceed the limit will be void. Please note that if your donation exceeds the entry limit you will receive credit only for entries up to the limit. For example, if you submit a check for $150, you will receive credit for 10 entries, not 15. All mail-in entries must be postmarked by January 14, 2016 and received no later than noon CT on January 19, 2016. No photocopied or mechanically reproduced entries will be accepted. Sponsors are not responsible for lost, late, or misdirected mail or entries or for printing errors. Entries received that are mutilated, tampered with, illegible, from ineligible entrants, or incomplete will be void. All received entries become the property of Sponsors and will not be returned. All entries subject to verification by Sponsors whose decisions on all matters related to this drawing are final and binding.

4. Finalist Selection & Notification: On or about January 19, 2016, three finalists will be selected by random drawing from among all eligible entries. Odds of being selected as a finalist depend on the number of eligible entries. Sponsors will attempt to notify finalists by phone, in-person or email. Each finalist must respond within two hours of initial notification attempt. Finalists must have valid contact information where they can be notified. Each finalist must be available and willing to appear on-air on the Fox 2 News in the Morning Show between 7 am – 9 am CT or at Bommarito Audi West County at 15736 Manchester Road Ellisville, MO 63011 between 7 am – 9 am CT for the winner selection event on January 20, 2016, or finalist will be disqualified. The finalists agree to comply with and conform to generally accepted broadcast standards with regard to conduct, dress and language during his or her appearances on Fox 2, and such compliance will be determined by Fox 2 staff in their sole discretion. Sponsors reserve the right to reschedule the date of the winner selection event because of breaking news, technical problems or unforeseen scheduling conflicts. Sponsors reserve the right to conduct the winner selection event without broadcasting it on television, or to record the winner selection event and broadcast it on a later date. Each finalist agrees that Sponsors and their licensees may broadcast and distribute the winner selection event in any media throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law. Each finalist will be required to sign and return an Affidavit of Eligibility/Release of Liability and Publicity prior to attending the winner selection event. Time permitting, Sponsors will select and attempt to notify an alternate finalist selected by random drawing from among remaining eligible entries if a finalist: (a) does not respond within two hours of the initial notification attempt; (b) is unavailable for the winner selection event; (c) is not in compliance with the Rules; (d) does not sign and return required documents by deadline set by Sponsors; or (e) does not meet the eligibility requirements. All results are unofficial until the finalists are verified.

5. Winner Selection and Notification: The grand prize winner will be selected by random drawing from among the three finalists on January 20, 2016 between 7 a.m. and 9 a.m. CT on FOX 2 News in the Morning. The drawing will be announced on FOX 2 News between 7 a.m. and 9 a.m. CT on January 20, 2016. Odds of winning being selected as the winner from among the finalists are one in three.

6. Prize: The grand prize winner will receive a 2016 Audi A6. The approximate value of the grand prize is $56,930.00. Sponsors will select grand prize vehicle – no exchanges or substitutions may be made by winner – and all features will be in the sole discretion of Sponsors. The grand prize winner shall be required to personally retrieve the vehicle and present acceptable personal identification, a valid driver’s license and evidence of any legally required insurance. The actual vehicle may have acquired a limited number of miles due to transportation of the vehicle. Delivery of the Grand Prize will occur on or around January 21, 2016 at Bommarito Audi West County, 15736 Manchester Road Ellisville, MO 63011 (date and location subject to change). Properly claimed prize will be awarded, but in no event will Sponsors award more prizes than are provided for in these Rules.

7. Prize Acceptance/Restrictions: Winner and finalists are subject to verification by Sponsors of the winner or finalist’s name, age, address, phone number, and Social Security number. If a winner is disqualified, Sponsors reserve the right to determine an alternate winner or to not award that winner’s prize at all. Prize cannot be redeemed for cash or substituted for any other items by any winner. Prize is non-assignable and non-transferrable. Sponsors reserve the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason. Costs of transportation, accommodations, insurance, licenses, fees (including registration), and any other expenses, except as explicitly set forth herein, are the sole responsibility of the winner.

8. Publicity Release: By participating in the Sweepstakes, each entrant acknowledges that his/her entry in the Sweepstakes constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, voice, likeness, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.

9. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS PROHIBITED AND MAY RESULT IN DISQUALIFICATION.

10. Taxes: Any valuation of the prize(s) stated above is based on available information provided to Sponsors, and the value of the prize awarded to winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsors at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide Sponsors with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded.

11. Conditions: Sponsors reserve the right, in their sole discretion, to modify 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, or any other causes which, in Sponsors’ 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 per these Rules, (c) the Sweepstakes becomes corrupted due to wireless calling service interruption for any reason, or (d) the Sweepstakes is otherwise not capable of running as planned. If Sponsors determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the internet portion of the Sweepstakes, Sponsors reserve the right to void the entries at issue, and/or terminate the internet portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes. If Sponsors terminate the internet portion of the Sweepstakes during the Entry Period, they will determine the finalists by random drawing from among all eligible, non-suspect internet entries received as of the termination date as well as all other eligible, non-suspect entries received via other means as set forth above. If Sponsors terminate or modify the Sweepstakes, Sponsors will post notice on the official Sweepstakes website. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges. Any entrant who attempts to tamper with this Sweepstakes in any way or use fraudulent means to participate in and/or win the Sweepstakes will be disqualified. Sponsors reserve the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Sponsors and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays in the Sweepstakes. Other than the prize received by the winner, no entrant will be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Sweepstakes. Sponsors have the sole discretion to administer the Sweepstakes and interpret and apply the Rules. Neither the failure of Sponsors to insist upon or enforce strict performance of any provision of these Rules nor the failure, delay or omission by Sponsors in exercising any right with respect to any term of these Rules, will be construed as a waiver or relinquishment to any extent of Sponsors’ right to assert or rely upon any such provision or right in that or any other instance. If there is a conflict between any term of the Rules and any entry or marketing materials used in connection with the Sweepstakes, the terms of the Rules will govern.

12. Indemnification/Hold Harmless: By participating, entrants agree: (a) to release, discharge, and hold harmless Bommarito Automotive Group, Audi of America, KTVI, LLC, KPLR, LLC, Tribune Media Company, The Salvation Army, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, and all of the officers, directors, employees, representatives, and agents of the foregoing (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of a prize, or from participation in and/or entry into the Sweepstakes or any Sweepstakes-related activity and for acceptance, delivery, or use of any prize; and (b) that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the Sweepstakes, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Sweepstakes, including attorneys’ fees.

13. Limitation of Liability: The Released Parties are not responsible or liable for any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Sweepstakes or in the announcement of the prize(s) and assume no responsibility for (a) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (b) failure of any entry to be received by Sponsors due to technical problems, postal problems, telephone service problems, human error, or wireless calling service, (c) communication 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, (d) mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Sweepstakes, (e) communication 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, (f) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (g) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (h) entries that are late, lost, stolen, postage-due, damaged, illegible, and/or unintelligible (or any combination thereof), or (i) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the application process, including but not limited to, postage are the sole responsibility of each entrant and the Sponsors will not issue reimbursement for any expenses.

UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.

14. Choice of Law/Forum: All entrants agree, by participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Missouri. Missouri law will govern this Sweepstakes, without regard Missouri’s choice of law rules. The state and federal courts of Missouri will be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.

15. Official Rules: Complete Rules are available Monday through Friday during normal business hours at FOX 2/KPLR 11, 2250 Ball Drive, St. Louis, MO 63146 or at http://www.fox2now.com and http://www.kplr11.com.

16. Name of Winner: For the name of the prize winner, send a separate, self-addressed, stamped envelope to FOX 2/KPLR11 Salvation Army Sweepstakes, 2250 Ball Drive, St. Louis, MO 63146, or appear in person at that location between normal business hours. Requests must be received by March 31, 2016.

17. Sponsors: KTVI, LLC and KPLR, LLC, 2250 Ball Drive, St. Louis, MO 63146.

This Sweepstakes, and all Sweepstakes material, is © 2015 by KTVI, LLC. All rights reserved.

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