OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Backyard BBQ with Bob Moore (the “Promotion”) is sponsored by Young Broadcasting of Louisiana, Inc., a Media General company d/b/a KLFY-TV (“KLFY News 10”), The Best Stop Super Market, Inc. (“Best Stop”) and Henderson Implement & Marine, LLC (together, the “Promotion Parties”). Promotion is only offered in the KLFY viewing area within the Acadiana Region, which is defined as the Louisiana parishes of Acadia, Ascension, Assumption, Avoyelles, Calcasieu, Cameron, Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, Lafourche, Point Coupee, Saint Charles, Saint Landry, Saint Martin, Saint Mary, Terrebonne and Vermilion (the “Promotion Area”). Void outside Promotion Area and where prohibited.
2. Promotion is subject to all federal, state and local laws. KLFY News 10 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 entering, each entrant irrevocably, fully and unconditionally agrees to be bound by these Official Rules and waives any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
3. Promotion begins on April 15, 2015. Final entry deadline is June 25, 2015 at 11:59 p.m. Central Time (“CT”). Drawings to determine potential Weekly Prize winners will be held on or about each Friday starting on April 24, 2015 and ending on June 19, 2015. Drawing to determine potential Grand Prize winner will be held on or about June 26, 2015. KLFY News 10’s computer is the official time-keeping device for this Promotion.
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.
ELIGIBILITY
5. To be eligible, each entrant must be at least eighteen (18) years old and a legal resident of the Promotion Area (above). You must have a valid street address within the Promotion Area to be eligible. Post Office boxes will not be accepted.
6. Employees of KLFY News 10, Best Stop, any other television, cable or satellite stations or operations 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, children, and grandchildren, including “steps”, “greats,” and “in-laws” of each) and households, are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related.
7. In addition, if you are selected as potential Weekly Prize winner, you must own or lease residence suitable for hosting a backyard BBQ for up ten (10) attendees plus at least four (4) Promotion Party representatives and a television video crew. See below.
Prizes
8. Weekly Prizes (9): Meat from The Best Stop Super Market in Scott for up to ten (10) people for barbecuing at winner’s home on the Friday following winner’s selection (each, a “BBQ”) and at which Bob Moore (or another KLFY on-air personality, see below) (the “Talent”) will appear. Approximate Retail Value (“ARV”): $250.
9. Grand Prize (1): One (1) YETI® Cooler, one (1) pair Costa® Del Mar sunglasses with retail value of $800, and one (1) $250 gift card redeemable at The Best Stop Super Market in Scott, Louisiana at 615 Highway 93 North, Scott, LA 70583. ARV: $1,050.
10. The odds of winning depend on the number of entries received. Limit one (1) prize per household.
PRIZE RESTRICTIONS
11. The Talent appearance has no cash value and is subject to the sole discretion of KLFY News 10 and Bob Moore or other KLFY News 10 on-air personality. If Bob Moore is unable to attend any BBQ for any reason, KLFY News 10 will endeavor to arrange for another KLFY News 10 on-air personality to attend the BBQ in his place. However, in the event that the Talent appearance element is unavailable or cannot be or is not fulfilled for any reason, that winner will not be entitled to any substitution, remuneration or alternate prize element.
12. Each Weekly Prize winner is solely responsible for all planning and implementation of BBQ, including securing any local government and/or homeowners’ association approvals. KLFY News 10 reserves the right to videotape any portion of any BBQ and may require BBQ attendees (including winners) to execute a publicity release and liability release as a condition of attending. Any attendee at a BBQ who acts in an inappropriate, disruptive or offensive manner, as determined by KLFY News 10 in its discretion, may be required to leave. Each Weekly Prize winner may be required to execute and return to KLFY News 10 a location release. Each BBQ guest must be at least eighteen (18) years old or accompanied by a parent or legal guardian and may be required (or his/her respective parents or legal guardians may be required) to sign a liability waiver and/or publicity release prior to, and as a condition of, attending BBQ.
13. Gift card prizes are subject to all terms and conditions thereon as well as any additional limitations or restrictions imposed by Best Stop.
14. All prize details shall be at KLFY News 10’s sole discretion. Each winner 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, fees, travel or lodging, all barbecue tools, implements, devices, gas, propane or other fuel, charcoal, grill, smoker or other cooker, as well as all other food items, including side items, bread, salad, and desserts, and all plates, utensils, cups, flatware, and other similar items. Any winner who wins prizes through any KLFY News 10-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 Form.
15. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. Any prize or portion thereof not accepted by any winner is forfeited and no cash or substitute will be offered or permitted. The right to receive any prize is not transferrable. Prizes may not be substituted except that KLFY News 10 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.
16. Prizes offered are provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Merchandise prizes (if any) carry no warranty other than that offered by manufacturer. 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, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
TO ENTER
17. Entries will be accepted beginning April 15, 2015 at 5:00 p.m. CT and ending June 25, 2015 at 11:59 p.m. CT. To enter, snap a “Selfie” photo with your barbecue grill or cooker (your “Photo”) and e-mail it to rewards@klfy.com along with your name, street address, and telephone number. This is the only method of entry and entries will not be accepted via regular mail, online or any other method.
18. Each Photo must comply with any and all terms of use and user conditions (together the “Website Terms”) at http://www.klfy.com (the “Promotion Page”), as well as the “Submission Requirements” below. Your entry is only complete when KLFY News 10 has received your Photo and entry. (Winners will be selected by a random drawing, not by judging of the Photos).
19. To be eligible for a particular Weekly Prize drawing, entries must be received no later than 11:59 p.m. CT on the day before the scheduled drawing. To be eligible for the Grand Prize drawing, all entries must be received by KLFY News 10 no later than June 25, 2015 at 11:59 p.m. CT. Proof of sending is not proof of receipt by KLFY News 10. KLFY News 10 will not accept screen shots as proof of entry.
20. Limit one (1) entry per person. Additional entries received from 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 entries submitted by that entrant. No group submissions will be accepted.
21. Entries must include a valid e-mail address for the entrant. KLFY News 10 is not responsible for electronic communications 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 a winner based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. 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.
22. Entrants who fail to provide any required information may be disqualified without further notification by KLFY News 10. KLFY News 10 is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. KLFY News 10 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 KLFY News 10 and will not be returned or acknowledged.
23. The information that you provide in connection with the Promotion may be used by KLFY News 10 in accordance with its Privacy Policy, which is found at klfy.com/terms-and-conditions and which may be updated from time to time.
24. By submitting a Photo, you expressly grant to KLFY News 10 (and to those acting on KLFY News 10’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the Photo) to display, reproduce, distribute, publish, preform, edit, otherwise use the Photo for advertising and promotional purposes, including the display of the Photo on the Promotion Page and any other websites in connection with this Promotion.
25. Each entrant warrants that (a) he or she is legally entitled to upload the Photo in the Promotion, (b) the Photo does not infringe any third party rights, and (c) the Photo and entry comply with the Official Rules and Website Terms. Each entrant agrees to indemnify and hold harmless Promotion Parties, their 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 entrant of these Official Rules or the warranties and/or representations made by entrant pursuant to these Official Rules.
SUBMISSION GUIDELINES
26. All Photos must satisfy the following Submission Requirements:
a. Each Photo must be original to entrant (not copied, adapted, or reproduced from any other source and not collaboration with any other person). In other words, only the person who took or recorded the Photo is permitted to submit it in this Promotion.
b. No watermarks, signatures, or copyright notices may be added to any Photo.
c. Any individuals identifiable in any Photo must have agreed to be so identified and entrant must be able to furnish documentation of such consent if requested by KLFY News 10.
d. Photos must not depict any identifiable brand names, trademarks, logos or trade names other than those belonging to Promotion Parties.
e. Photos must not depict any content that is inappropriate, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
27. KLFY News 10 may disqualify any Photo that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, at any time. You agree that KLFY News 10 has the sole discretion to decide whether any Photo satisfies these Official Rules and that its decisions are final.
SELECTION, NOTIFICATION AND VERIFICATION OF winners
28. Weekly Prize Drawings: Each Friday starting on April 24, 2015 and ending on June 19, 2015, or within a reasonable time thereafter, KLFY News 10 or its designee will randomly choose nine (9) names from all timely entries received. Subject to verification of eligibility, the persons whose names are so drawn will be declared the Weekly Prize winners.
29. Grand Prize Drawing: On June 26, 2015, or within a reasonable time thereafter, KLFY News 10 or its designee will randomly select one (1) name from all time entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the Grand Prize winner.
30. KLFY News 10 will contact each potential winner in accordance with the information supplied to KLFY News 10 on his or her entry form. Each winner must respond to initial notification within the applicable time frame below and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents to KLFY News 10 within the applicable time frame below and as a condition of receiving prize. KLFY News 10, in its sole discretion may allow for transmission of verification documents via fax or e-mail. Arrangements will be made with verified winners for pick-up or delivery of prizes.
31. Deadlines: Potential Weekly Prize winners must respond to initial notification within twenty-four (24) hours and provide any requested documentation within three (3) days of initial notification. Potential Grand Prize winner must respond to initial notification within seventy-two (72) hours and provide any requested documentation within seven (7) days of initial notification.
32. In the event that any potential winner (a) cannot be contacted directly by, or does not respond to, KLFY News 10 within the stated time frames above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, KLFY News 10 in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. If time permits, KLFY will conduct up to two (2) alternate drawings for any Weekly Prize. If KLFY News 10 cannot verify a winner for a particular Weekly Prize after two (2) alternate drawings or there is not enough time remaining prior to the corresponding BBQ to verify a winner for such Weekly Prize, no further drawings will be held for that Weekly Prize and that Weekly Prize will not be awarded.
33. KLFY News 10 may, in its sole discretion, post the verified winners’ names on the Promotion Page and/or any of KLFY News 10’s websites, including http://www.klfy.com.
PUBLICITY RELEASE
34. By accepting a prize, each winner agrees to award KLFY News 10 the right to publicize his or her name, photographs (including the use and appearance of winner’s photograph on KLFY News 10’s websites), likeness, biographical information, e-mail address, voice and details of winning along with video of each BBQ, if applicable, for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
35. Entrants agree that KLFY News 10, Best Stop, Henderson Implement & Marine, LLC, 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 entries that for any reason are not received by KLFY News 10 by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, 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 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 printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (h) 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 loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials (including Photos) during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
36. 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. 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 PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
37. BY ENTERING THE PROMOTION 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, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY (INCLUDING ANY IMAGE), ENTRY IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
38. 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.
MISCELLANEOUS
39. KLFY News 10 reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, in the event that KLFY News 10 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 KLFY News 10’s control. In such an event, KLFY News 10 will post notice of same at the Promotion Page and select the winners by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as KLFY News 10, in its sole discretion, deems fair and appropriate under the circumstances.
40. KLFY News 10 reserves the right to disqualify any individual from further participation in the Promotion if KLFY News 10 concludes, in its sole discretion, that such person (a) has attempted to tamper with the Promotion process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards KLFY News 10 or any other Promotion Party or entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by KLFY News 10 to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
41. 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 KLFY News 10 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.
42. All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules. If KLFY News 10 determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, KLFY News 10 reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time. KLFY News 10 reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if KLFY News 10 determines in its sole discretion that awarding a prize to any such individual might reflect negatively on KLFY News 10. Each entrant agrees to cooperate with KLFY News 10 and its representatives in connection with any and all verification, auditing and/or background check activities.
43. KLFY News 10 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, KLFY News 10 reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
44. By entering the Promotion, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes 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 the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives 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. 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.
45. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, shall be governed by Louisiana law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Louisiana. Each entrant expressly (a) agrees 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 Lafayette Parish, Louisiana, and (b) consents to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
46. 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 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.
Winners’ List/OFFICIAL RULES
47. For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or http://www.klfy.com or mail a SASE to: Backyard BBQ with Bob Moore c/o KLFY News 10, P.O. Box 90665, Lafayette, LA 70509, specifying either “Winners’ List” or “Official Rules.” Final Winners’ List will be available after July 27, 2015.
TRADEMARKS
48. 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.
