WCAU Be a Friendly’s Mom Contest
Official Rules
October 21, 2009 – November 4, 2009
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void outside the WCAU terrestrial geographic viewing area and where prohibited. The WCAU Be A Friendly’s Mom Contest (“Contest”) will begin on October 21, 2009 at 12:00 p.m. ET and end on November 4, 2009 at 11:59 p.m. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are located in the WCAU terrestrial geographic viewing area in the counties of Berks, Lehigh, Northampton, Bucks, Montgomery, Chester, Delaware, and Philadelphia in the state of Pennsylvania; the counties of Burlington, Camden, Gloucester, Cape May, Atlantic, Salem, and Cumberland in the state of New Jersey; and the counties of New Castle and Kent in the state of Delaware and who are eighteen (18) years of age or older and the age of majority in their state of residence as of October 21, 2009. Employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households (whether related or not) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsors (as defined below) and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies.
TO ENTER: To enter, access the WCAU website at www.nbcphiladelphia.com (the “Website”) and search for the keyword “Friendly’s”. Follow the instructions provided to complete and thereafter submit the entry form (“Entry”), which includes your name, address, telephone number, email address, and date of birth. As part of the Entry, you will also be required to upload one (1) photo of a mom you wish to nominate (the “Nominee”) (“Photo”). The photo should feature the Nominee and must illustrate any of the following themes: “How She Does It All” or “Why She Needs A Treat”. The file containing the Photo: (a) cannot exceed one (1) MB in size; and (b) must be submitted in the JPG file format. The Photo must have been taken during the Contest Period and cannot have been taken in a studio or by a professional photographer. Other than minor changes to lighting and coloring, the Photo must not have been altered or edited in any manner that distorts the original Photo. By entering, you agree that the Photo may be broadcast on WCAU, published on the Website, and otherwise displayed in promotions and advertisements for WCAU. You must have the permission of the Nominee and any additional persons appearing in your Photo for you to submit your Photo. If any person appearing in the Photo is a minor, you must obtain written permission from such minor’s parent or legal guardian to include such minor in the Photo. The Nominee must be eighteen (18) years of age or older and the age of majority in her state of residence as of the start of the Contest Period and must meet all of the eligibility requirements outlined above and throughout these Official Rules. If you are a mom, you may also nominate yourself in accordance with the above instructions. All Entries become the property of WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, NBC Universal, Inc. 30 Rockefeller Plaza, New York, NY 10112, and Friendly’s Ice Cream Corporation, 1855 Boston Road, Wilbraham, MA 01095 (collectively, “Sponsors”), and will not be acknowledged or returned.
By entering the Contest, contestant grants Sponsors the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Photos and to incorporate the Photos in other works in any and all markets and media now or hereafter known worldwide in perpetuity. Contestant warrants that he/she has the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of his/her Photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Photo containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by contestant, where such permission is required. Upon request, you must provide Sponsors with signed releases from the persons appearing in the Photo and/or the owners of any private property where you photographed. If any person appearing in the Photo is a minor, contestant warrants that he/she has obtained written permission from such minor’s parent or legal guardian to include such minor in the Photo. Upon request, contestant must provide Sponsors with signed releases from the parents or legal guardians of all such minors. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Photo.
Entries must be received before 11:59 p.m. on November 4, 2009, to be eligible for the Contest. Limit one (1) Entry per person/email address during the entire Contest Period. Each person may be nominated only once during the duration of the Contest Period. Multiple entries received for any Nominee beyond this limit will void all such additional entries. Multiple Entries received from any person or email address beyond the stated limits will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason including, but not limited to, computer or network malfunction or congestion are void and will not be accepted. In the event of a dispute over the identity of a contestant who submitted a potentially winning Entry, Sponsors reserve the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry. Entry constitutes permission (except where prohibited by law) to use contestant's and Nominee’s name, city, state, likeness, image and/or voice in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission or approval.
WINNER SELECTION AND NOTIFICATION: On or about November 6, 2009, three (3) potential First Prize (as defined below) winners and one (1) potential Grand Prize (as defined below) winner will be selected by a panel of qualified judges (designated by Sponsors in their sole discretion) based on the following judging criteria: relevance to theme (50%), Photo quality (25%) and originality/creativity (25%). . All potential winners shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Limit one (1) prize per person.
Sponsors reserve the right to select no winners, select less than four (4) winners, extend the Contest Period or cancel the Contest, if they do not receive a sufficient number of eligible and qualified Entries as determined by Sponsors in their sole discretion. NOTE: Unless the contestant is also the Nominee, the potential winner will be the Nominee and not the contestant (the nominator). Such Nominee must satisfy all applicable eligibility requirements of contestants as outlined in these Official Rules, or First Prize/Grand Prize may be awarded to a runner-up contestant with the next highest score based on the judging criteria listed above, as determined by Sponsors in their sole discretion.
In the event of a tie, an additional, “tie-breaking” judge will determine the winner from such tied Entries using the judging criteria outlined above. Sponsors’ and judges’ decisions are final and binding on all matters relating to this Contest.
Sponsors will make two (2) attempts to notify potential winner at the phone number and/or email address submitted at the time of entry. Potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and at Sponsors’ sole discretion, the prize may be awarded to a runner-up. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and at Sponsors’ sole discretion, the applicable prize may be awarded to a runner-up.
PRIZES: There will be one (1) grand prize (the “Grand Prize”) and three (3) first prizes (each a “First Prize”) awarded. GRAND PRIZE: The Grand Prize will consist of: One (1) two hundred dollar ($200) Friendly’s gift certificate (“Friendly’s Certificate”) and one (1) Apple Vacations Gift Certificate (“Vacation Certificate”), redeemable towards an Apple Vacations trip (“Trip”) valued at up to three thousand dollars ($3,000). Friendly’s Certificates shall be valid at Friendly’s locations designated by Sponsors in their sole discretion. Sponsors will provide winners with a list of participating Friendly’s locations. Friendly’s Certificates are subject to certain terms and conditions as specified by issuer. Vacation Certificate may be used by Grand Prize winner for one (1) of the following:
Option A:
(1) Round-trip, commercial coach-class air transportation to Cancun or Punta Cana; OR
(2) Roundtrip airfare on an Apple Vacations charter on USA3000 Airlines to an Apple Vacations charter destination; AND
(3) Hotel accommodations at chosen destination from a list of hotels designated by Sponsors in their sole discretion.
(4) Ground transportation to and from airport and hotel;
(5) An itinerary of activities as determined by Sponsors in their sole discretion
Option B:
(1) An Apple Vacations air/hotel package to Cancun or Punta Cana from a list of air/hotel packages designated by Sponsors in their sole discretion.
(2) Ground transportation to and from airport and hotel;
(3) An itinerary of activities as determined by Sponsors in their sole discretion
Travel must be completed by January 31, 2010, or by another date specified by Sponsors in their sole discretion or Grand Prize will be forfeited. Grand Prize winner may use a portion of Vacation Certificate to pay for a guest (“Guest”) on the Trip. Total Trip cost cannot exceed three thousand dollars ($3,000). Trip details are as follows: Round-trip, commercial or charter coach-class air transportation from an airport near the Grand Prize winner’s residence to an airport near or in the chosen destination, as determined by Sponsors in their sole discretion; hotel accommodations (one (1) standard room, double occupancy, as determined by Sponsors in their sole discretion); ground transportation to and from airport and hotel; and an itinerary of activities as determined by Sponsors in their sole discretion. The Estimated Retail Value (“ERV”) of the Grand Prize is up to three thousand dollars ($3,000). Actual retail value of Trip varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ERV and actual ERV will not be awarded. Grand Prize winner will receive an IRS Form 1099 from Sponsors for the total ERV of Grand Prize for the calendar year in which Grand Prize was won. Sponsors reserve the right to substitute Grand Prize (or Grand Prize element) of comparable or greater value for any reason at Sponsors’ sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of Grand Prize winner. Grand Prize cannot be transferred by Grand Prize winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by Grand Prize winner. If Grand Prize is unclaimed within a reasonable time after notification by Sponsors, it will be forfeited and Grand Prize may be awarded to the runner-up contestant with the next highest score based on the judging criteria listed above, as determined by Sponsors in their sole discretion. If a Grand Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to Grand Prize winner and no additional compensation will be awarded. Certain blackout periods and other travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension or substitution of Grand Prize (including Trip dates is permitted), except by Sponsors in their sole discretion. Guest, if any, must be the age of majority in his/her state(s) of residency as of the first date of travel or Grand Prize winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor(s). Grand Prize winner and Guest, if any, must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Grand Prize. Airline and hotel reservations are subject to availability. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors at Sponsors’ sole discretion. Tickets will be issued only to Grand Prize winner and Guest, if any. Tickets are void if sold for cash or other consideration. Grand Prize winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, security charges or other ticket or baggage fees. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Grand Prize winner and Guest, if any, must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Grand Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsors. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Grand Prize winner and Guest, if any. All elements of Grand Prize must be redeemed at the same time. If Grand Prize winner chooses to take the Trip with no Guest, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to Grand Prize winner and no additional compensation will be awarded. Guest (or Guest’s parent or legal guardian if Guest is a minor), if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned to Sponsors by a date specified, or Guest portion of Grand Prize will be forfeited.
FIRST PRIZES: Each First Prize will consists of one (1) two hundred dollar ($200) Friendly’s Certificate. Sponsors reserve the right to substitute a similar prize of comparable or greater value at their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of First Prize are the sole responsibility of winners. ERV of each First Prize is two hundred dollars ($200).
First Prize cannot be transferred by winner, substituted or redeemed for cash . If First Prize is unclaimed within a reasonable time after notification from Sponsors, it will be forfeited and First Prize may be awarded to the runner-up contestant with the next highest score based on the judging criteria listed above, as determined by Sponsors in their sole discretion. If First Prize (or an element thereof) is not available for any reason, the remaining elements of First Prize shall be awarded and shall constitute full satisfaction of Sponsors' prize obligation to First Prize winner and no additional compensation will be awarded.
Total ERV of all prizes is up to three thousand eight hundred dollars ($3,800).
All prize details are at the sole discretion of the Sponsors.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’s heirs, executors and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such contestant’s participation in the Contest (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of a prize, or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by the prize supplier that are sent along with a prize; (c) if selected as a winner, to the posting of such contestant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Contest itself, and to be bound by all actions of the Sponsors and judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Contest.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel, suspend or modify the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification or suspension, Sponsors reserve the right to select a winner, as applicable, from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification or suspension based on the judging criteria described above. Notice of such cancellation, modification or suspension will be posted on the Website. Sponsors may prohibit any contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.
Released Parties assume no responsibility for any injury or damage to contestants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any publicity, promotional, advertising or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
DISPUTES: THE CONTEST IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the winners, available after November 18, 2009, visit www.NBCPhiladelphia.com and search keyword “Friendly’s” or send a self-addressed, stamped envelope to be received by December 30, 2009 to:
WCAU Be a Friendly’s Mom Contest
Brian Castelli
WCAU
10 Monument Road
Bala Cynwyd, PA 19004
