WCAU Beach Bums Contest
Official Rules
July 7, 2011 – July 22, 2011
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve chances of winning. Void outside the WCAU terrestrial geographic viewing area and where prohibited. The WCAU Beach Bums Contest (“Contest”) will begin on July 7, 2011 at 12:00 p.m. Eastern Time (“ET”) and end on July 22, 2011 at 2:00 p.m. ET (“Contest Period”). All times in the Contest refer to Eastern Time. The Contest will be run in conjunction with The 10! Show (“Show”), which airs weekdays at 11:00 a.m. ET on WCAU. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“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 of the age of majority in their state of residence as of July 7, 2011. Employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), 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), their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: To enter, access the WCAU website at www.NBCPhiladelphia.com (“Website”) and search for the keywords “Beach Bums.” Follow the instructions provided to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (“Entry”). As part of the Entry, you will also be required to upload one (1) photo taken by you during the Contest Period of you and your family having fun at the beach (“Photo”). Photo must not exceed one (1) megabyte (“MB”) in size, and must be submitted in the .JPG file format. Photo must have been taken by you the Entrant. 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. You must have the permission of all persons appearing in Photo for you to submit Photo. All Entries become the property of WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, and Ocean City Tourist Development Commission, 861 Asbury Ave., Ocean City, NJ 08226 (collectively, “Sponsors”), and will not be acknowledged or returned.
By entering the Contest, entrant grants Sponsors the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit Photo and to incorporate Photo in other works in any and all markets and media now or hereafter known, worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of their photo will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for false light, idea misappropriation, defamation, intentional or negligent infliction of emotional distress, or breach of contract. Any Entries with 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. Entrant also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by entrant, where such permission is required. Upon request, you must provide Sponsors with signed releases from the persons appearing in Photo and/or the owners of any private property where you photographed. If any person appearing in Photo is a minor, entrant warrants that he/she has obtained written permission from such minor’s parent or legal guardian to include such minor in Photo. Upon request, entrant 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 Photo.
Entries must be received before 2:00 p.m. ET on July 22, 2011, to be eligible for the Contest. You may enter only once during the Contest Period. Multiple Entries received from any person/email address beyond the stated limit 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 case of a dispute over the identity of an entrant 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 entrant’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.
PRIVACY POLICY: Entrants will have the opportunity to receive information from WCAU and selected partners by checking the appropriate box. If, at any time, you no longer wish to receive materials from WCAU or our selected partners, please go to our privacy policy, located at www.nbcphiladelphia.com/privacy or the privacy policy of the applicable partner, and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: On or about July 25, 2011 one (1) potential winner (“Winner”) will be selected by a panel of qualified judges designated by Sponsors in their sole discretion. Potential Winner shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. The potential Winner will be selected based on the following judging criteria measured on a one hundred (100) point scale: (1) creativity/originality of Photo (fifty (50) points); (2) relevance to the contest theme (fifty (50) points). Sponsors reserve the right to 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. In the event of a tie, an additional “tie-breaking” judge will determine the potential winner from such tied Entries using the judging criteria 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 the runner-up with the next highest score based on the judging criteria above. 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 the runner-up with the next highest score based on the judging criteria above.
PRIZE: There will be one (1) prize (“Prize”) awarded to Winner consisting of: accommodations (standard room, double occupancy) for Winner and guest (“Guest”) for three (3) days/two (2) nights at the Ocean 7 Hotel in Ocean City, New Jersey (“Hotel”). No travel is included in Prize. Hotel accommodations must be booked through Sponsors’ agent at least five (5) days prior to first date of stay in the Hotel. Stay at Hotel must be fulfilled on July 29, 2011 and July 30, 2011. All travel will be at the risk of Winner and Guest, if any.
The Estimated Retail Value (“ERV”) of Prize is five hundred dollars ($500). Actual Retail Value (“ARV”) may vary due to dates of stay at Hotel. Any difference between ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the calendar year in which Prize was awarded. Prize is subject to certain terms and conditions as specified by issuer. All Prize details are at the sole discretion of Sponsors. Sponsors reserve the right to substitute Prize (or 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 Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification by Sponsors, it will be forfeited and, time permitting, Prize may be awarded to the runner-up with the next highest score based on the judging criteria above at Sponsors’ sole discretion. If a Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’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 entrant’s participation in the Contest (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of 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 the Prize, including express warranties provided exclusively by the Prize supplier that are sent along with Prize; (c) if selected as a winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known, throughout the world in perpetuity, 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 therein 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 at Sponsors’ sole discretion.
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 at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, 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 entrants’ 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 JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. 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 name of the Winner, available after July 29, 2011 visit Website or send a self-addressed, stamped envelope to be received by September 9, 2011 to: WCAU Beach Bum, attn: Brian Castelli, WCAU, 10 Monument Road, Bala Cynwyd, PA 19004.
