HELPING KIDS GO PLACES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The 2021 Helping Kids Go Places Promotion (“Contest”) begins January 11, 2021 at 12:01 a.m. Mountain Time (“MT”) and ends on August 20, 2021 at 11:59 p.m. MT (“Promotion Period”). The Promotion Period will be divided into 3 periods (each, a “Nomination Period”). The first Nomination Period will begin on January 11, 2021 at 12:01 a.m. and end at 11:59 p.m. on February 28, 2021. The second Nomination Period will begin on March 1, 2021 at 12:01 a.m. and end at 11:59 p.m. on May 23, 2021. The third Nomination Period will begin on May 24, 2021 at 12:01 a.m. and end at 11:59 p.m. on August 20, 2021. The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Mountain Time unless expressly noted otherwise. To participate, a nominator (“Nominator”) will submit a nomination (“Nomination”) nominating a Youth Program (“Youth Program”) in the Contest.
ELIGIBILITY: To be eligible, a Youth Program must be a group, organization, or program, comprising youth members between the ages of 5 and 18 and formed for the purpose of providing youth development services directly to youths residing in Maricopa and Pinal Counties in Arizona (“Promotion Area”). Schools and classrooms are eligible as long as they are physically located in the Promotion Area and comprise students between the ages of 5 and 18. The Youth Program must have an authorized representative (“Representative”) who is a legal US resident at least 18 years of age as of the date of Nomination and resides in Promotion Area. The Representative can be a teacher, adult sponsor, or similar type of adult leader and must be formally recognized as such by the Youth Program. Sponsor will determine the eligibility of a Youth Program in its sole discretion. To be eligible, a Nominator must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in the Promotion Area. Void wherever prohibited by law and outside the Promotion Area. Scripps Media, Inc. d/b/a KNXV-TV is the “Sponsor” and Valley Toyota Dealers Association is the “Prize Provider”. Employees Sponsor, their respective parents, affiliates, and subsidiaries, and of the advertising agencies, promotion agencies, prize suppliers, and any other vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), employees of Prize Provider and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible as either a Nominator or Representative. By participating, Nominators agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, a Nominator can nominate a Youth Program for the Contest by going to www.abc15.com/KidsGoPlaces and following the on-screen instructions to complete the online Nomination form. Nominator must provide the contact information for the Youth Program Representative and must not provide any contact information for members of the
Youth Program who are under the age of 18. Nominators will also be required to submit an essay describing why the Youth Program being nominated should be chosen as a “Helping Kids Go Places” award winner (the “Essay”). The Essay must show how the Youth Program demonstrates a need in one or more of the following categories: 1) materials; 2) equipment; or 3) experiences for members (for example, music lessons, visit to the zoo). The Essay must also show how the Youth Program will benefit if it is chosen as a winner of the Contest. The Essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. A Representative is not allowed to nominate the Youth Program for which he/she is the appointed Representative.
Illegible and incomplete Nominations are void. Nominators may not nominate more than one Youth Program and a Youth Program cannot be nominated more than once. If a Youth Program is nominated more than once, only the first Nomination received will be eligible. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected Nominations; or Nominations not received for any reason. If there is a dispute over who submitted a Nomination, the Nomination will be deemed to have been submitted by the authorized account holder of the email account identified on the Nomination form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received Nominations (but not the Essays) become the property of Sponsor, and the Nominations will not be returned.
Submitted Materials: Each Essay must satisfy all of the following submission requirements (the “Submission Requirements”):
· The Essay must be the original creation of Nominator.
· Nominator must either own all rights to the Essay or otherwise have the right to submit the Essay in the Contest and to provide the rights to Sponsor as set forth herein.
· The Essay must not portray any dangerous activity.
· The Essay must not infringe any third party’s intellectual property right.
· The Essay must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.
· The Essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
· The Essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.
· The Essay must otherwise be appropriate for publication or broadcast or display on a general interest website.
· The Essay must not contain any contact information (email address, telephone number, etc.) for any individual under the age of 18.
· The Essay must be in compliance with the KNXV Terms of Use located at https://www.abc15.com/terms-of-use
By submitting an Essay, each Nominator represents and warrants that the Essay meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Essay by Sponsor as permitted herein will not infringe any third-party rights. Each Nominator further agrees to indemnify and hold Released Parties (defined below) harmless 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 such Nominator of such warranties or representations made by Nominator or of these Official Rules.
By submitting an Essay, Nominator grants to Sponsor (and to those acting on its behalf) and Prize Provider, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Essay (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Essay. Furthermore, Nominator also grants other users permission to access Nominator’s Essay and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish Nominator’s Essay for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Nominator otherwise will retain all rights in the Essay.
If Sponsor determines, in its sole discretion and at any time during the Promotion Period, that any Nomination violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Nomination. Sponsor retains sole discretion as to whether any Nomination satisfies the Submission Requirements and these Official Rules. Decisions of Sponsor are final on all matters.
WINNER SELECTION: For each Nomination Period, a panel of judges appointed by Sponsor will select 13 potential winning Youth Programs from eligible Nominations for that Nomination Period, provided a sufficient number of eligible Nominations are received. Judges will judge the Essays as follows: the Youth Program’s demonstrated need, 50%; quality and substance of the writing, 25%; and clarity of the content, 25%. Non-winning Nominations will carry over from one Nomination Period to the next. There will be a total of 39 Helping Kids Go Places winners during the Contest. If there is a tie for the 13th winning Youth Program in any Nomination Period, the tiebreaker will be determined by judges in their sole discretion by re-judging the tied Nominations based on the above criteria. Decisions of judges on Essays are final. Decisions of Sponsor are final on all other matters. Limit one prize per Youth Program.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify the Representative of the potential winning Youth Program, and the Nominator who submitted the potential winning Nomination via telephone or email to notify the winning Youth Program of its status and confirm acceptance of the prize. If either of the potential winning Representative or
Nominator: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, the Youth Program with which he or she is associated will be disqualified and an alternate winner may be selected, time permitting, from the relevant pool of Nominations by applying the criteria set forth above. The Representative of each potential winning Youth Program may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release on the Youth Program’s behalf and to provide a scan or photo of legal ID before claiming the prize on behalf of the Youth Program or being allowed to participate in any prize activities. All forms must be postmarked within two days of the date on notification materials if return is requested via mail or forms must be completed before receipt of any prize if prizes are picked up in person.
PRIZES: The Youth Programs who are among the 39 Helping Kids Go Places winners will receive a gift with a minimum value of $500 (the “Gift”). The Gift will be awarded in the form of Visa® gift card(s) in an amount to be determined by Sponsor to be suitable to help meet the needs of the winning Youth Program as outlined in the Nomination.
Members of the winning Youth Programs as well as the Representatives and Nominators of each such Youth Program will also receive an opportunity to be featured in a KNXV news segment (“Appearance”) on a date to be determined at the sole discretion of Sponsor and at the time most convenient for the Sponsor. Any individual participating in the Appearance must comply with generally accepted broadcast standards with regard to dress, conduct, and language during the Appearance, and such compliance will be determined by Sponsor’s staff in their sole discretion. Anyone participating in the Appearance (and parent or legal guardian of any minor participant) may be required to sign a release prior to the Appearance. If the Appearance does not occur for any reason, no alternate prize will be awarded. Sponsor will attempt to give advance notice of the Appearance date. If the Representative is unavailable on the designated date or is late for the Appearance, that portion of prize will be forfeited, and no alternate prize will be awarded. Please note that if there is severe weather or breaking news, the Appearance may be cancelled. Sponsor will attempt to notify the Representative and Nominator in advance, but cancellations frequently happen without notice. If Sponsor cancels the Appearance, Sponsor will attempt to reschedule but cannot guarantee that there will be an open date on the calendar. There is no ARV associated with the Appearance portion of the prize.
The total prize ARV of each prize will vary depending on the Gift chosen by the Sponsor but will be no less than $500. The value of the Gift each winning Youth Program receives will vary based on the Youth Program’s demonstrated need and other factors. Sponsor will determine the monetary amount of each Gift in its sole discretion.
Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. Subject to all terms, conditions and restrictions on face of gift cards or imposed by issuer. All properly claimed
prizes will be awarded provided a sufficient number of eligible Nominations are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.”
If the Youth Program is a legal entity (for example, a Little League program), the Gift will be awarded to the Youth Program; if the Youth Program is not a legal entity (for example, a seventh-grade class), the Gift will be awarded to the Representative on behalf of the Youth Program. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of the recipient. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
PUBLICITY AND MARKETING: Submission of a Nomination in this Contest constitutes permission to contact the Nominator and Representative via the name and email provided and permission to use the Nominator’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade in connection with the Contest, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By submitting a Nomination in this Contest, Nominators agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, Nominator’s participation in this Contest or any Contest-related activities (including, without limitation, the Appearance) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the Nominator in connection with the Contest; any non-compliance by the Nominator with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Nominator’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of Nomination information; or any typographical or other error in the printing, offering or announcement of any prize or winning Youth Program). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
OTHER TERMS: Sponsor is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize, or in the administration of the Contest, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the Contest, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a
user’s ability to participate in the Contest whether caused by computer, technical, or human error. Sponsor reserves the right to terminate or modify the Contest or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. If Sponsor terminates the Contest, Sponsor will determine the winning Youth Programs for remaining Nomination Periods by applying the criteria set forth above to all eligible, non-suspect, non-winning Nominations received as of the termination date and will post notice of its action on the Contest website. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Sponsor reserves the right to disqualify any Nominator or Representative (and the associated Youth Program) from further participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the Nomination process or other operation of the Contest; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Nominator or Youth Program in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or other materials used in connection with the Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, NOMINATORS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY NOMINATOR WITH REGARD TO THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of Nominators, Representatives, Youth Programs, and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Arizona. The state and federal courts located in Maricopa County, Arizona will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Maricopa County, Arizona and waive the right to contest jurisdiction.
SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
WINNERS LIST: For the list of the winning Youth Programs, available after October 1, 2021, send a self-addressed, stamped envelope to: 2021 Helping Kids Go Places Winners List, KNXV-TV, 515 N. 44th Street, Phoenix, AZ 85005 to be received by December 1, 2021.
SPONSORS: Scripps Media, Inc. d/b/a KNXV-TV, 515 N. 44th Street, Phoenix, AZ 85005.
PRIZE PROVIDER: Valley Toyota Dealers Association c/o Lane Terralever, 645 E Missouri Ave, Ste 400, Phoenix, AZ 85012.
