LOCALLY OWNED LOCALLY LOVED
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Locally Owned Locally Loved Contest (“Contest”) begins on April 20, 2021 at 12:01 AM Pacific Time (“PT”) and ends on April 14, 2022 at 11:59 PM PT (“Promotion Period”). The Promotion Period will be divided into 12 entry periods (each, an “Entry Period”). The first Entry Period will begin when the Promotion Period begins and end on May 14, 2021 at 11:59 PM PT. Subsequent Entry Periods will begin at 12:01 AM PT on the 15th day of each month and end at 11:59 PM PT on the 14th day of the following month. 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 Pacific Time unless expressly noted otherwise.
Open only to the owners of locally owned and operated businesses (“Businesses”) in California in San Luis Obispo and/or Santa Barbara counties (the “Promotion Area”). The Business owner who submits an entry form on behalf of his or her Business in the Contest will be referred to as a “Contestant.” To be eligible, each Contestant must be a legal U.S. resident, 18 years of age or older. The Contestant must also be the “owner” of the Business. To be deemed an “owner,” the Contestant must own 10% or more of the equity of the Business. To be eligible for submission, a Business must have a physical place of operation in the Promotion Area, provide goods and/or services to residents of the Promotion Area, and have one or more owners who reside in the Promotion Area. Void wherever prohibited by law and outside the Promotion Area. Employees of Scripps Media, Inc. (KSBY-TV), American Riviera Bank (collectively, “Sponsor”), their respective parents, affiliates, and subsidiaries, and of all of the advertising agencies, promotion agencies, prize suppliers, and any other vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) 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 to participate as Contestants. By participating, Contestants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, visit www.ksby.com/loved (the “Website”), click on the “Submit Local Business” tab, and accurately complete the entry form. Each Contestant will also be required to submit a video showcasing the Business, including the location, hours of operation, and what makes this Business special and local (the “Video”). Contestant must provide a link to the Video (uploaded to the video sharing platform of Contestant’s choice, although the platform must be accessible for the Sponsor without the payment of a fee) and submitted in the format required by the platform. The Video must be in English and no longer than 15 seconds in length.
Contestants may not enter the Contest more than once, and a Business may not be entered more than once. Multiple entries from the same Contestant or on behalf of the same Business will not be accepted if discovered by Sponsor. Multiple entries by means of software-generated or other automated processes will be disregarded if discovered by Sponsor. Illegible and incomplete entries are void. Sponsor is not responsible for interrupted, distorted, or incorrect broadcast information; lost, late, misdirected entries; or entries not received for any reason. If there is a dispute over who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email account identified on the entry 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 entries (but not the Videos) become the property of Sponsor and will not be returned. Sponsor will use the information you provide in accordance with its Privacy Policy.
Submitted Materials: Each Video must satisfy all of the following submission requirements (the “Submission Requirements”):
· The Video must be the original creation of Contestant.
· The Video must not portray any recognizable individual, other than the Contestant, without the express consent of the individual.
· Contestant must either own all rights to the Video or otherwise have the right to submit the Video in the Contest and to provide the rights to Sponsor as set forth herein.
· The Video must not portray any dangerous activity.
· Videos must not infringe any third party’s intellectual property right.
· The Video 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 Video 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 Video must be non-defamatory and must not invade any third party’s right of privacy or publicity.
· The Video must otherwise be appropriate for publication or broadcast on KSBY and NSBY or display on a general interest website and have sufficiently high production quality that it can be broadcast on KSBY and NSBY.
· The Video must be in compliance with the Terms of Use on the Website and the video platform.
By submitting a Video, each Contestant represents and warrants that the Video meets all of the Submission Requirements and that the distribution, reproduction, display, and any other uses of any part of the Video by Sponsor as permitted herein will not infringe any third-party rights. Each Contestant further agrees to indemnify and hold Released Parties (defined below) harmless from and against 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 Contestant of such warranties or representations made by Contestant or of these Official Rules.
By submitting a Video, Contestant grants to Sponsor (and to those acting on its behalf) 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 Video (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 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 Video. Furthermore, Contestant also grants other users permission to access Contestant’s Video and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish Contestant’s Submission for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Contestant otherwise will retain all rights in the Video.
If Sponsor determines, in its sole discretion and at any time during the Contest, that any Video 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 Video. Sponsor retains sole discretion as to whether any Video satisfies the Submission Requirements and the Official Rules.
WINNER SELECTION: Up to four winning Businesses will be selected after the close of each Entry Period. The winning Businesses will be determined by a panel of judges from all eligible, non-winning entries received by the close of each Entry Period. Judges will base their decisions equally on the Videos’: creativity and originality; appropriateness to the Contest theme; and clarity of explanation of how the Business is special and local. If fewer than four winning Businesses are selected in any Entry Period because there an insufficient number of eligible entries, Sponsor will attempt to select additional winners in subsequent Entry Periods so that a total of 48, or as close to 48 as possible, are selected over the course of the Contest. Non-winning entries are eligible during the entire Promotion Period and will carry over from one Entry Period to the next. If there is a tie for one of the prizes, Sponsor in its sole discretion will make the tie-breaking decision. Decisions of Sponsor are final on all matters. Limit one prize per Business.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify potential winning Contestants via telephone/email. If a potential winning Contestant and/or submitted Business: (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 Contestant and the submitted Business will be disqualified and an alternate winner will be selected by applying the criteria set forth above to remaining eligible, non-winning entries for that Entry Period, assuming a sufficient number of entries are received. Prizes will be awarded to the winning Businesses, but each potential winning Contestant may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID. before claiming the prize on behalf of the winning Business. All forms must be postmarked within 10 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: There will be up to 48 first prizes. Each first prize is a :30 commercial that will feature the winning Business and American Riviera Bank (“Commercial”). Each Commercial will include the Video submitted on behalf of the winning Business, and a :15 spot for American Riviera Bank. Commercials will air approximately 20 times in different dayparts on KSBY-TV (6.1) and/or NSBY-TV (6.2) and run for up to but not longer than four weeks, depending on availability of airtime. The approximate retail value of each prize is $1,500. Restrictions and limitations apply. Neither the winning Business nor Contestant will have any right of approval over the Commercial. Sponsor, in its sole discretion, will make the decisions on all final Commercials to be aired, and the dates and timing of when the Commercials air, and Sponsor will not provide winner with a report showing when and where the Commercials aired.
Prize consists 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 winner is permitted. Prize subject to all terms, conditions and restrictions imposed by issuer. All properly claimed prizes will be awarded provided a sufficient number of eligible entries are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.”
Federal, state, and local taxes on prize, 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 winner. 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 an entry in the Contest constitutes permission to the Sponsor to use Contestant and the submitted Business’ name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof for purposes of advertising and trade, in any medium in connection with the Contest, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, Contestants and their Businesses 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, Contestant and/or Business’ participation in this Contest or any Contest-related activities (including, without limitation, any Commercial aired as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the Contestant in connection with the Contest; any non-compliance by the Contestant or Business with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Contestant’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 entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner).
OTHER TERMS: Released Parties are 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. Released Parties are 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 Contestant’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 a technical failure destroys 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 remaining winners for all remaining Entry Periods by applying the criteria set forth above to all eligible, non-suspect, non-winning entries received as of the termination date, or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances. Sponsor will post notice of its action on the 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 Sweepstakes. Sponsor reserves the right to disqualify any Contestant or Business from further participation in the Contest if Sponsor concludes, in its sole discretion, that such Contestant or Business: (a) has attempted to tamper with the entry process or other operation of the Contest; (b) has failed to comply with 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 Contestant or Business 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 the Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, CONTESTANTS AND BUSINESSES AGREE THAT 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 ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY CONTESTANT AND/OR BUSINESS 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 Contestants, Businesses, and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The state and federal courts located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All Contestants, Businesses, and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Hamilton County, Ohio 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.
WINNER LIST: For the winner names, available after the close of the Promotion Period, send a self-addressed, stamped envelope to: Locally Owned Locally Loved Winner List, KSBY-TV, 1772 Calle Joaquin, San Luis Obispo, CA 93405 to be received by 60 days after the close of the Promotion Period.
SPONSORS: Scripps Media, Inc. (KSBY-TV), 1772 Calle Joaquin, San Luis Obispo, CA 93405; American Riviera Bank, 1033 Anacapa Street, Santa Barbara, CA 93101.
