2021 KSBY One Class at a Time
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The 2021 KSBY One Class at a Time Promotion (“Contest”) begins on February 8, 2021 at 12:01 am Pacific Time (“PT”) and ends on May 2, 2021 at 11:59 pm PT (“Promotion Period”). The promotion period will be divided into 6 entry periods (each, an “Entry Period). Entry Period 1 will begin on February 8, 2021 at 12:01 am PT and end on February 21, 2021 at 11:59 pm PT. Entry Period 2 will begin on February 22, 2021 at 12:01 am PT and end on March 7, 2021 at 11:59 pm PT. Entry Period 3 will begin on March 8, 2021 at 12:01 am PT and end on March 21, 2021 at 11:59pm PT. Entry Period 4 will begin on March 22, 2021 at 12:01 am PT and end on April 4, 2021 at 11:59pm PT. Entry Period 5 will begin on April 5, 2021 at 12:01 am PT and end on April 18, 2021 at 11:59pm PT. Entry Period 6 will begin on April 19, 2021 at 12:01 am PT and end on May 2, 2021 at 11:59pm PT. 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. To participate, a nominator (“Nominator”) will submit a nomination (“Nomination”) nominating a teacher (“Teacher”) in the Contest.
ELIGIBILITY: To be eligible, a Teacher must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in California in San Luis Obispo or Santa Barbara counties (the “Promotion Area”). A Teacher must teach full or part-time at a public or private elementary school, middle school/junior high, or high school located in the Promotion Area. Pre-school and college teachers are not eligible. School administrators and staff members are not eligible, and substitute teachers are not eligible. Individuals who coach but do not also teach at the school are not eligible. Private tutors are not eligible. 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. Employees of Scripps Media, Inc. (KSBY-TV), Laurus College, Sunset Honda (collectively, “Sponsor”), their respective parents, affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any 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. 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 Teacher for the Contest by going to www.ksby.com/oneclassatatime and following the on-screen instructions to complete the online Nomination form. Nominators will also be required to submit an essay describing why the Teacher should be chosen as a “One Class at a Time” award winner (the “Essay”), including how the Teacher demonstrates some or all of the following qualifications: 1) an inspiring example to others by instilling a love of learning and igniting the imagination of their students; 2) going above and beyond to aid a student in a time of need; and/or 3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The Essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete.
Nominators may not enter the Contest more than once, which means that a Nominator cannot nominate more than one Teacher, and a Teacher cannot be nominated more than once. If a Teacher is nominated more than once, only the first Nomination received will be eligible.
Illegible and incomplete Nominations are void. 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 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.
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.
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 Entry Period, a panel of judges will select one potential One Class at a Time winner from eligible Nominations for that Entry Period. Judges will base their decisions on the Essays’ demonstrations of how the Teacher meets the criteria set forth in the TO ENTER section in these Official Rules. Non-winning Nominations will carry over from one Entry Period to the next. There will be a total of 6 One Class at a Time winners during the Promotion Period. If there is a tie for first, Sponsor in its sole discretion will make the tie-breaking decision. Limit one One Class at a Time winner per person and per household address.
WINNER NOTIFICATION AND RELEASES: Sponsor will attempt to notify the potential winning Teacher, and the Nominator who submitted the potential winning Nomination via telephone or email to notify the winning Teacher of their status and confirm acceptance of the prize. If either of the potential winning Teacher or the Nominator who nominated that winning Teacher: (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, he or she will be disqualified and an alternate winner will be selected from the relevant pool of Nominations by applying the criteria set forth above. Each potential winning Teacher 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 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: There are 6 One Class at a Time Prizes, one per Entry Period. Each winning Teacher will receive a $500 Visa® gift card (ARV: $500/winner).
The winning Teacher and/or Nominator may also receive an opportunity to be featured in a KSBY-TV news segment (the “Appearance”) on a date to be determined at the sole discretion of Sponsor and at the time most convenient for the Sponsor. Winner and Nominator 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. If the Appearance does not occur for any reason, no alternate prize will be awarded. Sponsor will attempt to give Winner advance notice of the Appearance date. If Winner or Nominator are 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 winner 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. If the winning Nominator does not have a chance to do the Appearance because of scheduling or other difficulties, no alternate prize will be awarded. There is no ARV associated with the Appearance portion of the prize.
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 winning Teacher 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.” Winning Teacher must pick up their prize at KSBY-TV, 1772 Calle Joaquin, San Luis Obispo, CA 93405 M-F between 9AM – 5PM no later than 10 days after prize notification.
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 the winning Teacher. 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 the Contest constitutes permission to contact the Nominator and Teacher (or parent or legal guardian of Teacher who is a minor) 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 entering 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, any event attended 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 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 Teacher). 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 promotion, 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 Teachers for remaining Entry Periods by applying the criteria set forth above to all eligible, non-suspect 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 individual (Nominator or Teacher) 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 Teacher 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 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 participants 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.
WINNERS LIST: For the winner name(s), available after May 7, 2021, send a self-addressed, stamped envelope to: 2021 One Class at a Time Winners List, KSBY-TV, 1772 Calle Joaquin, San Luis Obispo, CA 93405 to be received by July 1, 2021.
SPONSORS: Scripps Media, Inc. (KSBY-TV), 1772 Calle Joaquin, San Luis Obispo, CA 93405; Laurus College, 411 E. Battles Road Suite 202, Santa Maria, CA 93454; Sunset Honda, PO Box 1108, Atascadero, CA 93423.
VISA® is a registered trademark of Visa, Inc. Visa, Inc. is not a sponsor of or affiliated with this promotion.