Your Favorite Charity 2020
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Your Favorite Charity 2020 (the “Promotion”) entry begins on August 17, 2020 at 12:01 a.m. Pacific Time (“PT”) and ends on August 28, 2020 at 11:59 p.m. PT (“Promotion Period”). 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 Promotion. All times mentioned in these Official Rules are Pacific Time unless expressly noted otherwise. To participate, a nominator (“Entrant”) will submit a nomination (“Nomination”) nominating a Charity (“Charity”) in the Promotion.
ELIGIBILITY: To be eligible, a Charity must be a registered 501(c)(3) organization, and it must be based in and provide services within the counties of San Luis Obispo and/or Santa Barbara, California. The Charity is eligible if it provides services directly to the residents of the counties of San Luis Obispo and/or Santa Barbara, California or if the Charity provides services to directly benefit the residents the counties of San Luis Obispo and/or Santa Barbara, California. Sponsor will determine the eligibility of a Charity in their sole discretion. To be eligible, an Entrant must be a legal U.S. resident at least 18 years of age as of date of Nomination and reside in California in the counties of San Luis Obispo or Santa Barbara (the “Promotion Area”). Void wherever prohibited by law. Individuals who have won prizes from promotions sponsored by KSBY in the past 30 days are not eligible. Employees of Scripps Media, Inc. (KSBY), The Haven at Pismo, Hyundai of San Luis Obispo (collectively, “Sponsor”), their respective parents, affiliates, subsidiaries, advertising and promotion agencies, prize suppliers, including any vendors providing services in connection with this Promotion (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, Entrants agree to be bound by the Official Rules and the decisions of Sponsor.
TO ENTER: During the Promotion Period, an Entrant can nominate a Charity for the Promotion by going to https://www.ksby.com/yourfavoritecharity and following the on-screen instructions to complete the online Nomination form and selecting which of the five categories this Nomination qualifies for: Arts & Culture; Education & Youth Development; Environment & Animals; Health & Human Services; and Community Development (the “Category” or “Categories”). Entrants will also be required to submit an Essay, stating why the Charity falls into the chosen Category, how the Charity currently impacts the counties of San Luis Obispo and/or Santa Barbara, Californiacommunity and/or residents, and how the recognition will help further the Charity’s impact in the local San Luis Obispo and/or Santa Barbara, California community and/or residents (the “Essay” or “Entry”). The Essay must be in English and no more than 1,000 words. All information provided must be truthful, accurate and complete.
Incomplete Nominations will be disqualified. Mulitple nominations for the same Charity will be accepted. Entrants may not enter the Promotion more than once, which means that an Entrant cannot nominate more than one Charity. 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 Essay) become the property of Sponsor and will not be returned.
Submitted Materials: Each Entry must satisfy all of the following submission requirements (the “Submission Requirements”:
- The Entry must be the original creation of Entrant.
- The Entry must not portray any recognizable individual without their prior consent.
- Entrant must either own all rights to the Entry or otherwise have the right to submit the Entry in the Promotion and to provide the rights to Sponsor as set forth herein.
- The Entry must not portray any dangerous activity.
- The Entry must not infringe any third party’s intellectual property right.
- The Entry 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 Entry 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 Entry must be non-defamatory and must not invade any third party’s right of privacy or publicity.
- The Entry must otherwise be appropriate for publication or broadcast or display on a general interest website.
By submitting an Entry, each Entrant represents and warrants that the Entry meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Entry by Sponsor as permitted herein will not infringe any third party rights. Each Entrant 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 Entrant of such warranties or representations made by Entrant or of these Official Rules.
By submitting an Entry, Entrant grants to Sponsor (and to those acting on its behalf) a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the Entry) to display or otherwise use the Entry in connection with this Promotion and as set forth herein.
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 the Official Rules.
FINALIST AND WINNER SELECTION: A panel of judges designated by Sponsor will judge the Entries in each Category, based on the explaination of why the Charity falls into the chosen Category, how the Charity impacts the local communities of San Luis Obispo County and/or Santa Barbara County, California and its residents (50%), and how the Charity will impact the local communities of San Luis Obispo County and/or Santa Barbara County, California and its residents if it is selected as the Promotion winner (50%). Judges will select 4 finalists (the “Finalists”) in each of the five Categories. If there is a tie for the 4th Finalist in each of the Categories, the tie-breaker is determined by Judges in their sole discretion by re-judging the tied nominations based on the above criteria. The Finalist Entries will be posted for public voting at https://www.ksby.com/yourfavoritecharity from September 8, 2020 at 12:01 a.m. PT through September 25, 2020 at 11:59 p.m. PT (“Voting Period”). After the close of the Voting Period, all properly cast votes will be tallied and the winner in each Category will be the Charity who receives the most votes in that Category (the “Category Winner”). If there is a tie for the prize, the tie-breaker is determined by Judges in their sole discretion by re-judging the tied Finalists based on the above criteria.Of the five Category Winning Charities, the Charity that receives the most votes overall will be designated as Your Favorite Charity 2020 winner. If there is a tie for the top vote getter amoung the five Category Winners, the winner will be determined by holding another public voting period for the tied Category Winning Charities, at a time to be determined by Sponsor, and the top vote getter of that public vote will be deemed the Your Favorite Charity 2020 winner. Limit one Category prize per Charity. Decisions of Sponsor are final on all matters.
CONDITIONS APPLICABLE TO PUBLIC VOTING: Each voter is limited to one vote per IP address. Voters must be 14 years old or older and must be physically located in the United States when they cast their vote. The use of automated devices for voting is not permitted and will result in the disqualification of all votes received through that method and/or from that voter. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar participation methods or agents, vote exchange websites, vote “farming” or other method to vote or unfairly increase votes, as determined by Sponsor in its sole discretion, is prohibited and will void all votes submitted by that voter. Moreover, if Sponsor concludes, in its sole discretion, that any Entrant or Charity has colluded with a voter in the activities set forth above or has participated in or actively encouraged such activity, whether directly or indirectly, Sponsor may disqualify that Entrant or Charity from further participation in the Promotion and or eligibility for any prize.
WINNER NOTIFICATION AND RELEASES: On or around September 28, 2020, Sponsor will attempt to notify the potential winning Charity, and the Nominator via telephone or email to notify the winning Charity of their status. If a potential winning Charity: (a) does not respond within 2 business days 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 by applying the criteria set forth above. Potential winning Charity 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 and return the same documentation before claiming the prize or being allowed to participate in any prize activities. 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. Decisions of Sponsor are final on all matters.
PRIZES: Five Category Winner Prizes - one (1) winner in each of the five (5) categories who receives the most votes for that specific category will receive a check, made payable to that Charity, in the amount of $2,000 (ARV: $2,000).
One Your Favorite Charity 2020 Prize Winner – the one (1) Charity of the five (5) Category Winners who receives the most votes will be the “Your Favorite Charity” and receive an additional check in the amount of $8,000 (ARV: $8,000), made payable to that Charity. The Your Favorite Charity total prize ARV is $10,000.
Checks are made payable to the Charity. A representative of each winning Chartity must sign the Affidavit/Prize Release, provide valid identification and a W9 for the Charity to the Sponsor. Checks will be mailed to the winning Charities’ addresses provided on the tax form after they provide the required documentation to Sponsor. It may take up to (45) forty five days for the winner to receive the check in the mail. Sponsor is not responsible for any lost check or checks not received by the winner, that were sent to the address provided on the tax form.
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 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. Winner may be required to visit KSBY, 1772 Calle Joaquin, San Luis Obispo, CA 93405 M-F between 9AM – 5PM no later than 30 days from date of notification.
Prizes are awarded “AS IS.” 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 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 a Nomination in the Promotion constitutes permission to the Sponsor to use Entrant’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 Promotion, in any medium, without further notice, approval, or compensation, unless prohibited by law.
LIABILITY RELEASE & INDEMNIFICATION: By entering this Promotion, Entrants 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, Entrant’s participation in this Promotion or any Promotion-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 Entrant in connection with the Promotion; any non-compliance by the Entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Entrant’s involvement with the Promotion; acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion; 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). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Promotion.
OTHER TERMS: Sponsor 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 Promotion, 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 Promotion whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Promotion as determined by Sponsor, in its sole discretion. If Sponsor terminates the Promotion, Sponsor will determine the winners for all remaining prizes 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 Promotion website. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the Nomination process or other operation of the Promotion; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Promotion; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Entrant or Charity 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 Promotion, the terms of these Official Rules will govern.
GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, 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 ENTRANT WITH REGARD TO THIS PROMOTION, 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 Entrants and Sponsor in connection with the Nomination 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 Promotion. All participants and winners agree, by their participation in the Promotion, 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, available after October 1, 2020, send a self-addressed, stamped envelope to: Your Favorite Charity Winner List, 1772 Calle Joaquin, San Luis Obispo, CA 93405 to be received by December 1, 2020.
SPONSORS: Scripps Media, Inc. (KSBY), 1772 Calle Joaquin, San Luis Obispo, CA 93405; The Haven at Pismo c/o Julianna Bachitt, 391 Front Street Suite E, Grover Beach, CA 93433; Hyundai San Luis Obispo c/o Rob Haupt, 1407 Auto Park Way, San Luis Obispo, CA 93405.
