The Hardee’s® Pick the Winner Pro Football Contest
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING.Odds of winning will depend on the number of eligible entries received.
ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE APPLICATION AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE CONTEST. DISQUALIFICATION IS IN THE SOLE DISCRETION OF WGHP AND/OR LOCAL TV, LLC.
WGHP will conduct “The Hardee’s® Pick the Winner Pro Football Contest” (the “Contest”) substantially as described in these Official Rules (“Rules”). Participation in the contest constitutes entrant's full and unconditional agreement to, and acceptance of, these Rules. This contest may be temporarily postponed or discontinued at any time without prior notice. The contest is intended for play in the United States only, is void where prohibited, and is subject to all federal, state, and local laws and regulations. Do not participate if you are not eligible and located in the United States at the time of entry.
1.Eligibility: Entrants must be legal US residents, at least 18 years old or above, as determined by WGHP and reside in the Greensboro-High Point-Winston Salem, North Carolina DMA Designated Market Area as defined by The Nielsen Company. Employees of WGHP, Local TV LLC (collectively, the “Sponsor”), the Contest participating sponsors and affiliates, promotional agencies and their advertising agencies (collectively, “Promotion Parties”), employees of other television or radio stations, and members of the immediate families of such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Contest Period: The Contest is weekly and begins on Sunday, September 1, 2013 at 12:01am EST and ends on Sunday, February 2, 2014. Entries will be accepted until the published cutoff time for each game as posted on the picks page of the website. Sponsor reserves the right to shorten or extend the Contest Period.
3. Contest Entry: To enter the Contest, go to myFOX8.com and click on the Contest tab. Click on the “Hardee’s® Pro Football Contest”Contest graphic and follow procedure to enter the Contest. Select the team that you believe will be the winner of each pro football regular season and playoff game, and in the case of a tie breaker, predict the score for the winning and losing team of the designated game. You may enter your picks and score predictions until fifteen (15) minutes before the start of each game. If you fail to select a winner for any game, your pick will be the team that was selected by the majority of participants. However, you are not eligible to win a weekly prize if you fail to select a winner for more than one game in a given week, and you are not eligible to win the grand prize unless you complete your picks for each game for at least 11 weeks. The point value for selecting the winner of each game is as follows: Regular Season games: 1 point, Wild Card and Divisional Playoffs Game – 4 points, Conference Finals – 8 points – Championship game -16 points. If a game is canceled, postponed or forfeited for any reason, or if a game ends in a tie, no points will be awarded for the game.
The participants with the most points for each week of the Hardee’s® Pro Football regular season will be deemed a weekly prize winner. Eight (8) winners (or less if there are not 8 participants with the same weekly overall points). The participant with the highest total “net score” at the end of the season will be deemed the grand prize winner. A participant’s total “net score” will be determined by subtracting the participant’s 4 lowest weekly scores from his/her total score for all 21 weeks of the season and playoffs.
In the event of a tie for a weekly prize, the tie breaker will be set forth as follows from among all tied participants. (a) the score from the winning team will be subtracted from the actual score obtained by the winning team, and the difference multiplied by itself, (b) the score from the losing team will be subtracted from the actual score obtained by the losing team, and the difference is multiplied by itself, (c) the result in (a) is added to the result in (b) to obtain the "Score Approximation." The participant with the lowest "Score Approximation" will be deemed the winner. If a tie remains, the tie breaker will be based on the lowest "Score Approximation" in the previous week, continuing thereafter to each previous week in order, as needed, to break the tie. In the event of a tie for the grand prize, the participant with the lowest total "Score Approximation" for week 21, the championship game, will be declared the winner, then working back through the Score Approximations.
"Pro Football Regular Season Survivor Game" Bonus Game-National
To play the Bonus Game, select the one team you are most certain will win each week. If you pick correctly you advance to the next week. However, you can only pick each team to win one time. If a game results in a tie, it counts a win and player advances. If you guess wrong, you are still eligible to continue to participate in the main game, but not the Bonus Game. The player who makes it through the entire regular season will win the Bonus Game prize. If more than one player makes it through the entire regular season, the winner will be determined based on the total scores for each player through the end of the regular season, and if there is still a tie, then the last week tiebreaker will be used.
Participants with one wrong guess in the Bonus Game will be able to continue to play and are eligible for the second chance prize. Those with more than 2 wrong guesses can continue to play for fun, but will not be eligible for a Bonus Game prize.
Participants that are not eligible for the Bonus Game or second chance prize will go into a pool and the Upickem tool will randomly choose a winner.
Participants agree to abide by the terms of these Official Rules and that the decisions of the Promotion Parties are final and binding on all matters pertaining to the Contest. The Contest ends following the start of the pro football Championship Game. All entries become the property of WGHP and will not be returned. Incomplete entries will be disqualified. Entrants may be required to become registered users of the website and may not enter the Contest more than once. Multiple entries by means of software-generated or other automated processes will be disregarded. Detection of said automated entry will lead to such entries being voided in the Promotion Parties’ sole discretion. Only one registered account per entry. If multiple accounts are detected for a single entrant, the accounts will be voided and the entries will be disqualified in the Promotion Parties’ sole discretion. In the event of a dispute as to any registration, the authorized account holder of the email address or account used to register will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. The Promotion Parties reserve the right to use any and all information related to the Contest, including information on entrants obtained through the Contest, for marketing purposes or any other purpose, unless prohibited by law. The Promotion Parties reserve the right to contact entrants and all other individuals whose email address is submitted as part of this promotion.
4. Prize: Eight (8) winners or less, (winners determined by highest scores of the week) will a prize pack of coupons from Hardee’s® valued at $21.54 that includes 2 free 1/3 lb. Original Thickburger®, 2 free ¼ lb. Little Thickburger® and 2 free 3 Piece Hand-Breaded Chicken Tenders™.
Weekly - One NFL themed Fathead of the winner’s choosing will be provided to the winner (as specified above) by Fathead, LLC. The approximate retail value of the weekly prize is between $89 and $99.
Overall - The Grand Prize is a trip for two to Hawaii. Includes airfare from United States and 7 nights lodging in Maui valued at $5,000. Trip must be taken in 2014. Food, gratuity and incidentals not included. Cash prize of $5,000 can be substituted for the trip.
Bonus - Overall: $500 Amazon Gift Card; 2nd Chance - $200 Amazon Gift Card; Drawing - $100 Amazon Gift Card
5. Winner Notifications: The Contest winners will be notified by email after 10:00am EST each Wednesday during the Contest period, starting with September 4, 2013. Winners must have a valid email address where they can be notified. If a winner is unreachable after seven (7) days, or if that winner is unavailable for prize fulfillment, the Promotion Parties reserve the right to award the prize to another winner. If the Promotion Parties cannot find an eligible winner for the prize, that prize will not be awarded. All results are unofficial until winners are verified.
6. Prize Acceptance/Restrictions: Only one (1) winner per household. Winners are subject to verification by WGHP of the winner’s name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00). In order to claim his or her prize, each winner must appear in person at the business offices of WGHP, located at 2005 Francis Street, High Point, North Carolina 27263. Winners will be required to sign an Affidavit of Eligibility/Release of Liability and Publicity, and may be required to provide a completed W-9, per Section 9 below. Failure to do so will disqualify the winner. No entries from individuals under the age of 18 will be accepted. If a winner is disqualified, the Promotion Parties reserve the right to determine an alternate winner or to not award that winner’s prize at all. Prizes cannot be redeemed for cash or substituted for any other items by any winner. The Promotion Parties reserve the right to substitute any prize with another prize of equal or greater value. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Promotion Parties. Costs of transportation and accommodations, where applicable, and any other cost not specifically included in the prize are the sole responsibility of the winners.
7. Publicity Release: By participating in the Contest, each entrant acknowledges that his/her entry in the Contest constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
8. Telephone and Delivery Disclaimer: The Promotion Parties disclaim all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Promotion Parties’ control, or otherwise. The Promotion Parties disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Promotion Parties are not responsible for mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW AND TO DISQUALIFY ANY SUCH INDIVIDUAL FROM PARTICIPATION IN THE CONTEST OR ANY OTHER CONTEST.
9. Taxes: Any valuation of the prize(s) stated above is based on available information provided to WGHP, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsor at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide Sponsor with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded. Sponsor shall have the right, but not the obligation, to require any winner to complete and submit an IRS form W-9. Sponsor reserves the right to withhold prizes until the completed W-9 form is received.
10. Conditions:The Promotion Parties reserve the right, in their sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in The Promotion Parties’ sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Contest becomes corrupted due to interruption in wireless calling devices or wireless service for any reason, or (d) the Contest is otherwise not capable of running as planned. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges, which are final on all matters pertaining to the Contest. Any entrant who attempts to tamper with this Contest in any way or use fraudulent means to participate in and/or win the Contest shall be disqualified. The Promotion Parties reserve the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. The Promotion Parties are not responsible for cancellations, postponements, or delays. Other than the prizes received by the winner, no entrant shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Contest. The Promotion Parties shall have the sole discretion to administer the Contest and interpret and apply the Rules. This Contest is not intended for gambling. If The Promotion Parties determines that an entrant is using the Contest for gambling purposes, such entrant may be disqualified and reported to the authorities.
11. Indemnification/Hold Harmless: By participating, entrants agree: (a) to the Rules and decisions of the Promotion Parties, which shall be final in all respects; (b) to release, discharge, and hold harmless the Promotion Parties, WGHP, Local TV, LLC, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, officers, directors, employees, representatives, and agents (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, delivery, possession, misuse or use of a prize (including any travel or activity related thereto), or from participation in and/or entry into or creation of an entry for the Contest and/or the broadcast or exploitation or use of entry or any other Contest-related activity; and (c) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the Contest, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Contest, including attorneys’ fees.
12. Limitation of Liability:The Released Parties are not responsible or liable for: (i) any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Contest or in the announcement of the prize(s), (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (iii) failure of any entry to be received by Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (iv) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (v) damage to any computer (software or hardware) resulting from participation in the Contest, or damage to mobile phone or other PDA device, (vi) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (vii) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (viii) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the application process, including but not limited to postage, are the sole responsibility of each entrant and the Sponsor will not issue reimbursement for any expenses.
UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.
13. Choice of Law/Forum: All entrants agree, by participation in the Contest, to submit to the personal jurisdiction of the courts of North Carolina. North Carolina law shall govern this Contest, without regard North Carolina’s choice of law rules. The courts of North Carolina shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Contest.
14.Official Rules:To request a copy of the Rules, send a self-addressed stamped envelope to WGHP, located at 2005 Francis Street, High Point, North Carolina 27263, by February 28, 2014. Written copies of these Rules are also available during normal business hours (9am – 5pm Est) at WGHP’s business offices or online at www.myFOX8.com.com.
15.Names of Winners: For a list of prize winners, send a separate, self-addressed, stamped envelope to WGHP, located at 2005 Francis Street, High Point, North Carolina 27263, or appear in person at that location between normal business hours (9am- 5pm EST) after September 4, 2013 and February 28, 2014.
16. Compliance with Law: The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Promotion Parties shall follow the applicable laws for conducting Contest.
17. Rights Reserved: The content, information, data, designs and code associated with the Contest and Contest website are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsor and/or UPICKEM without the express written consent of its owner is strictly prohibited. UPICKEM is a trademark of Second Street Media, Inc.
This Contest is sponsored by Second Street Media, Inc., 317 N 11th Street, Suite 200, St. Louis, MO, 63101.