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.
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 THE SPONSOR (as defined below).
Participation in “The Hardee’s® Pick the Winner Pro Football Contest” (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 for reasons outside the control of Sponsor. 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. Official Rules for the national weekly and grand prize winners and the “Survivor Game” Bonus Game are located at http://myfox8.profootball.upickem.net/profootball/misc/rules.asp (“National Official Rules”).
1.Eligibility: Entrants must be legal US residents, at least 18 years old or above as of September 5, 2014, 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, LLC, Hardee’s Restaurants, LLC, Second Street Media, Inc. and their respective parent and affiliated companies, (collectively, the “Sponsor”), the Contest’s participating sponsors and affiliates, promotional agencies and their advertising agencies (collectively with the Sponsor, the “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 based on weekly professional football score results and begins on Friday, September 5, 2014 at 12:01am EST and ends on Sunday, February 1, 2015. 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 during the entire NFL season as well as all playoff games. In the case of a tie breaker, you will be asked to predict the score for the winning and losing team of the designated game. You may enter your picks and score prediction until fifteen (15) minutes before the start of each game (and designated game). You may pick or not pick as many games as you want during the season, provided however, that once you select a winner for a particular game, you will not be able to change your pick. If you fail to select a winner for any game, your pick will default to 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 properly 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.
Up to five (5) local participants with the most points for each week of the Hardee’s® Pro Football season will tentatively be deemed a weekly prize winner.
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.
The participant with the highest total “net score” at the end of the season among ALL entries nationwide(not just those in the WGHP Market Area) will be deemed the Grand Prize winner, and will receive the Grand Prize from Hardee’s® and UPICKEM described below. 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 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.
In addition to the weekly local and total net score picks conducted by WGHP, Sponsors are conducting an additional “Pro Football Regular Season Survivor Game"Bonus Game.
To play the Survivor Game, select the one team you are sure 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 during the regular season. If a game results in a tie, it counts as a win and the participant advances. If you guess wrong, you are still eligible to continue to participate in the main game. The participant who makes it through the entire regular season predicting a winner each week will win the Survivor Game prize. If more than one player makes it through the entire regular season Survivor Game, the winner will be determined based on the total scores for each tied player through the end of the regular season main game, and if there is still a tie, then the last week "Score Approximation" tiebreaker process for the main game will be used.
Participants with one (1) wrong guess in the Survivor Game will be able to continue to play and are eligible for the second chance prize. If more than one player makes it through the second chance game, the winner will be determined based on the total scores for each tied player through the end of the regular season main game, and if there is still a tie, then the last week "Score Approximation" tiebreaker process for the main game will be used. Those with more than two (2) wrong guesses can continue to play for fun and are eligible to win a prize selected randomly from all participants in the Survivor Game.
4. Prize: The Five (5) local weekly winners will each win a prize pack of coupons from Hardee’s® valued at $28.00 (includes Two coupons for one (1) free Hardee’s® 1/3 lb. Original Thickburger®, Two coupons for one (1) free Hardee’s® Made From Scratch Biscuit™ and Four coupons for one (1) free Hardee’s® 3 piece Hand-Breaded Chicken Tenders™). Coupon expiration dates and terms and conditions apply.
As part of the National component of this contest, one weekly winner with the highest score among ALL entries nationwide (subject to the tie-breaking procedures set forth in the National Official Rules) will receive one NFL themed Fathead of each winner’s choosing. The approximate retail value of the weekly prize is between $89 and $99. Prizes as part of the National component are provided by Second Street.
Local Survivor Bonus Game Prize: Bonus – Sponsors will provide local winners the following: Overall Survivor Winner: Hardee’s® Hand-Breaded Chicken Tenders™ for one year (includes 52 coupons for one (1) Free Hardee’s® 3 piece Hand-Breaded Chicken Tenders™ per week for 52 weeks). ARV $186.68. Coupon expiration dates and terms and conditions apply. 2nd Chance - $50 Visa Card with FOX8 prize bag, Random Drawing from all Survivor Game participants - $25 Visa Card with FOX8 prize bag. All Visa Gift Cards will expire December 2015.
National Survivor Bonus Game Prize: Bonus - Overall: $500 Amazon Gift Card; 2nd Chance - $200 Amazon Gift Card; Drawing from all Survivor Game participants - $100 Amazon Gift Card.
Grand Prize Winner – The Grand Prize Winner, which involves ALL entries nationwide, and as selected above, will receive a trip for two to Hawaii. The Grand Prize is subject to the National Official Rules. Includes airfare from United States and 7 nights lodging in Maui valued at $5,000. Trip must be taken in 2015. Food, gratuity and incidentals not included. Cash prize of $5,000 can be substituted for the trip.
Travel dates, to be determined by the winner and all reservations and booking must go through them. Travel arrangements must be booked by February 8, 2015 and travel must be completed by 12/31/2015. Grand Prize does not include local ground transportation to or from departure and arrival airports or around; food or entertainment expenses including gratuities; sightseeing expenses; or any other incidental cost or expense incurred by Winner and his/her Guest during the trip not specifically referenced herein. Sponsors will not refund the difference between the approximate retail value and the actual Grand Prize Value.
Conditions on Travel Elements: Grand Prize winner and his/her guest must be 21 years of age or older at the time of travel, must travel together on the same itinerary, and must possess all required travel documents. Travel may only be redeemed on the dates and at times determined by Sponsor. Air travel is non-transferable, not changeable and not valid for upgrades and/or frequent flyer miles.
Travel and hotel accommodations are subject to availability. Grand Prizewinner may be required to present at least one valid major credit card in order to check into hotel room and to cover any incidentals not included in the prize package. No Sponsor nor any prize provider shall be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, or any other person or entities providing any of these Travel elements or services. If Grand Prizewinner or his/her Guest is not able to travel during the travel dates provided by the Sponsor, or otherwise fails to use or redeem any element of the prize, such prize (or prize element) shall be forfeited and no additional or substitute prize or compensation will be provided. If Winner elects to travel without a guest, no additional compensation will be awarded.
5. Winner Notifications: The Weekly Contest winners will be notified by email after 10:00am EST each Tuesday during the Contest period, starting with September 9, 2014. Survivor winners will be notified (email notification) within 24 hours upon completion of the Survivor game and Grand Prize winner is notified (email notification) with 24 hour upon completion of the season, February 2, 2015. Winners must have a valid email address where they can be notified. If a winner is ineligible, 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: 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.
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 PROHIBITED AND MAY RESULT IN DISQUALIFICATION.
8. 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 W9 form is received.
9. 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. If Promotion Parties determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest , Promotion Parties reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest. If Promotion Parties terminate or modify the Contest, information will be posted on the official Contest website. 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.
10. Indemnification/Hold Harmless: By participating, entrants agree: (a) to release, discharge, and hold harmless the Promotion Parties, Sponsors, WGHP, 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 (b) 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.
11. 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), (viii) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant, or (ix) 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. The Released Parties are not responsible or liable for any prize(s) lost during shipment due to any (i) incorrect or inaccurate shipping information, (ii) any technical or human error, omission, change of mailing address, (iii) or due to theft, or destruction of, tampering with, unauthorized access to, or alteration of shipping information, (iv) or for any lost, stolen, damaged or unclaimed shipments (or any combination thereof), (v) or due to any other factor, including but not limited to, natural disasters or acts of God or man (or any combination thereof) without limitation. 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 or for any prizes due to the reasons set forth herein.
UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.
12. Choice of Law/Forum: North Carolina law shall govern this Contest, without regard to 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.
13.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 September 5, 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.
14.Names of Winners: For a list of local 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) between Feb 3 and Feb 8, 2015.
For a list of national prize winners, send a separate, self-addressed, stamped envelope to Second Street Media, Inc., located at 317 N. 11th Street, Suite 200, St. Louis, MO 63101 no later than February 28, 2015.
15. 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.
16. 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, Hardee’s Restaurants, LLC (100 North Broadway, Suite 1200, St. Louis, MO 63102) and WGHP, LLC, 2005 Francis Street, High Point, NC, 27263.