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Terms of Service
Nexstar Broadcasting, Inc., together with its Affiliates (collectively, “Company”, “we”, “us”, or “our”), offers this website (the “Site”) and all related mobile and/or desktop applications (the “Applications”, and, together with the Site, the “Properties”), including without limitation all content, materials, information, software, products and services available on the Properties, to you, the user, conditioned upon your acceptance of these Terms of Use. For purposes of these Terms of Use, “Affiliates” means any entity that we control, are controlled by, or are under common control with.
Please read these Terms of Use carefully. By visiting or using the Site or the Applications, you agree to be bound by these Terms of Use and to use the Properties in accordance with these Terms of Use, our Privacy Policy, which is incorporated herein by reference, and any additional terms and conditions that may apply to specific sections of the Properties or to products and services available through the Properties. If you do not agree with these Terms of Use, you must immediately discontinue your use of the Properties.
We reserve the right to change or discontinue at any time any aspect or feature of the Properties without notice to you. Additionally, we reserve the right to change these Terms of Use or to impose new conditions on use of the Properties from time to time, in which case we will post the revised Terms of Use on the Properties. Any modifications are effective immediately upon posting. By continuing to use the Properties after we post any such changes, you accept the modified Terms of Use.
PERSONAL AND NONCOMMERCIAL USE
The Properties are for your personal and noncommercial use only, unless otherwise permitted by us. The Properties are not designed for or marketed to children under age thirteen. As a condition of your continued use of the Properties, you warrant to us that you will not use the Properties for any purpose that is prohibited by these Terms of Use or by applicable international, federal, state, or local laws, and that you are at least thirteen years of age.
PROHIBITED CONDUCT/ACTIVITY
It is a condition of your use of the Properties that you do not:
Restrict or inhibit any other user from using and enjoying the Properties.
Interfere with or disrupt any servers or networks used to provide the Properties or their features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Properties.
Use any robot, spider, spyware, or any other device, method, or processes on the Properties, for any purpose.
Gain unauthorized access to the Properties, or any account, computer system, or network connected to the Properties, by hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Properties.
Use the Properties to post or transmit any information, software or other material that contains a virus, worm, time bomb, or other harmful component.
Use the Properties to post, transmit or in any way exploit any information, software or other material for commercial purposes.
Gather, for marketing purposes, any email addresses or other personal information that has been posted by other users of the Properties without prior, written consent from us or the data subject.
Use the Properties to engage in or conduct any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs.
ACCOUNT SECURITY
To access certain components of our Properties, you may be asked to complete an online registration form. Any information provided during the registration process must be complete, current and accurate. If security information, a user name, or a password is created or provided to enable access to the Properties pursuant to your registration, you must treat such information as confidential and not disclose it to any other person or entity. You understand and agree that any information you provide through the Properties will be governed by our Privacy Policy. We reserve the right to disable and/or suspend your account for any reason or no reason, in our sole discretion.
THIRD PARTY WEBSITES
The Properties may contain hyperlinks to websites offered by third parties. Such hyperlinks are provided for your convenience only. We are not responsible for the content of any such website and our inclusion of hyperlinks to such websites does not imply any endorsement or sponsorship by us of the material on such websites or any association with their operators.
LINKING
Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to the content on the Properties, provided that the hyperlink accurately describes the content as it appears on the Properties. We reserve the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Properties or any of their content or copy portions of the Properties to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Properties must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Properties.
INTELLECTUAL PROPERTY
The Properties and all the materials available on the Properties are the property of us or our licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Properties or the materials available on the Properties in a manner that infringes the owner’s rights or that has not been authorized by the owner. Except as otherwise expressly provided in these Terms of Use, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transmit, transfer, sell, exploit, or distribute in any manner or medium (including by email or other electronic means) any material contained on the Properties without the prior consent of the owner. None of the material contained on the Properties may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent.
Your use of any software available on or through on the Properties is governed by the end user license agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such end user license agreement. For any software not accompanied by an end user license agreement, we hereby grant to you a limited personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by us in accordance with these Terms of Use, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms of Use.
You may make single copies of materials displayed on the Properties for your personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Properties. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us or from the owner of the copied material. Requests to reproduce materials on the Properties for distribution or other purposes should be sent to us at the address provided below. You may also embed any videos that we make available on our Properties, provided, however, that you acknowledge and agree that we may remove any such videos at any time, in our sole discretion and without notice to or consent from you, which will render such videos unusable.
COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes that any material on the Properties infringe your copyright, you may seek to have the material removed by sending us a notice that includes: (a) your full name, address and telephone number; (b) your e-mail address; (c) identification of the copyrighted work(s) that you believe to be infringed; (d) identification of the infringing material and information sufficient for us to locate the material; (e) a statement of your good faith belief that the material infringes your copyright and the use is not authorized by the copyright owner, its agent or the law; (f) a statement, under penalty of perjury, that the information provided in the notice is accurate, and that you are the copyright owner or you are authorized to act for the copyright owner; and (g) your physical or electronic signature.
Company’s Copyright Agent to receive notices of claimed infringement can be reached at:
General Counsel, Copyright Agent
Address: 545 E. John Carpenter Freeway, Suite 700, Irving, Texas 75062
Email: copyright@nexstar.tv
Phone: (972) 373-8800
Upon receipt of a notice complying with all of the above requirements, we will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Properties. We may terminate Site and/or Application privileges for repeat infringers.
If you believe that material you posted on the Properties is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to use the content and post such content on the Properties, you may file a counter-notification (“Counter-Notice”) with us by submitting written notification to our copyright agent (identified below). The Counter-Notice must include the following information: (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Properties may be found) and that you will accept such service from the person (or an agent of that person) who provided the Properties with the complaint at issue.
Please be aware that if you knowingly materially misrepresent that material or activity on the Properties was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under 17 U.S.C. § 512(f) of the Digital Millennium Copyright Act.
Company’s Copyright Agent to receive a completed Counter-Notice can be reached at:
General Counsel, Copyright Agent
Address: 545 E. John Carpenter Freeway, Suite 700, Irving, Texas 75062
Email: copyright@nexstar.tv
Phone: (972) 373-8800
USER CONTENT
We may allow you to upload, post, transmit or otherwise provide content, including but not limited to photos, video, audio, comments, articles, and blogs to the Properties (“User Content”). You agree that you are solely responsible for any User Content that you provide. By posting or submitting any User Content to us via the Properties, you represent and warrant that: (i) you are the owner of the material, or are making your post or submission with the express consent of the owner of the material; (ii) neither your User Content nor use thereof as contemplated by these Terms of Use infringe the intellectual property rights of any third party; and (iii) you are thirteen years of age or older.
Rules Governing User Content: In consideration for being allowed to post or contribute User Content, you agree that your failure to abide by the following rules in using the Properties shall constitute a material breach of these Terms of Use.
Do not provide User Content that is harmful to minors in any way.
Do not post or submit User Content that is obscene, profane, graphic, sexually explicit, vulgar, pornographic, indecent, libelous, slanderous, defamatory, harmful, harassing, abusive, threatening, illegal, immoral, hateful, discriminatory, or knowingly false.
Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, international, state or local law, regulation or authority.
Do not impersonate another person or entity, permit any other person or entity to use your identification to post or view User Content, or otherwise falsely state or misrepresent your affiliation with a person or entity.
Do not provide User Content that infringes the copyright, trademark, patent, trade secret, publicity, or other intellectual property or proprietary rights of others or that is invasive of another person’s privacy.
Do not provide User Content containing malicious components, including but not limited to viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. The fact that material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. You may not post or transmit content belonging to any person or party other than yourself unless you have prior written consent of the owner.
Our Right to Remove User Content. We do not assume any responsibility for the consequences of any User Content on the Properties. If we are notified of User Content alleged not to conform to the rules set forth in these Terms of Use, we may investigate the allegation. We reserve the right, but are not obligated, to remove User Content that fails to conform to these Terms of Use. In addition, we reserve the right, but are not obligated, to delete any User Content posted on the Properties, regardless of whether such User Content violates these Terms of Use.
Our Right to Use User Content. By posting User Content to the Properties, you are granting to us and our licensees a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, unrestricted right and license to use, copy, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, sell, distribute, perform, display, and otherwise exploit your User Content, in whole or in part, in any manner or medium, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for any purpose, without notice or additional consideration to you. You further grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
We do not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, employees, agents, licensors and suppliers from and against any and all claims, actions, demands, liens, allegations, damages of every kind and description, encumbrances, losses, costs, expenses, fines, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of the Properties or any content, product or service offered through the Properties; (ii) your use of any User Content or use by others of User Content submitted by you; or (iii) your infringement or alleged infringement of the copyright, trademark, patent, publicity rights, or other proprietary rights of third parties or your breach or alleged breach of any representation, warranty, or covenant made by you in these Terms of Use. Either we or the indemnified party will notify you of any such claim, suit or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. You may not settle any such claim, suit, or proceeding without the indemnified party’s prior written consent.
NO WARRANTIES
YOU USE THE PROPERTIES AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION THAT ANY CONTENT CONTAINED ON THE PROPERTIES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER US NOR OUR SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PROPERTIES, OR ANY WARRANTY OR REPRESENTATION THAT THE PROPERTIES OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROPERTIES, INCLUDING THE SERVERS THAT MAKE THEM AVAILABLE, WILL MEET YOUR EXPECTATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE PROPERTIES ON BEHALF OF COMPANY.
YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE PROPERTIES. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF, THAT HARDWARE AND/OR SOFTWARE.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL WE OR ANY OF OUR EMPLOYEES, PARENTS, SUBSIDIARIES, LICENSORS, SUPPLIERS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE PROPERTIES, DELAY OR INABILITY TO USE THE PROPERTIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE PROPERTIES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT WE AND OUR LICENSORS, SUPPLIERS, PROVIDERS OF INFORMATION, AGENTS AND ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE PROPERTIES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PROPERTIES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE PROPERTIES, OR WITH ANY OF THE PROPERTIES’ TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE PROPERTIES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TERMINATION OF PRIVILEGES
You understand that we have no obligation to monitor any areas of the Properties, including those through which users can supply User Content. However, we reserve the right at all times to monitor any areas of the Properties to determine compliance with these Terms of Use and any other operating rules that may be established by us from time to time. We reserve the right to deny, suspend, or terminate access to the Properties or any features of the Properties to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Properties or infringes the rights of others or for any other reason to be determined in our sole discretion. We also reserve the right to remove or refuse to post any information, User Content, or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.
We have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Properties.
In the event of termination, you are no longer authorized to access the part(s) of the Properties affected by such termination. The restrictions imposed on you with respect to material downloaded from the Properties, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any such termination.
PRIVACY
You may have to submit certain information to us in order to use certain features of the Properties and we may collect certain information about you when you use the Properties. By using the Properties you consent to our use, collection, storage, and dissemination of your information. Our collection of any information from or about you is governed by our Privacy Policy.
GENERAL
These Terms of Use (including the Privacy Policy incorporated herein by reference) constitute the entire agreement and understanding between you and us with respect to your use of the Properties, and supersede all prior or contemporaneous communications and/or proposals. In the event any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severable from these Terms of Use and such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Waiver by us of any breach or failure to comply with any provision of these Terms of Use by you shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of these Terms of Use. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Properties to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
JURISDICTION
The Properties are controlled by us from the United States of America. We make no representation that materials on the Properties are appropriate or available for use in other locations. Those who choose to access the Properties from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms of Use shall be governed in accordance with the laws of the State of Texas, excluding its choice of laws provision. Any action brought to enforce these Terms of Use shall be brought in the state or federal courts located in Dallas County, Texas.
CONTACT US
If you have any questions about these Terms of Use or your dealings with us you may contact us:
By email: PrivacyAdministrator@nexstar.tv
By phone: (972) 373-8800
By mail: Digital Privacy Administrator
Nexstar Broadcasting, Inc.
545 E. John Carpenter, Suite 700
Irving, Texas 75062
Thank you for visiting our Properties.
Privacy Policy
1. GENERAL
Thank you for visiting WBTW.COM, which is operated by WBTW (owned by Nexstar Broadcasting, Inc.), affiliates of Nexstar Broadcasting, Inc. and Mission Broadcasting, Inc. (“Nexstar”, “we”, “us”, or “our”). We respect the privacy of visitors to our websites, mobile sites, and applications (each a “Property” and collectively the “Properties”). Because we gather certain types of information from users of our Properties, we feel that you should know how we collect, use, disclose, manage and store such information. This privacy policy (“Privacy Policy”) describes, among other things, the types of information collected about you when you visit our Properties; how your information may be used and when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected.
This Privacy Policy does not apply to any information you may provide to us offline or through any means other than our Properties. For example, this Privacy Policy does not apply to information that you provide to us at a live event, or when you respond by postal mail or telephone to a survey or an invitation to enter a sweepstakes or contest, or to any other instances in which we may collect information from you offline. This Privacy Policy also does not cover any information collected through any other site or application even if the other site or application is linked to our Properties.
Please read this Privacy Policy carefully so that you understand our online privacy practices. Your continued use of, and/or participation on our Properties, indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. By visiting our Properties, you agree that your visit and any dispute regarding our privacy practices is governed by this Privacy Policy and our Terms of Use.
From time to time we may revise this Privacy Policy to reflect industry initiatives or changes in the law, our Personal Information collection and use practices, and/or the features of the Properties or technology. Your continued use of, and/or participation on, the Properties after we post a revised version of this Privacy Policy, signifies your acceptance of the revised Privacy Policy. Such modified Privacy Policy will be posted on this page. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes.
2. TYPES OF INFORMATION WE COLLECT FROM YOU.
We may collect information that individually identifies you (“Personal Information”). Personal Information may include but is not limited to: your name; physical address; phone number; e-mail address; or any combination of information that individually identifies you.
We may also collect information that does not individually identify you (“Other Information”). Other Information may include but is not limited to: any combination of information that does not individually identify you; statistical and aggregated data on the specific pages you access or visit; or any information that is not otherwise defined as Personal Information.
3. COLLECTION OF YOUR PERSONAL INFORMATION AND OTHER INFORMATION
Information Provided Directly to Us.
We believe that we can enhance your experience on our Properties through the information you share with us. However, you may choose to enjoy some of the content and features on our Properties without directly providing us with any information about you; but, as described below, some information is automatically collected when you visit our Properties. In addition, in order for you to take advantage of certain features and services offered on our Properties, you may be required to provide us with Personal Information.
The Properties provide certain activities in which we gather Personal Information from users of the Properties, such as an activity that requires that a user complete a registration process and receive/select a “user name” and password. Registration to participate in these Property activities may require the submission of your email address, zip code, date of birth and other Personal Information. Other Information and Personal Information that may be submitted include your password hints, gender, personal interests, industry you work in, occupation/role, household income, communication preferences, preferred news source, and any other information you provide to us in order to use a Property feature or service. If you choose to make a purchase or sign up for a paid subscription service, we will ask for additional information, such as your credit card number and billing address. You may also provide us with photographs or video materials that contain Personal Information about you. In addition, you may have the ability to opt in to additional subscription services, such as email news alerts or promotional and marketing information to be received directly from our advertisers (those who pay us to place advertisements on our Properties) which may require you to provide certain Personal Information.
We may collect Personal Information and Other Information from the testimonials or posts you may provide. If you submit any testimonials to be posted on our Properties, we will obtain your consent prior to using your name and testimonial.
We may also collect Personal Information about you when such information is provided by another individual on your behalf (for example, if another individual submits a birthday notice with your name and email address). For certain activities you may be asked to submit a person’s name, address, phone number and/or email address.
Information Collected Automatically.
In addition to the information that you may provide to us, our Properties also automatically collect Personal Information and/or Other Information about you that may include information related to your computer, including your browser type, operating system and computer monitor resolution; your Internet Protocol (IP) address (the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area); sites and/or applications you visited before and after visiting our Properties; web pages and advertisements you view; links you click on our Properties; unique identifiers, including mobile device identification numbers, that can identify the physical location of such devices in accordance with applicable law (provided that if we choose to implement such functionality, we will obtain your consent on your first use of the service); information collected through cookies, web beacons, and other technologies; information about your interactions with video content, such as the type of content viewed; information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded; and standard server log information.
Information Obtained from Other Sources.
Where permitted by applicable law, we may also obtain Other Information (e.g. demographic information, interests, purchases, etc.) and/or Personal Information about you from other sources, including through interactive applications (such as mobile devices, third-party services, and embedded video players), from co-branded partners, from sites/applications (for example, on our pages on Facebook), and from commercially available sources (such as data aggregators and public databases).
Combining Information.
Please note that all of the information we collect about you may be combined, to help us tailor our communications to you and to develop rich online content and services across the Properties.
Wireless Device Information.
Unless otherwise provided in a separate registration page, we do not request for marketing purposes, contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as “wireless.bellsouth.com”) as part of the contact information. Federal law prohibits the sending of commercial marketing email messages directly to a wireless device that uses a domain name, unless you have first given your affirmative consent. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest/sweepstakes or membership club. However, we will not knowingly use that contact information for sending commercial marketing email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name, as such messages are not deemed to be commercial marketing email.
4. COOKIES AND SIMILAR TECHNOLOGIES
You should be aware that Other Information and data may be automatically collected on the Properties through the use of cookies, web beacons and other similar technologies. While the data collected through the use of such technologies does not contain Personal Information, once you choose to furnish our Properties with Personal Information, this information may be linked to the data stored in a cookie and such information may be used to personalize your experience with our Properties (for example, recognizing you by name when you return the Property), saving your password in password protected areas or enabling you to use shopping carts on our Properties. Web beacons and cookies may also be used to collect, aggregate and analyze anonymous tracking data to help measure and track traffic and general user behavior. We may also use such technologies to help us offer you more relevant information or products and services of interest to you. Cookies also identify you to our servers allowing you the opportunity to avoid reentering your email and password each time you access the Properties.
Our third party service providers, advertisers and affiliates may use cookies, web beacons and other similar technologies to manage or measure the performance of their information displayed or delivered over our Properties. For more information regarding this use, please see our Links to Third Party Sites and/or Applications” section below.
We may also use technical methods in our HTML emails that we send to you to determine whether you have opened or forwarded an email and/or clicked on links in those emails, to customize the display of banner advertising and other messages to you, to determine whether you have made an inquiry or purchase in response to a particular email and other similar activities. These technical methods may enable us to collect and use your Personal Information.
5. SOCIAL NETWORKING
You can also engage with our content, such as videos, games, applications, and other offerings, on or through third-party social networking sites, such as Facebook, Twitter and other third-party social media plug-ins and applications. When you engage with our content on or through third party social networking sites, plug-ins, and/or applications, you may allow us to have access to certain information from your social media profile (e.g., name, e-mail address, photo(s), gender, birthday, location, your list of friends, people you follow and/or who follow you, the posts or the “likes” you make) to deliver the content or as part of the operation of the application or plug-in. We may also obtain Other Information (e.g., content viewed, game performance, high scores, and information regarding advertisements within the content you have been shown and may have clicked on) from your interaction with our content.
When you provide Personal Information and/or Other Information from your social media account, it can help enable us to do things like (1) give you exclusive content, (2) personalize your online experience with us within and outside our Properties, and (3) contact you through the social networking sites or directly by sending you the latest news, special offerings, and rewards. By doing so, you consent to the use of this information in accordance with our Privacy Policy. When you provide Personal Information and/or Other Information to us through an application, on our Properties, or on social networking sites (e.g., in the form of a post or through profile information to be viewed by others), it may be publicly viewed by other members of these sites and/or applications and we cannot prevent further use of the information by third parties.
Through some social networking sites’ privacy settings, you can control what data you share. For more information about how social networking sites handle your Personal Information, please refer to their privacy policies and terms of use.
6. OUR USE OF YOUR INFORMATION
We use your Personal Information and Other Information, to provide you with features, services or goods, or information you request, to respond to your questions or comments related to us or the Properties, and to enable you to participate in features such as surveys, polls, contests/sweepstakes, activities, and message boards. We also use your Personal Information and Other Information to notify you about updates, new features, programming and promotions that may be of interest to you. We may use your Personal Information and Other Information collected, to communicate with you when you have won a contest or sweepstakes, or to contact you about your account with us. We use the Personal Information and Other Information that you provide about others to enable us to send them your gifts, cards, or emails you may wish to send from our Properties.
We may use your Personal Information and Other Information for hiring, operational and business purposes, or to find out how we can improve our company and Properties via surveys or online tracking mechanisms. We may use aggregated Personal Information and Other Information collected directly during the registration process and/or via cookies, web beacons, and other similar technologies to help us evaluate and modify existing services and features, as well as provide demographic and geographic information to advertisers. We may also use your Personal Information and Other Information to develop new services and features that may be of interest to you.
We may use the Personal Information and Other Information you provide about yourself or others to enforce the legal terms of use for our Properties and for any other purpose for which you provided the information.
If you choose to submit content for publication, we may publish your screen name and/or other data you have provided.
Although we hope you find the content we provide to you through our Properties to be useful, you may always opt out of receiving communications from us by changing your privacy preferences in your member profile, or by deleting your profile from our database. Please see the opt-out procedures in “Your Choices Regarding Your Personal Information and Receipt of Communications” section set forth below for more information.
7. OUR DISCLOSURE OF YOUR INFORMATION
We may share information, including your Personal Information and Other Information, with our affiliates, service providers and advertisers. We may also disclose your Personal Information in response to a court order or subpoena, in response to a law enforcement agency request; when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or to anyone that could be harmed by such activities; in situations involving threats to the physical safety of any person; where it is necessary to investigate, prevent or take action regarding illegal activity or suspected fraud; or as otherwise required by law. We may transfer Personal Information and Other Information about you if we are acquired by, sold to or merged with another company.
Our agents and contractors who have access to your Personal Information and Other Information are required to protect the information in a manner consistent with our Privacy Policy and may not use the information for any other purposes other than to carry out the activity they are performing on our behalf. However, we may disclose your Personal Information and Other Information to third parties who are not covered by this Privacy Policy (e.g., marketers, retailers, non-profit organizations, participatory databases) that want to market products or services to you. To opt out of having your Personal Information sent to third parties for direct marketing purposes, please see the Section below titled, “Your Choices Regarding Your Personal Information and Receipt of Communications”, for more information.
When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotion, your Personal Information may be disclosed to sponsors and third parties who help administer the promotion, including in connection with winner selection and prize fulfillment. Your Personal Information also may be disclosed as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing the sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law.
Our Properties may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Properties offer shopping or other commercial services, you will be asked to use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age). We will use the financial information that you provide to bill you for products and services. By giving us your credit card and related Personal Information, you are authorizing our store to give that information to the merchant and the credit card company in order to confirm and fulfill your order. We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
We and our Properties continue to expand our online presence in order to offer users rich and deep interactive experiences. We may share information we collect about you through our Properties so that we can provide you with information about products and services that might interest you.
We may share aggregated or anonymized data with third parties. This information cannot be used to individually identify you. Much of the information we collect is in the form of aggregated statistics, such as the traffic generated by visits on various pages within our Properties, and the habits and preferences of our audience. Such aggregated data does not include any information that would identify you personally. We may use such aggregated data and disclose it to third parties as we see fit.
If you have signed up to receive our emails and prefer not to receive marketing information from our Properties, follow the unsubscribe instructions provided on any such email you receive from our Properties.
This Privacy Policy addresses only our use of information we collect from you online. It does not apply to information you choose to disclose to other parties whether through chat rooms, forums, personal ads or interactive areas of our Properties that allow you to submit or post your own content or the like. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. Accordingly, information you disclose on message boards, in chat rooms and forums, through content you provide or in any other way can be viewed, collected and/or used by others and we are not responsible for information you disclose in this manner.
8. LINKS TO THIRD PARTY SITES AND/OR APPLICATIONS
We may sometimes offer content that is sponsored by or co-branded with identified third parties. The Properties may also contain links to the sites and/or applications of third parties not affiliated with us, such as advertisers. If you click on an advertiser’s advertisement, you will link to the advertiser’s site and/or application.
Once you leave our Properties via such a link or by clicking on an advertisement, you should check the applicable privacy policy of the third parties, advertiser site, or application to determine how they will handle any information they collect from you. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by us. We are NOT responsible for the privacy practices or the content on any of these other sites or applications, including any sites or applications that may indicate a special relationship or “partnership” with us. If you decide to access any of the third-party sites or applications linked to the Properties, you do so entirely at your own risk.
9. THIRD PARTY ONLINE ADVERTISING
We may work with one or more advertisers, advertising agencies, advertising networks, and/or audience segment providers to help deliver advertisements or other content on our Properties. These third parties may utilize cookies, web beacons, or similar technologies on your computer, mobile, or other device to serve you advertisements or content tailored to your perceived or stated interests and/or preferences based on information you provided, and/or your browsing behavior, on the Properties and/or other sites and applications you have visited. These third parties may also use such technologies to help determine whether you previously have seen particular advertisements or content and to avoid sending you duplicates. In doing so, these third parties collect information such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other click stream data. You may learn more about interest-based advertising at http://www.aboutads.info.
In all of the above instances, our Privacy Policy will not apply to any information collected by these third parties. This collection of information is not under our control and such third party information practices may be different than ours.
Further, these third parties may offer you a way to choose not to have your information used for interest-based advertising purposes (sometimes called online behavioral advertising). To opt-out and/or manage your preferences for interest-based advertising, please visit the Network Advertising Initiative Consumer Opt-Out Page at http://www.aboutads.info/choices, the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices, the European Interactive Digital Advertising Alliance online choice page at http://www.youronlinechoices.eu, and the Digital Advertising Alliance of Canada online choice page at http://www.youradchoices.ca. We adhere to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising.
Please note that if you choose to opt out of having your information used to deliver advertisements tailored to your interests, you will continue to see advertisements on our Properties, but these advertisements may not be as relevant to you.
10. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION AND RECEIPT OF COMMUNICATIONS.
We respect your privacy and your ability to choose what information you share with us and what communications you receive from us.
Personal Information.
You may elect not to provide us with any Personal Information by not creating an account on the Properties or registering for any Property sponsored promotion, contest or sweepstakes, etc. To the extent that you have created an account and/or registered on the Properties, but wish to remove or modify your Personal Information contained in our database, you may delete or modify your account profile at any time (if applicable), or send an e-mail to PrivacyAdministrator@nexstar.tv with your specific request to disable your account profile or modify/delete your Personal Information.
If you ask us to disable your account profile or modify/delete your Personal Information, we will satisfy such request within a reasonable period of time. However, we may need to retain some information about you in order to satisfy our legal and security obligations. For example, some of your Personal Information may remain in back-up storage even if you ask us to delete it.
If you would like to prevent disclosure of your Personal Information for use in direct marketing by a third party, you may opt out by informing Nexstar to discontinue such disclosure, by e-mail to PrivacyAdministrator@nexstar.tv or by mail at the following address:
Digital Privacy Administrator
Nexstar Broadcasting, Inc.
545 E. John Carpenter Freeway, Suite 700
Irving, TX 75062
Testimonials
You may elect not to provide us with any testimonials by not submitting such testimonial. To the extent that you have submitted a testimonial, you may modify or delete your testimonial at any time by sending an e-mail to PrivacyAdministrator@nexstar.tv with your specific request to modify/delete your testimonial.
Discontinuing Receipt of Nexstar Communications.
If you receive any communication from us that you prefer not to receive (e.g., e-mails, text/voice messages, or push notifications), you may elect to discontinue receipt of such communications from us.
To discontinue receipt of future e-mail communications from us, you may modify your contact options in your account profile (if applicable), follow the unsubscribe instructions contained in any email communication, or send an e-mail to PrivacyAdministrator@nexstar.tv requesting that e-mail communications be discontinued. However, even if you unsubscribe from receiving email communications, we still may need to send you communications relating to your use of our Properties, such as service announcements.
To discontinue receipt of text and/or voice messages, you may do so by following the instructions contained in any such message (e.g., texting “STOP” in response to a text message). In certain instances, you may receive one additional message confirming your request has been received. In addition, you may text “HELP” for help with text messages. If you are still having problems regarding text and/or voice messages, you can send an email to PrivacyAdministrator@nexstar.tv. Neither Nexstar, its agents nor mobile carriers are liable for delayed or undelivered messages.
To discontinue receipt of push notifications, please adjust the settings on your mobile device or within our application.
Sharing of Personal Information.
If you do not want your Personal Information shared with third parties in the manner discussed in “Our Disclosure of Your Information” section above, please notify Nexstar by e-mail to PrivacyAdministrator@nexstar.tv or at the following address:
Digital Privacy Administrator
Nexstar Broadcasting, Inc.
545 E. John Carpenter Freeway, Suite 700
Irving, TX 75062
Do Not Track
We support the Do Not Track browser setting. When you have Do Not Track enabled in your browser, we will not collect browser-related information about you. For more information regarding Do Not Track, including how to turn on Do Not Track, visit www.donottrack.us. We encourage users who are interested in limiting the information we collect to search online for tools and services (e.g., NAI’s consumer opt-out gateway or the Google Analytics Opt-out Browser Add-on) to prevent or opt-out of collection.
Cookies
If you do not want information collected through the use of “cookies” there is a simple procedure in most browsers that allows you to deny or accept cookies. You may set your browser to accept all or certain cookies, block all or certain cookies, or require your consent before accepting a cookie. Blocking our cookies will affect your online experience and may prevent you from experiencing certain features of our Properties.
11. REVIEWING OR CORRECTING YOUR PERSONAL INFORMATION
If you’ve created a password protected account within our Properties, you can access that account to review and update the Personal Information you provided. You may also update or amend your information by sending an email to PrivacyAdministrator@nexstar.tv. We will provide you with a list of your Personal Information within thirty (30) calendar days from receipt of your request. There may be certain instances in which we may not be able to provide the Personal Information, such as when access would violate the privacy of another individual or when access is prohibited by law.
12. YOUR CALIFORNIA PRIVACY RIGHTS
California law allows California residents, once a year and free of charge, to request information about certain types of Personal Information (if any) that a business has disclosed to third parties for their direct marketing purposes in the prior calendar year. However, under the law, we are not required to provide this information as long as we: (1) notify you that you have the right to prevent disclosure of Personal Information, and (2) provide you with a cost-free means to exercise that right. If you are a California resident and would like to prevent disclosure of your Personal Information for use in direct marketing by a third party, you may opt out by informing Nexstar to discontinue such disclosure. If you desire to opt out, please notify Nexstar by e-mail to PrivacyAdministrator@nexstar.tv or by mail at the following address:
Digital Privacy Administrator
Nexstar Broadcasting, Inc.
545 E. John Carpenter Freeway, Suite 700
Irving, TX 75062
Additionally, if you are a California resident under the age of 18, and a registered user of any Property where this Privacy Policy is posted, you may request and potentially obtain removal of content or Personal Information you have publicly posted. To make such a request, please send an e-mail to caleraser@nexstar.tv. All requests must provide: (a) a detailed description of the specific content or Personal Information you want removed; (b) information reasonably sufficient to permit us to locate the content or Personal Information, including but not limited to the name and URL (if applicable) of the Property where such information is located; and (c) your registered username and contact information reasonably sufficient to contact you if we have questions. We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for requests that are not properly sent, and may not be able to respond or take appropriate action if you do not provide complete information. Please also note that requests for removal do not ensure removal of the content or Personal Information you have posted, and there may be circumstances in which the law does not require or allow for removal even if requested.
13. SECURITY OF INFORMATION
We take reasonable security precautions to secure the Personal Information that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, we cannot ensure or warrant the security of any Personal Information that you transmit to us. Any such transmission is done at your own risk.
We do not and will not ever request your login information, password or credit card information in an unsecured or unsolicited email or telephone communication. This practice is commonly known as “phishing.” For more information about “phishing” and protecting your Personal Information from identity theft, you may want to visit the Federal Trade Commission at www.ftc.gov.
14. OUR COMMITMENT TO CHILDREN’S PRIVACY
Our Properties are intended for a general audience and we do not knowingly collect or store Personal Information about children under the age of 13. We may ask for a birth date to ensure that we are not collecting Personal Information from children under 13 or to identify when additional steps may need to be taken in connection with Personal Information collected from children under 18. In those instances where we have actual knowledge that we are collecting Personal Information from children or the Properties offer a service directed toward children, we will comply with applicable laws.
15. APPLICABLE LAW
We control and operate our Properties from the United States. The Properties are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Properties are appropriate for use in any particular jurisdiction. Those who choose to access the Properties do so at their own initiative and are responsible for complying with all applicable laws, rules and regulations. Further by using and participating in our Properties or providing us with your information, you consent to the collection, transfer, storage, access and processing of your information in and/or outside of the jurisdiction in which you reside.
16.UPDATES
This Privacy Policy is effective as of December 1, 2016. Because Internet technologies are rapidly changing, we reserve the right to make changes to this Privacy Policy at any time, in our sole discretion. All changes will be promptly posted on this page, with an updated “effective date.” Your continued viewing, browsing, use or access of the Properties following our posting of an updated Privacy Policy will constitute your binding acceptance of those changes.
17. CONTACT INFORMATION
If you have any questions or comments about our Privacy Policy please send an e-mail to PrivacyAdministrator@nexstar.tv.
Rules
Around Town with Rainee Kite Sweepstakes
Official Rules
1. Sponsors. This Contest (“Contest”) is sponsored by WBTW News 13 (“Station”). This Contest is void where taxed, restricted, or prohibited and is subject to all local, state, and federal laws. By entering, each entrant accepts and agrees to be bound by these Official Rules and the decisions of the Sponsor(s), which shall be final and not subject to appeal.
2. Eligibility. No purchase necessary to enter. The Contest is open to legal U.S. citizens who reside within the WBTW viewing area and who are at least 18 years of age at the time of entry. Current or former employees of WBTW, Nexstar Broadcasting, Inc., the other Sponsors, the other television and radio stations and multichannel video programming distributors in WBTW’s viewing area, their parent companies, subsidiaries, affiliates, advertising or promotional agencies (including anyone who prepares and/or distributes contest materials), and the immediate family members or persons living in the same household (whether related or not) of all the foregoing are not eligible to participate or win. The term “immediate family members” includes spouses, grandparents, parents, siblings, children and grandchildren.
Participants are eligible to win a WBTW contest or sweepstakes only once every 90 days. Only one winner per household is permitted in any contest or sweepstakes. Participants are eligible to win a prize valued at $600.00 or more only once every six months. Text, data, or messaging rates may apply.
3. Entry. Entries for this Contest will be accepted beginning on April 18, 2018 at 12:01AM and ending on December 28 at 2019. To enter the Contest, entrants must visit www.wbtw.com/contests and submit an entry form. Entrants must include their name, phone number and e-mail address in order to enter. One entry per person, per week will be accepted. Weekly entries must be received by 4:59PM on each Thursday to be considered for that week. Entries received after 4:59PM will be considered for the following week. Incomplete entries will not be considered.
For entries submitted online, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning the e-mail address or the domain associated with the submitted e-mail address. Any automated or computer-generated entries, fake or duplicate identities, spam, or improper techniques (as determined by Sponsors) will be disqualified. Any questions regarding the validity, completeness, or number of entries submitted by an individual or the identity of the authorized account holder of an e-mail address, phone number, or social media profile shall be determined by the Sponsors in their sole discretion. The Sponsors reserve the right to disqualify any entrant who acts in a disruptive, harassing, vulgar, or unsportsmanlike manner, as determined by the Sponsors in their sole discretion.
Entry materials that have been tampered with or altered are void. If the Sponsors determine, in their sole discretion, that there is any suspected or actual tampering (electronic or otherwise) with this sweepstakes or if technical difficulties (e.g. infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors) compromise the security, fairness, administration or integrity of this sweepstakes, the Sponsors reserve the right to void the entries at issue and/or modify, suspend, cancel, or terminate this sweepstakes and conduct a random drawing to award the prizes among all eligible entries received as of the termination date. If this sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at wbtw.com. Sponsors reserve the right to disqualify any participant that tampers with the operation of this sweepstakes or violates these Official Rules. Entries not conforming to announced entry specifications will not be acknowledged or returned.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO PROSECUTE OR SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering this sweepstakes online, participants agree to Station’s Terms of Use and the use of their personal information as described in the Privacy Policy located at wbtw.com. All entry materials become the property of the Sponsors, and entrants grant the Station the right to distribute all of their entry information to the other Sponsors. By entering, entrants grant the Sponsors the right to broadcast and distribute their name, image, likeness, voice, entry materials, and biographical information in any media whatsoever, including on the air on the Station and wbtw.com for any purpose whatsoever, worldwide, in perpetuity, without any further authorization or compensation to the entrant.
4. Odds of Winning. The odds of winning depend on the number of eligible entries received. Submitting multiple entries will increase an entrant’s odds of winning.
5. Prize(s). There will be a minimum of 37 winner(s) in this Contest. Each Thursday at 5:00PM or within a reasonable time thereafter, the winner(s) will be randomly selected from all eligible entries received for that week. Winner(s) will be notified that they won by phone or e-mail. The winner(s) will receive gift cards, tickets or comparable prizes. The approximate retail value of the prize(s) is $50. Entrants can win only once.
All results are unofficial until the winner is verified by the Sponsors. Prizes may not be exchanged, substituted, transferred or redeemed for other prizes by winner. Cash will not be awarded as a substitute for the prizes. Prizes are awarded ‘as is’ with no guarantees or warranties as to use, and the Sponsors are not responsible for defective prizes. The Sponsors make no representations or warranties with respect to the prizes, including merchantability or fitness for any particular purpose. The Sponsors reserve the right to substitute a prize in their sole discretion without an on-air or off-air announcement, in which case a prize of equal or greater value will be awarded. Acceptance of a prize releases the Stations, the other Sponsors and advertisers from all liability and claims concerning the prize, its delivery, and its use.
6. Conditions for Acceptance of the Prize(s). The winner(s) must claim the prize(s) in-person at the Station during regular business hours (M-F from 8:30 AM EST – 5:00 PM EST)). Prize(s) will not be mailed under any circumstances. The prize(s) must be claimed seven (7) days after each weekly drawing or it/they will be forfeited. Winner(s) will be required to provide a valid government issued photo identification card and to execute an affidavit of eligibility and publicity and liability release prior to receiving their prize(s). The Station may require the winner’s guests, invitees, or travel companions to sign liability releases prior to receiving the prize. All unclaimed or rejected prizes will be forfeited. Failure by the winner(s) to respond to the Station’s messages, calls, e-mails or other notifications will lead to forfeiture of the prize(s). Failure to completely fill out and sign all waivers, releases, or forms requested by the Station will result in forfeiture of the prize(s). Upon forfeiture of the prize(s), the Station has the right to award that prize to another winner using the method described above. A winner who forfeits any prize is not eligible to win another contest conducted by the Station for thirty (30) days. If this Contest is open to entrants under the age of 18, a winner is under the age of 18, a parent or legal guardian will be required to claim the prize(s) and execute all releases on behalf of the minor. If a prize winner is a minor, that winner’s travel companion must be his/her parent or legal guardian.
Payment of all federal, state and local taxes is the sole responsibility of the winner(s) and the winner(s) may receive an IRS 1099 Form or equivalent from the Sponsor(s). The Sponsor(s) will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one year period to the Internal Revenue Service. Winner(s) is/are required to fill out any tax forms requested by the Sponsor(s) in order to receive their prize(s).
The winner will be solely responsible for any and all license and registration fees, transportation costs, gratuities and other items of an incidental nature. All expenses on receipt and use of the prize are the sole responsibility of the winner, the Sponsors are not responsible for any weather changes or extenuating circumstances relating to a prize received. The Sponsors are not responsible for replacing or reimbursing the winner with any form of compensation for events that are delayed or canceled. All delays and cancellations are deemed beyond the control of the Sponsors. This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, game cancellations and delays, as well as all acts of nature. The Sponsors are not responsible for any expenses incurred by the winner as a result of such delays or cancellations. The Sponsors will not replace items that are lost or stolen. The Sponsors will not be responsible for failure to supply the prize by reason of force majeure events, such as acts of God, war, terrorist attacks, unusually severe weather, labor strikes, or other causes beyond the control of the Sponsors.
By accepting the prize, the winner (or, in the case of a minor, their parent/legal guardian) agree to have their name, voice, likeness, biographical information, and entry materials used in any advertising or broadcasting material relating to this sweepstakes, and in any media whatsoever, including the Station and on wbtw.com, for any purpose whatsoever, worldwide, in perpetuity, without any further authorization or compensation to the winner.
7. Limitation on Liability. Sponsor(s) disclaim(s) all liabilities to the winner(s) with respect to receipt and use of the prize(s). Winners and their guests or travel companions, by acceptance of their prize(s), agree to release and hold the Sponsor(s) and its/their affiliated companies, their advertising, promotion and production agencies, and their respective parent companies, subsidiaries, affiliates, officers, shareholders, directors, employees, agents and representatives harmless from any and all liability, claims, causes of actions, damages, fines, and costs of any kind whatsoever (including reasonable attorney’s fees) which may be sustained directly or indirectly to persons or property in connection with the receipt, ownership or use of the prize or while preparing for, participating in, and/or traveling to any Contest- or prize-related activity.
8. Reservation of Rights. Sponsor(s) reserve(s) the right to make changes to these Official Rules in their sole discretion which will become effective upon announcement. Sponsor(s) reserve(s) the right to cancel or terminate this Contest for any reason in the event that it cannot be run or administered as intended by the Sponsor(s). Any such changes or termination will be announced on wbtw.com. Any attempt by an entrant or any other individual to deliberately damage or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, Sponsor(s) reserve the right to prosecute or seek damages from any such person to the fullest extent permitted by law.
9. Contact Information. Copies of these Official Rules or a winners’ list may be obtained at WBTW News 13, 101 McDonald Court, Myrtle Beach, SC during regular business hours, at wbtw.com or by mailing a written request along with a self-addressed stamped envelope to WBTW News 13, 101 McDonald Court, Myrtle Beach, SC 29588 within sixty (60) days of the end of this sweepstakes.
