OFFICIAL RULES
1. NO PURCHASE NECESSARY. The Subway Super Fan of the Week Contest is sponsored by WBTW, Media General Operations, Inc. d/b/a Subway and Summit Communications. The geographic scope of this sweepstakes includes only the states of North and South Carolina.
2. Sweepstakes is subject to all federal, state and local laws. Void where prohibited. WBTW shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules. Limit one (1) entry per person. Limit one (1) prize per household. “Household” includes all persons residing together in a single residence, whether or not related.
3. Contest begins on Friday, August 12 and ends on Wednesday, November 23, 2016. Entry deadline is November 23 at 11:59 a.m.. EST. WBTW’s computer is the official time-keeping device for this Contest.
ELIGIBILITY
4. All entrants must be fifteen (15) years old and legal residents of the state of North or South Carolina at the time of entry.
5. Employees of Media General Operations, Inc. d/b/a WBTW, Subway, Summit Communications and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win.
PRIZES
6. Weekly Prizes: One (1) WBTW merchandise prize package and one (1) $25 Subway gift card
7. Total estimated value: $50
8. The odds of winning depend on the number of entries received.
PRIZE RESTRICTIONS
9. All details of all prizes shall be at WBTW’s sole discretion. Winners assume sole responsibility for all costs associated with the prizes not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), fees.
10. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. Prizes may not be transferred or substituted except that WBTW in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
11. Any portion of any prize not used by any winner is forfeit and no cash substitute will be offered or permitted. All prizes being offered are provided “as is” with no warranty or guarantee either express or implied by Sponsors. Merchandise prizes carry no warranty other than that offered by manufacturers. Sponsors have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
TO ENTER
12. Entries will be accepted beginning Friday, August 12, 2016 at 12:01 a.m. EST and ending Wednesday, November 23, 2016 at 11:59 a.m. EST (“Entry Period”). There are two (2) ways to enter:
a. Online: Enter by going to Instagram and submitting your Super Fan picture. Contestants must tag picture “@WBTWNews13” to be eligible. Pictures submitted must be of the entrants and cannot contain copyrighted material. Or…
b. Mail-In Entry: Mail picture to c/o WBTW News 13, 101 McDonald Court, Myrtle Beach, SC 29588, hand-printed or typed with the following information: (i) name, (ii) address, (iii) telephone number, (iv) e-mail address and (v) date of birth.
13. Limit one (1) entry per person or email address during the Entry Period, regardless of method of entry. Additional entries received from any such person or email address thereafter will be void. No group submissions will be accepted. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all Entries submitted by that Entrant. Limit one (1) mail-in entry per outer mail envelope.
14. To be eligible for the contest, all entries (regardless of the method of entry) must be received by WBTW no later than November 23 at 11:59 a.m. EST. Entrants who fail to provide the required information will not be eligible to win and will not be notified by WBTW. WBTW is not responsible for, and entrants assume all risk of, Entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by WBTW prior to the stated deadline, and all such Entries are void. All Entry Forms become the property of WBTW and will not be returned or acknowledged.
15. If you enter the Contest online, the information that you provide in connection with the Contest may be used by WBTW in accordance with its Privacy Policy, which is found at www.wbtw.com and which may be updated from time to time.
DETERMINING WINNERS
16. Beginning Friday, August 12 and ending Wednesday, November 23 at approximately 11:59 a.m. EST 2016, WBTW will choose one picture weekly that judges determine to best represent that week’s Super Fan. Final decisions based solely on number of entries and judges’ rankings.
WINNER NOTIFICATION
17. WBTW will contact the potential winners in accordance with the information supplied to WBTW on Instagram or in response to mail-in entries. Winners may be verified over the telephone at the time and may be asked to provide WBTW with valid identification and execute an affidavit of eligibility or declaration and, where legal, a publicity release, and return these documents within seven (7) days of notification. Acceptable identification includes a valid driver’s license or other valid picture ID showing name and address. The winners may also be required to sign other legal documents, including tax forms and a release supplied by WBTW that, among other disclaimers, releases Sponsors and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Contest and the receipt and use of any prize. Upon verification of eligibility, the names of winners may, in WBTW’s sole discretion, be posted at www.wbtw.com.
18. In the event that any potential winner (a) cannot be contacted directly by WBTW within four (4) days from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, WBTW in its discretion may disqualify that individual and an alternate winner will be chosen by most number of votes as soon as reasonably practicable after initial winner is determined to be ineligible. Alternate winner is subject to all eligibility requirements and restrictions of these Official Rules. If time permits, WBTW will pick up to three (3) alternate winners . If WBTW is unable to confirm an eligible winner for a particular prize after three (3) alternate vote tallies, no further drawings will be conducted for that prize and that prize will not be awarded.
PUBLICITY RELEASE
19. By accepting a prize, winners agree to award WBTW the right to publicize their names, photographs (including the use and appearance of winner’s photograph on WBTW’s web. Instagram or Facebook page), likenesses, biographical information, e-mail address, voices and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
20. Entrants agree that Media General, Inc., Media General Operations, Inc. d/b/a WBTW, Subway, Summit Communications and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Entries that for any reason are not received by WBTW by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of entries, the selection of winners, the prizes or otherwise in any Contest-related materials; (f) are not responsible for any unauthorized third party use of any Entry; (g) are not responsible for the inability to select Winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of Entry materials during or after the Contest, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
MISCELLANEOUS
21. WBTW reserves the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by WBTW in its sole discretion, at which time, WBTW will select the winner by conducting a random drawing from among all non-suspect entries received at the time of the Contest cancellation, termination or suspension.
22. WBTW reserves the right to prohibit any entrant from participating in the Contest if, at its sole discretion, WBTW finds such entrant to be tampering with the entry process or the operation of the Contest, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner WBTW determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or Sponsors; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules including by using an automated device or by using more than one e-mail address. Any failure by WBTW to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WBTW RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
23. WBTW reserves the right to correct typographical or clerical errors in any contest-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, WBTW reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
24. By entering the Contest, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
25. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, WBTW and any other Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of South Carolina or North Carolina, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of South Carolina or North Carolina. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of South Carolina County of Horry and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER’S LIST/OFFICIAL RULES COPY
26. For a copy of the Official Rules or the final Winners’ List, visit www.wbtw.com or mail a SASE to: Subway Super Fan of the Week Contest c/o WBTW News 13, 101 McDonald Court, Myrtle Beach, SC 29588 specifying either “Winners’ List Request” or “Official Rules Request.” Winners’ List will be available after January 1, 2017.