OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
2. Eligibility. Subject to the additional restrictions below, WHBQ-TV “Watch and Win Giveaway” (the “Sweepstakes”) is open to legal residents of the States of Tennessee, Arkansas & Mississippi who are 18 years or older at the time of entry. Employees of Imagicomm Memphis Operations, LLC d/b/a WHBQ (“Sponsor”), Imagicomm Communications LLC, and each of their respective parent, affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Sweepstakes or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Sweepstakes event.
Only one (1) prize winner may be selected from the same household every thirty (30) days in connection with any sweepstakes or contest sponsored or administered by Sponsor. If you or a member of your household has won a prize from Sponsor within the last thirty (30) days, you will be ineligible to receive a prize in this Sweepstakes.
By participating in the Sweepstakes, you agree to be bound by Sponsor’s Visitor Agreement located at http://www.fox13memphis.com/visitor_agreement and Sponsor’s Privacy Policy located at http://www.fox13memphis.com/privacy_policy which are hereby incorporated by reference.
3. How to Enter. The Sweepstakes will begin at 4:30 am Central Time (“CT”) on October 31, 2022 and end at 10:00 am CT on November 11, 2022 (the “Sweepstakes Period”). Sponsor will be the official timekeeper for the Sweepstakes.
Enter the Sweepstakes by watching FOX13 News weekdays between 4:30 a.m. CT and 10:00 a.m. CT on WHBQ-TV (the “Station”) during the Sweepstakes Period.
On each weekday at 4:30 a.m. CT and 10:00 a.m. CT during the Sweepstakes Period, the Station will display a “Word of the Day” (the “Keyword”). When you see the Keyword, text the Keyword to 46757 to be entered into such day’s drawing. To be eligible, you must text the correct Keyword to the Station any time before 10:30 a.m. CT on the day of the Keyword announcement. One (1) Keyword will be displayed per day during the Sweepstakes Period, for a total of ten (10) keywords. Keywords are revealed weekdays (Monday through Friday) only.
By texting a Keyword to 46757, you consent to receive one (1) automated reply text per entry to the number you provided Sponsor regarding your entry or this Sweepstakes. The text message you send is your electronic signature agreeing to these Official Rules and to giving electronic written consent to receive informational automated text messages from Sponsor regarding your entry or this Sweepstakes. Text and data rates apply. Participants may be charged for sending and receiving texts in connection with the Sweepstakes according to entrant’s carriers’ rate plan(s).
Entry Limit: one (1) entry per person per day per household.
Any winning entrant must be the same person who originally sent the text entry. No family members, friends, office associates, or any other person will be allowed to submit entries on another person’s behalf. The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and result in participant’s disqualification. Incomplete, forged, altered,
automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the requirements specified above, will be disqualified.
Sponsor will not be responsible for loss of text messaging service to either Sponsor or any participant or for a failure in receiving an entry due to malfunction of any network or system, congestion, any technical or human error, failures, or malfunctions of any kind, including the congestion, overload, busy signals, or any other factor. Sponsor reserves the right to disqualify any entries by persons who submit false or misleading information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes. In the event of a dispute, an entry will be declared made by the authorized account holder of the account from which the text message was sent. “Authorized account holder” is defined as the natural person who is assigned to a telephone number or other identifier automatically associated with the text message by a wireless service provider that is responsible for assigning the same.
All entries become property of Sponsor, and none will be returned. Any questions regarding the number of entries submitted or the owner of a mobile telephone account shall be determined by Sponsor in its sole discretion.
4. Winner Selection and Odds. On November 14, 2022, Sponsor will select one (1) potential winner for each day of the Sweepstakes from among the eligible entries received on that respective day in a random drawing. Sponsor will conduct a total of ten (10) drawings.
Odds of winning depend on the number of eligible entries received.
5. Prize Description.
Subject to verification of eligibility and compliance with these Official Rules, each winner will receive: One (1) $250 gas card (“Prize”). Gift cards subject to terms and conditions of gift card issuer; gift card issuer determined in Sponsor’s sole discretion.
Approximate retail value (“ARV”) of each Prize: $250.
Total ARV of all ten (10) Prizes to be awarded in the Sweepstakes: $2,500.
Prize limit per Winner: One (1) Prize per person per household during the Sweepstakes Period.
6. Winner Notification and Acceptance. Potential winners will be notified at the mobile number used to enter the Sweepstakes. If potential winner does not answer Sponsor’s call, Sponsor will attempt to leave a voicemail message. In order to claim a Prize, potential winner must respond within 72 hours from Sponsor’s first attempt to contact the potential winner.
Entry into the Sweepstakes shall be deemed consent to record any telephone conversation between a potential winner and Sponsor.
Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a Prize notification, the return of any Prize notification as undeliverable, inability to leave a voicemail message regarding the Prize notification, and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by a random drawing from among remaining eligible entries received during the Sweepstakes Period. Sponsor will conduct up to ten (10) alternate drawings, after which the Prize will remain unawarded.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
A winner may waive the right to receive a Prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a Prize. Any and all applicable federal, state and local taxes and fees associated with the Prize receipt and/or use are the sole responsibility of the winner.
Winner must truthfully and legibility complete, execute and return to Sponsor and Sponsor must receive a copy of winner’s “Affidavit of Eligibility, Publicity Release & Liability Release Waiver For Sweepstakes Winners” (“Affidavit”) for winner to be eligible to receive the Prize. Sponsor is not responsible for any failure in receiving winner’s signed Affidavit due to malfunction of any network or system, congestion, any technical or human error, failures, misdirected mail, or malfunctions of any kind or any other factor.
Sponsor shall mail Prizes to the Shipping Address identified in the Affidavit. Prizes shall only be shipped to addresses located in Tennessee, Arkansas, and Mississippi. Sponsor shall not be responsible for unclaimed, misdelivered, and undeliverable Prizes.
Upon Sponsor’s request, winners shall also complete and sign a W-9 Internal Revenue Service Tax Form including the winner’s tax identification number for tax purposes, and winner must provide any Sponsor-required documents for any guest of winner participating in the Prize or Prize-related event.
Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.
7. Publicity. Except where prohibited, acceptance of any Prize constitutes the winner’s irrevocable consent to the publication or other use by Sponsor, its affiliated companies, parents, subsidiaries, assignees and licensees of winner’s name, biographical information and likeness in any media, including the Internet, for any commercial, publicity or promotional purpose, without winner’s review or approval or payment of additional compensation.
8. Participation. By participating in the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor and any Sweepstakes judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering, or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of any aspect of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award Prizes based on the valid entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
9. Release. BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, IMAGICOMM COMMUNICATIONS LLC, AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE SWEEPSTAKES; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE SWEEPSTAKES OR ANY PRIZE.
10. Limitations of Liability. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEBSITE AND THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY
ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
Only the number of Prizes stated in these Official Rules is available to be won in the Sweepstakes. 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, Sponsor reserves the right to award the Prizes by a random drawing among all legitimate eligible Prize claims.
11. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
12. Sponsor. WHBQ-TV “Watch and Win Giveaway” is sponsored by Imagicomm Memphis Operations, LLC d/b/a WHBQ. The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Sweepstakes.
13. List of Winners. For a list of winners (available after 12/14), send a self-addressed, stamped envelope to “Winners List/Official Rules”, WHBQ-TV “Watch and Win Giveaway” Sweepstakes, 485 S. Highland St., Memphis, TN 38111. If you have any questions regarding this Sweepstakes, please contact WHBQ-TV marketing at 901-320-1313.
14. Choice Of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, will be governed by, and construed in accordance with, the substantive laws of the State of North Carolina, without regard to its conflict of law principles, and exclusive jurisdiction for all claims arising in connection with the Sweepstakes will reside in a court located in Charlotte, North Carolina.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT CONFIRMS HAVING READ THESE OFFICIAL RULES AND AGREES TO COMPLY WITH THEM.
ABBREVIATED RULES:
NO PURCHASE NECESSARY. 10/31/22–11/11/22. Open to legal TN, AR & MS residents; 18+. To enter, watch FOX13 News weekdays at 4:30am & 10:00am, text daily keyword to 46757. Standard data/msg rates apply. Limit 1 entry per person/day/household. Odds vary. For prize information, restrictions, and Official Rules: fox13memphis.com/contests. Sponsor: Imagicomm Memphis Operations, LLC d/b/a WHBQ, 485 S. Highland St. Memphis, TN 38111.
©2022 Imagicomm Memphis, Inc.
