The 2016 WVIT Holiday Wishing Tree Contest
Official Rules
December 5, 2016 — December 17, 2016
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the WVIT Terrestrial Geographic Viewing Area (defined below) and where prohibited. The 2016 WVIT Holiday Wishing Tree Contest (“Contest”) will begin on December 5, 2016 at 5:00 A.M. ET and end on December 17, 2016 at 10:00 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically located and residing in in the counties of Hartford, New Haven, New London, Tolland, Windham, Middlesex, Litchfield, and Fairfield in the state of Connecticut (collectively, the “WVIT Terrestrial Geographic Viewing Area”), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include WVIT, 1422 New Britain Ave., West Hartford, CT 06101, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Dinette Depot, 227 Federal Rd., Brookfield CT 06804, Pet Supplies Plus, 1773 Berlin Tnpk., Wethersfield, CT 06109, Monarch Jewelers, Epicure Shopping Center, 838 Farmington Ave #2, Farmington, CT 06032, Michaels Jewelers, 435 Boston Post Rd., Orange, CT 06477, Westfarms, 1500 New Britain Ave., West Hartford, CT 06110, Big Y, 2145 Roosevelt Ave., Springfield, MA 01004, The New England Black Wolves and Mohegan Sun, 1 Mohegan Sun Blvd, Uncasville, CT 06832 (collectively, “Prize Providers,” each a “Prize Provider”) and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. To enter through the in person method of entry, entrants must be at the customer service booth located in the main concourse on the lower level of the Westfarms Mall, scheduled to take place at1500 New Britain Ave, West Hartford, CT 06110, on December 5, 2016 to December 17, 2015 from 10A.M. ET to 9:30 P.M. ET.
HOW TO ENTER: As part of your In-Person Entry or Facebook Entry (each defined below), you will be required to submit a Statement (defined below) on why you or a loved one (“Nominee”) deserves to win one of the seven (7) Prizes (defined below). Nominees must be eighteen (18) years of age or older.
There are two (2) methods to enter the Contest:
IN-PERSON ENTRY: To enter the Contest, during the Contest Period, visit the customer service booth in the main concourse on the lower level of the Westfarms Mall located at 1500 New Britain Ave, West Hartford, CT 06110 and follow the provided instructions to complete and thereafter submit the entry form, which includes your first and last name, e-mail address and phone number; and, the full name of each Nominee and Statement (the “In-Person Entry”). As part of your Entry, you will be required to select a Prize and submit a nomination statement of no more than five hundred (500) words (“Statement”) on the following theme: “Why you or a loved one deserves to win the Prize” (defined below). Statement must be written by you. You may nominate a total of seven (7) Nominees each day, one (1) Nominee for each Prize.
FACEBOOK ENTRY: To enter the Contest, during the Contest Period, directly access the NBC Connecticut Facebook page at www.facebook.com/NBCConnecticut (the “Website”), click on the Contest tab, and follow the provided instructions to complete and thereafter submit the entry form, which includes your first and last name, e-mail address and phone number; and, the full name of the Nominee and Statement (the “Facebook Entry”). As part of your Entry, you will be required to select a Prize and submit a Statement on the following theme: “Why you or a loved one deserves to win the Prizes” (defined below). Statement must be written by you. You may nominate a total of seven (7) Nominees each day, one (1) Nominee for each Prize. A Facebook account is required to enter the Contest via Facebook. If you do not already have a Facebook account, you can go to https://www.facebook.com/ to create a free Facebook account. If you choose to submit a Facebook Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
In-Person Entries and Facebook Entries may collectively be referred to herein as “Entry” or “Entries.”
Entries must be received before December 17, 2016 at 10:00 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address or Facebook account used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address or Facebook account by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING: On or about December 18, 2016, a panel of qualified judges selected by Sponsors (“Judges”) will review the eligible entries received during the Contest Period and select seven (7) potential winners (“Winners,” each a “Winner”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). The selection and review process will occur on a rolling basis as Entries are received. Prize will be awarded to the Nominee and not the entrant unless entrant is Nominee. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality as the potential Winner. In the event a tie remains, the tied entries will be judged by an additional qualified tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Sponsors will make two (2) attempts within two (2) days to notify the entrants of the winning Entry at the phone numbers and/or email addresses submitted at the time of Entry.
PotentialWinners will be required as a condition of continued eligibility to execute and return an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining entries based on the Judging Criteria. Contest Documents will be administered in the KNBC Terrestrial Geographic Viewing Area only.
PRIZE: There will be seven (7) prizes (“Prizes,” each a “Prize”) awarded. One (1) Prize will be awarded to each Winner. The Prizes are as follows: one (1) five-hundred dollar ($500) gift card to Big Y World Class Market (“Prize #1”); one (1) pair of Monarch Jewelers 1.14 Diamond Studs (“Prize #2”); one (1) year of Redford Natural Dog Food provided by Pet Supplies (“Prize #3”); one (1) five-hundred dollar ($500) gift card to Michaels Jewelers (“Prize #4”); one (1) solid wood 42” x 60” kitchen table with 18” butterfly leaf and four (4) matching chairs provided by Dinette Depot (“Prize #5”); a one (1) night stay (one king bed) for two at the Earth Tower at Mohegan Sun, on a date to be determined by Sponsor and/or Prize Provider in their sole discretion, and two (2) tickets to a New England Black Wolves home game during the 2017 Season, on a date to be determined by Sponsor and/or Prize Provider in their sole discretion, at Mohegan Sun Arena located at 1 Mohegan Sun Blvd, Uncasville, CT 06832 (“Prize #6”); one (1) five-hundred ($500) gift card to Westfarms Mall (“Prize #7”). Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Prizes may be subject to certain terms and conditions as specified by issuer.
Estimated Retail Value (“ERV”) of each Prize is as follows: Prize #1 valued at five hundred dollars ($500); Prize #2 valued at two thousand five hundred dollars ($2,500); Prize #3 valued at five hundred dollars ($500); Prize #4 valued at five hundred dollars ($500); Prize #5 valued at five hundred dollars ($500); Prize #6 valued at three hundred eighty-nine dollars ($389); and, Prize #7 valued at five hundred dollars ($500). ERV of all Prizes is five thousand three hundred eighty nine dollars ($5,389). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. If the Prize is over six hundred dollars ($600), Winner will be issued an Internal Revenue Service Form 1099 for ARV of Prize for the year in which it was awarded.
Sponsors will determine all details of Prizes in their sole discretion. Sponsors reserve the right to substitute Prizes (or portion thereof) with similar prizes (or prize elements) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of each Winner. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. If Prizes are unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited and, time permitting, alternate Winners may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Prize #6 is subject to change. Prize #6 is subject to cancellation. If Winner chooses to attend Prize #6 with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. If any guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsorsreserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners, available after December 24, 2016, send a self-addressed, stamped envelope to be received by February 24, 2017 to: The Wishing Tree, 1422 New Britain Avenue, West Hartford, CT 06110, Attn: Austin Alterio.
tn: Austin Alterio.
