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Pay it Forward promotion official rules

Posted at 4:45 PM, May 03, 2023

2023-2024 KMTV Pay It Forward Promotion

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The 2023 KMTV Pay It Forward Promotion (“Promotion”) begins on November 8, 2023 at 12:01 a.m. Central Time (“CT”) and ends on April 30, 2024 at 11:59 p.m. CT (“Promotion Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Promotion. All times mentioned in these Official Rules are Central Time unless expressly noted otherwise. To participate, a nominator (“Entrant”) will submit a nomination (“Nomination”) nominating a School or Classroom (“School” or “Classroom”) in the Promotion.

ELIGIBILITY: To be eligible, a School or Classroom must be in located within one of the following counties in Nebraska: Douglas, Sarpy, Cass, Saunders, Washington, Shelby, Montgomery, Dodge, Burt, Otoe; and in Iowa: Pottawattamie, Mills, and Harrison (“Promotion Area”). To be eligible, an Entrant must be a legal U.S. resident at least 21 years of age as of date of Nomination, reside in the Promotion Area. Void wherever prohibited by law and outside the Promotion Area. Employees of Scripps Media, Inc. d/b/a KMTV- TV, First Interstate (collectively, “Sponsor”), their respective parents, affiliates, and subsidiaries, and of all of the advertising agencies, promotion agencies, prize suppliers, and any other vendors providing services in connection with this Sweepstakes (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible. By participating, entrants agree to be bound by the Official Rules and the decisions of Sponsor.

TO ENTER: During the Promotion Period, visit www.3newsnow.com, click on the “Pay It Forward” tab, and accurately complete the entry form. Entrants will also be required to submit an essay (the “Submission”) describing in detail how the School or Classroom will benefit if it was chosen as a Pay It Forward recipient. Submission must be in English and no more than 300 words.

Incomplete Nominations will be disqualified. Entrants may enter the Promotion more than once, and Schools and Classrooms may be nominated more than once. Incomplete entries will be disqualified. No mechanically reproduced entries of any kind permitted. Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, or misdirected entries or entries not received for any reason. If there is a dispute over who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email account identified on the entry form. The authorized account holder of an email account is deemed to be the natural person who is assigned to an email address by an Internet access provider, service provider, or online organization responsible for assigning email addresses for the domain associated with the submitted email address. Received entries (but not the Submissions) become the property of Sponsor and will not be returned. Sponsor will use the information you provide in accordance with its Privacy Policy.

Submitted Materials: Each Submission must satisfy all of the following submission requirements (the “Submission Requirements”):

· The Submission must be the original creation of Entrant;

· The Submission must not portray any recognizable individual, other than the Entrant;

· Entrant must either own all rights to the Submission or otherwise have the right to submit the Submission in the Promotion and to provide the rights to Sponsor as set forth herein;

· The Submission must not portray any dangerous activity;

· The Submission must not infringe any third party’s intellectual property right;

· The Submission must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity;

· The Submission must not promote bigotry, racism, hatred, or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

· The Submission must be non-defamatory and must not invade any third party’s right of privacy or publicity;

· The Submission must otherwise be appropriate for publication or broadcast or display on a general interest website; and

· The Submission must be in compliance with the Terms of Use on Sponsor’s website.

By submitting a Submission, each Entrant represents and warrants that the Submission meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Submission by Sponsor as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Released Parties (defined below) harmless from and against all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by Entrant or of these Official Rules.

By submitting a Submission, Entrant grants to Sponsor and its licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Submission (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies, without prior notice, approval, or compensation. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Submission. Furthermore, Entrant also grants other users permission to access Entrant’s Submission and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish Entrant’s Submission for personal, non-commercial use as permitted by the Terms of Use on Sponsor’s website. Entrant otherwise will retain all rights in the Submission.

If Sponsor determines, in its sole discretion and at any time during the Promotion, that any Submission violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Submission. Sponsor retains sole discretion as to whether any Submission satisfies the Submission Requirements and the Official Rules.

WINNER SELECTION: On each November 29, 2023, December 27, 2023, January 31st, 2024, February 28, 2024, March 27,2024, and April 30, 2024, a panel of judges will select two potential winners based on the compelling nature of the Essay and the explanation of the impact the $500 Pay It Forward prize will have on the nominated School or Classroom. There will be a total of 12 winners during the Promotion Period. The deadline to be eligible for any of these winner selection dates is 11:59pm on the Thursday before the winner selection date. Non-winning Nominations will remain eligible for the entirety of the Promotion Period. If there is a tie for one of the prizes, sponsor will select an alternate panel of judges to break the tie using the criteria set forth above. Decisions of Sponsor are final on all matters. Limit one prize per person/household address.

WINNER NOTIFICATION AND RELEASES: Shortly after the selection date, Sponsor will attempt to notify potential winner(s) via telephone and email. If a potential winner: (a) does not respond within 5 business days of initial notification attempt, (b) is not in compliance with these Official Rules, (c) does not meet the eligibility requirements, (d) declines the prize, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above to remaining eligible, non-winning entries, time permitting. Each potential winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID. before claiming the prize. All forms must be postmarked by the date set forth on notification materials if return is requested via mail, or forms must be completed before receipt of any prize if prizes are picked up in person.

PRIZES: There are two winning schools or classrooms chosen each calendar month. Each winning School or Classroom will receive a check in the amount of $500.00, payable to the Winning School. Subject to discretion of Sponsor in their sole discretion.

Winning Schools and/or Classroomswill be awarded the check while being featured in a KMTV-TV news segment (the “Appearance”) on a date to be determined at the sole discretion of Sponsor and at the time most convenient for the Sponsor. Winner must comply with generally accepted broadcast standards with regard to dress, conduct, and language during the Appearance, and such compliance will be determined by Sponsor’s staff in their sole discretion. If the Appearance does not occur for any reason, no alternate prize will be awarded. Sponsor will attempt to give Winner advance notice of the Appearance date. If Winner is unavailable on the designated date or is late for the Appearance, that portion of prize will be forfeited, and no alternate prize will be awarded. Please note that if there is severe weather or breaking news, the Appearance may be cancelled. Sponsor will attempt to notify winner in advance, but cancellations frequently happen without notice. If Sponsor cancels the Appearance, Sponsor will attempt to reschedule but cannot guarantee that there will be an open date on the calendar. If the winning Entrant does not have a chance to do the Appearance because of scheduling or other difficulties, no alternate prize will be awarded. There is no ARV associated with the Appearance portion of the prize.

Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. All properly claimed prizes will be awarded provided a sufficient number of eligible Nominations are received, but under no circumstances will more than the advertised number of prizes be awarded. Prizes are awarded “AS IS.”

Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.

PUBLICITY AND MARKETING: Submission of an entry in the Promotion constitutes permission to the Sponsor to use Entrant’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof for purposes of advertising and trade, in any medium in connection with the Promotion, without further notice, approval, or compensation, unless prohibited by law.

LIABILITY RELEASE & INDEMNIFICATION: By entering this Promotion, Entrant agrees to release, discharge and hold harmless Sponsor, Sponsor Affiliates and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, Entrant’s participation in this Promotion (including, without limitation, any misrepresentation made by the Entrant in connection with the Promotion; any non-compliance by the Entrant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Entrant’s involvement with the Promotion; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner), or any Promotion-related activities (including, without limitation, any event attended as part of a prize), and the acceptance and use, misuse, or possession of any prize awarded hereunder.

OTHER TERMS: Released Parties are not responsible for any typographical or other error in the printing, the offering, or the announcement of any prize or in the administration of the Promotion, whether caused by computer, technical, or human error. Released Parties are not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the Promotion, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmission that may limit a user’s ability to participate in the Promotion whether caused by computer, technical, or human error. Sponsor reserves the right to terminate or modify the Promotion or any portion of it for any reason, including but not limited to, if fraud, misconduct, or a technical failure destroys the integrity of the Promotion; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Promotion as determined by Sponsor, in its sole discretion. If Sponsor terminates the Promotion, Sponsor will determine the winner(s) by applying the criteria set forth above to all eligible, non-suspect entries received as of the termination date, or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances, provided it is able to do so. Sponsor will post notice of its action on the Promotion website. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Promotion; (b) has failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Promotion; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other Entrant in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source.Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Promotion, the terms of these Official Rules will govern.

GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. 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 the Promotion will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The state and federal courts located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to these Official Rules and/or this Promotion. All participants and winner(s) agree, by their participation in the Promotion, to submit to the personal jurisdiction of the state and federal courts in Hamilton County, Ohio and waive the right to contest jurisdiction.

SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

WINNER LIST: For the winner name(s), available after the close of the Promotion Period, send a self-addressed, stamped envelope to: 2023-2024 Pay It Forward Winners List, KMTV-TV, 10714 Mockingbird Drive, Omaha, NE 68127. Requests must be received by 60 days after the close of the Promotion Period.

SPONSORS: Scripps Media, Inc. d/b/a KMTV -TV 10714 Mockingbird Drive, Omaha, NE 68127.

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