Morning Mix “Weather Kid” Sweepstakes

Official Rules – FOX 17 WXMI

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: Each entrant (the “Entrant”) must be a legal US resident, at least 18 years old, and reside in Michigan within the Grand Rapids-Kalamazoo-Battle Creek Designated Market Area as defined by The Nielsen Company (the “Sweepstakes Area”). Entrants must be the parent or legal guardian of the nominated child (the “Child”). You may not nominate anyone who is not your child or legal ward, and the Child must be no younger than seven years old and no older than 12 years old and be a legal resident of the Sweepstakes Area to be eligible. Employees (and their immediate family members (defined as spouse, parents, siblings or children) or household members (whether or not related)) of Sponsor and of its advertising companies, parent companies, affiliates, subsidiaries, promotion contractors and/or public relations companies, and any other entity that participated in the creation, operation or fulfillment of the Morning Mix “Weather Kid” Sweepstakes (the “Sweepstakes”) are not eligible to participate. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met by the Entrant and Child. Void where prohibited and outside Sweepstakes Area.

    

2. TO NOMINATE AND ENTER:  This Sweepstakes is divided into monthly nomination periods (each, a “Nomination Period”). Each Nomination Period will begin on the first Monday of each month at 12:00 am ET and end on the last Monday of each month at 11:59 pm ET, and the Sweepstakes will continue until Sponsor announces the final Nomination Period. To submit a nomination, log onto www.fox17online.com, follow the “Morning Mix Weather Kid” link on the Morning Mix page, complete and submit an online nomination form, including contact information on you and your nominated Child, and, if desired, upload a photograph (the “Photo”) of the Child you are nominating. If you submit a Photo, the Photo must not contain any recognizable individual other than the Child. Photos that are altered or electronically enhanced in order to substantially misrepresent the Child or the subject matter will not be considered and will be disqualified. Sponsor reserves the right to disqualify at any time those entries that contain offensive or inappropriate material, which are deemed by the Sponsor to be unsuitable, or which Sponsor believes would subject it to a claim or litigation.   Photos must be in .jpeg formats sized between 4”x6” and 8”x10” and no smaller than 300 dpi (1200x1200 pixels). Copies or other mechanical reproductions, facsimiles, entries containing technical or electronic reproductions, entries containing attached files are not eligible and will be rejected. Sponsor is not responsible for lost, incomplete, damaged, illegible, late, or misdirected entries, or for errors in mechanical transmission, technical difficulties or inability to transmit Internet entries. Limit one entry per person, per email address, and per Child per Nomination Period; subsequent entries from the same person or email address or with the same Child in a Nomination Period will be deleted. Entrants must use their own name. Received entries (but not the Photos) become the property of Sponsor and will not be returned.

3.         SUBMITTED PHOTOS: By submitting a Photo, Entrants represent and warrant that the Entrant is the parent or legal guardian of the Child, no laws were broken in the creation of the Photo, the Entrant has all rights necessary to submit the Photo, and that the Photo: is their own (or the Child’s) original creation, has not been copied in whole or in part from any other work, does not contain inappropriate, offensive, indecent, vulgar, obscene or profane content, has not been previously published, does not violate the rights of any other person (including the Child) or company (including but not limited to privacy rights, trademarks, and copyrights), does not defame, libel, or slander anyone or any entity, and in no other way violates any applicable laws. Without limiting the foregoing, the Photo cannot depict the genitalia of any child or show any child engaged in illegal activity or depict any image that, in the sole discretion of Sponsor, is detrimental to the WXMI brand. Entrants agree to indemnify, defend and hold harmless Sponsor, Tribune Media Company, prize providers, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, and all of their officers, directors, employees, representatives, and agents (the “Released Parties”) against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys’ fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties. Entries that do not comply with these Official Rules or the foregoing representations and warranties will be disqualified. By entering, each Entrant grants to the Sponsor a world-wide, perpetual, non-revocable, royalty-free, non-exclusive license to publish, display, and distribute his/her Photo and a video of the Appearance (as defined below) as well as derivative works based thereon on WXMI, on the WXMI website, and through any and all other media, now known or hereafter devised, in any manner related to the Sweepstakes, without prior notice, approval or compensation. Entrants otherwise will retain all rights to their respective Photos, and the publication of their Photos as part of this Sweepstakes will not limit their use and ability to further market the images. Sponsor may feature a Photo, with the Child’s name, on the Show each day. Being selected as a featured Photo does not mean that an Entrant is a winner and does not affect the Entrant’s chances of winning.

4.         SELECTION AND NOTIFICATION OF WINNERS: After the close of each Nomination Period, FOX 17 WXMI will randomly select one winner from all eligible entries for that Nomination Period, subject to verification and compliance with the rules. Entries will not carry over from one Nomination Period to the other. Odds of winning depend on the number of eligible entries for that Nomination Period.

1. NOTIFICATION OF WINNER: Sponsor will attempt to notify potential winner by telephone. Winning Entrant and Child may be required to execute an affidavit of eligibility and release of liability and may also be required to sign a release of the Photo and Appearance prior to receiving their prize. Winner is subject to verification by Sponsor of the winner and Child’s name and age, and the winner’s address and phone number. Entrant and Child must be available to appear on-air on FOX 17 Morning Mix (the “Show”) on a date to be designated by Sponsor. If Entrant and Child are unavailable for the Show on the designated date, or if an Entrant selected as a winner cannot be reached by telephone within 48 hours of first contact attempt, is found to be ineligible, fails to sign and return required documents by the deadline set by Sponsor, or otherwise fails to comply with these Official Rules, that Entrant will be disqualified and an alternate winner will be selected at random from among remaining eligible entries for that Nomination Period until an eligible winner is selected and notified. Sponsor will conduct up to two additional drawings, time permitting.

6.         PRIZES: There is one prize per Nomination Period. Subject to eligibility verification and compliance with these rules, the “Morning Mix Weather Kid” winner will receive: (a) one $50 gift card to IHOP and (b) the opportunity to be on-air with a FOX 17 Meteorologist for a weather forecast during the Show on a date to be designated by Sponsor between 9:00 a.m. and 10:00 a.m. (the “Appearance”). Total ARV: $50.00. Gift card subject to terms and conditions thereon. Prize is non-transferable, non-negotiable and no substitutions will be provided.  Sponsor reserves the right, but is not required, to substitute a prize of equal or greater value for the prize if the prize listed herein is canceled, postponed or unavailable for any reason. Prize is awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor or the parties providing the prize herein. Any difference between actual value and stated ARV will not be awarded. Winner and Child assume all applicable tax liability for their prize. The winner and Child agree to be available to be on-air during the Show as selected by Sponsor. Child must be willing to appear on the Show, or winner will be disqualified. Winner and Child must arrive at the station by no later than 8:45 a.m. on the date of the Appearance. The parent/legal guardian must accompany the Child at all times during the Appearance. If winner and/or Child are unavailable on the designated date or are late for the Appearance, prize will be forfeited, and no alternate prize will be awarded. Sponsor reserves the right to reschedule the broadcast date of the Appearance because of breaking news, technical problems or unforeseen scheduling conflicts. 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. The Appearance may also appear on the WXMI website. Winner agrees to comply with and conform to generally accepted broadcast standards with regard to conduct and language during her Appearance on WXMI, and such compliance will be determined by Sponsor’s staff in their sole discretion. Failure to comply with the aforementioned standards will result in immediate disqualification. Winner and Child may be required to present valid state or government-issued proof of identity and eligibility. Winner may be required to fill out and submit a completed W9 form (available at http://www.irs.gov/pub/irs-pdf/fw9.pdf) prior to receiving a prize. Returned or unclaimed prize will be forfeited, and no alternate prize will be awarded.

7.         CONDITIONS & RESTRICTIONS:  Sponsor reserves the right (but is not obligated) to post entry submissions and Photos online on the Station website com or broadcast the Photo on WXMI. Entrants agree Sponsor has the sole right to decide all matters and disputes arising from this Sweepstakes and that its decision is final and binding. Except where prohibited by law, Entrants and  Children agree to allow use of their name, voice, photograph, likeness and any information provided on entry form, in any medium of communication, including print, Internet, radio and/or television and for any purpose, including advertising, promotional or other purposes, by Sponsor and/or its affiliates, without additional compensation.    

 Sponsor assumes no liability for: (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; or (d) inaccessibility or unavailability of the Internet any mobile sites or apps or any combination thereof. Sponsor reserves the right to delay Sweepstakes announcements, postpone or reschedule all or some of the Sweepstakes events, for reasons including but not limited to editorial decisions related to the news program, late breaking news, emergency event coverage, etc.

8.         IN CASE OF DISPUTE: By entering the Sweepstakes, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes 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. This Sweepstakes will be governed by the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Venue for any action concerning the Sweepstakes or these Official Rules will be in the courts located in Grand Rapids, Michigan. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules or the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If there is any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Sweepstakes-related materials, including but not limited to the Sweepstakes entry forms, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules will prevail, govern and control.

9.         INDEMNIFICATION/HOLD HARMLESS: By participating, Entrants agree: (a) to release, indemnify, and hold harmless Released Parties from all liability, injuries, losses or damages of any kind to persons, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, delivery, possession, misuse or use of a prize (including any travel or activity related thereto), or from participation in and/or entry into or creation of an entry for the Sweepstakes and/or the broadcast or exploitation or use of entry or any other Sweepstakes-related activity; (b) Released Parties are not responsible for personal injury of any prize winner in connection with the use of their prize; and (c) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize.

10.       INTERNET: If for any reason this Sweepstakes is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure, or any other cause that corrupts or threatens the administration, security or integrity of the Sweepstakes, Sponsors reserve the right, in their sole discretion, to terminate or suspend the Sweepstakes or any portion of the Sweepstakes. If Sponsor terminates the Internet portion of the Sweepstakes, Sponsor will select the prize winner in a random drawing from among all eligible, non-suspect entries received for that Nomination Period as of the termination and will post notice of its action on the Sweepstakes website. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS SWEEPSTAKES WILL RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES.  Sponsor reserves the right to prohibit any Entrant from participating in the Sweepstakes if, at its sole discretion, Sponsor finds such Entrant to be tampering with the entry process or if such individual shows a disregard for, or attempts to circumvent, these Official Rules, or if such Entrant acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Sponsor; or (c) in any other disruptive manner.

11.       WINNER NAME: For the name of the winner, send a stamped, self-addressed envelope after the close of each Nomination Period to: Winner Name, Morning Mix Weather Kid, FOX 17 WXMI, 3117 Plaza Drive NE, Grand Rapids, MI 49525. Requests for winner’s name must be received within 30 days of the end of each Nomination Period.

12.       SPONSOR: FOX 17 WXMI, 3117 Plaza Drive NE, Grand Rapids, MI 49525.