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Nexstar Texting Contest Generic Rules

By: Tim Hennessy
Updated: May 1, 2012

1. Eligibility: The "Contest Text Campaign" (herein "Contest") is open only to persons who, at the time of entry, are legal residents of, and are physically present in, [insert name of DMA] and who are eighteen (18) years of age or older except for employees, and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or those residing in the same households of employees, whether or not related, of: [Station], [Client] (Station and Client, collectively the "Sponsors"), Local Solutions Network ("Administrator") subsidiaries and affiliates of Sponsors or Administrator, any other broadcast station, multichannel video programming distributor and the advertising, promotion and production agencies of Sponsors.  

By entering the Contest, participants are bound by and agree to these official rules. All federal, state and local laws and regulations apply.

Void where prohibited by law.

The contest is provided to individuals only.  Corporations, associations or other groups may not participate in the contest.

2. Contest Period: The Contest will begin [on date at time and end on date at time].

3. How to Enter: If you have a text messaging capable cell phone from a participating carrier and are the authorized account holder, and are otherwise eligible to enter the Contest, you may enter the Contest once prompted to, by sending a text message to the short code (XXXXX) with the keyword. Please use caution and do not disrupt traffic or drive in an unsafe manner while participating in the registration/entry process. "Authorized account holder" of a cellular phone is the natural person in whose name the phone has been issued and to whom services are billed. Potential winners may be required to show proof of being the authorized account holder.

You may also enter by logging onto _____________[add all information necessary to enter online].

By entering, you agree that if selected as a winner, Sponsors have the right to announce your name, home city, and state, and to air your voice on-air or on Sponsors' websites. Sponsors and Administrator are not responsible for late, lost and/or incomplete entries, which will be disqualified.

Prohibited Entries: Entries generated by a script, macro, robotic or other automated means will be disqualified. USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF ENTRY, IS STRICTLY PROHIBITED. Sponsors reserve the right to disqualify, and block or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process as determined by the Sponsors in their sole discretion.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Odds of winning a prize depend on number of eligible entries received, each person can only enter one (1) time during the entry period. 

Participants are eligible to win a contest no more than once every 60 days and are eligible to win a prize valued at $600.00 or more only once every six months.

4. Random Drawings: The winners will be randomly selected from all eligible entries received during the entry period. Sponsors and Administrator's decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest.

5. Prizes: __________________. 

The prize is non-transferable and no substitution will be made except as provided at the Sponsors' sole discretion.

Prizes are awarded as is "as is" with no warranty or guarantee, either express or implied by Nexstar.  All federal, state and local taxes and all other costs and expenses associated with the acceptance and use of any prize not specified herein are the sole responsibility of each winner. 

6. Winner Notification: Within five (5) minutes from the time the entrant has been selected to win, only one (1) attempt will be made to contact the potential winner using the telephone number from which the entry was received. Winners must agree (where permitted by law) to allow his/her name, home city, state, and voice to be aired on-air and/or on Sponsors' website. If Sponsors and/or Administrator are unable to reach a potential winner via phone within this time frame, he/she will be disqualified and an alternate will be selected. The potential winners will each be required to execute and sign a notarized affidavit of eligibility/release of liability and/or publicity release (where permitted by law) within five (5) days of attempted notification. If any potential winner cannot be contacted or fails to sign the affidavit of eligibility and liability/publicity release within the required time period (if required), potential winner forfeits prize even though his/her name may have been shown/announced on air. If prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential prize winner is disqualified for any reason, Sponsors may award the prize to an alternate winner, even if the disqualified potential winner's name may have been shown/announced on air.

7. Publicity: Except where prohibited, participation in the Contest constitutes each winner's consent to Sponsors' and their agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.  Furthermore, such information may be stated and announced on-air and on Sponsors' websites.

8. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors' reasonable control impairs the integrity or proper functioning of the Contest, or for any other reason, as determined by Sponsors in their sole discretion.
Sponsors reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner.

Sponsors' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering, entrants fully and unconditionally agree and accept to be bound by these complete Official Rules and the decisions of Sponsors and Administrator, which shall be final. Sponsors have the right to modify these rules in their sole discretion for clarification purposes at any time without materially affecting the terms and conditions of the Contest.

Entrants enter at their own risk. Sponsors and Administrator are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of Sponsors and/or Administrator that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Contest; or (vi) any printing or typographical error in any materials associated with these Official Rules or the Contest generally. Entrants assume all liability for any injury or damages caused or claimed to be caused by their participation in the Contest and/or the acceptance and/or use of any prize, and release Sponsors, Administrator, and all entities providing the prize, and their respective officers, directors, employees, parents, subsidiaries and affiliates from any and all such liability. Sponsors and Administrator and their respective officers, directors, employees, parents, subsidiaries and affiliates assume no responsibility for any injury or damage to participants or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with this Contest.

PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES BY SMS (TEXT MESSAGING), OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE CONTEST OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE IN THE CONTEST. SPONSORS AND ADMINISTRATOR ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.

9. Limitations of Liability: The Sponsors, Administrator, and entities providing the prize are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest play, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsors, at their discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

10. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded, including but not limited to the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of STATION, without giving effect to any choice of law or conflict of law rules (whether of the State of STATION or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of STATION, and shall be resolved exclusively by the appropriate court located in the COUNTY/STATE of STATION; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, to the extent allowed by law. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. .

11. Entrant's Personal Information: Information collected from entrants is subject to Sponsor STATION's Privacy Policy which is available at http://www.mywabashvalley.com/contests.

15. Contest Results: For Contest results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to Sponsor address. Requests for the winner list must be received within four weeks after the Contest Period has ended.

16. Sponsors and Administrator: The Sponsor of the CAMPAIGN is WTWO-TV 10849 North US HWY 41, Farmersburg, IN 47850. The Administrator of the promotion is Local Solutions Network 1000 Abernathy Road, Suite 1110, Atlanta, GA 30328.

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