NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. The NBC4 Make a Difference School Grant Giveaway (the “Contest”) is sponsored by Media General Operations, Inc. d/b/a WCMH and nbc4i.com (“NBC4”) and administered on www.nbc4makeadifference.com (the “Contest Site”). The geographic scope of this promotion is NBC4’s broadcast area within the following Ohio counties: Athens, Coshocton, Crawford, Delaware, Fairfield, Fayette, Franklin, Guernsey, Hardin, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Muskingum, Perry, Pickaway, Pike, Ross and Union.
2. In addition to certain terms elsewhere defined within these Official Rules, the following additional definitions shall apply:
a. “Home School” means schools or persons or entities that provide “Home Education” as that term is defined by Ohio Administrative Code, Chapter 3301-34.
b. “School” refers to a school that meets the eligibility criteria of these Official Rules and that submits an entry into this Contest and a “School Principal” means the school principal for the corresponding School.
c. “Categories” means the four (4) entry categories for this Contest, which are (i) “Think”, (ii) “Serve”, (iii) “Shine”, and (iv) d. “Connect”, and which are more fully described below.
d. “Divisions” means the three (3) following contest divisions, which are based on School enrollment as of November 12, 2012: (i) less than 300, (ii) 301-700, and (iii) more than 700.
3. Contest is subject to all federal, state and local laws. Void where prohibited by law. By entering, you agree to these Official Rules.
4. Contest is open only to non-profit K-12 schools accredited by the Ohio Department of Education. Home Schools are not eligible to participate.
5. Contest begins on begins on November 12, 2012 and ends on May 16, 2013 (“Promotion Period”). Entry deadline is January 20, 2013 at 11:59 p.m. Winners will be announced on or about May 16, 2013. NBC4’s computer is the official time-keeping device for this Contest promotion. All times stated in these Official Rules are Central Time (“CT”).
6. Contest consists generally of the following phases, which are described in more detail below in these Official Rules:
a. Entry Period (11/12/12-1/20/13): Each School may submit one (1) entry per Category for a total of four (4) Entries per School. Each School may only enter in one (1) Division and each School is limited to one (1) Prize. Entries must be submitted by the School Principal. All timely and properly submitted entries that meet the Submission Requirements uploaded to the Contest Site will move forward to the Public Voting Period.
b. Public Voting Period (2/4/13-3/7/13): Visitors to the Contest Site can vote for their favorite Entries. At the conclusion of the Public Voting Period, the two (2) highest scoring Entries in each Division will be deemed the “Viewers’ Choice Finalists.”
c. Sponsor’s Choice Period (3/11/13-3/12/13): The Preliminary Judges (defined below) collectively will select one (1) “Sponsor’s Choice Finalist” from each Division.
d. Finalist Judging Period (3/13/13): The six (6) Viewers’ Choice Finalists and the three (3) Sponsor’s Choice Finalists will be declared the nine (9) Finalists. The Finalist Judges (defined below) will judge the Finalists and select three (3) Winning Schools.
7. Contest is limited to non-profit K-12 schools accredited by the Ohio Department of Education that are located within NBC4’s broadcast area within the following Ohio counties: Athens, Coshocton, Crawford, Delaware, Fairfield, Fayette, Franklin, Guernsey, Hardin, Hocking, Knox, Licking, Logan, Madison, Marion, Morrow, Muskingum, Perry, Pickaway, Pike, Ross and Union. Home Schools are not eligible to participate.
8. Prizes (3): a $10,000 Make a Difference Grant (each a “MAD Grant”) awarded in the name of the Winning School. Approximate Retail Value: $10,000.00. Limit one (1) Prize per School.
9. All details of all prizes shall be at NBC4’s sole discretion. Winning Schools assume sole responsibility for all costs associated with the prizes not explicitly outlined above, including without limitation, all federal, state and local taxes (if any).
10. Any portion of any prize not accepted or claimed by Winning School is forfeited and no substitute will be offered or permitted. All prizes being offered are provided “as is” with no warranty or guarantee either express or implied by NBC4. Other restrictions apply.
11. Prizes may not be substituted except that NBC4 in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
ENTRY PERIOD (November 12, 2012 – January 20, 2013)
12. Entries will be accepted beginning November 12, 2012 at 12:01 a.m. and ending January 20, 2013 at 11:59 p.m. (“Entry Period”). The entry process requires the following steps:
a. Create an Account: First, the School Principal must visit the Contest Site and create an account by providing the following required information: first and last name, birthdate, gender, user name, email address, phone, postal code, password, School name and School address.
b. Prepare Program Narrative: Next, the School Principal will be required to submit a narrative (the “Narrative”) describing or explaining each of the following: (i) Part I: In 250 words or less, describe the nature of the proposed school program (“the Program”) that would be funded by MAD Grant if the School were a Winning School; and (ii) Part II: In 250 words or less, describe how the MAD Grant would be impactful at the School and/or for the Program.
c. Select Contest Category: The School Principal must select one (1) of the following four (4) categories: (i) “Think” (nominations in this category should focus on academic/classroom-based programs around literacy, writing, math and/or science), (ii) “Serve” (nominations in this category should focus on helping kids thrive through fun and productive ways to unite is volunteering for community service projects), (iii) “Shine” (nominations in this category should focus on play, exercise, sports and extracurricular/arts programs), or (iv) “Connect” (nominations in this category should focus on technology based programs that allow kids to thrive and learn).
d. Photo: The School Principal should upload one (1) photo representing the Program (the “Photo”).
e. Official Entry Form: Finally, the School Principal must submit the Narrative, the Photo and the following information: (i) School name, (ii) School Principal name, (iii) School district, (iv) relevant Division, (v) name of Program, and (vi) agreement that, if the School is declared a Winning School, the School Principal (or his/her appropriate school administrative designee) will provide NBC4 with timely details on how the MAD Grant was spent and how it benefitted the Program, the School and/or its students. The Narrative, Photo and Official Entry Form collectively constitute one (1) “Entry.” Each Entry must satisfy the “Submission Requirements” below.
f. An Entry is only complete when the confirmation box alerts you that your Entry has been successfully uploaded. This is the only method of entering this Contest and Entries will not be accepted via e-mail, regular mail or any other method.
13. Each School can submit only one (1) Entry per Category (for a total of up to four (4) Entries).
14. Entries must not be made public by the Schools prior to the commencement of the Public Voting Period.
15. To be eligible, all Entries must be received by NBC4 no later than no later than January 20, 2013 at 11:59 p.m. Proof of sending is not proof of receipt by NBC4. NBC4 will not accept screen shots as proof of entry. NBC4 is not responsible for, and Schools assume all risk of, Entries that are lost, misdirected, mutilated, garbled, distorted, truncated, incomplete, not legible, if they contain errors or if for any reason they are not received by NBC4 prior to the stated deadline, and all such Entries are void. Schools who fail to provide any of the information required above will not be eligible to win and may not be notified by NBC4.
16. Each Entry must include a valid e-mail address for the School Principal. Enter using only an e-mail address subscribed to and registered in your name. In the event of a dispute as to the identity or eligibility of a Winning School based on an e-mail address, the winning Entry will be declared made by the Authorized Registered User of the e-mail address submitted at time of entry acting as the School Principal, subject to confirmation of eligibility. “Authorized Registered User” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
17. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all Entries submitted by that School.
19. Entries become property of NBC4 and will not be returned.
20. All Entries submitted during the Contest must satisfy the following Submission Requirements:
a. Entries must be original to School (not copied, adapted, or reproduced from any other source and not collaboration with any other person).
b. Entries must not depict or include any profanity, obscene, adult, provocative or otherwise inappropriate content, including but not limited to nudity.
c. Maximum file size of each Photo is 5MB.
d. Any individual whose face is shown in a Photo must have previously given you written permission for the use of his/her image and you must provide NBC4 with a copy of such permission upon request.
e. Photos must not depict any identifiable trademark or trade name.
21. In the event that any claim of unauthorized use of any content contained within the Entry is made to NBC4 by any third party, NBC4 reserves the right to immediately terminate access to the Entry and disqualify the related Entry. In addition, any Entry that is determined by NBC4 in its sole discretion at any time during the Promotion Period to violate the Submission Requirements or the Official Rules, or to otherwise be unsuitable, offensive, in poor taste, or otherwise not in keeping with NBC4’s corporate image, as determined in the sole discretion of NBC4, may be rejected and the accompanying Entry disqualified, even if the Entry has previously been submitted for Public Voting Period, Sponsor’s Choice Period, or Finalist Judging Period (as defined below). NBC4 retains sole discretion as to whether any Entry satisfies the Submission Requirements and its decisions are final.
Warranty/Indemnification by School
23. Each School agrees to indemnify and hold harmless NBC4, its parent company and subsidiaries, and their respective officers, directors, employees and affiliated organizations, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the School of these Official Rules or the warranties and/or representations made by School pursuant to these Official Rules.
24. By submitting an Entry, School grants to NBC4 (and to those acting on NBC4’s behalf) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to the Entry) to display or otherwise use the Entry on the Contest Site and any related sites in connection with the administration of this Contest. Each School agrees that NBC4 shall have the right to broadcast all or any part of any Entry that is declared to be a Finalist.
PUBLIC VOTING PERIOD (February 4, 2013 – March 7, 2013)
25. All Entries that are timely and properly submitted during the Entry Period will be judged by visitors to the Contest Site during the Public Voting Period, which will begin on February 4, 2013 at 12:01 a.m. and end on March 7, 2013 at 11:59 p.m.
26. During the Public Voting Period, any Contest Site visitors (collectively referred to as “Voters”) may view the Entries and to vote for their favorite Entry. By voting, Voters agree to the applicable web site terms and conditions and these Official Rules.
27. Voting is limited to one (1) vote per Voter per day. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents to vote are prohibited and will void all votes submitted by that Voter.NBC4 reserves the right to disqualify any votes that it reasonably believes to have been fraudulently cast.NBC4 reserves the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by NBC4 in its sole discretion.In such an event, NBC4 reserves the right to select the Viewers’ Choice Finalists in the manner it deems fair in light of the circumstances and the number of non-suspect votes received.
28. At the conclusion of the Public Voting Period, the voting results will be tabulated. Subject to verification of compliance with these Official Rules, the two (2) Entries in each Division that receive the highest number of overall votes will be declared Viewers’ Choice Finalists, for a total of six (6) Viewers’ Choice Finalists. NBC4 reserves the right to declare fewer than six (6) Viewers’ Choice Finalists in the event that it does not receive a sufficient number of timely and properly submitted Entries.
SPONSOR’S CHOICE PERIOD (March 11, 2013 - March 12, 2013)
29. During the Sponsor’s Choice Period, all Entries on the Contest Site will be reviewed by the Preliminary Judges, comprised of creative, marketing and other professionals employed by NBC4, who will select one (1) Sponsor’s Choice Finalist for each Division, for a total of three (3) Sponsor’s Choice Finalists, subject to verification of compliance with these Official Rules. NBC4 reserves the right to announce fewer than three (3) Sponsor’s Choice Finalists in the event that it does not receive a sufficient number of timely and properly submitted Entries.
FINALIST JUDGING PERIOD (March 13, 2013)
30. On or about March 13, 2013, or within a reasonable time thereafter, the Viewers’ Choice Finalists and the Sponsor’s Choice Finalists (collectively the “Finalists”) will proceed to the Finalist Judging Period. During the Finalist Judging Period, the Finalists will be judged by an independent panel of qualified judges assembled by NBC4 and comprised of high-level experts from academia, government, and industry, with varied educational experience ranging from elementary to collegiate levels of education, all of whom who share a commitment to raising the bar of educational excellence in the classrooms (“Finalist Judges”) in accordance with the following equally weighted judging criteria (“Judging Criteria”): (a) Entry’s long-term vision for the growth and sustainability of the Program as demonstrated by a clear growth plan for the Program that will ensure its sustainability and continued impact (“Vision”); (b) the Entry’s identification of the problem and potential answers in a manner that demonstrates an understanding of the inner workings of the relevant community, a thorough knowledge of the problem to be addressed and the articulation of clear and measurable methods for addressing the problem (“Articulation”); (c) the Entry’s personal and compelling passion for the described cause as demonstrated its real familiarity with, and commitment to, the stated goals (“Commitment”); (d) the strength and thoughtful conception of the Entry’s idea (“Conception”); and (e) the Entry’s clarity and persuasiveness in explaining the importance of the proposed Program, the likelihood of the Program’s achievement of the intended results and the anticipated beneficiaries of that Program (“Persuasiveness”).
31. Subject to verification of eligibility, the Finalist in each Division that receives the highest overall score during the Finalist Judging Period will be declared a Winning School. Decisions of Finalist Judges shall be considered final and binding in all results. NBC4 reserves the right to select fewer than three (3) Winning Schools in the event that a sufficient number of suitable and properly submitted Finalists are not available for the Finalist Judging Period.
32. NBC4 will announce the names of the Winning Schools on or about May 16, 2013. However, all results are unofficial until Winning Schools respond to e-mail notification.
33. The submission of your Entry to the Contest Site for the Public Voting Period or Sponsor’s Choice Period or to the Finalist Judges for the Finalist Judging Period does not constitute an acknowledgement or determination by NBC4 that your Entry satisfies these Official Rules, including the Submission Requirements, or that you are otherwise eligible. NBC4 reserves the right, at any point during this Contest, to withdraw from the Contest Site or from the Finalist Judges, or to refuse to submit to the Contest Site or the Finalist Judges, any Entries that NBC4 determines, at any time and in its sole discretion, do not satisfy all requirements of these Official Rules.
34. NBC4 will contact all potential Winning Schools via their respective School Principal via e-mail and United States mail in accordance with the information supplied by the School Principal at the time of entry. Winning Schools will be required to execute an affidavit of eligibility or declaration and, where legal, publicity release, and return these documents within fourteen (14) days of notification. Faxes will not be accepted. Prizes will be awarded in the name of Winning School. Each Winning School is responsible for all federal, state and local taxes. Winning Schools may also be required to sign other legal documents, including tax forms and a release supplied by NBC4 which, among other disclaimers, releases NBC4 and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Contest and the receipt and use of the prize. Upon verification of eligibility, the names of Winning Schools and their School Principals may be posted on the Contest Site at www.nbc4makeadifference.com and NBC4’s website at www2.nbc4i.com.
35. In the event that any potential Winning School (a) cannot be directly reached (via the School Principal) within seven (7) days of the first attempt; (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, NBC4 may in its discretion disqualify that School and an alternate Winning School will be chosen from the remaining Finalists using the same selection method and Judging Criteria set forth above as soon as reasonably practicable after initial Winning School is determined to be ineligible. Alternate Winning Schools are subject to all eligibility requirements and restrictions of these Official Rules.
PUBLICITY RELEASE/COPYLIGHT LICENSE
36. By accepting a prize, where permitted by law, each Winning School and its School Principal grant to NBC4, and those acting pursuant to the authority of NBC4 (and agrees to confirm that grant in writing), the right to print, publish, broadcast, and use for the purposes of this or similar contest only, worldwide in any media now known or hereafter developed—including, but not limited to, the World Wide Web—at any time(s), their names, pictures, likenesses, and information, as news or information and for art, trade, and/or promotional purposes without additional compensation or review. Each Winning School and its School Principal also grant to NBC4 the rights to use the winning Entry for promotion of this Contest or similar purposes for a period of three (3) years, where permitted by law.
LIMITATION OF LIABILITY/DISCLAIMER OF LIABILITY
37. Schools agree that NBC4, the Preliminary Judges, the Finalist Judges, all of their respective parent companies, subsidiaries, subsidiaries, directors, agents, agencies, advertising and promotional agencies, affiliates, franchisees, promoters, distributors, officers, directors, employees, representatives, contractors and related persons (collectively referred to as the “Released Parties”) (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for Entries or votes that for any reason are not received by NBC4 by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Schools, Voters, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the announcement of the prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or in the Public Voting Period, Sponsor’s Choice Period or Finalist Judging Period, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest, including without limitation, the Entry, Voting, or Judging processes; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the uploading, the processing or judging of Entries, the processing or tabulating of Votes, the announcement of the Winning Schools, the prizes or otherwise in any Contest-related materials; (f) are not responsible for any unauthorized third party use of any Entry (including any Entry); (g) are not responsible for the inability to select Winning Schools because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating and/or voting in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials (including Entries) during or after the Contest, and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize.
38. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
39. BY ENTERING THE CONTEST AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
40. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
41. All federal, state and local laws apply. NBC4 shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding Entries, votes, selection of Finalists or Winning Schools, deadlines, restrictions on prizes, and eligibility — and all of its decisions are final, binding and without appeal, in all matters related to this Contest. By entering or voting, Schools and Voters agree to these Official Rules.
42. NBC4 reserves the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by NBC4 in its sole discretion, at which time, NBC4 will determine the Finalists and/or Winning Schools (as applicable) from among all non-suspect eligible Entries received at the time of the Contest termination in accordance with the applicable selection method above.
43. NBC4 reserves the right to prohibit any School or Voter from participating in the Contest or the Public Voting Period if, at NBC4’s sole discretion, NBC4 finds such School or Voter to be colluding to unfair affect the outcome of the Contest, or to be tampering with the Entry process, the Voting process or the operation of the Contest in any other way, or if such School or Voter repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner NBC4 determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other School, Voter or NBC4; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with any part of this Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Any failure by NBC4 to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NBC4 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
44. All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with NBC4 concerning verification and/or auditing. All references to a School’s status as a "Winning School" are subject to verification and/or auditing by NBC4. If verification activity or an audit evidences non-compliance of an Entry or School with the Official Rules as determined by NBC4 in its sole discretion, NBC4 reserves the right to disqualify the School and remove the Entry from the Contest at any time.
45. NBC4 reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. 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, NBC4 reserves the right to award only the stated number of prizes by selecting the Winning Schools from all legitimate, un-awarded, eligible prize claims in accordance with the previously announced selection process.
46. By entering the Contest and/or participating in the Public Voting Period, Schools and Voters agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, the Voting or Judging processes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering and/or participating in the Contest or the Public Voting Period but in no event attorneys' fees; and (c) under no circumstances will any School or Voter be permitted to obtain any award for, and each School and Voter 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, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
47. By entering the Contest and/or participating in the Public Voting Period, Schools and Voters agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Schools, Voters and NBC4 in connection with the Contest, shall 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 that would cause the application of the laws of any jurisdiction other than the State of Ohio. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of Ohio, County of Franklin, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS’ LIST/OFFICIAL RULES COPY
48. For a copy of the Official Rules or the final Winning Schools’ List, visit www.nbc4makeadifference.com or mail a self-addressed stamped envelope to: “NBC4 Make a Difference School Grant Giveaway” c/o Media General Operations, Inc. d/b/a WCMH and nbc4i.com, 3165 Olentangy River Road, Columbus, Ohio 43202, specifying either “Winning Schools’ List Request” or “Official Rules Request.” Winning Schools’ List will be available after June 16, 2013.