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NBC4 MAKE A DIFFERENCE SCHOOL GRANT GIVEAWAY
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
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 Atlas Butler Heating & Cooling (collectively the “Contest Entities”) and administered on www.nbc4makeadifference.com (the “Contest Site”). The geographic scope of this Contest 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) “Connect”, and which are more fully described below.
d. “Size Divisions” means the three (3) following contest size divisions, which are based on School enrollment for 2013-2014, as reported to the Ohio Department of Education and posted on education.ohio.gov as of August 6, 2013: (i) less than 400 students, (ii) 401-800 students, and (iii) more than 800 students.
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 January 6, 2014 and ends on May 15, 2014 (“Promotion Period”). Entry deadline is February 7, 2014 at 11:59 p.m. Winners will be announced on or about May 15, 2014. NBC4’s computer is the official time-keeping device for this Contest promotion. All times stated in these Official Rules are Eastern Time (“ET”).
6. Contest consists generally of the following phases, which are described in more detail below in these Official Rules:
a. Entry Period (1/6/14-2/7/14): 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) Size 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 be considered during the Public Voting Period and the Judges’ Choice Period.
b. Public Voting Period (2/24/14-3/24/14): Visitors to the Contest Site can register and vote for their favorite Entries. At the conclusion of the Public Voting Period, the top five (5) entries receiving the most votes in each Size Division will be deemed the Public’s Choices.
c. Judges’ Choice Period (3/25/14-4/8/14): The Contest Judges will review the Entries at the Contest Site and select up to five (5) Entries per Size Division as Judges’ Choices.
d. Finalist Judging Period (4/9/14-4/14/14): The Contest Judges will judge and score the Public’s Choices and the Judges’ Choices (collectively the “Top Choices”). A School can be a Top Choice in more than one (1) Category but not for the same entry. The three (3) Top Choices in each Size Division with the highest scores during the Finalist Judging Period will be declared the Finalists. The Top Choice in each Size Division with the highest score will be declared the Winning School but the Winning Schools will not be announced until May 15, 2014.
ELIGIBILITY
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. In addition, any School that won and received a prize during the 2012-13 NBC4 Make a Difference Grant Giveaway Contest is not eligible to win a prize for the same Program (as defined herein).
PRIZES
9. Prizes (3): $10,000 Make a Difference Grant (each a “MAD Grant”) awarded in the name of the Winning School. Approximate Retail Value: $10,000. Limit one (1) prize per School.
PRIZE RESTRICTIONS
10. 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). Any portion of any prize not accepted or claimed by Winning School is forfeited and no substitute will be offered or permitted. 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. Other restrictions apply.
ENTRY PERIOD (January 6, 2014 – February 7, 2014)
11. Entries will be accepted beginning January 6, 2014 at 12:01 a.m. and ending February 7, 2014 at 11:59 p.m. (the “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, birth date, gender, user name, e-mail 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 Size Division (click here to verify school enrollment number as of August 6, 2013), (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 an “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.
12. Each School can submit only one (1) Entry per Category (for a total of up to four (4) Entries per School).
13. To be eligible, all Entries must be received by NBC4 no later than February 7, 2014 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. Contest Entities are 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.
14. 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.
15. 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.
16. The personal information provided in connection with the Contest may be used by NBC4 in accordance with NBC4’s Privacy Policy, which is found at www2.nbc4i.com and which may be updated from time to time.
17. Entries become property of NBC4 and will not be returned.
Submission Requirements
18. 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.
19. 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 the Public Voting 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
20. By submitting an Entry, each School warrants that (a) the Entry is original to and was created solely by the School and has not been copied, in whole or in part, from a copyrighted or proprietary work belonging to someone else, (b) the Entry does not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties, (c) any and all persons depicted in the Entry have provided the School with signed, written permission to take or create the Entry and to submit it in this Contest; (d) the School is legally entitled to submit the Entry in the Contest; (e) the distribution, reproduction, display and any other uses of the Entry by NBC4 as permitted herein will not infringe any third party rights, including those of any person who is depicted in, or whose property is depicted in, the Entry; and (f) the Entry comply with each of the provisions of these Official Rules and the Terms of Use of the Contest Site.
21. Each School agrees to indemnify and hold harmless Contest Entities, their parent companies 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.
22. 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 24, 2014 – March 24, 2014)
23. 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 24, 2014 at 12:01 a.m. and end on March 24, 2014 at 11:59 p.m.
24. During the Public Voting Period, any Contest Site visitor, ages thirteen (13) and older, who registers to vote (each a “Voter”) may view the Entries and to vote for his/her favorite Entry. Registration is free. To register, you must provide your name, age, gender, valid e-mail address and confirm your agreement to the applicable web site terms and conditions for the Contest Site as well as these Official Rules.
25. Voting is limited to one (1) vote per registered Voter per day. Any use of robotic, repetitive, automatic, programmed, script, macro, multiple accounts or registrations, 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 Top Choices, Finalists or Winning Schools in the manner it deems fair in light of the circumstances and the number of non-suspect votes received.
26. At the conclusion of the Public Voting Period, the voting results will be tabulated. Subject to verification of compliance with these Official Rules, the five (5) Entries in each Size Division that receive the highest number of overall votes will be declared the Public’s Choices, for a total of fifteen (15) Public’s Choices. NBC4 reserves the right to declare fewer than fifteen (15) Public’s Choices in the event that it does not receive a sufficient number of timely and properly submitted Entries.
JUDGES’ CHOICE PERIOD (March 25, 2014-April 8, 2014)
27. All Entries that are timely and properly submitted during the Entry Period will be also proceed to the Judges’ Choice Period, which will begin on March 25, 2014 and end on April 8, 2014.
28. During the Judges’ Choice Period, all Entries will be judged and scored 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 (collectively, the “Contest Judges”). Except for last year’s judges, who have first right of refusal to participate as Contest Judges regardless of whether they are company representatives of any Contest sponsor, sponsors will not participate in judging process.
29. Contest Judges will judge the Entries in accordance with the following equally weighted judging criteria (the “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”).
30. At the conclusion of the Judges’ Choice Period, subject to verification of compliance with these Official Rules, the five (5) Entries in each Size Division that receive the highest number of overall scores from the Contest Judges will be declared the “Judges’ Choices,” for a total of fifteen (15) Judges’ Choices. NBC4 reserves the right to declare fewer than fifteen (15) Judges’ Choices in the event that it does not receive a sufficient number of timely and properly submitted Entries.
FINALIST JUDGING PERIOD (April 9, 2014-April 14, 2014)
31. Starting on April 9, 2014 and ending on April14, 2014, or within a reasonable time thereafter, the Public’s Choices and the Judges’ Choices (together the “Top Choices”) will proceed to the Finalist Judging Period, during which they will be judged by the Contest Judges.
32. Contest Judges will judge the thirty (30) Top Choices in accordance with the Judging Criteria set forth above. Subject to verification of eligibility, the three (3) Top Choices in each Size Division that receive the highest overall scores during the Finalist Judging Period will be declared the Finalists. The Top Choice in each Size Division that receives the highest overall score during the Finalist Judging Period will be declared the Winning School, for a total of three (3) Winning Schools. Decisions of Contest Judges shall be considered final and binding in all results. NBC4 reserves the right to select fewer than nine (9) Finalists or three (3) Winning Schools in the event that a sufficient number of suitable and properly submitted Top Choices are not available for the Finalist Judging Period.
33. NBC4 will announce the names of the Finalists following the conclusion of the Finalist Judging Period but will not announce the Winning Schools until on or about May 15, 2014. All results are unofficial until Winning Schools or Finalists (as applicable) respond to e-mail notification.
34. The submission of an Entry to the Contest Site for the Public Voting Period or to the Contest Judges for the Judge’ Choice Period or the Finalist Judging Period does not constitute an acknowledgement or determination by NBC4 that such Entry satisfies these Official Rules, including the Submission Requirements, or that the relevant School is otherwise eligible. NBC4 reserves the right, at any point during this Contest, to withdraw from the Contest Site or from the Contest Judges, or to refuse to submit to the Contest Site or the Contest Judges, any Entries that NBC4 determines, at any time and in its sole discretion, do not satisfy all requirements of these Official Rules.
WINNER NOTIFICATION
35. NBC4 will contact all potential Winning Schools via their respective School Principals via e-mail and/or United States mail in accordance with the information supplied by the School Principal at the time of entry. Winning Schools may 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, Atlas Butler Heating & Cooling, 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.
36. 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
37. 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
38. Schools agree that NBC4, Atlas Butler Heating & Cooling, the Contest Judges, and 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, the Public Voting Period, the Judges’ Choice Period, or the 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 Top Choices, Finalists or 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 Photo); (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 Photos) during or after the Contest, and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize.
39. 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.
40. 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.
41. 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.
MISCELLANEOUS
42. 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 Top Choices, 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.
43. 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 Top Choices, 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.
44. 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 any Contest Entity; 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.
45. 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 “Top Choice,” “Finalist,” or "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.
46. 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.
DISPUTES
47. 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.
48. 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 Released Parties in connection with the Contest, shall be governed by, and construed in accordance with Ohio law, 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 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 Franklin County, Ohio, 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
49. 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” or “Official Rules.” Winning Schools’ List will be available after June 15, 2014.
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