CLEVELAND, Ohio (WOIO) -
Mission Makeover: A Bathroom Remodel for Veterans and Active Duty Personnel
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING
Bath Fitter and Northeast Ohio Foundation for Patriotism (NEOPAT), and not WOIO, LLC, are solely responsible for selecting Winner (as defined below) and awarding prize. Winner will receive this prize as a donation from Northeast Ohio Foundation for Patriotism (NEOPAT). Bath Fitter and Northeast Ohio Foundation for Patriotism (NEOPAT) are collectively referred to in these rules as “Sponsors.”
- PROMOTION DATES
- The Mission Makeover: A Bathroom Remodel for Veterans and Active Duty Personnel (“Promotion”) will begin on 5/22/2019 at 10:00 a.m. ET and end on 7/5/2019 at 11:59 p.m. ET.
- The deadline for entries is 6/28/2019 at 11:59 p.m. ET
- ELIGIBILITY RESTRICTIONS
- The Promotion is open to all legal residents of the United States and the District of Columbia (except NY and FL) who are 18 years of age or older at the time of entry and who live in the following counties in OHIO: Ashland, Ashtabula, Carroll, Cuyahoga, Erie, Geauga, Holmes, Huron, Lake, Lorain, Medina, Portage, Richland, Stark, Summit, Tuscarawas and Wayne (the “Eligibility Area”). Employees of WOIO, LLC (the “Station”), its parent, subsidiary, and affiliated entities, its advertising agencies, Sponsors and any other participating sponsors/promotional partners, other broadcasting stations in the Eligibility Area, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the United States, in NY and FL, as applicable, and where prohibited.
- Nominees must be Honorably discharged, Veteran, or active duty, active reserve or reserve status members of the armed services who are 18 years of age or older. Nominees must be able to provide proof of service with a military ID or DD217.
- Nominees must also provide proof of legal ownership of the property where the bathroom remodel will occur and must be legally allowed to make changes or improvements to the requested property.
- Individuals submitting nominations (“Entrants”) are required to provide truthful information and the Station or Sponsors will reject and delete any entry that it discovers to be false or fraudulent. The Station or Sponsors will disqualify any entry from any individual who does not meet the eligibility requirements, and will also delete any entry as required by law.
- To participate in the Promotion, you may enter via the following method(s):
VIA INTERNET – https://www.cleveland19.com/contests/ Follow the links and instructions to enter by nominating your local military Hero. Entries must contain the name and phone number of an Honorably discharged, Veteran, or currently active duty, active reserve or reserve status member of the armed services who is eligible to win per the terms of the rules. Also, submit the Entrant’s first name and last name, complete address, city, state, zip code, telephone number, and a valid email address in the online entry form. Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning the email address or the domain associated with the submitted email address. Multiple Entrants are not permitted to share the same email address. Entries submitted will not be acknowledged or returned. Use of any device to automate entry is prohibited. Proof of submission of an entry shall not be deemed proof of receipt by Station or Sponsors. The contest/sweepstakes administrator’s computer is the official time-keeping device for the Promotion.
- By entering this promotion, Entrant agrees that WOIO, LLC and Sponsors of this promotion may provide Entrant with promotional materials and that WOIO, LLC may release Entrant’s personally identifiable registration information to the other Sponsors for that purpose. WOIO, LLC is not responsible for the use of Entrant’s personally identifiable information by the Sponsors.
- PRIZES AND ODDS OF WINNING
- One (1) Nominee (the “Winner”) will be randomly selected to receive up to $10,000 in bathroom remodel goods and services to make improvements to his or her bathroom. The bathroom remodel includes: new bathroom vanity/top/fixtures, new shower or tub, new toilet, and all labor costs, that do not exceed the estimated prize value of $10,000. The potential total value of the prize is up to $10,000.
- The odds of winning depend on the number of eligible entries received
- The Winner will be selected randomly and contacted by phone. At that point the Winner will need to produce a military ID, or a form DD214 to authenticate his or her military service and status as an honorably discharged, Veteran or currently active duty, active reserve or reserve status member of the armed services.
- There is no substitution, transfer, or cash equivalent for prizes, except that the Sponsors may, at their sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Other restrictions may apply. Winner will receive this prize as a donation from Northeast Ohio Foundation for Patriotism (NEOPAT).
- The timing of the actual work to be done and/or the prize to be provided will be determined between the Winner and the Sponsors so as to fulfill the requests of the Winner per the budget constraints, but in the case of disagreement, Sponsors reserve the right to make the final decision as to the work to be done in their sole discretion. Sponsors are not responsible for the amount of time it may take to complete any work related to the bathroom makeover. The length of time for the bathroom remodel will depend upon the amount of work requested and current conditions or property or land being improved.
- Winner must provide proof of legal residency and have legal right to make any changes to the property requested by Winner. No work will be done for any property not owned by Winner without written permission from property owner. Property is subject to approval by local Sponsors providing improvement and specifications that may be required in order to meet all applicable local building codes and allow for work to be completed. Winner will be required to sign a hold harmless agreement as to Sponsors.
- If goods, services, or improvements requested by the Winner do not equal $10,000 in value, such total value determined by Bath Fitter, using its standard retail valuation of the provided goods, services, or improvements, there will be no other prize or cash awarded for the remaining balance.
- If Winner requests any improvements that are not covered by the Promotion, in Sponsors’ sole discretion, such improvements will be considered separate and apart from the Promotion.
- WINNER SELECTION AND NOTIFICATION
- Decisions of Sponsors or Station management with respect to the Promotion are final.
- One (1) Winner will be randomly selected for the bathroom remodel prize. If the Winner does not respond to telephone notification of his or her selection after (3) business days, an alternate Winner will be selected by random drawing.
c. Winner must execute and return any required affidavit of eligibility and release, publicity release, and proof of service within ten (10) days of notification attempt or Winner will be disqualified and the prize will be forfeited and an alternate Winner may be chosen by random drawing. If a potential Winner cannot be contacted, fails to complete, sign and return any required affidavit of eligibility and release, publicity release, and show proof of service within the required time period, or if a prize or prize notification is returned as undeliverable, the potential Winner will be disqualified and will forfeit the prize. An Entrant who provides a mobile wireless number to the Station in connection with a promotion, including by entering via text message or providing a mobile number for notification purposes, is responsible for informing the Station if his or her number is reassigned to another person at any time before the end of the Promotion set forth in Section I.a. of these rules, and for providing an alternative number where he or she may be reached.
- Unless otherwise specified in the prize notification, all prizes or prize certificates may be picked up at the office of the Station at the address below. The Winner will forfeit any prize or prize certificate not claimed within thirty (30) days of winning. Prize or prize certificates will not be mailed to the Winner without the Winner’s or prior written consent in which the Winner shall agree to assume its risk of loss. The Station, its Sponsors), or promotional partner(s) are not responsible for the safe arrival of a prize or prize certificate.
- Payments of all federal, state and local taxes are solely the responsibility of the Winner. Winner will be required to complete and submit an IRS Form W-9 or the equivalent including the Winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by the Station (in combination with any prizes won in Promotions run by any other Gray television station) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.
- Participating in the Promotion constitutes an Entrant’s permission for the Station, Sponsors or its agents to photograph, film and record each Winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation.
- The Station may, where legal, require the Winner to sign a publicity release confirming consent for the Station, Sponsors or its agents to photograph, film and record each Winner, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, prior to acceptance of the prize.
- To the fullest extent permitted by law, by participating in the Promotion, the Entrant:
i. agrees to grant the Station and Sponsors a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of your contest entry (the “Materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to you or any third party;
ii. acknowledges that the Station and Sponsors reserve the right, in their sole discretion, not to use the Materials at all; and
iii. represents and warrants that: the Entrant is 18 years of age or older; the Entrant has the full legal right, power and authority to grant to the Station the license provided for herein; the Entrant owns or controls the complete exhibition and other rights to the Materials you submitted for the purposes contemplated in this license; the Entrant is either the parent (or legal guardian) of any minor featured in the Materials or has received the express consent of the parent (or legal guardian) for any such minor to appear in the Materials and to enter the minor’s likeness in the Materials in the contest; and neither the Materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
- Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the Promotion, the Station or Sponsors in its sole discretion may require verification of Winner’s identification by a showing of valid government-issued photo identification.
- To the fullest extent permitted by law, by participating and/or accepting a prize, Entrants agree to release and hold harmless the Station, its Sponsors and promotional partner(s), its advertising and promotion agencies, any social media platform utilized in the conduct of the Promotion (including but not limited to Facebook, Inc.) and each of their respective parent, subsidiary and affiliated entities, and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each of them (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from participation in the Promotion. The Station may also require eligible Promotion Winners (as well as their parent(s) or legal guardian(s), if Winner is under the age of majority in their state of residence), to sign a liability release confirming such consent.
- The Station, or Sponsors in their sole discretion, reserve the right to disqualify any Entrant (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of the Station’s website, Facebook Page, and/or any other social networking site used in the Promotion, or is otherwise in violation of the rules. The Station or Sponsors further reserve the right, at their sole discretion, to modify, cancel, terminate or suspend the Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the Station’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by the Station in is sole discretion. Any attempt by an entrant or any person to deliberately damage any station website, Facebook Page, and/or any other social networking site used in the Promotion or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, the Station reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. The Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Station or Sponsors, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station or Sponsors reserve the right, but not the obligation, to modify, terminate, suspend or cancel the Promotion and shall not be required to award a substitute prize.
- The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Due to online streaming delays, online viewers of station programming may have difficulty participating in on-air contests. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Station’s control.
- To the fullest extent permitted by law, by participating in the Promotion, the Entrant understands and agrees that:
i. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
ii. any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
iii. any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event and under no circumstances will an Entrant be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
iv. any claim or dispute regarding the Promotion or these Official Rules will be resolved pursuant to the laws of the State or Commonwealth in which the Station is located, without regard to the conflicts of laws and rules of that State or Commonwealth;
v. any claim or dispute regarding the Promotion or these Official Rules will be resolved in a tribunal within the State or Commonwealth in which the Station is located, and you submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
vi. if for any reason a claim or dispute regarding the Promotion or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.
- The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
- To obtain a copy of the Official Rules or a list of Winner(s) following completion of the Promotion send a self-addressed, stamped envelope specifying “Official Rules” or “Winner List” to Mission Makeover: A Bathroom Remodel for Veterans and Active Duty Personnel Winner List or Official Rules Request, WOIO, LLC, 1717 E. 12th Street, Cleveland, OH 44114. A copy of the Official Rules and a list of Winner(s) (when complete) are also available during regular business hours at the main studio of WOIO, LLC, 1717 E. 12th Street, Cleveland, OH 44114. All such requests must be received within thirty (30) days following completion of the Promotion.
Sponsors: Bath Fitter, 7465 Worthington/Galena Road, Worthington, Ohio 43085; Northeast Ohio Foundation for Patriotism (NEOPAT) 9321 Oxford Trail, Cleveland, Ohio 44141; and WOIO-TV, 1717 E. 12th Street, Cleveland, OH 44114.