Can’t Bear the Cold 2017 Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING.
ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE ENTRY FORM AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES. DISQUALIFICATION IS IN THE SOLE DISCRETION OF SPONSOR.
WDAF will conduct the Can’t Bear the Cold 2017 Sweepstakes (“Sweepstakes”) in accordance with these Official Rules (“Rules”). Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Rules. The Sweepstakes is intended for play in the United States only, and is void where prohibited and outside the Sweepstakes area set forth below. Do not participate if you are not eligible and located in the United States at the time of entry.
- Eligibility: Entrants must be legal US residents of Missouri or Kansas and reside within 50 miles of the Fox4 studios at 3030 Summit, Kansas City, MO 64108 (the “Sweepstakes Area”). Each entrant must also, as of September 1, 2017, own a single family dwelling within the Sweepstakes area. Entrants must be least 18 years old or older and have lawful access to the internet and a valid email address at time of entry. Employees of WDAF (“Sponsor”) and of its parent and affiliated companies, of Climate Control Heating and Cooling, Inc. (the Sweepstakes’ “Participating Sponsor”), and of the promotional agencies and advertising agencies associated with this Sweepstakes, as well as employees of other television or radio stations, and members of the immediate families of all such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sweepstakes Period: The Sweepstakes begins on or about Friday, September 1st, 2017 at 12:01 am CT and ends at 11:59 pm CT on September 30th, 2017 (the “Sweepstakes Period”).
- Winner Selection & Prize: One winner will be randomly selected from all eligible entries on or about October 1, 2017, subject to eligibility verification and compliance with these Rules. Odds of winning depend on the number of eligible entries. The winner will receive a grand prize of a Trane XB80 Series Model# TUE080B936. Prize consists of the furnace unit plus tear out of old unit and installation of new unit. The approximate retail value (“ARV”) of the prize is $3,800. If prize value is less than stated ARV because of variables involved in tearing out old unit and installing new unit, difference in prize value will not be awarded. Prize provided by Participating Sponsor and must be installed at a home located within the Sweepstakes Area.
- Winner Notifications: Sponsor will attempt to notify the Sweepstakes winner by email. The winner must have a valid email address where they can be notified. If a winner is unreachable or fails to respond to WDAF’s initial notification attempt within three days or if winner is found to be ineligible or otherwise not in compliance with the Rules or if winner fails to provide identification or provide required documents by the deadlines set by Sponsor, Sponsor reserves the right to award the prize to an alternate winner selected at random from among remaining eligible entrants. If Sponsor cannot verify winner, Sponsor reserves the right not to award the prize. All results are unofficial until winner is verified.
- Prize Acceptance/Restrictions: Winner is subject to verification by WDAF of the winner’s name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00). The winner must allow for the install within 8 weeks of winning or forfeit the prize. No attic or crawl space installations. Must be replacing an existing system – this is not installing new central air and/or duct work. If the winner would like to upgrade to a higher efficiency furnace unit than the prize furnace, the winner may choose to do so and pay the equivalent retail cost difference between unit awarded as prize and upgraded unit. In order to claim his or her prize, winner must appear in person at the business offices of WDAF, located at 3030 Summit, Kansas City, MO during regular business hours on business days by no later than October 15th, 2017. Winner will also be required to make home available and accessible to furnace removal and installation personnel as reasonably required by Participating Sponsor and to sign any documents Participating Sponsor may require to perform removal and installation. Winner will be required to sign an Affidavit of Eligibility/Release of Liability and Publicity, and will be required to provide a completed W-9, per Section 8 below. Prize cannot be redeemed for cash or substituted for any other items by winner. Prize is non-assignable and non-transferrable. Sponsor reserves the right to substitute a comparable prize of like or greater value, including cash, for prize, for any reason. Any other costs not specifically included in the prize are the sole responsibility of the winner. Properly claimed prize will be awarded, but in no event will Sponsor award more prizes than are provided for in these Rules.
- Publicity Release: By participating in the Sweepstakes, each entrant acknowledges that his/her entry in the Sweepstakes constitutes that entrant’s consent to use, publish, reproduce and for all purposes in connection with the Sweepstakes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), entrant’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
- Taxes: Any valuation of the prize stated above is based on available information provided to WDAF, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning more than $600.00 in total prizes will receive a 1099 form from Participating Sponsor – Climate Control Heating and Cooling, Inc. – at the end of the calendar year and a copy of such form should be filed with the IRS. Winner must provide Sponsor with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before prize will be awarded. Sponsor will have the right, but not the obligation, to require any winner to complete and submit an IRS form W-9. Sponsor reserves the right to withhold prize until the completed W‑9 form is received.
- Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions, if: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Sweepstakes becomes corrupted due to interruption in wireless calling devices or wireless service for any reason, or (d) the Sweepstakes is otherwise not capable of running as planned. If Sponsor terminates the Sweepstakes, it will determine the winner by random drawing from among all eligible, non-suspect entries received as of the termination date. If Sponsor terminates or modifies the Sweepstakes, Sponsor will post notice on the official Sweepstakes website. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges, which are final on all matters pertaining to the Sweepstakes. If Sponsor learns that any entrant has attempted to tamper with this Sweepstakes in any way or used fraudulent means to participate in and/or win the Sweepstakes, that entrant will be disqualified. Sponsor reserves the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Sponsor and its advertising and promotion agencies are not responsible for cancellations, postponements, or delays in the Sweepstakes. Other than the prize received by the winner, no entrant will be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Sweepstakes. Sponsor will have the sole discretion to administer the Sweepstakes and interpret and apply the Rules. This Sweepstakes is not intended for gambling. If Sponsor determines that an entrant is using the Sweepstakes for gambling purposes, such entrant may be disqualified and reported to the authorities. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If there is a conflict between any term of the Rules and any marketing or entry material used in connection with the Sweepstakes, the terms of the Rules will govern.
- Indemnification/Hold Harmless: By participating, entrants agree: (a) to release, discharge, and hold harmless Sponsor, Participating Sponsor, and their respective affiliates, parents, subsidiaries, and advertising and promotion agencies, and all of their officers, directors, employees, representatives, and agents (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, delivery, possession, misuse or use of a prize (including any travel or activity related thereto), or from participation in and/or entry into or creation of an entry for the Sweepstakes and/or the broadcast or exploitation or use of an entry or any other Sweepstakes-related activity; and (b) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize. In consideration for his or her participation in the Sweepstakes, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Sweepstakes, including attorneys’ fees.
- Limitation of Liability: The Released Parties are not responsible or liable for: (a) any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Sweepstakes or in the announcement of the prize(s), (b) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (c) failure of any entry to be received by Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (d) mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Sweepstakes, (e) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (f) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (g) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (h) entries that are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (i) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the entry process are the sole responsibility of each entrant and the Sponsor will not issue reimbursement for any expenses.
- Disputes: By entering the Sweepstakes, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental, attorneys’ fees, 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. 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. All entrants agree, by participation in the Sweepstakes, to submit to the personal jurisdiction of the state and federal courts located in Missouri. Missouri law will govern this Sweepstakes, without regard Missouri’s choice of law rules. The state and federal courts located in Missouri shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.
- Official Rules: To request a copy of the Rules, send a self-addressed, stamped envelope to WDAF, located at 3030 Summit, Kansas City, MO 64108, by September 30th, 2017. Written copies of these Rules are also available online at www.fox4kc.com or during normal business hours (8:30 am – 5:00 pm CT) at WDAF’s business offices.
- Name of Winner: For a the name of the prize winner, send a separate, self-addressed, stamped envelope to WDAF, located at 3030 Summit, Kansas City, MO, or appear in person at that location between normal business hours (8:30 am – 5:00 pm CT) after October 15th, 2017. Requests for winner’s name must be received by November 30th, 2017.
- Rights Reserved: The content, information, data, designs and code associated with the Sweepstakes and Sweepstakes website are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsor and/or Dukky without the express written consent of its owner is strictly prohibited. Dukky is a trademark of DirectMail.io.
- Participating Sponsor: Climate Control Heating and Cooling, Inc., 937 South Brown, Liberty, MO 64068.
- Sponsor: WDAF, 3030 Summit, Kansas City, MO 64108.
Material Terms: Sweepstakes runs September 1 – September 30, 2017 (11:59PM CT). No purchase necessary. Must be 18+ to enter, legal US resident, reside w/in 50 miles of sponsor office at 3030 Summit in Kansas City, & own single family dwelling in sweepstakes area. Void elsewhere & where prohibited. Visit fox4kc.com/category/contests to enter. One winner will receive a grand prize of a Trane XB80 Series Model# TUE080B936. Includes furnace unit plus tear out of old unit, installation of new unit. (ARV: $3,800.00). Full rules at www.fox4kc.com.