NEWS 12 “FITNESS FACE-OFF” CONTEST OFFICIAL RULES
NEWS 12 “FITNESS FACE-OFF” CONTEST OFFICIAL RULES
These Rules apply to any News 12 “Fitness Face-off” Contests (each, a "Contest") operated by News 12 Interactive LLC (“News 12”) on any of its platforms from time to time. Each Contest is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws. Void where prohibited by law. By submitting a nomination and/or voting, you agree to be legally bound by these Official Rules.
- ELIGIBILITY: Submissions and voting are open only to those individuals who have access to the News12 website and/or app.
- VOTING: The submission period for each Contest shall be set forth on the web or landing page describing the Contest parameters. Once the submission period is over, the groups with the most number of submissions will be posted in a Top 12 vote on News12.com. Votes must be cast online at www.news12.com or the News 12 iPhone application or Android application.
- VOTING PERIOD: The voting period for each Contest shall be set forth on the web or landing page describing the Contest parameters. Votes received outside of the designated voting dates and times will not be counted.
- SELECTION OF WINNERS: There will be three (3) winners selected in this Contest. During the applicable voting period, Voters are invited to vote on their favorite nominee. Limited to 12 votes per person per hour during the applicable voting period. Voting using fraudulent means or assistance of any kind, including but not limited to, mechanical or other software or robotic or automated assistance with regard to all or any part of the voting process is strictly prohibited and these votes will be disqualified. Any individual who, at the sole determination of News 12, abuses the voting process in any way will be disqualified from participating in the Contest. At the close of the applicable voting period, three (3) winners will be determined by nominee that receives the most votes. In the event of a tie in any particular Contest, the tying-contestants will both be featured on News 12 or News12.com, as determined by the News 12-designated judges in their sole discretion. Odds of winning depend upon the nature, quality and number of eligible nominees received. Decisions of judges are final and cannot be appealed.
- WINNER NOTIFICATION: Winners will be announced on or about the dates set forth on the web or landing page describing the Contest parameters. In the event a potential winner is found to be ineligible to receive the prize (including due to a violation of these Official Rules), the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at News 12's sole discretion, from among the other eligible nominees based upon the nominee having received the next highest number of votes.
- PRIZE: Each winner will be featured on air on News 12 and/or News12.com. Dates and times to visit the winner will be discussed with the winner and determined by News 12 staff. Any and all federal, state and local taxes on the prize are the sole responsibility of the winner. No transfer, refund, cash redemption, substitution or replacement of prize permitted, except that News 12 reserves the right, in its sole discretion, to substitute a prize of equal or greater value.
- NO TAMPERING; RIGHT TO CANCEL, MODIFY: News 12 may disqualify any vote or Voter if, in its sole discretion, it determines that the vote was cast in exchange for compensation or other consideration or is otherwise contrary to the spirit of the competition. News 12 may prohibit a Voter from participating in the Contest if, in its sole discretion, it determines that said Voter is attempting to undermine the legitimate operation of News 12 by cheating, hacking, deception, or other unfair participation or voting practices or intending to annoy, abuse, threaten, or harass any other participants or News 12’s representatives. News 12 is not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to errors in the advertising, Official Rules, selection and announcement of the winner, and distribution of the prizes. News 12 reserves the right to terminate or amend the Contest, in whole or in part, at any time without notice, if any factor, including without limitation virus, bugs, or non-authorized human intervention, interferes with its conduct as contemplated by these Official Rules. News 12’s decisions are final on all matters relating to the Contest and the subject matter of these Official Rules.
- RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY: By participating in the Contest, nominees, voters and winners agree to release and hold harmless News 12 and its parents, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Entrants and winners acknowledge that News 12 has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof. Except where prohibited, all issues and questions concerning the Contest, including but not limited to, the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants or News 12 in connection with the Contest, shall be resolved individually, without resort to any form of class action, and be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate New York state court in Nassau County or federal court in and for the Eastern District of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased.