3. Release of Liability:
By entering any Contest, participants agree never to sue and to release, discharge and hold harmless PPT/PPR, ABC, Inc., their subsidiaries, advertising and promotional agencies and Prize suppliers from all claims and damages arising out of Contestant's participation in the Contest.
4. Publicity Release:
A. Contestants consent to the use of their name, city, photograph, and/or likeness by PPT/PPR, ABC and their parent, affiliated and subsidiary companies, or any designee thereof, for advertising and promotional purposes, without additional compensation, except where prohibited by law. All Contestants understand and agree that all publicity in connection with the Contest is under the sole control of PPT/PPR and ABC. Therefore, all Contestants agree to consult with PPT and ABC regarding any and all publicity (including, but not limited to, television, radio and print interviews) in connection with the Contestants involvement with the Contest and shall not consent to any publicity without prior approval of PPT/PPR and/or ABC. All Federal, state and local laws and regulations apply.
B. All telephone or other conversations between Contestant and PPT/PPR are subject to audio and or video taping and may be used on-air for promotional purposes. Contestant hereby consents to such recordings and agrees that Contestant is aware or may be presumed to be aware, from the circumstances of the conversation, that it is likely to be broadcast pursuant to 74 C.F.R., §73.1206 (1988).
C. From time to time, Contests may require the submission of original work, photographs, art, drawings or other materials. By such submission, Contestant affirms that he has the full and unencumbered right under International, Federal and State law to submit such materials as his own. By submitting such work, a Contestant assigns all rights to the work under International, Federal and State law to PPT/PPR. All Contest entries become the property of PPT and will not be returned.
5. Eligibility to Receive Prize:
A. All Contest Winners must comply with the following in order to be eligible to receive their respective Prize:
i. A Winner must appear in person with proper identification (valid driver's license, passport, state ID, or military ID together with actual proof of Social Security number) and sign an affidavit and release in the form specified by PPT/PPR. That affidavit and release shall, at a minimum, provide PPT/PPR with the name, current address, date of birth, social security number, proof of citizenship, affirmation of compliance with all applicable rules, publicity release and general release of liability, together with any and all other information as PPT/PPR may from time to time require. Failure to complete such affidavit and release shall constitute a forfeiture of any Prize. In the event of the winner moving it is the responsibility of the winner to provide updated information of address change for tax purposes.
ii. A Winner has fourteen (14) days from notification (the claim period) in which to claim their Prize. Should Contestant fail to timely claim such prize then, in that event, the Prize shall be considered to have been forfeited. PPT/PPR may dispose of any forfeited or unclaimed Prize as it sees fit, in its sole and complete discretion.
iii. Winners must wait 24 hours processing time before claiming a Prize unless circumstances of the Prize (i.e. Prize must be used immediately) dictate otherwise.
iv. Contest Winners will be notified one time only using the method chosen by PPT/PPR and will be considered to have received notification when the Contestant has been left a telephone, voice mail or other message of notification, been sent an email or other mail or delivery notice, or been contacted in person or has otherwise received actual notice. Notices shall be deemed made when transmitted or sent.
v. All Prizes must be claimed at the offices of PPT/PPR located at 399 S.8th Street, Colorado Springs, Colorado between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any claim period that expires other than during these regular business hours shall be automatically extended to expire at the end of the next regular business day following the end of the claim period.
vi. In the event the Contestant cannot appear in person to receive his/her Prize valued at under $600.00, they may designate a representative to claim the Prize. Written authorization from the Contestant is required. Such statement shall identify both the Contestant and the designated representative by name, address, social security number and Driver's license or other photo identification means (passport, state ID, or military ID). In the case of the use of a designated representative, the Contestant shall nevertheless be required to comply with all other terms hereof. Prizes valued at $600.00 or more must be claimed by the winner, in person.
vii. In most instances, Prizes will be delivered at the time of claim. The expense for delivery of large items is the responsibility of the Contestant. Prizes that are valued under $25.00, and which can fit in a standard legal size envelope with no additional postage, may be mailed winners shall be responsible for all Risk of loss or damage in mailing. All other Prizes must be claimed in person unless otherwise specified.
6. General Rules:
A. PPT/PPR is not responsible to replace any lost, expired, stolen, or defective Prizes. No warranties either express or implied are made.
B. All Prizes are non-transferable, and void where prohibited by law.
C. In the event that a Prize becomes unavailable, PPT/PPR may substitute another Prize of its own choosing or may terminate the Contest, in its sole and complete discretion.
D. Except as noted above, all Prizes will be given away by PPT/PPR. Odds of winning depend on the number of qualified entries.
E. Any Contest Winner receiving in excess of $600.00 cash and/or Prize value during any calendar year will receive a MISC. 1099 form for Federal and State tax declaration of Prize. Each Prize awarded has a value assigned to it. That value is set by PPT/PPR in its sole discretion. By entering any contest, Winners agree to and accept such valuation as final. Winners are responsible for all applicable taxes thereon. PPT will comply with all liens, levies, garnishments, attachments or other lawful order associated with the delivery of any Prize.
F. A Winner cannot exchange or replace the Prize they receive with a different Prize. A Winner cannot exchange the Prize for a cash value. Once a Prize has been claimed, it may not be returned for any reason. Many prizes include an expiration PPT/PPR shall not be responsible to replace any prize that has expired.
G. Additions or deletions to these rules and addendum (if any) are subject to the discretion of PPT/PPR, and may be enacted at any time without notice.
H. By entering any Contest of PPT/PPR, Contestant agrees that the decision of PPT/PPR is final with respect to any interpretation of these rules.
I. Prizes which pertain to an event that occurs on a particular date and time (the event), including but not limited to ticket Prizes for concerts, shows, performances or the like, will be deemed forfeited if not claimed by 4:00 p.m. the day of the commencement of the event, or by 4:00 p.m. on the Friday immediately prior to the event, whichever shall first occur. PPT/PPR is not responsible if the Winner does not claim the prize in the time periods set forth immediately above and will not replace any forfeited Prize. In the event a concert is canceled PPT/PPR is not responsible to replace the prize.