KFOR-TV Marcum’s Nursery Garden Photo Contest Sweepstakes

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING. 

1.  Eligibility:  Contest participation is limited to amateur photographers only (i.e., individuals earning 10 percent or less of his/her income from photography). Entrants must be legal US residents, at least 18 years old or above, as determined by KFOR-TV and reside in the Oklahoma City Designated Market Area (“DMA”) as defined by The Nielsen Company.   Void where prohibited and outside the Oklahoma City DMA.  Employees of KFOR-TV, Local TV Oklahoma License, LLC, Marcum’s Nursery (collectively, the “Sponsor”), their parent companies, the Contest’s participating  sponsors, promotional agencies and their advertising agencies, employees of other television or radio stations, and members of the immediate families of 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. 

2. Contest Period:  The Contest entry period begins on Monday, May 5, 2014 at 12:01 am CT and ends on Sunday, June 21, 2014 at 11:59 pm CT (“Entry Period”).  The Contest voting period begins on Monday, June 22, 2014 at 12:01 am CT and ends on Sunday, July 6, 2014 at 11:59 pm CT (“Voting Period”). 

3.  Contest Entry:  To enter the Contest, go to KFOR.com and click on the contest tab during the Entry Period.  Click on the Marcum’s Nursery Garden Photo Contest graphic and accurately complete the official entry form by submitting your name, telephone number, and email address. You will also be asked to submit a photo of a landscape, garden, plant or other representation of spring in the natural environment (the “Garden Photo”) as well as a title and description of the Garden Photo. (Collectively, the entry information, Garden Photo, and description will be referred to as the “Entry.”) Garden Photo must be submitted in JPEG format, 200-300 DPI.  The photos can be black and white, color, or enhanced (such as with sepia, antique, solarize, etc.).  Other than as permitted above, altered or electronically enhanced Garden Photos are not permitted and are subject to disqualification. No individuals, brands or logos may appear in the Entry.  Titles must be no more than 100 words long; descriptions must be no more than 500 words long; and both the title and description must be in English. Entrants must use their own name. Limit one Entry per person and one per email address.  All Entry information (but not the Garden Photos or descriptions) becomes the property of KFOR-TV and will not be returned.  Incomplete Entries will be disqualified. Entrants may be required to become registered users of the website (registration is free) and may not enter the Contest more than once. Any attempt by any contestant to obtain more than the stated number of Entries using multiple/different email addresses, identities, registrations, or logins or software-generated Entries, robotic Entries, other automated process, or third-party entry service will void those Entries and such contestant may be disqualified. Only one registered account per Entry.  If multiple accounts are detected for a single entrant, the accounts will be voided and the Entries will be disqualified in Sponsor’s sole discretion.  In the event of a dispute as to any registration, the authorized account holder of the email address or account used to register will be deemed to be the registrant.  The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.  Information submitted in connection with the Contest may be shared with Contest sponsors and prize suppliers, and may be used in accordance with Sponsor’s privacy policy, which can be found at http://kfor.com/privacy-policy/. Sponsor reserves the right to use any and all information related to the Contest, including information on entrants obtained through the Contest, for marketing purposes or any other purpose, unless prohibited by law.   

4. Contest Voting and Winner Selection: During the Voting Period, eligible Entries will be posted at www.kfor.com/gardenphotos for public voting. Voters can vote once per person, per day, once per email address, per day. All voters must be located in the United States at the time they cast their vote. Proxy voting is not allowed. This includes but is not limited to creating multiple or dummy emails. No one may purchase votes. The use of automated or third party software or web site to vote is prohibited. Sponsor reserves the right to disqualify any votes cast in violation of the above restrictions. Sponsor is not responsible for votes that are lost, late, deleted, garbled, corrupted, misdelivered, undelivered, or misdirected. After the Voting Period, the 20 Entries with the most votes, including ties, will be reviewed by a panel of judges and awarded points based on creativity of the Entry, beauty and aesthetic appeal of the Garden Photo. Winners will be ranked by First Place, Second Place, and Third Place based on the number of points awarded by the judges.

5. Conditions Applicable to Entry and Voting: Sponsor reserves the right to prohibit any contestant or voter from participating in the Contest (and to invalidate any votes from that voter) if, at its sole discretion, Sponsor finds such contestant or voter to be tampering with the voting process or the operation of the Contest; or if such contestant or voter shows a disregard for, or attempts to circumvent, these Official Rules; or if such contestant or voter threatens the integrity of the Contest in any way, including but not limited to by posting or otherwise disseminating material on Twitter, Facebook, or any other social network or elsewhere online that is offensive, vulgar, obscene, or defames anyone or any entity or, in the sole discretion of Sponsor, damages Sponsor brands; or if such contestant or voter acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other voter, contestant, or Sponsor; or (c) in any other disruptive manner.

6.  Prize:   The First Place winner will receive a $200 Marcum’s Nursery gift certificate with a retail value of $200.00.  The Second Place winner will receive a $75 Marcum’s Nursery gift certificate with a retail value of $75.00. The Third Place winner will receive a $50 Marcum’s Nursery gift certificate with a retail value of $50.00. Total retail value of all prizes: $375.00. Gift certificates valid at either of the following Marcum’s Nursery locations:  2121 SW 119th Street, Oklahoma City, OK 73170 or 169 North Main, Goldsby, OK 73093.   The gift certificates will have an expiration date of December 31, 2014 and are subject to terms and conditions thereon.

7. Winner Notifications:  Sponsor will attempt to notify the Contest winners by telephone following the end of the Voting Period.  A potential winner will be disqualified and Sponsor may adjust the order of winners accordingly and award the third prize to the next highest ranked Entry if: (a) a winner does not respond within 72 hours of first notification attempt; (b) a winner does not fulfill the eligibility requirements; (c) a winner does not adhere to the Official Rules; and/or (d) if the prize notification is returned as undeliverable, refused, or declined. All results are unofficial until winners are verified.

8.  Prize Acceptance/Restrictions:  Only ONE (1) winner per household.  Winner is subject to verification by KFOR-TV of the winner’s name, age, address, and phone number.  In order to claim his or her prize, the winner must appear in person at the business offices of KFOR-TV, 444 East Britton Road, Oklahoma City, Oklahoma 73114.  The winner will be required to sign an Affidavit of Eligibility/Release of Liability and Publicity.  Failure to do so will disqualify the winner.  If a winner is disqualified, Sponsor reserves the right to adjust the order of winners accordingly and award the third prize to the next highest ranked Entry or to not award that winner’s prize at all.  Prizes cannot be redeemed for cash or substituted for any other items by any winner.  Prizes are non-assignable and non-transferrable.  Sponsor reserves the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason.  Any cost not specifically included in the prize is the sole responsibility of the winner.  

9. Other Conditions of Entry: By entering, each contestant represents and warrants that no laws were broken in the creation of the Entry and that the Entry is his/her own original creation, the contestant has all rights necessary to submit the Entry, the Entry has not been copied in whole or in part from any other work, the Entry does not violate the rights of any person or entity (including but not limited to privacy rights and copyrights), the Entry does not defame, libel, or slander anyone or any entity, and does not contain inappropriate, offensive, indecent, vulgar, obscene or profane content. Entries that do not comply with these Official Rules or the foregoing representations and warranties will be disqualified. Each contestant agrees to indemnify, defend and hold Sponsor harmless against any and all liabilities, losses, damages, claims, debts, investigations, fines, penalties, costs, expenses and settlements (including attorneys' fees and costs of litigation, settlement, judgment, interest and penalties) arising out of or related to a breach of the foregoing representations and warranties. By entering, each contestant grants to the Sponsor a world-wide, perpetual, royalty-free license to publish his/her Entry on KFOR, on the KFOR website and through any and all other media, now known or hereafter devised, in any manner related to the Contest, without prior notice, approval or compensation. Contestants otherwise will retain all rights to their respective Entries.

10. Publicity Release:  By participating in the Contest, each entrant acknowledges that his/her Entry in the Contest constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’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. 

ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY RESULT IN DISQUALIFICATION. 

11. Conditions:  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason:  (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 Contest, (b) the Contest becomes corrupted due to interruption in wireless calling devices or wireless service for any reason, or (c) the Contest is otherwise not capable of running as planned.  If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest. If Sponsor terminates the Contest during the Entry Period, it will determine the winners by applying the judging criteria set forth above to all eligible, non-suspect, non-winning Entries received as of the termination date. If Sponsor terminates the Contest during the Voting Period, it will determine the winners by determining the 20 leading recipients of valid, non-suspect votes and then judge the 20 finalists by applying the judging criteria set forth above. If Sponsor terminates or modifies the Contest, Sponsor will post notice on the official Contest website. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Official Rules and the decisions of any judges, which are final on all matters pertaining to the Contest.  Any entrant who attempts to tamper with this Contest in any way or use fraudulent means to participate in and/or win the Contest shall 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. Sponsor and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays.  Other than the prizes received by the winners, no entrant shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Contest.  Sponsor shall have the sole discretion to administer the Contest and interpret and apply the Rules.  This Contest is not intended for gambling.  If Sponsor determines that an entrant is using the Contest for gambling purposes, such entrant may be disqualified and reported to the authorities.

12. Indemnification/Hold Harmless:  By participating, entrants agree: (a) to release, discharge, and hold harmless Sponsor, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, 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 Contest and/or the broadcast or exploitation or use of Entry or any other Contest-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 Contest, 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 Contest, including attorneys’ fees.       

13.  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 Contest 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 Contest, (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 Contest, 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 which 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 application process are the sole responsibility of each entrant and the Sponsor will not issue reimbursement for any expenses.

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES. 

14.  Choice of Law/Forum:   Oklahoma law shall govern this Contest, without regard to Oklahoma’s choice of law rules.  The courts of Oklahoma shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Contest.

15.  Official Rules:  To request a copy of the Rules, send a self-addressed stamped envelope to KFOR-TV, 444 East Britton Road, Oklahoma City, Oklahoma 73114, by July 10, 2014.  Written copies of these Rules are also available during normal business hours (8:30 am-5:30 pm CT) at KFOR-TV business offices or online at www.KFOR.com.

16.  Names of Winners:  For a list of prize winners, send a separate, self-addressed, stamped envelope to KFOR-TV, 444 East Britton Road, Oklahoma City, Oklahoma 73114 or appear in person at that location between normal business hours 8:30 am-5:30 pm CT after July 10, 2014.

17.  Rights Reserved:  The content, information, data, designs and code associated with the Contest and Contest website are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsors without the express written consent of its owner is strictly prohibited. 

18. Sponsors:  KFOR-TV, 444 East Britton Road, Oklahoma City, OK  73114 and Marcum’s Nursery located at 2121 SW 119th Street, Oklahoma City, OK 73170 or 169 North Main, Goldsby, OK 73093.