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KBAK/KBFX – HOT TIMES CONTEST OFFICIAL RULES.
KBAK/KBFX Television stations and Kern Glass & Aluminum Company, Inc.(referred to as SPONSORS from this point) are giving viewers a chance to enter the HOT TIMES contest in an effort to win new Milgard windows for their home. The contest will begin Tuesday, May 10, 2011 and end at 11:30pm on Monday, May 30, 2011.
1. NO PURCHASE NECESSARY TO ENTER OR WIN: Entrants will submit electronically to Bakersfieldnow.com the date and time they believe Bakersfield will reach 100 degrees for the first time this year as recorded by Meadows Field in Kern County. There is no other method of entry. Only one entry is allowed per household and the entry must be received by 11:30pm May 30,2011 to be eligible. SPONSORS are not responsible for any losses, damage or liabilities resulting from technical malfunctions or for submissions, entries, claims or notices that are late, lost, misdirected, damaged, illegible, incorrect, or incomplete.
2. Entries will be accepted from Tuesday, May 10, 2011 through 11:30pm on Monday, May 30, 2011. In the event the temperature reaches 100 degrees prior to 11:30pm May 30th any entries received within 24 hours prior to the temperature reaching 100 degrees will not be considered.
3. PRIZE DETAILS: One Grand Prize Winner will be awarded up to 10 (ten) Milgard Windows and installation will be provided by Kern Glass and Aluminum Co, Inc. Total Value is $7,000.
No cash prize will be awarded. Entrants do not need to be homeowners. However, the Grand Prize Winner must be the owner of the residential property in order to receive the prize. Residential property must be located in the KBAK/KBFX viewing area in the County of Kern. In the event that the Grand Prize Winner is not a homeowner, the Grand Prize Winner has no more than 21 days to gift the prize to another eligible party. Grand prize may only be gifted once by the original winner. Transferee must meet all of the requirements listed in these rules. Transferring the prize requires the winner to submit a written request including the name, address, phone number, email address, and signature of both the winner and the transferee, as well as a declaration and release from the transferee. Federal, state and local taxes are the sole responsibility of the individual recipient of the Grand Prize.
4. AWARDING PRIZES: Contestants will be judged soley by the date and time submitted as their guess of when Bakersfield will reach 100 degrees for the first time this year as recorded by Meadows Field in Kern County. Decisions and interpretations of these rules are final in all matters relating to this contest. Winners will be notified that they have won within 48 hours of the contest ending. Winner will be required to complete and return an affidavit of eligibility, liability/publicity release or the prize will be forfeited. In the liability release, the winner will agree to indemnify and hold harmless SPONSORS and its agents for any injuries, damages or losses which may be sustained in connection with the ownership, use or misuse of any prize. Prizes may not be awarded if a selected winner is determined to be ineligible. In order to receive a prize, a winner is not required to purchase goods or services, pay any money or submit to any sales presentation. ALL PRIZES ARE AWARDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY.
5. ODDS OF WINNING: Odds of winning depend on the number of entries.
6. ELIGIBILITY: Void where prohibited by law. KBAK/KBFX, Kern Glass & Aluminum Company, Inc and Milgard employees and their family members and/or those living in the household of the same are not eligible. Offer void where prohibited, and subject to all federal, state and local laws and regulations. Entrant must be over the age of 18 and a legal resident of Kern County residing in the viewing area of KBAK/KBFX Television Stations, located in Bakersfield, California.
AS A CONDITION OF ENTERING THIS CONTEST, PARTICIPANT(S) AGREE THAT: (1) UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR ANY LOSSES OR DAMAGES AND PARTICIPANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE DAMAGES, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (2) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR ANY PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (3) ANY AND ALL CLAIMS, JUDGMENT AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST BUT IN NO EVENT ATTORNEYS' FEES. RKC MARKETING CAN NOT BE HELD LIABLE FOR ANY HARDSHIP OR LOSS OF ANY KIND IN ANY FORM.
7. USE OF INFORMATION: Entry constitutes permission to use winner's names and likeness for publicity purposes without further compensation (except where prohibited by law) and for sponsor's compliance with federal, state and local laws and regulations.
In addition to the above rules, please note the following terms associated with electronic participation:
The terms and conditions set forth below (the "terms") govern you and your relationship with us while on the BakersfieldNow.com site on the World Wide Web (the "site") and in connection with your use of this site, and are legally binding to you. If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. Your registration and/or your use of the site shall be deemed to be conclusive evidence that you have read these terms, understand them, and agree to each and every one of them. All references herein to "you", "your" or the like shall be deemed to mean the person visiting or using this site and/or the person registering to use this site, to submit photos or other information, or to obtain products or services from this site.
All information, documents, products and services, logos, graphics, and images (the "Materials") provided on this site are copyrighted or trademarked and are the property of KBAK/KBFX Television stations. The HOT TIMES Contest is a promotion by KBAK/KBFX Television stations, and references to "we", "us", KBAK/KBFX and similar words shall be deemed to be references to this service and/or to KBAK/KBFX, as applicable to the content of the reference. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, privacy laws and/or communications laws, and KBAK/KBFX intends to enforce all of its rights and privileges under such laws.
KBAK/KBFX grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of KBAK/KBFX. Specifically but without limitation you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post content from this site to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the materials in any manner. You agree not to "frame" or "mirror" any Materials or third-party content contained on this site on any other server or internet based device without the advanced written permission of KBAK/KBFX or its licensors, respectively. The limited license granted to you hereby terminates automatically, without notice to you, if you breach any of the terms here of.
This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by KBAK/KBFX. Such links do not constitute an endorsement of such other sites by KBAK/KBFX and you acknowledge that KBAK/KBFX is providing these links to you only as a convenience, and you further agree that KBAK/KBFX is not responsible for the content of such sites or your use of such sites.
You agree that all materials that you submit or transmit are owned solely by you and that you assume total and exclusive responsibility and liability for the content thereof and the use thereof. You also agree that you will not upload or post any photos or other content that is or may be threatening, profane, harassing, defamatory, unlawful, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under any applicable law. You further agree that you will fully indemnify and hold KBAK/KBFX harmless of, from and against any liability, loss, damages, costs and attorney’s fees that may be alleged against or incurred by KBAK/KBFX as a result of any and all claims by third parties or law authorities related in any manner to your photos and materials or the use thereof regardless of whether or not KBAK/KBFX pre-screens your content. KBAK/KBFX reserves the right to edit or remove content which violates or which they reasonably believe violates any of the foregoing provisions or any law.
Although we attempt to monitor the accuracy and timeliness of materials or third-party content, KBAK/KBFX does not warrant the accuracy or timeliness of same. Accordingly, you acknowledge that this site may include certain inaccuracies or typographical errors which may affect the quality of materials and third-party content and you specifically totally release KBAK/KBFX and its agents and employees from liability for any errors and/or omissions in the materials and third-party content, whether provided by KBAK/KBFX or any third-party.
You must be at least eighteen (18) years of age to register a valid contestant in the Hot Times Contest and you specifically represent that you are at least eighteen (18) years of age and that you have authority to register for the contestant, to make representations for the contestant, and to utilize this web site for the contestant.
YOU AGREE THAT KBAK/KBFX SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR, AND YOU INDEMNIFY AND HOLD KBAK/KBFX HARMLESS OF, FROM AND AGAINST, ANY LIABILITY, LOSS, DAMAGE, COST AND/OR ATTORNEY'S FEES INCURRED BY RKC OR KBAK/KBFX AS A RESULT OF YOUR DISPLAY, COPYING OR DOWNLOADING INFORMATION OR MATERIAL CONTAINED ON THIS SITE OR YOUR USE OF THIS SITE IN ANY WAY. THE FOREGOING RELEASE, INDEMNIFICATION AND HOLD HARMLESS PRECLUDES ANY LIABILITY BY RKC TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT EVEN IF RKC HAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH POSSIBLE DAMAGE. IN THE EVENT THE FOREGOING IS HELD UNENFORCEABLE IN ANY WAY, YOU AGREE THAT ANY LIABILITY THAT RKC MAY HAVE OR MAY BE ADJUDICATED TO HAVE SHALL BE LIMITED TO RETURN OF ANY FEES PAID TO KBAK/KBFX BY YOU IN CONNECTION WITH THE REGISTRATION OF A CONTESTANT OR THE USE OF THIS SITE.
KBAK/KBFX controls and operates this site from its headquarters in the United States of America and makes no representations that the materials are appropriate or will be available for use in international locations. If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content associated with this site.
There are no representations, promises or warranties other than those, if any, expressly made at this web site. Specifically, but not by way of limitation, KBAK/KBFX and its agents and assigns, make no representations, promises or warranties of your success or failure by submitting photos pursuant to this web site and these rules.
THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY US AND WAIVED BY YOU.
If you violate the terms of this contest or the site, KBAK/KBFX reserves the right to terminate service to you without further notice or explanation. AlthoughKBAK/KBFX’s preferred course of action is to advise you of your violation of terms, breach or inappropriate behavior, and to suggest corrective action, KBAK/KBFX is not bound to do so and may exercise its right to terminate at any time. Any action related to these Terms will be governed by California Law and controlling U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in Kern County, California, for the resolution of any and all disputes arising from or related to these Terms and/or your use of the site, and you specifically waive the right to bring an action in any other forum, and in the event you bring action in any other forum KBAK/KBFX shall have the right to have same dismissed or transferred to the contractual forum agreed to above. The failure of KBAK/KBFX to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by KBAK/KBFX in writing. The Terms comprise the entire agreement between you and KBAK/KBFX and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the relationship between them. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.
PRIVACY: We have created this privacy policy in order to demonstrate our commitment to providing full disclosure as to how we provide services and value to you and how we may utilize the information that you furnished to us or that we obtain from you through modern technology. Your participation through our web site in any of the services or products that are unavailable through our web site shall be deemed to constitute your understanding and acceptance of this privacy policy. We may modify the terms of this privacy policy from time to time, so you should review it frequently. Each time you visit our web site or provide us with information, you are accepting the most current terms of our privacy policy.
As in most cases of e-commerce, whenever you visit our web site your IP address and the web page from which you came are automatically collected. Using your IP address to help us identify you and to gather broad demographic information about you and enables us to optimize and administer the web site for you and to diagnose problems with our site, so we utilize your IP address for those purposes. Also as in most cases of e-commerce, our web site uses cookies to monitor your experiences with our web site and to keep track of your purchases and other activities. Cookies also enable us to deliver content specific to your interests, to save your password, and, if you choose, to save other personal and financial information so you do not have to reenter it every time you visit our web site. Most browsers will provide assistance to enable you to disable cookies if you wish, but that may also disable your access to certain areas of our web site, so we do not recommend that you disable cookies.
We use reasonable security methods to protect all data that we collect and store, including but not limited to personal information, demographic information, and financial information. However, we cannot and do not ensure that our systems are impenetrable or that data is not intercepted while being transmitted to or from us over the Internet or by other means. In the event we sell or transfer all or a substantial portion of our assets, then we reserve the right to transfer to a third-party any and all data and information that we have obtained or have stored. We also reserve the right to disclose any and all information and data that we have obtained or have stored to appropriate law enforcement authorities if we reasonably suspect that a user of our web site or of services or products made available through the use of our web site is engaging in or has engaged in any illegal activity.
Your Acceptance of These Terms
By using this site and providing us with your information, you agree to the bakersfieldnow.com Privacy Policy and all of the Terms set forth in this document. If you do not agree to this policy and the terms, you are not granted the license to use this site or any of the services or products provided and please do not use our site. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy or these terms at any time. Please check this page frequently for changes. Your continued use of this site means you accept those changes in effect as of the date and time of your latest usage. You can e-mail us with any further questions you may have at viewer@bakersfieldnow.com(Email Subject: Privacy Please)
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