Click here for official rules
KTLA – TV
“WORKOUT GEAR GIVEAWAY 2013”
5800 Sunset Boulevard, Los Angeles, California 90028
2. CONTEST DATES:
The contest begins at 12:00:01 a.m. PT on April 22, 2013 and ends at 10:00 a.m. PT on May 20, 2013 (the "Contest Period"). Entries will be accepted from 12:00:01 a.m. PT on April 22, 2013 until 11:59:59 p.m. on May 16, 2013 (the "Entry Period"). Entries submitted in this Contest before or after the Entry Period will be disqualified.
3. HOW TO ENTER:
No Purchase Necessary TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
a. Go to www.ktla.com/lose5, click the "Workout Gear Giveaway" link and follow the instructions to complete the entry form. All entries must be submitted according to the deadlines above, based on the criteria provided. You must provide all information requested on the entry form, including your name, age, address, contact information, selected equipment desired, an essay consisting of no more than 100 words explaining why you want to get in shape, the uploading of at one digital photo of yourself and one photo of your old workout equipment. You may also (but are not required to) upload one digital video showcasing the needed repairs. Video must be NO GREATER than 200MB in size, NO LONGER than one (1) minute, and in one of the following formats: avi,dv,mov,qt,mp4,mpeg,3gp,asf,wmv,mpg. You must have a valid e-mail account in order for your entry to be eligible. Photos must be in either .jpeg or .gif format, and each photo’s file size cannot exceed 200 kilobytes. Photos and videos that are altered or electronically enhanced in order to substantially misrepresent the Entrant or the subject matter will not be considered and will be disqualified. Sponsor reserves the right to disqualify those entries that contain offensive or inappropriate material which are deemed by Sponsor to be unsuitable, or which Sponsor believes would subject them to a claim or litigation. Entrants agree to indemnify, defend and hold Sponsor and Sears Holding Corporation and its affiliates and subsidiaries (collectively, “Sears") 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.
b. By submitting a photo or video and essay, Entrants warrant that their photos, videos and essays are their own original creations, have not been previously published, do not violate the rights of any other person or company (including but not limited to privacy and copyrights), do not defame, libel, or slander anyone or any entity, do not contain offensive, indecent, vulgar, obscene or profane content, and in no other way violate any applicable laws, as determined by Sponsor. Entries that include photos, videos or essays that do not comply with these Rules shall be disqualified.
c. Incomplete or late entries will be disqualified and KTLA is not responsible for online entries that are lost, late, garbled, deleted, or misdirected as a result of technical, internet, server, or other online difficulties. In the event of a dispute regarding the identity of an Entrant, the holder of the e-mail account will be deemed the person who submitted the entry. Limit one entry per person or e-mail address for the entire Contest Period. Subsequent entries from the same email address will be deleted. Multiple entries from the same person will be disqualified. All entry information becomes the property of Sponsor and will not be returned or its receipt acknowledged.
This contest is void where prohibited by law. This contest is open only to legal residents of California within the KTLA viewing area, who are 18 years of age or older as of April 22, 2013. Employees of other media companies (including radio and television), Sponsor, Sears, and their parent corporations, subsidiaries, or affiliates, and such employees’ immediate family or household members are not eligible to enter or win the contest.
By entering this Contest, you agree that, if you win a prize in this contest, you understand the risks associated with the unsupervised use of such prize, and if necessary will consult a doctor before starting any exercise program that involves your prize. Entrants agree to indemnify, defend and hold Sponsor and Sears Holding Corporation and its affiliates and subsidiaries (collectively, “Sears") 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.
5. PRIZE AND WINNER SELECTION:
By entering this Contest, you agree to appear on a KTLA 5 news broadcast if you are chosen as a Winner. You further agree to allow KTLA-TV to broadcast either live or on a live to tape basis from inside your home or residence on a mutually agreed-upon date, limited to weekdays and in no event later than June 15, 2013, for the purposes of showcasing you and your prize, if you are a Winner. The date of a KTLA 5 visit to your residence for the purposes of taping and/or broadcasting live your requested repairs shall be known as the "Prize Date". There will be a total of four (4) prize dates, resulting in a total of four (4) winners for this Contest.
four days preceding each Prize Date, a judging panel composed of KTLA Staff
and/or persons designated by KTLA will evaluate all entries received up to that
point in time. In each instance of evaluation, the panel will designate one (1)
entry as a Winner from among all valid entries received based on receiving the
highest scores pursuant to the following criteria:
a. 20% - quality of essay
b. 25% - level of need for assistance with requested repairs
c. 55% - potential marketing and/or entertainment value of an Entrant's submission
After he or she is selected, a KTLA Staff member will, via telephone, call each Winner.
Each winner will receive one and only one (1) of these prize packages, based on the preference stated in their entry:
One (1) NordicTrack C900 Pro
Treadmill. Approximate Retail Value ("ARV"): $980.00
One (1) NordicTrack E9.5
Elliptical Trainer. ARV: $900.00
One (1) NordicTrack GX 5.0
Recumbent Cycle. ARV: $599.00
• One (1) Weider Pro 8900 Weight System and One (1) Sears Drop 5 in 30 Intermediate Bundle. Total ARV: $514.00
Only one (1) Winner per household will be allowed.
The winner will be required to present valid identification and will be required to sign a Statement of Eligibility and Liability and Publicity Release ("The Release") by the deadline established by Sponsors in order to receive the prize. Once the W-9 and The Release are sent to the winner, the winner and any of his or her guests have 7 days to complete and sign the W-9 (when appropriate) and The Release and return them to KTLA 5 (unless the prize is related to an event that occurs sooner). If the winner does not promptly fulfill these requirements, Sponsor may take legal action against the Winner.
All federal, state, and local taxes associated with all prizes, as well as all other costs or expenses associated with the prizes are solely the responsibility of the Winner.
Prizes are not transferable or redeemable for cash, and prize substitution will not be allowed, except at the sole discretion of Sponsor. Sponsor reserves the right, but is not required, to substitute a prize of equal or greater value for the prize in the event the prize listed herein is canceled, postponed or unavailable for any reason. Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor or Sears. Any difference between actual value and stated ARV will not be awarded. Winners will receive a Form 1099 for any prize with a value of $600 or more.
6. GENERAL CONDITIONS:
a. By entering, Entrants grant to KTLA an unlimited, non-exclusive, royalty-free right and license to publish entry submissions (including photos, videos and essays submitted by Entrants) in any medium now known or hereafter invented, in perpetuity. Entrants and Winners otherwise will retain all rights to their photographs, and the publication of their photographs as part of this Contest will not limit their use and ability to further market the images. KTLA reserves the right (but is not obligated) to post entry submissions and photos online at www.ktla.com or broadcast the photo or video on KTLA Channel 5.
b. If for any reason, this Contest is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure, or any other cause which corrupts or threatens the administration, security or integrity of the contest, Sponsor reserves the right, in its sole discretion, to terminate, modify, or suspend the contest or any portion of the contest. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS CONTEST WILL RESULT IN DISQUALIFICATION FROM THE CONTEST. Information submitted in Internet entries, including Entrant's name, address, e-mail address, etc., may be used by KTLA TV for marketing or promotional purposes. Sponsor reserves the right to prohibit any Entrant from participating in the Contest if, at its sole discretion, Sponsor finds such Entrant to be tampering with the entry process or if such individual repeatedly shows a disregard for, or attempts to circumvent, these Official Rules, or 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 Entrant, voters or Sponsor; or (c) in any other disruptive manner.
Sponsor reserves the right to delay contest announcements, postpone or reschedule all or some of the contest events, and/or modify Contest deadlines at its sole discretion. Any such changes will be announced and posted on the Sponsor’s website in a reasonable period of time.
participating in this contest, Entrants agree to have their names, photographs,
voices, biographical information, likenesses, and entry submissions (including
photographs) used in any and all media for promotional purposes relating to
this contest or future similar contests without further compensation or notice,
except as prohibited by law. By participating in this Contest, Entrants agree
to be bound by these rules and the decisions of Sponsor, and hereby forever and irrevocably release,
indemnify and holds harmless the Sponsor, Sears, and their respective officers, directors, employees,
representatives, agents, shareholders, successors and assigns, from any
liability, claims, demands, judgments, proceedings, causes of action, lawsuits,
injuries, death, costs, expenses or damages, due to any injuries, damages or
losses to any person (including but not limited to death) or property of any
kind, arising from, resulting from, or in connection with, directly or indirectly,
in whole or in part, from the Contest and any element or activity thereof, the Entrant’s
participation in, entry in, or in ability to enter the Contest, or any
Contest-related activity, or the Entrant’s acceptance, use, misuse, inability
to use, possession, travel related to, or defect of any prize, or any
violation of Entrants privacy, publicity, personal and proprietary rights, or
the collection, use and/or sharing of Entrant’s personally identifiable
information by Sponsor or its designees; any change in the prizing (or any
components thereof) due to unavailability, business or creative considerations,
or due to reasons beyond Sponsor’s control, any late, lost, stolen, mutilated,
misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete,
undeliverable or damaged entries, any wrongful, negligent, or unauthorized act
or omission on the part of any of the Sponsor, or any of their agents or
employees, lost, stolen, damaged, delayed or destroyed prizing (or any element
thereof), and any typographical errors in these Official Rules or any Contest
e. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of each Sponsor's or right to assert or rely upon any such provision or right in that or any other instance.
f. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with these Contest shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions.
All winning Entrants shall be required to sign and return a Photo and/or Essay Release, and an Affidavit of Eligibility and Liability Release. Entrants represent that they agree to be bound by these rules and the decisions of the judges and Sponsor.
7. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules or the name of the Winners, send a self-addressed envelope to “Workout Gear Giveaway 2013”, Attn: Creative Services, KTLA-TV, 5800 Sunset Boulevard, Los Angeles, California 90028, by July 1, 2013. A list of the Winners’ names will be available after the Winner has been verified and the prize has been awarded.