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ROCKIN FISH JULY 4TH AT THE BEACH CONTEST

OFFICIAL RULES

 

  1. NO PURCHASE NECESSARY. The Rockin Fish July 4th at the Beach Contest (the “Promotion”) is sponsored by Media General Operations, Inc. d/b/a WVTM-TV Alabama’s 13 (“Alabama’s 13”), Alabama Seafood Commission d/b/a Big Advertising, Kaiser Realty, Inc. by Wyndham Vacation Rentals, Necessity Sportsfishing LLC, and The Amphitheater at The Wharf (collectively referred to as “Sponsors”). The geographic scope of this Promotion is the following Alabama counties: Jefferson, Shelby, Walker, Blount, Etowah, St. Clair, Bibb, Chilton, Calhoun, Talladega, Clay, Coosa, Cullman, Winston, Marion, Fayette, Tuscaloosa, Hale, Pickens and Greene (“Promotion Area”).

 

  1. Promotion is subject to all federal, state and local laws. Void outside Promotion Area and where prohibited. Alabama’s 13 shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding prize restrictions, entries, eligibility, deadlines, winner selection, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules. Limit one (1) entry per person and per e-mail address, regardless of method. Limit one (1) prize per household during any twelve (12) month period through any Alabama’s 13-sponsored sweepstakes or games of chance promotions.  The term “household” includes all persons residing together in a single residence, whether or not related.

 

  1. Promotion begins on June 5, 2013 and ends on July 1, 2013 (“Promotion Period”). Final entry deadline is June 30, 2013 at 11:59 p.m. Central Time ("CT"). Alabama’s 13’s computer is the official time-keeping device for this Promotion. Drawing to determine winner will be held on or about July 1, 2013.

 

  1. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Alabama’s 13 and not to Facebook. The information you provide will only be used for administration of the Promotion and as otherwise set forth in these Official Rules. Any questions that you have about this Promotion must be directed to Alabama’s 13 and not to Facebook.

 

ELIGIBILITY

 

  1. Each entrant must be at least twenty-five (25) years old and a legal resident of the Promotion Area (above) at the time of entry.

 

  1. Employees of Media General Operations, Inc. d/b/a WVTM-TV Alabama’s 13, Alabama Seafood Commission d/b/a Big Advertising, Kaiser Realty, Inc. by Wyndham Vacation Rentals, Necessity Sportsfishing LLC, and The Amphitheater at The Wharf and the members of their immediate families (defined as spouse, parents, siblings or children) and households (whether or not related), are not eligible to enter or win.

 

  1. You are not eligible to win a prize in this Promotion if anyone in your household has won and received a prize in any Alabama’s 13-sponsored prize promotion in the twelve (12) months prior to any prize notification in this Promotion.

 

PRIZE

 

  1. Grand Prize (1): Three (3) nights’ accommodations for winner and up to five (5) guests in a condominium (2BR / 2BA) at Tradewinds #1204, 24568 Perdido Beach Blvd, Orange Beach, AL, checking in on July 4, 2013 and checking out on July 7, 2013; a four (4) hour Trolling charter for winner and up to eleven (11) guests on the charter boat Necessity with Captain Ben Fairey, including all includes licenses, fishing bait and tackle, departing from Orange Beach Marine on July 5, 2013; and tickets (front ten (10) rows) for winner and three (3) guests to see the ALABAMA: Back to the Bowery Tour at The Amphitheater at the Wharf, 23101 Canal Road, Orange Beach, AL, on July 5, 2013 at 8:00 p.m. Approximate Retail Value: $2,573.00.

 

  1. The odds of winning depend on the number of entries received.

 

GENERAL PRIZE RESTRICTIONS

 

  1. All prize details shall be at Alabama’s 13’s sole discretion. Winner assumes sole responsibility for all costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes, including income, sales and use taxes (if any), fees, surcharges on a prize, all lodging not expressly included above, all transportation, meals, beverages, baggage fees, tips, gratuities, sightseeing, excursions, fish cleaning during or after charter, souvenirs, trip insurance, upgrades and incidentals. Condo may require a credit card or cash deposit to cover incidentals. Any picture identification requirements or other travel-related requirements are sole responsibility of winner and guests.

 

  1. All prize elements must be used together and must be used on the dates stated above. Each guest of winner must either be at least twenty-five (25) years of age or must be accompanied by a parent or legal guardian and each guest may be required to execute and return travel/liability releases and (where legal) publicity release prior to confirmation of reservations.

 

  1. Prize is not redeemable for cash and may not be sold, bartered or auctioned. Prize may not be transferred or substituted except that Alabama’s 13 in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.

 

  1. Any portion of any prize not used by any winner is forfeit and no cash substitute will be offered or permitted. Prize being offered is provided “as is” with no warranty or guarantee either express or implied by Sponsors. Merchandise prize (if any) carries no warranty other than that offered by manufacturers. Sponsors have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.

 

SPECIFIC PRIZE RESTRICTIONS

 

  1. Condominium. Use of condominium prize is subject to policies of Kaiser Realty, Inc.  For more information, visit http://www.kaiserrealty.com/rental-policies/. 

 

  1. Charter. Use of charter prize is subject to policies of Necessity Sportsfishing LLC.  For more information, see http://necessitycharters.com/. 

 

  1. Concert Tickets.  Exact seat locations will be determined by Alabama’s 13.  Alabama’s 13 will not replace any lost or stolen tickets or similar items once they are in possession of any winner or any guest. The terms and conditions of the tickets awarded as prizes will govern in the event the Event is not held due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Use of Event tickets is subject to all rules and restrictions of Event venue. For more information, visit http://amphitheateratthewharf.com/venue-info.php.  Sponsors will not be responsible for acts of God, acts of terrorism, civil disturbances, strike, work stoppage, or any other natural disaster outside their control that may cause the cancellation or postponement of the Event.

 

TO ENTER

 

  1. Entries will be accepted beginning on June 5, 2013 at 12:01 a.m. CT and ending June 30, 2013 at 11:59 p.m. CT (“Entry Period”). There are four (4) ways to enter:

 

    1. Facebook: To enter via Facebook, visit Alabama’s 13’s Facebook page at www.facebook.com/Alabamas13, “like” our Facebook page, then click on the Contest Tab and follow the instructions to complete an Official Entry Form with your full name, address, telephone number, e-mail address and date of birth (your “Required Information”);

 

    1. Online: To enter online, visit www.alabamas13.com, click the Contest Tab and follow the instructions to complete an Official Entry Form with your Required Information;

 

    1. In person: Legibly handprint or type a letter or postcard with your Required Information and drop it off at Alabama’s 13, 1732 Valley View Drive, Birmingham, AL, during regular business hours; or

 

    1. Mail: Legibly handprint or type a letter or postcard with your Required Information and mail it to Rockin Fish Contest, Alabama's 13, 1732 Valley View Drive, Birmingham, AL.

 

  1. All entries (regardless of the method) must be received by Alabama’s 13 no later than June 30, 2013 at 11:59 p.m. CT. Proof of sending is not proof of receipt by Alabama’s 13. Alabama’s 13 will not accept screen shots as proof of entry.

 

  1. Limit one (1) entry per person or email address during the Entry Period, regardless of method. Additional entries received from any such person or email address thereafter will be void. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services) are prohibited and will void all entries submitted by that entrant. Limit one (1) mail-in entry per outer mail envelope. No group submissions will be accepted.  

 

  1. Entries must include a valid e-mail address for the entrant.  Alabama’s 13 is not responsible for electronic communications that cannot be delivered due to incorrect or out-of-date information provided by entrant or that are undeliverable as a result of any form of passive or active filtering of any kind.  In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the winning entry will be deemed made by the “Authorized Account Holder” of the e-mail address number used at time of entry.  Authorized Account Holder is defined as the natural person, who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or the natural person.

 

  1. Entrants who fail to provide the required information will not be eligible to win and will not be notified by Alabama’s 13. Sponsors are not responsible for, and entrants assume all risk of, entries that are lost, misdirected, mutilated, garbled, illegible, distorted, truncated, incomplete, postage-due, not legible, if they contain errors or if for any reason they are not received by Alabama’s 13 prior to the stated deadlines, and all such entries are void. Alabama’s 13 reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules.  All entries become the property of Alabama’s 13 and will not be returned or acknowledged.

 

  1. If you enter the promotion online or via Facebook, the information that you provide in connection with the Promotion may be used by Alabama’s 13 in accordance with its Privacy Policy, which is found at www.alabamas13.com and which may be updated from time to time.

 

SELECTION, NOTIFICATION AND VERIFICATION OF WINNER

 

  1. On July 1, 2013, or within a reasonable time thereafter, Alabama’s 13 or its designee will randomly choose one name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the Grand Prize winner.

 

  1. Alabama’s 13 will contact potential winner in accordance with the information supplied to Alabama’s 13 on his or her Entry Form. Winner must respond to initial notification within twenty-four (24) hours and must pick up prize in person at Alabama’s 13’s offices at 1732 Valley View Drive, Birmingham, AL, during regular business hours within forty-eight (48) hours of notification.  Potential winner may be required to present valid photo identification, signed affidavit or declaration of eligibility, liability release, publicity release (where legal), tax forms and/or other legal documents to Alabama’s 13 at the time he or she picks up prize. 

 

  1. In the event that potential winner (a) cannot be contacted directly by Alabama’s 13 within twenty-four (24) hours from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, Alabama’s 13 in its discretion may disqualify that individual. If time permits, Alabama’s 13 may conduct up to one (1) alternate drawing. Alternate winner (if any) is subject to all eligibility requirements and restrictions of these Official Rules. If Alabama’s 13 is unable to confirm an eligible winner after one (1) alternate drawing, or if there is not enough time remaining to verify an alternate winner, no further drawings will be conducted and the prize will not be awarded.

 

  1. No household will be eligible to win more than one (1) prize during any twelve (12) month period through any Alabama’s 13-sponsored sweepstakes or games of chance promotions. If you are selected as a potential winner, you may choose to decline the prize in order to preserve your household eligibility for alternate Alabama’s 13 promotions.

 

  1. Alabama’s 13, in its sole discretion, may post the verified winner’s name on its Facebook page at facebook.com/Alabamas13 and at its other websites, including www.alabamas13.com.

 

PUBLICITY RELEASE

 

  1. By accepting a prize, winner agrees to award Alabama’s 13 the right to publicize his or her name, photograph (including the use and appearance of winner's photograph on Alabama’s 13’s web page), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.

 

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

 

  1. Entrants agree that Alabama’s 13, Alabama Seafood Commission d/b/a Big Advertising, Kaiser Realty, Inc. by Wyndham Vacation Rentals, Necessity Sportsfishing LLC and The Amphitheater at The Wharf, Facebook, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (“Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Alabama’s 13 by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion, or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of the winner, the prize or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select a winner because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.

 

  1. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.

 

  1. BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.

 

  1. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

 

MISCELLANEOUS

 

  1. Facebook is not a sponsor of this Promotion. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.

 

  1. Alabama’s 13 reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of this Promotion as determined by Alabama’s 13 in its sole discretion, at which time, Alabama’s 13 will select the winner by conducting a random drawing from among all non-suspect entries received at the time of the Promotion cancellation, termination or suspension.

 

  1. Alabama’s 13 reserves the right to cancel, suspend or terminate this Promotion or any part thereof, in the event that Alabama’s 13 finds determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond Alabama’s 13’s control.  In such an event, Alabama’s 13 will select the winner by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as Alabama’s 13, in its sole discretion, deems fair and appropriate under the circumstances.

 

  1. Alabama’s 13 reserves the right to disqualify any individual from further participation in the Promotion if Alabama’s 13 concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards Alabama’s 13 or in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner.  Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method.  Any failure by Alabama’s 13 to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.

 

  1. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND ALABAMA’S 13 RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. All activity arising out of and relating to the Promotion, including any reference to an entrant's status as a "winner," is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Alabama’s 13 concerning verification and/or auditing. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Alabama’s 13 in its sole discretion, Alabama’s 13 reserves the right to disqualify that entry and/or entrant from the Promotion at any time.

 

  1. Alabama’s 13 reserves the right to correct typographical or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Alabama’s 13 reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.

 

DISPUTES

 

40. By entering the Promotion, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.

 

41. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants, Alabama’s 13 and any other Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Alabama, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Alabama.  

 

42. Any legal proceedings arising out of this Promotion or relating to these Official Rules shall be instituted only in the federal or state courts located in Jefferson County, Alabama, and the parties consent to jurisdiction therein with respect to any such legal proceedings.

 

43. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

WINNER’S LIST/OFFICIAL RULES COPY

 

  1. For a copy of the Official Rules or the final Winner’s Name, visit www.alabamas13.com or mail a SASE to: Rockin Fish July 4th at the Beach Contest c/o Alabama’s 13, 1732 Valley View Drive, Birmingham, AL 35209, specifying either “Winner’s Name Request” or “Official Rules Request.” Winner’s Name will be available after August 1, 2013.
 
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Rockin' Fish July 4th at the Beach Contest

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