Official Rules – Honor a Kansas Nurse

Honor a Kansas Nurse
OFFICIAL RULES

  1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Honor a Kansas Nurse (the “Contest”) is sponsored by LIN Television Corporation d/b/a KSNW-TV (“KSN News 3”), Brad Pistotnik Law Group and the Kansas Nurses Foundation (“KNF”) (together, the “Contest Parties”). Contest is only offered in Kansas. Void outside Kansas and where prohibited.
  2. Contest is subject to all federal, state and local laws. KSN News 3 shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding nominations, judging, deadlines, Honoree selection, recognition, award restrictions, and eligibility — and all of its decisions are final. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Contest-related advertising or materials.
  3. Contest begins on July 13, 2016. Final Nomination deadline is June 15, 2017 at 11:59 p.m. Central Time (“CT”). Judging to determine potential Honorees will be completed no later than five (5) business days after the conclusion of each monthly nomination period, with the final Honoree selected by June 19, 2017. KSN News 3’s computer is the official time-keeping device for this Contest.

ELIGIBILITY

  1. To be eligible to submit a nomination (i.e., a “Nominator”) or to be nominated (i.e., a “Nominee”), you must be at least eighteen (18) years old and a legal resident of Kansas. In addition, each Nominee must be currently licensed by, and in good standing with, the Kansas State Board of Nursing and actively practicing nursing in Kansas. If selected as a potential Honoree, Nominee must be able to furnish documentation of such eligibility.
  2. Employees of KSN News 3, Media General, Inc. (“Media General“), Brad Pistotnik Law Group, KNF, any other television stations in Kansas, any other entity directly involved in the development or administration of the Contest, and the members of their immediate families (defined as spouses, parents, siblings, and children, including “steps,” “in-laws,” “formers,” and “exes” of each, and each of their respective spouses) and households, are not eligible to nominate or win. The term “household” includes all persons residing together in a single residence, whether or not related.

AWARDS & RESTRICTIONS

  1. Honorees (12): Each Honoree will be recognized as the Kansas Nurse of the Month, including announcement on KSN News 3 during the 10:00 p.m. CT newscast on the last Sunday of the month and recognition at the annual Kansas State Nursing Association (“KSNA”) convention. Approximate Retail Value: $0. Honorees will receive no prizes or other items of cash value.
  2. Brad Pistotnik Law Group will make a monthly $1,000 donation to support the mission of the KNF to support nursing education and scientific activities of Kansas nurses through scholarships, loans, and research grants. Donation will be made in name of Brad Pistotnik Law Group, not Honoree.
  3. Honoree recognition has no cash value and are subject to the sole discretion of KSN News 3 and/or the KSNA. In the event that any award element above is unavailable or cannot be or is not fulfilled for any reason, Honoree will not be entitled to any substitution, remuneration or alternate element.

NOMINATIONS

  1. Nominations will be accepted beginning July 13, 2016 at 12:01 a.m. CT and ending June 15, 2017 at 11:59 p.m. CT. Each nomination requires two (2) steps:
    1. Write Narrative: First, in five hundred (500) words or less, describe the qualities such as excellent patient care, professionalism, caring, compassion, etc. that make your Nominee deserving of recognition as a Kansas Nurse of the Month (your “Narrative”);
    2. Submit Narrative & Nomination Form: Next, submit all Required Information (defined below) along with your Narrative through either of the following submission methods:
      1. Online: Visit http://ksn.com (the “Contest Page”) and follow the instructions to complete an official nomination form with all required information, which may include your name, e-mail address, phone number, and age or date of birth (the “Required Information“), as well as current and accurate contact information for your Nominee for notification purposes, such as place of employment, daytime phone number and e-mail address, etc. (the “Nominee Contact Information”), and upload your Narrative; or
      2. U.S. Mail: Legibly hand-print or type a piece of paper with all Required Information and Nominee Contact Information and mail it with your Narrative to “Honor a Kansas Nurse” Contest, c/o KSN News 3, 833 N. Main Street, Wichita, Kansas 67203.

These are the only submission methods. Nominations will not be accepted via e-mail or any other method. The completed nomination form and Narrative together constitute your “Nomination Materials.”

  1. To be eligible for consideration during any particular selection month, nominations must be received by KSN News 3 no later than the fifteenth (15th) day of the relevant month at 11:59 p.m. CT. Nominations received after the fifteenth (15th) day of a particular month but before June 15, 2017, will be considered during the following month. Proof of sending is not proof of receipt by KSN News 3. KSN News 3 will not accept screen shots as proof of nomination.
  2. Regardless of submission method, limit one (1) nomination per Nominator per calendar month. Additional nominations received from any such Nominator thereafter will be subject to disqualification. Non-winning nominations do not carry forward to subsequent months. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar nomination methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, accounts or logins) or any other devices or artifices to nominate or encourage, directly or indirectly, multiple or false nominations are prohibited and suspected or detected nomination method violations may void some or all nominations submitted by that Nominator, in KSN News 3’s sole discretion. No group submissions will be accepted.
  3. Nominations must include a working daytime telephone number and valid e-mail address for the Nominator and valid contact information such as telephone number or e-mail address for the Nominee. KSN News 3 is not responsible for voice or electronic communications that are undeliverable as a result of any form of call blocking of any kind or inability to leave a voice message or passive or as to e-mail, active filtering of any kind. Nominations that fail to provide any Required Information may be disqualified without further notification to Nominators by KSN News 3. KSN News 3 is not responsible for Nomination Materials that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such corresponding nominations are void. KSN News 3 reserves the right in its sole discretion to disqualify any nomination at any time that in its opinion does not comply with these Official Rules. Nominations become the property of KSN News 3 and will not be returned or acknowledged.
  4. If you submit Nomination Materials or otherwise participate in the Contest online, the information that you provide in connection with the Contest may be used by KSN News 3 in accordance with its Privacy Policy, which is found at http://ksn.com/privacy-policy, and which may be updated from time to time. Nomination Materials submitted via the Contest Page must comply with all terms and conditions at the Contest Page (the “Website Terms”).
  5. All Nomination Materials must comply with the following “Submission Requirements:”
    1. Narratives must not exceed five hundred (500) words;
    2. Nomination Materials must be original to you (not copied, adapted, or reproduced from any other source and not in collaboration with any other person).
    3. No watermarks, signatures, or copyright notices may be added to any Nomination Materials.
    4. No identifiable individuals (other than Nominees) may be depicted in any Nomination Materials.
    5. No Nomination Materials may depict any identifiable brand names, trademarks, logos or trade names other than those belonging to Contest Parties.
    6. No content, language or images that would make any Nomination Materials inappropriate for television broadcast to a general audience may be depicted in any Narrative. No foul language, graphic or excessively violent content, or any violation of third party intellectual property rights may be depicted in any Nomination Materials.
    7. No Nomination Materials may depict any content that is inappropriate, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

 Nominator’s License & Warranty

  1. By submitting Nomination Materials, subject to any rights of Nominees therein, you expressly grant to KSN News 3 (and to those acting on KSN News 3’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the Nomination Materials) to display, reproduce, distribute, publish, perform, edit, otherwise use the Nomination Materials for advertising and promotional purposes, including the display of the Nomination Materials on KSN News 3’s website(s), Facebook and/or Twitter pages, Instagram and/or Pinterest channels and/or any other social media platforms in connection with this Contest. For clarity, KSN News 3 has the right (but not the obligation) to publish any Nomination Materials on KSN News 3’s website(s) and/or social media channels and as KSN News 3 otherwise so chooses.
  2. By submitting Nomination Materials, you warrant that (a) you are legally entitled to submit the Nomination Materials in the Contest, (b) the Nomination Materials do not infringe any third party rights, and (c) the Nomination Materials comply in all respects with the Official Rules and you agree to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.
  3. KSN News 3 may disqualify any Nomination Materials that it determines have violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, at any time, even if they have already been submitted for Judging (defined below). You agree that KSN News 3 has the sole discretion to decide whether any Nomination Materials satisfy these Official Rules and that its decisions are final.

JUDGING

  1. On or about the sixteenth (16th) day of each month during the Contest, starting on June 16, 2016, all timely and properly submitted Nomination Materials will be reviewed by a panel of qualified judges consisting of representatives of KSN News 3 and Brad Pistotnik Law Group (the “Contest Judges”), and scored based on the following selection criteria: Relevance to theme (33%), persuasiveness (33%), and demonstrated merit (34%).
  2. Subject to verification of eligibility, the Nominee whose Nomination Materials receive the highest score from the Contest Judges will be declared that month’s Honoree, for a total of twelve (12) Honorees. KSN News 3 reserves the right to select fewer than the stated number of Honorees if there are not a sufficient number of eligible and properly submitted nominations. In the event of a tie, the tied Nomination Materials will be re-judged by the Judging Panel.

HONOREE NOTIFICATION AND VERIFICATION

  1. KSN News 3 will contact each potential Honoree using the information supplied by his/her Nominator on the corresponding nomination form. Each potential Honoree must respond to initial notification within three (3) business days and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), forms and/or other legal documents and to provide such documents to KSN News 3 within five (5) business days after initial notification and as a condition of being declared Honoree. KSN News 3 in its sole discretion may allow for transmission of verification documents via fax or e-mail.
  1. In the event that any potential Honoree (a) cannot be contacted directly by, or does not respond to, KSN News 3 within three (3) business days of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the Honoree award, or (d) is otherwise determined to be ineligible, KSN News 3 in its discretion may disqualify that Nominee and the next highest scoring Nominee for the relevant month will declared the alternate Honoree as soon as reasonably practicable after such disqualification. Alternate Honorees are subject to all eligibility requirements and restrictions of these Official Rules. KSN News 3 will attempt to verify one (1) alternate Honoree for any month. If KSN News 3 cannot verify an Honoree for a particular month after one (1) alternate attempt, no further attempts will be made for that month and no Honoree will be declared for that month.
  1. KSN News 3 may, in its sole discretion, post the verified Honorees’ names on the Contest Page and/or any of KSN News 3’s websites, including http://ksn.com, and on or in any of KSN News 3’s social media pages or channels, and broadcast them on any of KSN News 3’s stations.

PUBLICITY RELEASE

  1. By accepting an award, each Honoree agrees to award KSN News 3 the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on KSN News 3’s websites), likeness, biographical information, e-mail address, voice and details of recognition and/or participation for purposes of this and future promotions without further compensation, except where prohibited.

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

  1. By submitting a nomination, accepting an award and/or otherwise participating in the Contest, you agree that KSN News 3, Brad Pistotnik Law Group, KNF, Media General, Facebook, Inc., the Contest Judges, any other company involved in the development or administration of this Contest, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “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 Nomination Materials that for any reason are not properly submitted or received by KSN News 3 by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Nominators, Nominees, Judges, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the judging of the Nomination Materials, or the announcement of the Honorees; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest; (e) are not responsible for any unauthorized third party use of any Nomination Materials; (f) are not responsible for the inability to select Honorees because of postal failure, equipment failure, or data storage failure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of nominations, the selection and/or recognition of Honorees, or otherwise in any Contest-related materials.
  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 any Honoree award. 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 Contest OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF any Honoree award OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE Contest OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Contest.
  1. By submitting a nomination, accepting an Honoree award and/or otherwise participating in the Contest, you agree to release and hold Released Parties harmless 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, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or Honoree-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of Nomination Materials during or after the Contest; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any award; and (d) any other claim or cause of action you may have against any Released Party.
  1. BY submitting a nomination, accepting an award and/or otherwise participating in THE Contest, you FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE Contest, OR ANY HONOREE AWARD, 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 Contest, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND you HEREBY WAIVE 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 ACTUAL OUT-OF-POCKET EXPENSES.
  1. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

MISCELLANEOUS

  1. KSN News 3 reserves the right to cancel, suspend or terminate this Contest, or any part thereof, in the event that KSN News 3 determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond KSN News 3’s control. In such an event, KSN News 3 will post notice of same at the Contest Page and select the Honorees in accordance with the previously described selection criteria among all non-suspect nominations received prior to the suspension, cancellation or termination of the Contest or in such other manner as KSN News 3, in its sole discretion, deems fair and appropriate under the circumstances.
  1. KSN News 3 reserves the right to disqualify any individual from further participation in the Contest if KSN News 3 concludes, in its sole discretion, that such person (a) has attempted to tamper with the nomination process or other any operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards KSN News 3 or any other Contest Party, Nominator, Nominee or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to nominate more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by KSN News 3 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 Contest MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND KSN News 3 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 Contest, including any reference to the status of any person as a “Honoree” is subject to verification and/or auditing for compliance with the Official Rules. If KSN News 3 determines, in its sole discretion, that verification or auditing activity evidences non-compliance of a nomination and/or Nominee with the Official Rules, KSN News 3 reserves the right to disqualify such nomination and/or Nominee from the Contest and any Honoree award at any time. KSN News 3 reserves the right to conduct a background check on any or all potential Honorees and to disqualify any individual based on such background check if KSN News 3 determines in its sole discretion that awarding an Honoree award to any such individual might reflect negatively on KSN News 3. Each potential Honoree agrees to cooperate with KSN News 3 and its representatives in connection with any and all verification, auditing and/or background check activities.
  1. KSN News 3 reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of Honoree awards will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Honoree awards as set forth in these Official Rules to be available and/or claimed, KSN News 3 reserves the right to select only the stated number of Honorees from among all legitimate, un-awarded, eligible Honoree claims in accordance with the previously described selection method or as it deems fair under the circumstances.

DISPUTES

  1. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Nominators, Nominees or Released Parties in connection with the Contest, shall be governed by Kansas law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Kansas.
  1. By submitting a nomination, accepting an Honoree award and/or otherwise participating in the Contest, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in Sedgwick County, Kansas, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
  1. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Contest-related materials, including but not limited to the Contest nomination forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. 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.

TRADEMARKS

  1. Facebook is not a sponsor of this Contest. 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 Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the

Honorees’ List/OFFICIAL RULES

  1. For a copy of the Official Rules or the final Honorees’ List, visit the Contest Page or http://ksn.com or mail a SASE to: Honor a Kansas Nurse c/o KSN News 3, 833 N. Main Street, Wichita, KS 67203, specifying either “Honorees’ List” or “Official Rules.” Final Honorees’ List will be available after July 19, 2017.

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