Vala's Pumpkin Patch Family Fun Giveaway on Lincoln's Own ABC KLKN
1. NO PURCHASE NECESSARY TO ENTER OR WIN. Vala’s Pumpkin Patch Family Fun Giveaway on Lincoln’s Own ABC KLKN (the “Promotion”) is sponsored by Vala’s Pumpkin Patch and KLKN Lincoln Operations LLC (“Sponsors”). The Promotion is offered only within the KLKN viewing area inside the state of Nebraska (“Promotion Area”). Void outside Promotion Area and where prohibited.
2. The Promotion is subject to all federal, state and local laws. Sponsors shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding eligibility, entries, deadlines, winner selection, and prize restrictions — and all of its decisions are final. By entering, entrants agree to these Official Rules.
3. The Promotion begins on September 25, 2020 and ends on October 22, 2020. Entry deadlines are set forth in the table below. Drawings to determine winners will be held on or about the dates set forth in the table below. Sponsors’ computer is the official time-keeping device for this Promotion.
|PRIZE||DRAWING DATE||ENTRY DEADLINE|
|Weekly Prize||September 28, 2020||Noon CT on September 28, 2020|
|Weekly Prize||October 1, 2020||Noon CT on October 1, 2020|
|Weekly Prize||October 8, 2020||Noon CT on October 8, 2020|
|Weekly Prize||October 15, 2020||Noon CT on October 15, 2020|
|Grand Prize||October 22, 2020||Noon CT on October 22, 2020|
4. To be eligible, each entrant must be 18 years of age or older and a legal resident of the Promotion Area (above) as of the entry date.
5. Employees of any Sponsor 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. The term "household" includes all persons residing together in a single residence, whether or not related.
6. One (1) winner per household.
7. The odds of winning depend upon the number of entries for each drawing.
8. Use of tickets is subject to all rules and restrictions of Vala’s Pumpkin Patch. Sponsors will not be responsible for weather, acts of God, acts of terrorism, civil disturbances, strike, work stoppage, pandemic or any other natural disaster outside of their control that may cause Vala’s Pumpkin Patch to close on any given day, and the terms and conditions of the tickets will govern in such event. Sponsors will not replace lost, stolen or damaged prize tickets or similar items once they are in possession of any winner.
9. All prize details shall be at Sponsors’ sole discretion. Each winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any other taxes, fees, surcharges, lodging, meals, beverages, upgrades, parking, transportation, tips, gratuities, parking, souvenirs, concessions, travel expenses of any kind and incidentals.
10. Prize(s) are not redeemable for cash, may not be sold, bartered or auctioned, and are not transferrable and may not be substituted except that Sponsors their 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.
11. Any portion of any prize not used by any winner is forfeited and no cash substitute will be offered or permitted. Prize(s) are provided “as is” with no warranty or guarantee, express or implied, by Sponsors.
12. Entries will be accepted beginning September 25, 2020 at 12:01 a.m. CT and ending October 22, 2020 at Noon CT. Entries for a drawing must be submitted prior to the relevant Entry Deadlines set forth in the table above. An eligible entry submitted ahead of an Entry Deadline that does not win shall remain eligible for subsequent drawings. Winners will not be eligible for subsequent drawings. To enter, complete an official entry form at https://klkntv.com/valaspumpkinpatch/ (the “Promotion Page”) with all required information, which may include your full name, mailing address, phone number, e-mail address and age or date of birth. Entries will not be accepted through other method. Proof of sending is not proof of receipt by Sponsor. Sponsors will not accept screen shots as proof of entry.
13. Only one entry per unique email address. Duplicates will be removed from the drawing. 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 or multiple or different e-mail addresses, identities, registrations or logins) are prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
14. Entries must include a valid e-mail address for the entrant. Sponsors are not responsible for electronic communications 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 entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain.
15. Entrants who fail to provide any required information may be disqualified without further notification by Sponsors. Sponsors are not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. Sponsors reserve the right in their sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of Sponsor and will not be returned or acknowledged.
17. Weekly Prize There will be a total of four (4) weekly prizes (one weekly prize each week). Each weekly prize will consist of four (4) passes to Vala's Pumpkin Patch, to be used during 2020-21 season, which runs from September 19, 2020 through November 1st, 2020. The approximate value of the weekly prize is $104. Taxes are not included in the prize value.
18. Grand Prize There will be one (1) grand prize winner awarded during the last week of the contest. The Grand Prize is a Vala's Pumpkin Patch Party, which includes 20 Vala's Adventure Passes and 20 food coupons. One Adventure Pass includes 1 admission, 1 train ride ticket, paintball coupon for 30 shots, and $2.50 off a pumpkin coupon to be used during the 2020-21 season. The approximate value of the Grand Prize is $599. Taxes are not included in the grand prize value.
WINNER SELECTION, NOTIFICATION AND VERIFICATION
19. On each drawing date, or within a reasonable time thereafter, Sponsors or their designee will randomly choose one (1) name from all timely entries received. Subject to verification of eligibility, the person(s) whose name(s) is selected will be declared the winner(s).
20. Sponsor will contact each potential winner in accordance with the information supplied to Sponsor on his or her Official Entry Form. Each winner must respond to initial notification within five (5) days and 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 Sponsor no later than two (2) days after initial notification. Winners will receive their prizes via the U.S. mail.
21. In the event that any potential winner (a) cannot be contacted directly by, or does not respond to, Sponsor within five (5) days of 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, Sponsor in its discretion may disqualify that individual and award the prize to a randomly selected alternative winner from all timely entries received.
22. Sponsors may, in its sole discretion, post the name(s) of verified winner(s) on the Promotion Page and/or any of Sponsors’ websites, including www.klkntv.com.
23. By accepting a prize, each winner agrees to award Sponsors the right to publicize his or her name, photographs (including the use and appearance of winner's photograph on Sponsors’ websites), 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
24. Entrants agree that Sponsors, Standard Media Group LLC, any prize suppliers, any other company involved in the development or administration of this Promotion, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons (collectively, “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 Sponsors 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 prizes; (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 winners, the prizes 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 winners 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.
25. 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 ANY 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.
26. 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.
27. 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.
28. 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.
29. Sponsors reserve the right to cancel, suspend or terminate this Promotion or any part thereof, in the event that Sponsor 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 any other cause beyond Sponsors’ control. In such an event, Sponsors will post notice of same at the Promotion Page and select the winner(s) 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 Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
30. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor 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 any other entrant 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 Sponsors to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
31. 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 SPONSOR 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.
32. 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 Sponsor concerning such verification and/or auditing. If Sponsors determine, in their sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, Sponsors reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time.
33. Sponsors reserves the right to correct typographical, printing 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, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
34. 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 prizes 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.
35. 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 Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
36. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Sponsors in connection with the Promotion, shall be governed by the law of Nebraska, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Nebraska.
37. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Lincoln, Nebraska, and entrants consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
38. 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
39. For a copy of the Official Rules or the final Winner’s List, visit the Promotion Page, or mail a self-addressed stamped envelope to: Vala's Pumpkin Patch Family Fun Giveaway, c/o KLKN-TV, 3240 South Tenth Street, Lincoln, Nebraska 68502, specifying either “Winner’s List” or “Official Rules Request.” Winner’s List will be available after approximately thirty (30) days following the final drawing.