Beyond Van Gogh Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING.
ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE ENTRY FORM AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE SWEEPSTAKES. DISQUALIFICATION IS IN THE SOLE DISCRETION OF SPONSORS (defined below).
Sponsors will conduct the Beyond Van Gogh Contest (“Sweepstakes”) in accordance with these Official Rules (“Rules”). Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to, and acceptance of, these Rules. The Sweepstakes is intended for participation in the United States only and is void where prohibited and outside the Sweepstakes Area set forth below. Do not participate if you are not eligible and located in the United States at the time of entry.
1. Eligibility: Entrants must be US residents, at least 18 years old or above, as determined by Sponsors and reside in the Davenport, IA – Moline, IL – Rock Island, IL Designated Market Area as defined by The Nielsen Company (the “Sweepstakes Area”). The Sweepstakes Area includes 17 counties in Iowa and Illinois. In Illinois – Jo Daviess, Carroll, Whiteside, Bureau, Henry, Rock Island, Mercer, Knox, Henderson, Warren and Knox. In Iowa – Jackson, Clinton, Scott, Muscatine, Louisa, Des Moines, and Henry. Employees of WQAD, employees of Beyond Van Gogh, employees of other television or radio stations, and members of the immediate families of such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sweepstakes Period: The Sweepstakes begins on Tuesday, May 16, 2023 and ends Sunday, June 4th at 11:59 p.m. (the “Sweepstakes Period”).
3. Sweepstakes Entry: To enter, accurately complete the entry form available on WQAD.com
Limit one entry per email address. Entries in excess of this limit are not eligible. All received entries become the property of WQAD and will not be returned. Entrants may also be given the option to opt in to receiving additional information from WQAD. Incomplete entries will be disqualified. Multiple daily entries by means of software-generated or other automated processes will be disregarded. Detection of said automated entry will lead to such entries being voided in Sponsors’ sole discretion. Only one registered account per entry. If multiple accounts are detected for a single entrant, the accounts will be voided and the entries will be disqualified in Sponsors’ sole discretion. If there is a dispute as to any entry, the authorized account holder of the email address or account used to register or enter online will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. WQAD reserves the right to use any and all information related to the Sweepstakes, including information on entrants obtained through the Sweepstakes, for marketing purposes or any other purpose, unless prohibited by law. WQAD reserves the right to contact entrants and all other individuals whose email address is submitted as part of this Sweepstakes in connection with the Sweepstakes.
4. Winner Selection: Three winners will be randomly selected from eligible entries. Odds of winning will depend on the number of eligible entries received.
Winners will be selected on or about Monday, June 5, 2023.
5. Winner Notifications: Sponsors will attempt to notify winners by email on or about the drawing date. Winners must have a valid email address where they can be notified. If a winner: (a) is not in compliance with the Rules, (b) does not respond within 48 hours of initial contact attempt, (c) does not sign and return any required documents or provide required identification to Sponsors by deadlines set by Sponsors, or (d) does not meet the eligibility requirements, Sponsors may elect to either not award the prize at all or award the prize to another winner by randomly selecting another entrant from the remaining pool of eligible entries for that drawing, time permitting. If Sponsors cannot find an eligible winner for the prize, that prize will not be awarded. All results are unofficial until winners are verified.
4 tickets to attend Beyond Van Gogh: The Immersive Experience at the River Center in Davenport.
7. Prize Acceptance/Restrictions: Only one winner per household. Winners are subject to verification by Sponsors of the winner’s name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00). Prizes cannot be redeemed for cash or substituted for any other items by any winner. Prizes are non-assignable and non- transferrable. Sponsors reserve the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason. All properly claimed prizes will be awarded, but in no event will Sponsors award more prizes than are provided for in these Rules.
8. Publicity Release: By participating in the Sweepstakes, each entrant acknowledges that his/her entry in the Sweepstakes constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY RESULT IN DISQUALIFICATION.
9. Taxes: The value of any prize awarded to a winner may be reported for tax purposes as required by law. All taxes, including federal, state, and local taxes, are the sole responsibility of the winner. Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsors at the end of the calendar year and a copy of such form should be filed with the IRS. Each winner must provide Sponsors with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded. Sponsors will have the right, but not the obligation, to require any winner to complete and submit an IRS form W- Sponsors reserve the right to withhold prizes until the completed W-9 form is received.
10. Conditions: Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the online portion of this Sweepstakes or to disqualify any individual implicated in any of the following actions, if for any reason: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsors’ sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Sweepstakes becomes corrupted due to interruption in wireless calling devices or wireless service for any reason, or (d) the Sweepstakes is otherwise not capable of running as planned. By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges, which are final on all matters pertaining to the Sweepstakes. Any entrant who attempts to tamper with this Sweepstakes in any way or use fraudulent means to participate in and/or win the Sweepstakes will be disqualified. Sponsors reserve the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Sponsors and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays in the Sweepstakes. Other than the prizes received by the winners, no entrant will be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Sweepstakes. Sponsors will have the sole discretion to administer the Sweepstakes and interpret and apply the Rules. This Sweepstakes is not intended for gambling. If Sponsors determine that an entrant is using the Sweepstakes for gambling purposes, such entrant may be disqualified and reported to the authorities. Neither the failure of Sponsors to insist upon or enforce strict performance of any provision of these Rules nor the failure, delay or omission by Sponsors in exercising any right with respect to any term of these Rules, will be construed as a waiver or relinquishment to any extent of Sponsors’ right to assert or rely upon any such provision or right in that or any other instance. If there is any conflict between any term of these Rules and any marketing or entry materials used in connection with the Sweepstakes, the terms of these Rules will govern.
11. Indemnification/Hold Harmless: In consideration for his or her participation in the Sweepstakes, each entrant agrees: (a) to release, discharge, and hold harmless WQAD, Sponsors, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, and all of their officers, directors, employees, representatives, and agents (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, delivery, possession, misuse or use of a prize or from participation in and/or entry into or creation of an entry for the Sweepstakes and/or the broadcast or exploitation or use of entry or any other Sweepstakes-related activity; and (b) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize.
12. Limitation of Liability: The Released Parties are not responsible or liable for: (a) any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Sweepstakes or in the announcement of the prize(s), (b) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (c) failure of any entry to be received by Sponsors due to technical problems, telephone service problems, human error, or wireless calling service, (d) mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Sweepstakes, (e) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (f) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (g) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (h) entries that are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (i) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant. Any expenses incurred by the entrant during the entry process are the sole responsibility of each entrant and the Sponsors will not issue reimbursement for any expenses.
UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES.
13. Dispute Resolution: By entering the Sweepstakes, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes 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. All entrants agree, by participation in the Sweepstakes, to submit to the personal jurisdiction of the courts of Illinois. Illinois law will govern this Sweepstakes, without regard Illinois’ choice of law rules. The courts of Illinois will be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.
14. Official Rules: To request a copy of the Rules, send a self-addressed stamped envelope to WQAD News 8, located at 3003 Park 16th Street, Moline, IL 61265 by March 23, 2023 Written copies of these Rules are also available during normal business hours (Monday – Friday, between 8:00 a.m. – 5:00 p.m.) at WQAD’s business offices or online at www.wqad.com.
15. Names of Winners: For a list of prize winners, send a separate, self-addressed, stamped envelope to WQAD News 8, located at 3003 Park 16th Street, Moline, IL 61265, or appear in person at that location between normal business hours (Monday – Friday, between 8:00 a.m. – 5:00 p.m.) after June 4, 2023. Requests for winner’s lists must be received by August 31, 2023.
16. Rights Reserved: The content, information, data, designs and code associated with the Sweepstakes and Sweepstakes website are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsors. This Sweepstakes, and all Sweepstakes material, is © 2023. All rights reserved.
WQAD, 3003 Park 16th Street, Moline, IL 61265