KTTS FEATURED PHOTO OF THE WEEK
TERMS AND CONDITIONS
These Terms and Conditions (the “Terms”) govern the KTTS Featured Photo of the Week (“Promotion”). The Promotion is divided into weekly periods, and each weekly period will begin at 12:00:01 a.m. CT Monday and will last through 11:59:59 p.m. CT on the following Sunday. The Promotion will continue until Scripps Media, Inc., d/b/a 94.7 Today’s KTTS (the “Promoter”) announces the termination of the Promotion.
The Promotion is open to all legal residents of the United States and the District of Columbia who are 18 years of age or older at the time of participation. Employees of Promoter, its corporate parent, subsidiary, and affiliated entities, its advertising agencies, participating sponsors/promotional partners, other broadcasting stations in the Springfield, Missouri metropolitan area, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate. Void where prohibited.
To participate, submit a photo of a breaking news event, weather activity, entertainment event, or another event (the “Photo”). The Photo should bear some relation to activities in the Springfield area. To submit the Photo on Facebook, go to https://www.facebook.com/947kttsfm or https://www.facebook.com/KTTSNews and post on the station’s wall with your full name and hometown in the post.
Each Photo must satisfy all of the following submission requirements (the “Submission Requirements”):
* The Photo must be the original creation of participant.
* Participant must either own all rights to the Photo, including but not limited to copyright.
* If the Photo is of an entertainment or other event, the Photo must not show the entertainer or other performer.
* The Photo must not portray any dangerous activity, and participant must not engage in any dangerous activity (to participant or others) when taking the Photo.
* The Photo must not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.
* The Photo must not violate or infringe in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity.
* The Photo must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
* The Photo must be non-defamatory and must not invade any third party’s right of privacy or publicity.
* The Photo must not include personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references.
* The Photo must otherwise be appropriate for publication or broadcast or display on a general interest website.
By submitting a Photo, each participant represents and warrants that the Photo meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Photo by Promoter as permitted herein will not infringe any third party rights, including the right of publicity of any individual portrayed in the Photo. Each participant further agrees 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 such participant of such warranties or representations made by participant or of these Terms. By submitting a Photo, participant automatically grants to Promoter a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish the Photo (in whole or in part) as Promoter, in its sole discretion, deems appropriate including, without limitation, (i) to display or otherwise use the Photo in connection with this Promotion, on Promoter’s websites and social media pages, and as set forth herein (ii) in connection with Promoter’s and/or Promotion sponsor’s business; and (iii) in connection with the businesses of Promoter’s successors, parents, subsidiaries, and their related companies. Promoter may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Photo. By submitting a Photo, participant also grants Promoter the right, but not the obligation to use Participant’s biographical information including, without limitation, participant’s name and geographical location in connection with broadcast, print, online, or other use or publication of the Photo. Notwithstanding the foregoing, participant waives any and all claims participant may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the Photo. Promoter reserves the right to display advertisements in connection with the Photo and to use the Photo for advertising and promotional purposes.
If Promoter determines, in its sole discretion and at any time during the Promotion, that any Photo violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Terms, Promoter reserves the right to remove and disqualify the Photo. Promoter retains sole discretion as to whether any Photo satisfies the Submission Requirements and the Terms.
This Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. By submission of a Photo, an entrant releases Facebook from any responsibility or liability for the Promotion, the Promotion’s administration, prizes, or promotion.
Each week, Promoter will select one Featured Photo of the Week based upon newsworthiness, quality of Photo, and subject of the Photo. There is no prize for being selected at the Featured Photo of the Week—selected Photos may be featured on Promoter’s website or social media channels or on other properties owned by Scripps Media, including on air.
Participating in the Promotion constitutes each participant’s permission for the Promoter or its agents to use his or her name, city, state, voice, or likeness, and any statements made by him or her regarding the Promotion or Promoter for purposes of trade, publicity or promotion without additional financial or other compensation.
By participating, each participant agrees not to sue and to release, discharge, indemnify, hold harmless, and absolve the Promoter, its sponsors and promotional partners, its advertising and promotion agencies, Facebook and each of their respective parent, subsidiary and affiliated entities and the officers, shareholders, directors, employees, agents, and representatives and the successors and assigns of each of them (the “Released Parties”) from and against any and all claims, demands, actions, suits,
losses, expenses, costs, damages, and liabilities including, without limitation, interest, penalties, court costs and reasonable attorneys’ fees and expenses arising directly or indirectly from participation in the Promotion, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery.
Promoter, in its sole discretion, reserves the right to disqualify any participant (and all of their entries) from this Promotion if he or she tampers with the entry process, the operation of the Promotion, or the operation of Promoter’s web channel or is otherwise in violation of the Official Rules or direction of Promoter. Promoter further reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the Promotion, or any part of it, if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond the Promoter’s control, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by Promoter in is sole discretion. Promoter’s failure to enforce any term of these Official Rules will not constitute a waiver of this provision.