Below are the general material Terms and Rules for BYU Broadcasting's BYUtv Sports Trivia Twitter contests (each, a "Contest") conducted on True Blue and other BYUtv Sports programming (each, a "Program"):
- Each Qualified Participant (as such term is defined Section 3) is allowed, at most, one (1) entry into each Contest by tweeting using the Twitter hashtag #byutvsports a single answer to the Contest trivia question announced during the respective Program.
- In the event a Qualified Participant attempts to provide multiple entries into a single Contest, BYU Broadcasting ("BYUB") will consider only the first entry from such Qualified Participant; provided that, should a Qualified Participant be found by BYUB, at its sole discretion, to be intentionally violating Section 1(a) or other Terms and Rules of this Contest, BYUB reserves the right, in its sole discretion, to: (i) deny any and all Contest entry(ies) provided by the Qualified Participant, even if an entry is selected as a winning entry; and/or (ii) disqualify the Qualified Participant from future Contests.
- Participation Window. The beginning of the participation window for each Contest will be announced on-air during the respective Program. Each Contest will terminate at the earlier of: (i) immediately following receipt by BYUB of a correct entry from two (2) Qualified Participants and confirmation of the identities of the same per Section 5(b); or (ii) the beginning of the broadcast of the next Program in the Series (generally a week later).
- Qualified Participant. A Qualified Participant must be at least eighteen (18) years of age as of the beginning of the participation window for the Contest and be a legal resident of the contiguous United States (excludes AK, HI, AS, GU, MP, PR, VI). At the time of each Contest, no current employee or contractor of BYUB or his/her immediate family members (i.e., parent, child, spouse, legal guardian or sibling) shall be eligible to be a Qualified Participant and/or participate in such Contest. All applicable federal, state and local laws and regulations apply. The Contest is void where prohibited or restricted.
- Prize. The prize(s) for each Contest will be described on-air during the respective Program.
- The Qualified Participant submitting the first correct entry, as received and determined by BYUB, within the participation window will have his/her choice of the prizes announced for the Contest. The Qualified Participant submitting the second correct entry, as received and determined by BYUB, within the participation window will be the winner of the remaining prize.
- A BYUB representative will contact each prize winner via Twitter and/or email during the participation window to confirm the identity and availability of the Qualified Participant to receive the prize. If the winner does not respond within forty-eight (48) hours of initial contact, the winner forfeits all rights to the prize, and BYUB shall have the right, in its sole discretion, to select another Qualified Participant to win the prize. The Contest winner(s) will be announced, if known, to the public during the broadcast of the next Program in the Series (generally a week later).
- Prizes are non-transferable. Contest winners may not request substitution or other consideration from the originally awarded prize. If a Contest winner has the option to select from two or more prizes, once such selection is made, it shall be final.
- By participating in the Contest, each Contest winner (i) consents to BYUB???s usage of his/her name, image, audio material and/or other content submission, and/or likeness for promotional purposes without further requests for permission of use, or compensation of any kind; and (ii) warrants that any submitted material does not infringe or violate any right of a third party, including copyrights. Each Contest winner may, at BYUB???s sole discretion, be further required to sign a general release waiver prior to receiving the prize.
- Delivery of the Prize. It is the responsibility of each Contest winner to claim his/her prize during normal business hours at BYUB's business offices located at BYU Broadcasting, Brigham Young University, Provo, Utah 84602. Any Prize not claimed within ten (10) days following selection of the winner shall be forfeited by the winner and become the property of BYUB. A Contest winner living outside a 30-mile radius of BYUB???s offices may request to have his/her prize mailed to him/her via first class mail to his/her address within the United States, and such Contest winner shall be responsible for delivery costs incurred with delivery of the prize; provided, however, that BYUB, at its sole discretion, may waive such delivery costs on a case-by-case basis. BYUB shall not be responsible for any delays, damage in the delivery of any prize, and/or loss of any prize in connection with delivery of the prize via mail.
- BYUB assumes no responsibility for electronic hardware, programming or software malfunctions, or failures, or line connections, accessibility or availability, or technical failures of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of any entry, email or other information, or for the failure to capture any such information, including those that may decrease or increase the chances of winning or participating in the Contest. Due to Internet delays and/or other technical issues, what you hear on BYUtv or online may be delayed or not functional or malfunctioning during certain times. These events may cause you difficulty in participating in the Contest.
- BYUB reserves the right to revoke a prize if the winner does not meet any or all eligibility requirements, even though an announcement may have been made indicating that such individual was a winner. BYUB may, due to the unavailability of a prize, award or substitute other prize(s) of like value for the prize.
- BYUB shall not be responsible, or held liable, for any prize awarded in connection with the Contest that is subject to, but not limited to, cancellation, postponement, or delay. BYUB shall not be liable or responsible for the Contest winner???s travel or other accommodations to claim the Prize and/or to participate in any aspect of the Prize, and Contest winner agrees that it will be solely responsible for such travel or other accommodations. With regards to any dispute(s) regarding the Contest, the decision of BYUB with respect to such dispute(s) will be final. These Terms and Rules are subject to change without notice. In the event of any discrepancy between these Terms and Rules and any Contest terms or rules announced on-air, the terms and rules announced on-air shall prevail.
- By participating in the Contest, each participant: acknowledges that the Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.; completely releases Twitter, Inc., from any liability or cause of action arising out of or related to the Contest; and acknowledges that any disclosure or information provided by the participant in connection with the Contest is to BYUB and not to Twitter, Inc.
- Taxes. Any valuation of the prize(s) will be based on available information, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. All local, state and federal taxes are the sole responsibility of the Contest winner(s). If BYUB, over the course of the calendar year, believes that the total taxable value of any prize(s) won by a Qualified Participant is equal to or greater than Six Hundred Dollars ($600), then BYUB shall issue an Internal Revenue Service Form 1099-MISC to such individual. Each Contest winner shall be responsible for reporting all prize values to the appropriate authorities and submitting to BYUB a completed IRS Form W-9 (or equivalent) upon request by BYUB.
Compliance with the Communications Act of 1934 & FCC Rules
The above-described Contest and the posting of Terms and Rules is BYUB???s good faith effort to comply with the statutory provision regarding contests as set forth at Section 508 of the Communications Act of 1934, as amended (the ???Act???) and the requirements of the Federal Communications Commission (the ???Commission???) governing the broadcast of licensee-conducted contests set forth in Section 73.1216 of the Commission's rules (i.e., 47 C.F.R. ??73.1216). These rules require that a licensee that broadcasts or advertises information about a contest that it conducts shall fully and accurately disclose the material terms of the contest, and shall conduct the contest substantially as announced or advertised. No contest description shall be false, misleading or deceptive with respect to any material term.
For purposes of 47 C.F.R. ??73.1216, the term "contest" is defined as a scheme in which a prize is offered or awarded, based upon chance, diligence, knowledge or skill, to members of the public. ???Material terms??? include those factors which define the operation of the contest and which affect participation therein. Although the material terms may vary widely depending upon the exact nature of the contest, they will generally include: (1) how to enter or participate; (2) eligibility restrictions; (3) entry deadline dates; (4) whether prizes can be won; (5) when prizes can be won; (6) the extent, nature, and value of the prizes; (7) the basis for valuation of prizes; (8) time and means of selection of winners; and/or (9) tie-breaking procedures.