1. NO PURCHASE NECESSARY TO ENTER OR WIN. The TribLocal Readers’ High School Athlete of the Month Contest (the “Contest”) is sponsored by TribLocal, a publication of Chicago Tribune Company LLC (“TribLocal”), Illinois Bone & Joint Institute LLC and the Rizza Auto Group (“Sponsors”). Contest is only offered in the following Chicagoland municipalities: Arlington Heights, Park Ridge/Des Plaines, Northbrook/Glenview, Lake Zurich/Mundelein, Highland Park/Deerfield, Libertyville/Lake Forest, Wilmette/Winnetka, Orland Park/Homer Glen and Tinley Park/Lincoln-Way (“Contest Area”). Void outside Contest Area and where prohibited.
2. Contest is subject to all federal, state and local laws. TribLocal shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding nominations, deadlines, selection of winners, prize restrictions, and eligibility — and all of its decisions are final. By participating, voting or accepting a prize, you agree to these Official Rules.
3. Contests begin on November 28, 2013 2014 and end on May 29, 2014. Nominating period and selection of winners occurs on a rolling monthly basis. Each monthly nominating and selection period constitutes a separate promotion with a separate pool of nominees, winners and prizes. Non-winning nominees will not carry over to subsequent selection periods. TribLocal’s computer is the official time-keeping device for this Contest.
4. Nominations begin on October 31, 2013 and end on November 24, 2013 at 11:59 p.m. Central Time (“CT”). Public voting to select winners will be held from November 28, 2013 until December 17, 2013. TribLocal’s computer is the official time-keeping device for this Contest. Nine (9) winners (one per TribLocal print zone in Contest Area above) will be announced on or about December 26, 2013.
5. The following eligibility requirements apply to you if you wish to nominate someone for consideration as a contestant in the Contest (in which case you are a “Nominator”) or if you are nominated for consideration as a contestant (in which case you are a “Nominee”).
6. Nominator Eligibility: Each Nominator must be at least thirteen (13) years old as of participation date.
7. Nominee Eligibility: Each Nominee must attend, and participate in a sport at, a high school in the Contest Area as of the nomination date.
8. In addition, you are not eligible to be a Nominee or Nominator if you are an employee of TribLocal, Tribune Company, Illinois Bone & Joint Institute or Rizza Auto Group, or a member of any such employee’s immediate families (defined as spouse, parents, siblings or children) or households. The term "household" includes all persons residing together in a single residence, whether or not related.
9. Student Prize: (9) per monthly selection of winners: An editorial spotlight in applicable TribLocal zone and a plaque or certificate of recognition. Approximate Retail Value (“ARV”): $0. Student Prize has no cash value.
10. Rizza Auto Group School Prizes: (2) per monthly selection of winners: $250. ARV: $250. Each month, ending in February, Rizza Auto Group will award a cash prize of $250 to the high schools attended by the winning students in the following two (2) TribLocal zones: Orland Park/Homer Glen and Tinley Park/Lincoln Way.
11. Illinois Bone & Joint Institute School Prize: (1) per monthly selection of winners: $500. ARV: $500. In the March, April and May Challenges only, Illinois Bone & Joint will award a cash prize of $500 to the high school attended by one (1) of the nine (9) monthly winning students in one (1) of the following TribLocal zones to be selected by Illinois Bone & Joint in its discretion: Arlington Heights, Park Ridge/Des Plaines, Northbrook/Glenview, Lake Zurich/Mundelein, Highland Park/Deerfield, Libertyville/Lake Forest or Wilmette/Winnetka.
12. Nominations will be accepted beginning the first day of the nomination period at 12:01 a.m. CT and ending on the final day of the nomination period at 11:59 p.m. CT as set forth in the chart below (the “Nomination Period”). To submit a nomination, complete an official nomination form at triblocal.com/athletes (the “Contest Page”) with (a) your Nominee’s name, (b) Nominee’s sport, (c) town in which your Nominee attends high school, (d) Nominee’s grade/year in school, (e) an essay (“Essay”) that explains why your Nominee should be honored as the TribLocal Readers’ HS Athlete of the Month, (f) a statement about what is next for your Nominee, (g) (Optional) a photograph (“Photo”) of your Nominee, and (h) contact information for either your Nominee or yourself (name, e-mail address and telephone number). The Official Nomination Form, Essay and Photo are collectively referred to as the “Nomination.” Each Nomination must comply with all applicable “Submission Requirements” below.
13. This is the only nomination method; nominations will not be accepted by any other method. You may nominate yourself, in which case you are subject to eligibility requirements as both a Nominator and a Nominee. All Nominations must be received in their entirety by TribLocal no later than the final nomination period at 11:59 p.m. CT. Proof of sending is not proof of receipt by TribLocal. TribLocal will not accept screen shots as proof of nomination.
14. Any Nominator may nominate more than one (1) Nominee during any Nomination Period. 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 Nominations submitted by that Nominator.
15. Each Nomination must include a valid e-mail address for the Nominator. TribLocal is 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 Nominator based on an e-mail address, the Nomination will be deemed made by the “Authorized Account Holder” of the e-mail address used for nomination. 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.
16. Nominators who fail to provide any required information (and their corresponding Nominees) may be disqualified without further notification by TribLocal. TribLocal is not responsible for Nominations that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such Nominations are void. TribLocal is not responsible for any inability to contact any potential winner as the result of inaccurate, outdated, disconnected, interrupted or otherwise unavailable contact information. TribLocal 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 TribLocal and will not be returned or acknowledged.
18. Each Nominator warrants that (a) he or she is legally entitled to upload the Photo and the Essay in the Contest and does not infringe any third party rights; and (b) the Photo and Nomination comply with the Official Rules and Website Terms. Each Nominator agrees to indemnify and hold harmless Sponsors, their respective parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, 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 the Nominator of these Official Rules or the warranties and/or representations made by Nominator pursuant to these Official Rules.
19. Each Nomination must satisfy all of the following Submission Requirements:
b. Your Essay must be original to and written only by you. Your Photo must be original to you and you must either own all rights to the Photo or otherwise have the right to include it in your Nomination.
c. Essays and Photos may not contain any watermark, signature, or copyright notice.
d. Your Nomination must be truthful, non-defamatory, and otherwise appropriate for publication, must not reference any identifiable trademark, logo or trade name, and must not describe or depict any obscene, provocative or otherwise inappropriate content or invade any person’s privacy or other rights.
20. If TribLocal determines, in its sole discretion and at any time during the Contest, that any Nomination (or part thereof) violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or otherwise violates these Official Rules, TribLocal reserves the right to remove and disqualify the Nomination, even if the Nomination has already been submitted for Public Voting. TribLocal retains sole discretion as to whether any Nomination satisfies the Submission Requirements and the Official Rules and its decisions are final.
Warranty/Indemnification by Nominator
21. By submitting a Nomination, each Nominator warrants that (a) the Nomination is original to and was created solely by the Nominator and has not been copied, in whole or in part, from a copyrighted or proprietary work belonging to someone else, (b) the Nomination does not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties, (c) Nominator is legally entitled to submit the Nomination in the Contest; (d) the distribution, reproduction, display and any other uses of any part of the Nomination by TribLocal as permitted herein will not infringe any third party rights, including those of any person who is mentioned or depicted therein; and (e) the Nomination complies in all respects with these Official Rules, including the Submission Guidelines and Website Terms. Each Nominator further agrees to indemnify and hold Sponsors, their respective parent companies and subsidiaries, and the officers, directors, employees and affiliated organizations of all of these, 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 Nominator of such warranties or representations made by Nominator.
22. By submitting a Nomination, Nominator grants to TribLocal (and to those acting on TribLocal’s behalf) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to the Nomination) to display or otherwise use the Nomination on the Contest Site and any related sites in connection with this Contest.
SELECTION OF WINNERS
23. The Public Voting Period will begin on the start date of the Voting Period at 9:00 a.m. CT and end on the final date of the Voting Period at 12:00 p.m. (noon) CT. During the Public Voting Period, any Contest Site visitors (including Nominees) (each a “Voter”) may view and vote for their favorite Nominee. All Voters must register at triblocal.com/athletes if they have not done so previously. Registration is free.
24. Each Voter is limited to one (1) vote per Public Voting Period. The use of automated devices for voting is not permitted and will result in the disqualification of all votes received through that method and/or from that Voter. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents, vote exchange websites, vote “farming” or other method to vote or unfairly increase votes, as determined by TribLocal in its sole discretion, are prohibited and will void all votes submitted by that Voter. Moreover, in the event that TribLocal concludes, in its sole discretion, that any Nominee has colluded with such Voter or has participated in or actively encouraged such activity, whether directly or indirectly, TribLocal may disqualify that Nominee from further participation in the Contest and or eligibility for any prize.
25. At the conclusion of the Public Voting Period, the voting results will be tabulated by TribLocal. Subject to verification of eligibility, the Nominee in each of the nine (9) TribLocal zones above who receives the highest number of votes during the Public Voting Period will be declared the winner. In the event of a tie, the Public Voting Period will be extended for successive twenty-four (24) hour periods as needed to break the tie. TribLocal shall announce any such tie at triblocal.com/athletes and through no other method. TribLocal’s decisions shall be considered final and binding in all results.
26. TribLocal will contact each potential winner’s School Athletic Department in accordance with the information previously supplied to TribLocal.
27. TribLocal will announce the monthly set of winners on or about the Announcement Date and TribLocal may, in its sole discretion, post the verified winners' names on the Contest Page and/or any of TribLocal’s websites, including www.triblocal.com.
28. By accepting a prize, each winner (and his or her Nominator) agrees to award TribLocal and the prize provider the right to publicize his or her name, photographs (including the use and appearance of winner's photograph on TribLocal’s 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
29. By participating or voting in the Contest, you agree that Sponsors, Tribune Company, any other company involved in the development or administration of this Contest, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, prize suppliers, 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 Nominations that for any reason are not received by TribLocal by the deadlines stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by Nominators, Voters, 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, voting or tabulation of votes, or in the announcement of winners or prizes; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation or voting 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 printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of Nominations, the accepting or processing of votes, the selection of winners, the prizes or otherwise in any Contest-related materials; (f) are not responsible for any unauthorized third party use of any Nomination or part thereof; (g) are not responsible for the inability to select Nominees or 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 or voting in the Contest (in whole or in part), the use (including modification, adaptation, and reproduction) of any Nomination materials (in whole or in part) during or after the Contest, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
30. 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 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 CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS NOMINATION OR PARTICIPATION, AWARD OF ANY PRIZE 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. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR NOMINATION, PARTICIPATION OR VOTING IN, OR YOUR INABILITY TO BE NOMINATED OR PARTICIPATE OR VOTE IN, THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
31. BY PARTICIPATING OR VOTING IN THE CONTEST AND/OR BY 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 ANY PRIZE, PARTICIPATION IN ANY CONTEST-RELATED OR PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY NOMINATION (INCLUDING ANY PHOTO OR ESSAY), PARTICIPATION OR VOTING IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
32. 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.
33. 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 Contest.
34. TribLocal reserves the right to cancel, suspend or terminate this Contest or any part thereof, in the event that TribLocal 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 TribLocal’s control. In such an event, TribLocal will post notice of same at the Contest Page and select the winners from among all non-suspect Nominations received prior to the suspension, cancellation or termination of the Contest in accordance with the previously described selection criteria or in such other manner as TribLocal, in its sole discretion, deems fair and appropriate under the circumstances.
35. TribLocal reserves the right to disqualify any individual from further participation in the Contest if TribLocal concludes, in its sole discretion, that such person (a) has attempted to tamper with the nomination or voting process or other operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards any Sponsor or any other Nominator or Nominee in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to submit more than the number of Nominations or votes permitted herein, including through the use of any prohibited device or method. Any failure by TribLocal to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
36. 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 TRIBLOCAL 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.
37. All activity arising out of and relating to the Contest, including any reference to a Nominee’s status as a "winner," is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with TribLocal concerning such verification and/or auditing. If TribLocal determines, in its sole discretion, that verification or auditing activity evidences non-compliance of a Nomination, Nominator and/or Nominee with the Official Rules, TribLocal reserves the right to disqualify such Nomination, Nominator and/or Nominee from the Contest and any further participation or prize at any time.
38. TribLocal 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, TribLocal reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
39. By participating or voting in the Contest, whether as a Nominator, Nominee, Voter or otherwise, you agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, 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 the direct costs associated with your Contest participation, 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 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.
40. 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 the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
41. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Nominators, Nominees, Voters, or Released Parties in connection with the Contest, shall be governed by Illinois law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Illinois.
42. By participating or voting in the Contest, whether as a Nominator, Nominee, Voter or otherwise, you expressly agree 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 Cook County, Illinois, and entrants consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
43. 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.
WINNERS' LIST/OFFICIAL RULES
44. For a copy of the Official Rules or the final Winners' List, visit the Contest Page or www.triblocal.com or mail a SASE to: TribLocal Readers’ High School Athlete of the Month Contest (specifying the month) c/o TribLocal, 435 N. Michigan Avenue, Chicago, Illinois 60611, specifying either “Winners' List” or “Official Rules Request.” Winners' List will be available after the Announcement Date for each Monthly Challenge.