Apple A Day Giveaway Contest Rules
Apple A Day Giveaway Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING.
- Eligibility: Entrants must be legal US residents, at least 18 years old and reside in the Ames/Des Moines Designated Market Area (the “DMA”) as defined by The Nielsen Company, which includes the following Iowa counties Adair, Adams, Appanoose, Audubon, Boone, Calhoun, Carroll, Clark, Dallas, Decatur, Guthrie, Greene, Hamilton, Hardin, Humboldt, Franklin, Jasper, Kossuth, Lucas, Madison, Mahaska, Marion, Marshall, Monroe, Pocahontas, Polk, Powieshiek, Ringgold, Story, Taylor, Union, Warren, Wayne, Webster, and Wright. Void where prohibited and outside the Ames/Des Moines DMA.
Employees of WHO-HD (the “Sponsor”), Nexstar Media Company, the Sweepstakes’ participating sponsors, promotional agencies and their advertising agencies, 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.
- Sweepstakes Period: The Sweepstakes begins Thursday, October 31, 2019 at 4:30 AM CT and ends Wednesday, November 27, 2019 at 9:00 PM CT (the “Sweepstakes Period”).
- Sweepstakes Entry: To enter the Sweepstakes, you will need the daily clue word (the “Clue”). There are two ways to get the Clue and enter. First, watch Today in Iowa on WHO-HD Channel 13 weekday mornings throughout the Sweepstakes Period from 4:30 AM CT to 7:00 AM to CT. Approximately every half-hour during the program, Sponsor will announce or display the Clue. These are the only times the Clue is broadcast. Once you have the Clue, click on the “Contests” tab at WHOtv.com and then click the “Apple A Day Giveaway” graphic. Successfully log in to the contest application (or create a new registration if you’re a new user), update any dated registration information if prompted and enter the correct Clue for that day. The entry form requires the following information: name, age, address, city, zip code, county, telephone number, and email address. Sponsor reserves the right to delay the announcement of the Clue or not announce the Clue if breaking news or other unanticipated events prevent the Clue announcement from occurring as scheduled. If such changes occur, they will be posted on the Sweepstakes page. Entrants are required to become registered users of the website (registration is free). 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 Sponsor’s sole discretion. If there is a dispute as to any registration, the authorized account holder of the email address or account used to register 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.
The Clue is also available as part of a story on the WHO-HD Instagram account, and new Clues will be released via Instagram at or around 7 a.m. CT each weekday during the Sweepstakes Period. Once you find the Sweepstakes story and the Clue, you will be instructed to “Swipe Up to Enter.” Once you “Swipe Up,” you will be directed to a web page to enter. The entry form requires the following information: name, age, address, city, zip code, county, telephone number, and email address. If there is a dispute as to the identity of an Instagram entrant, the authorized account holder of the Instagram account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an account by Instagram. Potential Winner may be required to show proof of being the authorized account holder.
- Winner Selection: One entrant will be randomly selected each weekday from that day’s eligible entries throughout the Sweepstakes Period and become a “Winner.” Entries will not carry over from one drawing to another. Odds of being chosen as a Winner will depend on the number of eligible entries received for each drawing. Only one entry per person per day. One Winner per household per Sweepstakes Period. An individual may win only once per calendar year.
- Prizes: There will be 20 Winners in the Sweepstakes. Each Winner will receive an Apple 10.5-inch iPad Air Wi-Fi tablet with 64GB of memory, Silver (Mfg.#: MUUK2LLA)) The retail value of each prize is $469.
- Winner Notifications: Sponsor will attempt to notify the Winners by email on the next business day. Winners must have a valid email address where they can be notified. If a Winner (a) does not respond within 48 hours of first notification attempt, (b) is unavailable for prize fulfillment, (c) is not in compliance with the Rules, (d) does not complete and return required documents and provide required identification information by deadlines established by Sponsor, or (e) does not meet the eligibility requirements, Sponsor reserves the right to award the prize to another Winner selected by random drawing from among remaining eligible entries for that drawing. If Sponsor cannot find an eligible Winner for the prize after one alternate drawing, that prize will not be awarded. All results are unofficial until Winners are verified.
- Prize Acceptance/Restrictions: Winners are subject to verification by WHO-HD of the Winner’s name, age, address, phone number, and Social Security number. In order to claim his or her prize, each Winner must appear in person at the business offices of WHO-HD, located at 1801 Grand Avenue in downtown Des Moines during regular business hours Monday through Friday and must do so by January 15, 2020. Winners will be required to provide photo ID and a completed IRS Form W-9. Prizes cannot be redeemed for cash or substituted for any other items by any Winner. Prizes are non-assignable and non-transferrable. Sponsor reserves the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason. Costs of transportation and accommodations, where applicable, and any other cost not specifically included in the prize are the sole responsibility of the Winners. All properly claimed prizes will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules.
- 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.
- Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes or any portion hereof, 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 Sponsor’s 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, , or (c) the Sweepstakes is otherwise not capable of running as planned. If Sponsor terminates the Sweepstakes, it will conduct a random drawing to award the remaining prizes using all eligible, non-suspect, non-winning entries received as of the termination time to award the prize for that day. The prizes for subsequent days will not be awarded. If Sponsor terminates or modifies the Sweepstakes, Sponsor will post notice on the Sweepstakes page and on Instagram. 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. Sponsor reserves the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Sponsor and its advertising and promotion agencies are not responsible for cancellations, postponements, or delays. 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. Sponsor will have the sole discretion to administer the Sweepstakes and interpret and apply the Rules. This Sweepstakes is not intended for gambling. If Sponsor determines that an entrant is using the Sweepstakes for gambling purposes, such entrant may be disqualified and reported to the authorities.
- Indemnification/Hold Harmless: By participating, entrants agree: (a) to the Rules and decisions of Sponsor, which will be final in all respects; (b) to release, discharge, and hold harmless Sponsor and its 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 (including any travel or activity related thereto), 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 (c) 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. In consideration for his or her participation in the Sweepstakes, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Sweepstakes, including attorneys’ fees.
- 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 Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (d) 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, (e) damage to any computer (software or hardware) resulting from participation in the Sweepstakes, or damage to mobile phone or other PDA device, (f) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (g) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (h) 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 application process are the sole responsibility of each entrant and the Sponsor will not issue reimbursement for any expenses. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Rules or the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance.
- Disputes: 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, must 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. 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. Iowa law will govern this Sweepstakes, without regard Iowa’s choice of law rules. The state and federal courts located in the State of Iowa will be the exclusive forum for any dispute regarding any Rule or activity associated with the Sweepstakes.
- Official Rules: To request a copy of the Rules, send a self-addressed stamped envelope to WHO-HD, located at 1801 Grand Ave., Des Moines, IA 50309, by January 15, 2020. Written copies of these Rules are also available during normal business hours (8:00 AM to 5:00 PM CT) at WHO-HD’s business offices or online at whotv.com/contests.
- Names of Winners: For a list of prize winners, send a separate, self-addressed, stamped envelope to WHO-HD, located at 1801 Grand Ave., Des Moines, IA 50309, or appear in person at that location between normal business hours (M-F 8:00 AM to 5:00 PM CT) after December 2, 2019. Requests for winners list must be received by January 31, 2020.
- Compliance with Law: The conduct of the Sweepstakes is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.
- Sponsor: WHO-HD, 1801 Grand Ave, Des Moines, IA
- 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 and/or UPICKEM without the express written consent of its owner is strictly prohibited. UPICKEM is a trademark of Second Street Media, Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by or associated with Apple or Instagram.
No purchase necessary. Void where prohibited by law. Must be 18+ & live w/in Des Moines/Ames DMA. Each weekday 10/31 – 11/27/19 enter clue word at WHOtv.com by 9 pm CT. Clue word shown approx. every ½ hour weekdays on WHO-HD from 5-7 AM CT & on Instagram by 7 am CT each weekday. 1 winner randomly chosen from daily entry pool to win iPad Air 64GB. ARV: $469. One entry per person per day. Visit whotv.com/contests for complete rules and restrictions. Sweepstakes is in no way sponsored, endorsed or administered by or associated with Apple or Instagram.