Scholar Athlete of the Week Official Rules

Kaw Valley Bank, Cable Dahmer Chevrolet #1 Buick, GMC, Cadillac, and WIBW-TV present the Scholar-Athlete of the Week Promotion and Scholarship.

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE A NOMINEE’S CHANCE OF WINNING.

Kaw Valley Bank and Cable Dahmer Topeka, and not WIBW, are solely responsible for awarding of scholarships, judging of entries and awarding of final scholarships.

1. PROMOTION DATES

a. The “Scholar-Athlete of the Week” Scholarship Program (“Promotion”) will begin on Monday, September 13, 2022 at 8:00 am CT and end on Friday, April 29, 2023 at 5:00 pm CT.

b. The deadline for entries is Friday, April 15, 2023 at 5:00 pm CT. Entries must be received by online form submission only.

2. ELIGIBILITY RESTRICTIONS

a. The Promotion is open to all legal residents of the United States and the District of Columbia (except NY and FL) who are 16 years of age or older at the time of entry, are currently enrolled in their senior year of high school at an accredited public or private high school, will be attending a full-time college or trade school beginning in the fall of 2022 and who live in the following Kansas counties: Atchison, Brown, Clay, Cloud, Coffey, Douglas, Geary, Jackson, Jefferson, Lyon, Marshall, Morris, Nemaha, Osage, Pottawatomie, Riley, Shawnee, Wabaunsee, Washington (an “Entrant”). Employees of WIBW (the “Station”), its parent, subsidiary, and affiliated entities, its advertising agencies, participating sponsors/promotional partners, other broadcasting stations in the Topeka DMA, and the members of their immediate families (spouse, parents, siblings or children) or households (whether related or not) are ineligible to participate or win. This Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the United States, in NY and FL, as applicable, and where prohibited.

b. More than one Student Athlete/winner per school is allowed.

c. A release agreement must be signed by student’s parent or legal guardian before awarded as a Student Athlete.

d. Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entry from any individual who does not meet the eligibility requirements, and will also delete any entry as required by law.

3. ENTRY

a. To participate in the Promotion, Entrants may be nominated via the following method:

VIA ONLINE SUBMISSION – Teacher, Principal, Counselor, or close family member may submit the nomination form including student’s name, school’s name, student’s GPA, student’s extra-curricular activities, student’s community involvement, why student should be selected and nominator’s information here: https://www.wibw.com/2020/09/01/scholar-athlete-of-the-week-submission-form/

A teacher, principal or counselor may nominate as many qualified students as they wish; however, only one student per school can be selected as a Student Athlete.

4. PRIZES AND ODDS OF WINNING

a. Thirty (30) weekly Student Athletes will be selected from nominations. Each Student Athlete will have a “feature” on WIBW-TV 13 NEWS. Two (2) of the thirty (30) weekly Student Athletes will be awarded a $2,500 scholarship based on a drawing. Weekly Student Athletes are selected based on best representative of school activities, community involvement and recommendation by nominee.

b. Odds of winning are dependent of number of entries received.

c. Student Athletes will be notified via the nominating teacher, principal or counselor.

5. STUDENT ATHLETE SELECTION AND NOTIFICATION

a. Decisions of Station management with respect to the Promotion are final.

b. Student-athletes will be notified weekly via phone call to the nominating teacher, principal, counselor, or family member. Communication of spotlight information will be handled via email to teacher, principal, counselor or parent.

c. Student-athlete(s) (or their parents or legal guardians if under the age of majority) must execute and return any required affidavit of eligibility and release, publicity release, and/or guest/traveling companion release within five (5) days of notification attempt or Student Athlete will be disqualified and the prize will be forfeited and an alternate student-athlete(s) may be chosen by selection. If a potential student-athlete(s) cannot be contacted, fails to complete, sign and return any required affidavit of eligibility and release, publicity release, and/or guest/traveling companion release within the required time period, the potential Student Athlete(s) will be disqualified and will forfeit the entry into the scholarship drawing. An Entrant who provides a mobile wireless number to the Station in connection with a promotion, including by entering via text message or providing a mobile number for Student Athlete notification purposes, is responsible for informing the Station if his or her number is reassigned to another person at any time before the end of the Promotion set forth in Section I.a. of these rules, and for providing an alternative number where he or she may be reached.

6. CONDITIONS

a. Payments of all federal, state and local taxes are solely the responsibility of the student-athlete(s). Student Athlete(s) will be required to complete and submit an IRS Form W-9 or the equivalent including a Student Athlete’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by the Station (in combination with any prizes won in Promotions run by any other Gray television station) in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.

b. Participating in the Promotion and acceptance of a prize constitutes a Student Athlete’s and guest’s (where applicable) permission for the Station or its agents to photograph, film and record each Student Athlete, and to use his/her name, address (city and state), likeness, photograph, voice, biographical information and/or any statements made by him/her regarding the Promotion or its sponsors for purposes of trade, publicity or promotion without additional financial or other compensation, and, the Station may, where legal, require a Student Athlete (and guest or travel companion, where applicable) to sign a publicity release confirming such consent prior to acceptance of the prize. It is the responsibility of the Student Athlete(s) to ensure that their guest(s) or travel companion(s) sign and return to the Station any required release.

c. To the fullest extent permitted by law, by participating in the Promotion, the Entrant:

i. Agree to grant the Station a non-exclusive, perpetual, worldwide license to edit, telecast, exhibit, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit any items (including any photos, videos, audio, or written material) submitted as part of his/her contest entry (the “Materials”), or any portion thereof, in any manner and in any and all formats and media now known or hereafter devised, without payment to the Entrant or any third party;

ii. Acknowledge that the Station reserves the right, in its sole discretion, not to use the Materials at all; and

iii. Represent and warrant that: the Entrant is a senior in high school and his/her parent or legal guardian will sign the release provided by Station; you (the nominator) have the full legal right, power and authority to grant to the Station the license provided for herein; you own or control the complete exhibition and other rights to the Materials you submitted for the purposes contemplated in this license; you are either the parent (or legal guardian) of any minor featured in the Materials or have received the express consent of the parent (or legal guardian) for any such minor to appear in the Materials and to enter the minor’s likeness in the Materials in the contest; and neither the Materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.

d. Prior to awarding any prize or prize certificate, and depending on the nature of the prize and eligibility requirements of the Promotion, the Station in its sole discretion may require verification of Promotion Student Athlete’s or Student Athletes’ identification by a showing of valid government-issued photo identification.

e. To the fullest extent permitted by law, by participating and/or accepting a prize, entrants, Student Athlete(s) and guests (if applicable) agree to release and hold harmless the Station, its sponsor(s) and promotional partner(s), including but not limited to Kaw Valley Bank, Ed Bozarth Chevrolet, their advertising and promotion agencies, any social media platform utilized in the conduct of the Promotion (including but not limited to Facebook, Inc.) and each of their respective parent, subsidiary and affiliated entities, and the officers, shareholders, directors, employees, agents, representatives, successors, and assigns of each of them (collectively, the “Released Parties”) against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion. The Station may also require eligible Promotion Student Athlete(s) and their guests or travel companions, if any (as well as each of their parent(s) or legal guardian(s), if Student Athlete(s), guest(s) or travel companion(s) are under the age of majority in their state of residence), to sign a liability release confirming such consent. It is the responsibility of the Student Athlete(s) to ensure that their guest(s) or travel companion(s) sign and return to the Station any required release.

f. The Station, in its sole discretion, reserves the right to disqualify any person (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 the Station’s website, Facebook Page, and/or any other social networking site used in the Promotion, or is otherwise in violation of the rules. The Station 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 Station’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 the Station in is sole discretion. Any attempt by an entrant or any person to deliberately damage any station website, Facebook Page, and/or any other social networking site used in the Promotion or to undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws. Should such an attempt be made, the Station reserves the right to seek full prosecution and/or damages from any such individual to the fullest extent permitted by law. The Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of the Station, any competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, the Station reserves the right, but not the obligation, to modify, terminate, suspend or cancel the Promotion and shall not be required to award a substitute prize.

g. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize; (ii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties, malfunctions, disconnections, other technological failures, telephone service outages, delays, dropped calls, or busy signals, or any other difficulties that may prevent an individual from sending or receiving a text message; or (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, incorrect, or late entries. Due to online streaming delays, online viewers of station programming may have difficulty participating in on-air contests. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of god, acts of war, natural disasters, weather, acts of terrorism or other factors beyond the Station’s control.

h. To the fullest extent permitted by law, by participating in the Promotion, the Entrant understands and agrees that:

i. the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);

ii. any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);

iii. any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event and under no circumstances will entrants or Student Athletes be permitted to obtain awards for attorneys’ fees, and the Entrant hereby waives all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;

iv. any claim or dispute regarding the Promotion or these Official Rules will be resolved pursuant to the laws of the State or Commonwealth in which the Station is located, without regard to the conflicts of laws and rules of that State or Commonwealth;

v. any claim or dispute regarding the Promotion or these Official Rules will be resolved in a tribunal within the State or Commonwealth in which the Station is located, and the Entrant submits to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and

vi. if for any reason a claim or dispute regarding the Promotion or these Official Rules proceeds in court rather than through arbitration, there will not be a jury trial.

i. The invalidity or unenforceability of any provision of these Official Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.

j. To obtain a copy of the Official Rules or a list of Student Athlete(s) following completion of the Promotion (please specify which), send a self-addressed, stamped envelope (VT residents may omit return postage) specifying “Official Rules” or “Student Athlete List” to WIBW’s Scholar-Athlete of the Week Scholarship Student Athlete List or Official Rules Request, WIBW, 631 SW Commerce Place, Topeka, KS 66615. A copy of the Official Rules and a list of Student Athlete(s) (when complete) are also available during regular business hours at the main studio of WIBW, 631 SW Commerce Pl., Topeka, KS 66615. All such requests must be received within thirty (30) days following completion of the Promotion.

7. OFFICIAL RULES, TERMS OF USE AGREEMENT & PRIVACY POLICY

By entering this Promotion, you and the Entrant agree to be bound by these Official Rules and the Station’s Terms of Use Agreement and to the use of either of your personal information as described in the Privacy Policy located at: https://www.wibw.com/terms-of-service/ (Terms of Use) and https://www.wibw.com/privacy-policy/ (Privacy Policy) or at the main studio of WIBW, 631 SW Commerce Place, Topeka, KS 66615.

Sponsor(s): Kaw Valley Bank, 1110 N. Kansas Ave., Topeka, KS 66608; Cable Dahmer of Topeka, 3731 SW Topeka Blvd., Topeka, KS 66609′ WIBW-TV, 631 SW Commerce Pl., Topeka, KS 66615.

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