The following are official rules for text-to-win sweepstakes announced on the air on KTLA-TV that are not governed by a separate set of official rules.
KTLA – TV
FOR TEXT-TO-WIN SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
KTLA LLC, 5800 Sunset Boulevard, Los Angeles, California 90028 (“Sponsor” or “KTLA”).
From time to time, KTLA will announce a text-to-win sweepstakes (“Sweepstakes”) on the air and/or on its live video stream at ktla.com/live or on its “KTLA 5 News” Facebook account (each, the a “Broadcast”). Unless the sweepstakes is governed by a separate set of official rules, each Sweepstakes begins the moment it is announced on a the Broadcast for the first time (the “Announcement”), and ends at one of the two times indicated below:
- A) For a Sweepstakes in which the winner is determined by the ordinal rank of entries (“Ordinal Rank Giveaway”), the Sweepstakes will end when the minimum number of entries required to select a winner has been received, or 12 hours after the end of the Broadcast that featured the Announcement, whichever comes sooner. For a Sweepstakes that includes a prize that may be used only on the same day as the Announcement, the Sweepstakes will end when the minimum number of entries required to select a winner has been received, or two hours after the Announcement, whichever comes sooner. (See “Prize and Winner Selection” below.)
B) For a Sweepstakes in which the winner is determined by random pick (“Random Draw Giveaway”), the Sweepstakes ends at the end time announced by KTLA or displayed on the screen by KTLA.
The method of winner selection (random drawing or ordinal rank) will be announced by KTLA or displayed on the screen by KTLA at the time of the Announcement.
The computer clock of Sponsor’s webmaster is the official timekeeping device of a Sweepstakes.
HOW TO ENTER
There are two methods of entering a Sweepstakes governed by these Official Rules: You may enter by using the text messaging feature on your cellular phone to send to a text message to 515151 with the “code word” (the “Code Word”) announced by KTLA during the Broadcast in the body of the message. The Code Word will always be announced at the time of the Announcement. All entrants must have a text messaging two-way capable handset and digital service in order to enter a Sweepstakes using the text messaging method. Entrants will be sent a text message to confirm or reject entry into a Sweepstakes. Text STOP to stop and HELP for help. Text-message entries may be subject to fees under the terms of the entrant’s cell-phone/text messaging subscription plan (contact your carrier for pricing plans and details). Text messaging and wireless service are not available in all areas. If any dispute arises as to identity of any text-message entrant, the entrant will be considered the authorized account holder by the cellular provider. “Authorized Account Holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records or the natural person authorized to use the number by an entity that is shown on cellular provider’s records for that number. Only entries to the designated number and containing the correct Code Word will be eligible. Sponsor reserves the right in its sole discretion to disqualify any text message entry at any time which in Sponsor’s opinion does not comply with these Official Rules.
The alternative to entry by text message is to enter online by clicking the appropriate link at http://www.ktla.com/contests and completing and submitting the online entry form. You must provide all information requested on the entry form, including (but not limited to) name, telephone number and the correct Code Word. You must also have a valid email account in order for your entry to be eligible. Incomplete entries will be disqualified. Copies or other mechanical reproductions, facsimiles, entries containing technical or electronic reproductions, entries containing attached files are not eligible and will be rejected. If there is a dispute regarding the identity of an online entrant, the holder of the email account will be deemed the person who submitted the entry.
Sponsor reserves the right to delay the announcement of the Code Word if breaking news or other unanticipated events prevent the announcement of the Code Word from occurring as scheduled. If such changes occur, they will be posted on Sponsor’s website. Received entries become the exclusive property of Sponsor and will not be returned or acknowledged. Limit one entry per person/email address/telephone number per day, regardless of method of entry. Multiple entries from the same person on the same day will be disqualified if discovered by Sponsor. Limit one entry per household. Sponsor is not responsible for entries that are lost, late, misaddressed or misdirected due to technical or computer failures, errors or data loss of any kind, lost or unavailable internet connections, or failed incomplete, garbled or deleted computer or networks transmissions, inability to access the website or online service, or any other technical error or malfunction.
The Sweepstakes is void where prohibited by law and outside the counties listed below. The Sweepstakes is open only to legal residents of California who reside within the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, Kern and Inyo in California, and Esmeralda County, Nevada, who are age 18 or older as of the Announcement of each individual Sweepstakes, and who have not won any other prize from KTLA within the 60 days preceding the Announcement. For a Sweepstakes that includes a prize that requires the winner to be 21 years of age or older, the minimum eligibility age will be 21. Employees of other media companies (including television and radio), Sponsor and its parent corporation, subsidiaries, or affiliates, and such employees’ immediate family or household members are not eligible to enter or win the Sweepstakes. For purposes of a Sweepstakes, immediate family members include spouse, parents, children, grandparents, grandchildren, siblings, and in-laws.
PRIZE AND WINNER SELECTION
At the time of the Announcement, the following details will also be announced by KTLA or displayed on the screen by KTLA:
- the prize
- the approximate retail value (“ARV”) of the prize
- the Code Word
- the ordinal rank of the winners (the “Nth person to enter”), if that is the method of winner selection being used
- the time the Sweepstakes ends, if the winner will be selected at random
- the number of winners who will be selected in the Sweepstakes
For an Ordinal Rank Giveaway, all valid entries will be ranked in the order they are received. The people whose entries have the ordinal ranks originally announced for the Sweepstakes will be declared the potential winner(s), and Sponsor will attempt to contact the potential winner(s) by phone. If the number of entries received in the 12-hour period (or two-hour period for a same-day Sweepstakes) following the end of the Broadcast in which the Announcement was made is lower than the winning entry rank announced for the Sweepstakes, the final entry will be declared the winner for a Sweepstakes in which there is only one winner. For a Sweepstakes in which multiple winners are planned, “X” will equal the total number of planned winners, and the last X entries (by ordinal rank) will be considered the pool of winners. Should planned prizes be different for the various winners, the relative rank of the original winning rankings (lowest, 2nd lowest, next-to-highest, highest, etc.) will dictate the prizes.
For a Random Draw Giveaway, all valid entries will be combined into a single pool, and from that pool winner(s) will be selected in a random drawing within seven days of the end of the Sweepstakes and Sponsor will attempt to contact the winner(s) by phone.
If Sponsor is unable to speak to the potential winner by phone within two hours of initial contact attempt (including winner’s failure to return a phone call from Sponsor), if potential winner is not in compliance with the Official Rules (including eligibility requirements), if potential winner does not provide required identification or sign and return required documents by deadlines established by Sponsor, and/or if potential winner declines the prize, an alternate winner may be selected, time permitting. In an Ordinal Rank Giveaway, an alternate winner will be selected. In a Random-Draw Giveaway, an alternate winner will be selected by random drawing from remaining eligible entries. If the Sponsor elects to choose an alternate winner, the first alternate winner to answer the phone upon being contacted by the Sponsor will be declared the winner. If the alternate winner does not answer the phone upon being contacted, another alternate winner may be selected immediately, time permitting.
All federal, state, and local taxes associated with the prize within the United States, as well as all other costs or expenses involved in or associated with the prize not specifically listed above, including any incidental travels or costs or amenities not set forth explicitly above or in the Announcement , are the responsibility of the winner.
The prize is not replaceable if lost, stolen, or destroyed. The prize is not transferable, except at the sole discretion of Sponsor. The prize is not redeemable for cash, and it may not be substituted for another prize, except at the sole discretion of Sponsor, or as provided in these Official Rules. Sponsor reserves the right to substitute a prize of equal or greater value for the prize. Any unused prize elements will be forfeited. Any difference between actual value and stated ARV will not be awarded. Sponsor will not replace any lost or stolen tickets, vouchers or certificates or similar items once they are in the prize winner’s possession. Any hotel accommodations are subject to availability and blackout dates. Hotel accommodations may require the winner to present a credit card for pre-authorization of a set amount of funds put on hold to cover incidental costs and other fees not included in the prize. Entrants are encouraged to contact the hotel directly for more information on blackout dates and pre-authorized amounts required for incidental costs and fees.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Although prizes for Sweepstakes conducted by KTLA may be provided by an advertiser, the Sweepstakes is administered by KTLA. Any and all questions or disputes regarding selection of winners will be directed to KTLA.
THE WINNER MAY BE REQUIRED TO PICK UP THE PRIZE IN PERSON AT KTLA-TV, 5800 SUNSET BLVD, LOS ANGELES, CA, 90028 BY THE DEADLINE ESTABLISHED BY SPONSOR.
The winner may be required to present valid identification and may be required to sign a Statement of Eligibility and Liability and Publicity Release by the deadline established by Sponsor. Winners will be sent a 1099 tax form reflecting the actual value of any prize that is $600 or more.
If for any reason, the text messaging and/or online-entry portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure, or any other cause that corrupts or threatens the administration, security or integrity of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to terminate or suspend the Sweepstakes or any portion of the Sweepstakes. If Sponsor terminates a Sweepstakes, Sponsor will announce the termination in the same manner in which the Announcement was made and will award prizes, if possible, by the methods set forth above or in such other manner as Sponsor deems fair and reasonable under the circumstances. Sponsor reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, Sponsor finds such entrant to be tampering with the Sweepstakes or if such individual shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) in an annoying, threatening, or harassing manner; or (c) in any other disruptive manner.
Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of each Sponsor’s or right to assert or rely upon any such provision or right in that or any other instance. If there is any conflict between any term of these Official Rules and any marketing or entry materials, the terms of these Official Rules will govern.
Each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with a Sweepstakes or any prizes awarded must be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Los Angeles County; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering a Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with a Sweepstakes, will be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
By participating in a Sweepstakes, you agree to have your name, photograph, voice, biographical information, and likeness used in any and all media for promotional purposes by Sponsor relating to the Sweepstakes or future similar sweepstakes without further compensation or notice, except as prohibited by law.
By participating in a Sweepstakes, you agree to be bound by these Official Rules and the decisions of the Sponsor and hereby forever and irrevocably releases, indemnifies and holds harmless the Sponsor, prize providers, and their respective parents, affiliates, and subsidiaries and all of their officers, directors, employees, representatives, agents, shareholders, successors, and assigns, from any liability, claims, demands, judgments, proceedings, causes of action, lawsuits, injuries, death, costs, expenses or damages, due to any injuries, damages or losses to any person (including but not limited to death) or property of any kind, arising from, resulting from, or in connection with, directly or indirectly, in whole or in part, from a Sweepstakes and any element or activity thereof, the entrant’s participation in, entry in, or inability to enter a Sweepstakes, or any Sweepstakes-related activity, or the entrant’s acceptance, use, misuse, inability to use, possession, travel related to, or defect of any prize or prize related activity, or any violation of entrants’ privacy, publicity, personal and proprietary rights, or the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or its designees; any change in the prizing (or any components thereof) because of unavailability, business or creative considerations, or because of reasons beyond Sponsor’s control, any wrongful, negligent, or unauthorized act or omission on the part of any of the Sponsor or any of its agents or employees, lost, stolen, damaged, delayed or destroyed prizing (or any element thereof), and any typographical errors in these Official Rules or any Sweepstakes promotional materials.
For a copy of these Official Rules or the names of winners, send a self-addressed envelope along with a letter detailing your request to “Text-To-Win Sweepstakes”, KTLA-TV, Attn: Creative Services, 5800 Sunset Boulevard, Los Angeles, California 90028. Winners’ names will be available after the winners have been verified and the prizes have been awarded.
Rules updated September 3, 2017, 11:24 am