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KPTM Fox 42

Official Game Rules

OFFICIAL GAME RULES

 

KPTM FOX 42 25th Anniversary Bingo Contest

 

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. INTERNET ACCESS AND A VALID E-MAIL ADDRESS ARE REQUIRED.

 

"KPTM FOX 42 25th Anniversary Bingo Contest" ("Game" or "Promotion") also referred to as "KPTM Bingo," and "KPTM 25th Anniversary Bingo" is sponsored by KPTM FOX 42, 4625 Farnam Street, Omaha, NE 68132 ("Sponsor") and is intended for participation only in the Omaha/Council Bluffs and Lincoln DMAs (i.e., Designated Market Areas or TV markets) and shall be construed according to, and governed exclusively by, United States and Nebraska substantive law. Void outside the Omaha/Council Bluffs and Lincoln DMAs, and where prohibited by law.

 

Do not participate in the Promotion if you are not a legal resident of the United States, and/or not 21 years of age or older, and/or not physically located in the Omaha/Council Bluffs or Lincoln DMA (collectively the "Promotion Territory") at the time of registration and participation. (To see if your Zip Code is in the Promotion Territory, visit www.tvscratchgames.com/KPTMBingo and register with your ZIP code. If your ZIP code is not one of the over 600 ZIP codes included in the Promotional Territory, you will receive an error message and will not be allowed to enter. If you think we've made a mistake by not including your ZIP code, please contact us using the Contact tab at this website. Any decision to include your ZIP Code is at the sole discretion of Life Carrot, Inc. ("Game Provider").

 

KPTM Bingo is NOT a true game of bingo. Prizes will be awarded based on obtaining pre-established winning game cards (see Rules 2 and 3 below for complete explanation of the winner determination procedure).

 

KPTM is NOT a State Lottery product and is NOT endorsed, authorized or sanctioned by any State Lottery.

 

1. Promotion Period

 

Promotion begins on or about Thursday, April 28, 2010 at 12:01 AM Central Time ("CT") and ends at 11:59 PM CT on Thursday, May 26, 2010 (the "Promotion Period"). The Promotion consists of twenty-five (25) separate and independent daily chance promotions (each a "Daily Game") during which a total of one hundred and twenty-five (125) $42 prizes will be given away.

 

The official timekeeping device for the Promotion is the website computer maintained by the Game Provider, Life Carrot Inc., an independent agency administering the Promotion.

 

2. How to Play

 

A. Registration

 

Visit the website www.tvscratchgames.com/KPTMBingo or links and banners at www.KPTM.com that lead to www.tvscratchgames.com/KPTMBingo ("Game Website" or simply "Website"), during the Promotion Period. Complete the required fields on the registration form: first name, last name, street address, city, state and Zip Code, birth date and e-mail address. As a requirement of participation, you agree to receive e-mails from Game Provider regarding the Promotion. If you later decide to opt-out of receipt of such e-mails by unsubscribing, you will NOT be able to continue to participate in the Promotion. You can choose to opt-out of receiving advertisements and promotions delivered via e-mail from KPTM Fox 42 that are separate and apart from the emails used to support the game; you are not required to receive these advertisement e-mails in order to register for or participate in the Promotion. Your provision of information is subject to the Privacy Policy of Website as applicable; see Rule 5 below.

 

You must also check the box indicating that you have read, understand and agree to these Official Rules as a pre-condition to registering for/participating in the Promotion. YOU WILL NOT BE ALLOWED TO REGISTER OR PARTICIPATE IN THE PROMOTION IF THIS BOX IS NOT CHECKED.

 

All registration information must be completed in full. Once you have completed the registration form, Game Provider will send you an e-mail at the e-mail address you provided approximately ten (10) minutes later. This e-mail contains a validation link. TO BECOME A FULLY REGISTERED PARTICIPANT IN THE PROMOTION ("PLAYER"), YOU MUST CLICK ON THE VALIDATION LINK WITHIN THE INDICATED TIME PERIOD. Upon clicking the e-mail's validation link, you will be fully registered to participate in the Promotion as set forth in these Official Rules.

 

There is a limit of two (2) registered, unique e-mail addresses per street address. And, a given e-mail address may only be used once during the Promotion Period. (However, if you have to rejoin the game due to a street address change, or if you decide to rejoin the game after unsubscribing, we will allow you to use the same email address more than once.)

 

Persons can register for the Game and become Players anytime during the Promotion Period, BUT PLAYERS CANNOT REGISTER AND PLAY ON THE SAME DAY. For example, a player registering on Monday will NOT receive an email with his or her Bingo cards until Tuesday morning. So, a player cannot register on Monday and play on the same Monday. Registration for a given Daily Game ends at 11:59 PM CT the day prior to the Daily Game. Game Provider's computer shall be the official timekeeper for all matters related to this Promotion.

 

It is the sole responsibility of each Player to keep his/her registration information (specifically, his/her e-mail address and mailing address) current; and, Sponsor and Game Provider will have no responsibility or liability for a Player's failure to do so. Players update their information by unsubscribing from the Game (by clicking "Unsubscribe" in any e-mail from the Game Provider) and then initiating a new registration with their current information. Players re-registering for the game in this manner are subject to the limitation of not being able to register and play on the same day.

 

In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to register will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

 

Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

 

B. Game Card E-mail & "Bingo" Game Cards

 

If registration is completed (including validation) by 11:59 PM CT on any day immediately preceding a Daily Game during the Promotion Period, Player will receive an e-mail no later than 10:00 AM CT on the immediately following day (i.e., the morning of the day the Daily Game is to be played).

 

Be sure to check your spam folder and adjust your e-mail account's settings accordingly (as necessary) so that you receive e-mails from Game Provider for the Promotion; Sponsors and Game Provider expressly disclaim any liability for lost or undelivered e-mails regardless of cause. Adding the Game Provider's "from" address to your contacts is often an effective way to keep the Game Provider's e-mails from going to your SPAM folder. The Game Provider's "from" address is Omaha@TVScratchGames.com)

 

The morning e-mail will contain a link to two (2) "bingo" game cards ("Game Card E-mail"), the "bingo" game cards being valid only for the Game on that specific day. ANY USE OR ATTEMPTED USE OF A "BINGO" GAME CARD FOR ANY OTHER GAME CONSTITUTES FRAUD AND SPONSORS AND/OR GAME PROVIDER MAY SEEK TO ENFORCE THEIR RIGHTS AND REMEDIES AS PER RULE 2D BELOW. After clicking the link in their Game Card E-mail, Players may print out the two (2) "bingo" game cards, view them on a PC or laptop screen and/or view them on a web-enabled mobile device.

 

Game Card E-mail and "bingo" game cards accessible via the link in a Game Card E-mail are valid only for the Player who received the Game Card E-mail directly from Game Provider as per Game Provider's records. Any attempted transfer, purchase, sale or trading of a Game Card E-mail (and/or "bingo" game cards accessible via link in the Game Card E-mail) automatically voids such Game Card E-mail (and "bingo" game cards accessible via link in such Game Card E-mail). SUCH ACTIVITY ALSO CONSTITUTES FRAUD AND SPONSORS AND/OR GAME PROVIDER MAY SEEK TO ENFORCE THEIR RIGHTS AND REMEDIES AS PER RULE 2D BELOW.

 

Players will continue to receive one (1) Game Card E-mail (with two (2) "bingo" game cards) each day of the Promotion Period. To be eligible for a given Daily Game, you must open the Game Card E-mail and click on the link in the Game Card E-mail to the "bingo" game cards for that Daily Game; if you fail to do so, you will NOT be eligible to win a prize for that Daily Game. PARTICIPATING IN A GIVEN DAILY GAME DOES NOT RESULT IN AUTOMATIC PARTICIPATION IN FUTURE DAILY GAMES DURING PROMOTION PERIOD. Players need to open the Daily Game Card E-mails to play.

 

When players elect to unsubscribe from the Promotion by clicking the unsubscribe link in any of the emails Game Provider has sent (an "Unsubscribed Player"), the effect is immediate. When you unsubscribe, we will cease sending you emails from the moment of unsubscribing forward. So, Players unsubscribing the morning before the Game Card E-mails are sent out will NOT receive a Game Card E-mail; but, they are, nonetheless, counted in the universe of players who have received cards. Players unsubscribing after the Game Card E- mails are sent out for a Daily Game can still play the game that day, but will receive no more emails from us. An Unsubscribed Player may rejoin the Promotion and be able to participate in future Daily Games by completing the registration process again. Players re-registering for the game in this manner are, however, subject to the limitation of not being able to register and play on the same day.

 

C. Daily Games

 

Each Daily Game will take place during the Promotion Period as a 30-second animated video segment over-laid on KPTM Fox 42 programming at 6:42PM CT and again at 10:42PM CT ("Repeat Daily Game"). Although KPTM will strive to run the Daily Game precisely at 6:42PM CT the Daily Game may air as early as 6:27PM and as late as 6:57PM CT. Although KPTM will strive to run the Repeat Daily Game precisely at 10:42PM CT the Repeat Daily Game may air as early as 10:27PM and as late as 10:57PM CT. Under the current KPTM Fox 42 program schedule, which is subject to change, and subject to the time parameters described above, the Daily Game and the Repeat Daily Game will take place as per the schedule in the table below:

 

Rules Card During the Daily Game (and, again, during the Repeat Daily Game), the images of seven (7) animated "bingo" balls will be super-imposed on-screen. Players then check to see if the "bingo" balls super-imposed on the screen form an unbroken/uninterrupted vertical, horizontal or diagonal sequence (a "bingo") on either of a Player's "bingo" game cards (that Player obtained via the Game Card E-mail for that specific Daily Game from Game Provider). In determining whether a Player has a "bingo," the "FREE" space in the center of the "bingo" game card will be treated in the same manner as a "bingo" ball displayed on-screen. That is, the "FREE" space counts as a "ball" in forming an unbroken/uninterrupted vertical, horizontal or diagonal "bingo."

 

Rules Card

 

If a Player has been selected at random and has received a "bingo" game card with a "bingo" from Game Provider via the Game Card E-mail for that day of the Promotion Period, he/she must visit www.tvscratchgames.com/KPTMBingo and click the I Think I Won tab (also accessible by visiting www.KPTM.com and clicking the KPTM Bingo banner and then clicking on the I Think I Won tab) and follow the instructions to claim a prize for that Daily Game. Prize claim procedure includes entering the Card Code from the potentially winning "bingo" game card (i.e., the 10-character code that appears in bold below the "bingo" grid on the "bingo" game card). CARD CODE MUST BE ENTERED BY 11:59 PM CT ON THE DAY THAT A GIVEN DAILY GAME IS PLAYED ("PRIZE CLAIM PERIOD"). CARD CODES ARE INVALID AND WILL NOT BE ACCEPTED AFTER THE 11:59 PM CT DEADLINE. At the Game Provider's sole discretion, the Card Code entry system may also ask players to enter the email address and birth date they used to register for the Game to provide additional confirmation of a win.

 

BE SURE NOT TO MISS THE AIRING OF THE KPTM BINGO GAME ON KPTM CHANNEL 42 AS THE SEVEN (7) BINGO BALLS FOR THAT DAILY GAME WILL NOT BE DISPLAYED ELSEWHERE.

 

Card Code is valid only for the Player who received a potentially winning "bingo" game card via the Game Card E-mail for that day from Game Provider, as per Game Provider's records. Any attempted transfer, purchase, sale or trading of Card Code and/or potentially winning "bingo" game card automatically voids such Card Code and potentially winning "bingo" game card. SUCH ACTIVITY ALSO CONSTITUTES FRAUD AND SPONSORS AND/OR GAME PROVIDER MAY SEEK TO ENFORCE THEIR RIGHTS AND REMEDIES AS PER RULE 2D BELOW.

 

Game Provider may, in its sole discretion, also require a physical copy of "bingo" game card, proof of ownership of e-mail address and/or other information and/or materials, and/or for potential winner to complete, sign and return an Affidavit of Eligibility, a Liability Release and (where lawful) a Publicity Release within indicated time period, as part of the validation process for any prize claim. If potential winner fails to timely provide all such materials upon Game Provider's request or Game Provider determines in its sole discretion that such materials are inadequate or unsatisfactory, no prize will be awarded to such person and neither Game Provider nor Sponsors will have any liability to such person or anyone else.

 

IF, AS DETERMINED BY GAME PROVIDER IN ITS SOLE DISCRETION, PRIZE CLAIM/CARD CODE IS NOT TIMELY SUBMITTED, PRIZE CLAIM IS INVALID, POTENTIAL WINNER IS INELIGIBLE, OR PRIZE IS OTHERWISE UNCLAIMED OR FORFEITED, SUCH PRIZE WILL BE AWARDED IN SUBSEQUENT GAMES OR VIA THE SECOND CHANCE RANDOM DRAWING AS PER RULE 3 BELOW.

 

If a Player's "bingo" game card is validated by Game Provider and Game Provider has determined that Player is eligible and has fully complied with these Official Rules, such Player will be mailed a check for $42 within two (2) weeks of submission of a valid, winning Card Code. Check will NOT be replaced if damaged, lost or stolen. If check is NOT cashed within one hundred twenty (120) days of mailing, check becomes void and Sponsors/Game Provider will have no liability to payee of check (or any other party) in connection therewith. The check will be sent to the address provided on the registration and made out in the name of the Player as payee only (as it appears in Player's registration for Promotion). Any exceptions for change of winner's address or name are subject to Game Provider's approval, in its sole discretion. (Game Provider must be furnished with proof of validity of change of name/address, as applicable, which it deems to be satisfactory in its sole discretion before any such exception will be granted. Game Provider disclaims any liability in conjunction with failure/refusal to grant any such exception.)

 

D. Additional Restrictions on Game Play

 

Registration and participation in Game must be made by a person him/herself at the Website. Registration/participation by any other individual or any entity, and/or originating at any website other than the Website, including, but not limited to, commercial sweepstakes subscription notification and/or entering service websites, will be declared invalid and disqualified.

 

Use of any program, bot, device or other mechanism/apparatus to automate the registration process and/or participation in the Game, is prohibited and any registrations/participation deemed by Game Provider, in its sole discretion, to have been submitted in this manner will be invalid and disqualified. Without in any way limiting the foregoing, all registration and other online participation in the Promotion must be affected via manual key stroking.

 

CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS/GAME PROVIDER RESERVE THE RIGHT, IN THEIR SOLE DISCRETION, TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH PERSON FROM THE PROMOTION, IF APPLICABLE, AS WELL AS TO SEEK RECOVERY OF ANY PRIZE MONIES PAID TO SUCH PERSON, IF APPLICABLE).

 

Sponsor, Game Provider and their respective parent companies, affiliates and subsidiaries, promotion marketing/advertising and other agencies, the successors and assigns of the foregoing entities, and the directors, officers, agents, representatives, shareholders, and employees of any of the foregoing entities (collectively "Indemnitees") assume no responsibility for (a) any incomplete, incorrect or inaccurate information, whether caused by Website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error of any kind; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any web site (including but not limited to Website), television programming on KMPT Fox 42, registration and/or participation in the Promotion (including but not limited to any problem with respect to the distribution of Game Card E-mails, the airing of the KPTM FOX 42 25th Anniversary Bingo Contest on any day during designated times or the quality/clarity of appearance (or failure to appear) of images of "bingo" balls during game and the accuracy of such "bingo" balls as displayed on-screen); and (c) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming, broadcast signal failure, malfunction, disruption or corruption or interruption or failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or for injury or damage to entrant's or to any person's computer (or any information/materials stored therein) related to or resulting from downloading materials from any web site (including but not limited to Website) or participating in Promotion.

 

3. Prizes/Odds of Winning

 

A. Prizes and Winner Selection Process

 

One hundred and twenty-five (125) prizes of $42 each are available, for a total Daily Game prize pool of $5,250, plus an additional prize of $420 to be given away in a Second Chance drawing to be held on or about June, 15 2011 as described in Section 3B.

 

Participants will not actually be playing bingo in the Promotion. Rather, in the Promotion, Game Provider will run a computer simulation of bingo where seven (7) "bingo" balls are picked at random. Game Provider then selects from the computer simulation a quantity of bingo cards equal to twice the number of Players for a given Daily Game, with two (2) bingo cards corresponding to each Player. Of the bingo cards selected for a Daily Game five (or more) of them will be winning bingo cards (i.e., bingo cards that complete a bingo as defined in Rule 2C in the computer simulation of bingo). Game Provider will determine, in its sole discretion, the number of winning bingo cards selected for a given Daily Game (with the understanding that, in all cases, there will be at least five (5) winning bingo card selected for a given Daily Game) and will conduct a random drawing among all Players for that Daily Game to determine which Player(s) will receive a winning bingo card (i.e., a winning "bingo" game card) via a Game Card E-mail (as per Rule 2B). While the KPTM Bingo on-air segment with the "bingo" balls superimposed on-screen may seem like a game of bingo being played in real time, it is NOT bingo as the computer simulation and the selection of prize winners will have occurred prior to the airing of the segment. To enhance excitement, the Daily Games are engineered such that losing "bingo" cards are often very close to being winning "bingo" cards.

 

Subject to the "NO RESPONSIBILITY FOR ERRORS IN NUMBER OF PRIZES" and "FORCE MAJEURE" provisions in Rule 4 below, if Game Provider selects more than five (5) winning bingo card for a given Daily Game, then each Player who receives a winning bingo card (i.e., a winning "bingo" game card) via a Game Card E-mail (as per Rule 2B) for that Daily Game will be eligible to win a $42 prize.

 

Odds of winning a prize in a given Daily Game depend on the number of Players for that Daily Game, the number of winning bingo cards selected and distributed by Game Provider for that Daily Game. So, for example, if there are 5,000 Players in a given Daily Game (as determined by the number of players at 11:59PM CT the day prior to the Daily Game) and five (5) winning bingo card were selected and distributed by Game Provider, the odds of winning for that Daily Game are 5:5,000 or 1:1,000. If there are 5,000 Players in a given Daily Game and ten (10) winning bingo cards were selected and distributed by Game Provider, the odds of winning for that Daily Game are 10:5,000 or 1:500. The actual number of winning bingo cards selected/winning "bingo" game cards to be distributed (i.e., prizes to be made available to be won) as well as a daily snapshot of the number of active (subscribed) Players will be posted on the Website prior to a given Daily Game.

 

Because each Daily Game is an independent and separate game, players can win multiple times. WINNING A DAILY GAME DOES NOT IMPROVE OR DIMINISH THE ODDS OF WINNING A SUBSEQUENT DAILY GAME. It is likewise possible for BOTH of the "bingo" cards issued to a player for a given Daily Game to be winners. Players who win $600 or more during the Promotion Period will receive an IRS 1099 Tax Form as per Section 4.

 

All $42 cash prizes for the Promotion shall be exclusively paid out and administered by the Game Provider. KPTM Fox 42 assumes no responsibility in the administration and distribution of such cash prizes. Persons who choose to participate in the Promotion, agree to hold harmless KPTM Fox 42 its subsidiaries, divisions, related companies, officers, directors, employees and agents from any liability arising from any disputes resulting the administration and distribution of said cash prizes.

 

B. Second Chance Random Drawing

 

Each active Player (that is, a player that has not unsubscribed) as of the end of the Promotion Period (11:59 PM CT on May 26, 2011) will receive one (1) entry in the second chance random drawing. Such drawing will be for a prize of $420 plus any $42 Daily Game prizes that are unclaimed, forfeited or otherwise unawarded after the conclusion of the last Daily Game of the Promotion Period.

 

Game Provider will conduct the second chance random drawing on or about June 15, 2011. If selected in the second chance random drawing, potential winner will be notified via e-mail. Odds of winning a prize in the second chance random drawing depend on the number of active Players as of the end of the Promotion Period.

 

4. Eligibility and Other Conditions of Participation

 

Employees, officers, directors and production personnel of the Sponsor, Game Provider and each of their respective parents, subsidiaries, and divisions or affiliates, as well as any other entities involved in any manner with the development, production and implementation of the Game (all such individuals and entities collectively referred to as "Promotion Entities") and each of their immediate family members (defined as parents, children, siblings and spouse, regardless of where they live), or those living in the same household as any of the individuals in the preceding categories whether or not related thereto and any person whose access to www.tvscratchgames.com/KPTMBingo has been terminated or suspended (including Deactivated Players), are NOT eligible to participate in the Promotion or win prize(s). Groups, clubs, commercial entities and businesses are also NOT eligible to participate in the Promotion or win prize(s).

 

Each prizewinner shall be solely responsible for all federal, state, and/or local taxes on any prize(s). Should a Player win prizes totaling $600 or more, Game Provider will report to applicable governmental authorities all prizes won by such person as well as the total value of the prizes won by such person during the Promotion Period via an IRS 1099 Tax Form and/or other applicable documentation. As a condition of winning prizes, winner agrees to cooperate fully with Game Provider so as to facilitate the timely and accurate reporting of such information by Game Provider. No prize substitution or prize transfer is permitted except by Sponsor/Prize Provider who reserve the right to substitute a similar prize (or Prize element) of comparable or greater value in their sole discretion.

 

NO RESPONSIBILITY FOR ERRORS IN NUMBER OF PRIZES. In the event that production, seeding, printing, digital or programming failures, or other reasons or any errors cause more than the indicated number of prizes to be available and/or claimed for a given Daily Game, Sponsors/Game Provider reserve the right to award only the indicated number of prizes for that Daily Game (if previously not awarded), by a random drawing among all legitimate eligible claimants for such Daily Game. IN NO EVENT WILL MORE THAN THE NUMBER OF PRIZES FOR A GIVEN DAILY GAME (I.E., THE NUMBER OF WINNING BINGO CARDS SELECTED/WINNING "BINGO" GAME CARDS DISTRIBUTED), AS POSTED ON THE WEBSITE, BE AWARDED FOR A GIVEN DAILY GAME. Sponsors and Game Provider will have no liability for a defective or irregular Game Card E-mail or "bingo" game card.

 

Except where prohibited by law, by accepting any prize, winner grants (and agrees to confirm in writing, upon request) to Sponsor, Game Provider and their respective designees, the right to use his/her name, photograph, likeness, statements, biographical information, and any other personal characteristics, in any and all media for advertising, trade and promotional purposes, without notification or additional compensation of any kind.

 

By registering for and participating in the Promotion, an individual indemnifies, releases and agrees to hold harmless the Indemnitees from any and all liability arising from participating in the Promotion, any Promotion-related activity and/or acceptance, receipt, possession or use/misuse of any prize.

 

FORCE MAJEURE. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, terrorist act (or threat of terrorist act), governmental regulation, interruption of broadcast of ad due to national emergency, "breaking news" or any other cause, or any other causes beyond the control of Sponsors and/or Game Provider which, in the sole opinion of Sponsors/Game Provider, could or does corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion (or any part thereof), Sponsor/Game Provider reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion and conduct the Promotion by selecting prize winners for one or more Daily Games in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor/Game Provider at their sole discretion. The forgoing right includes the Sponsor's/Game Provider's ability to declare a "Scratched Game" where no winners are declared for a Daily Game and the prize or prizes that would have been awarded are made available in future Daily Games or in the Second Chance random drawing. Notice of such action by Sponsors/Game Provider will be posted on www.tvscratchgames.com/KPTMBingo.

 

If any provision of these Official Rules is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, these Official Rules shall be construed and enforced as if these Official Rules did not contain the particular provision held to be invalid/illegal/unenforceable, and such invalid/illegal/unenforceable provision will be deemed to be automatically modified and replaced by a mutually acceptable provision which most closely approximates the intention of Sponsors/Game Provider and is valid, legal and enforceable. The invalidity/illegality/ unenforceability of such provision will not affect the validity, legality or enforceability of any other provision of these Official Rules or of these Official Rules generally. The failure of Sponsors and/or Game Provider to enforce any provision does not constitute the waiver of such provision.

 

5. Privacy Policy

 

Your privacy is important to us. In registering for the Game the Sponsor and the Game Provider use the information you provide to operate the game and fulfill prizes. Your information will not be used by, or provided to, any other parties. We may also send you email reminders during the Promotion Period to encourage your participation in the Game and/or update you about the game. We may also send you an email survey about the Game on or before June 15, 2011.

 

While registering for the game you were given the opportunity to un-check a box to indicate that you do NOT want to receive email communications from KPTM Fox 42 that are separate and apart from the emails about the KPTM Bingo Game. Please know that agreeing to receive promotional emails from KPTM Fox 42 (leaving the box checked) is not required to play the game and will not improve your odds of winning. If you do agree to receive emails from KPTM Fox 42 above and beyond the emails associated with the KPTM Bingo game, you are subject to the Privacy Policy posted at www.KPTM.com.

 

6. DISPUTES

 

THE PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEBRASKA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN OMAHA, NEBRASKA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN NEBRASKA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF DOUGLAS IN THE STATE OF NEBRASKA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

 

7. Winners List

 

A list of the first name, last initial and city of winners is posted at www.tvscratchgames.com/KPTMBingo. The list shall remain available for at least 180 days after the game is concluded on May 26, 2010. Winners are added to the list once they are confirmed, a process that can take from 2 days to several weeks. Winners of the Second Chance Drawing will also be posted at the same web address.

 

8. Database Maintenance

 

Every Sunday and Monday during the Promotion Period, from 12:00 AM CT to 2:00AM CT, the Website may be inaccessible for standard maintenance. The Game Provider also reserves the right to conduct additional maintenance at any time that it is needed (as determined by Game Provider, in its sole discretion). Players who access the Website while it is being maintained will be so informed and should try to access at a later time. If emergency maintenance is required during the Prize Claim Period for a given Daily Game, then the Prize Claim Period may be extended as Game Provider deems appropriate in its sole discretion so as to accommodate Players. Players will be notified of such circumstance via e-mail and/or on the Website.

 

9. Contact

 

Game Provider, Life Carrot, Inc. maintains a mailing address at:

 

Life Carrot, Inc. Attn: KPTM Fox 42 25th Anniversary Bingo, 34145 Pacific Coast Highway - #751 Dana Point, CA 92629-2808

 

Game Provider can be reached via e-mail at: Omaha_Player_Help@TVScratchGames.com

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