WAGM Morning Coffee Break
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTION DATES
a. The WAGM MORNING COFFEE BREAK (“Promotion”) will begin on January 1, 2023 and end on December 31, 2023
b. The deadline for entries is 5pm ET the Tuesday prior to each Thursday morning drawing.
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 18 years of age or older at the time of entry and who live in the Presque Isle DMA viewing area of Aroostook. Employees of WAGM TV (the “Station”), its parent, subsidiary, and affiliated entities, its advertising agencies, participating sponsors/promotional partners, 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. Individuals may only win a Station-conducted contest/sweepstakes once every sixty (60) days.
c. Entrants are required to provide truthful information and the Station will reject and destroy 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 destroy any entry as required by law.
a. To participate in the Promotion, you may enter via the following method(s):
VIA POSTAL MAIL –Mail post card entries to WAGM TV 12 Brewer Road Presque Isle, ME 04769 posted marked by the Tuesday the week of the drawing on Thursday Morning. Entrants must provide all requested information in their submission, including the entrant’s first name and last name, complete postal address (street, city, state, and zip code), telephone number, and date of birth. v. 3/16 2
b. Only one postal entry may be submitted per outer mailing envelope or post card. For purpose of this Promotion, a “Day” shall begin at 12:00:00 a.m. ET and shall end at 11:59:59 p.m.ET.
4. PRIZES AND ODDS OF WINNING
a. One (1) $10 Tim Horton’s gift card will be giving away each week on Thursday morning during the WAGM This Morning news program, starting January 2, 2023 to Dec 31, 2023.
b. ODDS OF WINNING DEPEND UPON THE NUMBER OF ENTRIES RECEIVED, AS APPLICABLE; ONLY ONE POST CARD WILL BE DRAWN EACH WEEK.
c. There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities, or any other expenses. Other restrictions may apply.
5. WINNER SELECTION AND NOTIFICATION
a. Decisions of Station management with respect to the Promotion are final.
b. Winner will be drawn live every Thursday Morning during the WAGM This Morning Show between 6a-7a ET that airs on CBS 8.1 and NBC 16.1
c. Winner (s) will be announced on Thursday morning as the post card entry is drawn. The Station will mail the winner one (1) $10.00 Tim Horton gift card in the mail to the address provided on the post card entry within 5 business days of the drawing.
d. The Post Card entry acts as the written consent the winner in which the winner(s) shall agree to assume its risk of loss. The Station, its sponsor(s), or promotional partner(s) are not responsible for the safe arrival of a prize or prize certificate.
a. Participating in the Promotion and acceptance of a prize constitutes a winner’s and guest’s (where applicable) permission for the Station or its agents to photograph, film and record each winner, 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. v. 3/16 3
b. To the fullest extent permitted by law, by participating in the Promotion, you:
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 your 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 you 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: you are 18 years of age or older; you 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.
c. 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 winner’s or winners’ identification by a showing of valid government-issued photo identification.
d. To the fullest extent permitted by law, by participating and/or accepting a prize, entrants, winner(s) and guests (if applicable) agree to release and hold harmless the Station, its sponsor(s) and promotional partner(s), its 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.
e. 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 v. 3/16 4
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.
f. 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.
g. To the fullest extent permitted by law, by participating in the Promotion, you understand and agree 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 winners be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-v. 3/16 5
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 you submit 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.
h. 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.
i. To obtain a copy of the Official Rules or a list of winner(s) following completion of the Promotion (please specify which), send a self-addressed, stamped envelope specifying “Official Rules” or “Winner List” to Morning Coffee Break Winner List or Official Rules Request, WAGMTV 12 Brewer Road Presque Isle, Maine 04769. A copy of the Official Rules and a list of winner(s) (when complete) are also available during regular business hours at the main studio of WAGMTV 12 Brewer Road Presque Isle, Maine. All such requests must be received within thirty (30) days following completion of the Promotion.
Sponsors: Tim Horton’s in Presque Isle, Houlton, and Madawaska Maine, WAGM TV 12 Brewer Road Presque Isle, Maine.