Saturday, Dec. 13, 2008

Bowl Pick'em official rules

1. HOW TO ENTER: NO PURCHASE NECESSARY: The State’s College Bowl Pick’em ("Promotion") begins at 12:01 a.m. (EST) on Monday, December 15, 2008, and ends at 5:00 p.m. (EST) on Friday, December 19, 2008 ("Promotion Period"). Online Entries Only: Beginning Monday December 15, 2008, at 12:01 a.m. (EST), thestate.com members may access the Promotion website at http://www.thestate.com/bowlpickem/. You must complete all required fields on the registration form with accurate information, and you must provide a valid and current South Carolina home address. At http://www.thestate.com/bowlpickem/, follow the online instructions to register for the Promotion and to select your picks for each of the 34 bowl games listed (“Pick”); then, make your best guess for the combined score of the BCS NATIONAL CHAMPIONSHIP® game (Florida vs. Oklahoma) (“Bonus Score”). For each correct Pick, you will receive two points. The Bonus Score will be worth 1 point for an exact match. In the event that Sponsor receives two or more entries that score exactly the same number of winning Picks, but do not receive a point for getting the Bonus Score, the winners will be determined by the entry that comes closest to, without going over the combined final score of the BCS NATIONAL CHAMPIONSHIP game. The Selected Entrants (defined below) with the highest point totals will be eligible to win the prizes set forth below. Incomplete, illegible, false or deceptive entries are void. ONLY ONE ENTRY PER NATURAL PERSON DURING THE PROMOTION PERIOD WILL BE ACCEPTED. All entries must be received by 5:00 p.m. (EST) on Friday, December 19, 2008. Neither The State, thestate.com, nor The McClatchy Company (“McClatchy”) (collectively, the “Sponsor”) will verify receipt of entries. All entries submitted become the sole property of the Sponsor and will neither be acknowledged nor returned.

2. ELIGIBILITY: You must be 18 years of age or older and reside in South Carolina (the “Territory”). Entrants must have a valid and current South Carolina home address within the Territory. Promotion is void outside of the Territory and where restricted or prohibited by law. Employees, officers, directors, agents, representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion.

3. DRAWING AND NOTIFICATION: The potential winners (“Selected Entrants”) will be selected according to the terms in Section 1 on or about January 10, 2009. Odds of winning a prize depend on the number of eligible entries received. The Selected Entrants will be notified by email only. Failure by the Selected Entrants to respond to such notification within seventy two (72) hours, as determined by Sponsor in its absolute and sole discretion, may result in disqualification of the Selected Entrant and an alternate Selected Entrant will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate Selected Entrant, if any. In the event of a dispute about the identity of an entrant, each entry will be declared made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. With respect to each winning entry, the Selected Entrant may be required to provide proof that he or she is the authorized account holder of the email address associated with the winning entry.

4. PRIZES: One Grand Prize. The Grand Prize will consist of one (1) HDTV Flat Screen television (“Grand Prize”) from Upstairs Audio & Video, 746 Harden St, Columbia, SC 29205, with an approximate retail value of $1500.00. Grand Prize shall be made available for pick-up at Upstairs Audio & Video, 746 Harden St, Columbia, SC 29205. Sponsor shall not be responsible for delays in delivery of the Grand Prize. Selected Entrant must personally retrieve the Grand Prize within thirty (30) days of notification and must present adequate personal identification at the time of pick-up (or an alternative winner may be selected and the original Selected Entrant’s rights to the Grand Prize shall be automatically forfeited). Selected Entrant will be issued an IRS form 1099. The Grand Prize is a taxable event.

One Second Place Prize. Second Place Prize consists of a seven (7) Night Stay at a Florida Condo Resort for Selected Entrant and up to three (3) friends (“Friends”) provided by Condos by Cirata, 18131 Gulf Blvd., Redington Shores, FL 33708. Total average retail value (“ARV”) of Second Place Prize is $1500.00. All prize details are at Sponsor’s sole discretion and exact prize details will be provided at time of Selected Entrant’s notification. Friends of Selected Entrant will each be required to execute and return a liability/publicity release prior to the Second Place Prize award. Any and all activities related to the Second Place Prize are at the Selected Entrant’s and Friends’ own risk and subject to whatever restrictions are imposed by the Sponsor. Selected Entrant is responsible for all federal, state and local taxes as well as any other costs and expenses associated with Second Place Prize acceptance and use not specified herein, including, but not limited to, transportation to and from the Florida Condo Resort. Second Place Prize winner must contact Sponsor no later than three (3) weeks following the final determination of Selected Entrant as Second Place Prize winner in order to make reservations for the prize. Sponsor reserves the right to alter the reservation to accommodate availability of the facility and staff of Second Place Prize location. Prize may be awarded in the form of voucher(s), coupon(s) and/or gift card(s) in Sponsor’s sole discretion. Selected Entrant will be issued an IRS form 1099. The Second Place Prize is a taxable event.

One Third Place Prize. Third Place Prize consists of a selection of tailgate party supplies provided by Jewelry Warehouse, 2909 Platt Springs Rd., West Columbia, SC 29170. Total average retail value (“ARV”) of Third Place Prize is $300.00. All Third Place Prize details are at Sponsor’s sole discretion and exact prize details will be provided at time of Selected Entrant’s notification. Third Place Prize shall be made available for pick-up at Jewelry Warehouse, 2909 Platt Springs Rd., West Columbia, SC 29170. Sponsor shall not be responsible for delays in delivery of the Third Place Prize. Selected Entrant must personally retrieve the Third Place Prize within thirty (30) days of notification and must present adequate personal identification at the time of pick-up (or an alternative winner may be selected and the original Selected Entrant’s rights to the Grand Prize shall be automatically forfeited). Selected Entrant will be issued an IRS form 1099. The Grand Prize is a taxable event.

The Approximate Retail Value (“ARV”) of all prizes is $3,300.00. Selected Entrants are not entitled to any surplus between actual retail value (“ARV”) of a prize and stated ARV, and any difference between stated ARV and actual value of a prize will not be awarded. No substitution, transfer, or cash redemption of a prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Selected Entrants are solely responsible for all federal, state, and local taxes on their prize and other unspecified expenses related to the prize. All activities related to the prize are at the Selected Entrants’ own risk and subject to whatever restrictions are imposed by the entities that govern the activities. Prize(s) will be awarded, subject to the limitations stated in these official rules. Retail value of all prizes is approximate and Selected Entrant is entitled only to the prizes as described above, regardless of ultimate prize value. Selected Entrant cannot assign or transfer his or her prize to another person. Prizes are not redeemable for cash under any circumstances. All prizewinners, including Grand Prize Winner shall be responsible for all taxes, license, title and registration fees or other costs not specifically outlined herein. Any discrepancy between actual cost of Grand Prize Vehicle and retail value is not redeemable for cash or credit and may not be used by Selected Entrant to pay any costs, including without limitation, fees, costs, taxes, license, title or registration. Sponsor will not replace any lost or stolen prize or prize component(s) once in the possession or control of the prize recipient.

5. PRIZE CONDITIONS: Except where prohibited, Selected Entrant will be required to execute a Declaration of Eligibility, a Liability and Publicity Release, and, if necessary, a Tax Acceptance Form ("Affidavit/Release"). If the Selected Entrant fails to sign and return such documents in a timely fashion, or if the Selected Entrant is found to be ineligible, or if the Selected Entrant does not comply with the Official Rules, then the Selected Entrant will be disqualified and an alternate Selected Entrant will be selected. Selected Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability that might arise from redeeming or seeking to redeem said prize. All federal, state or other tax liabilities (including income taxes) arising from this Promotion will be the sole responsibility of each winner. Except where prohibited by law, the Selected Entrant’s entry and acceptance of the Prize constitutes permission for Sponsor and/or any Promotion Entities to use winners’ name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Promotion and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. All entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by the Selected Entrant also are subject to verification prior to awarding of prizes.

6. PROMOTION CONDITIONS: VOID WHERE PROHIBITED. This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor, and waive any right to claim ambiguity in the Promotion or these Official Rules. Winner and entrants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion, or (ii) printing, distribution or production errors. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. Neither sponsor nor the Promotion Entities make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability or fitness for a particular purpose (unless sponsor provides the prize winner with written warranties). Further, no responsibilities are accepted for any additional expenses, omissions, delays or acts of any government or authority.

7. RESTRICTIONS: The prizes consist of only what is specifically described as part of the Prizes. Sponsor may at Sponsor's sole and absolute discretion provide different prizes of equal or greater value. Sponsor shall not be liable to any winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control.

8. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error, including typographical errors, which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of the Promotion and to select a potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Caution: any attempt by an entrant to deliberately damage the website or undermine the legitimate operation of the Promotion may be in violation of criminal and civil laws and should such an attempt be made, sponsor reserves the right to seek civil and/or criminal prosecution and damages (including attorneys' fees) from any such entrant to the fullest extent of the law.

9. JURY TRIAL WAIVER: Except as prohibited by law and as a condition of participating in this Promotion, entrant hereby waives any right he/she may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Promotion, any document or agreement entered into in connection herewith and any of the transactions contemplated hereby or thereby.

10. PRIVACY POLICY AND TERMS OF USE: By entering this Promotion, each entrant acknowledges and agrees that: (i) the entrant has opted-in to the sponsor’s privacy policy on the Promotion entry page; and (ii) by opting-in, the entrant has read and consents to the sponsor’s privacy policy and terms of use. Each entrant further acknowledges that if he/she is chosen as a winner, certain of his/her identifying information may be disclosed to third parties at least as required by law including, without limitation, on a winners' list. All personal information collected by Sponsor will be used for administration of the Promotion. In addition, entrants may receive email correspondence from, or on behalf of the Sponsor or promotional partners, subject to the Sponsor’s privacy policy. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy located at http://www.thestate.com/privacy_policy/ for important information regarding the collection, use and disclosure of personal information by Sponsor.

11. RULES/WINNER(S) LIST: For a copy of the Official Rules log onto http://www.thestate.com/bowlpickem/ or for the name and address of the prize winner, log onto http://www.thestate.com/bowlpickem/. Winners list becomes available after completion of Promotion. ANY MAIL-IN REQUESTS SUBMITTED WILL BE AUTOMATICALLY DESTROYED WITHOUT OPENING.

12. SPONSORS: The State, P.O. Box 1333, Columbia, SC 29202-1333 and the McClatchy Company, 2100 Q Street, Sacramento, CA 95816-6899.

13. PROMOTIONAL CONSIDERATION: Promotional consideration provided by: Grand Prize provided by Upstairs Audio & Video, 746 Harden St, Columbia, SC 29205. Second Place Prize provided by Condos by Cirata, 18131 Gulf Blvd., Redington Shores, FL 33708. Third Place Prize provided by Jewelry Warehouse, 2909 Platt Springs Rd., West Columbia, SC 29170.

© 2008 The McClatchy Company. All Rights Reserved.

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