Charlottesville Daily Progress
Readers’ Choice 2016
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE OR NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. Employees of the Charlottesville Daily Progress and its affiliates which are owned by BH Media Group, Inc. ("Sponsor"), and members of their immediate families (spouse, parents, children, and siblings and their spouses) are eligible to vote but are not eligible to win prizes (if any) associated with this Contest. Void where prohibited.
2. Agreement to Official Rules. By participating in the Charlottesville Daily Progress Readers’ Choice 2016 (also referred to as the “Contest” or “Promotion”), participant fully agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Failure to comply with the Official Rules will result in disqualification from the Promotion. This Contest is not intended to be used for gambling purposes. If it is determined that a participant is using the Contest for gambling purposes, that participant will be disqualified.
3. Eligibility. Voting under this Promotion is open to United States residents who reside within sixty (60) miles of the Charlottesville Daily Progress office located at 685 West Rio Road, Charlottesville, Va. 22901, who are the age of majority in their state of residence at the time of participation, and who have the capacity to enter into legally binding contracts and satisfy all eligibility requirements. Nominated business contestants are only eligible to participate in the Promotion if they have a physical storefront within sixty (60) miles of the Charlottesville Daily Progress office located at 685 West Rio Road, Charlottesville, Va. 22901.
4. Nomination and Voting Process. Participants may nominate business contestants 12:00 PM May 22, 2016 through 7:00 PM June 5, 2016. Voting begins at 12:00 PM June 8, 2016 and ends at 7:00 PM June 22, 2016. Visit http://dailyprogress.secondstreetapp.com/CDP--Readers-Choice-2016/ to nominate businesses and to cast your votes. Entries are only accepted online. No paper ballots will be accepted.
Only one vote per valid and active email and IP address per person per day, per sub-category is allowed. All ballots must include name, address, email address and telephone number and must have a minimum of ten (10) entries to be counted. All online voting requires a valid registration which satisfies these Official Rules. Registration and voting is completed through a third party vendor, UPickem Inc. Only one (1) registration per person. Registration requires a valid and active e-mail address. If a business contestant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, Sponsor reserves the right to disqualify the entrant in its sole discretion. Any participant suspected of using a proxy for voting, concealing one’s true identity, registering in the name of a fictitious person or registering in the name of a real person without such person’s authorization will be disqualified. All registration information submitted by voters to the Promotion must be valid. In the event UPickem or the Sponsor believes a registration was not valid or violated these rules, any votes related to such registration will be disqualified. Automated voting is not allowed and such votes will be disqualified. Any individual or organization found employing third-party resources, whether domestic or abroad, for the purpose of creating multiple registrations or generating votes in violation of these rules, either automatically or manually, will be immediately disqualified. Votes may not be sold, bought or paid for. All registration and voting must follow these Official Rules.
5. Best of Winners. Winners will be determined by the total number of votes received during the voting period. The business contestants that receive the most, second most, and third most votes in a category will be the First, Second and Third place winner, respectively, for that category and will be published in the 2016 Charlottesville Daily Progress Readers’ Choice publication in July 2016. In the event of a tie, the tying businesses will all receive the award. All prizes are non-transferable. No cash or other substitutions are allowed.
6. Business Winners List. Business winners in each category of the Promotion will be published in the 2016 Charlottesvile Daily Progress Readers’ Choice Tabloid on or about July 24, 2016. An online edition of this tabloid will also be posted to the DailyProgress.com website.
7. General Conditions. By participating in the Promotion, participants agree to comply with and to be bound by the Official Rules and by all interpretations of the Official Rules by the Sponsor. Decisions of Sponsor shall be final in all matters relating to the Promotion.
Sponsor reserves the right to substitute any prize with another prize of equal or greater value. Prizes are non-transferable. Each winner is responsible for all federal, state and local taxes and may be required to complete an IRS form W-9. Sponsor reserves the right to withhold prizes until a completed form W-9 is received.
If a dispute arises regarding who submitted an entry, the entry will be deemed submitted by the person in whose name the entry was made.
Odds of winning depend upon the number of eligible entries. The Sponsor reserves the right to withdraw the transmission of the Promotion and award the prize from among the eligible entries received prior to the date of the withdrawal. Entrants agree to abide by these Official Rules. Failure to comply with these rules may result in disqualification from this Contest. The Sponsor reserves the right to permanently disqualify from this Contest any person they believe has violated these Official Rules.
A participant grants to the Sponsor and its affiliates the right to use and publish his/her proper name and address online and in print, or any other media, in connection with the Contest. By accepting a prize, a winner grants the Sponsor the right to use his or her name and likeness for advertising and promotional purposes without further compensation. Participants agree (a) to release and hold the Sponsor and all of its respective officers, directors, employees, representatives and agents harmless from any and all liability for any injuries, losses or damages of any kind, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Contest; (b) that under no circumstances will participants be permitted to obtain awards for any punitive, incidental or consequential damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of- pocket costs incurred, excluding attorneys' fees and court costs.
8. LIMITATIONS OF LIABILITY: By participating in this Contest, each participant assumes all liability for any injury or damages caused or claimed to be caused by participation in the Contest and/or the acceptance and/or use of any prize and releases the Sponsor from any such liability. The Sponsor is not responsible for Internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God, lost, late, misdirected, postage-due, unintelligible, returned, undelivered entries or email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Contest or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website's terms of service, as solely determined by the Sponsor, will be disqualified. The Sponsor is not responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like methods of play will void all such plays, and may subject that participant to disqualification. The Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her submissions) who tampers with the submission process. The Sponsor is not responsible for injury or damage to participant's or any other person's computer or property related to or resulting from participating in this Contest. Should any portion of Contest be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupts or impairs administration, security, fairness or proper operation of this Contest, the Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest.
IN NO EVENT SHALL THE SPONSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. IN ANY EVENT THE MAXIMUM AGGREGATE LIABILITY OF SPONSOR TO ANY PERSON DIRECTLY OR INDIRECTLY RELATING TO THIS CONTEST, THE PRIZES, OR USE OR ENJOYMENT OF ANY PRIZE SHALL NOT EXCEED THE SUM OF $10.00.
By entering this contest, each entrant agrees that (i) any and all disputes, claims, and causes of action arising out of or in connection with the drawing or the prize awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs, directly or indirectly associated with entering this contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to, any damages other than actual out-of-pocket expenses.
The Contest and the rights and obligations of the Sponsor and participants associated therewith will be governed and controlled by the laws of the State of Virginia, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings, and litigation relating to the Sponsor in connection with this Contest will be instituted and prosecuted solely within Charlottesville, VA, and the parties consent to the jurisdiction of the state and federal courts located within Charlottesville, VA. Participants in the Contest hereby waive any right to jury trial relating to this contest against the Sponsor. With respect to any claim against Sponsor relating to this Contest or any prize, any acceptance, possession or use of any prize, valid service of process and proper filing of any claim in a court of competent jurisdiction must occur within three (3) months of the date such claim accrued, or such claim shall be forever waived, barred and discharged.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9. Sponsor. The decisions of the Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding on all persons in all respects. The Sponsor is not responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the contest.
10. Notice. Charlottesville Daily Progress, dailyprogress.com, and the Charlottesville Daily Progress logo, are respective trademarks of BH Media Group, Inc. and are registered in the U.S.