Bluegrass Cellular’s Battles in the Bluegrass Contest
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO HIGH SCHOOLS IN THE COUNTIES SPECIFIED BY BLUEGRASS CELLULAR. VOID WHERE PROHIBITED.
1. How to Enter: Beginning on 9:00 a.m. Eastern Time (“ET”) on September 14, 2020 until 5:00 p.m. Eastern Time (“ET”) on September 25, 2020 (the “Entry Period”), you may enter by nominating an eligible high school (each, a “Nominee”) in the Battles in the Bluegrass contest (the “Promotion”) by filling out all required information, following all instructions, and submitting an entry form at https://bluegrasscellular.com/battles (the “Website”) during the Entry Period.
Limit of one (1) entry on a Nominee’s behalf, per nominator, during the Entry Period. However, a nominator can nominate multiple Nominees. If multiple entries are submitted by the same person for the same Nominee, only the first entry will be accepted, and additional entries will be disqualified. Any attempt by a person to obtain more than the allowable number of entries by using multiple/different email addresses, accounts, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All entries submitted in accordance with these Official Rules shall be collectively referred to herein as the “Eligible Entries.”
These official rules are also available on the Website at https://bluegrasscellular.com/battles/official-rules.
2. Eligibility: This Promotion is only open to high schools in the following Kentucky counties: Adair, Allen, Anderson, Barren, Breckinridge, Butler, Casey, Clinton, Cumberland, Edmonson, Green, Hancock, Hardin, Hart, Larue, Logan, Marion, McCreary, McLean, Meade, Mercer, Metcalfe, Monroe, Muhlenberg, Nelson, Ohio, Russell, Simpson, Spencer, Taylor, Todd, Warren, Washington, Wayne.
4. How Winners Will Be Determined:
Contestant Drawing: On September 28, 2020, eight (8) Nominees (each a “Contestant”) will be randomly drawn from Eligible Entries received during the Entry Period. From September 28, 2020 through October 2, 2020, Sponsor will verify eligibility of the Contestants and notify them of their status once verified. Each Contestant will be required to email email@example.com the school logo and/or mascot to be eligible to participate in the Promotion. If a selected Contestant is deemed ineligible or cannot be reached within two (2) days of first notification attempt, another Contestant will be drawn.
Each Contestant confirmed by Sponsor to be eligible and to have an Eligible Entry associated with it will be matched up against another Contestant via a video (each, a “Match”) posted to Bluegrass Cellular’s Facebook page and set an applicable voting period for the First Round (“First Round Voting Period”), as defined below:
The Nominee from each Match that receives the most verified votes during the First Round Voting Period will advance to the Semi-Final Round as a semi-finalist (each a “Semi-Finalist”).
Semi-Final Round: Each Semi-Finalist Match will be posted to Bluegrass Cellular’s Facebook page to be voted on during the Voting Periods listed below (“Semi-Final Voting Period”). The Semi-Finalists will be matched up as follows: (i) the First Round Match #1 Semi-Finalist will be matched against the First Round Match #2 Semi-Finalist, and (ii) the First Round Match #3 Semi-Finalist will be matched against the First Round Match #4 Semi-Finalist.
The Semi-Finalist from each Semi-Finalist Match that receives the most verified votes during the Semi-Final Voting Period will advance to the Final Round as a finalist (each a “Finalist”).
Final Round: The Final Match will again be posted to Bluegrass Cellular's Facebook Page to be voted on during the Voting Period listed below (“Final Voting Period”). The Finalist that receives the most verified votes during the Final Voting Period will be the Grand Prize Winner (the “Grand Prize Winner”).
The Grand Prize Winner will be notified by email, telephone, and/or overnight mail delivery on or around October 30, 2020, to be determined by Sponsor.
Dates and times are subject to change. Bluegrass Cellular reserves the right to alter the above schedule or remove a Match or any Nominee at its sole discretion and without advance notice.
Public Voting: To cast a valid vote, in any round, users must follow the instructions included in the Bluegrass Cellular Facebook post that relates to the Match (votes will be cast using the "Reaction" feature on Facebook). Limit of one (1) vote per user per Match. Each "Reaction" properly submitted in favor of a Nominee during the applicable Voting Period will count as one (1) vote. Nominees and their employees, agents, and any other entity acting on Nominee’s behalf, are prohibited from soliciting votes by any fraudulent or inappropriate means, including, without limitation, offering prizes, payments or other inducements to members of the public (including, without limitation, offering to trade votes), as determined by Bluegrass Cellular in its sole discretion, and all associated votes may be void and such votes disqualified. Any attempt by a person to obtain more than the allowable number of entries by using multiple/different email addresses, accounts, identities, registrations or logins, or any other methods may void that person’s votes and the person may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all votes Bluegrass Cellular determines, at its sole discretion, to have resulted from the use of such method. Ties will be broken based on an equitable method determined by Sponsor at its sole discretion. All results are unofficial until verified by Bluegrass Cellular. Sponsor’s decisions with respect to the Nominees, voting, prize winners, and other matters pertaining to the Promotion shall be final.
5. Grand Prize: There will be one Grand Prize Winner that will receive the following (the “Grand Prize”): $5000 (presented in the form of a check).
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the respective Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility.
Grand Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value.
6. Prize Conditions: The Grand Prize Winner may be required to sign an affidavit of eligibility, and return same, properly executed, within ten days of issuance of prize notification. If Bluegrass Cellular is unable to contact the Grand Prize Winner within three (3) days from first notification attempt, if the Grand Prize Winner fails to complete and return all requested forms by the specified date, or if the Grand Prize Winner fails to comply with any of the requirements, its prize may be forfeited.
7. Conditions of Entry: Entry materials and/or votes that have been improperly submitted are void. If Bluegrass Cellular reasonably believes there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, Bluegrass Cellular reserves the right at its sole discretion to disqualify any Participating High School that engaged in or had knowledge of such tampering, to void any tampered or fraudulent votes in favor of that Participating High School, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prize using all eligible, non-suspect votes received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the official Website. CAUTION: ANY ATTEMPT BY A NOMINEE TO DELIBERATELY DAMAGE THE OFFICIAL BLUEGRASS CELLULAR WEBSITE OR FACEBOOK PAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BLUEGRASS CELLULAR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. Limitations of Liability: Bluegrass Cellular Inc., Kentucky RSA #3 Cellular General Partnership, Kentucky RSA #4 Cellular General Partnership, Cumberland Cellular Partnership, Bluegrass Wireless LLC, Bluegrass Network LLC, and Bluegrass Telecom LLC (collectively, “Bluegrass Cellular” or “Sponsor”), and any other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due or any combination thereof. Proof of mailing or online submission is not considered proof of delivery or receipt. By entering and/or participating in the Promotion, you agree to release, discharge, indemnify, defend, and hold harmless the Promotion Entities, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or 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 acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the Grand Prize Winner's acceptance of the prize constitutes permission for the Promotion Entities to use said winner's name, photograph, likeness, statements, biographical information, voice, and city and state address on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of you or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the Commonwealth of Kentucky. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Hardin County, Kentucky, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the Commonwealth of Kentucky. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD-PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
10. Winner’s List: Beginning on or about one week after the Grand Prize Winner has been chosen, you may obtain the name of the Grand Prize Winner by going to the Website or contacting Sponsor.
11. Sponsor: Bluegrass Cellular, operator of the Promotion, 2902 Ring Road, Elizabethtown, Kentucky 42701.
12. Administrator: Bluegrass Cellular, operator of the Promotion, 2902 Ring Road, Elizabethtown, Kentucky 42701.