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OFFICIAL RULES 1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. 2. Eligibility. Subject to the additional restrictions below, the Winterberry Gardens “The $10,000 Ultimate Backyard Makeover” Contest (the “Sweepstakes”) is open to residents of the state of Connecticut who are 18 years or older at the time of entry. Employees of WPLR 99.1 FM, WEZN STAR 99.9 FM, Cox Media Group (“Sponsor”), Winterberry Gardens located at 2070 West Street in Southington CT, and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term “family members” includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live. 3. How To Enter. The Sweepstakes will begin at 12:01 a.m. (E.T.) on Friday April 6, 2012 and end at 11:59 p.m. (E.T.) on Thursday June 7, 2012 (the “Sweepstakes Period”). Sponsor will be the official timekeeper for the Sweepstakes. Enter by going to www.wplr.com or www.star999.com anytime during the contest period and find the contest page for Winterberry Gardens “The $10,000 Ultimate Backyard Makeover” Contest. Then entrants will enter to win logging into the Member Center and then providing all information asked for on the contest page (the entrants full name, address, gender, town, zip code, email address, phone number and date of birth), followed by submitting one (1) photo of their backyard and following all posted instructions (clicking the “Submit” button). Note: Additional entries will be randomly drawn from entries without photos to participate in the grand prize drawing. Subject to compliance with the eligibility and other requirements of these Official Rules one (1) entrant will be randomly selected in a “random selection” elimination drawing, and will be declared the winner. By participating in the Sweepstakes, you agree to be bound by Sponsor’s Visitor Agreement and Privacy Policy http://www.wplr.com/privacy_policy/ and http://www.star999.com/privacy_policy/ which are hereby incorporated by reference. Maximum one (1) entry per person and per email address during the Sweepstakes Period. The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically-reproduced, lost, late, misdirected, garbled or illegible entries will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Sweepstakes application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Sweepstakes eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Sweepstakes. 4. Winner Selection and Odds. One (1) Grand Prize Winner shall be selected in a “random selection” elimination drawing from entrants that are present from all eligible entries received on or about Saturday June 9, 2012 at Winterberry Gardens located at 2070 West Street in Southington Connecticut. Entrants will be picked from among ALL eligible Winterberry Gardens “The $10,000 Ultimate Backyard Makeover” Contest on line entrants in the contest period from Thursday April 5, 2012 through Thursday June 7, 2012 present and attending the drawing. Contestants must be physically present at the Grand Prize drawing to win. No nominees, designees or substitutes shall be permitted. The Grand Prize winning selection will start at or around 3:00 pm with a sign in procedure where all entrants will be qualified by showing a valid government-issued photo ID. This grand prize winner registration will last approx. 45 minutes. Each person will be given a number upon sign in. After the grand prize registration is closed, entrants will be told to get in line in the order of the number they received at sign in. After entrants are lined up they will be instructed to pick one (1) envelope from the contest bin. The letter they chose will say “Congratulations you move on” or “thanks for your participation. Please pick up a parting gift”. There will be a total of twenty-five (25) entrants that will move on to the next round. Round 2 will again involve the entrants lining up and picking one envelope from the contest bin. The letter they chose will say “Congratulations you move on” or “Thanks for your participation please pick up your parting gift”. There will be a total of twelve (12) entrants that will move on to the next and final round. Round 3 will again involve the entrants lining up and picking one envelope from the contest bin. The letter they chose will say “Congratulations you move on” or “Thanks for your participation please pick up your parting gift”. There will be a total of four (4) entrants that will move on to the next and final round. Before the Grand Prize Winner selection round, the four (4) remaining entrants will be lined up in the order of the number they received at the registration. They will then be instructed to pick one (1) of four envelopes. Inside each of these (4) envelopes will be a number (1-4). This will determine the order that they pick the next and final set of envelopes. At the final Grand Prize Winner selection round, the four (4) remaining entrants will be lined up in the order of the number they selected in the previous round. They will then be instructed to pick one (1) of four envelopes, three (3) of the four (4) letters in the envelopes will say “Thanks for your participation please pick up your parting gift” and one (1) will say “Congratulations you just won the Winterberry Gardens “The $10,000 Ultimate Backyard Makeover” Contest. The Grand Prize Winner will be required to complete and sign an Affidavit of Eligibility, a Liability Release and, where legal, a Publicity Release, and any other documentation that WPLR, WEZN and Winterberry Gardens may require. WPLR and WEZN must be in receipt of these documents within five (5) business days. In all cases, WPLR and WEZN reserves the right to request proof of residency and age, and a winner will be deemed to have forfeited the prize if WPLR, WEZN, in its sole discretion, finds that the proof is unsatisfactory. 5. Prize Description. One (1) Grand Prize: Subject to verification of eligibility and compliance with these Official Rules, One (1) Grand Prize Winner will receive one (1) $10,000.00 (Ten Thousand Dollars and zero cents) backyard makeover courtesy of Winterberry Gardens located at 2070 West Street in Southington CT (“ARV”) <= $10,000.00. All other expenses not specified above as part of prize package are the sole responsibility of winner. The grand prize has a total retail value of over $10,000.00 dollars. Sponsor is not responsible for, and will not replace, lost, mutilated, vouchers, or certificates. Backyard must not have any personal items in it while work is in progress. All prior water conditions must be addressed before construction at owners expense. All taxes are the responsibility of the winner and they must address that with their accountant. Winterberry Gardens has final say on layout of the backyard. Any existing conditions not brought to Winterberry Gardens attention we cannot be held liable. Customer must use only Winterberry Gardens sub-contractors. Winner must be the owner of the house that is being refinish. Winterberry Gardens has the right to dictate start date due to scheduling conflicts. Other restrictions may apply. One (1) Weekly Prize: Subject to verification of eligibility and compliance with these Official Rules, One (1) Weekly Prize winner will be drawn from ALL entries and will receive one (1) Fifty ($50.00) Winterberry Gardens Gift Card valid at Winterberry Gardens, located at 2070 West Street in Southington CT (“ARV”) <= $50.00. Sponsor is not responsible for, and will not replace, lost, mutilated, vouchers, or certificates. Limit: One (1) weekly prize per person and per household. 6. Winner Notification and Acceptance. Potential winner(s) will be notified on or about Saturday June 9, 2012 at the telephone number and/or email address provided on the potential winner’s entry form. In order to claim a prize, potential winner must respond to Sponsor’s notification within 12 calendar day (weekdays) of notice or attempted notice. To claim his/her prize, the potential winner must personally visit Sponsor’s offices at 440 Wheelers Farms Road Suite 302 Milford, Connecticut 06461 after notification (office visits must be between the hours of 9:00am (E.S.T.) and 5:00 p.m. (E.S.T.) (weekdays) and must present a valid government-issued photo ID. Potential winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law). Sponsor’s inability to reach a potential winner after a reasonable (as solely determined by Sponsor) effort has been made, the failure of a potential winner to timely respond to a prize notification, the return of any prize notification as undeliverable, and/or a potential winner’s failure to comply with any term or condition of these Official Rules may, in Sponsor’s sole discretion, result in the potential winner’s disqualification and the selection of a substitute winner by a random drawing from among all remaining eligible entries received during the Sweepstakes Period. Sponsor will conduct up to one (1) alternate drawing, after which the prize will remain un-awarded. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY. A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor. 7. Publicity. Except where prohibited, acceptance of any prize constitutes the winner’s irrevocable consent to the publication or other use by Sponsor and its licensees of his or her name, biographical information and likeness in any media, including the Internet, for any commercial, publicity or promotional purpose, without limitation, review or approval, or additional compensation. 8. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Sweepstakes judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor. 9. Release. BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS SPONSOR, COX MEDIA GROUP, INC., COX ENTERPRISES, INC., Winterberry Gardens located at 2070 West Street in Southington CT, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE SWEEPSTAKES; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE SWEEPSTAKES OR ANY PRIZE. 10. Limitations of Liability. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING www.wplr.com THE PRIZE(S), ARE PROVIDED “AS IS” AND THAT SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE PRIZE(S) AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING OR PRODUCTION ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR EMPLOYED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES, THE PROCESSING OF ENTRIES, OR THE NOTIFICATION OF ANY WINNER; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prizes by a random drawing among all legitimate eligible prize claims. 11. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 12. Sponsor. The Winterberry Gardens “The $10,000 Ultimate Backyard Makeover” Contest is sponsored by Cox Media Group Inc., WPLR 99.1 FM, WEZN STAR 99.9 FM and Winterberry Gardens located at 2070 West Street in Southington CT. The decisions of Sponsor regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Sweepstakes. For a list of winners (available after June 11, 2012) or a copy of these Official Rules, visit www.wplr.com, www.star999.com or send a self-addressed, stamped envelope to “Winners List/Official Rules” (as applicable), Winterberry Gardens “The $10,000 Ultimate Backyard Makeover” Contest, 440 Wheelers Farms Road Suite 302 Milford, Connecticut 06461. If you have any questions regarding this Sweepstakes, please contact the WPLR 99.1 FM Promotions & Marketing Department at 440 Wheelers Farms Road Suite 302 Milford, Connecticut 06461.
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