CUTEST KIDS CONTEST 2008

OFFICIAL RULES

1. All Entrants must be parents or legal guardians of a minor child born on or after January 1, 2004 and a legal resident of Tennessee or the Commonwealth of Virginia at the time of entry to participate or win.  Other restrictions apply.
2. Contest is subject to all federal, state and local laws.  Void where prohibited by law.  By entering, Entrants agree to these Official Rules.
3. One (1) First Place Winner. Twelve (12) Runner-Up Winners.  Limit one (1) award per person.  Awards have no retail or cash value of any kind.
4. Contest begins on August 11, 2008 at 12:01 p.m. EDST, and ends on October 26, 2008 at 5:00 p.m. EDST.   Entries will be accepted between August 11, 2008 and September 5, 2008.  Final entry deadline is September 5, 2008 at 5:00 p.m. EDST.  Public voting begins on September 15, 2008 at 12:01 p.m. EDST, and ends on October 26, 2008 at 5:00 p.m. EDST.  Final voting deadline is October 26, 2008 at 5:00 p.m. EDST.
5. The geographic scope of this promotion is the Tricities area and southwest Virginia. The sponsors of this Sweepstakes are Media General Operations, Inc. d/b/a WJHL-TV, TriCities.com, SWVAToday.com, the Bristol Herald Courier and Mountain States Health Alliance (collectively “Sponsors”).

AWARDS

1. One (1) First Place Winner will be featured on the cover of the “2009 Cutest Kids” calendar (“the Calendar”).  Award has no retail value ($0.00).
2. Twelve (12) Runner-Up Winners will be featured in one of the twelve months inside the Calendar. Award has no retail value ($0.00).
3. Entrants with (100) or more votes will be depicted in the Calendar on a “Daily Calendar Square.” Award has no retail value ($0.00).
4. Winners are solely responsible for all expenses unspecified above that are associated with the appearance of their child on or in the Calendar, except that, with respect to the First Place Winner and the Runner Up Winners, Sponsors will provide the services of a professional photographer to take the child’s picture for the Calendar. Other restrictions apply. No more than the stated number of awards will be announced. In the event that production, technical, programming or any other reasons cause more than the stated number of awards as set forth in these Official Rules to be available and/or announced, Sponsors reserve the right to announce only the stated number of awards by selecting from among all legitimate, unawarded, eligible award claims using the same judging criteria used herein. 
5. If any of the potential winners fail to meet any eligibility requirement herein, alternate winners will be chosen using the same selection criteria as soon as reasonably practicable after initial winners are determined to be ineligible.  Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.

ELIGIBILITY

1. All Entrants must be at least eighteen (18) years old and legal residents of the Tri-Cities viewing area of Tennessee or Virginia and their entry photos must depict a child born on or after January 1, 2004 at the time of entry.   All Entrants must be the parent or legal guardian of the child depicted in their entry photos
2. Employees of Media General Operations, Inc., d/b/a WJHL-TV, TriCities.com, SWVAToday.com, Bristol Herald Courier and Mountain States Health Alliance, and of the affiliates, subsidiaries, distributors, suppliers, franchisees, advertisers, promoters, and agents of any of these, and the immediate families (defined as spouse, parents, siblings or children) of the employees of any of these, are not eligible to enter

TO ENTER

13. Entries will be accepted beginning August 11, 2008 at 12:01 p.m. EDST and ending September 5, 2008 at 5:00 p.m. EDST (“Entry Period”). All entries must be accompanied by a $10.00 entry fee.  There are two ways to submit your entry:

1. Log onto www.tricities.com and complete an online entry form with the following required information: (i) the name of the child whose photo you are submitting for the contest (“Your Child”), (ii) your name, (iii) your address, (iv) your telephone number, (v) your e-mail address, (vi) Your Child’s date of birth, (vi) a photograph of Your Child; and (vii) the name of any other person whose face is depicted in the entry photograph. Submit your entry and confirm your electronic payment online of the $10.00 entry fee. 

2. Log onto www.tricities.com and print an official entry form. Complete the entry form and hand-deliver or mail your completed entry form along with your $10.00 entry fee to Cutest Kids Contest, c/o Bristol Herald Courier, Post Office Box 609, Bristol VA 24203, with the following required information: (i) the  name of Your Child whose photo you are submitting for the contest, (ii) your name, (iii) your address, (iv) your telephone number, (v) your e-mail address, (vi) Your Child’s date of birth, (vi) a photograph of Your Child; and (vii) the name of any other person whose face is depicted in the entry photograph.  

14. Entrants who fail to provide any of the information required above will not be eligible to win and will not be notified by Sponsors.   Limit one (1) entry per child. All entries, including all photographs submitted, become the property of Sponsors and will not be returned or acknowledged.  To be eligible, all entries (regardless of the method of entry) must be received by Sponsors no later than September 5, 2008 at 5:00 p.m. EDST.  

15. Entry Photographs must be at least 2 inches wide and if digital must be at least 300 dpi. Photographs must be original and unpublished. Do not submit copyrighted photographs.  Please limit digital photos to JPG files only, maximum size 1 MB per photo.  Online submissions are only complete when the confirmation box alerts you that your submission has been successfully uploaded. Photos may not be digitally altered or enhanced, except that images may be cropped and rotated as necessary.  No watermarks, signatures, or copyright notices may be added to the images.  Any individuals whose faces are shown in your Entry Photograph must give written permission for the use of their image. 

16. By submitting a photograph, Entrants grant permission for the photograph to be published and/or broadcast by Sponsors and to be publicly displayed on the web sites of Sponsors (including without limitation www.tricities.com) and to be published in the Calendar, without compensation to the Entrant or Your Child. In addition, by submitting a photograph, Entrants warrant that they are legally entitled to submit the photograph in the Contest and that its use by Sponsors as permitted above will not infringe on any third person’s rights.

17. The information that you provide in connection with the Contest may be used by Media General Operations, Inc. d/b/a WJHL-TV, TriCities.com, SWVAToday.com, Bristol Herald Courier, in accordance with their Privacy Policy, which is found at www.tricities.com and which may be updated from time to time.

WINNER SELECTION

18. Voting will begin on September 15, 2008 at 12:01 p.m. EDST and will end on October 26, 2008 at 5:00 p.m. EDST (“Voting Period”).  Properly submitted photo entries will be available on www.tricities.com for viewing and public voting during the Voting Period.  There are several ways to vote for your favorite photo entry:

1. You may vote for your favorite photo online at www.tricities.com during the Voting Period by contributing $.25 per vote to Newspapers in Education. A $5.00 minimum will be required to vote online.  Uses of automated devices are not valid for entry.

2. You may vote for your favorite photo by completing an Official Ballot Form and either mailing or hand-delivering it, along with your donation of $.25 for each vote that you include on the Official Ballot Form, to the Bristol Herald Courier, PO Box 609., Bristol, VA 24203 for receipt by October 26, 2008 at 5:00 pm EDST.  (Official Ballot Forms will be published in the Bristol Herald Courier, the Washington County News, Smyth County News & Messenger, Richlands News-Press and the Clinch Valley News and will also be available at the offices of the Bristol Herald Courier office, located at 320 Bob Morrison Blvd., Bristol, VA 24201.  A donation of $.25 per vote must accompany all mailed or hand-delivered Official Ballot Forms.

3. If you wish to vote without making a donation, you may do so by visiting the Bristol Herald Courier office, located at 320 Bob Morrison Blvd., Bristol, VA 24201, and completing a Non-Donation Ballot Form. Viewers are limited to one Non-Donation Ballot Form per day.  Non-Donation Ballot Forms are only available at the Bristol Herald Courier office.

19. On October 27, 2008, or within a reasonable time thereafter, subject to verification of eligibility, the Entrant whose entry photograph receives the most votes during the Voting Period will be declared the First Place Winner. The twelve (12) photos receiving the next highest number of votes during the Voting Period will be declared the Runner-Up Winners.

20. Sponsors may, but will not be required, to depict the winning Entry Photographs on www.tricities.com without further compensation. In the event of a tie between any potential winners or runners-up, the voting period will be extended by 24 hours. This process will continue as necessary until any tie is broken.

WINNER NOTIFICATION   

1. Sponsors will contact all potential winners in accordance with the information supplied to Sponsors on their Entry Forms.  Winners may be verified over the telephone at the time and may be asked to provide Sponsors with valid identification.  Acceptable identification includes a valid driver’s license or other valid picture ID showing name and address.  Faxes will not be accepted.  If Sponsors are unable to communicate directly with a winner within two (2) days from initial attempted notification, Sponsors in their sole discretion may disqualify that winner and select an alternate winner using the same winner selection method set forth above.  Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.  Upon verification of eligibility, the names and/or photographs of the First Place Winner and Runner-Up Winners and/or their children depicted in the winning Entry Photographs will be posted on www.tricities.com.  If you are a First Place Winner or Runner-Up Winner, you must make Your Child available for a professional photo shoot at Sponsors’ expense to create the photo for the Calendar.

MISCELLANEOUS

1. All federal, state and local laws apply.  Sponsors shall be entitled to interpret these rules as needed — including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on awards, and eligibility — and all of their decisions are final.  By entering, Entrants agree to these Official Rules.  Sponsors reserve the right to cancel, terminate or suspend this Contest or any part of this Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond their control, corrupt or impair the security, administration, fairness and/or operation of this Contest as determined by Sponsors in their sole discretion, at which time, Sponsors will select the Winners in accordance with the previously announced selection criteria from among all non-suspect eligible entries received at the time of the Contest termination. Sponsors are not responsible for lost, interrupted, or unavailable network, server, or other connections, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsors by the deadlines stated above.  Sponsors are also not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials. Sponsors reserve the right to correct typographical or clerical errors in any Contest-related materials.  No more than the stated number of awards will be available.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of awards as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to provide only the stated number of awards by selecting the Winners from all legitimate, un-awarded, eligible award claims in accordance with the previously announced selection criteria. 
2. Neither Media General Operations, Inc. d/b/a WJHL-TV, TriCities.com, SWVAToday.com, Bristol Herald Courier or Mountain States Health Alliance, nor their affiliates, subsidiaries or agencies will be responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure. 
3. Sponsors reserve the right to prohibit any Entrant from participating in the Contest if, at their sole discretion, Sponsors find such Entrant to be tampering with the entry process or the operation of the Contest, or if such Entrant repeatedly shows a disregard for, or attempts to circumvent, these Rules, or acts: (a) in a manner Sponsors determine to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Sponsors; or (c) in any other disruptive manner.  Any person attempting to defraud or tamper with this Contest in any way will be ineligible to participate or receive an award and may be prosecuted to the full extent of the law.  Any failure by the Sponsors to enforce any of these Rules shall not constitute a waiver of such Rules.
4. Entrants agree to release Media General Operations, Inc. d/b/a WJHL-TV, TriCities.com, SWVAToday.com, Bristol Herald Courier, Mountain States Health Alliance and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to this Contest and the use of the Entry Photograph in the Calendar.

DISPUTES

1. By entering the Contest, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any awards shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.  Any legal proceedings arising out of this Contest or relating to these rules shall be instituted only in the federal or state courts located in Washington County, Virginia and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
2. For a final list of winners (available after approximately November 26, 2008), visit www.tricities.com or send a self-addressed stamped envelope by mail to: “Cutest Kids 2008 Contest,” Winners’ List Request c/o Bristol Herald Courier, Post Office Box 609, Bristol, VA 24203.
3. For a copy of the Official Rules, stop by Bristol Herald Courier during normal business hours, visit www.tricities.com, or send a self-addressed stamped envelope to: “Cutest Kid 2008 Contest,” Official Rules Request c/o Bristol Herald Courier, Post Office Box 609, Bristol, VA 24203.