“Pepsi Fireworks Giveaway” - OFFICIAL RULES

 
1. No     purchase is necessary to enter or win.     A purchase will not increase your chances of winning.
 
2. You     must be at least eighteen (18) years old and a legal resident of North Carolina, Kentucky,    Tennessee or Virginia at the time of entry to enter     or to win.  Other restrictions     apply.
 
3. Sweepstakes     is subject to all federal, state and local laws.  Void where     prohibited by law.  By entering, participants agree to these Official     Rules.
 
4. One     (1) Grand Prize Winner.
 
5. Limit     one (1) entry per person per day.
 
6. Sweepstakes     begins on June 29, 2009 at 10:00 a.m. EDST, and ends on July 2, 2009.  Entry deadline is July 2, 2009 at 10:00 a.m. EDST.
 
7. The     geographic scope of this promotion is the states of North     Carolina, Kentucky, Virginia and Tennessee.    Sponsors of this Giveaway are WJHL-TV and Pepsi.
 
8. The     odds of winning depend on the number of entries received.

PRIZE

 
9. One (1)    Grand Prize Winner will win:  One     (1) Grill, One (1) Dale Earnhardt, Jr. Standup, Five (5) 24 count packs of     soda.  Approximate Retail Value (“APR”) of     Grand Prize is $575.

 
10.  All prizes being offered are provided “as is” with no     warranty or guarantee either express or implied by Sponsors.  Merchandise     prizes carry no warranty other than that offered by manufacturers.  All details of all prizes shall be     at WJHL-TV’s sole discretion, including, without, limitation in connection     with the Grand Prize.  Winner     assumes sole responsibility for all costs associated with the prizes not     explicitly outlined above, including but not limited to any and all taxes,    fees, surcharges on a prize. All federal, state and local taxes (if any)    are the sole responsibility of the winner. 

 
11. Prize     is not transferable, substitutable, or exchangeable for cash except that WJHL-TV     in its discretion may substitute a prize, or portion thereof, with a prize     or portion of equal or greater value if it deems necessary.  Any such changes will be announced.     If winner fails to meet any eligibility requirement herein, alternate     winner will be chosen by random drawing to be held as soon as reasonably     practicable after initial winner is determined to be ineligible.     Alternate winners are subject to all eligibility requirements and     restrictions of these Official Rules.

ELIGIBILITY

 
12.  No Purchase Necessary.  A purchase will not increase your     chances of winning.

 
13.  All participants must be Eighteen (18)    years old and legal residents of North Carolina Kentucky, Virginia or Tennessee     at the time of entry.

 
14.  Employees of WJHL-TV, Media General     Operations, Inc., Pepsi, 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

 
15.  Entries will be accepted beginning June     29, 2009 at 10:00 a.m. EDST and ending July 2, 2009 at 10:00 a.m., EDST (“Entry     Period”).  Be the first viewer to     call after you see the fireworks snipe, during Daytime Tri-Cities at 10am     Monday, June 29, 2009, Tuesday, June 30, 2009, Wednesday, July     1, 2009 or Thursday, July 2, 2009 to qualify for the grand prize drawing     on Daytime Tri-Cities.  Participants who fail to provide the     required information will not be eligible to win and will not be notified     by WJHL-TV.  Limit one entry per     person per day. All Entries become the property of     WJHL-TV and will not be returned or acknowledged.

GRAND PRIZE DRAWING

 
16. On July     2, 2008, or within a reasonable time thereafter, WJHL-TV will randomly     choose one (1) from all timely and correct entries received.  Subject to verification of eligibility,    the person whose name is drawn will be declared the Grand Prize Winner.

WINNER NOTIFICATION   

 
17. WJHL-TV will contact the potential winner in     accordance with the information supplied to WJHL-TV on the Entry Form.  Winner may be verified over the     telephone at the time and may be asked to provide WJHL-TV with valid     identification and execute an affidavit of eligibility, where legal, a     publicity release.  Acceptable identification     includes a valid driver’s license or other valid picture ID showing name     and address.  Faxes will not be     accepted.  The winner may also be     required to sign other legal documents, including tax forms and a release     supplied by WJHL-TV which, among other disclaimers, releases WJHL-TV,    Media General Operations, Inc., 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 Sweepstakes     and the receipt and use of the prize.     If WJHL-TV is unable to communicate directly with a winner within two     (2) days from initial attempted notification, WJHL-TV in its sole     discretion may disqualify that winner and select an alternate winner.  Alternate winners are subject to all     eligibility requirements and restrictions of these Official Rules. 

MISCELLANEOUS

 
18. All federal, state and local laws apply.  WJHL-TV     shall be entitled to interpret these rules as needed — including but not     limited to rules regarding entries, selection of winners, deadlines,    restrictions on prizes, and eligibility — and all of its decisions are     final.  By entering, participants agree to these Official     Rules.  WJHL-TV reserves the right to cancel, terminate or suspend     this Sweepstakes or any part of this Sweepstakes should any non-authorized     intervention, network failure, information storage failure,    telecommunications failure, malfunction, or other causes beyond its     control, corrupt or impair the security, administration, fairness and/or     operation of this Sweepstakes as determined by WJHL-TV in its sole     discretion, at which time, WJHL-TV will conduct a random drawing from     among all non-suspect eligible entries received at the time of the     Sweepstakes termination. WJHL-TV, Media General Operations, Inc., is 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 WJHL-TV     by the deadlines stated above.  WJHL-TV,    Media General Operations, Inc. is also not responsible for any injury or     damage to any computer, modem or other electrical device as a result of     participation in this sweepstakes or downloading of any software or     materials. WJHL-TV reserves the right to correct typographical or clerical     errors in any sweepstakes-related materials.  No more than the stated number of prizes     will be awarded.  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, WJHL-TV reserves the right to award only     the stated number of prizes by a random drawing among all legitimate,    un-awarded, eligible prize claims.
 
19. WJHL-TV reserves the right to prohibit any entrant     from participating in the Sweepstakes if, at its sole discretion, WJHL-TV     finds such entrant to be tampering with the entry process or the operation     of the Sweepstakes, or if such entrant repeatedly shows a disregard for,    or attempts to circumvent, these Rules, or acts: (a) in a manner the WJHL-TV     determines to be not fair or equitable; (b) with an intent to annoy,    threaten or harass any other entrant or WJHL-TV; or (c) in any other     disruptive manner.  Any person     attempting to defraud or tamper with this Sweepstakes in any way will be     ineligible for prizes and may be prosecuted to the full extent of the law.     Any failure by the WJHL-TV to     enforce any of these Rules shall not constitute a waiver of such Rules. WJHL-TV     has neither made nor is responsible or liable for any warranty,    representation, or guarantee, express or implied, in fact or in law,    relative to any Prize, including but not limited to its quality,    mechanical condition or fitness for a particular purpose.
 
20. WJHL-TV, Media General Operations, Inc., and a range     of subsidiaries, directors, agents, agencies, affiliates, franchisees,    promoters, officers, directors, employees and related persons are released     from any and all liability related to this Sweepstakes and the receipt and     use of the prize. 
 
21. WJHL-TV, Media General Operations, Inc., their affiliates,    subsidiaries or agencies will not be responsible for the inability to     select winner because of postal failure, equipment failure, or data     storage failure.  In the event of a     dispute as to the identity or eligibility of a winner based on an e-mail     address, the winning entry will be declared made by the “Authorized     Account Holder” of the e-mail address submitted at time of entry.    “Authorized Account Holder” is defined as the natural person 18 years of     age or older who is assigned to an e-mail address by an Internet access     provider, online service provider, or other organization (e.g., business,    education institution, etc.) that is responsible for assigning e-mail     addresses for the domain associated with the submitted e-mail address.    Uses of automated devices are not valid for entry.

 
1. For a list of winners, visit www.tricities.com or send a self-addressed stamped envelope by mail to:  “Pepsi Fireworks Giveaway,” c/o WJHL-TV, 338 East   Main Street, Johnson City, Tennessee 37601 after July 3, 2009.  
 
2. For a copy of the Official Rules, stop by WJHL-TV during normal business hours, visit www.tricities.com,  or send a self-addressed stamped envelope to:  “Pepsi Fireworks Giveaway Rules,”  c/o WJHL-TV, 338 East Main Street,  Johnson City, Tennessee   37601.
 
3. The information that you provide in connection with the Sweepstakes may be used by WJHL-TV in accordance with its Privacy Policy, which is found at www.tricities.com and which may be updated from time to time.

DISPUTES

 
1. By entering the Sweepstakes, entrants agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (3) 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, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and WJHL-TV in connection with the Sweepstakes, shall be governed by,  and construed in accordance with the laws of the State of Tennessee, 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 State of Tennessee.  Any legal proceedings arising out of this Sweepstakes or relating to these rules shall be instituted only in the federal or state courts located in the State of Tennessee, County   of Washington, 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.