Christmas Getaway at Gaylord Opryland Official Contest Rules




I, _______________________________________ [INSERT NAME OF WINNER], I submit this Affidavit and Release to Scripps Media, Inc. (the “Promoter”) d/b/a station WTVF-TV, 474 James Robertson Parkway, Nashville, TN 37219, (the “Station”) with the understanding that it will be relied upon to determine whether I am eligible to receive the prize for which my entry was selected as a winner in the “Christmas at Gaylord Opryland Sweepstakes” (the “Promotion”) organized by the Station. I understand that the prize I have been selected to receive/win is:

One (1) ‘Gaylord Opryland Christmas Getaway’ certificate valid for two nights’ accommodation in a traditional single room (Sun-Thu only) for the winner and up to three guests at the Gaylord Opryland Resort, subject to availability ( ARVs: $700); Four admissions to ICE! Starring Rudolph the Red-Nosed Reindeer (ARV: $144); Four admissions to Ice Tubing (ARV: $91.96); Daily self-parking for one vehicle plus taxes included in the prize (ARV: $64/$32 per night) (the “Prize”).

I declare that I have fully complied with all Official Promotion Rules, which I have read, and have not committed any fraud or deception in entering or participating in the Promotion or claiming my prize. I further declare that as of the date of my participation in this Promotion and the date of this Affidavit and Release, I was at least 18 years of age and otherwise eligible to participate in accordance with the Official Promotion Rules.

In consideration of the prize, which I acknowledge to be a good, valid and sufficient consideration,

1. I hereby agree to be solely responsible for all taxes that may be payable as a result of my receipt of the prize, as provided in the official promotion rules, and authorize the resort to withhold any amount required to be withheld under federal, state or local law. I agree to complete and submit an IRS Form W-9 or equivalent, including my full Social Security number, to receive any prize valued at $600 or more, or for any prize awarded by the station in a calendar year with an aggregate value of $600 or more. I further agree that neither the Released Parties, as defined below, nor any other party associated with the Promotion will be liable for any part of this tax liability. I further agree that I will be solely responsible for all costs associated with my use and/or enjoyment of the Prize.

2. I hereby agree not to sue and release, discharge, indemnify, hold harmless and absolve the Station, the Promoter, its sponsors and promotional partners, its advertising and promotional agencies and each of their partners respective. , subsidiaries and affiliated entities, and the officers, shareholders, directors, employees, agents and representatives, successors and assigns of each of them (collectively, the “Released Parties”), from all claims, demands, actions, suits, losses , expenses, costs, damages and liabilities, including without limitation interest, penalties, court costs and attorneys’ fees and expenses (each a “Claim”) of any kind that I, my heirs, executors, administrators and assigns have had, now have or may have against any of them arising out of or in connection with the promotion or prize, including injury bodily injury, death or damage or loss of property, which may arise in connection with, preparing for, traveling to, or participating in the Promotion, or the possession, acceptance and/or use or failure to use or misuse of the Prize or participation in any activity related to the Promotion, including, but not limited to, any claim based on rights of publicity, defamation or invasion of privacy and delivery of goods. Nothing herein shall in any way limit my recourse against the Manufacturer in the event that I have any claims arising out of possession or use of the Prize. I also acknowledge that, except as expressly provided in writing, the Released Parties have not provided or taken out any insurance of any kind for my benefit relating to my participation in the Promotion or the acceptance or enjoyment of the Prize and that I am solely responsible for obtaining and paying for such insurance.

3. I hereby acknowledge and agree that the Released Parties do not act as the manufacturer(s), distributor(s) or travel agent(s) of the Prize. The Station, acting as a consumer, acquired the Prize for the purpose of awarding the Prize to a winner of the Promotion. With respect to any claims I may have as a result of the possession or use of the prize, I agree that I will only refer to the manufacturer of the prize or others in the chain of production and distribution of the prize. Prize, excluding Releasees. I acknowledge that the Released Parties have made no representations or warranties regarding the Prize. I further acknowledge that the Released Parties have not arranged or taken out insurance of any kind for my benefit relating to my participation in the Promotion or the acceptance or enjoyment of the Prize and that I am solely responsible for obtaining and the payment of such Insurance.

4. I hereby acknowledge and agree that I will indemnify, defend and hold harmless the Released Parties from and against, and reimburse them for, all claims arising out of: (a) my breach of any representation, warranty, covenant , obligation or other agreement contained in this Affidavit and Release; (b) any failure by me to comply with applicable laws, statutes, ordinances or regulations; (c) any act, omission or negligence on my part; and/or (d) any Claim for personal injury or property damage or otherwise brought by or on behalf of any third person, firm or corporation against the Released Parties as

arising out of or in connection with my acts, omissions, negligence or service in connection with the promotion or prize, or my enjoyment thereof.

5. I acknowledge and agree that if I do not claim the Prize in person at the Station and the Prize is mailed or shipped to me, I will assume the risk of its loss or damage and that the Station is not responsible for the safe arrival of the prize.

6. I hereby agree to grant to the Released Parties and their agents and assigns, without limitation, and without financial or other additional compensation, the right to use my name, image, likeness, voice registration and my biographical material, in order to advertise, promote or publicize the Released Parties, the Promotion and all advertisers and co-sponsors associated with the Promotion and their products and services. I further agree that such uses may be made without notice or my inspection or approval of any materials used in connection with such uses.

7. Except where prohibited, I agree that: (1) all disputes, claims and causes of action arising out of or relating to the promotion or any prize shall be resolved individually, without resort to any form of class action , and exclusively in the state or federal courts located in Milwaukee, WI; (2) all claims, judgments and indemnities will be limited to actual disbursements incurred, but in no event will such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, I hereby waive all rights to claim special damages and all rights to have such damages multiplied or increased.

8. I hereby agree that if any statement made by me in this affidavit is untrue or if I otherwise breach this affidavit and release, then, in addition to any other remedies that may be taken against me, I agree to forfeit and return the prize.

9. I understand that the disclaimer contained herein is intended to be as broad and inclusive as permitted by law, and I agree that if any part of this disclaimer is found to be invalid, the remainder shall remain in full force and effect. I further understand that this disclaimer shall be construed under the laws of the state or commonwealth where the station is located, and I submit to the jurisdiction of the courts of that state or commonwealth and waive any objection to jurisdiction. or instead of these courts.

10. I have read the above before signing below, and represent and warrant that I fully understand the contents hereof and understand that by entering into this agreement I waive valuable rights and do so freely and voluntarily.

_____________________________________ ______________________

Date of signing


Participant’s printed name


Street address


City, State and ZIP Code

____________ __________________________

Telephone number Date of birth

If guest/travel companion is under 18 years of age or the age of majority in your state of residence, the travel companion’s legal guardian must sign below acknowledging that they agree to the above on behalf of the traveling companion and himself, as appropriate.

_____________________________________ ______________________

Date of signing


Parent/Guardian’s Print Name


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