Terms of Use
(Updated as of June 15, 2011)
Welcome to the Nexstar Broadcasting, Inc. (“Nexstar”) web sites’ Terms of Use
(“Terms”). These Terms apply to your use of any web sites and the “Services”
therein (including RSS feeds, podcasts, embeddable video players, chat rooms,
message boards, etc.) associated or affiliated with television stations in the
Nexstar family (each a “Site” and, collectively, the “Sites”).
By accessing and using a Site, you acknowledge that you have read and
understand these Terms, and that you accept them and agree to be legally bound
by them. You should not use a Site if you have any objections to any of these
Terms.
The terms “you” and “User” as used in this Agreement refer to all individuals
and/or entities accessing this Site for any reason.
These Terms are a license that governs your use of the Sites, including your
use of content from a Site and and your interaction with a Site, including your
participation in user forums or any other interactive features of any Site. In
addition to these Terms, there may be special terms, licenses or registration
requirements for certain Services, for example you may be asked to accept end user
license agreements for mobile applications, to register for contests and
sweepstakes, to create a profile, to create lists or reviews, or otherwise
register or accept licenses in order to access other Services. These additional
terms or licenses (i) will be posted in connection with the applicable Service,
(ii) are in addition to these Terms, and (iii) to the extent they conflict with
these Terms, govern access to or use of that particular Service.
Nexstar may periodically revise these Terms, for example as the Sites are
changed or enhanced or as Internet law and standards evolve. We will post a
notice when we make changes to the Terms, and such changes will be effective
immediately. If you continue to use a Site after we change the Terms, you have
agreed to accept all changes.
Terms
1. Privacy
Our Privacy Policy is a part of our Terms, and is binding on all Site Users.
Our Privacy Policy describes our practices concerning data that you provide or
that we may collect about you through your use of a Site, and you consent to
our use of data in compliance with the Privacy Policy. The Privacy Policy sets
forth Nexstar’s current policies and practices with respect to nonpublic
personal information of the users of the Sites. For our full Privacy Statement,
see our PRIVACY POLICY. By viewing, browsing, accessing or using the Sites, you
agree to our Privacy Policy.
2. Registration and Access
You may be required to register or establish an account to use certain portions
of a Site. If we request registration information from you, you must provide us
with accurate and complete information and must update the information when it
changes. If you fail to provide us with accurate and complete information we
may delete your account or block your usage of our Sites at any time, without
notice. You are also responsible for keeping your email address updated.
Failure to keep your email address updated may result in banning until we can
confirm that you have a valid email address associated with your Site
activities. Our use of any personally identifiable information provided by you
is governed by the terms of our Privacy Policy.
You are responsible for maintaining the confidentiality of your login names and
passwords and you accept all responsibility for all activities, charges and
damages that occur under your account. If you believe that someone is using
your account without your permission you should contact us immediately. Nexstar
accepts no responsibility for use of your account or computer by any third
parties, with or without your permission, and we are not responsible for any
loss or damage resulting from your failure to notify us of unauthorized use.
3. Our Content/Copyright and Permissions
The Sites may contain or provide information, graphics, images, photographs,
icons, designs, news, editorials, blogs, weather, critiques, recommendations,
tips, classifieds, press releases, brochures, documents, data, texts,
advertisements, video, audio, music feeds, services, software technology and
other materials (“Our Content”). Our Content may be changed, updated or removed
without notice. We may also make changes to the products, services or programs
that make up Our Content at any time without notice.
We own the copyrights, trademarks, service marks, trade names, and other
intellectual and proprietary rights throughout the world (the “IP Rights”)
associated with the Sites, Services and Our Content, which are protected by
copyright, trade dress, patent, trademark laws and all other applicable
intellectual and proprietary rights and laws. You acknowledge our valid
intellectual property rights in Our Content and that this Terms of Use is a
license to, and governs, your use of the Sites, the Services and Our Content.
Subject to your compliance with all such legal restrictions, you may download
or make a single copy of Our Content displayed on the Sites for your own
personal and noncommercial use, provided that all copies must retain the
copyright, trademark and other proprietary notices displayed with Our Content.
We may also identify certain of Our Content that you are authorized to
redistribute via email, blog, embedded players, etc. If you elect to
redistribute Our Content, if authorized, you agree to comply with all
obligations associated with such redistribution. If you redistribute Our
Content, you must be able to edit or delete it promptly upon our request.
Except as noted above, you may not distribute, transmit, copy, download or
otherwise make available any material from the Sites, including any text,
images, audio clips, or video clips for public or commercial use, without the
prior written permission of Nexstar; you also may not reproduce, distribute,
transmit, publicly display, publicly perform, publish, license, modify,
rewrite, create derivative works from, transfer or sell any material contained
on the Sites without our prior written permission. None of the material
contained on the Sites (including all software, HTML code and other code) may
be reverse-engineered, disassembled, decompiled, transcribed, stored in a
retrieval system, translated into any language or computer language,
retransmitted in any form or by any means (electronic, mechanical,
photo-reproduction, recordation or otherwise), resold or redistributed without
the prior written permission of Nexstar.
You acknowledge and agree that no Content, Submissions (defined below), advice
or other information, whether oral or written, obtained by you from us or
through the Sites creates any warranty and that it is unreasonable to rely on
such Content, Submissions, advice or information without independent
verification. Do not rely on them for decisions that affect your health,
property, livelihood, finances, or business decisions. No business, accounting,
financial, legal, medical or tax advice or counsel is given, nor shall it be
deemed to have been given by us. You should always seek professional assistance
or advice on these matters.
Stock and mutual fund quotes and related financial stories may be made
available on a delayed basis and, therefore, such information is not intended
to be used for trading or investing purposes or other commercial use. You
acknowledge and agree that you assume all risk for your use of any such
information for any purpose.
Except as otherwise noted, all content of the Sites is:
Copyright 2011 Nexstar Broadcasting, Inc. All Rights Reserved
Nexstar has adopted a policy of terminating services to users who willfully
and/or repeatedly infringe our or our partners’ copyrights. For permission to
use Our Content for any other purpose, please contact us. We can be reached by
e-mail at corpwebmaster@nexstar.tv.
4. User Conduct/Guidelines
The Sites may provide Users with the opportunity to submit, post and/or
exchange information, data, text, software, music, photographs, graphics or artwork,
video, audio, messages or other materials, whether publicly posted or privately
transmitted. You agree that you have read and are familiar with the following
guidelines. By submitting User Content (as defined below), you represent that
you are 13 years of age or older and, if you are under the age of 18, you
either are an emancipated minor, or have obtained the legal consent of your
parent or legal guardian to enter into these Terms, submit content, participate
on out Sites, and fulfill the obligations set forth in these Terms, which forms
a binding contract between you and Nexstar.
You understand and agree that all text, graphics, software, music, sound,
photographs, videos, messages, posts, data, information, or other materials
(collectively, the “User Content”) is the sole responsibility of the person
with whom the User Content originated. Accordingly, you are responsible for all
User Content that you disseminate or transmit through or by means of the Sites.
Messages from Users who violate our guidelines may be blocked. Users who
violate our guidelines may also be sent a warning, and if necessary, will be
banned from further posting. Nexstar reserves the right to terminate the access
of any user for any reason at any time, with or without notice to the user.
Nexstar will not be liable to you or any third party for its failure to take
any of these actions and will not be limited to these remedies if you violate
the Terms. We reserve the right to comply with any subpoena, order or otherwise
cooperate with law enforcement officials regarding the identification of any
user alleged to be using a Site in violation of the law or alleged to have any
information related to an investigation. We further reserve the right, in our
sole discretion, to preserve a record of any Submission and turn all or any
part thereof over to law enforcement officials.
In posting User Content to our Sites, you agree not to:
a) post, disseminate, or transmit any User Content that is unlawful, harassing,
defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or
invasive of another’s privacy;
b) post, disseminate, or transmit any User Content that infringes or violates
any party’s copyright, trademark, trade secret, patent, or other proprietary
right, including, but not limited to, using third-party copyrighted materials
without appropriate permission or attribution, using third-party trademarks
without appropriate permission or attribution, and using or distributing
third-party information (whether or not protected as a trade secret) in
violation of a duty of confidentiality;
c) post, disseminate, or transmit any worms, viruses, or other harmful,
disruptive, or destructive files, code, or programs;
d) post, disseminate, or transmit any advertising, promotional materials, chain
letters, spam, junk mail, or any other type of unsolicited mass email to people
or entities that have not agreed to be part of such mailings;
e) impersonate any person or entity; falsely state or otherwise misrepresent
your affiliation with any person or entity; intentionally omit, delete, forge,
or misrepresent transmission information, including headers, return mailing,
and Internet protocol addresses; or otherwise manipulate identifiers to
disguise the origin of any Content transmitted through the Sites;
f) post, disseminate, or transmit any Content you do not have the right to
post, disseminate, or transmit;
g) disrupt the normal flow of dialogue or otherwise act in a manner that
negatively affects other users’ ability to engage in real-time exchanges;
h) interfere with, disrupt, or harm in any way the Sites or servers or networks
connected to the Sites;
i) attack the character or damage the reputation of other members, name-call,
insult, ridicule, mock, stalk or otherwise harass another user;
j) insult, attack, belittle, or ridicule the beliefs, personal attributes, or
life choices of other members;
k) “Hit and run.” Please do not go to a board where you would not ordinarily
post, simply to point out the wrongness of another poster or group’s actions,
beliefs, or comments;
l) collect or store personal data about other users;
m) engage in any activities that would violate the personal privacy rights of
others, including but not limited to collecting and distributing information
about other users without their permission, except as permitted by applicable
law;
n) use the Sites for any illegal purpose, in violation of any applicable laws
or regulations or in violation of the rules of any other website's providers,
websites, chat rooms, or the like;
o) violate any applicable local, state, national, foreign or international law
or regulation, intentionally or unintentionally;
p) forward or post private messages that someone has sent to you unless you
have his/her permission;
q) transfer issues or posts from one bulletin board to another with the
intention of drawing negative attention to the post. Do not quote someone
else’s post from another board without that person’s permission;
r) select a screen name that is vulgar or obscene or that misrepresents you to
other members;
s) use any community areas to buy or solicit any goods, services, or money to
advertise or sell products or services of others. Please do not post any
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of solicitation;
t) use all capital letters in your chat or bulletin board postings;
u) post the same message more than once on a bulletin board or on multiple
boards. This includes postings on multiple boards asking other members to vote
in online contests, asking for signatures for petitions, and any other “public
service”-type announcements about public or personal causes or issues;
v) “flood.” This includes repeatedly “bumping” a thread, disrupting an online
chat event by entering the same phrase over and over again, or otherwise using
up band-with; or
w) post on behalf of a banned member, or you may also be banned without notice
or warning.
A. Submissions. The Site may include various features and services, such as
bulletin boards, chat rooms, blogs, Web logs, discussion forums, feedback,
bulletin board services, news groups, questionnaires, surveys, and other
communication facilities or interactive areas, designed to provide you with
forums in which to express your opinions and submit and share ideas,
information, and materials, including, without limitation, data, text, files,
links, images, photographs, videos, audiovisual works, musical compositions,
sound recordings, postings, music, classifieds, obituaries, events, calendars,
your and/or other persons’ names, likenesses, voices, usernames, profiles,
actions, appearances, performances and/or other biographical information
(collectively, “Submissions”). You are responsible for the Submissions you post
on our Site. We are not responsible for the Submissions that you or other users
post on the Site. We are not obligated to, and we do not, monitor, pre-screen
or pre-approve the interactive areas of the Site. However, we reserve the right
to edit, remove, or to refuse to post, any Submission, in whole or in part, for
any or no reason, including, but is not limited to, any Submission that
violates the Terms or is otherwise objectionable, in our sole discretion.
Because of the volume, we may not post all Submissions that we receive.
B. Your License to Us. You retain all of your ownership rights in your
Submission. However, by submitting any Submissions to us or to or through the
Site, you grant to us, and to our licensees, an unrestricted, worldwide,
royalty-free, transferable, sublicensable, non-exclusive, perpetual, and
irrevocable right and license, without the requirement of any permission from
or payment (or other consideration) to you or to any other person or entity, to
use, reuse, reproduce, transmit, print, publish, modify, edit, alter, create
derivative works based upon, display, exhibit, publicly perform, distribute,
redistribute, host, store, cache, archive, index, categorize, comment on,
broadcast, stream, adapt, and translate the Submissions and any ideas, concepts,
know-how or techniques contained in or conveyed by the Submissions, in whole or
in part, in any and all formats and channels now known or hereafter developed
(including, without limitation, on other Nexstar web sites, on third party web
sites, in our print publications, on our broadcast stations, and on our
broadband and wireless platforms, products and services) for any and all
purposes including, without limitation, news, advertising, promotional,
marketing, publicity, trade or commercial purposes, all without further notice
to you and with or without attribution. In addition, you hereby grant us and
our licensees the right, on an unrestricted, worldwide, royalty-free,
non-exclusive, perpetual and irrevocable basis, to reproduce and use your name,
likeness, image and voice (together with all trademark rights therein) on or in
connection with the use of the Submission and in any and all promotion or
advertising material related thereto. You hereby waive any moral rights you may
have in your Submissions. By submitting a Submission, you represent and warrant
that you have all rights necessary to grant to Nexstar the license stated in
this paragraph and that none of your Submissions are defamatory, violate any
third party rights (including intellectual property or rights of publicity or
privacy) or violate any applicable law. You will not receive any further
compensation of any kind for your User Content or the use thereof, and you
agree that Nexstar, its licensees, successors and/or assigns in their sole discretion,
shall have the right to give you no credit or determine in what form to give
you credit for any use of your User Content. Your User Content will not be
acknowledged or returned. You acknowledge and agree that your User Content is
being sent voluntarily, and not in confidence, and that no confidential
relationship is intended or created between Nexstar, and/or any other person or
entity, on the one hand, and you, on the other hand, by your submission of the
User Content.
C. Your Representations to Us. You represent and warrant that: (a) you have all
necessary authority, rights and permissions to submit the Submissions; (b) your
Submissions are your original work and not owned by any other party (or that
you are making your Submission with the express consent of the owner of the
Submissions); (c) your Submissions are accurate, current and complete; (d) your
Submissions, your use of a Site, and the use of the Submissions by us and/or
our licensees will not infringe or misappropriate any copyright, trademark,
service mark, trade secret, patent, or other intellectual property or
proprietary rights of any third party, including, but not limited to, rights of
privacy or publicity; (e) your Submissions, your use of the Site, and the use
of the Submissions by us and/or our licensees shall not violate any applicable
law or regulation, including, but not limited to, any applicable advertising or
fair housing laws or regulations, or cause injury to any person or damage to
any property; and (f) your Submissions and your use of a Site will not violate
any agreements between you and a third party.
D. Not Confidential. You understand that all Submissions you transmit to us and
the Site will be treated as non-confidential and non-proprietary, except as
specified in an applicable Nexstar privacy policy. You acknowledge that
anything you submit to the Site by way of any Submissions is routed through our
servers and the Internet and that, therefore, you have no expectation of
privacy with regard to any such Submission. You acknowledge that the
Submissions and Services on a Site are forums for public and not private
communications. Please keep in mind that whenever you give out personal
information online, through any media, including without limitation, a forum or
blog, that information can be collected and used by people you do not know. We
cannot guarantee the security of any information you disclose through any of
these media; you make such disclosures at your own risk. You understand that we
may publish your username in connection with any Submission. If you use your
legal name as your username, then your legal name may be published.
E. No Fiduciary Relationship. You agree that any Submissions you make are not
being made in confidence or trust and that no confidential or fiduciary
relationship is intended or created between you and us in any way. To the
extent any “moral rights,” “ancillary rights,” or similar rights in or to the
Submissions exist and are not exclusively owned by us, you agree not to enforce
any such rights as to us or our licensees, distributors, agents,
representatives and other authorized users.
F. No Guarantee of Accuracy, Integrity or Quality of Submissions. We do not
control, and are not responsible for, and do not guarantee the accuracy,
integrity or quality of, the Submissions made available through a Site. By
using a Site, you may be exposed to Submissions that you may find offensive,
indecent, inaccurate, misleading, or otherwise objectionable. By using a Site,
you agree to accept such risks and you agree that we are not responsible for
the acts or omissions of users on a Site. We may now or in the future provide
you a mechanism or click button to allow you to report any Submission you may
find objectionable, but by we do not guarantee that any such Submission will be
removed, edited or deleted, and we are not responsible or liable for our
refusing or failing to remove, edit or delete a Submission you find
objectionable. You agree that you must evaluate and bear all risks associated
with your use of and reliance on a Site and any of its Submissions. You also
agree that under no circumstances will Nexstar or any of our affiliated
entities be liable in any way for any Submission or for any loss or damage of
any kind incurred as a result of the use of any Submission posted, emailed or
otherwise made available via a Site.
G. Not Endorsed by Us. You acknowledge that the substance, views and opinions
expressed in all Submissions are those of the author or submitting user solely
and do not reflect our or our affiliated companies’ views or opinions. You
should make your own evaluation of the content, views, and opinions expressed
in the Submissions. We, and our affiliated companies, are not responsible for
and do not endorse, guarantee, or warrant any content, views, opinions,
products, advice, recommendations or services referenced, posted or sent by the
authors or submitting users through a Site and we specifically disclaim any and
all liability in connection therewith.
IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD IMMEDIATELY STOP USING THE SITE.
5. Indemnification
You agree to defend, indemnify and hold Nexstar, its parent, subsidiaries,
affiliates, and the officers, directors, employees, shareholders, vendors,
partners, contractors, agents, licensors and other representatives of each of
them and all of their successors and assigns (collectively the “Nexstar
Parties”) with respect to all claims, costs (including attorneys’ fees and
court costs), expenses, damages, liabilities and obligations of any kind, arising
out of or in connection with your use or misuse of the Sites, including,
without limitation, use of your account, whether or not authorized by you, and
claims arising from Submissions. Nexstar retains the right to assume the
exclusive defense and control of any claim subject to indemnification, and in
such cases you agree to cooperate with us to defend such claim. You many not
settle any claim covered by this Section 5 without our express prior written
approval.
6. Purchases/Fees
If you accept or purchase fee based Services you agree to the terms and
conditions governing the purchased Service(s), including all requirements to
pay applicable fees and charges. We will notify you of any changes to fees and
charges. All fees and charges are non-refundable. Billing for all mobile
subscription services will be governed by the Mobile Terms set forth below
unless the terms of subscription say otherwise.
We may offer trial subscriptions to paid services for free or at special
discounted rates. Unless otherwise stated, these trial subscriptions will be
automatically renewed at the current full subscription rate if you do not
cancel before the end of the trial period. Other subscription services that we
provide also will automatically renew at the then current full subscription
rate unless you cancel your subscription at least 10 days prior to its renewal
date.
All payments to Nexstar, including without limitation for merchandise, online
advertising, employment opportunity listings on community bulletins, business
directory and classifieds listings shall be made by credit card or Electronic
Check and are subject to the approval of the financial institution issuing the
credit card or electronic check. Purchases are not binding on Nexstar until
such approval is received. Nexstar shall not be liable in any way if any
financial institution refuses to accept or honor your credit card for any
reason.
Each time you make a purchase you agree that Nexstar is authorized to charge
your designated account for the applicable rate or price published on the
Sites. We do not provide price protection or issue refunds in event of a price
drop or promotional offering.
Information relating to your financial transactions will not be maintained on
Nexstar servers.
Questions or information requests related to online purchases should be made to
servicedesk@nexstar.tv. Please provide contact information, transaction
website, and all transaction information.
7. Disclaimers and Limitation of Liabilities and Warranties
NEXSTAR AND THE SITES MAKE NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE INFORMATION POSTED, AND NEXSTAR MAKES NO
WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND,
ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEXSTAR
RESERVES THE RIGHT TO MAKE CHANGES TO THE SITES AT ANY TIME FOR ANY REASON.
NEXSTAR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR TITLE WITH RESPECT TO
ANY OF THE CONTENT OR SERVICES AVAILABLE FROM THE SITES, ALL OF WHICH IS BEING
OFFERED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” NEXSTAR DOES NOT WARRANT
THAT THE SITES OR ANY OF THE SITES’ FUNCTIONS OR CONTENT OR ANY SOFTWARE
CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL
BE CORRECTED OR THAT THE INFORMATION AVAILABLE THROUGH THE SITES WILL CONTINUE
TO BE AVAILABLE. NEXSTAR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR
ANY DAMAGES TO, OR VIRUSES OR SIMILAR ITEMS THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
OF THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEXSTAR SHALL NOT BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC,
PUNITIVE OR CONSEQUENTIAL DAMAGES), OR LOST REVENUES OR LOST PROFITS, WHICH MAY
RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES EVEN IF
FORESEEABLE OR EVEN IF NEXSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NEXSTAR’S LIABILITY IN CONNECTION WITH THE SITES OR YOUR USER
SUBMISSIONS WILL NOT EXCEED THE LESSER OF (i) $100 or (ii) THE AMOUNT PAID BY
YOU TO NEXSTAR IN THE THREE MONTHS PRECEDING YOUR CLAIM.
YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR OWN RISK. IF YOU ARE
DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF
NEXSTAR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE
NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR ANY OTHER EQUITABLE RELIEF
RESTRICTING EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM OR OTHER
AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY NEXSTAR, INCLUDING WITHOUT
LIMITATION THE SITES.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE
UNKNOWN OR ARE UNSUSPECTED AND YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT
MIGHT OTHERWISE LIMIT YOUR WAIVER OF SUCH CLAIMS.
8. Contests and Sweepstakes
The following general terms and conditions apply to all contests and
sweepstakes unless the specific contest/sweepstakes rules state otherwise. By
entering a contest sponsored by Nexstar, or any of the television stations
owned by Nexstar, or any third party affiliated with Nexstar for the purposes
of sponsoring a contest, you agree to the abide by these Official Rules and the
decisions of Nexstar and its designated judges, which are final and binding on
all matters. PLEASE READ CAREFULLY.
ELIGIBILITY/ENTRY: OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED
STATES, WHO ARE AT LEAST 18 YEARS OF AGE AND WHO RESIDE IN THE GENERAL MARKET
AREA OF THE STATION CONDUCTING THE CONTEST. Void outside the continental United
States and where prohibited. All employees, and their immediate families
(spouse, parent, child, sibling and their respective spouses, regardless of
where they reside) or those residing in the same households of employees,
whether or not related, of Nexstar and its stations, subsidiaries, affiliates,
any other broadcast station, multichannel video programming distributor and the
advertising, promotion and production agencies of all of the foregoing are not
eligible to enter or to win a prize in any contest. All contests are subject to
all applicable federal, state and local laws.
Nexstar reserves the right to disqualify any entry it deems to be
inappropriate, offensive or that is otherwise not in compliance with these
Official Rules, in its sole discretion. All entries shall become the sole
property of Nexstar and will not be acknowledged or returned. Limit one (1)
entry per person/household, regardless of category in which entry is submitted.
Participants are eligible to win a contest no more than once every 60 days and
are eligible to win a prize valued at $600.00 or more only once every six
months.
JUDGING: If a contest involves judges, all eligible entries received for each
contest will be judged by a panel of qualified judges whose decisions are final
and binding in all judging matters relating to this contest. Eligible entries
will be judged equally on the criteria which will be posted prominently in each
contest’s specific rules. Nexstar reserves the right to not award a prize in
any particular contest if, in its sole discretion, it does not receive a
sufficient number of eligible and qualified entries for that contest.
PRIZES: Nexstar agrees to post prominently specific prizes for each contest in
the rules announcing such contest. No substitution, cash equivalent, assignment
or transfer of prizes will be permitted by winners, except at Nexstar’s sole
discretion. Nexstar reserves the right to substitute a prize of comparable or
greater value, at its sole discretion. Prizes are awarded as is “as is” with no
warranty or guarantee, either express or implied by Nexstar. All federal, state
and local taxes and all other costs and expenses associated with the acceptance
and use of any prize not specified herein are the sole responsibility of each
winner. All prize details, including manufacturer and model of appliances are
at Nexstar’s sole discretion.
OWNERSHIP/USE: By submitting an entry, entrant agrees that Nexstar shall own the
entry submitted (including all rights embodied therein) and that it and its
designees may exploit, edit, modify, and distribute the entry and all elements
of such entry, including, without limitation, the names and likenesses of any
persons or locations embodied therein, in any and all media now known or not
currently known, throughout the world in perpetuity without compensation,
permission or notification to entrant or any third party. By submitting an
entry, entrant warrants that entry is original and that entrant is the sole
copyright owner and that entry is not based upon or derived from a copyrighted
work owned by any third party.
GENERAL CONDITIONS: By participating in a contest, entrant agrees that all
personal information submitted will be governed by Nexstar’s Privacy Policy. To
learn how the personal information collected in connection with the contest may
be used, individuals should read Nexstar’s Privacy Policy. The terms of the
Privacy Policy are incorporated herein by reference.
Nexstar reserves the right to discontinue the participation privileges of any
entrant (and void his/her entry) who engages in any fraudulent activity or uses
the contest in a manner inconsistent with these Official Rules or any federal,
state, local laws, statutes or ordinances or with the intent to annoy, harm or
abuse Nexstar, its representatives or any other entrant. In addition to
discontinuance of participation privileges, Nexstar shall have the right to
take appropriate administrative and/or legal action, including criminal
prosecution, as it deems necessary in its sole discretion.
Nexstar is not responsible for technical or computer failures, errors or data
loss of any kind, lost or unavailable Internet or SMS connections, failed,
incomplete, garbled or deleted computer or network transmissions, inability to
access any Web site, cellular or on-line service, any other error or
malfunction, late, lost, illegible or misdirected entries, or for printing
errors in any advertisement, entry form or the rules.
The contest is provided to individuals only. Corporations, associations or
other groups may not participate in the contest.
Each winning entrant (i) except where legally prohibited, by acceptance of a
prize grants permission for Nexstar (and agrees to confirm such agreement in
writing) and its designees to use his/her name, entry material, voice and/or
likeness and prize information for advertising, trade and promotional purposes
without further compensation, at any times or time, in all media now known or
hereafter discovered worldwide and on the Internet and/or World Wide Web
without notice or review or approval; (ii) will be required to execute and
return a release and wavier of liability; and (iii) will be required to provide
valid identification. If the release is not received fully-executed by the date
listed on the notification, or if a potential winner is found to be ineligible
or not in compliance with these Official Rules, or if prize notification or
prize is returned as undeliverable, the prize will be forfeited and, at
Nexstar’s discretion, awarded to a runner-up for the contest.
Entrants agree that Nexstar and its stations, subsidiaries and affiliated
companies, and advertising and promotion agencies, and each of their respective
officers, directors, employees, representatives, licensees, assignees and
agents (collectively, the “Released Parties”) will have no liability whatsoever
for, and are released and shall be held harmless by entrants from and against
any liability, for any injuries, losses or damages of any kind, to persons,
including death, or property resulting in whole or in part, directly or
indirectly, from acceptance, possession, misuse or use of any prize or from
participation in this contest or in any contest-related activity.
Released Parties are not responsible for typographical, printing or other
errors or problems relating to or in connection with the contest, including,
without limitation, errors or problems which may occur in connection with the
administration of the contest, the processing or judging of entries, the
announcement of the prizes or in any contest-related materials.
Released Parties are not responsible for illegible, lost, late, damaged,
incomplete, inaccurate, forged, delayed, misdirected, postage due or stolen
entries or mail and all such entries will be void.
Released Parties are not responsible for any incorrect or inaccurate
information associated with or utilized in the contest. Persons who tamper with
or abuse any aspect of the contest or website or who are in violation of these
Official Rules, as solely determined by Nexstar, will be disqualified and their
entries void. Should any portion of the contest be, in Nexstar’s sole opinion,
compromised by non-authorized human intervention or other causes which, in the
sole opinion of Nexstar, corrupt or impair the administration, security,
fairness, or submission of entries, Nexstar reserves the right at its sole
discretion to suspend, modify or terminate the contest and, if terminated,
select the potential winner for the contest from all eligible, non-suspect
entries received for the contest prior to such action using the judging
procedure outlined above.
9. Chat Rooms, Message Boards, and Other Public Areas and Membership Activities
As an entertainment service to our Users, the Sites may provide activities on
the Sites such as chat rooms, message boards, and other public forums
(collectively “Public Areas”). The Sites may also offer membership activities
such as “loyalty clubs.” These activities may enable users to interact with
other users, on-air talent and other Station personnel, and share commentary on
a variety of subjects. Various subjects may be discussed via the Public Areas,
however, use of such areas may only be for lawful and non-commercial purposes.
Nexstar specifically prohibits certain uses and activities. You understand,
acknowledge, and agree that by access or registration on Public Areas or any
interactive area of the Sites, you are automatically subject to the Privacy
Policy and the User Conduct rules in Section 4 of these Terms.
10. Advertising and other Third Party Content
The Sites provide banner and general advertising, and other content provided by
advertisers, sponsors, and promotional partners (collectively the
“Advertisers”). We are never a party to any transaction between buyers and
sellers. You understand, acknowledge, and agree that such third party content
on the Sites is not an endorsement by Nexstar of the goods, services or
messages conveyed in the content of the business practices (including the
privacy policies) of such third party content providers. For our Privacy Policy
on Links to Third Party Websites, click here. Users may from time to time enter
into correspondence with or participation in the advertising or promotions
offered through the Sites. However, all such correspondence, including, without
limitations, and resulting contractual agreements are solely between the
Advertiser and the user. You further agree that Nexstar is not responsible for
upholding any applicable terms, conditions, and representations of warranties
made by Advertisers or other third parties in connection with an agreement
between users, or the purchase of goods and services offered by Advertisers or
other third parties.
11. Classified Advertising
The Sites may now or in the future offer interactive areas for you to buy, sell
and advertise items, real property, services and employment opportunities
through classified advertisements or other forms of advertisements (“Classified
Ad”). We are never a party to any transaction between buyers and sellers. When
you submit a Classified Ad for publication on a Site, the Classified Ad becomes
our property and you assign all ownership interest in the Classified Ad,
including copyright rights and any other property right, to us. We are not
obligated to publish a Classified Ad. Our publication of a Classified Ad does
not constitute an agreement for continued publication. We will accept only
standard abbreviations and proper punctuation in Classified Ads. We accept no
liability for error or omission with respect to a Classified Ad or your use of
Classified Ads. If we, at our option, select to accept liability for an error,
in no event shall our liability for your use of our classified advertising
services exceed the amount you paid for the use of the services. We reserve the
right to edit, reclassify, revise, reject, or cancel any Classified Ad at any
time, in our sole discretion. Rates and specifications are subject to change.
Classified Ad Rules. All Classified Ads are subject in all respects to our
current rules and policies, including any rules and policies pertaining to paid
and free Classified Ad services posted on the Site, and current demands upon
advertising space. Please be sure to review all applicable rules, regulations
and policies pertaining to submission of a Classified Ad. We do not knowingly
accept advertising that discriminates or intends to discriminate based on race,
color, religion, gender, national origin, handicap or familial status. We do
not knowingly accept advertisements regarding employment that are not ads for
bona fide job opportunities. In addition to the rules and policies listed
anywhere else on the Site, we do not knowingly accept advertisements for
tobacco, gentlemen’s clubs, adult-oriented materials or services, firearms or
explosive materials, hard liquor or distilled spirits, or offshore or Internet
gambling.
Real Estate Advertisements; Equal Housing. You will not submit to us for
publication, and we will not knowingly publish, any advertisement for the sale,
rental, or financing of a dwelling that states any preference, limitation, or
discrimination on the basis of race, color, religion, gender, disability,
handicap, familial status, or national origin. Such advertisements violate
Section 804(c) of the Fair Housing Act and other federal and state laws. More
information about fair housing and equal opportunity laws is available from the
U.S. Department of Housing and Urban Development by clicking here or you may
call HUD toll-free 800-699-9777 (for hearing-impaired: 800-927-9275).
Auto Advertisements. As part of the Site’s Classified Ads, we offer online
advertising service for car buyers, sellers and enthusiasts. We do not sell
vehicles directly and are never a party to any transaction between buyers and
sellers. As a result, we do not (i) guarantee or ensure any vehicle or any
transaction between a buyer and seller, (ii) collect or process payment or
transfer of title on behalf of buyers or sellers, or (iii) warehouse, store,
ship or deliver any vehicles.
12. Mobile Services
In addition to the Terms herein, the following terms apply to use of the Sites
designed for wireless devices (“Mobile Services”), which we offer only to users
who are 18 years of age or older located only in the United States or District
of Columbia unless otherwise noted:
Your wireless provider may charge you for Mobile Services, including fees for
the receipt of text messages or data transmission. In order to receive Mobile
Services, your wireless provider may require you to subscribe to additional
services, which may require additional fees. These fees are not charged to us
and you should contact your wireless provider before you sign up for Mobile
Services to determine what, if any, fees, you may be charged. In addition, you
agree that we may arrange for Mobile Services billing through your wireless
provider and that your wireless provider may invoice you for the applicable
fees or deduct them from your prepaid balance.
To cancel a Mobile Service that involves a subscription fee, you must follow
the instructions included in the terms and conditions applicable to that Mobile
Service; otherwise you will continue to incur subscription charges. You will
not receive a refund for that billing cycle if you stop a subscription-based
Mobile Service during the middle of your billing cycle.
13. Termination
Nexstar may, in its sole discretion, terminate your password, account (or any
part thereof) or use of any Sites or Services, or remove and discard any User
Content or communication transmitted by you, or information stored, sent, or
received via the Sites or Services without prior notice and for any reason,
including, but not limited to: (i) permitting another person or entity to use
your registration information to access a Site or Service, (ii) any other
access or use of the Site or Service except as expressly provided in these
Terms, (iii) any violation of the terms and conditions of these Terms,
including the rules and regulations relating to the use of the Content, Sites or
Services, or (iv) tampering with or alteration of any of the Content, Sites or
Services.
You may terminate your registration by closing your account.
Termination, suspension, or cancellation of these Terms or your access rights
shall not affect any right or relief to which Nexstar may be entitled, at law
or in equity. Upon termination of these Terms all rights granted to you will
automatically terminate and immediately revert to Nexstar and its licensors;
and all rights granted by you to Nexstar shall survive in perpetuity.
14. Minors
If you have agreed to allow your minor child, or a child for whom you are legal
guardian (a “Minor”), to use the Sites or the Services, you agree that you
shall be solely responsible for: (a) the online conduct of such Minor; (b)
monitoring such Minor’s access to and use of the Services; and (c) the
consequences of any use of the Services by such Minor. Children under the age
of 13 may not register for any Service hereunder. At various places on the
Sites or Services, we ask whether users are under the age of 18 or 13. Nexstar
relies on our users to be truthful in responding to these questions. If a user
does not identify his/her proper age, we have no way of verifying actual age
with respect to our privacy policy.
15. User Disputes
You are solely responsible for any interaction with other members or visitors
to the Sites or Services. Nexstar reserves the right, but shall have no
obligation, to monitor disputes between you and any User of a Nexstar Site.
16. Intellectual Property Infringement
Nexstar respects the intellectual property of others, and we ask visitors to
the Sites to do the same. If you believe that your work has been used in a way
that constitutes copyright infringement, the following information in the form
of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to
Nexstar’s designated Copyright Agent:
a) Identification of the copyrighted work(s) that you claim has been infringed;
b) Identification of where the material that you claim to be infringing is
located on a Site;
c) A statement that you have a good faith belief that use of the disputed
material is not authorized by the copyright owner, its agent, or the law;
d) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are the owner of an exclusive copyright that is
allegedly infringed or are authorized to act on the copyright owner’s behalf;
e) Your address, telephone number, and email address; and
f) Your physical or electronic signature.
Nexstar’s designated agent for notification of claims of infringement on the
Sites is Marc Montoya who can be reached as follows:
Marc Montoya
Senior Vice President, eMedia
Nexstar Broadcasting Group, Inc.
5215 N O’Connor Blvd
Suite 1400Irving, TX 75039
Telephone: (972) 373-8800
Fax: (214) 545-5471
E-mail: corpwebmaster@nexstar.tv
Similarly, if you believe that any of your trademarks or service marks have
been infringed, please notify Nexstar’s designated agent.
17. Applicable Laws and Jurisdictional Issues
The Sites are governed by the laws of the United States, including federal
copyright and trademark laws, and the laws of the State of Texas applicable to
contracts entered into and to be wholly performed therein without regard to
conflict of laws or choice of laws principles. These Terms will not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, if applicable. By visiting and using the Sites, you consent to the
jurisdiction of the federal and state courts presiding in Texas and you agree
to accept service of process by mail or email, if you have not provided us with
your address. You hereby waive any and all jurisdictional and venue defenses
that might otherwise be available.
Regardless of any statute or law to the contrary, you must file any claim or
action related to the use of the Sites or these Terms within one year after
such claim or action accrued; otherwise you waive the claim or action and it
will be permanently barred.
18. Notices
We may be required by state or federal law to notify you of certain events. You
hereby acknowledge and agree that such notices will be effective upon our
posting them on our Sites or delivering them via email. If you do not provide
us with accurate email information we will not be responsive for failure to
notify you.
19. Force Majeure
Notwithstanding any other provision contained in these Terms, in the event that
the performance of any obligation of Nexstar is prevented due to acts of God,
exchange controls, export or import controls, or any other government
restriction, wars, hostilities, blockades, civil disturbances, revolutions,
strikes, lockouts, or any other cause beyond the reasonable control of Nexstar,
then Nexstar shall not be responsible to you for any failure or delay in the
performance of its obligations. Nexstar shall promptly notify you of such force
majeure condition. The terms of this clause shall not exempt, but merely
suspend, Nexstar from its duty to perform until as soon as practicable after a
force majeure condition ceases to exist.
20. Miscellaneous
The headings of each of these Terms and Conditions are for convenience of
reference only. Such headings shall be ignored in the interpretation or
construction of any of these terms and conditions. You may not assign your
rights or obligations under this Agreement without the prior express written
consent of Nexstar. In the event that any portion of these Terms is held to be
unenforceable, the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intention and the
remainder of the provisions shall remain in full force and effect. Any failure
by Nexstar to insist upon or enforce strict performance of any provision of
these Terms shall not be construed as a waiver of any provision or right. No
advice or other information provided by the Sites or its representatives to any
user in any manner which is not posted on this page will constitute any
amendment of, waiver or change to these Terms.
21. Entire Agreement
These Terms constitute the entire agreement and understanding between Nexstar
and you with respect to the Sites and the subject matter contained in these
Terms, and supersede all prior agreements (whether written or oral) with respect
to the subject matter hereof.
22. Local Law and Export Control
We control and operate our Sites from the United States. We make no
representation that materials on the Sites are appropriate or available for use
in any particular location. You acknowledge that you choose to access the Sites
on your own initiative and are responsible for compliance with any applicable
local laws. You acknowledge and agree that the Content and the Submissions are
subject to the U.S. Export Administration Laws and Regulations, and that
diversion, export, or re-export of the Content or Submissions contrary to U.S.
law is prohibited. You agree to comply strictly with all U.S. export laws and
assume sole responsibility for obtaining licenses to export or re-export as may
be required.
BY USING THE SITES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND
ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITES, YOU
WARRANT THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL.
For more information about Nexstar Broadcasting, Inc. or if you have any
questions about our, please contact us by e-mail at corpwebmaster@nexstar.tv.
