You are on page 1of 9

Program Description: In the Positively Milwaukee Awards Program (the “Awards

Program”), nominators (“Nominators”) will submit nominations (“Nominations”) for


nominees (“Nominees”). The nomination period for the Awards Program begins at 12:01
a.m. CT on June 1, 2019 and runs through 11:59:59 p.m. CT on July 31, 2019 (the
“Nomination Period”). The Awards Program is sponsored by Scripps Media, Inc. d/b/a
TODAY’S TMJ4 and Heiser Automotive Group (“Sponsors”). By submitting a
Nomination, Nominators agree to these Official Rules and to the decisions of Sponsors
and judges, which are final.
Eligibility: In order to be eligible for the Positively Milwaukee Awards Program,
Nominees must be legal U.S. residents residing in Sheboygan, Dodge, Washington,
Ozaukee, Jefferson, Waukesha, Milwaukee, Walworth, Racine or Kenosha counties
(“Southeastern Wisconsin”), or, in the case of a Nominee for the Legacy Award
(described below), a now-deceased individual who either a) lived in Southeastern
Wisconsin at the time of his or her death or b) who lived for more than 10 years in
Southeastern Wisconsin. Nominators must be 18 or older and legal U.S. residents
residing within Southeastern Wisconsin. Employees of Scripps Media, Inc., Heiser
Automotive Group, and of any third parties involved with the development or
administration of the Awards Program (and the immediate family members of those
employees) are not eligible to participate as Nominators or Nominees. The term
“immediate family” includes spouses, siblings, parents, children, grandparents and
grandchildren and their respective spouses, and any other person residing at the same
household whether or not related. The winning Nominee’s charity (the “Charity”) must
be a registered 501(c)(3) organization, and it must provide services within Southeastern
Wisconsin. A Charity provides services in Southeastern Wisconsin if it provides services
directly to residents of Southeastern Wisconsin or if it provides services that benefit
residents of Southeastern Wisconsin. Sponsors will determine the eligibility of a Charity
in their sole discretion. At any time, at the discretion of TODAY’S TMJ4, a Nominee may
be deemed ineligible for nomination or participation in the Awards Program. Void
wherever prohibited by law and outside Southeastern Wisconsin. By participating,
Nominators and Nominees agree to be bound by the Official Rules.
Nominations: To submit your Nomination for the Awards Program, log on to
www.tmj4.com/awards and fill out the submission form, providing all required contact
information for you and your Nominee. If your Nominee is a minor, do not submit
contact information for the Nominee. Instead, you must submit contact information for
the Nominee’s parent or legal guardian. If you are submitting a Nomination in the
Legacy Award Category, you do not need to submit contact information for your
Nominee. At the time you submit your Nomination, you may also designate in which
category described below (each, a “Category”) you are submitting your Nomination. If
you do not designate a Category TODAY’S TMJ4 will place your Nomination in a
Category at its sole discretion. Your Nomination must include an essay (the “Essay”) of
no more than 500 words about why and how your Nominee has had a positive impact
on the community, and you must include links to the Nominee’s work (articles, websites,
social media pages) if you have access to such links. Limit one Nomination per person
and per email address. A Nominee may be nominated by more than one Nominator. A
Nominator may nominate a Nominee in more than one Category, but a Nominee can
win in only one Category. If a Nominee is nominated in more than one Category,
TODAY’S TMJ4 will determine the appropriate Category in its sole discretion.
Nominations MUST be submitted online. Mail-in Nominations will not be accepted.
Nominations must be submitted on behalf of another person. Self-nominations will not
be accepted.
Nominees may be submitted for one of the following Categories:
 Youth Award – a young person (under 18 years old at time of nomination) living in
Southeastern Wisconsin who is going above and beyond to volunteer and inspire others
in his or her community.
 Senior Volunteer Award – a senior (at least 65 years old at time of nomination) living in
Southeastern Wisconsin who is going above and beyond to volunteer and inspire others
in his or her community.
 Community Hero Award – a Southeastern Wisconsin firefighter, police officer, or
emergency worker who risked his or her own life or safety to come to the aid of another
in the line of duty or even out of uniform. A Nominee who works full-time, part-time, or
as a volunteer (for example, as a volunteer firefighter) will be eligible as a “community
hero.”
 Military Service Award – an active duty, reserve, or National Guard member or
veteran/retiree who has shown exemplary service to country in all aspects of his or her
life. Nominees should have an honorable record of military service, as well as an active
and inspiring role in their civilian life in Southeastern Wisconsin.
 Unsung Hero Award – a Southeastern Wisconsin volunteer who has been giving their
time generously for many years with little to no recognition or acclaim.
 Teacher of the Year Award – a Southeastern Wisconsin teacher or educator whose
passion for education extends beyond any classroom, and is inspiring others to learn
and live a positive life. To be eligible for the teacher award, the Nominee must teach in
a public or private school in Southeastern Wisconsin in grades junior kindergarten
through 12.
 Legacy Award – a Southeastern Wisconsin person who has passed away, who left
behind a legacy of charity, kindness, and inspiration.
Nominations must be received no later than 11:59:59 p.m. CT on July 31, 2019.
Nominations must be submitted in English only. Nominations may be submitted only in
the name of a single person; group Nominations are not acceptable. False or deceptive
Nominations or acts may render a Nominator and Nominee ineligible. All Nominations
(but not the Essays) become the property of TODAY’S TMJ4, and will not be returned.
No mechanically reproduced Nominations of any kind permitted. Illegible and
incomplete Nominations are void. Sponsors are not responsible for lost, late, mutilated,
misdirected Nominations or Nominations not received. If there is a dispute over who
submitted a Nomination, the Nomination will be deemed to have been submitted by the
authorized account holder of the email account identified on the Nomination form. The
authorized account holder of an email account is deemed to be the natural person who
is assigned to an email address by an Internet access provider, service provider, or
online organization responsible for assigning email addresses for the domain
associated with the submitted email address.

Submitted Essays: Each Essay must satisfy all of the following submission requirements
(the “Submission Requirements”). The Essay must:

 be the original creation of Nominator;


 not portray any recognizable individual, other than the Nominee;
 not portray any dangerous activity;
 not infringe any third party’s intellectual property right;
 not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or
otherwise offensive material or inappropriate content such as aberrational
behavior, graphic violence, drug abuse, or nudity;
 not promote bigotry, racism, hatred or harm against any group or individual or
discrimination based on race, gender, religion, nationality, disability, sexual
orientation, or age;
 be non-defamatory and not invade any third party’s right of privacy or publicity;
 otherwise be appropriate for publication or broadcast or display on a general
interest website; and
 comply with the Terms of Use on the Awards Program website.

By submitting a Nomination, each Nominator represents and warrants that the Essay
meets all of the Submission Requirements and that the distribution, reproduction,
display and any other uses of any part of the Essay by Sponsors as permitted herein
will not infringe any third party rights. Each Nominator further agrees to indemnify and
hold Released Parties (defined below) harmless from and against any and all claims,
demands, damages, costs, liabilities and causes of action of whatsoever nature that are
based upon or arise out of any breach by such Nominator of such warranties or
representations made by Nominator or of these Official Rules. The Nominator further
represents and warrants that the Nominator has the Nominee’s permission (unless the
Nominee is in the Legacy Award Category) to submit the Nomination on behalf of the
Nominee in this Awards Program.
By submitting a Nomination, simultaneously with such posting, Nominator automatically
grants to Sponsors a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully
sublicensable, and transferable right and license to use, reproduce, distribute, create
derivative works based upon (including, without limitation, translations), publicly display,
publicly perform, transmit, and publish the Essay (in whole or in part) as Sponsors, in
their sole discretion, deem appropriate including, without limitation, (a) in connection
with Sponsors’ businesses; and (b) in connection with the businesses of Sponsors’
successors, parents, subsidiaries, and their related companies. Sponsors may exercise
this grant in any format, media or technology now known or later developed for the full
term of any copyright that may exist in such Essay. Furthermore, Nominator also grants
other users permission to access the Essay and to use, reproduce, distribute, create
derivative works based upon, publicly display, publicly perform, transmit, and publish
the Essay for personal, non-commercial use as permitted by the functionality of the
Services (as that term is defined in the Awards Program website Terms of Use) and the
Terms of Use. TODAY’S TMJ4 reserves the right to edit the Essay as it sees fit for use
in publication or promotion.
If TODAY’S TMJ4 determines, in its sole discretion and at any time during the Awards
Program, that any Nomination violates the Submission Requirements, is otherwise
unsuitable, offensive, or in poor taste, or violates these Official Rules, TODAY’S TMJ4
reserves the right to remove and disqualify the Nomination. TODAY’S TMJ4 retains sole
discretion as to whether any Nomination satisfies the Submission Requirements and the
Official Rules.
Privacy: By submitting a Nomination, you grant Sponsors the right without obligation,
unless prohibited by law, to use your name, voice, picture and likeness, without
compensation, for the purpose of advertising and publicizing all matters related to the
Awards Program and/or the Sponsors in any medium in perpetuity. Nominees may be
contacted to provide additional information and have their information verified.
TODAY’S TMJ4 reserves the right to request and require additional information from
Nominees in order to have their Nomination considered.
Featured Nominations: From time to time TODAY’S TMJ4 may highlight certain
Nominations (each, a “Featured Nomination”) by featuring the Nominee on-air (the
“Appearance”). The Appearance could consist of an in-studio interview with the
Nominee, a taped interview with the Nominee, a broadcast piece about the Nominee, or
some other form of feature on the Nominee, and it could include the Nominator as well.
Being selected as a Featured Nomination does not mean that a Nomination has been or
will be selected as a winner, and there is no prize associated with being a Featured
Nomination. It is simply a means of featuring certain Nominations for the audience of
TODAY’S TMJ4. Any Nominator or Nominee involved in a Featured Nomination may be
required to sign an affidavit of eligibility and release of liability and publicity (“Release
Documents”) and return such documents within seven days of issuance of notification.
TODAY’S TMJ4 may also conduct background checks on the Nominators and
Nominees involved in Featured Nominations, and the Nominators and Nominees must
reasonably cooperate with such background checks. If at any point a Nominator, or
Nominee: a) becomes ineligible, b) chooses not to participate in the Awards Program, c)
fails to sign and return required Release Documents, d) does not cooperate with the
background check, or e) is disqualified for any reason, TODAY’S TMJ4 reserves the
right to disqualify the Nomination and select an alternate Featured Nomination.
TODAY’S TMJ4 reserves the right to reschedule the broadcast date of an Appearance
because of breaking news, technical problems or unforeseen scheduling conflicts.
TODAY’S TMJ4 will attempt to notify the Nominee (and Nominator, if applicable) in
advance if the Appearance requires in-studio participation, but cancellations frequently
happen without notice. If TODAY’S TMJ4 cancels the Appearance, TODAY’S TMJ4 will
attempt to reschedule but cannot guarantee that there will be an open date on the
calendar. The Appearances may also be displayed on the TODAY’S TMJ4 website and
apps. Nominees (and Nominators, if applicable) must comply with and conform to
generally accepted broadcast standards with regard to conduct and language during his
or her Appearance on TODAY’S TMJ4, and such compliance will be determined by
TODAY’S TMJ4 staff in their sole discretion. Failure to comply with the aforementioned
standards will result in immediate disqualification from the Appearance and from the
Awards Program.
Winner Selection and Notification: After the close of the Nomination Period, a panel
of judges designated by TODAY’S TMJ4 will choose a winner in each Category from
among all eligible Nominations in each Category, provided a sufficient number of
eligible Nominations are received in each Category. The judges will determine the
winners by judging the Essays based on the following criteria: the Nominee’s
demonstrated positive, measurable impact on Southeastern Wisconsin, including but
not limited to the Nominee’s volunteer work conducted within Southeastern Wisconsin;
the quality of the writing in the Nomination and the thoughtfulness reflected in the
Nomination; and the degree to which the Nomination adheres to the criteria listed in the
selected nomination Categories. If more than one Nomination has been submitted on
behalf of a Nominee, the judges will base their evaluation on the “best” Nomination in
determining the winning Nominee and Nominator, but the judges will also take into
consideration the number of Nominations submitted on behalf of a Nominee. The judges
will also select a “Person of the Year” from among the Category winners by applying the
criteria set forth above. TODAY’S TMJ4 will attempt to notify each winning Nominator
and Nominee by email and/or telephone. If selected as a winner, the Nominator and
Nominee (and parent or legal guardian of a Nominee who is under the age of 18) may
be required to sign and return the Release Documents and the Nominator may also be
required to sign a release of the Essay. TODAY’S TMJ4 may also conduct background
checks on the Nominators and Nominees involved in winning Nominations, and the
Nominators and Nominees must reasonably cooperate with such background checks. A
selected Nominator and Nominee will be disqualified if: a) a selected Nominator or
Nominee is later determined to be ineligible; b) the Nominator or Nominee fails to
respond to TODAY’S TMJ4 within 48 hours of initial notification attempt (a Nominee in
the Legacy Award Category need not respond); c) the Nominee is unable or unwilling to
attend the Awards Ceremony (a Nominee in the Legacy Award Category is not required
to attend, but that Nominee’s Nominator must attend); d) the Nominee (and Nominator,
if required) is unwilling or unable to participate in the Appearance or the Special
(defined below); e) the Nominator or Nominee does not cooperate with the background
check; or f) the Nominator or Nominee (and parent or legal guardian as applicable) fails
to provide required identification or to sign and return required documents. In such
event, the Nomination with the next-highest score from the judges will be tentatively
declared the alternate winner (time permitting), subject to eligibility confirmation and
compliance with these Official Rules, and further subject to fulfilling the participation
conditions described herein. The decisions of the judges will be final and binding.
Awards Ceremony: The awards ceremony will take place at the Harley Davidson
Museum on 400 West Canal Street on September 25, 2019 (the “Awards Ceremony”).
Winning Nominees (or, in the case of the Legacy Award Category, the Nominator of the
winning Nominee) must be present at the Awards Ceremony to claim their awards.
Awards Ceremony Special: TODAY’S TMJ4 may record video and audio at the
Awards Ceremony for the purpose of creating a television special about the Awards
Program and Awards Ceremony (“Special”). The Special may also be displayed on the
TODAY’S TMJ4 website and apps and via other media. Winners and guests must Commented [BJH1]: Will the co-sponsor display the special?
comply with and conform to generally accepted broadcast standards with regard to
conduct and language during the Awards Ceremony, and such compliance will be
determined by TODAY’S TMJ4 staff in their sole discretion. Winner (and parent or legal
guardian of winner who is a minor) grants to TODAY’S TMJ4 the consent and the
absolute, irrevocable and unrestricted right and permission to: use, edit and create
news reports, commercial materials or other derivative works from the statements,
sounds and visual images obtained at the Awards Ceremony. Furthermore, the winner
(and parent or legal guardian of winner who is a minor) grants to TODAY’S TMJ4 the
right to copyright, record, reproduce, broadcast, distribute, edit, publish, exhibit,
disseminate, and use in any way throughout the universe and in perpetuity, the audio
and/or visual portions of any videotape, film, pictures, negatives, prints, photographs,
stills or other recordings of the Awards Ceremony in any media now known or hereafter
devised and for advertising, publicity, promotion, trade, programming or any other lawful
purpose whatsoever related thereto. Winner (and parent or legal guardian of winner
who is a minor) hereby waives any right he/she may have to inspect or approve any use
of the Special and agrees that winner will not be entitled to compensation for any use
provided for herein. Winner also agrees to secure releases from all Awards Ceremony
guests in advance of the Awards Ceremony if requested by TODAY’S TMJ4.
Awards:
• The winner in each Category will receive $1,000 for the Charity of the winning
Nominee’s choosing (or, in the case of the Legacy Award, the winning Nominator’s
choosing). Each winner will also receive complimentary transportation (provided by
Heiser Automotive Group) for two from the Nominee’s home (or, in the case of the Commented [BJH2]: Should the transportation be for four
since the winner gets four tickets?
Legacy Award, the Nominator’s home), which must be located in Southeastern
Wisconsin, to the Awards Ceremony, and up to four tickets to the Awards Ceremony.
Tickets to the Awards Ceremony are free, and the approximate retail value (“ARV”) of
the transportation is $25. The ARV of the transportation will vary depending on the
distance of the winning Nominee’s home to the Awards Ceremony, but, if the actual
ARV is less than the stated ARV, the difference in prize value will not be awarded.
• The winner of the Person of the Year Award will receive an additional $4,000 for the
Charity of the winner’s choosing.
The money portion of the prize will not be awarded directly to winner but will instead be
awarded in winner’s honor to the Nominee’s designated Charity. Sponsors will approve
the chosen Charity in their sole discretion. If Sponsors do not approve the Charity, the
winning Nominee will be asked to designate another suitable Charity. Prize is not
transferable or redeemable for cash and may not be sold, bartered or auctioned. All
properly claimed prizes will be awarded, but in no event will Sponsors award more
prizes than are provided for in these Official Rules. Please consult your tax advisor
regarding the taxation of your award because special rules may apply.
General: If, for any reason, the Awards Program is not capable of running as planned,
including infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures or any other causes beyond the control of the Sponsors that corrupt or
affect the administration, security, fairness, integrity or proper conduct of the Awards
Program, TODAY’S TMJ4 reserves the right in its sole discretion to disqualify any
individual who tampers with the nomination process and to cancel, terminate, modify or
suspend the Awards Program. If TODAY’S TMJ4 terminates the Awards Program,
TODAY’S TMJ4 will select winners from among all eligible, non-suspect Nominations
received as of the termination based on the judging criteria set forth above. Sponsors
are not responsible for any typographical or other error in the printing, the offering or the
announcement of any prize or in the administration of the Awards Program, whether
caused by computer, technical or human error. Sponsors assume no responsibility for
any error, omissions, interruption, deletion, defect or delay in operation with
transmission, communications, line failure, theft or destruction or unauthorized access
to Nominations. Sponsors are not responsible for any problem or technical malfunction
of any telephone network or lines, computer online systems, servers, equipment or
software, failure of any email or Nomination to be received on account of technical
problems or traffic congestion on the Internet or at any website, phone lines, or any
combination thereof, including any injury or damage to a participant's computer related
to or resulting from participation in the Awards Program.
Liability Release & Indemnification: By entering this Awards Program, Nominators
agree to release, discharge, and hold harmless Sponsors, the Harley Davidson
Museum, and any third parties involved with the development or administration of the
Awards Program and all of their respective parents, affiliates, and subsidiaries and all of
their directors, officers, employees, agents and assigns (the “Released Parties”) from
any claims, losses, and damages arising out of, or relating to, Nominator’s participation
in this Awards Program or any Awards Program-related activities (including, without
limitation, any event attended as part of a prize) and the acceptance and use, misuse,
or possession of any prize awarded hereunder (including, without limitation, any
misrepresentation made by the Nominator in connection with the Awards Program; any
non-compliance by the Nominator with these Official Rules; claims brought by persons
or entities other than the parties to these Official Rules arising from or related to the
Nominator’s involvement with the Awards Program; acceptance, possession, misuse or
use of any prize or participation in any Awards Program-related activity or participation
in this Awards Program; any malfunction, error or other problem arising in connection
with the collection, processing, or retention of entry information; or any typographical or
other error in the printing, offering or announcement of any prize or winner). The
foregoing includes, without limitation, any claim for personal injury, property loss or
damage, or death arising in any way in connection with the Awards Program.
Other Terms: Sponsors reserve the right to disqualify, freeze or prohibit the
participation of an individual if fraud or tampering is suspected, or if the individual fails to
comply with any requirement of participation or with any provision in these Official
Rules. Sponsors reserve the right to disqualify any individual from further participation in
the Awards Program if Sponsors conclude, in their sole discretion, that such person: (a)
has attempted to tamper with the nomination process or other operation of the Awards
Program; (b) has disregarded or has attempted to circumvent these Official Rules; (c)
has committed fraud or attempted to undermine the legitimate operation of the Awards
Program; or (d) has acted toward Sponsors or any other Nominator or Nominee in an
unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute
arises regarding compliance with these Official Rules, Sponsors may consider, in their
sole discretion, data reasonably available to Sponsors through information technology
systems in Sponsors’ control, but Sponsors will not be obligated to consider any data or
other information collected from any other source. Any failure by Sponsors to enforce
any of these Official Rules will not constitute a waiver of such Official Rules. If there is a
conflict between any term of the Official Rules and any marketing or entry materials
used in connection with the Awards Program, the terms of these Official Rules will
govern.
Governing Law and Jurisdiction: EXCEPT WHERE PROHIBITED, NOMINATORS
AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING OUT OF OR CONNECTED WITH THIS AWARDS PROGRAM, OR AWARD,
WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS
ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE
LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY NOMINATOR WITH
REGARD TO THIS AWARDS PROGRAM, BUT IN NO EVENT ATTORNEYS’ FEES,
PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and
questions concerning the construction, validity, interpretation and enforceability of these
Official Rules, or the rights and obligations of Nominators, Nominees, and Sponsors in
connection with the Awards Program will be governed by and construed in accordance
with the laws of the State of Ohio, without giving effect to any choice of law or conflict of
law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than Ohio. The state and federal courts
located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to
these Official Rules and/or this Awards Program. All participants and winners agree, by
their participation in the Awards Program, to submit to the personal jurisdiction of the
state and federal courts in Hamilton County, Ohio and waive the right to contest
jurisdiction.
Severability: If any provision(s) of these Official Rules is held to be invalid or
unenforceable, all remaining provisions hereof will remain in full force and effect.
Winners List: For the winners list, available after August 1, 2019, send a self- Commented [BH3]: Last year, we made the winners list
available after the awards ceremony. Would you like to do the
addressed, stamped envelope to: Positively Milwaukee Awards Program, 720 E. Capitol same this year? Also, I don’t think the winners list will be available
Drive Milwaukee, WI 53212 to be received by September 30, 2019. August 1 anyway because it will take some time to judge the
entries.
Sponsors: Scripps Media, Inc., d/b/a d/b/a TODAY’S TMJ4, 720 E. Capitol Drive
Milwaukee, WI 53212, and Heiser Automotive Group, 11301 West Metro Auto Mall,
Milwaukee, WI 53224.