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 12:01am CT on May 25,2023 and runs through 11:59:59 p.m. CT on August1, 2023 (the “Nomination Period”). The Awards Program is sponsored by Scripps Media, Inc. d/b/a, 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 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 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. 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 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, 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. • Inspiring Senior 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. • 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. • Military Service Award – An active duty, reserve or guard member, or veteran/retiree who has shown exemplary service to country in all aspects of their life. Nominees should have an honorable record of military service, as well as an active and inspiring role in their civilian life in Southeast Wisconsin. Nominations must be received no later than 11:59:59 p.m. CT on August 1,2023. 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 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 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 must not invade any third party’s right of privacy or publicity; and • otherwise, be appropriate for publication or broadcast or display on a general interest 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, Nominator grants to Sponsors (and to those acting on their behalf) a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the Essay) to display or otherwise use the Essay in connection with this Awards Program and as set forth herein. TMJ4 reserves the right to edit the Nomination as it sees fit for use in publication or promotion. If 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, TMJ4 reserves the right to remove and disqualify the Nomination. 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. 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 during 2023, TMJ4 may highlight certain Nominations (each, a “Featured Nomination”) by featuring the Nomination 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 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. 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, TMJ4 reserves the right to disqualify the Nomination and select an alternate Featured Nomination. TMJ4 reserves the right to reschedule the broadcast date of an Appearance because of breaking news, technical problems or unforeseen scheduling conflicts. 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 TMJ4 cancels the Appearance, 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 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 TMJ4, and such compliance will be determined by 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 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 an “Inspiration of the Year” winner from among the Category winners by applying the criteria set forth above. 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. 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 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; e) the Nominator or Nominee does not cooperate with the background check; or f) the Nominator or Nominee (and parent or legal guardian) 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 be a live event or prerecorded, and the details are to be determined by Sponsor (the “Awards Ceremony”). Sponsor will contact the Winning Nominees (or, in the case of the Legacy Award Category, the Nominator of the winning Nominee), and the Winning Nominees and Nominator of the Winning Nominee must be willing to participate in potential appearance(s), whether in person or virtual (“Appearance”), in order for WTMJ to record video(s) of potential Winning Nominees’ achievements, reaction to them winning, and presentation of Nominees award. These details are to be determined by Sponsor, at a time convenient for Sponsor. Winning Nominees and Nominator of the Winning Nominee will be required to comply with generally accepted standards of dress and behavior for broadcast and may be required to sign a release. Awards: • The winner in each Category will receive $1,000 for the Charity of the winning Nominee’s choosing. • The winner of the Inspiration 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. Subject to all terms, conditions and restrictions on gift card or imposed by issuer. 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 which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Awards Program, 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 TMJ4 terminates the Awards Program, 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, Sponsor Affiliates and 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, any Sponsor Affiliates, 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 are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Winners List: For the winner names, available after November 30, 2023, send a self- addressed, stamped envelope to: Positively Milwaukee Awards Program, 720 E. Capitol Drive Milwaukee, WI 53212 to be received by December 31, 2022. Sponsors: Scripps Media, Inc., d/b/a d/b/a TMJ4, 720 E. Capitol Drive Milwaukee, WI 53212, and Heiser Automotive Group, 11301 West Metro Auto Mall, Milwaukee, WI 53224.