1. Sponsors. This local market contest (“Contest”) is sponsored by KSNW-TV (the “Station”), 833 N Main Street, Wichita, KS 67203, Taco Pronto, 8385 W 21st St N, Wichita, KS 67205, and Two M Motorsports, 6311 S Seneca St., Wichita, KS 67217 (collectively, the “Sponsors(s)”). This Local Market Contest is void where taxed, restricted, or prohibited and is subject to all local, state, and federal laws. By entering, each entrant accepts and agrees to be bound by these Official Rules and the decisions of the Sponsors(s), which shall be final and not subject to appeal.
This Contest is being offered in association with the national Second Street Auto Racing Contest, which is separately sponsored by Second Street Media Inc. (“Second Street”) and begins at 12:01 AM EST on February 8, 2019. The Second Street contest rules are included below for review and acceptance.
APPLE IS NOT INVOLVED IN ANY WAY IN THIS CONTEST/SWEEPSTAKES. THE SPONSOR(S) IS/ARE SOLELY RESPONSIBLE FOR PROVIDING THE PRIZE(S) LISTED HEREIN. THE PRIZE(S) WON ARE NOT APPLE PRODUCTS, NOR ARE THEY RELATED TO APPLE IN ANY WAY. THE RESPONSIBIITY OF ORGANIZING THIS Sweepstakes AND DISTRIBUTING THE PRIZE(S) ARE THE SPONSORS’ RESPONSIBILITIES. APPLE DOES NOT SPONSOR THIS CONTEST/SWEEPSTAKES IN ANY WAY.
2. Eligibility. No purchase necessary to enter. This Contest is open to permanent legal U.S. residents who reside within KSNW’s viewing area and who are at least 18 years of age at the time of entry. Current or former employees of KSNW, Nexstar Media Group, Inc. and its subsidiaries, the other Sponsors, the other television and radio stations and multichannel video programming distributors in KSNW’s viewing area, their parent companies, subsidiaries, affiliates, advertising or promotional agencies (including anyone who prepares and/or distributes Contest materials), and the immediate family members or persons living in the same household (whether related or not) of all the foregoing are not eligible to participate or win. The term “immediate family members” includes spouses, grandparents, parents, siblings, children and grandchildren.
Participants are eligible to win a KSNW contest or sweepstakes only once (1) every SIXTY (60) days. Only one (1) winner per household is permitted in any contest or sweepstakes. Participants are eligible to win a prize valued at $600.00 or more only once (1) every six (6) months. Text, data, or messaging rates may apply.
3. Entry. This Local Market Contest will begin accepting entries April 10, 2019 at 11:01 PM CT and ending on November 17, 2019 at 1:45 PM CT (the “Entry Period”). To enter the Contest, entrants must visit KSNW and submit an entry form.
Entrants must include their name, phone number, e-mail address, date of birth and driver selections in order to enter. Individual driver selections can be added to the entry form at least three days prior to the official race date. Driver selections will be available, at the latest, beginning each Tuesday before the race during the Entry Period. Please note that drivers may change, without notice from the Sponsors, at any point up to the official race start time. Such changes are beyond the control of the Sponsors. As noted below, driver selections may be made or updated up to fifteen (15) minutes before the official start time.
For purposes of driver selections, each eligible entrant will be presented with a pre-selected list of races for that week and the participating drivers. Entrant must select the top ten (10) finishers for each available race.
Entrants will be awarded points depending on how the driver’s they select finish the race.
First Place: 150 points
Second Place: 125 points
Third Place: 100 points
Fourth Place: 80 points [NOTE: Points being reduced by 2 points for each subsequent place]
Fifth Place: 78 points
Sixth Place: 76 points
Seventh Place: 74 points
Eighth Place: 72 points
Ninth Place: 70 points
Tenth Place: 68 points
Up to Forty-third (43rd) Place at 2 points.
Drivers who finish in Forty-fourth (44th) Place and beyond will not receive any points. Points are awarded for the drivers, not for the cars being raced. Entrants must have the driver picked to get the points for each pick, regardless of the car being driven.
The total points for the ten (10) drivers that entrant selects for the race becomes the Team Score.
For example, if entrant picked a driver to finish in Second Place (2nd) and the driver finishes in Fourth Place (4th), entrant will receive eighty (80) points towards the Team Score.
There will be a twenty-five (25) point bonus for each driver that comes in the exact place entrant picked the driver to finish.
For example, if entrant picked a driver to finish in Second Place (2nd) and the driver finishes in Second Place (2nd), entrant will receive one hundred twenty-five (125) points PLUS a twenty-five (25) point bonus to the Team Score.
Entrants may complete driver selections up to approximately fifteen (15) minutes BEFORE the official start time of each race. Less than fifteen (15) minutes prior to the official start time of each race, entrants will be locked out of the driver options and thus unable to make or change driver selections. Race start times are subject to change and races may be moved forward or backwards in the schedule. In the event that any selections are submitted after the official race start time, those driver selections will be considered invalid, and no points will be awarded. Entrant may change a pick for any race up until fifteen (15) minutes prior to the time that race starts, and the selection system is locked. Entries must be completed on time. Once a race is locked, entrant may not change driver selections for that race.
The Local Market Sponsors will select one (1) Local Market winner per race/per week, except for the weeks noted immediately below, and one (1) Local Market overall season winner.
There are no races scheduled during the following weeks:
- April 14 – April 27, 2019
- May 12 – May 25, 2019
- June 16 – June 22, 2019
- August 18 – August 31, 2019
Incomplete entries will not be considered. All entries must be complete and received by
November 17, 2019 at 1:45 PM CT. One (1) entry per person will be accepted.
The eligible entrant who has the highest per race/per week Team Score will be selected as the Local Market per race/weekly winner.
The eligible entrant who has the highest overall Team Score, with the most cumulative points for the entire season, will be selected as the Local Market overall season winner.
Sponsors(s) is/are not responsible for computer, telephone service outages, delays, equipment malfunctions, busy signals, hang-ups, errors or data loss of any kind, lost or unavailable connections, or late, lost, failed, illegible, incomplete, garbled or deleted entries, transmissions, or voicemails or other network or technological difficulties that may prevent an individual from completing his/her telephone call or online entry, or for printing errors in any advertisement, entry form, or these Official Rules.
Sponsors(s) is/are not responsible for any delays, blackouts or cancellations associated with the broadcast of any associated programming.
Entry materials that have been tampered with or altered are void. Any automated or computer-generated entries, fake or duplicate identities, spam, or improper techniques (as determined by Sponsors(s)) will be disqualified. Any questions regarding the validity, completeness, or number of entries submitted by an individual or the identity of the authorized account holder of an e-mail address, phone number, or social media profile shall be determined by Sponsors(s) in its/their sole discretion. If the Sponsors(s) determine(s), in its/their sole discretion, that there is any suspected or actual tampering with the Contest (electronic or otherwise) or if technical difficulties (e.g. infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors(s)) compromise the security, fairness, integrity or administration of the Contest, the Sponsors(s) reserve(s) the right to void the entries at issue and/or modify, suspend, cancel or terminate the Contest and conduct a random drawing to award the prize among all eligible entries received as of the termination date. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted online at www.ksn.com/contests. Sponsors(s) reserve(s) the right to disqualify any entrant that tampers with the operation of the Contest or website or violates the Official Rules of the Contest. The Sponsors(s) reserve(s) the right to disqualify any entrant who acts in a disruptive, harassing, vulgar, or unsportsmanlike manner, as determined by the Sponsors(s) in its/their sole discretion. Entries not conforming to these entry specifications will not be acknowledged or returned.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS(S) RESERVE THE RIGHT TO PROSECUTE OR SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Odds of Winning. The odds of winning depend on the number and accuracy of the eligible entries received.
5. Prize(s). There will be twenty-nine (29) winners, including one (1) Local Market per race/week winner AND one (1) Local Market overall winner, in this Contest based on the driver points system established above.
Each week during the Entry Period, the Sponsors, based on the driver points system detailed above, will announce one (1) Local Market per race/week winner within 48 hours of the close of that week’s race. Each Local Market per race/week winner will receive one (1) $25 Gift Card redeemable at Taco Pronto, 8385 W 21st St N, Wichita, Kansas 67205 OR 7333 W Central Ave, Wichita, Kansas 67212 and one (1) $25 Gift Card redeemable at Two M Motorsports, 6311 S Seneca St, Wichita, Kansas 67217. The approximate retail value of Local Market per race/week winner prize(s) is $50.00.
The Sponsors, based on the driver points system detailed above and with the most cumulative driver selection points for all races run during the Entry Period, as part of the official 2019 season, will announce the one (1) Local Market overall winner within 48 hours of the close of the last race, scheduled for November 17, 2019. The Local Market overall winner will receive one (1) $25 Gift Card redeemable at Taco Pronto and one (1) $25 Gift Card redeemable at Two M Motorsports. The approximate retail value of Local Market overall winner prize(s) is $50.
In the event of a tie where two or more eligible entrants have the same total of points, the eligible entrant that has the most correct driver selections will be determined as the winner.
As noted above, there may be up to a 48-hour delay after the completion of a race for points to be calculated and points totaled for each race. Final race results will be based on the official race results once they are posted. Any later modifications to these results after the official race results are originally posted will not be considered in the points being awarded for this Contest.
All results are unofficial until winner(s) is/are verified by the Sponsors(s). Prizes may not be exchanged, substituted, transferred or redeemed for other prizes by winner. Cash will not be awarded as a substitute for prize. Prizes are awarded ‘as is’ with no guarantees or warranties as to use, merchantability, or fitness for a specific purpose, and theSponsors(s) is/are not responsible for defective prizes. Sponsors(s) reserve(s) the right to substitute a prize in their sole discretion without an on-air or off-air announcement, in which case a prize of equal or greater value will be awarded.Other terms and conditions may apply.
6. Conditions for Acceptance of the Prize(s). The winners must claim the prize(s) in-person at the Station, 833 N Main Street, Wichita, KS 67203, during regular business hours (Monday – Friday from 8:00 AM CT to 5:00 PM CT). Prize(s) will not be mailed under any circumstances. The prize(s) must be claimed by 5:00 PM CT on December 6, 2019 or it/they will be forfeited. Winner(s) will be required to provide a valid government issued photo identification card and to execute an affidavit of eligibility and publicity and liability release prior to receiving their prize(s). The Station may require the winner’s guests, invitees, or travel companions to sign liability releases prior to receiving the prize. All unclaimed or rejected prizes will be forfeited. Failure by the winner(s) to respond to the Station’s messages, calls, e-mails or other notifications will lead to forfeiture of the prize(s). Failure to completely fill out and sign all waivers, releases, or forms requested by the Station will result in forfeiture of the prize(s). Upon forfeiture of the prize(s), the Station has the right to award that prize to another winner using the method described above. A winner who forfeits any prize is not eligible to win another Contest conducted by the Station for thirty (30) days.
Payment of all federal, state and local taxes is the sole responsibility of the winner(s) and the winner(s) may receive an IRS 1099 Form or equivalent from the Sponsors(s). The Sponsors(s) will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winner(s) is/are required to fill out any tax forms requested by the Sponsors(s) in order to receive their prize(s).
Winner will be solely responsible for any and all license and registration fees, accommodations, transportation costs, gratuities and all other items of an incidental nature. Prize(s) may subject to availability. All expenses on receipt and use of prize(s) are the sole responsibility of the winner(s), the Sponsors(s) is/are not responsible for any weather changes or extenuating circumstances relating to a prize received. The Sponsors(s) is/are not responsible for replacing or reimbursing winners with any form of compensation for events that are delayed or canceled. All delays and cancellations are deemed beyond the control of the Sponsors(s). This includes, but is not limited to, event cancellations, trip schedule changes, flight cancellations, changes in travel arrangements, travel delays of any form and duration, game cancellations and delays, as well as all acts of nature. Sponsors(s) will not be responsible for failure to supply the prize(s) by reason of any force majeure events, such as acts of God, war, terrorist attacks, unusually severe weather, labor strikes, or other causes beyond the control of the Sponsors(s).
By accepting the prize, the winner or winners agree to have their name, voice, likeness, biographical information, and entry materials used in any advertising or broadcasting material relating to this Contest, and in any media whatsoever, including the Station, Facebook and on www.ksn.com, for any purpose whatsoever, worldwide, in perpetuity, without any further authorization or compensation to the winner.
7. Social Media. For contests or sweepstakes conducted or promoted on Facebook, Twitter, Instagram, YouTube, Snapchat, iHeartRadio, or any other social media website (each a “Social Media Site” and collectively the “Social Media Sites”), the Sponsors reserve the right to void any entrant’s entry in the Sweepstakes for failure to abide by the guidelines, policies, or procedures of the applicable Social Media Site, and to delete or remove any of entrant’s related “Likes,” comments, posts, tweets, videos, photos, user generated content, or other electronic messages, communications, or submissions at their discretion. The Sponsors also reserve the right to block, ignore, report, and/or completely prevent any entrant, account, user, or profile from accessing the Sweepstakes and/or the Sponsors’ profile(s), account(s), website(s), blog(s) or handle(s). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. By entering this Sweepstakes, entrants agree to release and hold the Social Media Sites harmless from any or all claims, liability, damages, judgments, fines, costs, expenses related to or associated with their participation in this Sweepstakes. Entrants understand that by logging-in to the applicable Social Media Site, that they agree to comply with the Social Media Site’s Terms of Service, and that their personal information is subject to the Privacy Policies and information collection practices of the Social Media Site. Entrants agree that the Sponsors are not responsible for the collection, disclosure, transfer, or dissemination of their personal information, whether directly or indirectly, by third party advertisers, marketers, or any other transferees. For entries submitted through the Social Media Sites, the Sponsors may be limited to using the information in a manner set forth by the Social Media Sites and in no other way.
8. Limitation on Liability. Sponsors(s) disclaim(s) all liabilities to the winner(s) with respect to receipt and use of the prize(s). Winners and their guests or travel companions, by acceptance of their prize(s), agree to release and hold the Sponsors(s) and its/their affiliated companies, their advertising, promotion and production agencies, and their respective parent companies, subsidiaries, affiliates, officers, shareholders, directors, employees, agents and representatives harmless from any and all liability, claims, causes of actions, damages, fines, and costs of any kind whatsoever (including reasonable attorney’s fees) which may be sustained directly or indirectly to persons or property in connection with the receipt, ownership or use of the prize or while preparing for, participating in, and/or traveling to any Contest or prize-related activity.
9. Reservation of Rights. Sponsors(s) reserve(s) the right to make changes to these Official Rules in their sole discretion which will become effective upon announcement. Sponsors(s) reserve(s) the right to cancel or terminate this Contest for any reason in the event that it cannot be run or administered as intended by the Sponsors(s). Any such changes or termination will be announced on www.ksn.com.
10. Contact Information. For questions or more information about this Contest, please contact KSNW at 833 N Main Street, Wichita, KS 67203. For a copy of these rules, addendum, and/or list of winners please go to www.ksn.com/contests or send a self-addressed stamped envelope to KSNW, 833 N Main Street, Wichita, KS 67203, within thirty (30) days of the end of this Contest.
See Second Street’s Contest Rules below.
SECOND STREET AUTO RACING CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA AT THE TIME OF ENTRY.
These Official Rules are for the SECOND STREET AUTO RACING Contest (the “Contest”), which is a nationwide contest (including both the United States and Canada) Sponsored by Second Street Media Inc. (“Sponsor”). Local affiliates who choose to participate in this Contest may offer prizes for their participants only, but eligibility for those prizes may be restricted to individuals in the affiliate’s local area.
Contest entries will be accepted beginning at 12:01 am ET on February 7, 2019. Entries will be accepted until the published start time for each race as posted on the picks page of this website.
Limit one (1) entry per person.
This Contest is not intended to be used for gambling purposes. If it is determined that a participant is using the Contest for gambling purposes, he/she will be disqualified.
1. ELIGIBILITY: This Contest is open to legal residents of the 50 states of United States and the District of Columbia, who are 18 years of age or older, and legal residents of Canada (excluding Quebec), who are of legal age of majority in their province of residence, at the time of entry. Local affiliates may restrict eligibility for affiliate prizes; eligibility for local affiliate prizes will be posted on the local affiliate’s website. Employees of Sponsor and participating affiliates (the “Promotion Parties”), and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and households of each such employee are not eligible to participate or win a prize. This contest is void in Quebec and where prohibited by law.
2. HOW TO PLAY: For each race, pick the drivers you think will finish in 1st through 10th place for the race. Picks must be submitted 15 minutes before the race is scheduled to start. Entrants will be awarded points depending on how the driver’s they select finish the race. 1st place is worth 150 points, 2nd place is worth 125 points, 3rd place is worth 100 points, 4th place is worth 80 points, 5th place is worth 78 points, with the number of points being reduced by 2 points for each subsequent place from 6th place (76 points ) to 43rd place (2 points). Drivers who finish in 44th place and beyond will not receive any points. The total points for the ten drivers you selected for the race becomes the Team Score. There is a 25 point bonus for each driver that comes in the exact place you picked the driver to finish, e.g., if you picked a driver to finish in 2nd place and the driver finishes in 2nd place, you will receive a 25 point bonus to the Team Score.
Your total score for the Contest will be the combined sum of your best 15 races.
If there is a tie for the most points for a race, the tie breaker will be based first on which tied entrant had the most drivers picked in the correct place for the race. If there is still a tie, the entrant who picked the highest place correct will be declared the winner. If there is still a tie, the computer will randomly select a winner from the remaining entrants that are still tied after the first two tie-breakers.
If there are ties for overall score, the entrant with the most points for the most recent race will be declared the winner. If there is a tie, the computer will continue comparing race points for the most recent previous races, one-by-one, until a winner is selected. If any entrant are tied for all the races, the computer will randomly select a winner from the entrants that are tied for all races.
Points are awarded for the drivers, not cars. If a entrant picks a driver who qualified for race and a new driver took his/her place before the start of the race, the entrant must pick the new driver. Entrants will not receive points even though the new driver may be racing the car of the driver that the entrant selected. And, if the new driver is not in the list of drivers that can be picked then no entrants shall have the ability to pick that driver.
Weekly winners are not posted until the official governing body for the race has released the official race results and any modifications to the finish order have been made. This can be anywhere from 24 to 48 hours after the conclusion of the race. Any modifications to the race results after the official race results are posted will not be considered.
Per race – One Sprint Cup themed Fathead of the winner’s choosing will be provided to the winner (as specified above) by Fathead, LLC. The approximate retail value of the weekly prize is $89.
Overall – The Grand Prize is a trip for two to the 2020 Daytona 500 valued at $4,200 provided by Second Street. Included are 4 days and 3 nights accommodations, two tickets (each) to the Friday, Saturday and Sunday races and $1,000 airfare voucher. The winner can choose to accept the $4,200 in cash.
3. WINNER NOTIFICATION: Winners will be notified by email. All posted results are unofficial until winners are verified. If a winner does not respond within seven (7) days of the initial notification email, the prize will be forfeited and awarded to the next highest scoring participant. Prizes won by an eligible participant who is a minor in his/her state of residence (a resident of AL or NE who is 18 years of age) will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of participants.
4. GENERAL CONDITIONS: Participants agree to abide by the terms of these Official Rules and that the decisions of the Sponsor are final and binding on all matters pertaining to the Contest. The Promotion Parties reserve the right to substitute any prize with another prize of equal or greater value. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor.
The Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are provided only by the manufacturer, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Each winner is responsible for all federal, state and local taxes and may be required to complete an IRS form W-9. Sponsor reserves the right to withhold prizes until completed form W-9 is received.
A participant grants to Sponsor and the local affiliates the right to use and publish his/her proper name and state/province or residence online and in print, or any other media, in connection with the Contest. By accepting a prize, a winner grants Sponsor and the local affiliates the right to use his or her name and likeness for advertising and promotional purposes without further compensation. Participants agree (a) to release and hold Sponsor, Promotion Parties and all of their respective officers, directors, employees, representatives and agents harmless from any and all liability for any injuries, losses or damages of any kind, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Contest; (b) that under no circumstances will participants be permitted to obtain awards for any punitive, incidental or consequential damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
6. LIMITATIONS OF LIABILITY: Sponsor and Promotion Parties are not responsible for Internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God, lost, late, misdirected, postage-due, unintelligible, returned, undelivered entries or email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Contest or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by the Sponsor, will be disqualified. Neither Sponsor nor Promotion Parties are responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like methods of play will void all such plays, and may subject that participant to disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her submissions) who tampers with the submission process. Neither Sponsor nor Promotion Parties are responsible for injury or damage to participant’s or any other person’s computer or property related to or resulting from participating in this Contest. Should any portion of Contest be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or Contest plays, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest.
7. WINNERS: For a list of national winners, mail a self-addressed, stamped envelope to: Second Street Media, Inc., 1017 Olive Street, Mezzanine Level, St. Louis, MO, 63101, Attn: Auto Racing Contest Winners List. Requests must be received by Dec 15, 2019.
This contest is sponsored by Second Street Media, Inc., 1017 Olive Street, Mezzanine Level, St. Louis, MO, 63101.
© 2019 Second Street Media, Inc.
The content, information, data, designs and code associated with the Contest website are protected by intellectual property and other laws. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.