LIVE’s Pawfect Pet Photo Contest
OFFICIAL RULES
NO PURCHASE NECESSARY TO WIN
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Description: LIVE’s Halloween Countdown Trivia (“Sweepstakes”) weekday viewing period begins on October 26, 2015 at 9:01 a.m. eastern time (“ET”) and ends on October 29, 2015 at 11:59 p.m. ET where viewers are invited to watch the LIVE with Kelly and Michael television program (“Show”) each day (“Sweepstakes Period”). Check local TV listings for Show schedules in your local viewing area, which may be changed or pre-empted without notice or check local station broadcasting programs for details. Participants are invited to view participating viewer’s choice video clips or video clips about a previous Halloween Show (“Video”) for each weekday (Monday through Thursday) that will appear on air during the second half of each Show’s broadcast (“Show Day”) and then answer a question about one of the Video clips online. See How to Enter in section 3 below. Viewers will receive one (1) entry into a daily Sweepstakes drawing for a correct answer to that day’s Question they submit for a given Show Day. Sponsor’s computer shall be the official clock for purposes of the Sweepstakes and all times (as hereinafter defined) refer to ET.
2. Eligibility: The Sweepstakes is only open to persons who are permanent legal residents of the 50 states of the U.S., the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein and who are eighteen (18) years of age or older as of the date of entry. If an entrant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska in the U.S., or residents of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada under 19 years of age; or residents of Mississippi who are between 18-21 years of age) (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Sweepstakes and/or submitting any personally identifiable information. Entrants must have either a valid Social Security number, a valid U.S. personal tax identification number and/or a Social Insurance number for Canadian residents. Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Company, Inc., WABC-TV, LIVE with Kelly and Michael (“Show”), Disney *ABC Domestic Television, Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively "Sweepstakes Entities") and/or members of their immediate families (spouses, children, siblings, parents, domestic partner) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.
3. How to Enter: To enter the Sweepstakes, access one of the web sites located at access www.LIVEKellyandMichael.com or www.facebook.com/LIVEKellyandMichael (“Web Sites”) and click on either the Sweepstakes banner or text link, both of which will open the Sweepstakes home page. Entrants will be prompted to submit his/her Answer to the “Question” relating that Show Day’s Video clip and complete the entry form to receive one (1) entry into that day’s Sweepstakes drawing if the Answer is correct (“Daily Entry”). Information required on the entry form consists of: entrant’s first name and last name; complete home address (including street address, city, state/province and zip code/postal code); email address; date of birth; daytime telephone number and agreement to the Official Rules and Sponsor’s Terms of Use (“Entry Information”). All required Entry Information must be completed in full and must be accurate, current, true and valid. The Entry Information must match the information of the entrant who completed the act of physically entering the Sweepstakes. If an entrant is deemed a Minor in his/her jurisdiction of residence, then he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Non-winning Daily Entries containing a correct Answer will be retained and entered into subsequent Daily Sweepstakes drawings during the Sweepstakes Period. Limit one (1) Daily Entry per person/email address/per Show Day during the Sweepstakes Period. Each Show Day’s Daily Entry containing a correct Answer must be received by 11:59 p.m. (ET) that same day. The last Daily Entry must be received by October 29, 2015 at 11:59 p.m. ET. If an entrant submits an Answer to a Question from a previous Show Day, that entry will be disqualified. Entries by the same person in excess of the limits stated herein will be disqualified. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s entries and that entrant may be disqualified. Once an email address has been entered by an entrant, that email address cannot be used by any other person on the Web Site. Only the entrant registered under a particular email address on the Web Site may participate in the Sweepstakes. Proof of delivery or receipt of an Entry will not be deemed by Sponsor as proof of Entry. Any attempted form of Entry other than as described herein is void. If an entrant opts to enter from Facebook, he/she must understand that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook and Facebook is completely released of all liability by each entrant in this Sweepstakes. Sponsor has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. Each entrant understands he/she is providing his/her information to the Sponsor and not to Facebook. THE WEB SITES MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF AN ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS THE WEB SITES AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
4. Prizes/Odds of Winning: Four (4) Prizes will be awarded: Each prize winner will receive a one-thousand ($1,000) cash prize awarded in the form of a check (“Prize”). Approximate retail value (“ARV”) of each Prize is: $1,000 USD. The total ARV of all prizes: $4,000 USD. Odds of winning a Prize depends on the total number of eligible Daily Entries received containing a correct Answer during the Sweepstakes Period. Limit one (1) prize per person/per household. All monetary values are expressed herein are U.S. dollars (“USD”). Prize(s) cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. Sweepstakes Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to a prize or prize component. All Prize details/components are selected in Sponsor’s sole discretion. Prize(s) and prize components are non-refundable, non-endorsable and non-transferable. Prize restrictions/conditions stated herein may be subject to additional restrictions/conditions, which will be stated in the Affidavit/Release (described below) and/or other documents (if applicable). Prizes, documentation, and prize notifications will only be shipped to U.S., D.C., and Canada (excluding Quebec) addresses provided by participants in his/her Entry Information. All federal, state, provincial and/or other taxes are the sole responsibility of each Prize winner. Customs and import fees are the sole responsibility of any Canadian prize winner. Prize winners will receive a 1099 form from the Sponsor for the total ARV, as stated herein, of his/her Prize that he/she won in the calendar year that he/she won. Any depiction of the prizes or prize components, in Sweepstakes materials or otherwise, is for illustrative purposes only. Sweepstakes Entities are not responsible for any diversions or substitutions, or any act or omission whatsoever with respect to the prizing. Final eligibility for the award of any prize is subject to eligibility verification as set forth below.
5. Drawing and Notification of Winners: Potential winners will be randomly selected from all eligible Daily Entries received containing a correct Answer in a series of drawings to be held on or about two (2) business days after each Show Day (“Drawings”) in Burbank, CA by the Sweepstakes administrator, an independent compliance organization. The last Drawing will take place on or about November 2, 2015 and will contain all of the entries that rolled over from each Show Day. Potential winners (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about the Drawing date. If a potential winner cannot be reached after a reasonable effort within a five (5) day period, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If a potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize notification documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion.
6. General Conditions: The Sweepstakes is subject to all applicable federal, state/province and local laws, and to these Official Rules (collectively “Rules and Laws”). By participating, entrants agree to (i) be bound by these Rules and Laws and the decisions of the Sponsor/Sweepstakes administrator, which are final and binding in all respects; (ii) waive any right to claim ambiguity with the Rules and Laws; (iii) indemnify and hold harmless the Sweepstakes Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Sweepstakes, including but not limited to, the acceptance, possession, use, or misuse of any prize (or prize component) awarded; and (iv) release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Potential Prize winners (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor), will be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release and any other documentation that the Sponsor and/or Sweepstakes administrator may require (collectively, “Affidavit/Release”) within five (5) business days after receipt, or potential Prize winner may be disqualified. If a potential Prize winner fails to sign and return the Affidavit/Release within the required time period (as applicable above), such potential Prize winner forfeits any prize eligibility and an alternate Prize winner may be selected at Sponsor’s sole discretion. Prize winners will be provided a FedEx account number for the return of the original documents. By completing an Affidavit/Release, each Prize winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If a winner is a Minor, prize will be awarded in the name of his/her parent/legal guardian. If a Canadian resident is selected as a winner, he/she must correctly answer a time based, mathematical skill-testing question administered by telephone without assistance or mechanical or electronic aid to be eligible for a prize. If the selected Canadian potential winner cannot be reached within five (5) days of the first attempt to administer the skill-testing question, he/she may be disqualified in Sponsor’s sole discretion. Official Rules will be posted on the Web Site during the Sweepstakes Period. If an entrant chooses to opt-in to receive communications from a participating Sweepstakes Entity, his/her Entry Information will be subject to that Sweepstakes Entity’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from that particular Sweepstakes Entity. Opting in to receive communications does not improve one’s chances of winning the prize. The privacy policy for any Sweepstakes Entity participating in an opt-in will be accessible from the Sweepstakes Entry form. Any personal information supplied by entrants and/or winners will be subject to Sponsor’s Privacy Policy http://disneyprivacycenter.com and Terms of Use http://disneytermsofuse.com and the Facebook Community Guidelines which each policy respectively may be modified from time to time. Except where prohibited by law or Sponsor’s Privacy Policy, an entrant who submitted his/her Entry Information and/or a Prize winner’s acceptance of a prize constitutes permission of such entrant or winner (or his/her parent/legal guardian if he/she is a Minor) for the Sweepstakes Entities to use entrant or winner’s name, address (city and state), photograph, likeness, biographical information, statements, and voice for advertising/publicity purposes worldwide and in all forms of media (including but not limited to posting on the Web Sites), now known or hereafter devised, in perpetuity throughout the universe without further compensation, in relation to the Sweepstakes or the prize(s) awarded. Sponsor has the right to modify, use, assign and/or dispose of Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. However, Sponsor will not provide any personally identifying information of a Minor, regardless of its source, to any third party without the express written consent of entrant’s parent/legal guardian. If, for any reason, Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and instruct the Sweepstakes administrator to conduct the drawing and award the prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the prize in a manner that is fair and equitable and notice of such will be posted on Sponsor’s Web Sites. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be (i) tampering with the Entry process or the operation of the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for a prize and may be prosecuted to the full extent of the law. In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must be the entrant, comply with these Official Rules and, at Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
7. Disclaimers: Sweepstakes Entities are not responsible or liable for Entries that are entered by methods other than human means (such as by an automated computer program or any non-human mechanism, entity, bot or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules, and such Entries will be disqualified. Once submitted, Entries become the sole property of the Sponsor and will not be returned. By registering or submitting an entry into this Sweepstakes, each entrant agrees and releases Sweepstakes Entities and their respective agencies, officers, directors, and employees or any other company or person(s) providing a prize or prize components from any and all liability/responsibility with respect to the prize(s) awarded and/or participation in this Sweepstakes (including without limitation any property loss, damage, personal injury, or death); human error; incorrect or inaccurate transcription of Entry Information; Web Sites incompatibility with mobile, hand-held or tablet devices; acceptance/possession, use/misuse, and/or defects of a prize (or prize component) awarded herein; any technical malfunctions of the telephone network, satellite, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the Sweepstakes, the Web Sites, the Entry form, or any online service via the internet due to hardware or software compatibility problems; any damage to entrants (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, or elements of the Sweepstakes even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused by or have contributed to (i) any wrongful, negligent or unauthorized act or omission on the part of any entity (or any of its agents, servants, employees, prize suppliers or independent contractors); (ii) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor; or (iii) any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant or entrants bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes and in no event will entrants be permitted to obtain attorneys' fees or other legal costs; and, under no circumstances, will an entrant be entitled to awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
9. Rules/Winners’ List: To receive a copy of the Official Rules or the Winners’ Information, send a self-addressed stamped envelope to: LIVE’s Halloween Countdown Trivia “Rules” or “Winners’ List” (specify which), P.O. Box 6611, Burbank, CA 91510. Official Winner’s Information available after October 29, 2015. All requests must be received by December 29, 2015.
10. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
11. Sweepstakes administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of any prize.
Official Rules © 2015 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.
