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. Overview: The #liveAOK Contest ("Contest") begins on November 10, 2014 at 9:00 a.m. Eastern Time (“ET”) and ends on December 12, 2014 which is the date the Grand Prize winner (as defined below) will be announced (“Contest Period”). The Sponsor will judge all Contest entries containing an “Act of Kindness” statement (“Statement”) and determine one (1) top scoring winner every week during the Contest Period (“Weekly Winners”) and determine the top scoring nominee/contestant from among all of the entries during the entire entry period who will receive a ten thousand dollar ($10,000) cash award as well as a ten thousand dollar ($10,000) contribution to his/her favorite charity (“Grand Prize Winner”) announced on the LIVE with Kelly & Michael (“Show”) on December 12, 2014. For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
2. Eligibility: The Contest is only open to persons (whether they are the nominee or nominator) who are 18 years of age or older as of the date of entry and who are a permanent legal resident 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 resident of Canada (excluding the province of Quebec) who are physically located therein. Participants may opt to enter via Facebook; however, the Contest is in no way sponsored, endorsed, administered by or associated with Facebook and Facebook is completely released of all liability by each participant in this Contest. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. If a Participant 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 Contest and/or submitting any personally identifiable information. Participants 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, Disney *ABC Domestic Television, Contest administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Contest, 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 Contest (collectively "Contest Entities") and/or members of their immediate families (spouses, children, siblings, parents, domestic partners) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
4. Statement/Photo Agreement and Requirements: If a Nominator opts to upload a Photo, he/she must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of any equipment is required. Nominator (and/or a contributor as defined below) must not be a professional photographer. Each Statement and optional Photo must adhere to the following guidelines and requirements:
a. The Act of Kindness Statement must not exceed one hundred and two hundred (200) characters and be written in the English language.
b. If submitted, the Photo must be in either a .JPG, .JPEG, .PNG or .GIF file and depict either the Nominator or the Nominee/Contestant (and no other person).
c. Photo must not exceed 1 MB.
d. The Statement/Photo must be truthful, wholly original, be the Nominator’s own creation and warrant that he/she has secured all necessary rights relating to its use and the use of the content.
e. The Statement/Photo cannot contain the first name, last name, phone number(s), address, or email address of the Nominator, Nominee/Contestant or any other person.
f. The Statement/Photo must not have been previously entered in any competition or contest or won any award prior to submission in this Contest and Statement/Photo must not have been previously published, performed, broadcast or otherwise exhibited.
g. The Statement/Photo must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
h. The Statement/Photo must not include materials (language, phrases, quotations, logos, trademarks, artwork, or products or brand names not owned or licensed by the Sponsor or its affiliates) etc.), belonging to or copyrighted by third parties.
i. The Statement/Photo must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
j. The Statement/Photo must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities.
k. The Statement/Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
l. The Statement/Photo must not include obscenities or other objectionable material that defames or invades the publicity or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party's personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
m. The Nominator represents and warrants that he/she has obtained permission of the Nominee/Contestant and every person who has contributed to (e.g. non-professional photographer) to the Photo (each a, “Contributor”) and that each Contributor has granted the participant the rights described in these Official Rules. In the event that any Contributor is deemed to be a Minor, participant warrants and represents that he/she is the parent/legal guardian of such Minor and as such granted his/her permission for said Minor to contribute to the Photo. All legal responsibilities under these rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian. Furthermore, Nominator and a Nominee/Contestant who is selected as a potential winner will provide the Sponsor with signed releases he/she completed as well as from each and every Contributor (if Contributor is a Minor, his/her parent/legal guardian will provide the signed release on Minor’s behalf) granting these rights (each a, “Contributor Release”) within the time specified by the Sponsor.
n. The Sponsor may opt to select some Entries entered in the Contest to be broadcast on the Show in addition to the on air winner announcements and will require a signed “On Air Release” from the Nominator, Nominee/Contestant and any Contributor of an Entry prior to such usage. Entries selected for broadcast may or may not be a potential prize winner and his/her Entry has no advantage over any other.
ENTRIES MAY BE POSTED ON ONLINE AND REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL NOMINATORS/NOMINEES/CONTESTANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR OR FACEBOOK IN ANY MANNER. SPONSOR MAY DISQUALIFY ANY STATEMENT/PHOTO AND SUBSEQUENTLY ANY ENTRY THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES OR DOES NOT ADHERE TO THE ABOVE CRITERIA, IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 5 AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Contest Judging: All Entries will be judged on a rolling basis starting on or about November 10, 2014 at 10:00 a.m. ET and continuing until December 9, 2014 on or about 5:00 p.m. ET, conducted by the Sponsor’s representatives ("Judges") whose decisions are final and binding in all respects ("Judging Period"). Each Entry will be rated on a scale of one to ten (1-10) based on the Thoughtfulness of the Act of Kindness. Those Entries that receive a nine (9) or ten (10) rating will move on to be judged according to the following judging criteria and scoring system: 1) 1-25 points for how Meaningful the Act was; 2) 1-25 points for Thoughtfulness of the Act; 3) 1-25 points for Kindness of the Act; and 4) 1-25 points for Originality, for a total of one hundred (100) possible points ("Judging Criteria"). Each week during the Contest Period, the top ten (10) highest scoring Entries (based on the above Judging Criteria) will be judged by Producers based on Selflessness of the Act (1-25) points (“Producer Judging Criteria”) from among the Entries received up to that point. One (1) Weekly Winner will be selected who received the highest score based on the Producer’s Judging Criteria. Weekly Winners will be announced on the Show on or about 9:00 a.m. to 10:00 a.m.ET on the following dates: 11/14/2014, 11/21/2014, 11/28/2014, 12/5/2014 and 12/11/2014.
The Judges will select one (1) Grand Prize Winner who received the highest score overall from among all of the Entries received during the entire Entry Period based on the above Judging Criteria and Producer Judging Criteria on or about December 9-10, 2014 and announced on the air during the Show on December 12, 2014 on or about 9:00 a.m. to 10:00 a.m.ET. In the event of a tie, the Entry that receives the higher score for "Meaningful the Act" will be declared the applicable winner. In the event of a further tie, the Entry who receives the higher score for "Originality" will be declared the applicable winner. In the event of a further tie, the Judges, in their sole and absolute discretion, shall choose a winner based on an evaluation of which Act of Kindness Statement is superior overall taking all Judging Criteria into consideration. Judges have the right, in their sole discretion, to select fewer than five (5) Weekly Winners (or no Weekly Winners or Grand Prize winner at all) based on an insufficient number or quality of potential eligible Statements received.
6. Winner Notifications: Each potential winner (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by telephone at the phone number listed on the Nominator’s Entry on or about two (2) business days from the applicable on air winner announcement date. If a potential winner cannot be reached after five (5) phone call attempts within a one (1) week period, such potential winner will be disqualified and the next highest scoring Nominee/Contestant will be selected as an alternate winner in 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, if his/her prize notification is returned as undeliverable, if he/she cannot be reached or does not reply within the one (1) week reply period, or does not comply with these Official Rules, such potential winner(s) will be disqualified and the Nominee/Contestant whose Statement receives the next highest score may be declared a potential winner. By completing the verification process, each winner attests to the authenticity of his/her Statement provided originally by the Nominator. Potential winners are subject to verification of winning and compliance with these Official Rules.
7. Prizes: Five (5) Weekly Prizes will be awarded in the Contest: Each Weekly Winner will receive one (1) five hundred dollar ($500) cash award (awarded in the form of a check) and a one (1) year supply of EXTRA® Gum (one hundred and twenty (120) packs of fifteen (15) sticks each) valued at 142.80 (“Weekly Prize”). The total Approximate Retail Value (“ARV”) of the Weekly Prize: $642.80. One (1) Grand Prize will be awarded: Grand Prize Winner will receive one (1) ten thousand dollar ($10,000) cash award (awarded in the form of a check) and a one (1) year supply of EXTRA® Gum (one hundred and twenty (120) packs of fifteen (15) sticks each) valued at 142.80 (“Grand Prize”). ARV of the Grand Prize: $10,142.80. Actual flavors and number of EXTRA® Gum packs selected in Sponsor’s sole discretion. All monetary values are expressed herein are U.S. dollars (“USD”). A ten thousand dollar ($10,000) donation to Grand Prize Winner’s favorite charity will also be awarded (“Donation”). The Donation portion of the Grand Prize will be awarded once the charity is approved by the Sponsor as a legitimate non-profit charitable organization or service organization whose status is recognized by the Internal Revenue Service as such (in Sponsor’s sole discretion). Grand Prize Winner may have to submit additional documents in order for the charity to be verified. Prizes are awarded to Nominee(s)/Contestant(s) only and Nominators who submitted a winning Entry are not eligible for any prize. No transfer, substitution or cash equivalent for a prize (or prize component), except that Sponsor in its sole discretion may substitute a prize or prize component of equal or greater value due to prize unavailability for any reason. Sponsor reserves the right, in its sole discretion, to replace any product with a newer version of same; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. Prize notification and documentation will be shipped to U.S., D.C., and/or Canadian addresses (excluding Quebec) only. All federal, state, provincial, and/or other taxes are the sole responsibility of each winner. Customs and import fees are the sole responsibility of any Canadian prize winner. Grand Prize Winner 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. Grand prize winner will not be taxed on the charity Donation. Any depiction of the prizes or prize components, in Contest materials or otherwise, is for illustrative purposes only. If a winner is a Minor, prize will be awarded in the name of his/her parent/legal guardian.
10. Disclaimers: Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries (including Statements/Photos) that are illegible, late, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Contest, each Nominator agrees and acknowledges that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; disputes over who is the Nominator, Nominee/Contestant and/or Contributor in any Entry, acceptance/possession, use/misuse, and/or defects of a prize awarded herein; typographical errors in the Contest promotional material; or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Facebook, the Websites, voting mechanism, banners, or any online service via the internet due to hardware or software compatibility problems; any damage to a Nominator, Nominee/Contestant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor’s and/or Contest Entities’ control. Contest Entities assume no responsibility for any injury or damage to an Nominator’s or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Statement/Photo or Entry Information, materials and/or software in connection with this Contest. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees, stylists or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. The failure of the 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.
11. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of a 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 participant/Contestant(s) 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). Each Nominator and/or Nominee/Contestant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Nominator and Nominee/Contestant 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 Contest but in no event attorneys' fees; and, under no circumstances, will a player be entitled to awards for and player 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.
12. Rules/Winners’ List: To receive a copy of the Official Rules or a Winners’ List, send a self-addressed stamped envelope to: #liveAOK Contest “Rules” or “Winners” (specify which), P.O. Box 6493, Burbank, CA 91510. Winners’ List available after December 12, 2014. All requests must be received by February 12, 2015.
13. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
14. Contest administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of any prize(s) or prize components.
©2014-2015 ESG. Participants/Contestants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.