LIVE’s DIY Disasters 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. Eligibility:LIVE’s DIY Disasters Photo Contest (“Contest”) 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. Entrants 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 entrant 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 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 Contest 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 Companies, Inc., Inc., WABC-TV, LIVE with Kelly and Michael (“Show”), 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 partner) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest. For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
2. How to Enter:The Contest entry period starts on April 11, 2016 at 9:00 a.m. Eastern Time (“ET”) and ends on April 24, 2016 at 11:59 a.m. ET (“Entry Period”). Entrants are invited to click on the Contest web banner on the LIVE with Kelly & Michael website located at www.LIVEKellyandMichael.com (“LIVE Website”) or members of Facebook can log in to Facebook and visit the LIVE with Kelly & Michael Facebook Page located at https://www.facebook.com/LIVEKellyandMichael (“FB Website”). Regardless of which Website an entrant selects, he/she will be prompted to follow the online instructions to complete the entry submission consisting of: one (1) photo upload depicting his/her Do-It-Yourself “DIY” Disaster (“Photo”); entrant’s first and last name, street address, city, state/province, zip/postal code, daytime telephone number, email address and date of birth (“Entry Information”). In addition, each entrant is asked to briefly describe his/her DIY Disaster; must confirm that he/she has the rights to submit the Photo; his/her Photo complies with the Photo Agreement and Requirements described in Section 3; and he/she must agree to abide by the Official Rules and Sponsor’s Terms of Use. After completing and submitting the Entry Information, entrant will receive one (1) entry to be judged in the Contest (“Entry”). The entrant is defined as the person who completed the act of entering; submitted his/her Entry Information Photo; and whose DIY Disaster is his/her own (or family’s project) “aka the Subject” of the Photo submitted (“Entrant”). Only the Photo will be judged. No other person’s DIY Disaster should appear in the Photo whether or not the Entrant personally knows them. If another person appears in the Photo, Entrant must have his/her permission (or his/her parent/legal guardian if a Minor) to include his/her “Likeness”. Each Entrant and his/her Entry must comply with all Contest eligibility requirements as set forth in these Official Rules. Limit one (1) Entry per person/per email address/per twenty-four (24) hours during the Contest Period. Entries must be received by 11:59 p.m. ET on April 24, 2016. All required Entry Information must be completed/provided in full. Any Entrant who enters through the Facebook Website understands that he/she is providing his/her information to the Sponsor and not to Facebook. The Entry Information must match the information of the Entrant that completed the act of physically entering the Contest. Entries by the same person in excess of the limits stated herein will be disqualified. Entrants can only participate in the Contest under one email address. Once an email address has been submitted (or registered) by an Entrant, that email address cannot be used by any other person for the purposes of this Contest. Proof of delivery or receipt of Entries will not be deemed by Sponsor as proof of Entry. Any attempted form of Entry other than as described herein is void. Final eligibility for the award of a prize is subject to eligibility verification as set forth below. MULTIPLE ENTRIES BY THE SAME PERSON IN EXCESS OF THE LIMITS STATED HEREIN (AND/OR SUBMITTED ONLINE USING MULTIPLE MEMBER OR FACEBOOK ACCOUNTS), WILL BE DISQUALIFIED. THE ENTRY WEBSITES, ENTRY BANNERS, PHOTO UPLOAD MECHANISMS AND OR ENTRY FORMS 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 WEBSITES AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
3. Entry Photo Agreement and Requirements:Each Entrant must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of any equipment is required. Entrant (and/or a contributor as defined below) must not be a professional photographer. Each Entrant and his/her Photo(s) must adhere to the following guidelines and requirements:
- a. Photo must be submitted in one of the following formats .JPG, .JPEG, .PNG or .GIF file.
- b. Photo must not exceed 1 MB.
- c. Photo must depict the Entrant's DIY Disaster that he/she personally experienced at his/her own property, be wholly original and his/her own creation, and Entrant warrants that he/she has secured all necessary rights relating to its use and the use of the content and/or Subject(s) in the Photo. In addition, Entrants are not to ‘create’ a DIY Disaster, but provide a depiction of one he/she has experienced in the past or may be currently experiencing.
- d. Photo cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person.
- e. Photo must not have been previously entered in any competition or contest or won any award prior to submission in this Contest and Photo must not have been previously published, performed or otherwise exhibited.
- f. 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.
- g. Photo must not include materials (language, phrases, quotations, trademarks, artwork, or products or brand names not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties.
- h. Photo should not include logos not owned or licensed by the Sponsor or its affiliates that belong to or are copyrighted by third parties; however Sponsor in its sole discretion reserves the right to modify or shade out any such logos if the Entry is otherwise eligible.
- i. Photo must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- j. 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. Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
- l. 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. Entrant represents and warrants that he/she has obtained permission of any person who has contributed (e.g. a person appearing in the Photo or a non-professional photographer “Contributor”) to the Photo and that each Contributor has granted the Entrant the rights described in these Official Rules. In the event that a Contributor is deemed to be a Minor, Entrant 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 participate in the Photo and permits the use of such Minor’s name, likeness, biography, actions and contributions. All legal responsibilities under these rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian.
- Sponsor has the right to disqualify any Photo and subsequently any Entrant’s Entry that does not adhere to the above criteria, that is not reasonably pertinent to the judging criteria (described in Section 5 below) or is otherwise in violation of these Official Rules as determined by Sponsor in its sole and absolute discretion.
4. Contest Judging:Weekdays beginning on or about April 11, 2016 at 10:00 a.m. ET and continuing until on or about April 29, 2016 at 5:00 p.m. ET during business hours (“Judging Period”), all eligible Contest Entries will be judged by Sponsor and/or its representatives who will select one (1) winner with the highest score based on the judging criteria listed below subject to verification of eligibility and compliance with the Official Rules (“Grand Prize Winner”). Photos will be judged based on the following criteria: 1) Dramatic Nature of the Photo (50%); 2) Composition/Quality of the Photo (30%); and 3) Level of Difficulty of the DIY Project (20%) (“Judging Criteria”). Each Photo will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. In the event of a tie, the Entrant whose Photo receives the higher score for " Dramatic Nature of the Photo” will be declared the Grand Prize Winner. In the event of a further tie, the Entrant whose Photo receives the higher score for "Composition/Quality of the Photo” will be declared the Grand Prize Winner. In the event of a further tie, the Entrant whose Photo receives the higher score for "Level of Difficulty" will be declared the Grand Prize Winner. In the event of a further tie, Sponsor in its sole discretion shall choose the Grand Prize Winner based on an evaluation of which Photo is superior overall taking all categories into consideration. Sponsor and/or its representatives reserve the right, in its sole discretion, not to select a Grand Prize Winner if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
5. Notification of Winner:Potential Grand Prize Winner (or his/her parent/legal guardian if the potential Winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about May 2, 2016. If the potential Grand Prize Winner cannot be reached after five (5) phone call attempts within a five (5) day period, such potential Winner will be disqualified and the next highest scoring Entrant will be selected as an alternate Winner. If the potential Grand Prize Winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her notifications, documents or requirements are incomplete or returned as undeliverable, such potential Grand Prize Winner will be disqualified and an alternate potential Grand Prize Winner will be selected (in Sponsor’s sole discretion).
6. Prize/Odds of Winning:One (1) Grand Prize will be awarded in the Contest: Grand Prize Winner will receive a ten thousand dollar ($10,000) Sears® “Store Credit” to use toward Grand Prize Winner’s choice of Sears’ Kitchen Appliances (including appliance delivery and installation(s) to be redeemed at any Sears® store location or online at: www.Sears.com). Also, Grand Prize Winner will receive a ten thousand dollar ($10,000) Sears Home Services® Store Credit to use toward Grand Prize Winner’s choice of Sears’ Repair, Remodeling, Maintenance, related products and other Home Improvement service options (to be redeemed at any Sears Home Services locations or online at: www.SearsHomeServices.com). Approximate Retail Value (“ARV”) of the Grand Prize: $20,000.00 USD (“Grand Prize”). All monetary values are expressed herein are U.S. dollars (“USD”). If the Grand Prize Winner resides in Hawaii or Canada (excluding Quebec), the Grand Prize will be awarded in the form of a check made out to the Grand Prize Winner. Not all appliances, specific models, merchandise, electronics, installation options and home improvement services may be available in all areas. Timing of prize deliveries, home improvements, repairs and other services are handled between the Grand Prize Winner and prize supplier(s). Sponsor, prize supplier(s), contractors and/or sub-contractors are not responsible for the amount of time it may take to receive any goods/services or complete any work related to any delivery, installation, repair and/or home improvement Grand Prize Winner opted to order. Any products/goods/and services not offered by the prize supplier(s) within the budget of the Grand Prize Store Credit amounts are the sole responsibility of the Grand Prize Winner. Length of time for any services Grand Prize Winner selected will be determined by the amount of work requested and current conditions of the property or land being improved/repaired/upgraded. Winner must have the legal right to make any changes to his/her property. Any permits or compliance with local building codes is the sole responsibility of the Grand Prize Winner. Property and/or land is subject to review/approval by service providers providing improvement and specifications that may be required in order to meet all applicable local building codes and allow the work or service to be completed. Sponsor takes no responsibility for the condition of the goods/services provided by prize suppliers, contractors and/or sub-contractors and such agreements are the sole responsibility of the Grand Prize Winner and any agreements he/she signs to accept such goods/services. If goods, services, or improvements requested by Grand Prize Winner do not equal $20,000 in value (such total value determined by each prize supplier, using their standard retail valuation) and no cash will be awarded for the remaining balance. Each $10,000 Store Credit increment cannot be combined or exchanged for use other than its designated purpose per these Official Rules. If the Grand Prize Winner requests any improvements that are not offered by Sears® and/or covered by the prize supplier(s), or are not within the Sears® Store Credit budget (in Sponsors' sole discretion), such improvements will be considered separate and apart from this Contest. The ARVs of the goods/services selected by Grand Prize Winner as part of his/her prize redemption, are furnished by the prize/service suppliers. No transfer, substitution or cash equivalent for the Grand Prize, prize component and/or any unused portion of either Sears® Store Credit awarded. Exact versions/models of the appliances and/or merchandise as well as the home services/installations and/or repairs that the Grand Prize Winner selects are his/her own choice and Grand Prize Winner is solely responsible for any returns, order changes, and/or additional equipment that may be needed for home improvements/installations. Grand Prize Winner acknowledges that Contest Entities 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 the Grand Prize (or any prize component or service Grand Prize Winner opted to accept) including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on the Grand Prize or prize component (if any) are subject to the respective manufacturers’ and/or service providers’ terms. Any depiction of prizes or prize components, in Contest materials or otherwise, are for illustrative purposes only. Additional prize restrictions/conditions/limitations may apply. Prize(s) and prize notifications will be mailed/shipped to street addresses in the U.S. (including D.C.) and Canada (excluding Quebec) only. All federal, state/province, and/or other taxes are the sole responsibility of the Grand Prize Winner. Final eligibility for the award of a prize is subject to eligibility verification as stated in these Official Rules.
7. Rights in Submissions:In consideration of each Entrant’s Entry being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, royalty-free, universal, worldwide, perpetual license to use, copy, edit, sublicense, transmit, distribute, publicly perform, publish, delete or display such Entries and/or Photo(s), or any portion thereof, in any media now known or hereafter devised, for any purpose whatsoever (including without limitation commercial purposes) without any further right of approval. Each Entrant represents and warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of his/her Entry and/or Photo will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, anywhere in the world. Each Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Photo.
Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, the Entries (and/or Photo) submitted to Sponsor, and to make derivative works from such material. Each Entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Contest Entities and their assignees and licensees shall have no obligations whatsoever to Entrant. Grand Prize Winner agrees to irrevocably assign and transfer (non-exclusively) to the Sponsor any and all rights, title and interest in his/her Entry (including but not limited to his/her Photo) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights).
Each Entrant releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant (and Grand Prize Winner) also grant to the Contest Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use his/her and each Subject’s name, image and likeness, biographical information, voice, Entry Information, and Photo for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including posting on the Website) worldwide in perpetuity, unless prohibited by law.
Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entry(s) (including Photo(s) and) however it sees fit and for any purpose without any notice or compensation to Entrant, any additional Subject and/or Contributor, 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 player’s parent/legal guardian. Any personal information, Entry, Photo(s) and/or any content supplied by an Entrant to the Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy located at http://disneyprivacycenter.com, Terms of Use located at http://disneytermsofuse.com and the Facebook Community Guidelines which each policy respectively may be modified from time to time. In addition, the Sponsor may opt to select some Photos entered in the Contest to be broadcast on the Show and may require a signed Entrant/Contributor On Air Release prior to such usage. Entrants whose Photo were selected for broadcast are not considered a potential Grand Prize Winner and his/her Entry has no advantage over any other.
8. General Conditions:The Contest is subject to all applicable federal, state, provincial, and local laws, and to these Official Rules (collectively “Rules and Laws”). By participating, participants agree to be bound by these Rules and Laws and the decisions of the Sponsor/Contest administrator, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless the Contest Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Contest, including but not limited to, the acceptance, possession, use, or misuse of the Grand Prize (or prize component); and to release all right to bring any claim, action, or proceeding against the Contest Entities. Potential Grand Prize Winner (or his/her parent/legal guardian if potential Grand Prize Winner resides in a jurisdiction that deems him/her to be a Minor) will be required to complete a Telephone Eligibility Questionnaire conducted by Contest administrator for verification purposes. Potential Grand Prize Winner (or his/her parent/legal guardian if potential Grand Prize 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 Contest administrator and/or Sponsor may require (collectively, “Affidavit/Release”) within five (5) business days after receipt or potential Grand Prize Winner may be disqualified. If the potential Grand Prize Winner fails to sign and return the Affidavit/Release within the required time period (as applicable above), such potential Grand Prize Winner forfeits any Grand Prize eligibility and an alternate Grand Prize Winner may be selected in Sponsor’s sole discretion. Grand Prize Winner will be provided a FedEx account number for the return of the original documents. By completing an Affidavit/Release, Grand Prize Winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If the Grand Prize Winner is a Minor, his/her Grand Prize will be awarded in the name of his/her parent/legal guardian. Official Rules will be posted at LIVE’s Website during the Contest Period. If a participant chooses to opt-in to receive communications from a participating Contest Entity, his/her Entry Information will be subject to that Contest Entity’s Privacy Policy and Terms of Service (if applicable), and such participant agrees to receive additional email communication from that particular Contest Entity. Opting in to receive communications does not improve one’s chances of winning a prize. The Privacy Policy for any Contest Entity participating in an opt-in will be accessible from the entry form. If, for any reason, Contest is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Contest or any portion(s) thereof and instruct the Contest administrator to judge the Contest Entries and award the Grand Prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Grand Prize in a manner that is fair and equitable and notice of such action will be posted on Sponsor’s Web Site. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Contest; to be acting in violation of the Official Rules, or to be acting in a 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 Contest will be ineligible for the Grand Prize and may be prosecuted to the full extent of the law. In case of a dispute over the identity of a participant 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, in Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
9. 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 Photos) that are illegible, late, mutilated, 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 Entrant 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 Entrant and/or Subject in any Entry, acceptance/possession, use/misuse, and/or defects of the Grand 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, upload or “Submit” mechanisms, internet service provider; interruption or inability to access Facebook, the Websites, Banners, or any online service via the internet due to hardware or software compatibility problems; any damage to a Entrant’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; property damage, service/completion delays or returns; and/or any other errors or malfunctions even if caused by the negligence of one of the Contest Entities. Contest Entities assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Photo or Entry Information, or downloading an APP, 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 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.
10. 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 Entrant(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 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 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.
11. Rules/Winner Information:To receive a copy of the Official Rules or the Grand Prize Winner Information, send a self-addressed stamped envelope to: LIVE’s DIY Disasters Photo Contest “Rules” or “Winner” (specify which), P.O. Box 6611, Burbank, CA 91510. Winner Information available after May 2, 2016. All requests must be received by June 24, 2016.
12. Sponsor:Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
XIII. Contest administrator:ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of any prizes.
©2016 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.


