LIVE’S Kick Start Sweepstakes Rules
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 Kick Start Sweepstakes (“Sweepstakes”) begins on January 12, 2015 at 9:00 a.m. eastern time (“ET”) and ends on January 25, 2015 at 11:59 p.m. ET (“Sweepstakes Period”). 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 open only to persons 18 years of age or older as of the date of entry 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 residents of Canada (excluding the province of Quebec) who are physically located therein. 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 and agents of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Company, Inc., WABC-TV, LIVE with Kelly and Michael (“Show”), Disney *ABC Domestic Television, The Procter & Gamble Company, Sweepstakes administrator, participating stations, stations airing Show, advertising and promotion agencies, those involved in the production, development and handling of the Sweepstakes and each of their respective agents, directors, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively “Sweepstakes Entities”), and members of their immediate families (parents, children, siblings, spouses, domestic partners) and/or persons living in the same household as such persons, whether related or not, 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. Once the following required entry information has been submitted, each entrant will receive one (1) entry into the Sweepstakes (“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 and resides in Alabama or Nebraska in the U.S. or is a resident of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada and is under 19 years of age; or is a resident of Mississippi under 21 years of age (“Minor”), then he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Entries must be received by 11:59 p.m. ET on January 25, 2015. Limit one (1) Entry per email address/per person/per twenty-four (24) hours during the Sweepstakes Period. For example, if an entrant submits her/her entry at 10:00 a.m. ET, he/she cannot enter again until after 10:00 a.m. ET the following day. 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. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. 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: One (1) Grand Prize will be awarded: Grand Prize consists of a trip for two (2) to Hawaii. Trip consists of: round trip coach class air transportation for winner and one (1) guest to/from a major commercial airport near winner’s residence to an all-inclusive resort located in Hawaii (actual airport near winner’s residence to be determined in Sponsor’s sole discretion); six (6) nights standard hotel accommodations (single room/double occupancy and all-inclusive package level is selected in Sponsor’s sole discretion); ground transportation to/from the airport and hotel in Hawaii; one thousand five hundred dollar ($1,500) cash award for travel expenses (awarded to winner only in the form of a check); two (2) boxes of the Meta Health Bars (one in Cinnamon Oatmeal Raisin, the other in Cranberry Lemon Drizzle); two (2) canisters of Metamucil fiber (sugar-free orange smooth); and one (1) Box of Metabiotic (collectively “Grand Prize”). All components selected in Sponsor’s sole discretion. Approximate retail value (“ARV”) of the Grand Prize trip is: $7,223.95. Nine (9) First Prizes will be awarded: Each First Prize winner will two (2) boxes of the Meta Health Bars (one in Cinnamon Oatmeal Raisin, the other in Cranberry Lemon Drizzle); two (2) canisters of Metamucil fiber (sugar-free orange smooth); and one (1) Box of Metabiotic (all components selected in Sponsor’s sole discretion) (“First Prize”). ARV of each First Prize: $74.95. The total ARV of all prizes: $7898.50. Odds of winning the Grand Prize depends on the total number of eligible Entries received during the Sweepstakes Period. Grand prize trip (including, without limitation, air transportation and accommodations) must be taken within one (1) year of winning. If the Grand Prize winner resides in a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian who must be deemed the travel guest. If the winner’s guest resides in a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian who must be deemed the Grand Prize winner. If any prize component is cancelled or postponed or is not available during the time of the trip for whatever reason (e.g., weather conditions, event cancellations, etc.), the prize component portion of the Grand Prize (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Winner acknowledges and understands that any associated or inherent risk connected with any activity he/she elects to partake in during the trip, is at his/her own risk and Sponsor and the Sweepstakes Entities are not liable for any such activities or any issues resulting from such activities. Grand Prize winner and guest must present a valid government issued ID in order to partake in the Grand Prize and meet any other identification or travel requirements of the airline, and/or hotel (selected in Sponsor’s sole discretion). Grand Prize winner and/or his/her travel guest must have/present at least one major credit card in good standing in order to check into the hotel. Sponsor reserves the right to structure the travel route in its sole discretion. If the Grand Prize winner elects to take trip without a travel guest, the components of the Grand Prize will be awarded in increments/quantities suitable for the actual number of travelers and the Grand Prize winner will not receive any compensation or substitute/alternate Grand Prize or prize component for same. No extension or change of travel dates are permitted once the travel dates have been confirmed or booked by the Sponsor. Once air travel tickets are issued they are non-refundable, non-endorsable and non-transferable. Grand Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which will be stated in the Affidavit/Release (described below) and/or other travel or prize documents. Once travel has been confirmed, any cancellation or change fees or restructuring of the trip are the sole responsibility of the Grand Prize winner. Additional Prize restrictions/conditions may apply. Grand Prize winner and his/her guest must travel together on the same itinerary. All expenses associated with the receipt or use of the Grand Prize not specifically mentioned as being included (e.g., any requested upgrades) are excluded and are the Grand Prize winner’s sole responsibility including, but not limited to: taxes, air transfers, government fees, unspecified ground transportation, meals, tips, gratuities, hotel incidentals, excursions, unspecified tours, laundry service, local and long distance telephone calls or other communications, mobile phone roaming fees, internet or wireless services, WIFI, souvenirs, gift shop purchases, spa treatments, outdoor sports or activities, travel documents, service charges, travel insurance premiums, baggage fees, or transportation between winner’s residence and the departure airport and other personal expenses. Grand Prize components may not be separated. If for any reason whatsoever (including, but not limited to, illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor’s control), Grand Prize winner is unable to travel after all arrangements have been made and paid, Sponsor shall have no further obligation to Grand Prize winner, and there shall be no compensation or prize substitution. Sweepstakes Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Grand Prize. All Grand Prize details/components are selected in Sponsor’s sole discretion. No transfer, cash equivalent or substitution of a prize (or prize components) is allowed except, at Sponsor’s sole discretion, a prize (or prize component) may be substituted with one of equal or greater value.Any prize and prize components cannot be exchanged/redeemed for cash or combined with any other promotion or offer and are subject to stated terms and conditions. Sponsor reserves the right, in its sole discretion, to replace any merchandise with a newer model or 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 of the prize packs. The ARV of the prizes are furnished by the prize suppliers. Prize notifications, documentation, tickets and trip itinerary will be shipped to U.S., D.C. and Canada (excluding Quebec) addresses only. All federal, state/province, 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 Grand 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.
5. Drawing and Notification of Winners: Potential winners will be randomly selected from all eligible Entries received in a drawing to be held on or about January 29, 2015 (“Drawing Date”) in Burbank, CA by the Sweepstakes administrator, an independent compliance organization. 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 Grand Prize winner (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 Grand Prize winner may be disqualified. Grand Prize winner’s guest (or his/her parent/legal guardian if guest resides in a jurisdiction that deems him/her to be a Minor), will be required to sign, execute, and return an original unmodified Liability Release and Publicity Release and any other documentation that Sponsor and/or Sweepstakes administrator requires (“Guest Release”) within five (5) business days after receipt by potential Grand Prize winner. 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 prize eligibility and an alternate Grand Prize winner may be selected at 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 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 Winner’s Information, send a self-addressed stamped envelope to: LIVE’s Kick Start Sweepstakes “Rules” or “Winners’ List” (specify which), P.O. Box 6452, Burbank, CA 91510. Official Winner’s Information available after January 29, 2015. All requests must be received by March 25, 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.
