LIVE’s Wake Up Sweepstakes

OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.



1. Eligibility: LIVE’s Wake Up Sweepstakes (“Sweepstakes”) is only open to permanent legal residents of the fifty (50) states of the United States (“U.S.”) and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) who are currently physically located and residing therein and who are eighteen (18) years of age or older as of the date of entry. Entrants must also have either a valid Social Security number and/or a valid U.S. personal tax identification number. Entrants must be a member of Twitter to enter; however, the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Twitter and is completely released of all liability by each entrant in this Sweepstakes. The Sponsors (defined below) have no affiliation with Twitter and have no responsibility for or control over any matters relating to Twitter or Twitter accounts. Employees of Buena Vista Television, LLC (“Sponsor”), Fooji, Inc. (“Co-Sponsor and Administrator”) collectively (“Sponsors”), American Broadcasting Companies, Inc., WABC-TV, the LIVE with Kelly and Ryan television show (“Show”), Disney*ABC Domestic Television, participating stations, stations airing the Show, 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 (i.e. a spouse, domestic partner, child, sibling, or parent/legal guardian) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes. If an entrant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering the Sweepstakes and/or submitting any personally identifiable information. For the purposes of this Sweepstakes, a minor is defined as a resident of Alabama or Nebraska who is under nineteen (19) years of age or a resident of Mississippi who is under twenty-one (21) years of age (“Minor”).

2. How to Enter and Redeem the Prize(s): The Sweepstakes will take place on September 19, 2017 from 9:00 am Eastern Time (“ET”) to 4:00 pm ET and on September 21, 2017 from 9:00 am ET to 4:00 pm ET (each a separate “Entry Period”). This Sweepstakes consists of ten (10) individual non-connecting sweepstakes (each an “Individual Sweepstakes”) based on the U.S. time zone an entrant resides in and where an entrant’s Twitter account originates during the applicable Entry Period (see the chart below). Entrants will be prompted by the Show or by the Show’s social media feeds to login to their Twitter account and Tweet the hashtag #LiveWakeUpSweepstakes (“Hashtag”) along with a specific “Emoji” (as announced on the Show or posted that day on social media during each Entry Period). The Hashtag is not case sensitive. Check local TV listings for Show schedules in your local viewing area, which may be changed or pre-empted without notice. The same entry Hashtag will be announced on the Show but a different Emoji will be required for each separate Entry Period. Once an entrant has posted his/her Tweet with the Hashtag and correct Emoji, he/she will receive a reply Tweet from the Administrator containing a unique hyperlink to the shipping request form requiring the following information: first and last name, street address, city, state, zip code, telephone number, age verification and email address (“Delivery Information”). Once the Tweet is posted (with the correct Hashtag and Emoji) and the Delivery Information is submitted, each entrant will receive one (1) entry (“Entry”) into the applicable Individual Sweepstakes. Each Individual Sweepstakes only has a select number of prizes available (see chart below). While supplies last, the prizes are awarded based upon the speed at which entrants provide their Delivery Information. Once all of the prizes (per Individual Sweepstakes) have been awarded/redeemed, a disclosure will replace the Delivery Information link with a message informing the entrant that the prizes have already been awarded. Non-winning eligible Entries will not be retained and entered into subsequent Individual Sweepstakes. If all the prizes are not redeemed by entrants, Sponsors in their sole discretion, may conduct a random drawing from among all eligible Entries (for each Individual Sweepstakes if applicable) on or about one (1) week after the Sweepstakes end date (“Second Chance Drawing”).

Entry Period Date Entry Period Time/Conversion Time Zone Number of Prizes
September 19, 2017 9:00 am to 4:00 pm Eastern Time 150
September 19, 2017 8:00 am to 3:00 pm Central Time 125
September 19, 2017 7:00 am to 2:00 pm Mountain Time 75
September 19, 2017 6:00 am to 1:00 pm Pacific Time 125
September 19, 2017 3:00 am to 10:00 am Hawaii Time 25


Entry Period Date Entry Period Time/Conversion Time Zone Number of Prizes
September 21, 2017 9:00 am to 4:00 pm Eastern Time 150
September 21, 2017 8:00 am to 3:00 pm Central Time 125
September 21, 2017 7:00 am to 2:00 pm Mountain Time 75
September 21, 2017 6:00 am to 1:00 pm Pacific Time 125
September 21, 2017 3:00 am to 10:00 am Hawaii Time 25


Each entrant must understand that he/she is providing his/her information to the Sponsors and not to Twitter. If a prospective entrant does not have a Twitter account, he/she can create a free account according to the instructions on the Twitter website at http://Twitter.com and he/she must agree to comply with the Twitter Terms of Use in order to create a Twitter account. The Official Rules will be posted on the LIVE with Kelly and Ryan web site located at http://KellyandRyan.com (“Website”). Entrants can only participate in the Sweepstakes under one (1) Twitter account. Only the entrant registered under a particular Twitter account may participate in the Sweepstakes. Any entrant found to be using multiple Twitter accounts to enter the Sweepstakes will be disqualified and will not be eligible for a prize. Entries must be received by 4:00 pm ET for each applicable Entry Period. For all purposes of this Sweepstakes, the Sponsors’ computer located in the Eastern Time Zone is the official time clock and all ‘official times’ refer to ET. Limit one (1) Entry per person (based on Twitter account) for each Entry Period. If an entrant’s Twitter account is private and his/her tweets are protected, then an entrant’s Entry may be disqualified and rejected as ineligible for consideration in this Sweepstakes. All required Delivery Information must be completed in full, be accurate and valid. The Delivery Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. If an entrant opts to use a mobile device to obtain an Entry, standard text messaging and/or data rates apply to the Entry and all other mobile communications, including but not limited to additional Entries (if applicable), sent and received in connection with the Sweepstakes (contact applicable carrier for pricing plans and details). This charge will be billed on each entrant’s wireless bill or deducted from each entrant’s prepaid balance and may not be available for all service providers or for all mobile devices. Please use care and do not drive while entering the Sweepstakes. THE ENTRY PROCESS MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES, AND/OR TABLETS. IF AN ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ENTER THE SWEEPSTAKES FROM A DESKTOP OR LAPTOP COMPUTER (RUNNING THE LATEST OPERATING SOFTWARE AND WEB BROWSER). Entries in excess of the stated limits will be disqualified. Any attempted form of entry other than as described herein is void. Proof of submitting an Entry will not be deemed by Sponsors as proof of receipt or entry into the applicable Individual Sweepstakes. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different Twitter accounts, 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.

3. Prizes/Odds of Winning There are three (3) ways to enter:

The awarding of a prize is dependent upon the entrant successfully redeeming it by submitting their Delivery Information (as described in Section 2) before the total number of prizes for an Individual Sweepstakes have been redeemed. A total of one thousand (1,000) prizes will be awarded according to the following breakdown per Individual Sweepstakes:

Date Individual Sweepstakes Prizes Awarded Individual Sweepstakes ARV
September 19, 2017 Eastern Time 150 $4,875.00
September 19, 2017 Central Time 125 $4,062.50
September 19, 2017 Mountain Time 75 $2,437.50
September 19, 2017 Pacific Time 125 $4,062.50
September 19, 2017 Hawaii Time 25 $812.50


Date Individual Sweepstakes Prizes Awarded Individual Sweepstakes ARV
September 21, 2017 Eastern Time 150 $4,875.00
September 21, 2017 Central Time 125 $4,062.50
September 21, 2017 Mountain Time 75 $2,437.50
September 21, 2017 Pacific Time 125 $4,062.50
September 21, 2017 Hawaii Time 25 $812.50


Each prize winner will receive one (1) LIVE with Kelly and Ryan box that includes: two (2) LIVE with Kelly and Ryan coffee mugs, two (2) instant coffee sleeves, and one dozen (12) donuts (actual products selected in Sponsors’ sole discretion).The Approximate Retail Value (“ARV”) of each prize: $32.50. The ARV of the prizes for each Individual Sweepstakes is listed in the chart above. Odds of winning a prize depends upon the total number of eligible Entries received for each Individual Sweepstakes and the rate at which the total number of available prizes are redeemed. Limit one (1) prize per person/per Twitter account for the entire Sweepstakes. Winners who reside in the following cities may receive their prizes within the same day (or next day) the prize is won: New York City, Los Angeles, Chicago, San Francisco, Philadelphia, Boston, Atlanta, Washington, D.C., Las Vegas, and St. Louis. Any winners who reside outside the cities listed above will have their prize shipped via FedEx Ground®. Prize(s) cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. Sweepstakes Entities are not responsible for any cancellations, returns, delays, diversions or substitutions, or any act or omission whatsoever with respect to a prize. All prize details, prize components, and shipping/delivery methods are selected in Sponsors’ sole discretion. Prize(s) and prize components are non-refundable, non-endorsable and non-transferable. All expenses associated with the receipt or use of a prize not specifically mentioned as being included are excluded and is the sole responsibility of each winner(s). No substitution, transfer, or redemption of a prize (or prize component) for cash, except that the Sponsors, at their sole discretion, may substitute a prize (or prize component) with one of equal value due to unavailability of the advertised prize for any reason. The Sponsors reserve the right, in their sole discretion, to replace any merchandise with a newer model or version of same; but, in such event, the Sponsors will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. Prizes and prize notifications will only be shipped to addresses within the fifty (50) states of the U.S. (including D.C.). All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of any prize(s) will be the sole responsibility of each winner (if applicable). Any depiction of the prizes or prize components, in the Sweepstakes materials or otherwise, are for illustrative purposes only. Final eligibility for the award of any prize is subject to eligibility verification and other conditions and requirements, as set forth in these Official Rules.

4. General Conditions: The Sweepstakes is subject to all applicable federal, state, 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 Sponsors, which are final and binding in all respects; (ii) waive any right to claim ambiguity with the Rules and Laws; and (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, defects, use or misuse of a prize (or prize component) awarded, cancellations, delays and/or policies that may affect the shipment or return of a prize, or due to reasons beyond Sponsors’ and/or Sweepstakes Entities’ control. Any personal information supplied by entrants and/or winners will be subject to the Administrator’s Privacy Policy located at https://fooji.co/privacy and Terms of Use located at https://fooji.co/terms. Entry and/or acceptance of the applicable prize constitutes permission for the Sweepstakes Entities and their respective designees to use an entrant's and/or a winner's name, address (city and state), photo, likeness, biographical information, statements, voice, or the prize(s) awarded for advertising/publicity purposes worldwide in connection with the Sweepstakes (in any and all forms of media now known or hereafter devised). Sweepstakes Entities have the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of Entries however they see fit and for any purpose without any notice or compensation to an entrant or any third parties. Sponsors will not provide any personally identifying information of Minors, regardless of its source, to any third party without the express written consent of the Minor’s parent/legal guardian. If, for any reason, the Sweepstakes is not capable of running as originally planned due to virus, malware, bugs, worms or any other causes that impair the administration, security, fairness or proper play of the Sweepstakes, Sponsors in their sole discretion, reserve the right to cancel, suspend or modify the Sweepstakes, or any portion(s) thereof and, in the event of cancellation, award the prizes from all non-suspect, eligible Entries received for the applicable Individual Sweepstakes at issue prior to and/or after (as appropriate) the action taken by the Sponsors in a manner that is fair and equitable. Notice of such action by the Sponsors will be posted on the Website as well as any applicable social media platforms. The Sponsors reserve the right, in their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; or to be acting in violation of these Official Rules; or to be 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 any prize and may be prosecuted to the full extent of the law. In the event of a dispute as to the identity of an entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. “Authorized account holder” of a Twitter account is the natural person in whose name the account has been created. Said owner must comply with these Official Rules and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.

5. Disclaimers: Sweepstakes Entities are also not responsible for Entries that are not submitted by the entrant or Entries that are submitted by other than human means (such as by an automated computer program or any non-human mechanism, entity, 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, dropped, inaccessible, corrupted, jumbled or otherwise not in compliance with these Official Rules and such Entries will be void. Once submitted, Entries become the sole property of the Sponsors and will not be acknowledged or returned. By participating, entrants agree that the Sweepstakes Entities shall not be responsible for any unintentional production errors that occur during the Show announcements and that the Show may address such errors in its sole discretion. Sweepstakes Entities are not responsible if, in a given U.S. market, the Show is broadcast on a delayed basis (e.g., if the Show does not air on the uniform time or date across the country intended by Sponsors); if a Show announcement is delayed; or if the Show is canceled, delayed or interrupted, in whole or in part, for any reason. Due to reasons beyond the Sponsors and/or Sweepstakes Entities control, entrants and winners agree and acknowledge that Sweepstakes 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 Sweepstakes; human error; incorrect or inaccurate transcription of Delivery Information or Twitter handle; pre-emption/interruption/cancellation of the Show, any technical malfunctions of the telephone network, satellite, computer online system, computer dating mechanism, computer equipment, software, internet service provider; wireless network dead zones or obstructions; interruption or inability to access the Sweepstakes, Twitter, the Delivery Information form, submission mechanisms, (or Sponsors’/Administrators’ inability to access content at the Twitter website), 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 mobile device relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes; any lost/delayed data transmissions, omissions, defects, or elements of the Sweepstakes; any technical or mechanical error when transmitting the hyperlink to collect the Delivery Information even if caused by the negligence of one of the Sweepstakes Entities. In addition, all entrants and winners release the Sweepstakes Entities from errors in the collection and processing of Tweets and Entries; the announcement of the Hashtag and/or Emojis; the cancellation or delay of any Show; errors in Sweepstakes-related materials, promotional or marketing materials or in these Official Rules; or other errors or difficulties of any kind whether human, mechanical, electronic, computer, video, audio, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes. 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: (1) any wrongful, negligent or unauthorized act or omission on the part of the Sponsors, Sweepstakes Entities, prize supplier(s), or any of their agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsors, or (3) any other cause, condition or event whatsoever beyond the control of the Sponsors or their parents, subsidiaries and affiliated companies. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither 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 a prize (or prize component), provided by a prize supplier that are sent along with the prize(s). The failure of the Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, strike, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsors (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 OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE 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.

6. 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 the Sponsors 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). 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 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. Each entrant agrees to hereby waive 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 by a tribunal of competent jurisdiction 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.

7. Rules/Winners’ List: To receive a copy of the Official Rules or a list of the winners, send a self-addressed stamped envelope to: LIVE’s Wake Up Sweepstakes “Rules” or “Winners” (specify which), c/o Fooji, Inc., 257 E. Short St. Suite 200, Lexington, KY 40507. The winners’ list will be available after September 21, 2017. All requests must be received by November 21, 2017.

8. Sponsors and Administrator: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224 and Fooji, Inc. 257 E. Short St. Suite 200, Lexington, KY 40507.

©2017 Enteractive Solutions Group, Inc. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.