LIVE’s Predict the Winners Ballot Contest
OFFICIAL RULES
NO PURCHASE NECESSARY
VOID IN GUAM, PUERTO RICO, AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS,
THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Description: LIVE’s Predict the Winners Ballot Contest ("Promotion") consists of: 1) a skill based competition whereby an entrant will fill out and submit a “Ballot” by correctly predicting and selecting the one (1) winning nominee for each of the twenty-four (24) categories for the 90th Academy Awards® starting from January 25, 2018 at 10:00 am Eastern Time (“ET”) to March 4, 2018 at 2:00 pm ET (“Contest Entry Period”); and 2) a sweepstakes whereby one (1) winner will be selected by random from among all entries submitted from January 25, 2018 at 10:00 am to February 12, 2018 at 11:59 pm ET (“Sweepstakes Entry Period”). For all purposes of this Promotion, the Sponsor’s computer is the official clock and all times refer to ET.
2. Eligibility: The Promotion is only open to persons eighteen (18) years of age or older as of the date of entry 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. foreign territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein. Entrants must have a valid Social Security number, a valid U.S. Individual Tax Identification Number, and/or a Social Insurance Number for Canadian residents. In order to be able to be deemed the sweepstakes winner (defined below in section 4), he/she must be available and agree to travel on or about March 2, 2018 to March 5, 2018 and the sweepstakes winner and his/her travel guest must pass a criminal “Background Check” (as more fully explained below in section 4) to be administered by Sponsor or Sponsor’s designee (not applicable to the contest winner defined below in section 5). Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Companies, Inc., WABC-TV, LIVE with Kelly and Ryan (“Show”), Disney *ABC Domestic Television, Enteractive Solutions Group, Inc. (“Promotion Administrator”), participating stations, stations airing the Show, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Promotion, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, cable operators, prize suppliers, award show personnel, any other person or entity associated with the Promotion (collectively "Promotion Entities") and/or members of their immediate families (i.e. a spouse, domestic partner, child, sibling, parent) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Promotion.
3. How to Enter: During the Contest Entry Period, entrants are invited to complete the following actions: (1) visit www.KellyandRyan.com or www.facebook.com/LiveKellyandRyan (collectively “Websites”); (2) click on the Promotion link or banner and follow the ballot instructions to correctly predict the one (1) winning nominee for each of the twenty-four (24) different categories (each a “Prediction” or collectively “Predictions”) via a drop-down menu; and (3) complete the following entry information: first name, last name, street address, city, state (or province/territory), zip/postal code, daytime telephone number, email address, date of birth, and agreement to abide by these Official Rules and Sponsor’s Terms of Use via a checkbox (“Entry Information”). One (1) Prediction must be selected for each category on the Ballot, or the submission may be disqualified. After completing and successfully submitting Predictions for all twenty-four (24) categories on the Ballot, and completing the Entry Information, each entrant will receive one (1) sweepstakes entry into the Promotion during the Sweepstakes Entry Period (“Sweepstakes Entry”) and one (1) contest entry to be scored in the Promotion (“Contest Entry”). Note: Prior to the end of the Sweepstakes Period, each submission of a completed Ballot and Entry Information will result in both a Sweepstakes Entry and a Contest Entry; after the Sweepstakes Period ends, only Contest Entries can be received. Sweepstakes Entries must be received by February 12, 2018 at 11:59 pm ET and Contest Entries must be received by 2:00 pm ET on March 4, 2018 (collectively “Entries”). Limit one (1) Entry per person/per email address during the Contest Entry Period. All required Entry Information and Predictions to each of the twenty-four (24) categories must be completed/provided in full, be accurate and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Promotion. Entrants can only participate in the Promotion under one (1) email address. Once an email address has been submitted by an entrant, that email address cannot be used by any other person for the purposes of this Promotion. Proof of delivery or receipt of an Entry will not be deemed by Sponsor as proof of entry. Any attempted form of Entry other than as described herein is void. If an entrant opts to enter from his/her Facebook account, he/she must understand that he/she is providing his/her information to the Sponsor and not to Facebook. This Promotion 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 Promotion. Any attempt by an entrant to use multiple/different email addresses, identities, accounts, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s entry and that entrant may be disqualified. The information entrants provide will only be used for the reasons described in these Official Rules. Once submitted, Entries become the sole property of Sponsor and will not be returned. If an entrant uses a web-enabled mobile device to participate, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive while entering the Promotion. THE WEBSITES, LINKS, BANNERS, PREDICTION MECHANISMS, AND/OR THE BALLOT/ENTRY FORM MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES, AND/OR TABLETS. IF AN ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS ONE (1) OF THE WEBSITES AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
4. Sweepstakes Winner Determination, Notification, and Requirements: One (1) sweepstakes winner will be randomly selected from all eligible Sweepstakes Entries received (“Sweepstakes Winner”) in a drawing to be held on or about two (2) business days after the Sweepstakes Period has concluded conducted by the Promotion Administrator, an independent compliance organization located in Burbank, CA (“Sweepstakes Drawing”). The potential Sweepstakes Winner (or his/her parent/legal guardian if the potential Sweepstakes Winner resides in a jurisdiction that deems him/her to be a minor) will be notified by telephone at the phone number listed on his/her Entry on or about the Sweepstakes Drawing date and must be reached within a forty-eight (48) hour time period from the Sweepstakes Drawing date. The potential Sweepstakes Winner (or his/her parent/legal guardian if the potential Sweepstakes Winner resides in a jurisdiction that deems him/her to be a minor) will be required to complete a telephone eligibility questionnaire administered by the Promotion Administrator over the telephone. The potential Sweepstakes Winner will also be required to complete the following information and return the following documents within forty-eight (48) hours of receipt: complete and sign a Background Check Authorization Form; provide a copy of his/her government-issued photo I.D.; complete and sign an Affidavit of Eligibility, a Liability Release, and a Publicity Release (“Affidavit/Release”) which, among other functions, releases Promotion Entities from any and all liability; and complete any other documentation that Sponsor or prize suppliers may require (collectively “Sweepstakes Documents”). The Sweepstakes Winner’s travel guest (or his/her parent/legal guardian if travel guest resides in a jurisdiction that deems him/her to be a minor), will be required to complete a Background Check Authorization Form; provide a copy of his/her government-issued photo I.D.; complete and sign an original unmodified Liability Release and Publicity Release (“Guest Release”); and, complete any other documentation that Sponsor and/or Promotion Administrator requires within forty-eight (48) hours after receipt by potential Sweepstakes Winner. In addition, the potential Sweepstakes Winner must fax or email his/her Sweepstakes Documents, his/her travel guest’s Guest Release, government-issued photo I.D., and Background Check Authorization Form prior to sending back the originals/hard copies to the Promotion Administrator. While faxed and/or emailed documents have the same force and effect as the originals, the Sweepstakes Winner (and travel guest) must return all of the original documents listed above in order to be eligible to receive the sweepstakes prize (defined in section 6). If a Canadian resident is selected as the Sweepstakes 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 the sweepstakes prize (defined in section 6). The results from the Background Check must be satisfactory, in Sponsor’s sole and absolute discretion. If a Background Check reveals that the potential Sweepstakes Winner (or his/her travel guest) is not a person of good character or standing in their community, has a record of criminal activity, or has been the subject of a restraining order or protective order or otherwise has a past history of substantial anti-social behavior or otherwise represents a danger to persons or property, such potential Sweepstakes Winner will be automatically disqualified. If the Sweepstakes Winner’s travel guest does not pass the Background Check, the Sweepstakes Winner may select an alternate travel guest time permitting (in Sponsor’s sole discretion). If the potential Sweepstakes Winner fails to sign and return all of the documents listed above within the required time period, such potential Sweepstakes Winner forfeits the sweepstakes prize (defined in section 6), and an alternate Sweepstakes Winner may be selected in Sponsor’s sole discretion. The Sweepstakes Winner will be provided a pre-paid FedEx envelope/label for the return of the original documents. By completing an Affidavit/Release and telephone eligibility questionnaire, the potential Sweepstakes Winner attests to the veracity of the provisions stated therein and compliance with these Official Rules. If the selected Sweepstakes Winner cannot be reached within forty-eight (48) hours, if he/she cannot travel on the required travel dates, if he/she cannot correctly answer the time based mathematical skill testing question correctly (if a Canadian Sweepstakes Winner is selected), if he/she is found to be ineligible, if his/her Sweepstakes Documents or requirements are not returned or incomplete, if his/her sweepstakes prize (defined in section 6) or prize notification is returned as undeliverable, or, if he/she cannot or does not comply with these Official Rules, such potential Sweepstakes Winner will be disqualified, the sweepstakes prize (defined in section 6) will be forfeited and an alternate potential Sweepstakes Winner may be selected (in Sponsor’s sole discretion).
5. Contest Winner Determination, Notification and Requirements: The Sponsor or Sponsor’s designee(s) will review all eligible Contest Entries that meet the eligibility criteria (described in section 2 above) and select the entrant with the Contest Entry whose Predictions for all twenty-four (24) categories were correct as the contest winner (“Contest Winner”). In the event there is a tie and more than one (1) Contest Entry(ies) contains correct Predictions for all twenty-four (24) categories, the Sponsor or Sponsor’s designee(s) will randomly select the Contest Winner from among all of those Contest Entries. If no Entry contains the correct Predictions to all twenty-four (24) categories, the Sponsor or Sponsor’s designee(s) will randomly select the Contest Winner from among the pool of Contest Entries that contain the ‘most’ correct Predictions out of the twenty-four (24) categories. For clarity, the following examples demonstrate this, but they are only for illustrative purposes:
a. Example 1: If only one (1) Entry contained the correct Predictions for all twenty-four (24) categories, the entrant who submitted that Entry will be deemed the Contest Winner;
b. Example 2: If twenty (20) Entries contain the correct Predictions for all twenty-four (24) categories, the Sponsor or Sponsor’s designee will randomly select the Contest Winner from that pool; and
c. Example 3: If no Entries have all twenty-four (24) correct Predictions to the categories, but fifteen (15) of them each have twelve (12) correct Predictions to the categories, then the Sponsor or Sponsor’s designee will randomly select the Contest Winner from that pool.
6. Prizes: This Promotion will award one (1) prize for the Contest and one (1) prize for the Sweepstakes as further detailed below. Contest prize: The Contest Winner will receive five thousand ($5,000) U.S. dollars (“USD”) awarded in the form of a check (“Contest Prize”). The approximate retail value (“ARV”) of the Contest Prize: $5,000 USD. No transfer or substitution permitted for the Contest Prize. Odds of winning the Contest Prize depend on the number of eligible Entries received that contain the most or all correct Predictions. Sweepstakes prize: The Sweepstakes Winner will receive a trip for two (2) to Hollywood, CA on or about March 2, 2018 to March 5, 2018. The trip consists of round-trip coach class air transportation for the Sweepstakes Winner and one (1) travel guest to/from a major commercial airport near the Sweepstakes Winner’s residence to Los Angeles International Airport (actual airport near Sweepstakes Winner’s residence to be determined in Sponsor’s sole discretion); three (3) nights standard hotel accommodations (single room/double occupancy); ground transportation to/from the airport and the hotel in Hollywood; admission for two (2) to a “Red Carpet Experience” that consists of a pre-Oscar Show Bleacher Admission to watch the Red Carpet arrivals followed by a Viewing Party (to be determined in Sponsor’s sole discretion); a one thousand five hundred dollar ($1,500 USD) cash award for travel expenses (awarded to the Sweepstakes Winner only in the form of a check); admission for two (2) to the LIVE with Kelly and Ryan After Oscar Show (“Show Admission”) currently scheduled for a ‘live’ taping at 6:00 am Pacific Time (“PT”) on March 5, 2018 (subject to change in Sponsor’s sole discretion) (collectively “Sweepstakes Prize”). ARV of the Sweepstakes Prize: ($5,000) USD. Odds of winning the Sweepstakes Prize depend on the total number of eligible Entries received during the Sweepstakes Entry Period. Limit one (1) prize per person/per household. THE SWEEPSTAKES PRIZE WINNER AND HIS/HER TRAVEL GUEST MUST TRAVEL ON OR ABOUT MARCH 2-5, 2018 OR THE SWEEPSTAKES PRIZE WILL BE FORFEITED IN ITS ENTIRETY WITH NO COMPENSATION OR SUBSTITUTION OF THE SWEEPSTAKES PRIZE OR A PRIZE COMPONENT AND THE ENTIRE SWEEPSTAKES PRIZE WILL BE AWARDED TO AN ALTERNATE POTENTIAL SWEEPSTAKES WINNER. IF THE SWEEPSTAKES 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 HIS/HER TRAVEL GUEST. No transfer, substitution or cash equivalent for the Sweepstakes Prize (or prize component), except that Sponsor, in its sole discretion, may substitute the Sweepstakes Prize or prize component of equal or greater value due to Sweepstakes Prize or prize component unavailability for any reason. If the Sweepstakes Winner lives within one-hundred (100) miles of Hollywood, CA, air transportation will not be provided, but ground transportation (or alternative transportation) may be arranged in Sponsor’s sole discretion. If the LIVE with Kelly and Ryan After Oscar Show taped in Hollywood, CA, the Red Carpet Experience, the Viewing Party events and/or any other 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 Show Admission, Red Carpet Experience and Viewing Party event(s) and/or any other portion of the Sweepstakes Prize (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Sweepstakes Winner and his/her travel guest must present valid government-issued I.D. to partake in the Sweepstakes Prize and meet any other requirements of the airline, hotel, Red Carpet Experience and/or Viewing Party (in Sponsor’s sole discretion), in addition to agreeing to all of the Show production requirements, arrival/departure times, dress code (casual business attire, no jeans, tank tops, etc.) and conditions in the Sponsor's sole discretion. The travel guest attending the LIVE with Kelly and Kelly After Oscar Show must be ten (10) years of age or older. Sweepstakes Winner and/or his/her travel guest must have/present at least one (1) major credit card in good standing in order to check into the hotel. The ARV for the Sweepstakes Prize may vary depending upon the point of departure, destination, fare fluctuation, and if the Sweepstakes Winner takes a travel guest. Additional compensation will not be provided if the value of the Sweepstakes Prize is less than the stated ARV. The Sweepstakes Winner and his/her travel guest are solely responsible for obtaining all necessary travel documents including passports and visas. The U.S. State Department requires all international travelers to present a government-issued passport for U.S. Customs re-entry after air, land or sea travel. For more information, visit the State Department's consular website located at www.Travel.State.gov or the U.S. Department of Homeland Security's website located at www.DHS.gov. In order to comply with the REAL ID Act, adult travelers carrying driver’s licenses from a select number of U.S. states may be required to present a valid U.S. passport to travel on a domestic commercial flight in addition to international travel. To see if you live in a U.S. state with this requirement and for more information, go to https://www.dhs.gov/real-id. The Sweepstakes Prize and prize components cannot be combined/exchanged with any other offer. The ARV of the Sweepstakes Prize is furnished by the prize suppliers. Sponsor reserves the right to structure travel route in its sole discretion. If the Sweepstakes Winner elects to take the trip without a travel guest, components of the Sweepstakes Prize will be awarded in increments/quantities suitable for the actual number of travelers and the Sweepstakes Winner will not receive any compensation or substitute/alternate Sweepstakes Prize or prize component for the same. The Sweepstakes Prize must be accepted with all listed prize components subject to the conditions indicated herein. The travel dates stated above are set and cannot be changed. No extension or change of travel dates is 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. Sweepstakes Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which will be stated in the Sweepstakes Documents. Once travel has been confirmed, any cancellation or change fees or restructuring of the trip are the sole responsibility of the Sweepstakes Winner. Additional Sweepstakes Prize restrictions/conditions may apply. The Sweepstakes Prize is subject to air/ground travel availability, hotel availability, and all other Sweepstakes Prize and travel restrictions, as applicable. The Sweepstakes Winner and his/her travel guest must travel together on the same itinerary. All expenses associated with the receipt or use of the Sweepstakes Prize not specifically mentioned as being included (e.g., any requested upgrades) are excluded and are Sweepstakes Winner’s sole responsibility including, but not limited to: taxes, air transfers, government fees, unspecified ground transportation, meals, tips, gratuities, hotel incidentals, excursions, tours, laundry service, local and long distance telephone calls or other communications, mobile phone roaming fees, internet or wireless services, souvenirs, gift shop purchases, spas, travel documents, service charges, travel insurance premiums, baggage fees, or transportation between Sweepstakes Winner’s residence and the departure airport and other personal expenses. If a winner is a resident of a state that deems him/her to be a minor, his/her prize will be awarded in the name of his/her parent/legal guardian. For the purposes of this Promotion, a minor is defined as a resident of Alabama or Nebraska in the U.S., or a resident of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, British Columbia, Nova Scotia, Nunavut or the Yukon Territory in Canada who is under nineteen (19) years of age; or a resident of Mississippi in the U.S. who is under twenty-one (21) years of age. Prize(s) and prize notifications will only be mailed/shipped to street addresses in the U.S., D.C., and/or Canada (excluding Quebec). All federal, state/provincial, or other tax liabilities (including but not limited to income taxes for U.S. winners or U.S. withholding taxes for Canadian winners, if applicable) arising from the Promotion or award of the Contest Prize or Sweepstakes Prize will be the sole responsibility of each winner (if applicable). If a winner is a resident of the U.S., he/she will receive an IRS Form 1099 from Sponsor for the total ARV of his/her portion of the prize. Any depiction of the prizes or prize components in promotional materials or otherwise are for illustrative purposes only. Final eligibility for the award of the prizes is subject to eligibility verification, other conditions, and requirements as set forth in these Official Rules. The Official Rules will be posted at the Websites during the Contest and Sweepstakes Periods.
7. General Conditions: The Promotion is governed by all applicable federal, state, provincial and local laws, and to these Official Rules. By participating, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all respects; to waive any right to claim ambiguity with the Official Rules; to indemnify and hold harmless the Promotion Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Promotion, including but not limited to, the acceptance, possession, use, or misuse of a prize (or prize component); and to release all right to bring any claim, action, or proceeding against the Promotion Entities. If an entrant chooses to opt-in to receive communications from a participating Contest Entity, his/her Entry Information will be subject to that Promotion Entity’s Privacy Policy and Terms of Service (if applicable), and such entrant agrees to receive additional email communication from that particular Promotion Entity. Opting-in to receive communications does not improve any entrant’s opportunity (or chance) of winning a prize. The Privacy Policy for any Promotion Entity participating in an opt-in will be accessible from the entry form. Personal information collected from Canadians will only be used for Promotion administration purposes unless their express consent has been obtained beforehand. Any personal information supplied by an entrant to the Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy (http://disneyprivacycenter.com), Terms of Use (http://disneytermsofuse.com) and the Facebook Guidelines which each policy respectively may be modified from time to time. Thus, except where prohibited by law and Sponsor’s Privacy Policy: (1) entry and/or winner’s (winner’s parent/legal guardian, if winner is minor) acceptance of prize constitutes permission for the Sweepstakes Entities to use a winner’s name, address (city and state/province/Canadian territory), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on web site), in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize awarded and (2) Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. If for any reason, the Promotion is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Promotion or any portion(s) thereof and instruct the Show’s designee(s) or the Promotion Administrator to score (and/or randomly select as applicable) the salvageable eligible Entries and award the applicable prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by the Sponsor, or award the applicable prize in a manner that is fair and equitable and notice of such action will be posted on the Sponsor’s Websites. 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 Promotion; to be acting in violation of the 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 Promotion 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, in Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
8. Disclaimers: The Promotion 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 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 disqualified. By entering the Promotion, each entrant agrees and acknowledges that Promotion 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 Promotion; human error; incorrect or inaccurate transcription of Entry Information and/or Ballot Predictions; disputes over Ballot Predictions; disputes over who is the entrant to any Entry; acceptance/possession, use/misuse, and/or defects of a prize (or prize components) awarded herein; cancellations, delays, or any change by the prize supplier(s), or any other persons providing any components of a prize; any technical or mechanical error when posting/uploading questions to the Website; cancellations, delays and/or policies that may affect the Sweepstakes Winner and/or his/her travel guest’s travel, or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any components of the Sweepstakes Prize for the Sweepstakes Winner and his/her travel guest due to reasons beyond Sponsor’s and/or Promotion Entities’ control; typographical errors in the promotional material; technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, upload or “Submit” mechanisms or internet service provider(s); interruption or inability to access (or Sponsor’s/Promotion Administrators’ inability to access) the Promotion, Facebook, the Websites, banners, tabs, or any online service or link via the internet due to hardware or software compatibility problems or from entering or downloading materials/software in connection with the Promotion; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile phone/tablet device, and/or its contents related to or resulting from any part of this Promotion or from entering or downloading/uploading materials/software in connection with the Promotion and/or its contents related to or resulting from any part of this Promotion; any lost/delayed data transmissions, omissions, interruptions, disputes over answers to mathematical skill test questions (in the case of a Canadian Sweepstakes Winner), and/or defects or any other error’s or malfunctions, promos, or elements of the Promotion; and/or any other errors or malfunctions even if caused by the negligence of one (1) of the Promotion Entities. Promotion 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 a prize supplier (if applicable) or any of its agents, servants, employees, installers 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 Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and/or affiliated companies/services. Entrants further acknowledge that said Promotion 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 any prize. The failure of the Sponsor 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 Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Promotion, (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 U.S. 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, U.S. 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) (or Contributor) bringing forth the controversy or claim, which to the extent permissible must be brought individually and not as part of a class/group (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 Promotion but in no event attorneys' fees; and, under no circumstances, will an entrant be entitled to awards. Each 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 by a tribunal of competent jurisdiction, 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.
10. Rules/Winners List: To receive a copy of the Official Rules or a Winners List, send a self-addressed stamped envelope to: LIVE’s Predict the Winners Ballot Contest (“Rules” or “Winners” (specify which), P.O. Box 6452, Burbank, CA 91510. Winners List available after March 6, 2018. All requests must be received by May 4, 2018.
11. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
12. Promotion Administrator: Enteractive Solutions Group, Inc., P.O. Box 7398, Burbank, CA 91510-7398. Promotion Administrator is not the supplier or guarantor of any prizes.
©2018 ESG. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.
