LIVE’s Motorola Inbox Contest
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. Overview: LIVE’s Motorola Inbox Contest (“Contest”) begins on October 4, 2016 and ends on October 7, 2016, which is the date the winners will be announced (“Contest Period”). The Contest consists of a skill based component and then a random drawing whereby an entrant will submit an interesting, creative, fun and entertaining “Inbox Message” directed to the hosts or a about the LIVE with Kelly TV Show (“Inbox Message”). Inbox Messages will be judged in accordance with the guidelines outlined in section 5. Entries that receive that receive a score of eighty (80) points or higher during the judging phase of the Contest Period, will then be entered into the random drawing to determine winners and award the prizes. Inbox Messages may (or may not) be read on-air or appear in LIVE’s online Inbox. Reading an Inbox Message on-air or posting on LIVE’s online Inbox does not mean the entrant has won a prize. For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to Eastern Time (“ET”).
2. Eligibility: The Contest is only open to persons who are permanent legal residents of the fifty (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 must have either a valid Social Security number in the U.S. or a Social Insurance number for Canadian residents. 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 Contest and/or submitting any personally identifiable information. For the purposes of this Contest, 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, Nova Scotia, Nunavut or the Yukon in Canada who is under nineteen (19) years of age; or a resident of Mississippi who is under twenty-one (21) years of age (“Minor”). Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Companies, Inc., WABC-TV, LIVE with Kelly (“Show”), Disney *ABC Domestic Television, Lenovo™, 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, car dealership personnel, 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.
4. Inbox Message and Material Agreement and Requirements: If an optional Photo is submitted for the Contest, Entrant must understand that only the Inbox Message will be judged in the Contest. Each Entrant must own the camera equipment used to take the Photo (if applicable) prior to entering this Contest. No purchase of any camera equipment is required. The Entrant must not be a professional writer and the Entrant and/or a contributor (defined below) must not be a professional photographer. Each Entrant and the Entrant’s Material must adhere to the following guidelines and requirements:
- a. The Inbox Message must be in the English language and not exceed one-hundred (100) words. If the Inbox Message exceeds one-hundred (100) words, only the first one-hundred (100) words will be judged.
- b. The Material must be wholly original and be the Entrant’s own creation, and Entrant warrants that he/she has secured all necessary rights relating to its use and the use of the content.
- c. The Material cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person and no Entry from a group or organization is accepted.
- d. The Material must not have been previously entered in any competition or contest; won any award prior to submission in this Contest; and must not have been previously published, performed or otherwise exhibited.
- e. The Material 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.
- f. The Material must not include language, phrases, quotations, trademarks, products or brand names (not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties. However, Sponsor (in its sole discretion) reserves the right to modify any such representations if the Entry is otherwise eligible.
- g. The Material must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- h. The Material must not contain any elements 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.
- i. The Material must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
- j. The Material 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.
- k. If an Entrant’s family member or another person that the Entrant personally knows appears in the Photo or has contributed to the Photo (e.g. a non-professional photographer), each a “Contributor”, the Entrant must obtain permission for his/her “likeness” and/or “Contribution” to be used. If a Minor (as defined above, or under the age of eighteen (18) in the remaining forty-seven (47) states) is a Contributor to the Photo, the Entrant must be the age of majority and the minor’s parent or legal guardian. Only an Entrant may be eligible for a prize. Any Contributor to the Material is not eligible for a prize unless he/she is deemed the Entrant.
- l. Each Entrant represents and warrants that he/she has obtained the permission of each Contributor and that each Contributor has granted the Entrant the rights described in these Official Rules.
- m. 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 Entrant’s Entry and Material 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 the Sponsor in its sole and absolute discretion.
- IF APPLICABLE, ANY INBOX MESSAGE OR OPTIONAL PHOTO POSTED ON THE WEBSITE(S) ONLINE OR BROADCAST ON THE AIR REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF ENTRIES AND THE MATERIAL SUBMITTED. SPONSOR WILL REVIEW/EDIT THE MATERIAL PRIOR TO POSTING ANY PORTION THEREOF ON THE WEBSITE(S) FOR THE CONTEST AND/OR BROADCASTING ON-AIR. SPONSOR RESERVES THE RIGHT NOT TO POST OR BROADCAST, AND MAY DISQUALIFY ANY ENTRY OR INBOX MESSAGE THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES, DOES NOT ADHERE TO THE ABOVE CRITERIA, OR IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 5) AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION. POSTING OR BROADCASTING AN ENTRANT’S MATERIAL HAS NO IMPACT ON JUDGING, AND THERE IS NO PUBLIC VOTING IN THIS CONTEST.
5. Contest Judging, Random Drawing & Winner Determination: On weekdays beginning on or about October 4, 2016 at 10:00 a.m. ET and continuing until on or about October 6, 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. Each Inbox Message will be judged based on the following criteria: 1) Most Interesting Inbox Message (30 points); 2) Appropriateness for Viewers (30 points); and 3) Audience Appeal (30 points) (“Judging Criteria”). Each Message will receive a score based on the Judging Criteria for a maximum of up to ninety (90) points. All eligible Entries that received a score of eighty (80) points or higher after all of the Entries have been judged, will be included in a random drawing (“Sweepstakes Entries”). Optional Photos will not be judged. Winners will randomly selected in a drawing from among all Sweepstakes Entries in a random drawing conducted on or about October 6, 2016 (“Drawing Date”) by the Contest administrator in Burbank, California, an independent compliance organization. Three (3) winners will be selected in the random drawing (“Winners”). In the event of any ties, as long as the score was eighty (80) points or higher, such Entries will be included in the random drawing. Odds of receiving an Entry into the drawing depends on the number of Entries received and the number of Entries that received a score of eighty (80) points or higher during the Contest Period. Sponsor and/or its representatives reserve the right, in its sole discretion, not to select three (3) Winners if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
6. Notification of Winners: 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 October 7, 2016 after the Winners have been determined and/or announced on-air. If a potential Winner cannot be reached after a reasonable effort has been exerted within a five (5) day period, such potential Winner will be disqualified, and an alternate potential Winner will be selected. 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 notifications, documents or requirements are incomplete or returned as undeliverable, such potential Winner will be disqualified, and an alternate potential Winner will be selected (in Sponsor’s sole discretion).
7. Prizes/Odds: Three (3) Prizes will be awarded in the Contest: Each Winner will receive a Motorola Prize Pack consisting of: one (1) Moto Z smartphone; one (1) Moto Instashare Projector Mod; one (1) JBL Soundboost Mod; one (1) Hasselblad True Zone Mod; one (1) Incipio Power Pack; and one (1) Style Shell (“Prize”). The Total Approximate Retail Value “ARV” of each Prize is: $1,464.95 U.S. dollars (“USD”). The total ARV of all Prizes: $4,394.85. Cellular service is not included as part of the Prize. The Moto Z smartphone will be delivered to each Winner “unlocked” and each Winner will be able to use his/her current cellular service provider. Odds of winning a Prize depends on the number of Sweepstakes Entries entered into the random drawing after the judging phase. No substitution or cash equivalent for the Prize or Prize component, except in Sponsor's sole discretion, due to Prize component unavailability for any reason, and only then for a Prize component of comparable value. Sponsor reserves the right, in its sole discretion, to replace the Prize for a Prize with a newer model or version of same; but, in such event, Sponsor will adjust the value of the “old” (i.e., replaced) item/service for purposes of calculating the ARV. Prize notification and documentation will be shipped to U.S. or Canadian addresses only (excluding Quebec). Any depiction of the Prize(s) is for illustrative purposes only. All federal, state, provincial, and/or other taxes, not specifically mentioned as being included, are the sole responsibility of each Winner (as applicable). Each Winner will receive an IRS Form 1099 from the Sponsor for the total ARV, as stated herein, of his/her Prize that he/she won in the calendar year that he/she won. Final eligibility for the award of a Prize is subject to eligibility verification as stated in these Official Rules.
8. Rights in Submissions: In consideration of each Entrant’s Entry and Material 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 Material, 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 Material; and 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 Entry and Material.
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 Material 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 any Entrant. Each Winner agrees to irrevocably assign and transfer (non-exclusively) to the Sponsor any and all rights, title and interest in his/her Entry and Material (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights).
Each Entrant and each Winner (or his/her parent/legal guardian if he/she is a Minor) release 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 each Winner (or his/her parent/legal guardian if he/she is a Minor) also grant to the Contest Entities permission to use the following information: full name, city, state/province, image, likeness, biographical information, voice, Entry Information, Inbox Message and optional 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 Websites) worldwide in perpetuity, unless prohibited by law.
10. Disclaimers: Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries (including Inbox Messages) 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; acceptance/possession, use/misuse, and/or defects of a Prize awarded herein; cancellations, delays or any change by the prize supplier(s), or any other persons providing any of the components of the Prizes; typographical errors in the Contest promotional material; 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 the Contest, Facebook, the Websites, banners, or any online service or link via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer/mobile/tablet device, 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; 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, handheld device and/or telephone relating to or resulting from entering, submitting an Inbox Message or Entry Information, 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, death, 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. Entrants further acknowledge that said Contest 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, including express warranties provided exclusively by a prize supplier that are sent along with a 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, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
11. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of a Prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the 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.
12. Official Rules/Winners’ List: To receive a copy of the Official Rules or the Winners’ List, send a self-addressed stamped envelope to: LIVE’s Motorola Inbox Contest “Rules” or “Winners” (specify which), P.O. Box 6452, Burbank, CA 91510. Winners List available after October 7, 2016. All requests must be received by December 7, 2016. Official Rules will be posted on LIVE’s Websites during the Contest Period.
13. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
14. Contest administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of any prizes.
2016 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.