LIVE's Predict the Winners Contest and 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. Overview: LIVE’s Predict the Winners Contest and Sweepstakes ("Promotion") begins on February 2, 2015 at 8:00 a.m. Eastern Time (“ET”) and ends on February 22, 2015 at 2:00 p.m. ET (“Promotion Period”). The Promotion consists of: 1) a skill based competition whereby a participant will fill out all twenty four (24) categories of the ballot, which list all the nominees for the 87th annual Academy Awards®, and 2) a series of three (3) weekly sweepstakes whereby one (1) winner will be selected by random each week for a chance to win a Rayovac prize pack (“Weekly Sweepstakes”). 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 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. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein. Participants may opt to enter via Facebook; however, the Promotion is in no way sponsored, endorsed, administered by or associated with Facebook (or the Academy Awards®) and Facebook and the Academy Awards® organization is completely released of all liability by each participant in this Promotion. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. If a participant is considered a minor in his/her jurisdiction (residents of Alabama or Nebraska in the U.S., or residents of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada under 19 years of age; or residents of Mississippi who are between 18-21 years of age) (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Promotion and/or submitting any personally identifiable information. A participant may not be and may not intend to be a candidate for any public office within six (6) months from his/her date of entry. Participants must have either a valid Social Security number, a valid U.S. personal tax identification number and/or a Social Insurance number for Canadian residents. Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Company, Inc., WABC-TV, LIVE with Kelly and Michael (“Show”), Disney *ABC Domestic Television, Promotion administrator, 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, prize suppliers, any other person or entity associated with the Promotion (collectively “Promotion Entities”) and/or members of their immediate families (spouses, children, siblings, parents, domestic partners) 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 Promotion Period starting on February 2, 2015 at 8:00 a.m. Eastern Time (“ET”) and ending on February 22, 2015 at 2:00 p.m. ET, participants can enter by clicking on the Promotion web banner on the LIVE with Kelly & Michael website located at www.LIVEKellyandMichael.com (“LIVE’s Website”) or members of Facebook can log in to Facebook and visit the LIVE with Kelly & Michael Facebook page located at www.Facebook.com/LIVEKellyandMichael (“FB Website”) collectively “Websites” and are prompted to select one (1) answer from each drop down menu for a total of twenty four (24) nominee categories (“Answers”). Regardless of which Website a participant selects the banner to enter, he/she will also be required to follow the online instructions to complete the entry form. Information required on the entry form consists of: participant’s first name, last name, street address, city, state/province, zip/postal code, daytime telephone number, email address, date of birth and agreement to abide by the Official Rules and Sponsor’s Terms of Use (“Entry Information”). After completing and submitting the Entry Information and his/her Answers, participant will receive one (1) entry to be judged in the Contest (“Contest Entry") and one (1) entry into the applicable Weekly Sweepstakes (“Weekly Sweepstakes Entry”) collectively (“Entries”). Each Entrant and his/her Entry must comply with all Contest eligibility requirements as set forth in these Official Rules. Each Weekly Sweepstakes Entry period is listed in the chart below (“Weekly Sweepstakes Entry Periods”).
Non-winning entries will be retained for subsequent Weekly Sweepstakes drawings. Contest Entries and the last Weekly Sweepstakes Entries must be received by 2:00 p.m. ET on February 22, 2015. Limit one (1) Entry per person/per email address during the Promotion Period. All required Entry Information and Answer categories must be completed/provided in full. Participants who enter on the FB Website understand that he/she is providing his/her information to the Sponsor and not to Facebook. The Entry Information must match the information of the participant that completed the act of physically entering the Promotion. Entries by the same person in excess of the limits stated herein will be disqualified. Participants can only participate in the Promotion under one email address. Once an email address has been submitted (or registered) by a participant, that email address cannot be used by any other person for the purposes of this Promotion and he/she must be deemed the person who physically completed the act of entering. Proof of delivery or receipt of Entries will not be deemed by Sponsor as proof of Entry. Any attempted form of Entry other than as described herein is void. Final eligibility for the award of a prize is subject to eligibility verification as set forth in these Official Rules. MULTIPLE ENTRIES BY THE SAME PERSON IN EXCESS OF THE LIMITS STATED HEREIN (AND/OR SUBMITTED ONLINE USING MULTIPLE MEMBER OR FACEBOOK ACCOUNTS), WILL BE DISQUALIFIED. THE ENTRY WEBSITES AND ENTRY BANNERS MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF A PARTICIPANT EXPERIENCES ANY ISSUES ENTERING AND/OR SUBMITTING ANSWERS, HE/SHE SHOULD ACCESS THE WEBSITE AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
4. Contest Grand Prize Winner Determination: When the Promotion Period has concluded at 2:00 p.m. ET on February 22, 2015, 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 those Contest Entries whose predictions on all twenty-four (24) Answers were correct or if no participant answered all twenty-four (24) Answers correctly, the Contest Entries with the ‘most’ correct Answers out of the twenty four (24), will be selected. Therefore, the grand prize winner will be randomly selected from the pool of those participants who have either submitted all correct Answers, or in the event that no participant submitted all twenty four (24) Answers correctly, the participant(s) with the ‘most’ correct Answers out of the twenty four (24) categories, will be selected. For example, if twenty (20) participants answered all twenty four (24) categories correctly, the grand prize winner will be randomly selected from that pool; but if only one (1) person answered all twenty four (24) categories correctly, he or she will be deemed the grand prize winner (“Grand Prize Winner”). The Grand Prize Winner may be announced on LIVE's After Oscar® Show or on or about Monday, February 23, 2015.
5. Random Drawing of Weekly Sweepstakes Winners: One (1) winner per week will be randomly selected on or about three (3) days of the conclusion of a particular Weekly Sweepstakes Entry Period from all of the Entries received (whether or not any of the twenty four (24) Answers were submitted correctly or not) during that applicable Weekly Sweepstakes Entry Period conducted by the Promotion administrator, an independent compliance organization located in Burbank, CA. Non-winning Entries for a given Weekly Sweepstakes will be included in all subsequent Weekly Sweepstakes drawings.
6. Notification of winners: Each winner (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 one (1) day after the applicable drawing. If a potential winner cannot be reached after five (5) phone call attempts within a one (1) week period, such potential winner will be disqualified and the next participant with the highest number of Answers correct (or, randomly selected if a tie) will be deemed an alternate Grand Prize Winner and for a Weekly Sweepstakes, an alternate potential winner will be randomly selected. If any 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 the next participant with the highest number of Answers correct (or, randomly selected if a tie) will be deemed an alternate Grand Prize Winner and for a Weekly Sweepstakes, an alternate potential winner will be randomly selected. If any prize winner is a Canadian resident, the/she must correctly answer a time based, mathematical skill-testing question administered by phone/mail without assistance or mechanical or electronic aid to be eligible for the applicable prize.
7. Prizes: One (1) Grand Prize will be awarded in the Contest: Grand Prize winner will receive one (1) ten thousand dollar ($10,000 USD) cash prize (awarded to the Grand prize winner in the form of a check; and one (1) Rayovac Power Gift Pack consisting of: one (1) one hundred dollar ($100) Walmart Gift Card; ten (10) Fusion AA 8 battery packs ($6.99 each); two (2) Weekender Power Packs Z ($49.99 each); one (1) USB wall charger ($8.99); one (1) USB car charger ($8.99); one (1) Indestructible 2D Flashlight ($29.99); one (1) Indestructible Headlight ($10.99); one (1) Indestructible 3AAA Flashlight ($17.99); one (1) Indestructible lantern ($32.99); one (1) LCD Battery Charger ($16.99); one (1) Rayovac Recharge AA 4 pack ($8.99); one (1) Recharge AAA 4 pack ($8.99); and one (1) Rayovac Recharge Plus AA 4 pack ($10.99) (collectively “Grand Prize”). The Approximate Retail Value (“ARV”) of the Grand Prize: $10,506.67 USD. Three (3) Weekly Prizes will be awarded: Each Weekly prize winner will receive one (1) Rayovac Power Gift Pack consisting of: one (1) one hundred dollar ($100) Walmart Gift Card; ten (10) Fusion AA 8 battery packs ($6.99 each); two (2) Weekender Power Packs Z($49.99 each); one (1) USB wall charger ($8.99); one (1) USB car charger ($8.99); one (1) Indestructible 2D Flashlight ($29.99); one (1) Indestructible Headlight ($10.99); one (1) Indestructible 3AAA Flashlight ($17.99); one (1) Indestructible lantern ($32.99); one (1) LCD Battery Charger ($16.99); one (1) Rayovac Recharge AA 4 pack ($8.99); one (1) Recharge AAA 4 pack ($8.99); and one (1) Rayovac Recharge Plus AA 4 pack ($10.99) (collectively “Weekly Prize”). The ARV of each Weekly Prize: $506.67 USD. ARV of all Prizes $12,026.68 USD. Odds of winning the Grand Prize depends on the number of eligible Entries received that contain the most or all correct Answers. Odds of winning a Weekly Prize depends on the total number of eligible Entries received up to each Weekly Sweepstakes Period. Limit one (1) prize per person/per household. All monetary values are expressed herein are U.S. dollars (“USD”). The ARV’s of the prizes and prize components are furnished by the prize suppliers. The actual Rayovac Power Gift Pack products are selected in Sponsor’s sole discretion. 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. Any difference to the ARV of a prize stated in these Official Rules and the actual ARV of a winner’s prize will not be awarded. Prize(s) cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. Promotion Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to a prize or prize component. All prize details/components are selected in Sponsor’s sole discretion. Prize(s) and prize components are non-refundable, non-endorsable and non-transferable. Prize restrictions/conditions stated herein may be subject to additional restrictions/conditions, which will be stated in the Affidavit/Release (described below) and/or other documents (if applicable). No substitution, transfer, or redemption of a prize (or prize component) for cash, except that Sponsor, at its sole discretion, may substitute a prize (or prize component) with one of equal value due to unavailability of advertised prize for any reason. 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. Gift card is selected in Sponsor’s sole desertion, will not be replaced if lost or stolen and Sponsor will not be responsible for any unauthorized transactions on the gift card. Prizes, documentation, and prize notifications will only be shipped to U.S., D.C., and Canada (excluding Quebec) addresses provided by participants in his/her Entry Information. All federal, state, provincial and/or other taxes are the sole responsibility of each prize 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 prize that he/she won in the calendar year that he/she won. Any depiction of the prizes or prize components, in Contest materials or otherwise, is for illustrative purposes only. Promotion Entities are not responsible for any diversions or substitutions, or any act or omission whatsoever with respect to the prizing. Final eligibility for the award of a prize is subject to eligibility verification as set forth below.
8. General Conditions: The Contest is subject to all applicable federal, state, provincial, and local laws, and to these Official Rules (collectively “Rules and Laws”). By participating, participants agree to be bound by these Rules and Laws and the decisions of the Sponsor/Promotion administrator, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless the 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) awarded; and to release all right to bring any claim, action, or proceeding against the Promotion Entities. Potential winners (or his/her parent/legal guardian if potential winner is a Minor), will be required to complete a Telephone Eligibility Questionnaire conducted by Promotion administrator for verification purposes. Potential Grand Prize winner (or his/her parent/legal guardian if potential winner is 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 Promotion administrator and/or Sponsor may require (collectively, “Affidavit/Release”) within five (5) business days after receipt or potential winner may be disqualified. If the potential Grand Prize winner fails to sign and return the Affidavit/Release within the required time period (as applicable above), such potential Grand Prize winner forfeits any Grand Prize eligibility and an alternate Grand Prize winner may be selected in Sponsor’s sole discretion as described above in section 4. Grand Prize winner will be provided a FedEx account number for the return of the original documents. By completing a Telephone Eligibility Questionnaire and/or Affidavit/Release (as applicable), each winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If a winner is a Minor, his/her prize will be awarded in the name of his/her parent/legal guardian. Official Rules will be posted at the Websites during the Promotion Period. If a participant chooses to opt-in to receive communications from a participating Promotion Entity, his/her Entry Information will be subject to that Promotion Entity’s Privacy Policy and Terms of Service (if applicable), and such participant agrees to receive additional email communication from that particular Promotion Entity. Opting in to receive communications does not improve one’s chances of winning a prize. The Privacy Policy for any Promotion Entity participating in an opt-in will be accessible from the entry form. Any personal information, Entry, or any content supplied by a participant 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. If, for any reason, 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 Promotion administrator to judge (and/or randomly select as applicable) the Promotion Entries and award the prizes from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the prizes in a manner that is fair and equitable and notice of such action will be posted on 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 a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this 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 a participant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the participant. 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 participant, comply with these Official Rules and, in Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
9. Disclaimers: 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, lost, misplaced, stolen, destroyed, (including but not limited to, in the case of Canadian winners, disputes over answers to mathematical skill test questions) or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Promotion, each participant 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 or Answers; fraudulent (including unauthorized) gift card uses made with lost, stolen or misappropriated gift cards, incomplete (including inaccurate) gift card database information and canceled gift card uses; acceptance/possession, use/misuse, and/or defects of a prize awarded herein; typographical errors in the Promotion promotional material; or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Facebook, the Websites, banners, or any online service via the internet due to hardware or software compatibility problems; any damage to a participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Promotion; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor’s and/or Promotion Entities’ control and/or any other errors or malfunctions even if caused by the negligence of one of the Promotion Entities. Promotion Entities assume no responsibility for any injury or damage to a participant or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, submitting Entry Information, or downloading an APP, materials and/or software in connection with this Promotion. Promotion Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
10. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the 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 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 participant 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 a player be entitled to awards for and player hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
11. Rules/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 Contest and Sweepstakes (“Rules” or “Winners” (specify which), P.O. Box 6375, Burbank, CA 91510. Winners’ List available after February 23, 2015. All requests must be received by April 22, 2015.
12. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
13. Promotion administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Promotion administrator is not the supplier or guarantor of any prizes.
©2015 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.
