LIVE's Fitspiration Photo Contest & 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. Promotion Overview: LIVE’s Fitspiration Photo Contest and Sweepstakes ("Promotion") begins on May 13, 2015 at 9:00 a.m. Eastern Time (“ET”) and ends on the day the winners are announced on May 29, 2015 (“Promotion Period”). The Contest consists of: 1) a skill based competition whereby an entrant will submit a fitness photo of himself or herself (“Photo”) to be judged for an opportunity to win a runner up or grand prize (more fully described below); and, 2) a sweepstakes whereby a total of ten (10) winners will be selected by random for a chance to win a sweepstakes prize (“Sweepstakes”). For the Contest, the Sponsor will review all Contest entries that meet the eligibility criteria (described in section 2 below) as well as the photo requirements and post eligible Entries on the Contest Gallery located at: https://livewithkellyandmark.com/fitspot/fitspiration (“Contest Gallery”) during the Promotion Period. On an ongoing basis starting on May 13, 2015 at 9: 00 a.m. ET and ending on or about May 26, 2015 at 1:00 p.m. ET, the Sponsor or Sponsors designee(s) will judge all eligible entries and determine four (4) finalists based on the judging criteria stated in section 5 who will then be posted on the Contest Gallery for the online public voting phase. Starting on May 27, 2015 at 9:30 a.m. ET until 11:59 p.m. ET the same day ("Public Voting Period") the general public will have an opportunity to vote for his/her favorite finalist based on the judging criteria stated below in section 5. 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 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 and who are eighteen (18) years of age or older as of the date of entry. Entrants may opt to enter via Facebook; however, the 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. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. If an entrant is a resident of a jurisdiction that deems him/her to be a minor (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 Contest, the Sweepstakes and/or submitting any personally identifiable information. Entrants must have either a valid Social Security number, a valid U.S. personal tax identification number and/or a Social Insurance number for Canadian residents. Employees 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 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, any other person or entity associated with the Contest and Sweepstakes (collectively "Promotion 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 Promotion.
3. How to Enter: Starting on May 13, 2015 at 9:00 a.m. ET and ending on May 25, 2015 at 11:59 p.m. ET (“Entry Period”), entrants can enter the Contest and Sweepstakes by clicking on the Promotion web banner on the Live with Kelly & Michael website located at www.livekellyandmichael.com (“LIVE Website”) or members of Facebook can log in to Facebook and visit the Live with Kelly & Michael Facebook Page located at http://www.facebook.com/LIVEKellyandMichael (“FB Website”). Regardless of which Website an entrant selects, he/she will be prompted to follow the online instructions to complete the entry form consisting of: entrant’s first and last name, street address, city, state/province, zip/postal code, daytime telephone number, email address and date of birth; upload his/her Photo; and provide a short “Essay” (fifty words or less) explaining how the entrant keeps fit and how he/she stays motivated (“Entry Information”). In addition, each entrant must confirm that he/she has the rights to submit the Photo; his/her Photo complies with the Entrant Photo Agreement and Photo Requirements described in section 4; and she/she must agree to abide by the Official Rules and Sponsor’s Terms of Use. After completing and submitting the Entry Information, entrant will receive one (1) entry to be judged in the Contest (“Contest Entry") and one (1) entry into the Sweepstakes (“Sweepstakes Entry”) collectively (“Entries”). The entrant is defined as the person who completed the act of entering; submitted his/her Entry Information and Photo; and who is the “Subject” of the Photo submitted (“Entrant”). If an Entrant’s family member or another person that the Entrant personally knows appears in the Photo, the Entrant must explain the relevance of that person to his/her fitness routine in his/her Essay; and the Entrant must obtain permission for his/her “likeness” to be used (additional “Subject”). If a Minor appears in 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 other person in the Photo and/or photographer (each a “Contributor”) will not be eligible for a prize unless he/she is deemed the Entrant. Each Entrant and his/her Entry must comply with all Promotion eligibility requirements as set forth in these Official Rules as well as comply with the Entrant Photo Agreement and Photo Requirements stated in section 4. Limit one (1) Entry per person/per email address/per day during the Promotion Period. Contest Entries and the last Sweepstakes Entries must be received by 11:59 p.m. ET on May 25, 2015. All required Entry Information must be completed/provided in full. Entrants 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 Entrant that completed the act of physically entering the Promotion. Entries by the same person in excess of the limits stated herein will be disqualified. Entrants can only participate in the Promotion under one email address. Once an email address has been submitted (or registered) by an Entrant, 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 below. 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, ENTRY BANNERS, PHOTO UPLOAD MECHANISMS AND OR ENTRY FORMS MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF AN ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS THE WEB SITE AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER. ANY ENTRANT WHO PARTICIPATES IN VOTE EXCHANGES WILL BE DISQUALIFIED.
4. Entrant Photo Agreement and Photo Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Promotion and no purchase of any equipment is required. Entrant (and/or a contributor as defined below) must not be a professional photographer. Each Entrant and Entrant’s Photo must adhere to the following guidelines and requirements:
a. Photo must be in either a .JPG, .JPEG, .PNG or .GIF file.
b. Photo must not exceed 1 MB.
c. Photo must be wholly original, 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 and/or Subject(s) in the Photo.
d. Photo cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person.
e. Photo must not have been previously entered in any competition or contest or won any award prior to submission in this Contest and Photo must not have been previously published, performed or otherwise exhibited.
f. Photo 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.
g. Photo must not include materials (language, phrases, quotations, trademarks, artwork, or products or brand names not owned or licensed by the Sponsor or its affiliates) etc.), belonging to or copyrighted by third parties.
h. Photo should not include logos not owned or licensed by the Sponsor or its affiliates that belong to or are copyrighted by third parties; however Sponsor in its sole discretion reserves the right to modify or shade out any such logos if the Entry is otherwise eligible.
i. Photo must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
j. Photo must not contain any material 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.
k. Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
l. Photo 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.
m. Entrant represents and warrants that he/she has obtained permission of each and every person who has contributed to (e.g. non-professional photographer) the Photo and that each Contributor has granted the Entrant the rights described in these Official Rules. In the event that any Contributor is deemed to be a Minor, Entrant warrants and represents that he/she is the parent/legal guardian of such Minor and as such granted his/her permission for said Minor to participate in the Photo and permits the use of such Minor’s name, likeness, biography, actions and contributions. All legal responsibilities under these rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian.
n. Any Entrant whose Photo is selected to be broadcast on the Show or any potential runner up or winner must sign an Entrant On Air Release and will also be required to provide the Sponsor with signed releases from each and every Contributor (if Contributor is a Minor, his/her parent/legal guardian will provide the signed release on Minor’s behalf) granting these rights (each a, “Contributor Release”) within the time specified by the Sponsor.
Sponsor has the right to disqualify any Photo and subsequently any Entrant’s Entry that 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 Sponsor in its sole and absolute discretion.
PHOTOS POSTED ON THE ONLINE GALLERY REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR OR FACEBOOK IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, MODERATING, SCREENING OR REVIEWING OF ENTRIES PRIOR TO POSTING/PUBLICATION OF THEM. SPONSOR RESERVES THE RIGHT NOT TO POST AN ENTRY AND MAY DISQUALIFY ANY PHOTO THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Contest Judging: There are two (2) stages to the Contest: finalist judging and online public voting.
a. Judging: Weekdays beginning on or about May 13, 2015 at 10:00 a.m. ET and continuing until on or about 1:00 p.m. ET on May 26, 2015 (“Judging Period”), all eligible Contest Entries will be judged by Sponsor and/or its representatives and up to five (5) highest scoring Entries based on the judging criteria listed below will be deemed the finalists subject to verification of eligibility and compliance with the Official Rules (“Finalists”). Photos will be judged based upon the following criteria: 1) Compelling Nature of the Photo (40%); 2) Creativity (30%); 3) Composition/Visual Appeal (20%); and Originality (“Judging Criteria”). Each Photo will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. In the event of a tie, the Entrant whose Photo receives the higher score for "Compelling Nature of the Photo” will be declared a Finalist. In the event of a further tie, the Entrant whose Photo receives the higher score for "Creativity” will be declared a Finalist. In the event of a further tie, the Entrant whose Photo receives the higher score for "Composition/Visual Appeal" will be declared a Finalist. In the event of a further tie, the Entrant whose Photo receives the higher score for "Originality" will be declared a Finalist. In the event of a further tie, Sponsor in its sole discretion shall choose a Finalist based on an evaluation of which Photo is superior overall taking all categories into consideration. Sponsor and/or its representatives reserve the right, in its sole discretion, to select fewer than five (5) Finalists or no Finalists if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
b. Public Voting and Contest Winner Determination: On or about 9:30 a.m. on May 27, 2015 and continuing until 11:59 p.m. that same day, each Finalist will have his/her Photo, first name, Essay and city/state/province posted on the Contest Gallery located at https://livewithkellyandmark.com/fitspot/fitspiration in order for members of the general public to vote ("Voters") based on the Judging Criteria described in Section 3.a., and otherwise in accordance with these Official Rules (“Public Voting”). Voters must be eighteen (18) years or older as of May 27, 2015 and a current legal resident of one of the fifty (50) states of the U.S., D.C. or Canada (excluding Quebec). VOTERS ARE STRICTLY PROHIBITED FROM VOTING BASED ON THE FOLLOWING: RACE, GENDER, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS, DISABILITY, MEDICAL CONDITION, SEXUAL ORIENTATION, CITIZENSHIP OR ANY OTHER BASIS PROTECTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE OR REGULATION. If it is brought to the attention of Sponsor that An Entrant and/or Voter has voted using any criteria other than the Judging Criteria, has used any kind of script, vote rigging, voter exchanges, multiple accounts or otherwise in violation of these Official Rules, his/her vote(s) (and potentially an Entrant’s Entry) will be disqualified. Limit one (1) vote per hour throughout the Public Voting Period for a maximum of fifteen (15) votes/per person/per IP address during the Voting Period. Each potential Finalist may vote for his/her own Photo. All votes must be received by 11:59 p.m. on May 27, 2015 to be counted. Any attempted form of voting other than as described herein shall be null and void. The Finalist who receives the most votes during the Public Voting Period based on the Judging Criteria will be deemed the grand prize winner of the Contest (subject to verification of winning accordance to these Official Rules). In the event of a tie, Sponsor and/or its representatives shall choose the grand prize winner of the Contest based on an evaluation of which Photo is superior overall taking all Judging Criteria categories into consideration.
6. Drawing of Individual Sweepstakes winners: Ten (10) potential Sweepstakes winners will be randomly selected from all eligible Entries received in a drawing conducted by the Promotion administrator, an independent compliance organization located in Burbank, CA on or about three (3) business days after the Promotion Period has concluded.
7. Notification of winners: Potential Grand Prize and Runner Up Prize 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 May 29, 2015. If the potential Grand Prize and/or a potential Runner Up Prize winner cannot be reached after five (5) phone call attempts within a five (5) day period, such potential winner will be disqualified and the next highest scoring Finalist will be selected as an alternate winner for the Contest. Potential Sweepstakes 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 three (3) business days after the drawing date. If a potential Sweepstakes winner cannot be reached after three (3) phone call attempts within a three (3) day period, such potential Sweepstakes winner will be disqualified and an alternate potential Sweepstakes winner will be selected in Sponsor’s sole discretion. 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 an alternate potential winner will be selected as applicable for either the Sweepstakes or the Contest (in Sponsor’s sole discretion). If a Sweepstakes winner is a Canadian resident, the/she must correctly answer a time based, mathematical skill-testing question administered by telephone or mail without assistance or mechanical or electronic aid to be eligible for a Sweepstakes prize.
8. Prizes/Odds of winning: One (1) Grand Prize will be awarded in the Contest: Grand Prize winner will receive one (1) two thousand dollar ($2,000) Dick’s Sporting Goods Gift Card. Approximate Retail Value (“ARV”) of the Grand Prize: $2,000.00 USD (“Grand Prize”). Four (4) Runner Up prizes will be awarded in the Contest: Each Runner Up will receive one (1) five hundred dollar ($500) Dick’s Sporting Goods Gift Card. ARV of each Runner Up prize: $500.00 USD (“Runner Up Prize”). Ten (10) Sweepstakes prizes will be awarded: Each Sweepstakes winner will receive one (1) one hundred ($100) Dick’s Sporting Goods Gift Card. ARV of each Sweepstakes prize: $100.00 USD (“Sweepstakes Prize”). Limit one (1) prize per person/per household. Gift Cards may be redeemed online at http://www.dickssportinggoods.com or at any Dick’s Sporting Goods Store location. No transfer, substitution or cash equivalent for a prize, except that Sponsor in its sole discretion may substitute a prize of equal or greater value due to prize unavailability for any reason. For instructions as to how the Dick’s Sporting Goods Gift Card can be used, visit http://www.dickssportinggoods.com/giftCertificates (subject to Terms and Conditions). Gift Card may not be resold in any manner whatsoever. Gift Card(s) cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. Gift Card will not be replaced if lost or stolen. No credit card, credit line, overdraft protection or deposit account is associated with Gift Card. No interest, dividends or any other earnings on funds deposited to Gift Card will accrue or be paid or credited to you by Sponsor. The value associated with the Gift Card is not insured by the Federal Deposit Insurance Corporation. Sponsor will not be responsible for any unauthorized transactions on the Gift Card. Any fees associated with the Gift Card are winner's sole responsibility. Any depiction of prizes or prize components, in Promotion materials or otherwise, are for illustrative purposes only. Additional prize restrictions/conditions may apply. Prize(s) and prize notifications will be mailed/shipped to street addresses in the U.S. (including D.C.) and Canada (excluding Quebec) only. All federal, state/province, and/or other taxes are the sole responsibility of each winner.
9. Rights in Submissions: In consideration of each Entrant’s Entry 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/or Photo and Essay), 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/or Photo & Essay) 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 Photo(s).
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/or Photo and Essay) 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 Entrant. Each winner agrees to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in his/her Entry (including but not limited to his/her Photo and Essay) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights).
Each Entrant releases 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 also grants to the Contest Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use Entrant’s and each Subject’s name, image and likeness, biographical information, statement, voice, Entry, Photo(s) and Essay for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including posting on the Website) worldwide in perpetuity, unless prohibited by law.
Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entry(s) (including Photo(s)) however it sees fit and for any purpose without any notice or compensation to Entrant, any additional Subject and/or Contributor, or any third parties. However, Sponsor will not provide any personally identifying information of a Minor, regardless of its source, to any third party without the express written consent of player’s parent/legal guardian. Any personal information, Entry, Photo(s) or any content supplied by a 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 Community Guidelines which each policy respectively may be modified from time to time. In addition, the Sponsor may opt to select some Photos entered in the Promotion to be broadcast on the Show and will require a signed “On Air Release” prior to such usage. Entrants whose Photos were selected for broadcast are not considered a Finalist or a potential prize winner and his/her Entry has no advantage over any other.
10. General Conditions: The Promotion 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 the Grand Prize (or prize component) and/or Sweepstakes Prize awarded; and to release all right to bring any claim, action, or proceeding against the Promotion Entities. Potential Contest and Sweepstakes Prize winners (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor), will be required to complete a Telephone Eligibility Questionnaire conducted by Promotion administrator for verification purposes as well as an Entrant/Contributor On Air Release (if applicable). Potential Grand Prize winner (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor), will be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release, and a Publicity Release and any other documentation that the 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. Grand Prize winner will be provided a FedEx account number for the return of the original documents. By completing an Affidavit/Release, Grand Prize winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If a winner is a Minor, his/her prize will be awarded in the name of his/her parent/legal guardian. Official Rules will be posted at the Web Site during the Promotion and Public Voting Periods. 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, Photo or any content 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. 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 Contest or Sweepstakes or any portion(s) thereof and instruct the Promotion administrator to conduct the Sweepstakes drawing and/or judge the Contest Entries and award the Sweepstakes Prizes and/or Grand Prize and Runner Up 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 Web Site. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry or Voting 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 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 participant, comply with these Official Rules and, in Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
11. 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 Photos) 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 and/or Subject in any Entry, acceptance/possession, use/misuse, and/or defects of the Grand Prize awarded herein; typographical errors in the Contest 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 Entrant’s (or any third person’s) computer 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 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, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Photo or Entry Information, or 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, 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.
12. 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 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 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.
13. Rules/Winners’ List: To receive a copy of the Official Rules or a Winners’ List, send a self-addressed stamped envelope to: LIVE’s Fitspiration Photo Contest and Sweepstakes (“Rules” or “Winners” (specify which), P.O. Box 6611 Burbank, CA 91510. Winners’ List available after May 29, 2015. All requests must be received by July 31, 2015.
14. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
15. Promotion administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Promotion administrator is not the supplier or guarantor of any prizes.
©2015 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.
