EMPIRE STRIKES BACK DIGITAL DOWNLOAD GIFT CARD SWEEPSTAKES
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.
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED
NAME OF SPONSORS: American Broadcasting Companies, Inc. and LIVE with Kelly and Michael (hereinafter collectively referred to as “Sponsor”). ELIGIBILITY: The Empire Strikes Back Digital Download Gift Card Sweepstakes (the “Sweepstakes”) is open and offered only to entrants who are legal residents of the 50 U.S., D.C. or Canada (except the Province of Quebec), with the exception of Guam, Puerto Rico and all other U.S. territories and possessions and where prohibited by law, who are eighteen (18) years of age or older as of Friday, April 10, 2015.
Any individuals (including but not limited to employees, officers, directors, consultants, independent contractors, and interns) who have, within the past six (6) months, performed services for American Broadcasting Companies, Inc., Disney/ABC Domestic Television, WABC-TV, LIVE with Kelly and Michael, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prize, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to nominate or be nominated. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three (3) months a year.
Entry into the Sweepstakes does not constitute entry into any other contest or sweepstakes. The Sweepstakes shall be subject to all applicable federal, state, municipal, local laws and regulations and these Official Rules and by entering, all entrants agree that they have read these Official Rules and agree to abide by and to be bound by the terms and conditions of the Official Rules and policies and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render entrants ineligible.
HOW AND WHEN TO ENTER: Enter by writing to the LIVE with Kelly & Michael Digital Inbox located at https://livewithkellyandmark.com/inbox/ask/ up to one (1) time each weekday (Monday through Friday) starting Friday, April 10, 2015 at 12:00 a.m. Eastern Time (“ET”) and ending on Friday, April 24, 2015 at 11:59:59 p.m. ET to be entered into the corresponding daily entry pool (each, a “Daily Entry Pool”), for a total of eleven (11) Daily Entry Pools. A Daily Entry Pool begins at 12:00am ET and ends at 11:59:59pm ET of the same day. Complete all required information and submit your entry. Entries remain the property of Sponsor and will not be returned or acknowledged. Limit one (1) entry into each Daily Entry Pool per e-mail address per day.
Mass entries or entries generated by a script, macro or use of automated methods will be disqualified. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the e-mail address from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the e-mail address used to enter the Sweepstakes, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning said e-mail address. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, modify or suspend the Sweepstakes. If canceled, Sponsor reserves the right at its discretion to determine the winner using all non-suspect eligible entries received up to the time of cancellation. Sponsor is not responsible for failed, partial, delayed or garbled computer transmissions, or for technical failures of any kind in connection with entries or the entry process, including but not limited to electronic malfunction or damage of any network, hardware or software. In the event of a dispute over an electronic entry, prize will be awarded to the authorized subscriber of the e-mail account, not the name on the entry form.
HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED: One (1) winner will be selected at random from all valid entries received in each Daily Entry Pool for a total of eleven (11) winners over the course of the Sweepstakes. Winners will be selected on or about the day following the entry period day (Monday’s Daily Entry Pool winner will be selected Tuesday, Tuesday’s Daily Entry Pool winner on Wednesday, etc. with Friday’s Daily Entry Pool winner being selected the following Monday). In the event winner is deemed ineligible or fails to comply with Sweepstakes procedures, an alternate winner will be selected at random from the remaining valid entries. Winner will be notified by email and/or telephone. Response to winner notification must be received by Sponsor within ten (10) business days or the prize will be forfeited and may be awarded to an alternate winner. Odds of winning depend on number of valid entries received each entry period. Final determination of winners is always conditional on verification of eligibility and compliance with all rules and procedures as determined by Sponsor in its absolute and sole discretion.
Non-winning Entries from each Daily Entry Pool will NOT carry over to the subsequent Daily Entry Pool Entries.
PRIZES: Each of the eleven (11) prize winners (one (1) prize winner per Daily Entry Pool), will receive one (1) digital gift card to download “The Empire Strikes Back”. Approximate retail value (“ARV”) of each prize: $20.00. ARV of all prizes: $220.00. The gift cards are subject to the following terms and policies which can also be found on the back of the gift cards: “Offer valid from April 10, 2015 – April 10, 2016. Disney Movies Anywhere is open to U.S. Residents age 13+.. Registration with Disney Movies Anywhere required. Void where prohibited. Visit DisneyMoviesAnywhere.com for eligibility requirements, details, and terms and conditions. This card’s download number can only be used once and is nontransferable and cannot be sold. Star Wars: The Empire Strikes Back © & TM 2015 Lucasfilm Ltd. All Rights Reserved. © 2015 Disney.” Gift cards are subject to additional terms and restrictions provided by the issuer. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All expenses not specifically provided for herein are the winner’s sole responsibility. Some restrictions may apply. Federal, state and local taxes, if any, are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Winners are not entitled to exchange or transfer prizes or to obtain cash or other substitutes, but Sponsor in its sole discretion may substitute prizes of equal or greater value.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SWEEPTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
RELEASES: By participating in this Sweepstakes and/or accepting any prize that they may win, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in the Sweepstakes and/or accepting any prize that they may win, entrants agree to release American Broadcasting Companies, Inc., Disney/ABC Domestic Television, WABC-TV, LIVE with Kelly and Michael, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in the Sweepstakes and/or acceptance or use of the prize.
Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, in any media now known or hereafter created or conceived, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.
LIMITATIONS OF LIABILITY: The Released Parties as set forth above are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors, typographical errors, human error, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries (including but not limited to malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs); or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Entry in the Daily Entry Pool as determined in Sponsor’s absolute and sole discretion. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover prize at its sole discretion.
DISPUTES/GOVERNING LAW: Entrant agrees that: (i) any and all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the Official Rules or any Prize awarded shall be resolved by applying the laws of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; (ii) all Claims shall be resolved individually, without resort to any form of class action; (iii) all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of New York County. MISCELLANEOUS; WINNERS’ LIST: Void where prohibited. All federal, state and local laws and regulations apply. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the contest as originally planned. For Winner’s List (available after April 27, 2015) send a self-addressed, stamped envelope to LIVE Digital Download Gift Card Sweepstakes, 7 Lincoln Square, New York, NY 10023. Vermont residents may omit return postage.
