LIVE's FANtastic Photo Contest
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. Contest Description: The LIVEs FANtastic Photo Contest ("Contest") begins on January 4, 2016 at 9:00 a.m. Eastern Time (“ET”) and ends on January 26, 2016 which is the date the Grand Prize winner (as defined below) will be announced (“Contest Period”). The Contest consists of a skill based competition whereby an entrant will submit a photo depicting entrant as a football “Fan” (“Photo”) to be judged for an opportunity to win the grand prize (more fully described below). For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
2. Eligibility: The Contest is only open to persons who are 18 years of age or older as of the date of entry and who are a permanent legal resident 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 a permanent legal resident of Canada (excluding the province of Quebec), who are physically located therein. In addition, entrants must be available and agree to host a “Party” at his/her home on or about February 7, 2016 and agree to allow LIVE’s producers to videotape the Party for a “Webisode” to be broadcast on the Show (and/or be posted online). Further, 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. Entrants may opt to enter via Facebook; however, the Contest 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 Contest. 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 and/or submitting any personally identifiable information. Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Company, Inc., WABC-TV, LIVE with Kelly and Michael, Disney *ABC Domestic Television, 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, any other person or entity associated with the Contest (collectively "Contest 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 Contest.
3. How to Enter: Entrants can enter the Contest online starting on January 4, 2016 at 9:00 a.m. ET and ending on January 22, 2016 at 12:00 noon ET (“Entry Period”) by clicking on the Contest 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 (“FB Website”) located at www.Facebook.com/LIVEKellyandMichael (collectively Websites”). Regardless of which Website a entrant selects, he/she will be prompted to submit his/her Photo and complete the entry form to receive one (1) entry to be judged in the Contest (“Entry"). Information required on the entry form consists of: first name and last name; complete home address (including street address, city, state/province and zip code/postal code); email address; date of birth; daytime telephone number (“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 Requirements described in section 4; and she/she must agree to abide by the Official Rules and Sponsor’s Terms of Use. The entrant is defined as the person who completed the act of entering and submitted his/her Entry Information and Photo (“Entrant”). If an Entrant’s family member or another person that the Entrant personally knows appears in the Photo, the Entrant must obtain permission for his/her “likeness” to be used, however, entrants are strongly encouraged to submit a Photo without other people in it (“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 who contributed to the Photo (e.g. a non-professional photographer (“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 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. Entries must be received by 12:00 noon ET on January 22, 2016. All required Entry Information must be completed/provided in full. Entrants who enter his/her information on the Website from his/her Facebook account, 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 Contest. 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. 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 ONE OF THE WEB SITES AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
4. Photo Agreement and Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of any equipment is required and Photo must not be a professional photographer. Each Entrant and his/her Photo(s) 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 broadcast/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) 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. Any Entrant whose Photo is selected to be broadcast on the Show or any potential semi-finalist or the winner, must sign an 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 (collectively “Entrant and Contributor Release”) within the time specified by the Sponsor.
n. Entrant represents and warrants that he/she has obtained permission of any person who has contributed to the Photo and that each Contributor has granted the Entrant the rights described in these Official Rules. In the event that a 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.
ENTRIES MAY BE BROADCAST AND REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANTS AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR OR FACEBOOK IN ANY MANNER. SPONSOR MAY DISQUALIFY ANY PHOTO AND SUBSEQUENTLY ANY ENTRY THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES OR DOES NOT ADHERE TO THE ABOVE CRITERIA, IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 5 AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Contest Judging: All Entries will be judged on a rolling basis starting on or about January 4, 2016 at 10:00 a.m. ET and continuing until January 22, 2016 on or about 1:00 p.m. ET, conducted by the Sponsor’s representatives ("Judges") whose decisions are final and binding in all respects ("Judging Period"). All eligible Entries will be judged by Sponsor and/or its representatives and the top five (5) highest scoring Entries will based on the judging criteria, will be deemed “Semi-Finalists” and announced on the Show on or about January 25, 2016. From among the Semi-Finalists, one (1) highest scoring Entry based on the judging criteria listed below will be deemed the winner of the Contest subject to verification of eligibility and compliance with the Official Rules (“Grand Prize Winner”). 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 Semi-Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, the Entrant whose Photo receives the higher score for "Creativity” will be declared a Semi-Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, the Entrant whose Photo receives the higher score for "Composition/Visual Appeal" will be declared a Semi-Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, the Entrant whose Photo receives the higher score for "Originality" will be declared a Semi-Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, Sponsor in its sole discretion shall choose a Semi-Finalist or the Grand Prize Winner (as applicable) based on an evaluation of which Photo is superior overall taking all categories into consideration. Judges have the right, in their sole discretion, to select fewer than five (5) Semi-Finalists (or no Grand Prize Nominee winner at all) based on an insufficient number or quality of potential eligible Entries received.
6. Semi-Finalist Notification and Requirements: Each potential Semi-Finalist (or his/her parent/legal guardian if a Semi-Finalist is a Minor) will be notified by telephone at the phone number listed on the Entry on or about two (2) hours from the applicable on air winner announcement date and time. Each Semi-Finalist will be required to complete a Telephone Eligibility Questionnaire conducted by Contest administrator over the telephone as well as well as complete and sign an Entrant and Contributor Release within three (3) hours of the telephone call. Each and every Contributor to any Semi-Finalist Photo will also be required to complete and sign a Contributor Release within three (3) hours of the telephone call to the Semi-Finalist. If a potential Semi-Finalist cannot be reached after five (5) phone call attempts within a three (3) hour period, such potential Semi-Finalist will be disqualified and the next highest scoring Entrant will be selected as an alternate Semi-Finalist in Sponsor’s sole discretion. If a potential Semi-Finalist is found to be ineligible, if he/she cannot or does not comply with these Official Rules, if he/she cannot be reached or does not reply within the a three (3) hour period, or does not comply with these Official Rules, such potential Semi-Finalist(s) will be disqualified and the Entrant whose Photo receives the next highest score may be declared a potential Semi-Finalist. By completing the verification process, each Semi-Finalist attests to the authenticity of his/her Entry. Potential Semi-Finalists are subject to verification of winning and compliance with these Official Rules. By returning a completed Entrant and Contributor Release and/or Affidavit/Release, each Entrant and Contributor attest to the veracity of the provisions stated herein and compliance with these Official Rules.
7. Grand Prize Winner Notification and Requirements: The potential Grand Prize Winner will be announced on the Show on or about January 26, 2016. Potential Grand Prize 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 two (2) hours from the time of the announcement on air. If the potential Grand Prize Winner cannot be reached after five (5) phone call attempts within a twenty-four (24) hour period, such potential winner will be disqualified and the next highest scoring Semi-Finalist will be selected as an alternate Grand Prize Winner. Grand Prize Winner (or his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a Minor) will be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, and a Publicity Release and any other documentation that Sponsor may require (collectively “Affidavit/Release”), which, among other functions, releases Sweepstakes Entities from any and all liability. The original unmodified Affidavit/Release must be signed, notarized, and returned within three (3) days of receipt and a copy of the Affidavit/Release may be emailed or faxed within twenty-four (24) hours of receipt to Contest administrator, or prize will be forfeited and Sponsor will have no further obligation to such potential winner. Winner will be provided a FedEx account number for the return of the original unmodified documents. By returning the completed Affidavit/Release, potential winner attests to the authenticity of his/her winning Entry. If the potential Grand Prize Winner is found to be: (1) ineligible, (2) if he/she cannot comply with the Party date and requirements (as stated in section 2 and section 8); (3) does not comply with these Official Rules, and/or (4) if his/her Affidavit/Release, notifications, documents or requirements are incomplete, not returned, or returned as undeliverable, such potential Grand Prize Winner will be disqualified and an alternate potential Grand Prize Winner will be selected (in Sponsor’s sole discretion). A Liability and Publicity Release and additional documentation will be issued by the Show producer(s) to the Grand Prize Winner and each of his/her guests in order to partake in the Party and be videotaped for a Show Webisode.
8. Prizes: One (1) Grand Prize will be awarded: Grand Prize Winner will receive one (1) eighty (80) inch Flat Screen High Definition Television (actual make a model selected in Sponsor’s sole discretion) for a value not to exceed $4900.00. In addition, Grand Prize Winner will have the opportunity to host a Party on February 7, 2016 for up to twenty (20) guests (actual time of Party to be determined by Sponsor and Show producers in their sole and absolute discretion). Party will take place in Grand Prize Winner’s residence and will be catered with Farm Rich food products which will include (2) packages each of the following; Boneless Buffalo Wings, Boneless BBQ Chicken Bites, Farm Rich Jalapeno Peppers, Mozzarella Sticks and Farm Rich Smokehouse Pulled Pork BBQ (actual caterer, recipes and Farm Rich products to be selected in Sponsor’s sole discretion. Approximate Retail Value (“ARV”) of the Grand Prize: $7973.92. USD. The actual ARV of the Grand Prize will depend on the location of the winner’s residence and the model of the television available for delivery prior to February 7, 2016. All monetary values expressed herein are U.S. dollars (“USD”). No transfer, substitution or cash equivalent for a prize (or prize component), except that Sponsor in its sole discretion may substitute a prize or prize component of equal or greater value due to prize or prize component unavailability for any reason. Sponsor reserves the right, in its sole discretion, to replace any product with a newer 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. The prize restrictions/conditions stated herein may be subject to additional restrictions/conditions. Grand Prize (or any prize component) cannot be transferred by or redeemed for cash and is valid only for the items detailed above, with no substitution of any prize or prize component. The television will only come with a standard manufacturer’s warranty. All items, beverages, unspecified food, utensils, paper products and/or expenses not specifically mentioned as being included with the Party and any required installation, requested upgrades/options for the television, are excluded and are the Grand Prize winner’s sole responsibility. If a prize element is not available for any reason, the remaining elements of the prize shall constitute full satisfaction of Sponsors' prize obligation to the Grand Prize Winner, and no additional compensation will be awarded. In the event the Grand Prize Winner or any of his/her guests engage in behavior that (as determined by Sponsor in its sole discretion) that is obnoxious, threatening, illegal, or that is intended to annoy, abuse, threaten or harass any other person during the Party, Sponsor reserves the right to terminate the Party early, with no further compensation. WINNER’S APPEARANCE ON A WEBISODE FOR THE SHOW IS SUBJECT TO PRODUCER'S REQUIREMENTS AND SOLE DISCRETION. PRIOR TO PARTICIPATION, WINNER AND EACH OF HIS/HER PARTY GUESTS WILL BE REQUIRED TO SIGN PRODUCER’S FULL STANDARD RELEASE IN ADDITION TO SIGNING A LIABILITY AND PUBLICITY RELEASE AND ANY OTHER REQUIRED DOCUMENTATION. Appearance of the Grand Prize Winner or any of his/her guests may not actually be included in the final version of the Show Webisode, a decision that is subject to producer’s requirements and sole discretion. Sponsor is not responsible or liable for cancellation or preemption of the Show Webisode airing the winner/guests (as applicable). Winner and/or guest(s) will receive no compensation regardless of whether his/her likeness actually appears on the Show Webisode. Members of the Screen Actors Guild and/or persons running for public office are ineligible to appear in the Show Webisode. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Grand Prize due to reasons beyond Sponsor’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. Grand Prize winner’s party guests (or his/her parent/legal guardian if a guest resides in a jurisdiction that deems him/her to be a Minor), will be required to sign a Liability Release and Publicity Release and any other documentation that Sponsor and/or Sweepstakes administrator requires (“Guest Release”) prior to the start of the party. Prize notification and documentation will be shipped to U.S., D.C., and/or Canadian addresses (excluding Quebec) only. All federal, state, provincial, and/or other taxes are the sole responsibility of the Grand 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 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. If a winner is a Minor, prize will be awarded in the name of his/her parent/legal guardian.
9. 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, each Entrant agrees to be bound by these Rules and Laws and the decisions of the Sponsor/Judges/Contest 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 Contest Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Contest, 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 Contest Entities. Official Rules will be posted at the Web Site during the Contest Period. If an Entrant chooses to opt-in to receive communications from a participating Contest Entity, his/her Entry Information will be subject to that Contest Entity’s Privacy Policy and Terms of Service (if applicable), and such Entrant agrees to receive additional email communication from that particular Contest Entity. Opting in to receive communications does not improve one’s chances of winning a prize. The Privacy Policy for any Contest Entity participating in an opt-in will be accessible from the entry form. If, for any reason, Contest is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Contest or any portion(s) thereof and instruct the Contest administrator or Show representatives to judge the Contest Entries and award the prize 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 process or the operation of the Contest; 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 Contest will be ineligible for the prize and may be prosecuted to the full extent of the law. In case of a dispute over the identity of an Entrant who submitted the winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the Entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must be the Entrant, comply with these Official Rules and, in Sponsor's sole discretion, may be required to provide proof of ownership of the email account.
10. Rights in Submissions: In consideration of each Entry and Photo 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 Photo) 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) 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 as well as the Photo (if applicable) he/she entered. 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, his/her Entry (and Photo) 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 an Entrant. Each Entrant and the winner agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in the Entry and Photo (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 videotape his/her residence and all content therein, his/her Party and use each guest attending the Party and each guest’s name, image and likeness, statements, biographical information, voice, Photo/Entry, video likeness, for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including on air broadcasts and posting on the Websites) 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 but not limited to the Photo) however it sees fit and for any purpose without any notice or compensation to an Entrant, 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) or any content supplied by the 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. Official Rules will be posted at the Websites during the Contest.
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, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, dropped, 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 Contributor in any Entry, acceptance/possession, use/misuse, and/or defects of a 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, voting mechanism (if applicable), banners, or any online service via the internet due to hardware or software compatibility problems; any damage to an 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. 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, 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 production crew, prize supplier or any of its agents, servants, employees, stylists 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 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 Nominator and/or Nominee/Contestant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Nominator and Nominee/Contestant 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. 13. Rules/Winner Information: To receive a copy of the Official Rules or a Winner’s Information, send a self-addressed stamped envelope to: LIVE’s FANtastic Photo Contest “Rules” or “Winner” (specify which), P.O. Box 6375, Burbank, CA 91510. Winner’s Information available after January 26, 2016. All requests must be received by March 22, 2016.
14. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
15. Contest administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of any prize(s) or prize components.
©2015-2016 ESG. Participants/Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.


