LIVE’s Marry Me? Moments Contest and Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Promotion Overview: The entry period for LIVE’s Marry Me? Moments ("Promotion") begins on June 3, 2016 at 9:00 a.m. Eastern Time (“ET”) and ends on June 11, 2016 at 11:59 p.m. ET (“Entry Period”). The Promotion consists of: 1) a skill based competition whereby an entrant will submit a marriage “Proposal Story” to be judged for an opportunity to win the grand prize or a runner-up prize (more fully described below) (“Contest”); and, 2) a sweepstakes whereby one (1) winner will be selected by random from among all eligible sweepstakes entries received during the Entry Period for a chance to win the sweepstakes prize (“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 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. 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 Promotion 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 Companies, Inc., Inc., WABC-TV, LIVE with Kelly (“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 partner) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Promotion. For all purposes of this Promotion, the Sponsor’s computer is the official clock and all times refer to ET.
To enter the Sweepstakes, entrants are required to select the Sweepstakes entry checkbox in order to receive one (1) entry into the Sweepstakes (“Sweepstakes Entry”). The entrant into the Contest and/or the Sweepstakes is defined as the person who completed the act of entering; is the “Subject” of the Material submitted; and his/her Proposal Story depicts his/her own personal proposal experience (“Entrant”). Only the Proposal Story will be judged. If a Photo or Video is submitted and another person appears in the Photo or Video, Entrant must have his/her permission (or his/her parent/legal guardian if a Minor) to include his/her “Likeness”. Each Entrant and his/her Entry and Material must comply with all Promotion eligibility requirements as set forth in these Official Rules. Limit one (1) Sweepstakes Entry per person/per email address/per day during the Entry Period (collectively, “Entries”). Entries must be received by 11:59 p.m. ET on June 11, 2016. All required Entry Information must be completed/provided in full. Entrants may opt to enter with his her Facebook account information; 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. The Material 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. 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 EMAIL ADDRESSES, MEMBER OR FACEBOOK ACCOUNTS), WILL BE DISQUALIFIED. THE ENTRY WEBSITES, ENTRY BANNERS, 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 WEBSITES AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
4. Contest Entry/Material Agreement and Requirements: If a Photo or Video is submitted for the Contest, Entrant must understand that only the Proposal Story will be judged in the Contest. If an Entrant opts to submit an optional Photo or Video, he/she must own the camera equipment used to take the Photo or Video 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 or videographer. Each Entrant and his/her Material must adhere to the following guidelines and requirements:
- a. The Proposal Story must be in the English language and not exceed fifty (50) words. If the Proposal Story exceeds 50 words only the first 50 words will be judged.
- b. If an optional Photo was submitted, Photo must be in one of the following formats .JPG, .JPEG, .PNG or .GIF file and must not exceed 1 MB.
- c. If an optional Video was submitted, Video must be in one of the following video file formats: asf, asx, avi, divx, dv, dvx, m4v, mov, mp4, mpeg, mpg, qt, wmv, 3g2, 3gp, 3ivx, 3vx and must not exceed 50 MB.
- d. Entrant’s Proposal Story must depict the Entrant's “Marry Me? Moment that he/she personally experienced, be wholly original and his/her 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) mentioned or depicted in the Material.
- e. Proposal Story and optional Photo and Video cannot contain the last name, phone number(s), address, email address of the Entrant or any other person.
- f. Material must not have been previously entered in any competition or contest or won any award prior to submission in this Promotion and any component of the Material must not have been previously published, displayed or otherwise exhibited.
- g. Material must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
- h. Material must not include 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.
- i. Material 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.
- j. Material must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
- k. Material must not contain any content 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.
- l. Material must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
- m. Material must not include obscenities or other objectionable material that defames or invades the publicity or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party's personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
- n. Entrant represents and warrants that he/she has obtained permission of any person mentioned in his/her Proposal Story or who has contributed (e.g. a person appearing in the Photo/Video or a non-professional photographer/videographer “Contributor”) to the optional Photo/Video 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/Video 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.
- Sponsor has the right to disqualify any Material 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 4 below) or is otherwise in violation of these Official Rules as determined by Sponsor in its sole and absolute discretion.
5. Contest Judging: Weekdays beginning on or about June 3, 2016 at 10:00 a.m. ET and continuing until on or about June 15, 2016 during business hours (“Judging Period”), all eligible Entries will be judged by Sponsor and/or its representatives who will select one (1) winner with the highest score (“Grand Prize Winner”) and two (2) runner-up winners with the 2nd and 3rd highest scores (“Runner-Up Winners”) based on the judging criteria listed below subject to verification of eligibility and compliance with the Official Rules (“Winners”). Each Proposal Story will be judged based on the following criteria: 1) Creativity (50%); 2) Execution (30%); and 3) Clarity (20%) (“Judging Criteria”). Each Proposal Story 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 Proposal Story receives the higher score for "Creativity” will be declared the Grand Prize winner or Runner-Up winner(s) as applicable. In the event of a further tie, the Entrant whose Proposal Story receives the higher score for "Execution” will be declared the Grand Prize Winner or Runner-Up Winner(s) as applicable. In the event of a further tie, the Entrant whose Photo receives the higher score for "Clarity" will be declared the Grand Prize winner or Runner-Up winner(s) as applicable. In the event of a further tie, Sponsor in its sole discretion shall choose the Grand Prize winner or Runner-Up Winner(s) as applicable based on an evaluation of which Proposal Story is superior overall taking all categories into consideration. Sponsor and/or its representatives reserve the right, in its sole discretion, not to select a Grand Prize winner or Runner-Up Winner(s) if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
6. Drawing and Notification of Sweepstakes Winner: One (1) potential “Sweepstakes Winner” and several alternates will be randomly selected from all eligible Entries received in a drawing to be held on or about June 17, 2016 (“Drawing Date”) in Burbank, CA by the Promotion administrator, an independent compliance organization. Potential Sweepstakes Winner (or his/her parent/legal guardian if potential winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about the Drawing Date. If the potential Sweepstakes Winner cannot be reached after a reasonable effort within a three (3) day period, such potential Sweepstakes Winner will be disqualified and an alternate potential Sweepstakes Winner may be selected at Sponsor’s sole discretion. If the potential Sweepstakes Winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize notification documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and an alternate potential Sweepstakes Winner may be selected at Sponsor’s sole discretion.
7. Notification of Contest Winners: Potential Grand Prize winner and Runner-Up Prize winners (or his/her parent/legal guardian if the potential a winner is a Minor) (“Contest Winners”) will be notified by telephone at the phone number listed on his/her Entry on or about June 15, 2016 and who will be asked to complete an Entrant/Contributor On Air Release from anyone who is depicted or contributed to the Material submitted for the Contest. If a potential Contest Winner cannot be reached after a reasonable effort within a three (3) day period, such potential winner will be disqualified and the next highest scoring Entrant will be selected as the Grand Prize Winner or one of the Runner-Up Winners for the Contest. If a potential Contest 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 Contest Winner will be disqualified and an alternate potential winner with the next highest score will be selected (in Sponsor’s sole discretion and as described above) for the applicable prize.
8. Contest and Sweepstakes Prizes/Odds of Winning for the Sweepstakes: One (1) Grand Prize will be awarded in the Contest: Grand Prize Winner will receive a twenty-five thousand dollar ($25,000) cash prize awarded in the form of a check and a SharkNinja prize package consisting of: one (1) Shark Rotator Powered Lift-Away Speed Vacuum; one (1) Ninja® Coffee Bar; one (1) Nutri Ninja®; one (1) Nutri Ninja® | Ninja® Blender DUO™ with Auto-iQ™; one (1) Ninja® Cooking System; one (1) Shark Blast & Scrub 2-in-1; and a set of coffee cups (collectively, “Grand Prize”). Approximate Retail Value (“ARV”) of the Contest Grand Prize: $25,959.94 USD. Two Runner-Up Prizes will be awarded in the Contest: Each Runner-Up Prize winners will receive a SharkNinja prize package consisting of: one (1) Shark Rotator Powered Lift-Away Speed Vacuum; one (1) Ninja Coffee Bar; one (1) Nutri Ninja® | Ninja® Blender DUO™ with Auto-iQ™; and one (1) Shark Blast & Scrub 2-in-1 (collectively, “Runner-Up Prize”). ARV of the Runner-Up Prize: $809.96 USD. One (1) Sweepstakes Prize will be awarded in the Sweepstakes: Sweepstakes Prize winner will receive a SharkNinja prize package consisting of: one (1) Shark Rotator Powered Lift-Away Speed Vacuum; one (1) Ninja Coffee Bar; and one (1) Nutri Ninja® | Ninja® Blender DUO™ with Auto-iQ™ (collectively, “Sweepstakes Prize”). ARV of the Sweepstakes Prize: $679.97 USD. Odds of winning the Sweepstakes Prize depends on the total number of eligible Sweepstakes Entries received during the Entry Period. All monetary values are expressed herein are U.S. dollars (“USD”). 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/goods with a newer product 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. 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. Contest Winners and the Sweepstakes Winner will each receive a 1099 form from the Sponsor for the total ARV, as stated herein, of his/her applicable prize that he/she won in the calendar year that he/she won. Any depiction of the prizes or prize components, in Promotion 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 any prize is subject to eligibility verification as set forth in these Official Rules.
9. Rights in Submissions: In consideration of each Entrant’s Entry and Material being reviewed and evaluated for the 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, broadcast, delete or display such Entries and Material(s), or any portion thereof, in any media now known or hereafter devised, for any purpose whatsoever (including without limitation commercial purposes) without any further right of approval. Each Entrant represents and warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of his/her Entry and Material 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 Material.
Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, the Entries and Material(s) 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 non-exclusive property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Entities and their assignees and licensees shall have no obligations whatsoever to Entrant. Grand Prize Winner agrees to irrevocably assign and transfer (non-exclusively) to the Sponsor any and all rights, title and interest in his/her Entry (including but not limited to his/her Photo) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights).
Each Entrant releases the Promotion Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant (and each Contest Winner and the Sweepstakes Winner) also grant to the Promotion Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use his/her and each Contributor’s name, image and likeness, biographical information, voice, Entry Information, and Material 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.
11. Disclaimers: Promotion Entities are not responsible or liable for multiple Entries, Entries and Material 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 and Material 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 Promotion, each Entrant 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; disputes over who is the Entrant, a Subject or a Contributor to any Entry or Material, disputes over the results of the skill test question, acceptance/possession, use/misuse, and/or defects of the any of the prizes 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, upload or “Submit” mechanisms, internet service provider; interruption or inability to access his/her Facebook account, 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 Promotion; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor’s and/or Promotion Entities’ control; property damage, service/completion delays or returns; 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 an Entrant’s or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading his/her Material or 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.
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 the names of the Contest Winners or Sweepstakes Winner,, send a self-addressed stamped envelope to: LIVE’s Marry Me? Moments “Rules” or “Winners” (specify which), P.O. Box 6375, Burbank, CA 91510. Winners’ Information available after June 20, 2016. All requests must be received by August 11, 2016.
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. ©2016 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.