Wake Up with LIVE Photo Contest Rules
NO PURCHASE NECESSARY TO WIN
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Overview: The Wake Up with LIVE Photo Contest ("Contest") begins on January 26, 2015 and ends on February 3, 2015 (“Contest Period”). The Contest consists of a skill based competition whereby a participant will submit a wake up photo of himself or herself, a family member or another person that the contestant personally knows) “Wake Up Photo” to be judged for an opportunity to win a prize as more fully described below. Sponsor will review all Contest entries that meet the eligibility criteria (described in section 2 below) as well as the Wake Up Photo requirements. Some entries/Wake Up Photo(s) may appear on the LIVE’s website Contest photo gallery and/or may be selected to appear on air during a broadcast, but that does not mean that entrant has won a prize. On an ongoing basis starting on January 26, 2015 at 10:00 a.m. ET and ending on or about 3:00 p.m. ET on February 4, 2015, the Sponsor or Sponsor’s designee(s) will judge all eligible entries and determine ten (10) winners based on the judging criteria stated in section 5. 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 18 years of age or older as of the date of entry who are permanent legal residents of the 50 states of the U.S., the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein. Contestants 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 a Contestant is considered a minor in his/her jurisdiction (residents of Alabama or Nebraska in the U.S., or residents of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada under 19 years of age; or residents of Mississippi who are between 18-21 years of age) (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Contest and/or submitting any personally identifiable information. A contestant may not be and may not intend to be a candidate for any public office within six (6) months from his/her date of entry. Contestants 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, 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.
4. Wake Up Photo Agreement and Requirements: Each participant must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of any equipment is required. Contestant’s Photo submitted must not be taken by a professional photographer (see contributor details below) and Contestant’s Photo must adhere to the following guidelines and requirements:
a. Photo should be an amateur photograph (not be taken by a professional photographer) and Photo must be in either a .JPG, .JPEG, .PNG or .GIF file format.
b. Photo must not exceed 1 MB.
c. The Subject of the Photo may be the Contestant, a family member or another person that the Contestant personally knows and who has provided permission to the Contestant for his/her “likeness” to be used. In addition, the Subject may not intend to be a candidate for any public office within six (6) months from the date the Photo was submitted.
d. Photo cannot contain the first name, last name, phone number(s), address, email address of the Contestant or any other person.
e. Photo must not have been previously (or currently) entered in any competition or contest or won any award prior (and during his/her) 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, logos, 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 must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
i. 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.
j. Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
k. 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.
l. The Sponsor may opt to select some Photos entered in the Contest to be broadcast on the Show and will require a signed “On Air Release” and a contributor release (as defined below) prior to such usage. Contestants whose Photos were selected for broadcast are not considered a potential prize winner and his/her Entry has no advantage over any other.
m. Each Contestant represents and warrants that he/she has obtained permission of any other person who has contributed to (e.g. the Subject of the Photo and/or a non-professional photographer) to the Photo (each a “Contributor”), and that each Contributor has granted the Contestant the rights described in these Official Rules. In the event that any Contributor is a Minor, Contestant 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 who is a Minor are assumed by such Minor’s parent/legal guardian. Furthermore, any Contestant whose Photo is selected to appear on the Show, or who is selected as a potential winner, will 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.
PHOTOS POSTED ON THE ONLINE GALLERY REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTESTANT 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, SCREENING OR REVIEWING OF ENTRIES PRIOR TO POSTING/PUBLICATION OF THEM. SPONSOR RESERVES THE RIGHT NOT TO POST AND MAY DISQUALIFY ANY PHOTO 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. Judging: Weekdays beginning on or about January 26, 2015 at 10:00 a.m. ET and continuing until February 4, 2015 at 3:00 p.m. ET (“Judging Period”), all eligible Contest Entries will be judged by Sponsor and/or its representatives. Photos will be judged based upon the following criteria: 1) Creativity (40%); 2) Originality (30%); and 3) Composition (20%) (“Judging Criteria”). Each Photo will receive a score based on the Judging Criteria for a maximum of up to ninety (90) points. The highest scoring Contestant will be deemed the Grand Prize winner and the next nine (9) top scoring Contestants will be deemed First Prize winners. In the event of a tie, the Contestant whose Photo receives the higher score for "Creativity” will be declared a winner. In the event of a further tie, the Contestant whose Photo receives the higher score for "Originality” will be declared a winner. In the event of a further tie, the Contestant whose Photo receives the higher score for "Composition" will be declared a winner. In the event of a further tie, Sponsor in its sole discretion shall choose a winner (as applicable) 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 ten (10) winners or no winners if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
6. Notification of winners: Each winner (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about April 4-5, 2015. If a potential winner cannot be reached after five (5) phone call attempts within a two (2) day period, such potential winner will be disqualified and the next highest scoring Contestant will be selected as an alternate winner for the Contest. If any potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her notifications, documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and the next highest scoring Contestant will be selected as an alternate potential winner (in Sponsor’s sole discretion).
7. Prizes: One (1) Grand Prize will be awarded in the Contest: Grand Prize winner will receive a trip for two (2) to Los Angeles, California from February 20, 2015 to February 23, 2015. Grand Prize trip includes: round trip coach class air transportation for winner and one (1) guest to/from a major commercial airport near winner ’s residence to Los Angeles International Airport (actual airport near winner’s residence to be determined in Sponsor’s sole discretion); three (3) nights standard hotel accommodations near Hollywood, CA (single room/double occupancy in Sponsor’s sole discretion); ground transportation to/from the airport and hotel in Los Angeles; a five hundred dollar ($500.00 USD) cash award for travel expenses (awarded to the Grand prize winner only in the form of a check); admission for two (2) to LIVE’s After Oscar Show (“LA Show Admission”) currently scheduled for a ‘live’ taping at 6:00 a.m. PT on Monday, February 23, 2015 (subject to change in Sponsor’s sole discretion); and a one (1) year supply of McCafé coffee awarded in the form of twelve (12) vouchers (collectively “Grand Prize”). The Approximate Retail Value (“ARV”) of the Grand Prize: $3,644.00 USD. Nine (9) First Prizes will be awarded: Each first prize winner will a one (1) year supply of McCafé coffee awarded in the form of twelve (12) vouchers (actual grind and flavors selected in Sponsor’s sole discretion). The ARV of each First Prize: $144.00 USD. ARV of all Prizes $4940.00. GRAND PRIZE WINNER AND GUEST MUST TRAVEL ON OR ABOUT THE DATES SPECIFIED ABOVE OR GRAND PRIZE WILL BE FORFEITED IN ITS ENTIRETY WITH NO COMPENSATION OR SUBSTITUTION OF A PRIZE OR PRIZE COMPONENT AND THE GRAND PRIZE MAY BE AWARDED TO AN ALTERNATE POTENTIAL WINNER (IF SCHEDULING PERMITS). All monetary values are expressed herein are U.S. dollars (“USD”). The ARV’s of the prizes and prize components are furnished by the prize suppliers. If the Grand Prize winner is a Minor, he/she must be accompanied by his/her parent/legal guardian who must be verified as the travel guest. If the Grand Prize winner’s guest is a Minor, he/she must be accompanied by his/her parent/legal guardian who must be the Grand Prize winner. Grand Prize Winner and his/her guest must agree to all of the Show production requirements, dress code when attending LIVE’s After Oscar Show (casual business attire, no jeans, tank tops, etc.); and any conditions and requirements in order to participant in any of the stated prize components. Guest must be 10 years of age or older in order to attend the taping of LIVE’s After Oscar Show. If the Grand Prize winner lives within 100 miles of Angeles, CA air transportation will not be provided but ground transportation (or alternative transportation) may be arranged in Sponsor’s sole discretion. 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 unavailability for any reason. If the LA Show Admission and/or any other prize component is cancelled, postponed or is not available during the time of the prize trip for whatever reason (e.g., weather conditions, event cancellations, etc.), such applicable prize components (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Sponsor is not responsible or liable for cancellation or preemption of the Show (if applicable). Grand Prize winner and each guest must present valid government issued ID to partake in a prize and meet any other travel requirements of airline, and/or hotel (in Sponsor’s sole discretion). Each Grand Prize winner and/or his/her travel guest must have/present at least one major credit card in good standing in order to check into a hotel and attend the Show in Los Angeles. If the Grand Prize winner and guest are residents of Canada (excluding Quebec), Grand Prize winner and guest are solely responsible for obtaining all necessary travel documents including passports and visas. The U.S. State Department requires all international travelers to present a government issued passport for U.S. Customs re-entry after air, land or sea travel. For more information please visit the State Department's consular website www.travel.state.gov or the U.S. Department of Homeland Security's website www.dhs.gov. Sponsor reserves the right to structure travel route in its sole discretion. If the Grand Prize winner elects to take trip without a guest, components of the prize will be awarded in increments/quantities suitable for the actual number of travelers and Grand Prize winner will not receive any compensation or substitute/alternate prize or prize component for same. The travel dates stated above are set and cannot be changed. No extension or change of travel dates are permitted once the travel dates have been confirmed or booked by the Sponsor. Once air travel tickets are issued they are non-refundable, non-endorsable and non-transferable. Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which will be stated in the Affidavit/Release (described below), travel documents and/or Show attendance policy(s). Once travel has been confirmed, any cancellation or change fees or restructuring of a prize trip are the sole responsibility of the Grand Prize winner. Additional prize restrictions/conditions may apply. Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates and all other prize and travel restrictions, as applicable. Grand Prize winner and his/her guest must travel together on the same itinerary. All expenses associated with the receipt or use of a prize not specifically mentioned as being included (e.g., any requested upgrades), are excluded and are each winner’s sole responsibility including, but not limited to (as applicable): taxes, air transfers, government fees, unspecified ground transportation, meals, tips, gratuities, hotel incidentals, excursions, tours, laundry service, local and long distance telephone calls or other communications, WiFi, mobile phone roaming fees, internet or wireless services, souvenirs, gift shop purchases, spas, travel documents, service charges, travel insurance premiums, baggage fees, or transportation between Grand Prize winner’s residence and the departure airport and other personal expenses. Voucher(s) cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. If applicable, Voucher prizes must be used by the expiration stated, if any, or prize (or balance thereof) will be forfeited. Sponsor reserves the right, in its sole discretion, to replace any merchandise with a newer model or version of same; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. Any difference to the ARV of a prize stated in these Official Rules and the actual ARV of a winner’s prize will not be awarded. Prize notification, documentation, tickets and trip itinerary 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 each winner. Customs and import fees are the sole responsibility of any Canadian prize winner. Grand Prize winner will receive a 1099 form from the Sponsor for the total ARV, as stated herein, of his/her prize that he/she won in the calendar year that he/she won. Any depiction of the prizes or prize components, in Contest materials or otherwise, is for illustrative purposes only.
9. Rights in Submissions: In consideration of each Contestant’s Entry (and Photo) being reviewed and evaluated for this Contest, each Contestant 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 Contestant 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 Contestant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Photo. Each Contestant 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 Promotion Entities and their assignees and licensees shall have no obligations whatsoever to Contestant. Each Contestant and each winner agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in his/her Entry (and Photo) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights). Each Contestant 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 Contestant also grants to the Contest Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use Contestant’s and each Contributor/Subject’s name, image and likeness, biographical information, statement, voice, Entry and Photo 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. In addition, the Sponsor may opt to select some Photos entered in the Contest to be broadcast on the Show and will require a signed “On Air Release” prior to such usage. Contestants whose Photos were selected for broadcast are not considered a potential prize winner and his/her Entry has no advantage over any other. 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 Contestant, 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. Official Rules will be posted at the Websites during the Contest Period.
10. 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 Contestant 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 Contestant 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 Contestant’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 a Contestant 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.
11. 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 Contestant 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 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.
12. Rules/Winners’ List: To receive a copy of the Official Rules or a Winners’ List, send a self-addressed stamped envelope to: Wake Up with LIVE Photo Contest (“Rules” or “Winners” (specify which), P.O. Box 6493, Burbank, CA 91510. Winners’ List available after February 6, 2015. All requests must be received by April 3, 2015.
13. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
14. Contest administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of any prizes.
©2015 ESG. Contestants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.