LIVE’S Holiday Inbox Contest Rules
OFFICIAL RULES
NO PURCHASE NECESSARY TO WIN
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Contest Overview: The LIVE’s Holiday Inbox Contest ("Contest") begins on December 15, 2014 at 9:00 a.m. Eastern Time (“ET”) and ends at 11:59 p.m. ET on December 26, 2014 (“Contest Period”). The Contest consists of a skill based competition whereby an entrant will submit a question to the hosts or about the LIVE with Kelly & Michael TV Show (“Inbox Question”) 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 Inbox Question requirements. Inbox Questions may be read on-air or appear in LIVE’s online Inbox. Reading an Inbox Question on-air or in LIVE’s online Inbox does not mean entrant has won a prize. On an ongoing basis starting on December 15, 2014 at 9:00 a.m. ET and ending on or about 11:59 p.m. ET on December 26, 2014 ET, the Sponsor or Sponsors 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 open to persons eighteen (18) years of age or older as of the date of entry; who are permanent legal residents of the fifty (50) states of the U.S. the District of Columbia (“D.C.”) and Puerto Rico, (excluding Guam and all other U.S. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein. 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 and agents of Buena Vista Television, LLC (“Sponsor”), LIVE with Kelly & Michael, American Broadcasting Companies, Inc., The Walt Disney Company, WABC-TV, Disney *ABC Domestic Television, Contest administrator, their respective advertising and promotion agencies, and those involved in the production, development and handling of the Contest, their respective agents, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively “Contest Entities”) and members of their immediate families (parents, children, siblings, spouses, domestic partners) and/or persons living in the same household as such persons, whether related or not, are ineligible to enter the Contest.
3. How to Enter: During the Contest Period prospective entrants can visit the LIVE with Kelly & Michael web sites at www.LIVEKellyandMichael.com or the LIVE with Kelly & Michael Facebook page at www.facebook.com/LIVEKellyandMichael (“Web Sites”) and select the Contest graphic that will open the entry page. Each entrant must follow the online instructions and submit his/her Inbox Question as well as the following entry information in order to enter the Contest: first name, last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, email address and daytime telephone number (“Entry Information”) to receive one (1) entry into the Contest (“Entry”). The entrant is defined as the person who completed the act of entering and submitting his/her Entry Information and Inbox Question (“Entrant”). All required Entry Information must be completed in full and must be accurate, current, true and valid. The Entry Information must match the information of the Entrant that completed the act of physically entering the Contest. If an Entrant is deemed a minor in his/her jurisdiction of residence and resides in Alabama or Nebraska in the U.S., or is a resident of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada and is under 19 years of age; or is a resident of Mississippi under 21 years of age (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Contest or submitting any personally identifiable information. Entries must be received by 11:59 p.m. ET on December 26, 2014. Limit one (1) Entry per person/per email address per day during the Contest Period regardless of which Web Site is used to enter the Contest. If an Entrant opts to enter from Facebook, he/she must understand that 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 has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. Each Entrant understands he/she is providing his/her information to the Sponsor and not to Facebook. Entries by the same person in excess of the limits stated herein will be disqualified. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, logins or any other methods, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will void that Entrant’s entries and that Entrant may be disqualified. Once an email address has been registered by an Entrant, that email address cannot be used by any other person at the Web Sites. No other person may use or share the same email address at the Web Sites and, he/she must be deemed the person who physically completed the act of entering. MULTIPLE ENTRIES BY THE SAME PERSON IN EXCESS OF THE LIMITS STATED HEREIN WILL BE DISQUALIFIED. Proof of delivery or receipt of an Entry 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 the prize is subject to eligibility verification as set forth below. THE WEBSITES AND ENTRY PROCESS 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. Sponsor’s computer shall be the official clock for purposes of the Contest.
4. Entrant Inbox Question Agreement and Requirements: Each Entrant and Entrant’s Inbox Question must adhere to the following guidelines and requirements:
a. Inbox Question must be in the English language.
b. Inbox Question must not exceed 4,000 characters. If Inbox Question exceeds 4,000 characters only the first 4,000 characters will be judged.
c. Inbox Question 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 in the Inbox Question.
d. Inbox Question cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person.
e. Inbox Question must not have been previously entered in any competition or contest or won any award prior to submission in this Contest and Inbox Question must not have been previously published, performed or otherwise exhibited.
f. Inbox Question 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 reading/publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
g. Inbox Question must not include materials (language, phrases, quotations, trademarks, or products or brand names not owned or licensed by the Sponsor or its affiliates) etc.), belonging to or copyrighted by third parties.
h. Inbox Question must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
i. Inbox Question 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. Inbox Question must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
k. Inbox Question 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.
Sponsor has the right to disqualify any Inbox Question and subsequently any Entrant’s Entry that does not adhere to the above criteria, that is not reasonably pertinent to the judging criteria (described in section 5 below) or is otherwise in violation of these Official Rules as determined by Sponsor in its sole and absolute discretion.
INBOX QUESTIONS READ ON-AIR OR IN LIVE’S ONLINE INBOX REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR OR FACEBOOK IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE READING/POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, MODERATING, SCREENING OR REVIEWING OF ENTRIES PRIOR TO READING/POSTING/PUBLICATION OF THEM SPONSOR RESERVES THE RIGHT NOT TO READ/POST AND MAY DISQUALIFY ANY INBOX QUESTION 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 and Notification of Winners: Weekdays beginning on or about December 15, 2014 at 9:00 a.m. ET and continuing until on or about 5:00 p.m. ET on December 29, 2014 (“Judging Period”), all eligible Contest Entries will be judged by Sponsor and/or its representatives. On or about December 29, 2014, up to ten (10) highest scoring Entries based on the judging criteria listed below will be deemed the winners subject to verification of eligibility and compliance with the Contest Official Rules (“Winners”). Inbox Questions will be judged based upon the following criteria: 1) Most Interesting Question (40 points); 2) Appropriateness for Viewers (30 points); and 3) Ability to be Answered (20 points) (“Judging Criteria”). Each Inbox Question will receive a score based on the Judging Criteria for a maximum of up to ninety (90) points. In the event of a tie, the Entrant whose Inbox Question receives the higher score for " Most Interesting Question” will be declared a Winner. In the event of a further tie, the Entrant whose Inbox Question receives the higher score for " Appropriateness for Viewers” will be declared a Winner. In the event of a further tie, the Entrant whose Inbox Question receives the higher score for “Ability to be Answered “will be declared a Winner. In the event of a further tie, Sponsor in its sole discretion shall choose a Winner based on an evaluation of which Inbox Question 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 at all if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received. Each potential 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 December 30, 2014. If a potential Winner cannot be reached after three (3) phone call attempts within a forty-eight (48) hour period, such potential winner will be disqualified and the next highest scoring Entrant will be selected as an alternate Winner at Sponsor’s sole discretion. If a potential 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 the next highest scoring Entrant will be selected as an alternate Winner at Sponsor’s sole discretion.
6. Prizes: Ten (10) Prizes will be awarded: Each prize winner will receive three (3) Philips Sonicare Diamond Clean toothbrushes ($220 each) (selected in Sponsor’s sole discretion) and one (1) Philips Zoom QuickPro Whitening Treatment (“Prize”). The total Approximate Retail Value (“ARV”) of each Prize: $785.00 USD. ARV of all Prizes $7,850. If a winner is a resident of Canada, he/she will be awarded a cash substitution for the exact amount of the Philips Zoom QuickPro Whitening Treatment valued at $125.00 USD. Limit one (1) Prize per person/per household. Prize cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. Toothbrush model/type will be selected by Sponsor in its sole discretion. Zoom QuickPro whitening treatment must be completed within one (1) year of winning. Representatives of Sonicare will coordinate with each winner to book an appointment for the Zoom QuickPro whitening treatment with a local dentist within each winner’s city/town/province of residence. Each winner must acknowledge and understand that any associated or inherent risk connected with any activity he/she elects to partake in, is at his/her own risk and Sponsor and the Contest Entities are not liable for any such activities or any issues resulting from such activities including but not limited to the Philips Zoom QuickPro treatment. Sponsor is not responsible for appointment delays or cancellations. If for any reason whatsoever (including, but not limited to, illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor’s control), a winner is unable to attend the Zoom QuickPro whitening treatment after all arrangements have been made Sponsor shall have no further obligation to winner, and there shall be no compensation or prize substitution. Contest Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Prize. All Prize details/components are selected in Sponsor’s sole discretion. No extension or change of the Zoom QuickPro whitening treatment appointment is permitted once confirmed or booked by the Sponsor. 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. 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 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. Prizes and Prize notifications will only be shipped to U.S., D.C., and Canada (excluding Quebec) addresses provided by Entrants in his/her Entry Information. All federal, state, provincial and/or other taxes are the sole responsibility of each Prize winner. Any depiction of the Prizes or prize components, in Contest materials or otherwise, are for illustrative purposes only. Contest 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 a Prize is subject to eligibility verification as set forth below.
7. 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, Entrants agree to be bound by these Rules and Laws and the decisions of the Sponsor/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 the Prize (or prize component) awarded; and to release all right to bring any claim, action, or proceeding against the Contest Entities. By entering, each Entrant and each Winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If a Prize Winner is considered a Minor in his/her jurisdiction, Prize will be awarded in the name of his/her parent/legal guardian. Official Rules will be posted at the Web Sites 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 Contest entry form. Any personal information supplied by an Entrant and/or Winner to either Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy (http://disneyprivacycenter.com), Terms of Use (http://disneytermsofuse.com) and the Facebook Community Guidelines and each policy respectively may be modified from time to time. Except where prohibited by law or Sponsor’s Privacy Policy, an Entrant who submitted his/her Entry Information and/or a Prize Winner’s acceptance of a Prize constitutes permission of such Entrant or Winner (or his/her parent/legal guardian if he/she is a Minor) for the Contest Entities to use Entrant’s or Winner’s name, address (city and state), photograph, likeness, biographical information, statements, and voice for advertising/publicity purposes worldwide and in all forms of media (including but not limited to posting on the Web Sites), now known or hereafter devised, in perpetuity throughout the universe without further compensation, in relation to the Contest or the Prize awarded. Sponsor have the right to modify, use, assign and/or dispose of Entries however it sees fit and for any purpose without any notice or compensation to Entrant 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 Entrant’s parent/legal guardian. If, for any reason, Contest is not capable of running as originally planned, Sponsor (in their sole discretion), reserves the right to cancel, suspend or modify the Contest or any portion(s) thereof and instruct the Contest administrator to conduct the drawing and award the Prizes from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Prizes in a manner that is fair and equitable and notice of such action will be posted on Sponsor’s Web Sites. Sponsor reserve 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 a 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 a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the Entrant. The "authorized account holder" is deemed the natural person who is assigned to an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must be the Entrant, comply with these Official Rules and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
8. Disclaimers: Contest Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, bot or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. Once submitted, Entries become the sole property of the Sponsor and will not be returned. The Winners and Entrants in this Contest agree to release the Contest Entities and their respective agencies, officers, directors and employees or other company, service provider or any other persons providing the Prize (or prize component) from any and all liability/responsibility with respect to the Prizes awarded due to reasons beyond Sponsor and/or Contest Entities control (including without limitation any property loss, damage, personal injury, or death) in connection with: participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; acceptance/possession, use/misuse, and/or defects of the Prize (or prize component) awarded herein; any technical malfunctions of the telephone network, satellite, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Contest, the Web Sites or any online service via the internet due to hardware or software compatibility problems; any damage to 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, or elements of the Contest and/or even if caused by the negligence of one of the Contest Entities. 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 any entity (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 Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of the Contest Entities. Entrants further agree to indemnify and hold harmless the Contest Entities from any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against the Contest Entities. 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 the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
9. 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 New York 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 New York, New York. The arbitrator shall be selected by mutual agreement of Sponsor and the Entrant or participants 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). Entrants agree that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Entrant further agree 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 and in no event will Entrants be permitted to obtain attorneys' fees or other legal costs; and, under no circumstances, will an Entrant be entitled to awards for and Entrant 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.
10. Rules/Winners’ List: To receive a copy of the Official Rules or the Winners’ List, send a self-addressed stamped envelope to: LIVE’s Holiday Inbox Contest “Rules” or “Winners’ List” (specify which), P.O. Box 6611, Burbank, CA 91510. Official Winners’ Information will be available after December 29, 2014. All requests must be received by February 27, 2015.
11. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
12. Contest administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of the Prizes.
Official Rules ©2014 – 2015 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.
