LIVE’S Time to Smile Travel Trivia
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. Eligibility: LIVE’s Time To Smile Travel Trivia (“Sweepstakes”) is open only 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) and 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”), American Broadcasting Company, Inc., WABC-TV, Live with Kelly and Michael (“Show”), Disney *ABC Domestic Television, Hotwire, Inc., Expedia, Inc., PKJ Entertainment Marketing, Sweepstakes administrator, participating stations, stations airing Show, advertising and promotion agencies, those involved in the production, development and handling of the Sweepstakes and each of their respective agents, directors, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively “Sweepstakes Entities”) and members of their immediate families (parents, children, siblings, spouses, domestic partners) and/or persons living in the same households as such persons, whether related or not, are ineligible to enter Sweepstakes and cannot win prizes.
2. How to Enter: The Sweepstakes begins on August 25, 2014 and ends on October 31, 2014 (“Sweepstakes Period”) and participants can elect to enter the Sweepstakes with a “smile” themed photo of the entrant (“Smile Photo”) by mail or via the internet. Although the Sweepstakes begins on August 25, 2014 which is the first day to submit entries, the first day selected entrants (defined in section 4) may be contacted by a representative of the Show and given the opportunity to play the “Trivia Game” (pre-taped or on-air) will be on or about September 2, 2014. Although the last day to submit an internet photo entry and mail photo entry (both defined below) is on October 17, 2014 and on October 22, 2014 for alternate mail entries (defined below), the last day selected entrants may be contacted by a representative of the Show and given the opportunity to play on a pre-taped or on-air Show may be on or about October 31, 2014. The Show may elect to pre-tape, re-run or re-edit the Show(s) during the Sweepstakes Period with or without a Trivia Game played, but may conduct the Trivia Game(s) prior to the last broadcast date due to the Show’s production schedule. All entrants who submit an entry (regardless of entry method) must give his/her permission to potentially be on the air (if applicable) and have his/her Smile Photo broadcast on the Show or optional Skype video chat session broadcast on the Show (if applicable), by completing and signing an on air release in a form designated by Sponsor (“On Air Release”) at the time of entry. 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”) then his/her parent/legal guardian must complete and sign the On Air Release on his/her behalf and he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. If an entrant elects to enter with a photograph, the Smile Photo should be an amateur photograph of the entrant only and may not be taken by a professional photographer. No other person should appear (and/or be recognizable) in the Smile Photo.
To enter the Sweepstakes and submit a photo by mail: On a postcard or piece of paper (no larger than 5” x 7”), legibly hand-print your first and last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, one (1) telephone number (including area code) and Skype video chat username (optional) where you can be reached weekdays during the Sweepstakes Hours; download, complete and sign the On Air Release available on the Web Sites or by mail as outlined in section 11 below; select your Smile Photo (not to exceed 5” x 7”); and mail together in an envelope (no larger than 6” x 9”) with proper postage affixed to: LIVE’s Time To Smile Travel Trivia, P.O. Box 7731, Burbank, CA 91510 (“Mail Photo Entry”). You may enter by mail as often as you like but each Mail Photo Entry must be mailed separately.
To enter the Sweepstakes without a photo by On a postcard or piece of paper (no larger than 5” x 7”), legibly hand-print your first and last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, one (1) telephone number (including area code) and Skype video chat username (optional) where you can be reached weekdays during the Sweepstakes Hours; download, complete and sign the On Air Release available on the Web Sites or by mail as outlined in section 11 below; and mail together in an envelope (no larger than 6” x 9”) with proper postage affixed to: LIVE’s Time To Smile Travel Trivia, P.O. Box 6579, Burbank, CA 91510 (“Alternate Mail Entry”). You may enter by mail as often as you like but each Alternate Mail Entry must be mailed separately.
3. Additional Entry Details and Smile Photo Requirements: For an Internet Photo Entry or Mail Photo Entry to be considered for the Trivia Game, it must meet the following requirements (in addition to the eligibility and the Entry requirements stated above). The Smile Photo: (1) must be an informal photograph of the entrant taken by a hand-held camera and not taken by a professional photographer; (2) must contain the entrant and be entrant’s original creation, who maintains he/she is the sole owner of said Smile Photo and that his/her Smile Photo has never been previously published, previously entered in any competition or contest or won any award prior, and/or otherwise exhibited; (3) must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, vulgar, racially or ethnically-motivated material, or material that is invasive of another’s privacy, or any other objectionable material or gesture or material that is otherwise unfit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion; (4) must not violate or infringe any copyright, trademark, privacy, publicity or other proprietary right of any person or entity and must not contain, or otherwise make available any materials (images, trademarks, logos, etc.) that infringe upon any personal, proprietary or any other right of any third party; (5) must not contain the last name, phone number(s), address, or email address of any person, including the entrant; (6) must not contain any visual references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any depiction or representation thereof; (7) must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation; (8) must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Sweepstakes Entities or the computers, of any individual or entity participating in or otherwise associated with this Sweepstakes; and (9) 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. If the Smile Photo contains any other identifiable person, then that Entry may be disqualified from participation in the Trivia Game (in Sponsor’s sole discretion). Sponsor reserves the right to modify, edit, crop, adapt, and/or alter any Smile Photo however it sees fit and for any purpose without permission, notice or compensation to entrant/Show participant or any third parties.
4. Trivia Game Drawings and Trivia Game play: Approximately every week, beginning on or about September 2, 2014 an appropriate number of Entries, plus alternates, will be randomly selected in a drawing conducted by the Sweepstakes administrator in Burbank, California (whose decisions are final and binding in all respects), from all eligible Entries (as described herein) (“Wheel Drawing(s)”). Non-winning Entries for a given Wheel Drawing will be included in all subsequent Wheel Drawings. The last Wheel Drawing will take place on or about October 22, 2014. Additional Wheel Drawings may be conducted due to production exigencies. Only the selected entrants from that particular Wheel Drawing who have completed and signed an On Air Release will be included on the list provided to the Show and numbered chronologically off-camera for potential Trivia Game participation (“Selected Entrants”). Selected Entrants may be contacted by telephone on a weekday or on a weekend in the event of a remote taping. Only Selected Entrants will have the opportunity to be a potential Show participant during the Trivia Game segments when a Show representative or host calls (“Show Participant”). Prior to the Show taping, the potential Show Participant will be called at the telephone number on his/her Entry or, if applicable, he/she will be called to arrange a connection to Show Participant’s Skype video chat service (optional) for the Trivia Game play during the taping or broadcast. Should the Skype video chat service fail or be interrupted, the Show will call the Show Participant back on the telephone number he/she provided in his/her Entry to continue game play. Although an entrant may become a Selected Entrant, that does not guarantee that the Show will call, video chat, or that such entrant will have the opportunity to participate on the Show or become a Show Participant. Each weekday that the Trivia Game is played (although pre-taped), beginning on or about September 2, 2014 through the last “live” or “taped” broadcasts of the Show airing on or about October 31, 2014 a representative of the Show or one or more hosts of the Show will call one (1) randomly selected potential Show Participant prior to the taping of the Show (during the Sweepstakes Hours) according to the chronological order in which each Selected Entrant was randomly selected. In the event of a remote taping, Show will announce ahead of time the dates and location (if applicable) and Selected Entrants may be called on a weekday or on a weekend during the Sweepstakes Hours. Due to production exigencies, which may include but are not limited to host illness, pre-emption(s), holidays, guest cancellations, Show segment time overages, extreme weather conditions etc., there may be occasions when the Sweepstakes Hours will differ without notice and/or the Trivia Game may not be played. If the call to a potential Show Participant is answered before five (5) rings; the potential Show Participant comes to the telephone within approximately twenty (20) seconds; and if the potential Show Participant is available to participate during Show’s live broadcast (or taping), then potential Show Participant will be deemed the actual Show Participant and given the opportunity to play the Trivia Game by answering that day’s trivia question about a previous Show’s broadcast or a general question about the Show. If the Show Participant correctly answers that day’s trivia question on the telephone (or Skype video chat), he/she shall be awarded the wheel prize(s) (subject to verification) (“Wheel Prize”). For the call, the Show’s representative or one of the hosts will spin a prize wheel to determine the prize(s) that will be won (“Prize Wheel”). When the Prize Wheel stops, the prize(s) that lands on or nearest to the indicator will be the Wheel Prize(s) played for that day. Spin of Prize Wheel may take place either before or during the telephone call. If the Show Participant correctly answers that day’s trivia question he/she shall be awarded the Wheel Prize. Once the Trivia Game question has been announced, the Show Participant will be given twenty (20) seconds from the time the question is asked to respond with an answer and will be given only one (1) attempt to answer the trivia question. If Show Participant does not correctly answer the trivia question, the Wheel Prize will not be awarded to him/her but the Show Participant will receive a Reward Prize, as announced on that day’s Show. The Show Participant’s opportunity to answer the trivia question may be broadcast during the Show, in Sponsor’s sole discretion, however it may not be aired in the final version of that particular Show. If a Show representative or the host(s) call a potential Show Participant’s phone number and the potential Show Participant does not answer the phone but another member or guest of the household answers the phone, that potential Show Participant must come to the phone within twenty (20) seconds or he/she forfeits the opportunity to play the Trivia Game that day and a representative from the Show will select the next potential Show Participant from the Selected Entrants list in chronological order. During the taping of the Show, if a telephone call (or Skype video chat) is placed to a potential Show Participant and after the call is answered by the Show Participant, the call (or Skype video chat) is disconnected or technical difficulties are experienced during the call (or Skype video chat), the Show will make one (1) attempt to call the potential Show Participant back. If the potential Show Participant is still not able to be reached, then he/she will not be able to participate in the Trivia Game but will receive a Reward Prize. The Show will conduct only one (1) Trivia Game per taping/broadcast and the Show will speak on-air with a maximum of only one (1) Show Participant on each day of the Sweepstakes, if and only if, a Show Participant is reached on the phone or Skype video chat service. Only the Show Participant whose Entry was selected for participation can play the Trivia Game and no other person(s) may answer for, or on behalf of a Show Participant. At the election of Show, in its sole discretion, Sweepstakes may not be played every weekday, may or may not be played during remote taping(s) or may be extended and/or suspended for a number of days or weeks during the Sweepstakes Period due to production exigencies and/or other promotions (e.g. to conduct other home viewer promotions). If applicable and if the Show Participant opted to Skype video chat, the Show Participant agrees and represents that prior to his her Entry in this Sweepstakes, he/she had all of the tools necessary use Skype for the video chat and that the Show Participant was not required to purchase Skype services, video chat tools, equipment or any other service in order to participate in the Sweepstakes. The “Live” Skype video chat should be conducted with the Show Participant only and no other person should appear on the screen.
5. Prizes/Odds of Winning: Up to forty four (44) Wheel Prizes: Up to one (1) Wheel Prize will be awarded for each air date of the Sweepstakes (as described in these Official Rules) that may include one (1) of the following category of prizes: travel, cruise, cash, gift cards/certificates, furniture, appliances and/or electronics announced on that particular day’s taping/broadcast, as applicable. Approximate Retail Value (“ARV”) of each Wheel Prize: $3,000 - $18,250. Up to forty four (44) Reward Prizes: Up to one (1) Reward Prize will be awarded for each day of Sweepstakes (as described by Official Rules) in the form of a retailer gift certificate, gift card and/or merchandise prize. ARV of each Reward Prize: $500 - $2,000. Total ARV of all prizes offered: up to $891,000. Odds of winning a Wheel Prize or Reward Prize depends on the total number of eligible Entries received and who provided an On Air Release form by the time his/her Entry was drawn. Limit one (1) Wheel Prize or one (1) Reward Prize per person/family/household per calendar year. Actual number of prizes awarded depends on number of days the Sweepstakes is played on the Show and the number of Show Participants who participated during the Sweepstakes Play Days as well as the number of Selected Entrants who were unable to be reached for the call. The ARV’s of all prizes are furnished by the prize suppliers. For travel prizes, the round-trip coach-class air transportation component of the prize begins and ends at a major commercial airport near winner’s residence or in some cases from selected gateways as designated by the airline booking agency. Wheel Prize and related prize components and services are provided by participating hotels/resorts and airline carriers only (selected in Sponsor’s sole discretion). Sponsor reserves the right to structure the travel route in its sole discretion. If a winner lives within one hundred (100) miles of a Wheel Prize trip destination, air transportation will not be provided but ground transportation may be arranged in Sponsor’s sole discretion. Trips must be completed within one (1) year of notification of winning, unless otherwise stated by Sponsor and/or prize supplier(s) in their sole discretion. Trips must be booked at least twelve (12) weeks prior to the travel dates or on a timeframe set by Sponsor and/or prize supplier(s) in their sole discretion. No extension or change of trip dates permitted once trip dates have been confirmed by Sponsor. The 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) and/or prize travel notifications and/or documents. Trips are subject to air/ground travel availability, hotel/resort/stateroom availability, holiday and blackout dates and all other prize and travel restrictions, as applicable (in Sponsor’s and/or prize supplier(s) sole discretion). If a travel prize winner is a resident of a jurisdiction that deems him/her to be a Minor, he/she must be accompanied by his/her parent/legal guardian and such person must accompany the winner as the designated travel guest. If the guest is a resident of a jurisdiction that deems him/her to be a Minor, he/she must be accompanied by his/her parent/legal guardian and such person must be deemed the winner. If a winner elects to travel without a guest, or does not partake in all prize components, no additional compensation will be awarded. If a Wheel Prize trip is outside the U.S. or Canada (if a winner is a resident there), winner and guest (if applicable) 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 web site www.travel.state.gov or the U.S. Department of Homeland Security's web site www.dhs.gov. Each Wheel Prize winner and/or his/her guest must have/present at least one major credit card in good standing in order to check into a hotel, cruise or resort. If a trip has a rental car component, winner and/or a guest (if applicable) must have a valid U.S. or Canadian driver’s license, be twenty (25) years of age or older, and have at least one (1) major credit card in good standing or rental car component of prize will be forfeited and remaining elements of the trip shall constitute full satisfaction of said prize. Wheel Prize winner and guest must travel together on the same itinerary and all trip components must be taken together on the same trip. In the event that a prize component is not available during the time of the trip for whatever reason (e.g. weather conditions), then remaining elements of the Wheel Prize or prize components shall constitute full satisfaction of Sweepstakes Entities’ prize obligation to winner and no additional compensation will be awarded in lieu thereof. All other expenses and incidentals not specifically mentioned as being included are excluded and are each Wheel Prize winner’s sole responsibility including, but not limited to: taxes, government fees, service charges, unspecified ground transportation, air or hotel upgrades, meals, tips, gratuities, hotel incidentals, excursions, tours, port charges, laundry service, local and long distance telephone calls or other communications, mobile phone roaming fees, internet or wireless services, souvenirs, gift shop purchases, spa services, travel documents, trip and travel insurance, baggage fees, required immunizations and/or other personal expenses. Gift card(s) or certificates cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. Retailer gift certificate, gift card, or merchandise vendors will be selected by Sponsor in its sole discretion. If applicable, gift card prizes or gift certificates must be used by the expiration stated, if any, or prize (or balance thereof) will be forfeited. All monetary values expressed herein are in U.S. Dollars. No transfer of any prize is permitted. No substitution or cash equivalent for any prizes, except in Sponsor's sole discretion, due to prize unavailability for any reason and only then for a prize or prize component of comparable value. 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 be shipped to U.S. or Canadian addresses (excluding Quebec) only. Customs and import fees are the sole responsibility of any Canadian prize winner. Wheel Prizes and Reward Prizes shown in any marketing material or on the Show may not be the actual prize awarded. Any depiction of prize(s) is for illustrative purposes only. All federal, state, provincial, and/or other taxes are the sole responsibility of each winner. Winners of prizes valued at $600 or more 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.
6. Winner Notification and Requirements: Each Show Participant who may receive a Wheel Prize or a Reward Prize is considered only a potential winner (subject to verification), until it is determined that he/she is in full compliance of all eligibility requirements and has completed the required applicable documentation issued by the Sweepstakes administrator. Each Wheel Prize and Reward Prize winner will be required to answer a series of eligibility questions by the Sweepstakes administrator (“Telephone Eligibility Questionnaire”) conducted on the telephone prior to being deemed a potential winner (subject to verification). Winners (or his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a Minor) of prizes valued at $600 or more 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 ten (10) days of receipt or prize will be forfeited and Sponsor will have no further obligation to such potential winner. By completing a Telephone Eligibility Questionnaire and/or returning the completed Affidavit/Release, each potential winner attests to the authenticity of his/her winning Entry. All winners are deemed to be potential winners until his/her eligibility is verified in accordance with these Official Rules upon the completion of a Telephone Eligibility Questionnaire and/or the return and review of his/her Affidavit/Release(s) (if applicable) by Sponsor and/or Sweepstakes administrator. If a Canadian resident is selected as a potential Wheel Prize or Reward Prize winner, he/she must correctly answer a time based, mathematical skill-testing question administered by telephone without assistance or mechanical or electronic aid to be eligible for a prize. If the selected Canadian potential winner cannot be reached within ten (10) days of the first attempt to administer the skill-testing question, he/she may be disqualified in Sponsor’s sole discretion. Winners who receive a Wheel Prize that involves travel must have his/her travel guest (or his/her parent/legal guardian, if guest is a resident of a jurisdiction that deems him/her a Minor) execute and have notarized (and return within ten (10) days of receipt by winner) a Liability Release and a Publicity Release (“Travel Guest Release”). Only a travel guest (if applicable) who completes the Sweepstakes Travel Guest Release, will be cleared to travel with the designated winner as part of his/her Wheel Prize (subject to airline and/or TSA requirements/restrictions). Winners must not change his/her travel guest without the expressed permission of the Sponsor (in its sole discretion). If a change is approved, completion of the required Travel Guest Release documentation, prior to booking any travel prize components, is required. If a potential winner is a resident of a jurisdiction that deems him/her to be a Minor, prize will be awarded in the name of his/her parent/legal guardian. If a potential winner cannot be reached after a reasonable effort has been exerted during ten (10) days, if he/she is found to be ineligible, if his/her prize or prize notification is returned as undeliverable, or if he/she cannot or does not comply with these Official Rules, such winner will be disqualified and the prize will be forfeited.
8. Disclaimers: Sweepstakes Entities are also not responsible for Entries or On Air Releases that are not submitted by the entrant or Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) in excess of the stated limit, or for mail or Entries that are illegible, late, tampered with, forged, incomplete, garbled, mechanically duplicated, mass machine printed, misdirected, postage-due, mutilated, deleted, damaged, lost, late, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be void. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Potential winners agree and acknowledge that Sweepstakes Entities are not responsible or liable for ambiguous Trivia Game questions and/or disputes over answers to Trivia Game questions. By participating, entrants agree that the Sweepstakes Entities shall not be responsible for any unintentional production errors that occur during the Trivia Game, Skype video chat, or spinning of the Wheel and that the Show may address such errors in its sole discretion (for example, in the event that a question is determined to be compromised during a Trivia Game segment the Show may replace such question with a different Trivia Game question about a previous Show’s broadcast or a general question about the Show). Sweepstakes Entities are not responsible if, in a given U.S. or Canadian market, the Show is broadcast on a delayed basis (e.g. if Show does not air on the uniform date across the country intended by Sponsor); if the Trivia Game is delayed or played after the Sweepstakes Hours; if a telephone call or video chat is entirely or in part interrupted; or if the Show is canceled, delayed or interrupted, in whole or in part, for any reason. Due to reasons beyond Sponsor and/or Sweepstakes Entities control, entrants and winners release Sweepstakes Entities and their respective agencies, officers, directors, and employees or any other company or person(s) providing prizes from any and all liability/responsibility with respect to a prize(s) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry information; Web Sites incompatibility with mobile, hand-held or tablet devices; acceptance/possession, use/misuse, and/or defects of a prize 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 the Sweepstakes, Facebook, the Web Sites, the Entry form, Smile Photo upload mechanism, or any online service via the internet due to hardware or software compatibility problems; any damage to entrants (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, or elements of Sweepstakes and/or fraudulent (including unauthorized) gift card uses made with lost, stolen or misappropriated gift cards, incomplete (including inaccurate) gift card database information and canceled gift card uses even if caused by the negligence of one of the Sweepstakes Entities. In addition, Entrants and winners release Sweepstakes Entities from errors in the processing of Entries, the announcement of the prizes, the playing of a Trivia Game, the interruption of a Skype video chat, the cancellation of any Show or Trivia Game, the administration of Trivia questions, the incorrect downloading of the On Air Release, errors in Sweepstakes-related materials, promotional or marketing materials or in these Official Rules; or other errors or difficulties of any kind whether human, mechanical, electronic, computer, video, audio, connections, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, loss or damage to any baggage, inconvenience or irregularity that may be caused or contributed (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, airlines, 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 Sponsor or its parents, subsidiaries and affiliated companies. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that are sent along with prize(s). The failure of 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
9. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any 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 or entrants 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). 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 Sweepstakes 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 a Winners’ List, send a self-addressed stamped envelope to: LIVE’s Time To Smile Travel Trivia “Rules” or “Winners” (specify which), P.O. Box 6735, Burbank, CA 91510. Winners’ List available after October 31, 2014. All requests must be received by December 31, 2014.
11. On Air Release: To download the On Air Release go to http://www.LIVEKellyandMichael.com, print, complete, sign and send to Sweepstakes administrator as instructed for the applicable method of Entry. Internet Entrants (only) must email his/her On Air Release (as an attachment) to Sweepstakes administrator at Live@EnteractiveSolutions.com with the subject line completed with entrant’s first name, last name and email address used in his/her Internet Photo Entry. Once an On Air Release is received via email, no further emails need to be sent. One (1) On Air Release per person/email account only for Internet Photo Entries.
Each Mail Photo Entry must contain the On Air Release along with his/her Smile Photo and be sent with the complete Entry Information on a postcard or piece of paper (no larger than 5” x 7”) mailed together in an envelope (no larger than 6” x 9”) with proper postage affixed to: LIVE’s Time To Smile Travel Trivia, P.O. Box 7731, Burbank, CA 91510.
Each Alternate Mail Entry must contain the On Air Release and be sent along with the complete Entry Information on a postcard or piece of paper (no larger than 5” x 7”) mailed together in an envelope (no larger than 6” x 9”) with proper postage affixed to: LIVE’s Time To Smile Travel Trivia, P.O. Box 6579, Burbank, CA 91510.
To receive a copy of the On Air Release by mail, send a self-addressed stamped envelope to: LIVE’s Time To Smile Travel Trivia “On Air Release”, P.O. Box 11061, Burbank, CA 91510. All On Air Release requests must be received by October 8, 2014.
12. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
13. Sweepstakes administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of any prizes.
Official Rules ©2014 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.