Colgate Optic White Holiday Inbox Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR 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.
The Colgate Optic White Holiday Inbox Sweepstakes begins on December 10, 2012 at 12:01 a.m. ET and ends on December 21, 2012 at 11:59 p.m. ET ("Sweepstakes Period"). Sponsor's computer shall be the official clock for purposes of the Sweepstakes. For purposes of this Sweepstakes all times (as hereinafter defined) refer to Eastern Time ("ET").
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. and 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. Participants 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 ("Show"), The Walt Disney Company, WABC-TV, American Broadcasting Companies, Inc., Disney *ABC Domestic Television (DADT), the Colgate-Palmolive Company, Sweepstakes administrator, their respective advertising and promotion agencies, and those involved in the production, development and handling of the Sweepstakes, their respective agents, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively "Sweepstakes Entities") and members of their immediate families (parents, children, siblings, spouses) and/or persons living in the same household as such persons, whether related or not, are ineligible to enter Sweepstakes.
- How to Enter:
To enter the Sweepstakes, visit the LIVE with Kelly & Michael web site at www.livekellyandmichael.com ("Web Site") and select the Sweepstakes icon or image that will open the Sweepstakes entry page. Registered participants must first login by entering his/her member name and password and then he/she will be directed to the entry page. Participants must follow the online instructions and "submit" his/her entry information ("Entry Information") which will also include his/her telephone number (including area code) and participantís email message directed to Kelly and Michael that will be electronically sent to the hosts' "Inbox" and result in one (1) entry into the Sweepstakes ("Entry"). Messages must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually-explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material. Participants who are not registered on the Web Site, may become a registered member by completing (and thereafter transmitting) the registration form. Information requested on the registration form consists of participantís first and last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, gender, email address, member name and choice of password ("Registration Information"). Participants must be registered with the Web Site to enter the Sweepstakes. Registration is free. If a prospective participant is already registered with the Walt Disney family of companies (see Web Site for list of sites), no new registration is required. All required Entry Information must be completed in full and must be accurate, current, true and valid. The Registration Information and the Entry Information must match the information of the participant that completed the act of physically entering the Sweepstakes. If a participant 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 Sweepstakes or submitting any personally identifiable information. Entries must be received by 11:59 p.m. ET on December 21, 2012. Limit one (1) Entry per person/per email address/per day during the Sweepstakes Period. Entries by the same person in excess of the limits stated herein will be disqualified. Any attempt by a participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will void that participantís entries and that participant may be disqualified. Once an email address has been registered by a participant, that email address cannot be used by any other person at the Web Site. Only the participant registered under a particular email address on the Web Site may participate in the Sweepstakes; no other person may use or share the same email address at the Web Site; 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 (AND/OR SUBMITTED ONLINE USING MULTIPLE MEMBER ACCOUNTS), 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 WEBSITE MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF A PARTICIPANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS THE WEBSITE AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER. If the Show opts to use a participant's Inbox message from their Entry on a Show broadcast during the Sweepstakes Period, this usage is for "Inbox Show Segments" only and has no bearing on the selection of the winner in this Sweepstakes.
- Prizes/Odds of Winning: One (1) prize will be awarded:
Winner will receive a trip for four (4) to New York, N.Y. for seven (7) days/six (6) nights. Trip includes: roundtrip coach class air transportation for winner and up to three (3) guests from a major commercial airport near winner's residence to New York, N.Y. (actual airport in the New York, N.Y. vicinity to be determined in Sponsorís sole discretion); six (6) nights hotel accommodations for the winner and up to three (3) guests (one (1) room/quad occupancy or two (2) rooms/double occupancy to be determined in Sponsorís sole discretion); round trip ground transportation between the hotel and airport in New York; a one thousand dollar ($1000) cash award for a "New York Shopping Spree" (awarded to the winner only in the form of check); admission for the winner and up to three (3) guests to the "LIVE with Kelly & Michael"
Show ("Show Admission") (actual Show taping or broadcast subject to production schedule in Sponsorís sole discretion); and a Colgate prize pack consisting of: ten (10) pouches of Optic White Wisp; ten (10) bottles of Optic White Mouthwash; ten (10) boxes of Optic White Toothpaste; ten (10) Optic White Powered Toothbrushes; and ten (10) Optic White Toothbrushes ("Grand Prize"). The total Approximate Retail Value ("ARV") of the Grand Prize: $10,308. Odds of winning the Grand Prize depends on the total number of eligible Entries received during the Sweepstakes Period. All monetary values are expressed herein are U.S. dollars ("USD"). If the winner elects to take trip without the allotted number of guests, winner will not receive any compensation or substitute/alternate Grand Prize or prize component for the same. If the winner resides in a jurisdiction that deems him/her to be a Minor, he/she must be accompanied by his/her parent/legal guardian who must be deemed one of the travel guests. If one of the winnerís guests resides in a jurisdiction that deems him/her to be a Minor, he/she must be accompanied by his/her parent/legal guardian who must be deemed the winner or one of the three (3) travel guests. Sponsor may choose which Show taping or broadcast in its sole discretion, subject to availability and production exigencies. If the Show Admission taping or broadcast is cancelled or postponed prior to or during winnerís trip for any reason, the Show Admission portion of prize (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Winnerís guest(s) must be at least twelve (12) years of age or older in order to partake in the Show Admission portion of the Grand Prize. Winner and guests are solely responsible for obtaining all necessary travel documents. If the winner is a resident of Canada, winner and guests (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 website www.travel.state.gov or the U.S. Department of Homeland Security's website www.dhs.gov. Grand Prize must be taken within one (1) year of notification of winning or Grand Prize will be forfeited in its entirety. If the winner lives within one hundred (100) miles of New York, N.Y., air transportation (as applicable) will not be provided but ground transportation (or alternative transportation) may be arranged in Sponsorís sole discretion. No transfer, substitution or cash equivalent for the Grand Prize (or prize component), except that Sponsor in its sole discretion may substitute a Grand Prize or prize component of equal or greater value due to prize unavailability for any reason. Winner and guests must present valid government issued IDs to partake in the Grand Prize and meet any other travel requirements of the airline and/or hotel (in Sponsorís sole discretion). Winner and/or his/her guests must have/present at least one major credit card in good standing in order to check into the hotel. Grand Prize and prize components cannot be combined/exchanged with any other offer. Sponsor reserves the right to structure travel route in its sole discretion and winner and his/her guests must travel together on the same itinerary. No extension or change of travel dates are permitted once the travel dates have been confirmed or booked by the Sponsor. Once the air travel tickets are issued they are non-refundable, non-endorsable and non-transferable. Grand 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 travel documents. Once travel has been confirmed, any cancellation or change fees or restructuring of the trip are the sole responsibility and expense of the winner. Additional Grand Prize restrictions/conditions may apply. Grand Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates, season restrictions and all other Grand Prize and travel restrictions, as applicable. All expenses associated with the receipt or use of the Grand Prize not specifically mentioned as being included (e.g., any requested upgrades), are excluded and are the winnerís 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, 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 and/or other personal expenses. Sponsor is not responsible for travel delays, cancellations or for any airline and/or hotel policies that may apply and subsequently prohibit or delay winner and/or guests from partaking in the Grand Prize. If for any reason whatsoever, Grand Prize winner is unable to travel after all arrangements have been made and paid, the Sponsor shall have no further obligation to him/her and there shall be no compensation or Grand Prize substitution if winner or guests are unable to take scheduled trip by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsorís control. Sponsor reserves the right, in its sole discretion to replace any prize component 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. Grand Prize notification, documentation, tickets and trip itinerary will be shipped to U.S., D.C. and Canada (excluding Quebec) addresses only. All federal, state, provincial and/or other taxes are the sole responsibility of the winner. Winner will receive a 1099 form from the Sponsor for the total ARV, as stated herein, of his/her Grand Prize that he/she won in the calendar year that he/she won. Any depiction of the Grand Prize or prize components, in Sweepstakes materials or otherwise, is for illustrative purposes only. Sweepstakes Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the prizing.
- Drawing and Notification of Winner:
Potential winner will be randomly selected from all eligible Entries received in a drawing to be held on or about January 4, 2013 ("Drawing Date") in Burbank, CA by the Sweepstakes administrator, an independent compliance organization. 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 the Drawing Date. If the 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 an alternate potential winner will be selected in Sponsorís sole discretion. If the potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her Grand Prize notification documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and an alternate potential winner will be selected in Sponsorís sole discretion. If a Canadian resident is selected as the potential winner, he/she must correctly answer a time based, mathematical skill-testing question administered by phone/mail without assistance or mechanical or electronic aid to be eligible for the Grand Prize.
- General Conditions:
Sweepstakes 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 winner and participants in this Sweepstakes agree to release the Sweepstakes Entities and their respective agencies, officers, directors and employees or other company, service provider or any other persons providing the Grand Prize (or prize component) from any and all liability/responsibility with respect to the Grand Prize awarded due to reasons beyond Sponsor and/or Sweepstakes Entities control (including without limitation any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry Information; answers to Canadian skill testing questions. acceptance/possession, use/misuse, and/or defects of the Grand 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 Sweepstakes, the Web Site or any online service via the internet due to hardware or software compatibility problems; any damage to participants (or any third personís) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, or elements of the Sweepstakes and/or even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes 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 Sweepstakes Entities. Participants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. 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.
- GOVERNING LAW, JURISDICTION, ARBITRATION:
Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the Grand 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 stateís 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 participant 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 arbitratorís award is based. The Parties will share equally in payment of the arbitratorís 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). Participants agree that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each participant 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 Sweepstakes and in no event will participants be permitted to obtain attorneys' fees or other legal costs; and, under no circumstances, will a participant be entitled to awards for and participant 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.
- Rules/Winner's List:
To receive a copy of the Official Rules or the Winnerís Information, send a self-addressed stamped envelope to: The Colgate Optic White Holiday Inbox Sweepstakes Rules or "Winner's InformationĒ (specify which), P.O. Box 6452, Burbank, CA 91510. Official Winnerís Information will be available after January 4, 2013. All requests must be received by February 21, 2013.
Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
- Sweepstakes Administrator:
ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of the Grand Prize.
Official Rules ©2012 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.