Fun in the Fresh Air Sweepstakes

OFFICIAL RULES


NO PURCHASE NECESSARY

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. DESCRIPTION: Fun in the Fresh Air Sweepstakes ("Sweepstakes") begins on February 27, 2012 at 12:01 a.m. PT and ends on March 30, 2012 at 11:59 p.m. PT (“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 Pacific Time ("PT").


  2. ELIGIBILITY: Open to 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 currently are physically located and residing therein and who are 18 years of age or older as of the date of entry. Entrants must also have either a 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”), The Walt Disney Company, WABC-TV, American Broadcasting Companies, Inc., Disney *ABC Domestic Television (DADT), LIVE! With Kelly (“Show”), Reckitt Benckiser North America, Sweepstakes administrator, and their respective advertising and promotion agencies, stations airing the Show and those involved in the production, development and handling of 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 households as such persons, whether related or not, are ineligible to enter Sweepstakes.


  3. HOW TO ENTER: To enter the Sweepstakes, access the web site located at http://www.livewithkelly.tv (“Web Site”). Registered participants must first login by entering his/her member name and password and click on the Sweepstakes icon or image, which will open an invitation for participants to obtain a bonus entry for completing one (1) of the following actions (optional): a) Enter the following Fragrant Homes Club Code “NATPARK2,” or, opt-in to receive news and special offers from Air Wick® (“Bonus Entry”). Participants can also select, “No Thanks” and elect not to obtain a Bonus Entry. Once one (1) of these options is submitted, participants will be taken to the entry form and asked to complete and submit the entry form (“Fresh Air Entry”) with the following information (“Entry Form”): first and last name, complete home address (including street address, city, state/province and zip/postal code), daytime telephone number and email address (“Entry Information”). 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 the following: first and last name, complete home address (including street address, city, state/province and zip/postal code), daytime telephone number, date of birth and email address (“Registration Information”). By selecting option “a’ or “b” above and submitting the Entry Form, each participant will receive one ( 1) Bonus Entry and one (1) Fresh Air Entry each day they participate (“Double Entries”). Once option “a’ or “b” above is selected, the system will automatically award the Double Entry each day without asking the participant to select it again. Limit one (1) Fresh Air Entry per person/per email address/per day or limit two (2) Double Entries per day during the Sweepstakes Period (collectively “Entries”). Entries must be received by 11:59 p.m. PT on March 30, 2012. There is no fee to register. 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 and valid. The Entry Information must match the information of the entrant 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 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 he/she must obtain parental/legal guardian consent prior to entering the Sweepstakes or submitting any personally identifiable information. 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, registrations, 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 entered 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. Proof of delivery or receipt of Entries will not be deemed by Sponsor as proof of Entry. Any attempted form of Entry other than as described herein is void.


  4. PRIZE/ODDS OF WINNING: One (1) Prize will be awarded. The winner can choose one (1) of the following vacation packages for the winner and up to five (5) additional guests:

    • (a) Kailua-Kona, Hawaii National Park Vacation. The Kailua-Kona, Hawaii National Park Vacation includes: round-trip coach airfare for the winner and up to five (5) travel guests between the major airport that is near the winner’s residence and Kona International Airport, Hawaii; five (5) nights hotel accommodations for the winner and his/her guests (up to three (3) room(s), double occupancy) (actual hotel selected by Sponsor in its sole discretion); ground transportation for six (6) between the hotel and airport in Hawaii; a customized tour for six (6) of the Kailua-Kona village and surrounding national park(s) (actual tour selected in Sponsor’s sole discretion and will take place in one (1) day limited to 12 hours or less and cannot exceed $1500); a one thousand dollar ($1000) cash award for expenses awarded to the winner only in the form of check; and a one thousand five hundred dollar ($1500) cash stipend for additional ground transportation (e.g. rental car, etc.) awarded to the winner only, in the form of a check. The approximate retail value (“ARV”) of the Kailua-Kona, Hawaii National Park Vacation is $23,500. OR;

    • (b) Yellowstone National Park Vacation. The Yellowstone National Park Vacation includes: round-trip coach airfare for the winner and up to five (5) travel guests between the major airport that is near the winner’s residence to West Yellowstone, Montana; five (5) nights’ hotel accommodations for the winner and his/her guests (up to three (3) room(s), double occupancy) (actual hotel(s) selected by Sponsor in its sole discretion); a customized tour for six (6) of Yellowstone National Park (actual tour selected in Sponsor’s sole discretion and will take place on one (1) day limited to 12 hours or less and cannot exceed $1500); a one thousand dollar $1000 cash award for expenses awarded to the winner only in the form of check; and a one thousand five hundred ($1500) cash stipend for additional ground transportation (e.g. rental car, etc.) awarded to the winner only, in the form of a check. The ARV of the Yellowstone National Park Vacation is $23,950. OR;

    • (c) Glacier Bay, Alaska National Park Vacation. The Glacier Bay National Park Vacation includes: round-trip coach airfare for the winner and up to five (5) travel guests between the major airport that is near the winner’s residence to Juneau, AK; six (6) air transfers from Juneau to Gustavus, AK; five (5) nights hotel accommodations for the winner and his/her guests (up to three (3) room(s), double occupancy) (actual hotel(s) selected by Sponsor in its sole discretion); a customized tour for six (6) of Glacier Bay National Park and (actual tour selected in Sponsor’s sole discretion and may be an air tour not to exceed $1500); and a one thousand dollar ($1000) cash award for expenses awarded to the winner only, in the form of check. The ARV of the Glacier Bay - Serene Waters Vacation is $29,000. OR;

    • (d) Virgin Islands National Park Vacation. The Virgin Islands National Park Vacation includes: round-trip coach airfare for the winner and up to five (5) travel guests between the major airport that is near the winner’s residence to St. Thomas; five (5) nights hotel accommodations for the winner and his/her guests (up to three (3) room(s), double occupancy) (actual hotel(s) selected by Sponsor in its sole discretion); ground transportation for six (6) between the hotel and airport in St. Thomas; ferry boat transportation for six (6) to/from the Virgin Islands National Park; a customized tour for six (6) of Paradise Flowers National Park and (actual tour selected in Sponsor’s sole discretion and not exceed $1500); and a one thousand dollar ($1000) cash award for expenses awarded to the winner only in the form of check. The ARV of the Virgin Islands - Paradise Flowers Vacation is $24,000.


    • Odds of winning the Prize depends on the total number of eligible Entries received during the Sweepstakes Period. If a 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 his/her travel guest. If the winner lives within 100 miles of the vacation destination they selected, air transportation (as applicable) 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 the 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. National Park vacations described above may have specific seasonal requirements, park or entrance closures and limited travel season(s). If a tour and/or any other prize component is cancelled or postponed or is not available during the time of the trip for whatever reason (e.g., weather conditions, cancellations, etc.), the tour and/or any other prize component portion of the prize (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Winner and each guest must present valid government issued ID to partake in the Prize and meet any other travel requirements of airline, tour and/or hotel (in Sponsor’s 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, rent a vehicle (if applicable), board a ferry or partake in any prize component. Winner and each guest are solely responsible for obtaining all necessary travel documents including passports and visas (if applicable). Prize and prize components cannot be combined/exchanged with any other offer. The ARV’s of the vacation prize options are furnished by the prize suppliers. Sponsor reserves the right to structure travel route in its sole discretion. If a winner elects to take trip without the allotted number of guests, components of the prize will be awarded in increments/quantities suitable for the actual number of travelers and winner will not receive any compensation or substitute/alternate prize or prize component for same. Winner must accept his/her chosen vacation prize with all listed prize components subject to the conditions indicated herein. 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) 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 prize restrictions/conditions may apply. Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates, season restrictions and all other prize and travel restrictions, as applicable. Winner and his/her guests must travel together on the same itinerary. All expenses associated with the receipt or use of the prize not specifically mentioned as being included (e.g., any requested upgrades), are excluded and are the winner’s sole responsibility including, but not limited to: taxes, unspecified air transfers, government fees, unspecified ground transportation, meals, tips, gratuities, hotel incidentals, excursions, unspecified 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, service charges, travel insurance premiums, baggage fees, or transportation between winner’s residence and the departure airport and other personal expenses. 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 the winner. Customs and import fees are the sole responsibility of the winner (if applicable). 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 prize or prize components, in Sweepstakes materials or otherwise, is for illustrative purposes only.


  5. DRAWING AND NOTIFICATION OF WINNER: One (1) prize winner will be randomly selected on or about April 11, 2012 by Sweepstakes administrator in Burbank, CA. Potential winner (or his/her parent/legal guardian if potential winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about the drawing date. If 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 an alternate potential winner will be selected in Sponsor's 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 prize notification documents are returned as undeliverable, such potential winner will be disqualified and an alternate potential winner will be selected in Sponsor’s sole discretion.


  6. GENERAL CONDITIONS: The Sweepstakes 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/Sweepstakes 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 Sweepstakes Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Sweepstakes, including but not limited to arising from the acceptance, possession, use, or misuse of the prize awarded, to release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Potential winner (or his/her parent/legal guardian if he/she is a Minor) will be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release, and a Publicity Release and any other documentation that the Sweepstakes administrator and/or Sponsor may require (collectively, “Affidavit/Release”) within five (5) days after receipt or potential winner may be disqualified. Each of the winner’s guests (or his/her parent/legal guardian if a guest resides in a jurisdiction that deems him/her to be a Minor), will be required to sign, execute, and return an original unmodified Liability Release and Publicity Release and any other documentation that Sponsor and/or Sweepstakes administrator requires (“Guest Release(s)”) within five (5) days after receipt by potential winner. If the potential winner fails to sign and return the Affidavit/Release within the required time period (as applicable above), such potential winner forfeits any prize eligibility and an alternate winner may be selected in Sponsor’s sole discretion. Winner will be provided a FedEx account number for the return of the documents. By returning a completed Affidavit/Release, winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If the winner is a Minor, prize may be awarded in the name of his/her parent/ legal guardian. If any guest is a Minor in his/her jurisdiction of residence, he/she must be accompanied on the trip by his/her parent or legal guardian, who must be either the winner or another guest of the winner. If a Canadian resident is selected as a 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 prize. If the selected Canadian potential winner cannot be reached within three (3) phone call attempts of first attempt to administer the skill testing question, he/she may be disqualified at Sponsor’s discretion. Official Rules will be posted at the Web Site during the Sweepstakes Period. If an entrant chooses to opt-in to receive communications from a participating Sweepstakes Entity, his/her Entry Information and/or Registration Information will be subject to that Sweepstakes Entity’s privacy policy and terms of service (if applicable), and such entrant agrees to receive additional email communication from that particular Sweepstakes Entity. Opting in to receive communications does not improve one’s chances of winning the prize. The privacy policy for any Sweepstakes Entity participating in an opt-in will be accessible from the Sweepstakes entry form. Any personal information supplied by entrants and/or winner(s) to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy and Terms of Use posted at http://disney.go.com/corporate/legal/terms.html. Except where prohibited by law or Sponsor’s Privacy Policy, a participant who submitted his/her Entry Information and/or the winner’s acceptance of the prize constitutes permission of such entrant or winners (or his/her parent/legal guardian if he/she is a Minor) for the Sweepstakes Entities to use winner’s name, address (city and state/province), 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 Site), now known or hereafter devised, in perpetuity throughout the universe without further compensation, in relation to the Sweepstakes or the prize(s) awarded. Sponsor has the right to modify, use, assign and/or dispose of Entries however they see 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, the Sweepstakes is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and instruct the Sweepstakes administrator to conduct the Sweepstakes drawing and award the prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Prize in a manner that is fair and equitable and notice of such will be posted on Sponsor’s Web Site. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules, or to be acting in an 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 Sweepstakes will be ineligible for the 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 the 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.


  7. DISCLAIMERS: 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 Sponsor and will not be returned. Winner releases Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing prizes for the winner due to reasons beyond Sponsor and/or Sweepstakes Entities control, and/or participation in this Sweepstakes from any and all liability/responsibility with respect to the prize and/or Sweepstakes (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; 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; promos, or elements of Sweepstakes 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 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 even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities (including but not limited to participation in any prize component) 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, (3) by any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities, and/or 4) cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of components of the prize for the winner and his/her guest due to reasons beyond Sponsors and/or Sweepstakes Entities control. Entrants 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.


  8. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (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. 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. 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 but in no event attorneys' fees; 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.


  9. RULES/WINNERS' LIST: To receive a copy of the Official Rules or the Official Winner’s Information, send a self-addressed stamped envelope to: Fun in the Fresh Air Sweepstakes “Rules” or “Winner Information” (specify which), P.O. Box 11353, Burbank, CA 91510. Official Winner Information available after April 11, 2012. All requests must be received by May 30, 2012.


  10. SPONSOR: Buena Vista Television LLC, 500 South Buena Vista, Burbank, CA 91521.


  11. SWEEPSTAKES ADMINISTRATOR: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of any Prize or prize component.

Official Rules ©2012 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.

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