LIVE's 21 Day Challenge 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.
- Description: LIVE's 21 Day Challenge Sweepstakes ("Sweepstakes") begins on February 4, 2013 at 12:01 a.m. ET and ends on March 1, 2013 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").
- Eligibility: 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), 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 which consists of first name, last name, complete home address (including street address, city, state/province and zip code/postal code), email address and daytime telephone number. ("Entry Information") to receive one (1) entry into the Sweepstakes ("Entry"). 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 participant's 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 March 1, 2013. 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 participant's 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.
- Prizes/Odds of Winning: Ten (10) prizes will be awarded: Each prize winner will receive a cash award of one hundred dollars ($100) awarded in the form of a Gift Card (actual Gift Card selected in Sponsor's sole discretion) and a twenty one (21) day supply of Listerine® consisting of: two (2) bottles of Listerine® Mouthwash; one (1) Reach Total Care Whitening Dental Floss; one (1) box of Rembrandt® Intense Stain® Stain Dissolving Strips; and one (1) Rembrandt® Deeply White® 2 Hour Whitening Kit ("Prize"). The total Approximate Retail Value ("ARV") of each Prize is: $140.00. Total ARV of all Prizes: $1,400.00. Odds of winning a Prize depends on the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) Prize per person/family/household for the entire Sweepstakes Period. All Prize products listed above are selected and determined in Sponsor's sole discretion. Monetary values are expressed herein are U.S. dollars ("USD"). Gift Card(s) cannot be sold, reproduced, exchanged, transferred or redeemed for cash and are valid in the U.S. and Canada (excluding Quebec) only. Lost or stolen Gift Card(s) will not be replaced. Gift Card(s) is subject to terms and conditions of its issuer. Additional Prize restrictions/conditions may apply. Gift Card(s) cannot be combined with any other offer. All other costs associated with accepting, redeeming and using the prize (including but not limited to overages and taxes if applicable) are the sole responsibility of each winner. All expenses associated with the receipt or use of the Prize not specifically mentioned as being included (e.g.any requested upgrades/options and customs fees if a winner is a resident of Canada excluding Quebec) are excluded and are each winner's sole responsibility. Prize(s) is not transferable. No transfer, substitution or cash equivalent for the Prize(s) will be available, however, Sponsor in its sole discretion may choose to substitute a Prize or Prize component of equal or greater value due to Prize or Prize component unavailability or for any other reason. Sponsor reserves the right, in its sole discretion, to replace any product with a newer product 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. Prize and Prize components cannot be combined/exchanged with any other offer. Additional Prize restrictions/conditions may apply. Prize(s) and prize notifications 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. Any depiction of the 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 winners will be randomly selected from all eligible Entries received in a drawing to be held on or about March 11, 2013 ("Drawing Date") in Burbank, CA by the Sweepstakes administrator, an independent compliance organization. Potential winners (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 a potential winner cannot be reached after three (3) phone call attempts within a forty-eight (48) hour period, such potential winner(s) will be disqualified and an alternate potential winner(s) will be selected in 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 or requirements are incomplete, or returned as undeliverable, such potential winner(s) will be disqualified and an alternate potential winner will be selected in Sponsor's 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 a Prize.
- 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 the Sponsor and will not be returned. The winners 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 Prize (or Prize component) from any and all liability/responsibility with respect to a 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 a 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 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 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 Prize(s) 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 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 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). Participants agree that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each participant 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 participants be permitted to obtain attorneys' fees, other legal costs and/or be entitled to awards. Participants hereby waive 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 Winners' List, send a self-addressed stamped envelope to: LIVE's 21 Day Challenge Sweepstakes "Rules" or "Winners' List" (specify which), P.O. Box 6493, Burbank, CA 91510. Official Winners' List will be available after March 11, 2013. All requests must be received by May 1, 2013.
- Sweepstakes Administrator:
Official Rules ©2013 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.