LIVE's Spa Getaway Sweepstakes
NO PURCHASE NECESSARY.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND
POSSESSIONS, THE PROVINCE OF QUEBEC, CANADA
AND WHERE PROHIBITED BY LAW.
LIVE's Spa Getaway Sweepstakes ("Sweepstakes") begins on April 20, 2012 at 12:01 a.m. PT and ends on May 20, 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").
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"), Dove®, Unilever United States, 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.
- 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 take them to the entry page. Once on the entry page participants will be asked to complete and submit the entry form ("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), date of birth and email address ("Registration Information"). Limit one (1) Entry per person/per email address/per day during the Sweepstakes Period. Entries must be received by 11:59 p.m. PT on May 20, 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.
- Prize/Odds of Winning:
One (1) prize will be awarded. Winner will receive a trip to the Miraval Arizona Resort & Spa in Tucson, Arizona. Trip includes: round-trip coach airfare for the winner and one (1) guest between the major airport that is near the winner's residence and the airport in Tucson, AZ; six (6) nights hotel accommodations for the winner and his/her guest (single room/double occupancy) and resort provided ground transportation between the hotel and airport in Arizona. In addition, the Miraval is an inclusive resort that includes: luxury room accommodations, all meals, snacks and non-alcoholic beverages (alcohol not included), nightly resort credit of $150 per guest, unlimited participation in daily select activities, challenges and classes and a five hundred dollar ($500) cash stipend for additional spa services (awarded to the winner only) in the form of a check. Winner and guest will also have an opportunity to schedule a photography session at the resort with the option to submit their choice of photo to the Dove® Times Square Billboard. The approximate retail value ("ARV") of the prize is $11,440. Odds of winning the prize depends on the total number of eligible Entries received during the Sweepstakes Period. If 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. Travel guest must be 18 years of age or older as of the date of travel. Prize must be taken within one (1) year of notification of winning. If the winner lives within 100 miles of destination, 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. Winner and guest must present valid government issued ID to partake in the prize and meet any other travel requirements of airline and/or hotel (in Sponsor's sole discretion). Winner and/or his/her guest must have/present at least one major credit card in good standing in order to check into the hotel. Winner and 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. Sponsor reserves the right to structure travel route in its sole discretion. If a winner elects to take trip without a guest, winner will not receive any compensation or substitute/alternate prize or prize component for same. 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 guest 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, unspecified 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, 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.
- Drawing and Notification of Winner:
One (1) prize winner will be randomly selected on or about June 4, 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.
- 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 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; answer to Canadian time based mathematical skill testing question; 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.
- 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.
- Rules/Winners List:
To receive a copy of the Official Rules or the Official Winner's Information, send a self-addressed stamped envelope to: LIVE's Spa Getaway Sweepstakes "Rules" or "Winner's Information" (specify which), P.O. Box 6375, Burbank, CA 91510. Official Winner's Information available after June 4, 2012. All requests must be received by July 20, 2012.
Buena Vista Television, LLC, 500 South Buena Vista, Burbank, CA 91521.
- 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.