LIVE's Gift Week Giveaway
OFFICIAL RULES
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.
  1. Description: Live's Gift Week Giveaway: ("Sweepstakes") begins on December 9, 2010 at 7:01 am Pacific Time ("PT") and ends on December 17, 2010 at 11:59 pm (PT) ("Sweepstakes Period"). On Thursday, December 9, 2010 and Friday, December 10, 2010, the hosts of Live! with Regis and Kelly ("Show") will announce the prizes on the Show that will be awarded for this Sweepstakes ("Prize Announcements"). Sponsor's computer shall be the official clock for purposes of the Sweepstakes. For purposes of this Sweepstakes, all times refer to PT.

  2. Eligibility: 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., Washington D.C. (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) and Canada (excluding Quebec) who are physically located and legally residing 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 ("Sponsor"), American Broadcasting Company, Inc., WABC-TV, Live! with Regis and Kelly, Disney*ABC Domestic Television, Sweepstakes administrator, participating stations, stations airing the Show, and their respective advertising and promotion agencies, 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.liveregisandkelly.com ("Web Site") and select the Sweepstakes icon or image, which will open the Sweepstakes entry page. Registered participants must first login by entering his/her member name and password, then follow the online instructions to "submit" his/her entry information ("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 the following: first and last name, complete home address (including street address, city, state/province and zip code), date of birth, and email address ("Registration Information"). Entries must be received December 17, 2010 at 11:59 pm (PT). There is no fee to register. If a prospective participant is already registered with Disney*ABC Domestic Television through any of its family of sites no new registration is required. Disney*ABC Domestic Television's family of sites includes Disney.com, ABC.com, ABCNEWS.com, ESPN.com and FamilyFun.com. Limit one (1) Entry per email address/per day during the Sweepstakes Period. Entries by the same person in excess of the limits stated herein will be disqualified. Once an email address or a member name has been registered by a participant that email address or member name cannot be used by any other person at the Web Site. Only the participant registered under a particular email address on the Web Site (or other related web sites as described above) may participate in the Sweepstakes. Only the entrant registered under a particular email address with the Web Site may participate in the Sweepstakes and he/she must be deemed the person who physically completed the act of entering. Once an email address or a user ID has been registered by a participant, that email address or user ID may not be used by any other person at the Web Site.

  4. Prize/Odds of Winning: Two (2) Prizes will be awarded: One (1) winner will receive a gift card prize as announced on the Show on Thursday, December 9, 2010 ("Gift Card Prize"). One (1) winner will receive a merchandise prize as announced on the Show on Friday, December 10, 2010 ("Merchandise Prize"). (Approximate Retail Value ("ARV") of Gift Card Prize and the Merchandise Prize (collectively "Prizes") from $100 to $500 USD each). Odds of winning a Prize depends on the total number of eligible Entries received. Exact gift card or merchandise item to be awarded to be determined at Sponsor's sole discretion. No substitution or cash equivalent for a Prize or Prize component, except at Sponsor's sole discretion, due to Prize or Prize component unavailability for any reason, and only then for a Prize 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. Gift Card may not be returned, redeemed or exchanged for cash and is subject to stated terms and conditions. Thursday Gift Card Prize winner is responsible for following any activation instructions provided by the prize supplier. Any depiction of Prize(s) or Prize components are for illustrative purposes only. Prize(s) cannot be combined/exchanged with any other offer. The ARV of the Prize(s) is furnished by the prize suppliers. Prize restrictions/conditions may apply. No transfer of any Prize or Prize component permitted. All expenses not specifically mentioned as being included are excluded. Prize notification and documentation (if applicable) will be shipped to U.S. and Canadian (excluding Quebec) addresses only. All federal, state, provincial other taxes and/or import fees are the sole responsibility of each winner.

  5. Drawing and Notification of Winners: Potential winners will be randomly selected from all eligible Entries received in a drawing to be held on or about December 23, 2010 ("Drawing Date") in Burbank, CA by Sweepstakes administrator, an independent compliance organization. Potential winners will be notified by telephone within one (1) day following the Drawing Date. If a potential winner cannot be reached after three (3) phone call attempts within a twenty-four (24) hour period, such potential winner(s) will be disqualified, and an alternate potential winner(s) will be selected at Sponsors' 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 or Prize notification documents are returned as undeliverable, potential winner(s) will be disqualified, and an alternate potential winner will be selected at Sponsor's sole discretion. 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 a prize.

  6. General Conditions: The Sweepstakes is subject to all applicable federal, state, provincial and local, 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 or misuse of the Prize(s) awarded and to release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Entrants agree that Sponsor has not made nor are in any manner responsible for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose) in fact or in law, relative to the Sweepstakes or the Prize(s) awarded herein including express warranties provided exclusively by a prize supplier that are sent along with the Prize(s). Potential winners may be required to complete a Publicity Release and any other documentation that the Sweepstakes administrator and/or Sponsor may require within five (5) days after receipt or potential winner(s) may be disqualified. If a potential winner fails to sign and return the documentation within the required time period (as applicable above), such potential winner forfeits any Prize eligibility whether or not, his/her name may have been shown/announced on air or on the Web Site and an alternate winner will be selected. Winner(s) will be provided a FedEx account number for the return of all the documents. Official Rules will be posted at the Web Site during the Sweepstakes Period. Any personal information supplied by entrants and/or winner(s) to Show or its affiliates will be subject to Show's Privacy Policies and Terms of Use posted at http://www.liveregisandkelly.com. Except where prohibited by law or Show's Privacy Policies, Entry and/or acceptance of a Prize constitutes permission for the Sweepstakes Entities to use each winner's name, address (city and state/province), photograph, likeness, biographical information, statements, and voice for advertising/publicity purposes worldwide on and in connection with Show 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 connection with Show, the Sweepstakes or the Prize(s) awarded. Sponsor has the right to modify, use, assign and/or dispose of Entries however they sees 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, Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify Sweepstakes or any portion(s) thereof and instruct the Sweepstakes administrator to conduct the drawing and award the Prize(s) from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Prize(s) in a manner that is fair and equitable. Sponsor reserves the right, at their 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 a non-sportsmanlike 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 a 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 a winning Entry online, 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 e-mail address by an internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules and, at 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, 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, mechanically duplicated, or otherwise not in compliance with these Official Rules such Entries will be disqualified. Once submitted, Entries become the sole property of Sponsor and will not be returned. Each winner shall release Sweepstakes Entities from any and all liability/responsibility with respect to all Prize and/or Sweepstakes (including any property loss, damage, personal injury, or death). Each winner releases Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing Prize(s) for the winners 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(s) and/or Sweepstakes (including any property loss, damage, personal injury, or death) and/or Sweepstakes (including any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; answers to Canadian Mathematical skill testing question, human error; incorrect or inaccurate transcription of Entry information; acceptance/possession, use/misuse, and/or defects of the Prize(s) awarded herein; including but not limited to any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes, Web Site or 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, interruptions, defects or any other errors or malfunctions, promos, or elements of 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 Sponsor or their parents, subsidiaries and affiliated companies. Sponsor may choose, at its sole discretion, to cancel, modify or suspend Sweepstakes, or any portion thereof and conduct the drawing and award the Prizes from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor. 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. 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(s) (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 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 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 Winners' List, send a self-addressed stamped envelope to: Live's Gift Week Giveaway "Rules" or "Winners" (specify which), P.O. Box 6493 Burbank, CA 91510. Official Winners List available after December 28, 2011. All requests must be received by February 17, 2011.

  10. Sponsor: Buena Vista Television, 500 South Buena Vista Street, Burbank, CA 91521.

  11. Sweepstakes administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of the Prize(s).

    Official Rules ©2010 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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