LIVE’s Work Out Selfie Contest and Sweepstakes
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. Promotion Overview: LIVE’s Work Out Selfie Contest and Sweepstakes ("Promotion") begins on March 31, 2014 at 9:00 a.m. Eastern Time (“ET”) and ends on April 10, 2014 at 12:00 noon ET (“Promotion Period”). The Promotion consists of: 1) a skill based competition whereby an entrant will submit a photo of himself or herself (“Selfie”) and the option of including a family member or another person that the Entrant personally knows in the photo (“Usie”) containing his/her favorite “workout” photo to be judged for an opportunity to win the grand prize (“Contest”) more fully described below; and 2) a series of four (4) individual non-connected sweepstakes whereby a total of eighty (80) winners will be selected by random in a series of drawings for a chance to win a Planet Fitness Gym Membership prize (“Individual Sweepstakes”). See the drawing chart below in section 3 for each Individual Sweepstakes entry period. For the Contest, the Sponsor will review all Contest entries that meet the eligibility criteria (described in section 2 below) as well as the photo requirements and post eligible Entries on the Contest Gallery located at: http://livekellyandmichael.dadt.com/fitspot/selfiegallery (“Contest Gallery”) until April 9, 2014 at 12:00 p.m. On an ongoing basis starting on March 31, 2014 at10:00 a.m. Eastern Time and ending on or about April 9, 2013 at 1:00 p.m. ET, the Sponsor or Sponsors designee(s) will judge all eligible entries and determine twenty (20) finalists based on the judging criteria stated in section 5 who will be posted on the Contest Gallery for online public voting phase. Starting on April 10, 2014 at 10:00 a.m. ET until 11:59 p.m. ET the same day ("Public Voting Period") the general public will have an opportunity to vote for his/her favorite finalist based on the judging criteria stated below in section 5. For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
2. Eligibility: The Promotion is only open 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., the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein. Entrants may opt to enter via Facebook; however, the Promotion is in no way sponsored, endorsed, administered by or associated with Facebook and Facebook is completely released of all liability by each entrant in this Promotion. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. If an entrant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska in the U.S., or residents of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada under 19 years of age; or residents of Mississippi who are between 18-21 years of age) (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Contest, Individual Sweepstakes and/or submitting any personally identifiable information. 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 of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Company, Inc., WABC-TV, Live with Kelly and Michael (“Show”), Disney *ABC Domestic Television, Promotion administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Contest and Sweepstakes (collectively "Promotion Entities") and/or members of their immediate families (spouses, children, siblings, parents, domestic partner) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Promotion.
4. Entrant Photo Agreement and Photo Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Promotion and no purchase of any equipment is required. Entrant (and/or a contributor as defined below) must not be a professional photographer. Each Entrant and Entrant’s Photo must adhere to the following guidelines and requirements:
a. Photo must be in either a .JPG, .JPEG, .PNG or .GIF file. b. Photo must not exceed 1 MB. c. Photo must be wholly original, be the Entrant’s own creation and Entrant warrants that he/she has secured all necessary rights relating to its use and the use of the content and/or Subject in the Photo. d. Photo cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person. e. Photo must not have been previously entered in any competition or contest or won any award prior to submission in this Contest and Photo must not have been previously published, performed or otherwise exhibited. f. Photo must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion. g. Photo must not include materials (language, phrases, quotations, trademarks, artwork, or products or brand names not owned or licensed by the Sponsor or its affiliates) etc.), belonging to or copyrighted by third parties. h. Photo should not include logos not owned or licensed by the Sponsor or its affiliates that belong to or are copyrighted by third parties; however Sponsor in its sole discretion reserves the right to modify or shade out any such logos if the Entry is otherwise eligible. i. Photo must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. j. Photo must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities. k. Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof. l. Photo must not include obscenities or other objectionable material that defames or invades the publicity or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party's personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion. m. Entrant represents and warrants that he/she has obtained permission of each Subject or participant and the contribution of each and every person who has contributed to (e.g. non-professional photographer) the Photo and that each Contributor has granted the Entrant the rights described in these Official Rules. In the event that any Contributor is deemed to be a Minor, Entrant warrants and represents that he/she is the parent/legal guardian of such Minor and as such granted his/her permission for said Minor to participate in the Photo and permits the use of such Minor’s name, likeness, biography, actions and contributions. All legal responsibilities under these rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian. Furthermore, any Entrant who is selected as a potential winner will provide the Sponsor with signed releases from each and every Contributor (if Contributor is a Minor, his/her parent/legal guardian will provide the signed release on Minor’s behalf) granting these rights (each a, “Contributor Release”) within the time specified by the Sponsor.
Sponsor has the right to disqualify any Photo and subsequently any Entrant’s Entry that does not adhere to the above criteria, that is not reasonably pertinent to the judging criteria (described in section 5 below) or is otherwise in violation of these Official Rules as determined by Sponsor in its sole and absolute discretion.
PHOTOS POSTED ON THE ONLINE GALLERY REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR OR FACEBOOK IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, MODERATING, SCREENING OR REVIEWING OF ENTRIES PRIOR TO POSTING/PUBLICATION OF THEM SPONSOR RESERVES THE RIGHT NOT TO POST AND MAY DISQUALIFY ANY PHOTO THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES OR DOES NOT ADHERE TO THE ABOVE CRITERIA, IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 5 AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Contest Judging: There are two (2) stages to the Contest: finalist judging and online public voting.
a. Judging: Weekdays beginning on or about March 31, 2014 at 10:00 a.m. ET and continuing until on or about 1:00 p.m. ET on April 9, 2014 (“Judging Period”), all eligible Contest Entries will be judged by Sponsor and/or its representatives. On or about 2:00 p.m. on April 9, 2014, up to twenty (20) highest scoring Entries based on the judging criteria listed below will be deemed the finalists subject to verification of eligibility and compliance with the Official Rules (“Finalists”). Photos will be judged based upon the following criteria: 1) Creativity (40%); 2) Originality (30%); and 3) Composition (20%) (“Judging Criteria”). Each Photo will receive a score based on the Judging Criteria for a maximum of up to ninety (90) points. In the event of a tie, the Entrant whose Photo receives the higher score for "Creativity” will be declared a Finalist. In the event of a further tie, the Entrant whose Photo receives the higher score for "Originality” will be declared a Finalist. In the event of a further tie, the Entrant whose Photo receives the higher score for "Composition" will be declared a Finalist. In the event of a further tie, Sponsor in its sole discretion shall choose a Finalist based on an evaluation of which Photo is superior overall taking all categories into consideration. Sponsor and/or its representatives reserve the right, in its sole discretion, to select fewer than twenty (20) Finalists or no Finalists if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
b. Public Voting and Contest Winner Determination: On or about 10:00 a.m. on April 10, 2014 and continuing until 11:59 p.m. that same day, each Finalist will have his/her Photo, first name, caption and city/state/province posted on the Contest Gallery located at http://livekellyandmichael.dadt.com/fitspot/selfiegallery in order for members of the general public to vote ("Voters") based on the Judging Criteria described in Section 3.a., and otherwise in accordance with these Official Rules (“Public Voting”). Voters must be eighteen (18) years or older as of April 10, 2014 and a current legal resident of one of the fifty (50) states of the U.S., D.C. or Canada (excluding Quebec). VOTERS ARE STRICTLY PROHIBITED FROM VOTING BASED ON THE FOLLOWING: RACE, GENDER, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS, DISABILITY, MEDICAL CONDITION, SEXUAL ORIENTATION, CITIZENSHIP OR ANY OTHER BASIS PROTECTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE OR REGULATION. If it is brought to the attention of Sponsor that a Voter has voted using any criteria other than the Judging Criteria, has used any kind of script, vote rigging, voter exchanges, multiple accounts or otherwise in violation of these Official Rules, his/her vote(s) will be disqualified. Limit one (1) vote per hour throughout the Public Voting Period for a maximum of fifteen (15) votes/per person/per email address during the Voting Period. Each potential Finalist may vote for his/her own Photo. All votes must be received by 11:59 p.m. on April 10, 2014 to be counted. Any attempted form of voting other than as described herein shall be null and void. The Finalist who receives the most votes during the Public Voting Period based on the Judging Criteria will be deemed the grand prize winner of the Contest (subject to verification of winning accordance to these Official Rules). In the event of a tie, Sponsor and/or its representatives shall choose the grand prize winner of the Contest based on an evaluation of which Photo is superior overall taking all Judging Criteria categories into consideration.
6. Drawing of Individual Sweepstakes winners: Eighty (80) potential Sweepstakes winners (twenty (20) winners per drawing) will be randomly selected in a series of drawings from all eligible Entries received for that particular Individual Sweepstakes drawing conducted by the Promotion administrator, an independent compliance organization located in Burbank, CA on or about three (3) business days after each Individual Sweepstakes Period. Non-winning Entries will not be retained for subsequent Individual Sweepstakes drawings. The last Individual Sweepstakes drawing will be conducted on or about April 14, 2014.
7. Notification of winners: Contest 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 April 11, 2014. If the potential Contest winner cannot be reached after five (5) phone call attempts within a three (3) day period, such potential Contest winner will be disqualified and the next highest scoring Finalist will be selected as an alternate winner for the Contest. Potential Sweepstakes prize 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 three (3) business days after each drawing date. If a potential Sweepstakes winner cannot be reached after three (3) phone call attempts within a three (3) day period, such potential Sweepstakes winner will be disqualified and an alternate potential Sweepstakes winner will be selected in Sponsor’s sole discretion for a given Individual Sweepstakes. If any potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her notifications, documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and an alternate potential winner will be selected as applicable for either the Sweepstakes or the Contest (in Sponsor’s sole discretion). If a Sweepstakes winner is a Canadian resident, the/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 Sweepstakes prize.
8. Prizes/Odds of winning: Eighty (80) Sweepstakes prizes will be awarded (twenty (20) per Individual Sweepstakes drawing): Each Sweepstakes winner will receive one (1) Planet Fitness Black Card Gym Membership for valid for one (1) year (a $250 dollar value). Approximate Retail Value (“ARV”) of each Individual Sweepstakes prize: $250.00 USD (“Sweepstakes Prize”). Odds of winning a Sweepstakes Prize depends on the total number of eligible Entries received up until that particular Individual Drawing. Limit one (1) Sweepstakes Prize per person.
Twenty (20) Finalist prizes will be awarded in the Contest. Each Finalist will receive one (1) Planet Fitness Black Card Gym Membership for valid for one (1) year (a $250 dollar value) and a two hundred dollar ($200) cash prize awarded in the form of a check. Approximate Retail Value (“ARV”) of each Finalist prize: $450.00 USD (“Finalist Prize”).
One (1) Grand Prize will be awarded in the Contest: Contest winner will receive a 5-night/6-day stay trip for two (2) to Canyon Ranch Resort in Tucson, Arizona. Trip includes: roundtrip coach class air transportation for winner and his/her guest from a major commercial airport near winner ’s residence to Tucson, Arizona (actual departure and destination airports to be determined in Sponsor’s sole discretion); five (5) nights all-inclusive* hotel accommodations (one (1) room/double occupancy); Ground transportation to/from the resort and Tucson International Airport; a four hundred and thirty five dollar ($435) “Resort Credit” awarded to both the winner and his/her guest to be used for select Resort activities and treatments (not to exceed eight hundred seventy dollars ($870) for two people) and can include activities not provided in the all-inclusive package (e.g. spa treatments, sports & integrative wellness services; skin care & beauty services; massages; personal training sessions; unspecified consultations & workshops in nutrition; preventive medicine; movement therapy and more); and a one thousand dollar ($1,000) cash award for travel expenses (awarded to the Grand prize winner only in the form of check) (“Grand Prize”). The total ARV of the Grand Prize: $12,920 USD. *The all-inclusive Resort package includes three (3) meals a day and healthy snacks; a health and fitness assessment reviewed by a nurse educator; a personal Program Advisor to help custom-design the winner and guest’s stay; option to sign up for the daily selection of wellness presentations, workshops and cooking demonstrations; as well as the use of the resort facilities that include: pools, tennis, sports courts, fitness options, yoga classes, meditation classes, hiking and biking tours. In addition, a Resort amenities fee is also covered by the prize supplier and any portion of it does not represent a tip, gratuity, or service charge for wait staff employees, service employees or any other employee at Canyon Ranch. Canyon Ranch is a no-tipping Resort. All monetary values are expressed herein are U.S. dollars (“USD”). Winner will be contacted prior to his/her arrival to the Resort to begin booking services. Once checked-in, winner and guest will receive an itinerary noting the activities winner and guest have booked and the cost of those services subtracted from the Resort Credit (services can also be booked on-property). When checking out, the cost of the services received are subtracted from the Resort Credit and any services that exceed the Resort Credit will be the responsibility of the winner and his/her guest as applicable. If the winner and/or guest do not use their entire Resort Credit during their stay at the Resort, no balance will be refunded. If the Contest winner elects to take trip without a guest, winner will not receive any compensation or substitute/alternate Grand Prize or prize component for the same. If the Contest 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 the travel guest. If the winner’s guest 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 Contest winner. In the event that a prize component is not available during the time of trip for whatever reason (e.g., weather conditions), then remaining elements of the trip shall constitute full satisfaction of Sponsor’s prize obligation to Contest winner and no additional compensation will be awarded. Contest winner and guest are solely responsible for obtaining all necessary travel documents. Contest winner and guest must present valid government issued IDs to partake in the Grand Prize and/or meet any other travel and attendance requirements of the airline and/or hotel/Resort (in Sponsor’s sole discretion). Contest winner and/or his/her guest must have/present at least one major credit card in good standing in order to check into the Resort. If the Contest winner is a resident of Canada, winner and guest (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 Contest winner lives within one hundred (100) miles of Tucson, Arizona, 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 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. Sponsor reserves the right to select air carrier, hotel and structure the travel route in its sole discretion. Contest winner and guest must travel together on the same itinerary and all trip components must be taken together on the same trip. 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 Contest winner. Grand Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates 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 Contest winner’s sole responsibility including, but not limited to: taxes, government fees, service charges, 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 Contest winner and/or guest from partaking in the Grand Prize. If for any reason whatsoever, the Contest 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 Contest winner or guest are unable to take scheduled trip by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor’s control. Grand Prize, prize components and/or Sweepstakes Prizes cannot be combined/exchanged with any other offer. Sponsor may, in its sole discretion choose to substitute a prize (or prize component) of equal or greater value due to prize unavailability or for any other reason. 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. Prize notifications, shipments, documentation, tickets and trip itinerary (as applicable) will be shipped to U.S., D.C. or Canada (excluding Quebec) addresses only. All federal, state/provincial, and/or other taxes are the sole responsibility of each winner. Contest winner will receive an IRS Form 1099 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 a prize or prize components, in Sweepstakes, Contest or Promotion materials or otherwise, is for illustrative purposes only. Promotion Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the prizing. Promotion Entities and, its parent, related, affiliated and subsidiary companies and their respective officers, directors agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or in any way related to a prize, the receipt, use and/or enjoyment of a prize and/or the Promotion. Final eligibility for the award of a prize is subject to eligibility verification as set forth below. Additionally, by accepting the Grand Prize and participating in any optional prize components (including but not limited to: resort activities; skin care & beauty services; massages; personal training sessions; consultations; nutrition; preventive medicine; movement therapy; treatments; workshops; seminars, and more), winner and his/her guest acknowledge that there is inherent risk associated with said “Activities” during the trip. By partaking in the gym membership Sweepstakes Prize as well as the Grand Prize and prize components, each winner (and guest as applicable) have consulted with his/her primary health care provider and are in both good physical condition and also good mental health in order to partake in the Activities provided as part of their prize options.
10. Rights in Submissions: In consideration of each Entrant’s Entry (and Photo) being reviewed and evaluated for this Promotion, each Entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, royalty-free, universal, worldwide, perpetual license to use, copy, edit, sublicense, transmit, distribute, publicly perform, publish, delete or display such Entries (and Photo), or any portion thereof, in any media now known or hereafter devised, for any purpose whatsoever (including without limitation commercial purposes) without any further right of approval. Each Entrant represents and warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of his/her Entry (and/or Photo) will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, anywhere in the world. Each Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Photo. Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, his/her Entry (and Photo) submitted to Sponsor, and to make derivative works from such material. Each Entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Promotion Entities and their assignees and licensees shall have no obligations whatsoever to Entrant. Each Entrant and each winner agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in his/her Entry (and Photo) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights). Each Entrant releases the Promotion Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant also grants to the Promotion Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use Entrant’s and each Contributor/Subject’s name, image and likeness, biographical information, statement, voice, Entry and Photo for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including posting on the Website) worldwide in perpetuity, unless prohibited by law. In addition, the Sponsor may opt to select some Photos entered in the Promotion to be broadcast on the Show and will require a signed “On Air Release” prior to such usage. Entrants whose Photos were selected for broadcast are not considered a Finalist or a potential prize winner and his/her Entry has no advantage over any other. Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entry(s) (including Photo(s)) however it sees fit and for any purpose without any notice or compensation to Entrant, Subject, Contributor 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 player’s parent/legal guardian. Official Rules will be posted at the Websites during the Promotion and Voting Periods.
11. Disclaimers: Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries (including Photos) that are illegible, late, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Contest, each Entrant agrees and acknowledges that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; disputes over who is the Entrant and/or Subject in any Entry, acceptance/possession, use/misuse, and/or defects of the Grand Prize awarded herein; typographical errors in the Contest promotional material; or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Facebook, the Websites, Banners, or any online service via the internet due to hardware or software compatibility problems; any damage to a Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor’s and/or Contest Entities’ control and/or any other errors or malfunctions even if caused by the negligence of one of the Contest Entities. Contest Entities assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Photo or Entry Information, or downloading an APP, materials and/or software in connection with this Contest. Contest 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 the prize supplier 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 the Sponsor or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. The failure of the 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.
12. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Promotion, (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, 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(s) 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). Each Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each 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 Promotion but in no event attorneys' fees; and, under no circumstances, will a player be entitled to awards for and player 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.
13. Rules/Winners’ List: To receive a copy of the Official Rules or a Winners’ List, send a self-addressed stamped envelope to: LIVE’s Work Out Selfie Contest and Sweepstakes (“Rules” or “Winners” (specify which), P.O. Box 6611, Burbank, CA 91510. Winners’ List available after April 14, 2013. All requests must be received by June 9, 2014.
14. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
15. Promotion administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Promotion administrator is not the supplier or guarantor of any prizes.
©2014 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.