Buena Vista Television – Live Kelly and Ryan – Live’s Homemade Halloween Costume – Win 1 of 2 Amazon Gift Cards valued at $5,000 each OR 1 of 6 trips to New York
LIVE’s Homemade Halloween Costume Contest
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.
1. Contest Overview: The LIVE’s Homemade Halloween Costume Contest (“Contest”) begins on October 9, 2017 at 9:00 a.m. Eastern Time (“ET”) and ends on October 20, 2017 at 12:00 noon ET (“Entry Period”). The Contest consists of a skill based competition whereby an entrant will submit a photo of himself/herself depicting his/her Halloween costume that he/she created resulting in either a “Homemade” costume or a “Boxtume” costume made out of boxes (each a “Category”). Three winning (3) finalists from both Categories (each a “Finalist”) will win a trip to New York, N.Y. to attend a taping of the LIVE with Kelly and Ryan Show (“Show”). All six (6) Finalists (three (3) per Category) will be subject to online public voting (as more fully described in section 6) which will determine the two (2) grand prize winners (each a “Grand Prize Winner”). For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
2. Eligibility: The Contest is only open to persons 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) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein, and who are eighteen (18) years of age or older as of the date of entry. 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 Companies, Inc., WABC-TV, Show, Disney *ABC Domestic Television, Enteractive Solutions Group, Inc. (“Contest Administrator”), Amazon.com, Inc., participating stations, stations airing the Show, 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 (collectively “Contest Entities”) and/or members of their immediate families (i.e. a spouse, domestic partner, child, sibling, parent) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
4. Entry/Material Agreement and Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of any camera equipment is required. The Entrant (and/or a Contributor) must not be a professional photographer. For purposes of this Contest, a professional is an individual who receives payment for his/her photography services. Each Entrant and his/her Entry/Photo (collectively “Material”) must adhere to the following guidelines and requirements:
a. The Homemade or Boxtume Halloween costume depicted in the Photo must be the Entrant’s own original ‘creation’.
b. The Photo submitted depicting the Entrant’s Homemade or Boxtume Halloween costume must not exceed 2 MB and must be in one (1) of the following formats: .JPG, .JPEG, .PNG or .GIF file.
c. The Photo submitted must be wholly original and the Entrant’s own creation, and each Entrant warrants that he/she has secured all necessary rights relating to the use of the Photo and/or a Contributor(s) (if applicable).
d. The Photo must not contain the first name, last name, phone number(s), address, website, email address, and/or any other personal information of the Entrant (or any other person).
e. No Entry from a group or organization is accepted.
f. The Photo must not have been previously entered in any competition or contest; won any award prior to submission in this Contest; and must not have been previously published, or otherwise exhibited.
g. The Photo must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually-explicit, threatening, abusive, harassing, hateful, discriminatory, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
h. The Photo must not include language, phrases, quotations, hashtags, trademarks, logos, artwork, products or brand names (not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties. However, Sponsor (in its sole discretion) reserves the right to modify or shade out any such representations if the Entry is otherwise eligible.
i. The Photo must not contain any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.
j. The Photo must not contain any elements that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (c) encourages or provides instructional information about illegal activities; or (d) encourages acts of violence or dangerous stunts/behavior.
k. The Photo must not disparage the goodwill or business reputation of the Sponsor.
l. The Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms or any description or representation thereof.
m. The 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.
n. If an Entrant’s family member or another person that the Entrant personally knows appears in the Photo or has contributed to the Photo, the Entrant must obtain permission from each Contributor for his/her “likeness” and/or “Contribution” to be used.
o. If a Minor is a Contributor to the Photo (or is under the age of eighteen (18) in the remaining forty-seven (47) states in the U.S. or the remaining provinces/territories in Canada), the Entrant must be the age of majority and the Minor’s parent or legal guardian.
p. All legal responsibilities under these Official Rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian.
The Sponsor has the right to disqualify any Entrant’s Entry and Material that does not adhere to the above requirements, 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 the Sponsor in its sole and absolute discretion.
ANY MATERIAL POSTED ON THE WEBSITES OR BROADCAST ON THE AIR REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF THE MATERIAL SUBMITTED. SPONSOR MAY REVIEW/EDIT THE MATERIAL PRIOR TO USING ANY PORTION THEREOF ON THE WEBSITES AND/OR BROADCASTING ON-AIR. SPONSOR RESERVES THE RIGHT NOT TO POST OR BROADCAST ANY MATERIAL SUBMITTED. POSTING OR BROADCASTING THE MATERIAL HAS NO IMPACT ON JUDGING.
5. Finalist Judging: On weekdays beginning on or about October 9, 2017 at 10:00 a.m. ET and continuing until on or about October 20, 2017 at 1:00 p.m. ET during business hours (“Judging Period”), all eligible Photos in each applicable Category will be judged by representatives of the Show (“Judges”) whose decisions are final and binding in all respects. Each individual eligible Photo will be judged according to the following judging criteria and scoring system for each Category: 1) Creativity (25%); 2) Appearance (25%); 3) Originality (25%); and Over-all Appeal (25%) (collectively “Judging Criteria”). Each Photo will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. Up to three (3) highest scoring Entries in each Category will be deemed the Finalists subject to written verification of eligibility and compliance with these Official Rules. In the event of a tie, the Entrant whose Photo received the higher score for “Creativity” will be declared a potential Finalist in the applicable Category. In the event of a further tie, the Entrant whose Photo received the higher score for “Appearance” will be declared a potential Finalist in the applicable Category. In the event of a further tie, the Entrant whose Photo received the higher score for “Originality” will be declared a potential Finalist in the applicable Category. In the event of a further tie, Sponsor in its sole discretion shall choose Finalist(s) based on an evaluation of which Photo is superior overall taking all Judging Criteria into consideration. Judges have the right, in their sole discretion, to select fewer than three (3) Finalists in each Category based on an insufficient number of eligible Entries received.
6. Grand Prize Winner Determination/Public Voting: Starting on October 25, 2017 at 9:00 a.m. ET to October 31, 2017 at 5:00 p.m. ET (“Public Voting Period”), up to three (3) Finalist Photos will be posted online for both Categories for public voting by the general public (“Voter(s)”). Each Voter can vote based on the Judging Criteria for one (1) Finalist Photo per Category (“Vote(s)”) on the Show’s Website, Facebook page, Instagram site, and/or the Show’s Twitter site (see chart below) (“Public Voting”). 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, PROVINCIAL, OR LOCAL LAW, ORDINANCE OR REGULATION. Voters must be thirteen (13) years of age or older as of October 25, 2017 and current legal residents of one (1) of the fifty (50) states of the U.S., D.C., or Canada (excluding Quebec).
# URL to Visit Action to Vote per Category
1 KellyandRyan.com (click on “Vote” for your favorite Photo)
2 Facebook.com/LIVEKellyandRyan (“Like” your favorite Photo)
3 Instagram.com/LiveKellyandRyan (“Like” your favorite Photo)
4 Twitter.com/LIVEKellyRyan (click ♥ to “Like” your favorite Photo)
Public Voting will count for 100% of the total score for each Finalist. Sponsor’s tracking and reporting system will account and log the Public Voting score for each Finalist. Each potential Finalist may Vote for his/her own Entry. If it is brought to the attention of Sponsor that a Finalist or a Voter has voted using any kind of script, vote rigging, voter exchanges, vote-buying, multiple accounts, repeat re-Tweets, Sharing, or Favoriting from any other platform or posts other than one (1) of the Show’s platforms listed in the chart above, or is otherwise in violation of these Official Rules, his/her Vote(s) will be disqualified. Limit one (1) Vote per Category/per person at www.KellyandRyan.com per day during the Public Voting Period. Limit one (1) Vote per person at Facebook.com/LIVEKellyandRyan, Instagram.com/LiveKellyandRyan, and Twitter.com/LIVEKellyRyan during the Public Voting Period. All Votes must be received by October 31, 2017 at 5:00 p.m. ET to be counted. Any attempted form of voting other than as described herein shall be null and void. The Finalist in each Category who received the highest number of Votes will be deemed the Grand Prize Winner in the applicable Category (subject to verification of eligibility and compliance with the Official Rules). In the event of a tie, Sponsor, in its sole discretion, shall choose the applicable Grand Prize Winner based on an evaluation of which Photo is superior overall taking all categories into consideration. The Contest is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, and Twitter. Facebook, Instagram, and Twitter are completely released of all liability by each Entrant or Voter in this Contest. Sponsor has no affiliation with Facebook, Instagram, and Twitter and no responsibility for or control of any matters relating to Facebook, Instagram, and Twitter or Facebook, Instagram, and Twitter accounts. If an Entrant elects to enter with his/her Facebook account information, or a Voter opts to Vote on Facebook, Twitter, and/or Instagram, he/she is providing his/her information to the Sponsor and not to Facebook, Twitter and/or Instagram.
7. Finalist and Grand Prize Winner Notification and Verification: Each potential Finalist (or his/her parent/legal guardian if a potential Finalist is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about October 20, 2017. If a potential Finalist cannot be reached within a forty-eight (48) hour period, is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, such potential Finalist will be disqualified, and the Entrant who received the next highest score will be selected as a Finalist (in Sponsor’s sole discretion). Each potential Finalist (or his/her parent/legal guardian if a potential Finalist resides in a jurisdiction that deems him/her to be a Minor), will be required to complete a telephone eligibility questionnaire administered by Contest Administrator. In addition, each Finalist will be required to complete, sign and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release, an Entrant/Contributor Publicity and Material Release, and any other documentation that the Sponsor or Contest Administrator may require (collectively “Affidavit/Release”), and a copy of his/her government-issued photo I.D. within two (2) business days after receipt, or such potential Finalist may be disqualified. The Entrant/Contributor Publicity and Material Release will include, among other things, a representation of the Photo’s originality, a grant to Sponsor of all rights to the Photo and associated with posting Finalist’s Photo on the Websites. Each Finalist’s guest (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 the Sponsor or Contest Administrator may require (“Guest Release”) and provide a copy of his/her government-issued photo identification within two (2) business days after receipt by potential Finalist. In addition, each Finalist must fax or email his/her Affidavit/Release, Entrant/Contributor Publicity and Material Release, government-issued photo identification, his/her guest’s Guest Release and government-issued photo identification, and any other documentation prior to sending back the originals to Contest Administrator. While faxed and/or emailed documents have the same force and effect as the originals, each Finalist must return the original documents in order to be eligible to receive the Finalist prize. If a potential Finalist fails to sign and return his/her documents within the required time period (as applicable above), such potential Finalist forfeits any prize eligibility, and an alternate Finalist may be selected in Sponsor’s sole discretion in the applicable Category. Each Finalist will be provided a pre-paid FedEx envelope/label for the return of the original documents. By completing an Affidavit/Release and telephone eligibility questionnaire, each potential Finalist attests to the veracity of the provisions stated therein, the authenticity of his/her Material, and compliance with these Official Rules. If a Finalist is a Minor, his/her prize(s) will be awarded in the name of his/her parent/legal guardian. The Show will announce the Grand Prize Winners on or about November 1, 2017 during that days’ broadcast and/or on the Show’s Websites. In addition, the Grand Prize Winner from each Category will be required to complete the applicable Grand Prize Affidavit/Release and an IRS Form W-9 (for U.S. residents only) within five (5) business days after receipt in order to claim the applicable Grand Prize. If a potential Grand Prize Winner fails to sign and return his/her Grand Prize Affidavit/Release and/or IRS Form W-9 within five (5) business days, such potential Grand Prize Winner forfeits any prize eligibility, and the Finalist who received the second highest number of Votes may be selected in Sponsor’s sole discretion as a potential Grand Prize Winner in the applicable Category. Each Grand Prize Winner will be provided a pre-paid FedEx envelope/label for the return of the original documents. By completing a Grand Prize Affidavit/Release, each potential Grand Prize Winner attests to the veracity of the provisions stated therein, the authenticity of his/her Material, and compliance with these Official Rules. If a Grand Prize Winner is a Minor, his/her prize(s) will be awarded in the name of his/her parent/legal guardian.
8. Prizes: All monetary values expressed herein are U.S. dollars (“USD”). One (1) Homemade Grand Prize will be awarded in the Contest: The Homemade Grand Prize Winner will receive a five thousand USD ($5,000) Amazon Gift Card (“Homemade Grand Prize”). The approximate retail value (“ARV”) of the Homemade Grand Prize: $5,000 USD. One (1) Boxtume Grand Prize will be awarded in the Contest: The Boxtume Grand Prize Winner will receive a five thousand USD ($5,000) Amazon Gift Card (“Boxtume Grand Prize”). The Approximate ARV of the Boxtume Grand Prize: $5,000 USD. The Homemade and Boxtume Grand Prizes are non-refundable, non-endorsable and non-transferable. Amazon Gift Card Terms and Conditions are located at: https://www.amazon.com/gp/help/customer/display.html?nodeId=3122091. Up to six (6) Finalist Prizes will be awarded (three (3) Finalist Prizes per Category) in the Contest: Each Finalist will receive a trip for two (2) to New York, N.Y. on or about October 30, 2017 to on or about November 1, 2017. Each trip includes (as applicable): roundtrip coach class air transportation for each Finalist and one (1) guest from a major commercial airport near Finalist’s residence to/from New York, N.Y. (actual airport to be determined in Sponsor’s sole discretion); two (2) nights standard hotel accommodations (one (1) room/double occupancy); ground transportation to/from the airport and hotel in N.Y.; VIP admission for each Finalist and his/her guest to attend the Show on October 31, 2017 (“Show Admission”) (actual Show taping or broadcast subject to the Show’s production schedule in Sponsor’s sole discretion); a four hundred USD ($400) cash stipend (awarded to each Finalist only) in the form of a check; and a one (1) year subscription to Amazon Prime awarded in the form of a voucher (collectively “Finalist Prize”). The total approximate retail value (“ARV”) of each Finalist Prize: $3,800 USD. Total ARV of all prizes: $32,800. Limit one (1) Finalist Prize per person/family/household. EACH FINALIST AND GUEST MUST TRAVEL ON OR ABOUT OCTOBER 30, 2017 TO ON OR ABOUT NOVEMBER 1, 2017 OR THE FINALIST PRIZE WILL BE FORFEITED IN ITS ENTIRETY WITH NO COMPENSATION OR SUBSTITUTION OF A PRIZE OR PRIZE COMPONENT AND THE PRIZE(S) MAY BE AWARDED TO AN ALTERNATE POTENTIAL FINALIST (IF SCHEDULING PERMITS). IF A FINALIST 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 GUEST. IF A GUEST RESIDES IN A JURISDICTION THAT DEEMS HIM/HER TO BE A MINOR, HE/SHE MUST BE ACCOMPANIED BY HIS/HER PARENT/LEGAL GUARDIAN, AND SUCH PERSON MUST BE DEEMED TO BE A FINALIST. Gift cards or vouchers cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. The ARV’s of the Finalist Prize, Homemade Grand Prize, and the Boxtume Grand Prize (referenced herein as prize(s) where applicable) and prize components are furnished by the prize suppliers and the trip ARV may vary due to trip duration, departure location, destination, fare fluctuation, and if a Finalist takes a guest on the trip. Any difference to the ARV of a prize stated in these Official Rules and the actual ARV of a Finalist’s Prize will not be awarded. Guests attending the Show with a Finalist must be ten (10) years of age or older. If a Finalist lives within one-hundred (100) miles of New York, N.Y., air transportation 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 a prize (or prize component) is permitted, except that Sponsor in its sole discretion may substitute a prize or prize component with one (1) of equal or greater value due to prize unavailability for any reason. In such event, Sponsor will continue to use the value of the original prize element for purposes of calculating the ARV. If the Show Admission or any other Finalist Prize component is cancelled or postponed or is not available during the time of any of the Finalist Prize trips for whatever reason (e.g. weather conditions, event cancellations, production interruptions, etc.), such applicable Finalist Prize components (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof and the remaining elements of the prize shall constitute full satisfaction of Sponsor’s prize obligation to said Finalist. Finalist(s) and guest(s) are solely responsible for providing/obtaining all necessary identification and travel documents (e.g. passport or visas if applicable). Failure to provide such documents may result in trip cancellation upon airport check-in. Each Finalist and/or his/her guest must have/present at least one (1) major credit card in good standing in order to check into the hotel. Sponsor reserves the right to structure each travel route in its sole and absolute discretion. If a Finalist elects to take the trip without a guest, components of the Finalist Prize will be awarded in increments/quantities suitable for the actual number of travelers and the Finalist will not receive any compensation or substitute/alternate prize or prize component for same. Prize and prize components cannot be combined/exchanged with any other offer. Prizes must be accepted with all listed prize components subject to the conditions indicated herein. The travel dates stated above are set and cannot be changed. No extension or change of travel dates for the Finalist Prize 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 above) and/or travel documents for Finalist Prizes. Once travel has been confirmed, any cancellation or change fees or restructuring of a trip are the sole responsibility of each Finalist. Additional prize restrictions/conditions may apply. Each Finalist Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates and all other Finalist Prize and travel restrictions, as applicable. Each Finalist and his/her guest must travel together on the same itinerary. All expenses associated with the receipt or use of a Finalist Prize not specifically mentioned as being included (e.g. any requested upgrades or options or applicable custom fees for any Canadian Grand Prize Winner) are excluded and are each Finalist’s sole responsibility including, but not limited to: taxes, air transfers, government fees, unspecified ground transportation, meals, tips, gratuities, hotel incidentals, excursions, tours, laundry service, local and long distance telephone calls or other communications, WiFi, mobile phone roaming fees, internet or wireless services, souvenirs, gift shop purchases, spas, travel documents, service charges, travel insurance premiums, baggage fees, or transportation between Finalist’s residence and the departure airport, and other personal expenses. Prize notifications, gift cards, vouchers, documentation, tickets and trip itinerary will only be shipped to U.S., D.C., and/or Canadian addresses (excluding Quebec). All federal, state, provincial/territory, and/or other taxes (including but not limited to income taxes for U.S. winners) arising from participation in the Contest or the award of any prize(s) are the sole responsibility of each winner. Customs and import fees are the sole responsibility of any Canadian winner. U.S. winner(s) will receive an IRS Form 1099 from the Sponsor for the total ARV, as stated herein, of his/her prize(s) that he/she won in the calendar year that he/she won. Any depiction of the prizes or prize components, in Contest materials or otherwise, are for illustrative purposes only. Final eligibility for the award of the prizes is subject to eligibility verification as set forth in these Official Rules.
9. Additional Finalist Prize and Show Requirements: Each Finalist (and his/her guest) must understand, agree and adhere to the following guidelines and requirements:
a. Each Finalist and guest are required to wear a Halloween costume when they attend the Show on October 31, 2017. Finalists have the option of wearing the costume depicted in the Photo he/she entered into the Contest, or he/she can wear a completely different Halloween costume.
b. The Show may impose additional participation, conditions, photographs, and/or video coverage upon Finalist’s receipt of the Finalist Prize at any time.
c. Any Finalist Prize component awarded shall be subject to procedures and rules established by these Official Rules, the Show, producer and/or network, and may be amended and changed at any time.
d. If any Finalist or guest appears on the Show for any reason, he/she is subject to producer’s requirements in their sole discretion. Finalists and guests may be required to sign a producer’s full standard release and/or any other required documentation.
10. Rights in Submissions: In consideration of each Entrant’s Entry and Material being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor a non-exclusive, royalty-free, irrevocable, universal, worldwide, perpetual license to use, reproduce, copy, edit, sublicense, transmit, distribute, publicly perform, translate, publish, delete, or display such Entries and Material, or any portion thereof, in any media now known or hereafter devised, and to incorporate them in other works in any and all markets and media 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 Material will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, personal, proprietary, 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 Material.
Each Entrant/Finalist/Grand Prize Winner 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 Material, and to make derivative works from such Material. Each Entrant/Finalist/Grand Prize Winner 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 Contest Entities and their assignees and licensees shall have no obligations whatsoever to any Entrant/Finalist/Grand Prize Winner. Each Entrant/Finalist/Grand Prize Winner agrees to irrevocably assign and transfer (non-exclusively) to the Sponsor any and all rights, ideas, concepts, copyright, trademark, proprietary rights, and interest in his/her Entry (including but not limited to his/her Photo(s) without limitation worldwide including moral rights). Each Entrant/Finalist/Grand Prize Winner and/or Contributor(s) (or any of these person’s parent/legal guardian if he/she is a Minor) release the Contest 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/Finalist/Grand Prize Winner and/or Contributor (or any of these person’s parent/legal guardian if he/she is a Minor) also grant to the Contest Entities permission to use the following information: full name, city, state, image, likeness, biographical information, voice, Entry Information, and Photo(s)/Material for the purpose of advertising, trade, or promotion without further notice, permission, compensation, or consideration in any and all media (including posting on the Websites and/or in social media) worldwide in perpetuity, unless prohibited by law.
12. 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 and/or Photos that are illegible, late, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries/Photos 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 or a Contributor to any Entry; acceptance/possession, use/misuse, and/or defects of the prizes (or prize components) awarded herein; cancellations, delays, or any change by the prize supplier(s), or any other persons providing any components of the prizes; fraudulent and unauthorized gift cards or voucher uses made with lost, stolen or misappropriated gift cards/vouchers, incomplete and inaccurate gift card/voucher database information and canceled gift card/voucher uses; cancellations, delays and/or policies that may affect a Finalist and/or his/her guest’s travel, or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any components of a prize for a Finalist and his/her guest due to reasons beyond Sponsor’s and/or Contest Entities’ control; typographical errors in the Contest promotional material; technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, upload or “Submit” mechanisms; internet service provider(s); interruption or inability to access the Contest, Facebook, the Websites, banners, tabs, the Voting platforms, or any online service or link via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer/mobile/tablet device, and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects or any other error’s or malfunctions, pre-emption/interruption/cancellation of the Show, promos, or elements of the Contest; and/or any other errors or malfunctions even if caused by the negligence of one (1) 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 mobile phone relating to or resulting from entering, uploading the Material, 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 by or have contributed to: (1) any wrongful, negligent, or unauthorized act or omission on the part of prize supplier(s) or any of its agents, servants, employees, installers or independent contractors, (2) 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) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and/or affiliated companies/services. Entrants further acknowledge that said Contest Entities have neither made nor are in any manner responsible or liable for any warranty, except for the express standard limited warranties that may be provided solely by prize supplier(s), representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including any applicable express warranties provided exclusively by a prize supplier that are sent along with the prize products or services. 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.
13. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of the prizes, 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 U.S. 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, U.S. 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 Contest but in no event attorneys’ fees; and, under no circumstances, will an Entrant be entitled to awards. Each 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.
14. Official Rules/Official Winners List: To receive a copy of the Official Rules or the Official Winners List, send a self-addressed stamped envelope to: LIVE’s Homemade Halloween Costume Contest “Rules” or “Winners” (specify which), P.O. Box 6735, Burbank, CA 91510. The Official Winners List will be available after November 1, 2017. Winners may also be posted on the Websites. All requests must be received by December 20, 2017. The Official Rules will be posted on the Websites during the Contest Period.
15. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
16. Contest Administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. The Contest Administrator is not the supplier or guarantor of the prizes.
©2017 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.