ABC – Win a grand prize package of a trip for 4 to Aulani
NO PURCHASE NECESSARY TO ENTER OR WIN.
1. SPONSOR; PRIZE PROVIDER: American Broadcasting Companies, Inc. 77 West 66th St., New York, NY 10023 (“ABC” or “Sponsor”), in connection with the 2019 Summer Concert Series sponsored by KING’S HAWAIIAN (“King’s Hawaiian” or “Prize Provider”).
2. ADMINISTRATOR: LeadDog Marketing Group, Inc., 440 9th Ave., 17th Floor, New York, NY 10001 (“Administrator”).
3. SWEEPSTAKES PERIOD: The Good Morning America’s “2019 Summer Concert Series” Sweepstakes (the “Sweepstakes”) begins on or about 7:00:00 a.m. Eastern Time (“ET”) on 5/1/19 and ends 3:00:00 p.m. ET on 8/30/19 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for this Sweepstakes. You must have Internet access to enter this Sweepstakes.
4. ELIGIBILITY: Entrants must be twenty-one (21) years of age or older at time of entry and a legal resident of the fifty (50) United States or the District of Columbia. Void where prohibited or restricted by law. All applicable federal, state and local laws and regulations apply. Employees of ABC, LeadDog Marketing Group, Inc., King’s Hawaiian, any organizations responsible for sponsoring, fulfilling, administering the Sweepstakes or supplying the prizes, persons involved in the creation, development or production (including cast and crew) of the Good Morning America (“GMA”) television show, and/or each of their respective parent, subsidiary, and affiliated companies, and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential prize winner will be required to provide proof of eligibility upon request prior to being awarded any prize.
5. HOW TO ENTER: To enter, navigate the Internet and visit http://www.GoodMorningAmerica.com/grillingsweepstakes (“Website”).
To submit an entry, complete the Sweepstakes entry form on the Website. You (“Entrant”) will be asked to provide your full name, city, state, phone number and e-mail address. Upload one (1) photo or video of you or your family and/or friends grilling or attending a Summer BBQ. As used herein, “Entry” refers collectively to an entrant’s entry form and photo.
Complete your entry by clicking the “Submit” button on the Website. Without the photo or video attachment, your Entry will be deemed incomplete and will be disqualified.
Photos must be in JPEG, PNG or GIF format, and up to 50MB in size. Videos must be in MOV, MP4 or MPG format, and up to 0.2GB in size.
Sponsor/Administrator, in their sole discretion, may disqualify any entry that is deemed inappropriate, illegal or offensive, or otherwise not considered a valid entry, and the Entrant for such disqualified entries will not be eligible to win the Grand Prize. Any information, photo or video submitted as part of the entry process that contains disparaging content will disqualify the Entrant. Disparaging content is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, otherwise inappropriate or objectionable material unfit for publication/posting/uploading, as determined by Sponsor in its sole discretion.
If an entry cannot be viewed and/or accessed by Sponsor or Administrator for any reason, such entry shall be disqualified without any fault or liability of the Released Parties, as defined in Section 9 below.
By submitting the photo/video, you warrant and represent that the photo or video is your original work, or you have all rights to the photo or video which does not infringe the copyright, trademark, privacy, publicity, or other intellectual property rights of any other person or entity.
If a person other than yourself appears in the photo or video, prior to sending the photo or video, you are responsible for obtaining any and all permissions and consents necessary to permit the exhibition and use of the photo or video by Sponsor as set forth in these Official Rules. By submitting your photo or video, you warrant and represent no further permissions from any other person are necessary for Sponsor’s use of the photo or video in connection with this Sweepstakes.
Sponsor and Administrator are not responsible for late, lost, incomplete, garbled, delayed, inaccurate, undelivered or misdirected entries or email. All entries become the property of Sponsor and will not be returned. By entering this Sweepstakes, Entrants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
6. PRIZE: One (1) grand prize package (as further described below) will be awarded to the Entrant whose entry is selected from the random drawing (“Winner”). The grand prize package shall consist of one (1) 4-night/5-day trip for up to four (4) people to Aulani, A Disney Resort & Spa in Ko Olina, Hawai’I (“Aulani Resort”), which shall include the following (collectively, the “Grand Prize”):
• Roundtrip economy-class airfare for up to four (4) persons to and from the nearest major metropolitan airport to the Grand Prize winner’s residence (“Airport of Origin”) and Honolulu International Airport; • A four (4)-night stay at Aulani Resort. Accommodations shall consist of one (1) standard room with a maximum occupancy of four (4) persons; and • Ground transportation to and from Honolulu International Airport and Aulani Resort.
In addition, Winner will receive funds to assist with paying taxes on the Grand Prize not to exceed $3,482.00. This amount will be calculated by Sponsor; but, Sponsor and Administrator make no representation or warranty of any kind that the funds so provided will satisfy all taxes incurred by Winner due to receipt and acceptance of the prize. The approximate retail value (“ARV”) of the Grand Prize is $9,410.00. If the actual value of the Grand Prize is less than the stated ARV, the difference will not be awarded. All federal, state and local taxes, are the sole responsibility of the Grand Prize winner, who will receive an IRS Form 1099 reflecting the final actual value of his/her prize.
Grand Prize Trip must be booked by September 20, 2019 and completed by September 30, 2020. Grand Prize Winner must provide Sponsor with three (3) possible travel dates with at least fifteen (15) days advance notice prior to the earliest potential date of departure; however, Sponsor’s decision as to actual travel dates is final and binding. If travel is not booked by 09/30/2019 or completed by 09/30/2020, the Grand Prize will be forfeited without compensation of any kind. If potential Grand Prize Winner is unavailable to travel during designated timeframe for any reason, the Grand Prize will be forfeited without compensation of any kind and an alternate Grand Prize Winner may be selected from among all remaining eligible entries in a random drawing (time permitting). Travel must be made through Sponsor’s agent and Sponsor shall determine airline and flight itinerary in its sole discretion. All expenses not specifically provided for herein are the Winner’s sole responsibility, including but not limited to: round trip transportation between the Grand Prize Winner’s residence and Airport of Origin (or round-trip transportation between Grand Prize Winner’s residence and the hotel if winner resides on the Island of O’ahu), alcoholic and non-alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, excursions, souvenirs, spa services, telephone calls and some additional taxes which are not expressly included in the trip. Travel and lodging are subject to availability, certain restrictions, holiday blackout dates and Sponsor’s approval. Blackout dates include, but may not be limited to: 11/23/19 through 11/27/19, 12/21/19 through 1/12/20, 2/12/20 through 2/20/20, 4/9/20 through 4/18/20 and 6/21/20 through 8/15/20. Some restrictions may apply. No substitution or transfer of Grand Prize, or any element thereof, is permitted by Winner. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at their sole direction.
Final actual value at the time of booking and travel may be substantially more or less depending on dates of travel, point of origin and ticket availability. Winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV stated in these Official Rules for any reason whatsoever. Some restrictions apply. Airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code share flights may be used. Sponsor reserves the right to structure the travel route, on a Sponsor-selected carrier for air travel from a major airport near Winner’s residence, in its sole discretion. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels and/or other transportation companies or any other persons providing any of these services or accommodations. Sponsor shall not be liable for any loss or damage to baggage.
Guest(s) (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) must sign a Release and Indemnification and a Publicity Release (where allowed by law), prior to issuance of travel documents. If any guest is a minor, the Grand Prize Winner or one of the Grand Prize Winner’s other allotted guests must be such minor’s parent or legal guardian. If Winner elects to travel without a guest(s), no additional compensation will be awarded. Winner and his or her companions must travel together on the same itinerary and possess all required travel documents including a valid photo ID. Photo identification and credit card or cash deposit may be required at check-in for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize).
Grand Prize is subject to availability. Sponsor is not responsible for cancellation or for other circumstances that make it impractical or impossible to fulfill these elements of the prize. If it becomes impractical or impossible to fulfill the elements of the prize that have no approximate retail value, Sponsor’s only obligation will be to provide the remainder, if any, of the Grand Prize.
7. WINNER SELECTION/NOTIFICATION: Potential Winner will be randomly selected on or about 9/13/19 from all eligible entries received. The drawing will be conducted by Administrator, whose decisions are final and binding with respect to all aspects of the Sweepstakes. Odds of winning the Grand Prize depend on the number of eligible entries received.
Potential Winner will be notified on or about 9/13/19 by phone, email and/or mail and will be required to sign and return within three (3) business days of notification an Affidavit of Eligibility, Release of Liability and Indemnification, W-9, and a Publicity Release where allowed by law (collectively, “Winner Documents”). If potential Winner does not reply to such notification within three (3) business days, a notification is undeliverable after up to three (3) attempts and/or the Winner Documents are not returned to Sponsor within specified time period, or a potential Winner is not in compliance with these Official Rules, such potential Winner will be disqualified and, at Sponsor’s discretion, an alternate Winner will be selected in a random drawing from remaining eligible entries received. In the event of any dispute concerning the identity of any Entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning email addresses for the domain associated with the submitted email address. A potential Winner may be required to provide the Sponsor with proof that the potential Winner is the authorized account holder of the email address associated with the winning entry.
8. CONDITIONS: If for any reason the Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserve the right, at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and, if terminated or cancelled, to determine potential Winner in a random drawing from among all eligible entries received prior to the action taken; and to disqualify any individuals who tamper with the entry process, violate these Official Rules, or act in a disruptive or abusive manner.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
9. RELEASES: By participating, participants agree (i) to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all respects; (ii) to release, discharge and hold harmless Sponsor, Administrator, and their respective parent, subsidiary and affiliated companies, advertising and promotional agencies and Prize Provider, its parent and affiliated companies, and each of their respective officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from any and all claims, liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to death or personal injury, arising out of Entrant’s participation in the Sweepstakes and/or acceptance or use or misuse of any prize (including any travel or activity related thereto); (iii) to the Sponsor and their designees’ use of his/her name, photograph, likeness, voice, prize information and/or biographical information worldwide in perpetuity for programming, publicity, advertising and promotional purposes in any and all media, now existing or hereafter created or conceived, without further compensation, notification or permission, unless prohibited by law.
No responsibility is assumed by Released Parties for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Released Parties assume no responsibility for any errors of any kind relating to or in connection with the Sweepstakes, whether technical, computer, network, printing, typographical, human or otherwise, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Grand Prize or in any Sweepstakes-related materials. Entries generated by script, macro or other automated means are void. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes.
10. DISPUTES; ARBITRATION/CHOICE OF LAW: Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of prizes/determination of Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, Entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain 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, any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the Entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If Entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
11. MISCELLANEOUS; WINNER’S LIST: Void where prohibited. All federal, state and local laws and regulations apply. Name of the Winner, available after 9/13/19 and these Official Rules will be posted to the Good Morning America’s “2019 Summer Concert Series” Sweepstakes homepage at http://www.GoodMorningAmerica.com/grillingsweepstakes for at least thirty (30) days after Winner is finally determined.