Beuna Vista Television – Live’s Style Regrets – Win 1 of 5 trips for 2 to New York valued up to $10,000 USD
LIVE’s Style Regrets 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 Style Regrets Contest (“Contest”) entry period begins on September 18, 2017 at 9:00 a.m. Eastern Time (“ET”) and ends on October 3, 2017 at 6:00 p.m. ET (“Entry Period”). The Contest consists of a skill based competition whereby an entrant will submit his/her “Style Regret” story that he/she personally experienced and why he/she regrets it (“Statement”) for the opportunity to win a trip to New York, N.Y. and a style makeover on the Show (defined below). Entrants are also required to submit at least one (1) current photo of himself/herself and optionally up to two (2) additional photos (“Photo(s)”) for the judges to view as a frame of reference that accompanies his/her Statement. For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
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, LIVE with Kelly and Ryan (“Show”), Disney * ABC Domestic Television, Enteractive Solutions Group, Inc. (“Contest Administrator”), 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. 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.
3. How To Enter:
4. Entry/Material Agreement and Requirements:
Each Entrant must understand that only the Statement, not the Photo(s) will be judged in the Contest. Each Entrant must write his/her own Statement, must not be a professional writer, and the Style Regret story must depict the Entrant’s own personal experience. In addition, each Entrant must own the camera equipment used to take the Photo(s) 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, professional is an individual who receives payment for their photography or writing services. Each Entrant and his/her Entry/Statement/Photo(s) (“Material”) must adhere to the following guidelines and requirements:
a. The Statement must be in the English language and not exceed one thousand (1,000) words. If the Statement exceeds one thousand (1,000) words, only the first one thousand (1,000) words will be judged.
b. Photo(s) must be submitted in one of the following formats: .JPG, .JPEG, .PNG or .GIF file and not exceed 2 MB.
c. The Statement/Photo submitted must be wholly original and Entrant’s own creation and each Entrant warrants that he/she has secured all necessary rights relating to the use of the Statement/Photo and/or a Contributor(s) (if applicable).
d. The content provided in an Entrant’s Statement must be truthful and factually accurate.
e. The Statement/Photo must not contain the first name, last name, phone number(s), address, website, email address and/or other personal information of the Entrant (or any other person).
f. No Entry from a group or organization is accepted.
g. The Statement/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.
h. The Statement/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.
i. The Statement/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.
j. The Statement/Photo must not contain any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.
k. The Statement/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.
l. The Statement/Photo must not disparage the goodwill or business reputation of the Sponsor.
m. The Statement/Photo must not contain any references to alcohol, tobacco, drug paraphernalia, firearms or any description or representation thereof.
n. The Statement/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.
o. 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.
p. If a Minor as defined above 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.
q. 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. Contest Judging:
On weekdays beginning on or about September 18, 2017 at 10:00 a.m. ET and continuing until on or about October 4, 2017 at 10:00 a.m. ET during business hours (“Judging Period”), all eligible Statements will be judged by representatives of the Show based on the following judging criteria: 1) Creativity (25%); 2) Overall Potential (25%); 3) Enthusiasm and Personality (25%); and Presentation (25%) (“Judging Criteria”). Each Statement will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. Up to five (5) highest scoring Entries based on the Judging Criteria, will be deemed the winners subject to written verification of eligibility and compliance with these Official Rules (“Winners”). In the event of a tie, the Entrant whose Statement received the higher score for “Creativity” will be declared a potential Winner. In the event of a further tie, the Entrant whose Statement received the higher score for “Overall Potential” will be declared a potential Winner. In the event of a further tie, the Entrant whose Statement received the higher score for “Enthusiasm and Personality” will be declared a potential Winner. In the event of a further tie, Sponsor in its sole discretion shall choose Winner(s) based on an evaluation of which Statement is superior overall taking all categories into consideration. Judges have the right, in their sole discretion, to select fewer than five (5) Winners based on an insufficient number or quality of potential eligible Entries received and/or if Show production exigencies prevent the travel/taping of the Winners.
6. Winner Notification and Verification:
Each potential 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 October 4, 2017. If a potential Winner 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 Winner will be disqualified, and the Entrant who received the next highest score will be selected as a Winner (in Sponsor’s sole discretion). Each potential Winner (or his/her parent/legal guardian if a potential winner 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 over the telephone. In addition, each Winner will be required to sign, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release, an Entrant/Contributor On-Air Release and any other documentation that the Sponsor or Contest Administrator may require including but not limited to an IRS Form W-9 for U.S. residents only (collectively, “Affidavit/Release”) within two (2) business days after receipt, or such potential Winner may be disqualified. Each Winner’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”) within two (2) business days after receipt by potential Winner. If a potential Winner fails to sign and return his/her Affidavit/Release (and Guest Release) within the required time period (as applicable above), such potential Winner forfeits any Prize eligibility and an alternate Winner may be selected in Sponsor’s sole discretion. Each Winner 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 Winner attests to the veracity of the provisions stated therein, the authenticity of his/her Material and compliance with these Official Rules. If a Winner is a Minor, his/her Prize will be awarded in the name of his/her parent/legal guardian.
7. Prizes: Up to five (5) Prizes will be awarded in the Contest:
Each Winner will receive a trip for two (2) to New York, N.Y. on or about October 12, 2017 to on or about October 20, 2017. Each trip duration, the number of hotel nights and the cash stipend(s) will vary due to each Winner’s proximity to New York, N.Y., the makeover schedule and other production exigencies. Each trip includes (as applicable): roundtrip coach class air transportation for each Winner and one (1) guest from a major commercial airport near winner’s residence to/from to New York, N.Y. (actual airport to be determined in Sponsor’s sole discretion); a minimum of three (3) days/nights (2) nights to a maximum of nine (9) days/eight (8) nights standard hotel accommodations (one (1) room/double occupancy); ground transportation to/from the airport and hotel in N.Y.; one (1) “Makeover Experience” awarded to each Winner only (includes make-up, haircut, color and style) to be scheduled on a day during each Winner’s trip in N.Y. (in Sponsor’s sole discretion); one (1) “Shopping Experience” awarded to each Winner only not to exceed two thousand USD ($2,000) with a stylist scheduled in Sponsor’s sole discretion; VIP admission for each Winner and his/her guest to Show during his/her stay (“Show Admission”), subject to scheduling around the Makeover Experience, the Shopping Experience and the airing of a Winner’s show segment (actual Show taping or broadcast subject to the Show’s production schedule in Sponsor’s sole discretion); and a seventy-five USD ($75) cash stipend (awarded to each Winner only) for each full day he/she is staying in N.Y (collectively “Prize”). The total approximate retail value (“ARV”) of each Prize: from $7,000 to $10,000 USD. LIMIT ONE (1) PRIZE PER PERSON/FAMILY/HOUSEHOLD. EACH WINNER AND GUEST MUST TRAVEL ON OR ABOUT OCTOBER 12, 2017 TO ON OR ABOUT OCTOBER 20, 2017 OR THE PRIZE(S) 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 WINNER (IF SCHEDULING PERMITS). IF A WINNER RESIDES IN A JURISDICTION THAT DEEMS HIM/HER TO BE A MINOR, HE/SHE MUST BE ACCOMPANIED BY HIS/HER PARENT/LEGAL GUARDIAN WHO MUST BE HIS/HER TRAVEL GUEST. IF A TRAVEL 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 WINNER. All monetary values expressed herein are U.S. dollars (“USD”). The ARV’s of the Prizes and Prize components are furnished by the Prize suppliers and may vary due to trip duration, departure location and if a Winner 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 Winner’s Prize will not be awarded. Guests attending the Show must be ten (10) years of age or older. If a Winner 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 non-cash Prize component) is permitted, except that Sponsor in its sole discretion may substitute a Prize or Prize component with one of equal or greater value due to Prize unavailability for any reason. If a Makeover Experience, Shopping Experience, Show Admission, or any other Prize component is cancelled or postponed or is not available during the time of any of the Prize trips for whatever reason (e.g., weather conditions, event cancellations, production interruptions, etc.), such applicable Prize components (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Winner(s) and guest(s) are solely responsible for providing/obtaining all necessary identification and travel documents (e.g. passport visas if applicable). Failure to provide such documents may result in trip cancellation upon airport check-in. Each Winner and/or his/her travel guest must have/present at least one (1) major credit card in good standing in order to check into the hotel and attend the Show. Sponsor reserves the right to structure each travel route in its sole and absolute discretion. If a Winner elects to take the trip without a guest, components of the Prize will be awarded in increments/quantities suitable for the actual number of travelers and the Winner 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 are permitted once the travel dates have been confirmed or booked by the Sponsor. Once air travel tickets are issued they are non-refundable, non-endorsable and non-transferable. Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which will be stated in the Affidavit/Release (described below) and/or travel documents. Once travel has been confirmed, any cancellation or change fees or restructuring of a trip are the sole responsibility of each Winner. Additional Prize restrictions/conditions may apply. Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates and all other Prize and travel restrictions, as applicable. Each Winner and his/her guest must travel together on the same itinerary. All expenses associated with the receipt or use of a Prize not specifically mentioned as being included (e.g., any requested upgrades, custom fees for any Canadian Winner), are excluded and are each Winner’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 Winner’s residence and the departure airport and other personal expenses. Prize notification, 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) 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 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.
8. Prize Award and Show Requirements:
Each Winner (and potentially his/her guest) may be videotaped by the Show during his/her trip in N.Y. and during the Makeover Experience, Shopping Experience and/or attendance at the Show (“Show Segment(s)”). Each Winner and his/her guest must agree to all of the Prize award and Show Requirements as stated below (as applicable) in addition to complying with the Show’s dress code when attending events or Show tapings (casual business attire, no jeans or tank tops, etc.), and any conditions in order to participate in any of the stated Prize or trip components. Each Winner and guest may or may not actually appear in the final version of the applicable Show (or any subsequent Show), and the decision is subject to producer’s requirements and sole discretion. Sponsor is not responsible or liable for cancellation or preemption of the Show airing the Winners (if applicable). Winners and/or guests will receive no compensation regardless of whether any taped segment, Statement/Photo(s) actually appears on the Show. Members of the Screen Actors Guild, American Federation of Radio and Television Artists and persons running for public office within six (6) months of entering are ineligible for a broadcast appearance (if applicable) but all other Prize components can be awarded. Each Winner (and his/her guest) must understand, agree and adhere to the following guidelines and requirements:
a. The Makeover and Shopping Experiences may result in a radical change of a Winner’s appearance and Winners cannot direct or change the direction of the Makeover, Shopping or Show Segment experiences (including but not limited to hair strand tests, the use of hair dye or other evaluation and appearance altering treatments).
b. Portions of each Winner’s Entry/Statement/Photo(s) and Show Segment (if applicable) will (or may) be posted online and/or broadcast on the Show (in Sponsor’s sole and absolute discretion).
c. The Show may impose additional participation, conditions, photographs and video coverage upon Winner’s receipt of the Prize at any time.
d. Any 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.
e. The Show, producer(s) and/or network reserve the right to change, add, delete from, modify or amend each Winner’s Entry/Statement/Photo(s), Show Segment and other experiences and activities.
f. Any Winner’s appearance on the Show is subject to producer’s requirements and sole discretion. Winners and guests may be required to sign a producer’s full standard release and/or any other required documentation.
g. Each Winner fully consents to all requirements stated above as a condition of becoming a Winner as well as his/her guest if he/she partakes in any of the Prize components.
9. 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, copy, edit, sublicense, transmit, distribute, publicly perform, 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 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 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 Contest Entities and their assignees and licensees shall have no obligations whatsoever to any Entrant. Each 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)/Statement without limitation worldwide including moral rights). Each Entrant, 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, 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)/Statement/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) worldwide in perpetuity, unless prohibited by law.
10. General Conditions:
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, Statements, and/or Photos that are illegible, late, corrupted, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed, dropped, inaccessible, jumbled or otherwise not in compliance with these Official Rules and such Entries/Statements/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/Statement; 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; delays and/or policies that may affect a Winner and/or his/her guest’s travel, or any change by the air carrier(s), or other company or any other persons providing any components of the Prize for a Winner 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 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 due to reasons beyond the Sponsor’s and/or Contest Entities’ control; service/completion delays or returns; pre-emption/interruption/cancellation of the Show, taped Segments, promos, or elements of the Contest; cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of components of the Prize; 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 mobile phone relating to or resulting from entering, uploading the Material, 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 their 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 provided solely by Prize supplier(s), representation or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by a Prize supplier that are sent along with the Prize products or services. Entrants may opt to enter via Facebook, however, the Contest 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 Contest. The sponsor has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. 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 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.
13. 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 Style Regrets Contest “Rules” or “Winners” (specify which), P.O. Box 6452, Burbank, CA 91510. The Official Winners’ List will be available after October 5, 2017. Winners may also be posted on the Websites. All requests must be received by December 4, 2017. The Official Rules will be posted on the Websites during the Contest Period.
Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
15. 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.