LIVE’s March Money Madness Tune In to Win
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VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND
POSSESSIONS AND THE PROVINCE OF QUEBEC, CANADA
AND WHERE PROHIBITED BY LAW.
1. Description: The LIVE’s March Money Madness Tune In to Win (“Sweepstakes”) will be played during the week of March 12, 2018 through March 16, 2018 (“Sweepstakes Period”). Viewers are invited to watch the LIVE with Kelly and Ryan television program (“Show”) each day where one of the hosts will ask a question after the “March Money Madness” segment and then provide viewers the one (1) word answer after the commercial break in the second half of each Show’s weekday broadcast (“Show Day”). During the Sweepstakes Period, each daily entry period begins at 9:45 a.m. ET and ends that same day at 11:59 p.m. ET with the exception of the last daily entry period that ends at 3:00 p.m. ET (“Daily Entry Periods”). Viewers may check local TV listings for Show schedules in their local viewing area, which may be changed or pre-empted without notice. Sponsor’s computer shall be the official clock for purposes of the Sweepstakes and all times refer to Eastern Time (“ET”). The winner may be announced on one of the Show’s websites on or about March 17, 2018.
2. Eligibility: The Sweepstakes 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 currently 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. Individual 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. (“Sweepstakes Administrator”), participating stations, stations airing the Show, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above mentioned entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, cable operators, prize suppliers, any other person or entity associated with the Sweepstakes (collectively "Sweepstakes 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 Sweepstakes.
4. Prize: One (1) prize will be awarded in the Sweepstakes: Winner will receive a five thousand (5,000) U.S. dollar (“USD”) cash prize awarded in the form of a check issued in his/her name (“Prize”). The approximate retail value (“ARV”) of the Prize: $5,000 USD. Odds of winning the Prize depends on the total number of eligible Entries received that contain correct answers during the Sweepstakes Period. Prize is non-refundable, non-endorsable and non-transferable. Prize restrictions/conditions stated herein may be subject to additional restrictions/conditions. All expenses associated with the receipt or use of the Prize not specifically mentioned as being included are excluded and are the winner’s sole responsibility. Prize and prize notifications will only be mailed/shipped to street addresses in the U.S., D.C., and/or Canada (excluding Quebec). All federal, state/provincial, or other tax liabilities (including but not limited to income taxes for a U.S. winner or U.S. withholding taxes for a Canadian winner if applicable) arising from the Sweepstakes or award of the Prize will be the sole responsibility of the winner (if applicable). If the winner is a resident of the U.S., he/she will receive an IRS Form 1099 from Sponsor for the total ARV of his/her Prize. Any depiction of the Prize in promotional materials or otherwise is for illustrative purposes only. Final eligibility for the award of the Prize is subject to eligibility verification, other conditions, and requirements as set forth in these Official Rules.
5. Winner Determination, Notification, and Requirements: One (1) winner will be randomly selected from all eligible Entries received in a drawing to be held on or about March 16, 2018 after the last Daily Entry Period ends by the Sweepstakes Administrator, an independent compliance organization located in Burbank, CA (“Drawing”). The potential winner (or his/her parent/legal guardian if the potential winner resides in a jurisdiction that deems him/her to be a minor) will be notified by telephone at the phone number listed on his/her Entry on or about the Drawing date and must be reached within two (2) business days from the Sweepstakes Drawing date. The potential winner (or his/her parent/legal guardian if the 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 the Sweepstakes Administrator over the telephone. If a Canadian resident is selected as the winner, he/she must correctly answer a time based, mathematical skill-testing question administered by telephone without assistance or mechanical or electronic aid to be eligible for the Prize. In addition, the potential winner will be required to sign, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release and any other documentation that the Sponsor or Sweepstakes Administrator may require including but not limited to an IRS Form W-9 for U.S. residents only (collectively, “Affidavit/Release”) within three (3) business days after receipt, or such potential winner may be disqualified. If the potential winner fails to sign and return his/her Affidavit/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. The potential 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, the potential winner attests to the veracity of the provisions stated therein and compliance with these Official Rules. If the winner is a minor, his/her Prize will be awarded in the name of his/her parent/legal guardian. If the potential winner cannot be reached within two (2) business days , if he/she cannot correctly answer the time based mathematical skill-testing question (if a Canadian winner is selected), if he/she is found to be ineligible, if his/her Affidavit/Release is not returned or incomplete, if his/her Prize or prize notification is returned as undeliverable, or, if he/she cannot or does not comply with these Official Rules, such potential winner will be disqualified and an alternate potential winner may be selected (in Sponsor’s sole discretion).
7. Disclaimers: The Sweepstakes 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 that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. By entering the Sweepstakes, each entrant agrees and acknowledges that Sweepstakes 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 Sweepstakes; human error; incorrect or inaccurate transcription of Entry Information and/or answers; pre-emption/interruption/cancellation of the Show, promos, or elements of Sweepstakes and/or segment(s) featuring the one (1) word answer; disputes regarding answers; disputes over who is the entrant to any Entry; acceptance/possession, use/misuse of the Prize awarded herein; any technical or mechanical error when posting/uploading answers to the Websites; typographical errors in the promotional material; disputes over answers to mathematical skill test questions (in the case of a Canadian Sweepstakes Winner); technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, upload or “Submit” mechanisms, or internet service provider(s); interruption or inability to access (or Sponsor’s/Sweepstakes Administrator’s inability to access) the Sweepstakes, Facebook, the Websites, banners, tabs, or any online service or link via the internet due to hardware or software compatibility problems or from entering or downloading materials/software in connection with the Sweepstakes; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile phone/tablet device, and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading/uploading materials/software in connection with the Sweepstakes and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other error’s or malfunctions even if caused by the negligence of one (1) of the Sweepstakes Entities. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to: (1) any wrongful, negligent, or unauthorized act or omission on the part of a prize supplier (if applicable) 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. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, strike, 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.
8. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, 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, which to the extent permissible must be brought individually and not as part of a class/group (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 Sweepstakes 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 by a tribunal of competent jurisdiction, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
9. Rules/Winner Information: To receive a copy of the Official Rules or the Winner Information, send a self-addressed stamped envelope to: LIVE’s March Money Madness Tune In to Win “Rules” or “Winner” (specify which), P.O. Box 6375, Burbank, CA 91510. Winner Information will be available after March 17, 2018. All requests must be received by May 16, 2018. The Official Rules will be posted at the Websites during the Sweepstakes Period.
10. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
11. Sweepstakes Administrator: Enteractive Solutions Group, Inc., P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes Administrator is not the supplier or guarantor of the Prize.
©2018 ESG. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.