LIVE’s Holiday Wish List Contest
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
1. Eligibility: LIVE’s Holiday Wish List Contest (“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 currently physically located therein, and who are thirteen (13) years of age or older as of the date of entry. Participants must have either a valid Social Security number, a valid U.S. personal tax identification number and/or a valid Social Insurance Number for Canadian residents. If a participant is from a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. A minor is defined as a resident of Alabama or Nebraska in the U.S. or a resident of the province/territory of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut or the Yukon in Canada who is under nineteen (19) years of age, a resident of Mississippi who is under twenty-one (21) years of age, or under the age of eighteen (18) in the remaining forty-seven (47) states and/or the remaining six (6) provinces (excluding Quebec) (“Minor”). 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. 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. Participants may not be and may not intend to be a candidate for any public office within six (6) months from their date of entry.
3. Entry/Material Agreement and Requirements: Each Nominator must understand that only the Statement (not the Photo) will be judged in the Contest. Each Nominator must write his/her own Statement, must not be a professional writer, and the Statement must factually depict the Nominee’s Holiday Wish. In addition, each Nominator must own the camera equipment used to take the Photo prior to entering this Contest, no purchase of any camera equipment is required and the Photo must not be taken by a professional photographer. For purposes of this Contest, a professional is an individual who receives payment for their photography or writing services. Each Nominator and his/her Entry/Statement/Photo (“Material”) must also 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. The Photo must be submitted in one of the following formats: .JPG, .JPEG, .PNG or .GIF file and must not exceed 2 MB.
- c. The Statement/Photo submitted must be wholly original and Nominator’s own creation and each Nominator 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 a Nominator’s Statement must be truthful, factually/personally accurate.
- e. The Statement/Photo must not contain the phone number(s), address, website, email address and/or other personal information of the Nominator/Nominee (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. 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 Nominator’s Entry and Material that does not adhere to the above requirements, that is not reasonably pertinent to the judging criteria (described in section 4 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 NOMINATOR/NOMINEE 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.
4. Contest Judging: There will be two (2) rounds of judging. Round 1: On weekdays beginning on or about November 13, 2017 at 10:00 a.m. ET and continuing until on or about November 28, 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) “Compelling Nature of the Statement and Holiday Wish” (25%); 2) “Potential for On-Air Appeal” (25%); 3) “Feasibility and Logistical Capability of the Holiday Wish” (25%); and 4) “Financial Feasibility” (whether the Holiday Wish can be fulfilled within the stated approximate retail value defined in section 6) (25%) (“Judging Criteria”). Each Statement will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. Round 2: Statements that receive a score of eighty (80) points or higher will move on to the Round 2 judging phase that consists of a “Telephone Interview” with the Nominee conducted by the Sponsor’s designee or Show representative during the Judging Period. The Telephone Interview(s) with the Nominee will be judged on the following criteria: “Compelling Nature of the Holiday Wish as described by the Nominee” (50%) and “Cohesion of the Holiday Wish with the Contest Theme” (50%). Each Telephone Interview will receive a score based on the Judging Criteria for a maximum of up to fifty (50) points. The Statement that receives the highest score based on the Judging Criteria from both Round 1 and Round 2 will be deemed the winning Statement subject to written verification of eligibility and compliance with these Official Rules from the Nominee (“Winner”). In the event of a tie, the Statement that received the higher score for "Compelling Nature of the Holiday Wish as described by the Nominee” will be declared the potential winning Statement. In the event of a further tie, the Statement that received the higher score for "Cohesion of the Holiday Wish with the Contest Theme” will be declared the potential winning Statement. In the event of a further tie, Sponsor in its sole discretion shall choose the Winner based on an evaluation of which Statement and Telephone Interview are superior overall taking all categories into consideration.
5. Winner Notification and Verification: The 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 the Entry submitted on or about November 28, 2017. If the 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 Nominee that received the next highest score will be selected as the Winner (in Sponsor’s sole discretion). 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 Contest Administrator over the telephone. In addition, the Winner will be required to sign, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release, an 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. The Nominator will also be required to complete an On-Air Release and any other documentation that the Sponsor or Contest Administrator may require within two (2) business days after receipt. In addition, the Winner and the Nominator must fax or email his/her Affidavit/Release and/or On-Air Release (as applicable), and any other documentation prior to sending back the originals to the Contest Administrator. While faxed and/or emailed documents have the same force and effect as the originals, the Winner must return the original documents in order to be eligible to receive the prize. If the Holiday Wish prize involves any travel, such Winner’s guest(s) (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 the potential Winner fails to sign and return his/her Affidavit/Release (and Guest Release if applicable) 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 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, the authenticity of his/her Material 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.
6. Prize: One (1) Prize will be awarded in the Contest: One (1) Holiday Wish prize will be awarded that may fall into one (1) of the following prize categories (including but not limited to): travel, cruise, cash, retailer gift certificate, gift card, merchandise, kitchenware, furniture, appliances and/or electronics) (“Prize”). Approximate retail value (“ARV”) of the Holiday Wish Prize: up to $20,000 U.S. dollars (“USD”). Sponsor in its sole and absolute discretion may award more than one (1) Holiday Wish Prize if there are additional high scoring compelling Entries that the Sponsor wants to recognize. The Winner must agree to be available from on or about December 4, 2017 to on or about December 14, 2017 in order for the Show and/or prize supplier(s) to videotape the awarding of the Prize(s) to be shown on-air “Show Segment.” IF THE WINNER DOES NOT AGREE TO BE AVAILABLE FROM ON OR ABOUT DECEMBER 4, 2017 TO ON OR ABOUT DECEMBER 14, 2017, THE PRIZE(S) WILL BE FORFEITED IN ITS ENTIRETY WITH NO COMPENSATION OR SUBSTITUTION OF A PRIZE OR PRIZE COMPONENT AND THE PRIZE MAY BE AWARDED TO THE NOMINEE WHO IS THE SUBJECT OF THE NEXT HIGHEST SCORING STATEMENT (IF SCHEDULING PERMITS). IF THE WINNER RESIDES IN A JURISDICTION THAT DEEMS HIM/HER TO BE A MINOR, HE/SHE MUST BE ACCOMPANIED BY HIS/HER PARENT/LEGAL GUARDIAN FOR THE SHOW SEGMENT. IF THE HOLIDAY WISH PRIZE INVOLVES TRAVEL, AND HIS/HER TRAVEL GUEST(S) 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 THE WINNER. All monetary values expressed herein are U.S. dollars (“USD”). The ARV of the Prize(s) and Prize components are furnished by the prize suppliers at the time the type of Holiday Wish Prize(s) is determined and awarded (in Sponsor’s sole and absolute discretion). Any difference to the ARV of a Prize(s) stated in these Official Rules and the actual ARV of the Winner’s Prize will not be awarded. No transfer, substitution or cash equivalent for the Prize(s) selected by Sponsor (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 the Prize(s) or any Prize component is cancelled or postponed or is not available during the time the Show Segment is scheduled (e.g., weather conditions, event cancellations, production interruptions, seasonal or logistical constraints, etc.), such applicable Prize components may be rescheduled (in Sponsor’s sole discretion). A cash Prize will be awarded in the form of a check. Merchandise awarded is subject to availability. If the Prize awarded involves travel, the Winner 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. If a trip destination is outside the U.S. or Canada, the Winner and his/her travel guest(s) (if applicable) are solely responsible for obtaining all necessary travel documents (including passports and visas) or medically advisable immunizations if applicable. The U.S. State Department requires all international travelers to present a government-issued passport for U.S. Customs re-entry after air, land or sea travel. For more information, visit the State Department's consular website located at www.Travel.State.gov or the U.S. Department of Homeland Security's website located at www.DHS.gov. In order to comply with the REAL ID Act, adult travelers carrying driver’s licenses from a select number of U.S. states may be required to present a valid U.S. Passport to travel on a domestic commercial flight in addition to international travel. To see if you live in a U.S. state with this requirement and for more information, go to https://www.DHS.gov/real-id. The 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 a hotel. Sponsor reserves the right to structure travel route in its sole and absolute discretion. Prize(s) and Prize components cannot be combined/exchanged with any other offer. Prize(s) must be accepted as selected by the Sponsor subject to the conditions indicated herein and/or additional terms and conditions specified by the prize supplier(s) at the time the Prize is awarded. No extension or change of travel dates are permitted once the travel dates have been confirmed or booked by the Sponsor or prize supplier. 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 in section 5) and/or travel documents. Once travel has been confirmed, any cancellation or change fees or restructuring of a trip are the sole responsibility of the Winner. Additional Prize restrictions/conditions may apply. Prize(s) is subject to air/ground travel availability, hotel availability, holiday and blackout dates and all other Prize and travel restrictions, as applicable. 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(s), Prize notification(s), 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 the Winner. Customs and import fees are the sole responsibility of any Canadian Winner. If the Prize value is $600 or more, a U.S. Winner will receive an IRS Form 1099 from the Sponsor for the total ARV of the specific Prize awarded (as determined by Sponsor) that he/she won in the calendar year that he/she won. Any depiction of the Prize(s) or Prize components, in Contest materials or otherwise, are for illustrative purposes only. Final eligibility for the award of the Prize(s) is subject to eligibility verification as set forth in these Official Rules.
7. Prize Award and Show Requirements: The Winner (and potentially the Nominator and/or the Winner’s guest(s)) may be videotaped for a Show Segment(s) that may broadcast on the air. The Winner and any additional persons participating in the Show Segment 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 additional conditions in order to participate in the Prize(s) or Prize components. The Winner and any additional persons participating in the Show Segment 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 Winner (if applicable). The Winner and/or any additional persons participating in the Show Segment will not receive compensation regardless of whether any taped segment, Statement/Photo(s) actually appears on the Show. The Winner and any additional persons participating in the Show Segment must understand, agree and adhere to the following guidelines and requirements:
- a. Portions of the Entry/Statement/Photo(s) and Show Segment featuring the Winner (if applicable) will (or may) be posted online and/or broadcast on the Show (in Sponsor’s sole and absolute discretion).
- b. The Show may impose additional participation, conditions, photographs and video coverage upon Winner’s receipt of the Prize at any time.
- c. 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.
- d. The Show, producer(s) and/or network reserve the right to change, add, delete from, modify or amend the Winner’s Entry/Statement/Photo(s), Show Segment and other experiences and activities.
- e. The Winner and any additional persons participating in the Show Segment are subject to producer's requirements and sole discretion and will may be required to sign a producer’s full standard release and/or any other required documentation.
- f. The Winner and any additional persons participating in the Show Segment fully consent to all requirements stated above as a condition of participation in the Show Segment and/or partaking in any of the Prize components.
8. Rights in Submissions: In consideration of each Nominator/Nominee’s Entry and Material being reviewed and evaluated for this Contest, he/she 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 Nominator/Nominee 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 Nominator/Nominee agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Material.
Each Nominator/Nominee 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 Nominator/Nominee 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 Nominator/Nominee. Each Nominator/Nominee 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 Statement/Photo(s) without limitation worldwide including moral rights). Each Nominator/Nominee, 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 Nominator/Nominee, 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/province/territory, image, likeness, biographical information, voice, Entry Information, and Statement/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) worldwide in perpetuity, unless prohibited by law.
10. 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, 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 Nominator/Nominee 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 Nominator, Nominee or a Contributor to any Entry; acceptance/possession, use/misuse, and/or defects of the Prize(s) or Prize components awarded herein; cancellations, delays or any change by the prize supplier(s), or any other persons providing any components of the Prize(s); cancellations, delays and/or policies that may affect the Winner and/or his/her guest’s travel, or any change by the air carrier(s), lodging facilities, or other company, and/or any other persons providing any components of the Prize for the Winner and his/her guest due to reasons beyond Sponsor’s and/or Contest Entities’ control; typographical errors in the Contest promotional material; fraudulent and unauthorized gift card uses made with lost, stolen or misappropriated gift cards, incomplete and inaccurate gift card database information and canceled gift card uses (if applicable); technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider(s), upload or “Submit” mechanisms; 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 a Nominator/Nominee’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; 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 Nominator/Nominee’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 its parents, subsidiaries and/or affiliated companies/services. Nominator/Nominees 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, expressed 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. Nominators 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 Nominator/Nominee 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.
11. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of the Prize(s), 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 Nominator/Nominee(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 Nominator/Nominee agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Nominator/Nominee 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 a Nominator/Nominee be entitled to awards. Each Nominator/Nominee 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.
12. Official Rules/Official Winner Information: To receive a copy of the Official Rules or the Winner Information, send a self-addressed stamped envelope to: LIVE’s Holiday Wish List Contest “Rules” or “Winner” (specify which), P.O. Box 6375, Burbank, CA 91510. The Winner Information will be available after December 15, 2017. Winner may also be posted on the Websites. All requests must be received by January 22, 2018. The Official Rules will be posted on the Websites during the Contest Period.
13. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
14. Contest Administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. The Contest Administrator is not the supplier or guarantor of the Prize(s).
©2017-2018 ESG. Nominators/Nominees may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.