Live’s Check Meow-t Video Contest
OFFICIAL RULES 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: LIVE’s Check Meow-t Video Contest (“Contest”) begins on January 15, 2018 at 10:00 a.m. Eastern Time (“ET”) and ends on January 25, 2018 at 12:00 noon ET (“Entry Period”). The Contest consists of a skill based competition whereby an entrant (defined below in section 3) will submit a video depicting his/her cutest cat video (“Video”). Five (5) finalist Videos (“Finalist Video(s)”) will be selected based on the judging criteria (defined below in section 5) and posted online. Each Finalist Video will be subject to online public voting (as more fully described in section 6) which will determine the winner (defined below in section 6). For all purposes of this Contest, the Sponsor’s (defined below in section 2) computer is the official clock and all times refer to ET.
2. Eligibility: The Contest is only open to persons who are permanent legal residents of the fifty (50) states of the U.S. and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are 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. (“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, cable operators, prize suppliers, any other person or entity associated with the Contest (collectively "Contest Entities") and/or members of their immediate families (i.e. a spouse, domestic partner, child, sibling, parent) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
4. Entry/Material Agreement and Requirements: The Entrant (and/or a Contributor) must not be a professional videographer or editor. For purposes of this Contest, a professional is an individual who receives payment for his/her videographer or editorial services. Each Entrant and his/her Entry/Video (collectively “Material”) must adhere to the following guidelines and requirements:
a. The cat depicted in the Video must be the Entrant’s own pet and the Video must be Entrant’s own personal ‘creation’.
b. The Video submitted must not exceed 50 MB and must be in one (1) of the following video file formats: ash, asx, avi, divx, dv, dvx, m4v, mov, mp4, mpeg, mpg, qt, wmv, 3g2, 3gp, 3ivx, 3vx.
c. Submission must be a minimum of ten (10) seconds and a maximum of thirty (30) seconds.
d. Sponsor in its sole discretion has the right to disqualify any Video that exceeds thirty (30) seconds or judge only the first thirty (30) seconds of the Material.
e. By submitting the Material, each Entrant warrants that he/she has secured all necessary rights relating to the use of the Video and/or a Contributor(s) (if applicable).
f. If the Video includes any music, it must be solely owned and/or have been composed by the Entrant and not belong to any third party.
g. The Video must not contain the first name, last name, phone number(s), address, website, email address, and/or any other personal information of the Entrant (or any other person).
h. No Entry from a group or organization is accepted.
i. The Video 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.
j. The Video 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.
k. The Video 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.
l. The Video must not contain any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.
m. The Video must not contain any elements that: (if) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; (ii) encourages or provides instructional information about illegal activities; or (iii) encourages acts of violence or dangerous stunts/behavior.
n. The Video must not disparage the goodwill or business reputation of the Sponsor.
o. The Video must not contain any references to alcohol, tobacco, drug paraphernalia, firearms or any description or representation thereof.
p. The Video 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.
q. If another person that the Entrant personally knows appears in the Video or has contributed to the Video as a videographer or editor, the Entrant must obtain permission from that Contributor for his/her “Contribution” to be used.
r. If a Minor is a Contributor to the Video (or is under the age of eighteen (18) in the remaining forty-seven (47) states in the U.S. or the remaining six (6) provinces in Canada), the Entrant must be the age of majority and the Minor’s parent or legal guardian.
s. 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 (defined in section 5 below) or is otherwise in violation of these Official Rules as determined by the Sponsor in its sole and absolute discretion.
ANY MATERIAL POSTED ON THE WEBSITES OR BROADCAST ON THE AIR REPRESENTS SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF THE MATERIAL SUBMITTED. SPONSOR MAY REVIEW/EDIT THE MATERIAL PRIOR TO USING ANY PORTION THEREOF ON THE WEBSITES AND/OR BROADCASTING ON-AIR. SPONSOR RESERVES THE RIGHT NOT TO POST OR BROADCAST ANY MATERIAL SUBMITTED. POSTING OR BROADCASTING THE MATERIAL HAS NO IMPACT ON JUDGING.
5. Finalist Judging and Determination: On weekdays beginning on or about January 15, 2018 at 11:00 a.m. ET and continuing until on or about January 25, 2018 at 1:00 p.m. ET during business hours (“Judging Period”), all eligible Videos will be judged by representatives of the Show (“Judges”) whose decisions are final and binding in all respects. Each individual eligible Video will be judged according to the following judging criteria and scoring system: 1) Originality (25%); 2) Quality of Video (25%); 3) Entertainment Value (25%); and Uniqueness (25%) (collectively “Judging Criteria”). Each Video will receive a score based on the Judging Criteria for a maximum of up to one-hundred (100) points. The five (5) Videos that receive the highest scores based on the Judging Criteria will move onto the public voting stage (defined below) and the Entrant associated with each Video will be deemed a finalist subject to written verification of eligibility and compliance with these Official Rules (“Finalist(s)”). In the event of a tie, the Entrant whose Video received the higher score for "Originality” will be declared a potential Finalist. In the event of a further tie, the Entrant whose Video received the higher score for "Quality of Video” will be declared a potential Finalist. In the event of a further tie, the Entrant whose Video received the higher score for "Entertainment Value” will be declared a potential Finalist. In the event of a further tie, Sponsor in its sole discretion shall choose the Finalists based on an evaluation of which Video is superior overall taking all Judging Criteria into consideration. Judges have the right, in their sole discretion, not to select five (5) Finalists based on an insufficient number of eligible Entries received.
6. Winner Determination/Public Voting: Starting on January 26, 2018 at 10:00 a.m. ET to January 29, 2018 at 4:00 p.m. ET (“Public Voting Period”), up to five (5) Finalists will have each of their Videos posted online for public voting by the general public (“Voter(s)”). Each Voter can vote based on the Judging Criteria for one (1) Finalist Video (“Vote(s)”) on the Show’s Website, Facebook page, Instagram site, and/or the Show’s Twitter site (see chart below) (“Public Voting”). VOTERS ARE STRICTLY PROHIBITED FROM VOTING BASED ON THE FOLLOWING: RACE, GENDER, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS, DISABILITY, MEDICAL CONDITION, SEXUAL ORIENTATION, CITIZENSHIP, OR ANY OTHER BASIS PROTECTED BY APPLICABLE FEDERAL, STATE, PROVINCIAL, OR LOCAL LAW, ORDINANCE OR REGULATION. Voters must be thirteen (13) years of age or older as of January 26, 2018 and current legal residents of one (1) of the fifty (50) states of the U.S., D.C., or Canada (excluding Quebec).
|#||URL to Visit||Action to Vote|
|1||KellyandRyan.com||(click on “Vote” for your favorite Video)|
|2||Facebook.com/LIVEKellyandRyan||(“Like, Love, Haha or Wow” your favorite Video)|
|3||Instagram.com/LiveKellyandRyan||(“Like” 👍 your favorite Video)|
|4||Twitter.com/LIVEKellyRyan||(click ♥ to “Like” your favorite Video)|
Public Voting will count for 100% of the total score for each Finalist. Sponsor’s tracking and reporting system will account and log the Public Voting score for each Finalist. Each Finalist may vote for his/her own Video and can invite and encourage their friends to vote for his/her own Entry. If it is brought to the attention of Sponsor that a Finalist (or a Voter) has voted using any kind of script, vote rigging, voter exchanges, vote-buying, multiple accounts, repeat re-Tweets, Sharing, or Favoriting from any other platform or posts other than one (1) of the Show’s platforms listed in the chart above, or is otherwise in violation of these Official Rules, his/her Vote(s) will be disqualified. Limit one (1) Vote per person at www.KellyandRyan.com per day during the Public Voting Period. Limit one (1) Vote per person at Facebook.com/LIVEKellyandRyan, Instagram.com/LiveKellyandRyan, and Twitter.com/LIVEKellyRyan during the entire Public Voting Period. All Votes must be received by January 29, 2018 at 4:00 p.m. ET to be counted. Any attempted form of voting other than as described herein shall be null and void. The Finalist who received the highest number of Votes will be deemed the winner (subject to verification of eligibility and compliance with the Official Rules) (“Winner”). In the event of a tie, Sponsor, in its sole discretion, shall choose the Winner based on an evaluation of which Video is superior overall taking all Judging Criteria into consideration. The voting platforms in this Contest, are in no way sponsored, endorsed, administered by or associated with Facebook (as previously mentioned in section 3), Instagram, and Twitter and each platform is completely released of all liability by each Voter in this Contest. Sponsor has no affiliation with Facebook, Instagram, and Twitter and no responsibility for or control of any matters relating to each platform or their accounts. If a Voter opts to Vote on Facebook, Twitter, and/or Instagram, he/she is providing his/her information to the Sponsor and not to these platforms.
7. Finalist and Winner Notification/Verification: Each potential Finalist (or his/her parent/legal guardian if the potential Finalist is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about January 25-26, 2018. Each potential Finalist will be required to complete a telephone eligibility questionnaire administered by Contest Administrator and complete, sign and return an Entrant/Contributor Publicity and Material Release within forty-eight (48) hours of receipt. The Entrant/Contributor Publicity and Material Release will include, among other things, a representation of the Video’s originality, a grant to the Sponsor of all rights to the Video and associated with Video. If a potential Finalist cannot be reached within a forty-eight (48) hour period, is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, such potential Finalist will be disqualified, and the Entrant who received the next highest score will be selected as a Finalist (in Sponsor’s sole discretion). The potential Winner will be required to complete, sign and return an original unmodified Affidavit of Eligibility, a Liability Release and a Publicity Release, an IRS Form W-9 and any other documentation that the Sponsor or Contest Administrator may require (collectively “Affidavit/Release”) within two (2) business days after receipt, or such potential Winner may be disqualified. If the potential Winner fails to sign and return his/her documents within the required time period (as described above), such potential Winner forfeits any prize eligibility, and an alternate Winner may be selected in Sponsor’s sole discretion based on the next highest score received from Public Voting. The potential Winner will be provided a pre-paid FedEx envelope/label for the return of the documents. By completing an Affidavit/Release 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 who must sign the Affidavit/Release on his/her behalf. The Show will announce the Winner on or about February 2, 2018 during that days’ broadcast and/or on the Show’s Websites.
8. Prize: One (1) prize will be awarded in the Contest. Winner will receive a five thousand ($5,000) USD cash prize awarded in the form of a check and he/she will have the opportunity to select a cat/feline rescue non-profit organization and the Producer will award a matching five thousand ($5,000) USD contribution to the Winner’s chosen charity. The non-profit cat/feline rescue organization that the Winner selects for the matching donation must be a verifiable 501 (c) corporation as defined by the IRS (or its equivalent in Canada) as approved in Sponsor’s sole and absolute discretion. All monetary values expressed herein are U.S. dollars (“USD”). The approximate retail value (“ARV”) of the prize awarded to the Winner: $5,000 USD. The prize is not transferable, cannot be combined with any other offer and is subject to stated terms and conditions. All expenses associated with the receipt or use of the prize(s) not specifically mentioned as being included are excluded and are the Winner’s sole responsibility, including but not limited to any applicable custom fees. 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 U.S. winners or U.S. withholding taxes for Canadian winners, if applicable) arising from the Contest 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 portion of the prize. Any depiction of the prize or prize components in promotional materials or otherwise are 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.
11. Disclaimers: Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries and/or Videos that are illegible, late, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules and such Entries/Videos will be disqualified. By entering the Contest, each Entrant agrees and acknowledges that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; disputes over who is the Entrant or a Contributor to any Entry; acceptance/possession, use/misuse, and/or defects of the prize (or prize components) awarded herein; typographical errors in the promotional material; 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/Contest Administrators’ inability to access) the Contest, Facebook, the Websites, the Voting platforms, 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 Contest; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer/mobile phone/tablet/video recorder/recording device, and/or its contents related to or resulting from any part of this Contest or from entering or downloading materials/software in connection with the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, and/or defects or any other error’s or malfunctions, promos, or elements of the Contest; and/or any other errors or malfunctions even if caused by the negligence of one (1) of the Contest Entities. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to: (1) any wrongful, negligent, or unauthorized act or omission on the part of prize supplier(s) or any of its agents, servants, employees, installers or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and/or affiliated companies/services. Entrants further acknowledge that said Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize. 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.
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 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 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 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.
13. Official Rules/Winner Information: To receive a copy of the Official Rules or the Official Winner Information, send a self-addressed stamped envelope to: LIVE’s Check Meow-t Video Contest “Rules” or “Winner” (specify which), P.O. Box 6735, Burbank, CA 91510. The Official Winner Information will be available after February 2, 2018. The Winner may also be posted on the Websites. All requests must be received by March 26, 2018. The Official Rules will be posted on the Websites during the Contest Period.
14. Sponsor: Buena Vista Television, LLC, 500 South Buena Vista Street, Burbank, CA 91521-0224.
15. Contest Administrator: Enteractive Solutions Group, Inc., P.O. Box 7398, Burbank, CA 91510-7398. The Contest Administrator is not the supplier or guarantor of the prize.
©2018 ESG. These Official Rules may only be copied for personal use only and not for any commercial purpose whatsoever. All rights reserved.