LIVE’s After Oscar® Show Watch to Win
NO PURCHASE NECESSARY.
VOID OUTSIDE THE GEOGRAPHIC/VIEWING AREA (DEFINED BELOW)
AND WHERE PROHIBITED BY LAW.
1. Description: The LIVE’s After Oscar® Show Watch to Win (“Sweepstakes”) will be played on February 10, 2020 when viewers are invited to watch the LIVE with Kelly and Ryan After Oscar® Show television program (“Program”) scheduled for broadcast from 9:00 a.m. Eastern Time (“ET”) to 10:00 a.m. ET. Viewers will be invited to answer a question about one of the guests or performers appearing in the second half of the Program. See section 3 below for “How to Enter” with the answer to the question. Only answers that are correct will be included in the random drawing described in section 5 below. Viewers may check local TV listings for the Program schedule in their local viewing area. The Program’s broadcast schedule may be changed or preempted without notice (e.g. due to changes to the production schedule, special announcements, programs that may disrupt normal TV programming, or local station and network programming pre-emptions). In these cases, at the election of the producer(s), the Sweepstakes may be played outside the above-stated date and the corresponding question and answer may be aired on a different date than originally scheduled. The sponsor’s computer shall be the official clock for purposes of the Sweepstakes and all times refer to ET.
2. Eligibility: The Sweepstakes is only open to persons who, as of the date of entry: (i) are a permanent legal resident of the fifty (50) states of the U.S. and the District of Columbia (“D.C.”); (ii) are currently physically located and residing within the Orlando, FL (WESH-TV) geographic viewing area that includes the following counties: Brevard, Flagler, Lake, Marion, Orange, Osceola, Seminole, and Volusia (collectively “Geographic/Viewing Area”); and (iii) are eighteen (18) years of age or older. Entrants must have either a valid Social Security number or valid U.S. Individual Taxpayer Identification Number. Residents outside of the Geographic/Viewing Area are not eligible to enter. Employees of Buena Vista Home Entertainment, Inc. (“Sponsor”), American Broadcasting Companies, Inc., LIVE with Kelly and Ryan (“Show”), WABC-TV, WESH-TV, Disney/ABC Domestic Television, Enteractive Solutions Group, Inc. (“Sweepstakes Administrator”), stations airing the Program/Show, cable operators, streaming services, 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, 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/Odds of Winning: One (1) prize will be awarded in the Sweepstakes. The winner will receive a trip for two (2) to New York, NY consisting of: roundtrip coach class air transportation for the winner and his/her guest from a major commercial airport near winner’s residence to/from New York, NY (actual airport to be determined in Sponsor’s sole discretion); two (2) nights standard hotel accommodations (single room/double occupancy); ground transportation to/from the airport and hotel in NY; VIP admission for the winner and his/her guest to attend the LIVE with Kelly and Ryan Show (“Show Admission”) (actual Show taping or broadcast subject to availability and the Show’s production schedule in Sponsor’s sole discretion); and a two hundred and fifty ($250) dollar gift card for expenses (actual gift card selected in Sponsor’s sole discretion) (collectively “Prize”). The approximate retail value (“ARV”) of the Prize: $3,000. Odds of winning the Prize depends on the total number of eligible Entries received that contain correct answers during the Entry Period. IF THE 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 THE WINNER. The ARV for the trip may vary depending upon the point of departure, destination, fare fluctuation, and if the winner takes the allotted guest. Additional compensation will not be provided if the value of the trip is less than the stated ARV. The guest attending the Show with the winner must be ten (10) years of age or older. If the winner lives within one hundred (100) miles of New York, NY, air transportation will not be provided, but ground transportation (or alternative transportation) may be arranged in Sponsor’s sole discretion. The trip must be completed within one (1) year of notification of winning. The Sponsor reserves the right to award the trip “as is” and to structure travel route and timing of the Show Admission in its sole discretion. No transfer, substitution, or cash equivalent for the Prize (or prize component) is permitted, except that Sponsor in its sole discretion may substitute the Prize or prize component with one (1) of equal or greater value due to Prize unavailability for any reason. In such event, Sponsor will continue to use the value of the original Prize element for purposes of calculating the ARV. If the Show Admission or any other component of the Prize is cancelled, postponed, or is not available during the time of the trip for whatever reason (e.g. weather conditions, event cancellations, Show hiatus, production exigencies or interruptions, etc.), such applicable components of the Prize will be forfeited and no additional or substitute compensation will be provided in lieu thereof and the remaining elements of the Prize shall constitute full satisfaction of Sponsor’s Prize obligation to the winner. The winner and his/her guest must present valid government-issued photo I.D. in order to partake in particular components of the Prize, and meet any other requirements of the airline, hotel, and Show Admission (in Sponsor’s sole discretion), in addition to agreeing to all of the Show production requirements, arrival/departure times, dress code stipulation (casual business attire, no jeans, tank tops, etc.), code of conduct, and/or other requirements/conditions required by the Show, as well as in Sponsor’s and/or prize supplier’s sole discretion. The winner and his/her guest are solely responsible for providing/obtaining all necessary identification and travel documents (e.g. passport or visas if applicable). Failure to provide such documents may result in trip cancellation upon airport check-in. In order to comply with the REAL ID Act (https://www.dhs.gov/real-id), 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. The winner and/or his/her guest must have/present at least one (1) major credit card in good standing in order to check into the hotel. If the 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. The Prize must be accepted with all listed prize components subject to the conditions indicated herein. Once determined, no change, extension or substitution of trip dates is permitted, except by Sponsor in its sole discretion. 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, change fees, or restructuring of a trip are the sole responsibility of the winner. The Prize is subject to air/ground travel availability, hotel availability, holiday and blackout dates, Show taping schedule, and all other Prize and travel restrictions, as applicable. The winner and his/her guest must travel together on the same itinerary. All expenses associated with the receipt or use of the Prize not specifically mentioned as being included (e.g. any requested upgrades or options) are excluded and are the 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, mobile phone roaming fees, internet or wireless services, souvenirs, travel documents, service charges, travel insurance premiums, baggage fees, and other personal expenses. Gift card cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. Prize notifications, documentation, tickets and trip itinerary will only be shipped to an address within the Geographic/Viewing Area described herein. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or award of the Prize will be the sole responsibility of the winner. The winner 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 Prize or prize components, in Sweepstakes materials or otherwise, are for illustrative purposes only. Final eligibility for the award of the Prize is subject to eligibility verification 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 that contain the correct answer in a drawing to be held on or about three (3) days after the Entry Period ends by the Sweepstakes Administrator, an independent compliance organization located in Burbank, CA (“Drawing”). The potential winner 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 three (3) business days from the Drawing date. The potential winner will be required to complete a telephone eligibility questionnaire administered by the Sweepstakes Administrator over the telephone. 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 (collectively, “Affidavit/Release”) and any other documentation that the Sponsor or Sweepstakes Administrator may require (including but not limited to an IRS Form W-9 ) within five (5) business days after receipt, or the potential winner may be disqualified. By completing an Affidavit/Release and telephone eligibility questionnaire, the potential winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. The winner’s guest will be required to sign, have notarized, and return a Liability and Publicity Release (“Guest Release”) and any other documentation that Sponsor and/or Sweepstakes Administrator requires within five (5) business days after receipt by potential winner. If the guest is a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian will be required to sign the Guest Release on his/her behalf, who must be deemed the winner. The potential winner will be provided a pre-paid FedEx envelope/label for the return of the original documents. The potential winner will be disqualified if: (a) he/she cannot be reached; (b) he/she is found to be ineligible; (c) his/her Prize documents are returned as undeliverable; (d) he/she fails to return the Affidavit/Release and Guest Release within the required time period (as stated above); or (e) he/she does not otherwise comply with these Official Rules. If a potential winner is disqualified for any of the aforementioned reasons, an alternate potential winner may be selected (in Sponsor’s sole discretion).
7. General Conditions: The Sweepstakes is governed by these Official Rules and all applicable federal, state, and local laws. By entering the Sweepstakes, entrants agree and acknowledge to be bound by these Official Rules, as well as the decisions of the Sponsor/Sweepstakes Administrator which are final and binding in all respects; to waive any right to claim ambiguity with the Official Rules; to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes or the use of any submitted Entry; and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or tamper with Sweepstakes and may be prosecuted to the full extent of the law and is not eligible for the Prize. Once submitted, Entries become the sole property of Sponsor and will not be returned. By submitting an entry form, entrant confirms the accuracy and veracity of the statements and information contained therein. If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend, or modify the Sweepstakes or any portion(s) thereof and instruct the Sweepstakes Administrator to conduct the Drawing and award the Prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Prize in a manner that is fair and equitable. Notice of such action by the Sponsor will be posted on the Website as well as any applicable social media platforms. In case of a dispute over the identity of an entrant who submitted the winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the entrant. Said person must be the entrant, comply with these Official Rules and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
8. Disclaimers: The Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, 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, entrants agree and acknowledge 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 correct answer; pre-emption/interruption/cancellation of the Program, the Show, promos, or elements of Sweepstakes and/or segment(s) featuring either the question or the correct answer; disputes regarding ambiguous questions and/or disputes over a correct answer to the question; gift card uses made with lost, stolen, misplaced, or misappropriated gift card, incomplete (including inaccurate) gift card database information and canceled gift card uses; disputes over who is the entrant to any Entry; acceptance/possession, use/misuse, and/or defects of the Prize or prize component awarded herein; any technical or mechanical error when posting/uploading a correct answer to the Website; 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); cancellations, delays and/or policies that may affect travel, or any change by the air carrier(s), lodging facilities, ground transportation, or other company or any other persons providing any components of the Prize due to reasons beyond Sponsor’s and/or Sweepstakes Entities’ control; interruption or inability to access (or Sponsor’s/Sweepstakes Administrator’s inability to access) the Sweepstakes, the Website, 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 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; any lost/delayed data transmissions, omissions, interruptions, defects or any other error’s or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize (or prize component), including express warranties provided exclusively by a prize supplier that are sent along with a Prize. 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, independent contractors, or product instructions, (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. WESH-TV and each of their respective officers, directors, agents, and employees will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. WESH-TV has not offered or sponsored this Sweepstakes in any way. 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.
9. 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 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 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.
10. Rules/Winner Information: To receive a copy of the Official Rules or the Winner Information, send a self-addressed stamped envelope to: LIVE’s After Oscar® Show Watch to Win “WESH-TV Rules” or “WESH-TV Winner” (specify which), P.O. Box 6375, Burbank, CA 91510. Winner Information will be available after February 14, 2020. All requests must be received by April 10, 2020. The Official Rules will be posted at the Website during the Sweepstakes Period.
11. Sponsor: Buena Vista Home Entertainment, Inc., 500 South Buena Vista Street, Burbank, CA 91521.
12. Sweepstakes Administrator: Enteractive Solutions Group, Inc., P.O. Box 7398, Burbank, CA 91510-7398. The Sweepstakes Administrator is not the supplier or guarantor of the Prize.
©2020 ESG. These Official Rules may only be copied for personal use and not for any commercial purpose whatsoever. All rights reserved.
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