LIVE’s Pump Up Your Morning! Photo Contest
NO PURCHASE NECESSARY.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Contest Overview: LIVE’s Pump Up Your Morning! Photo Contest (“Contest”) begins on May 29, 2017 and ends on June 13, 2017, which is the last date the entries will be judged (“Contest Period”). The Contest consists of a skill based competition whereby an entrant will submit a “Pump Up Your Morning” photo (“Photo”) to be judged based on the judging criteria described in Section 5 below. For the Contest, the Sponsor will review all Contest entries that meet the eligibility criteria and photo requirements (described in sections 2 and 4 below) and post eligible Photos for public viewing on the Contest gallery which can be accessed from: www.KellyandRyan.com. For all purposes of this Contest the Sponsor’s computer is the official clock and all times refer to Eastern Time (“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 physically located therein, and who are eighteen (18) years of age or older as of the date of entry. Entrants must have either a valid Social Security number, a valid U.S. personal tax identification number and/or a Social Insurance number for Canadian residents. Entrants may opt to enter via Facebook, however, the Contest is in no way sponsored, endorsed, administered by or associated with Facebook and Facebook is completely released of all liability by each entrant in this Contest. The sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. For the purposes of this Contest, if an entrant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska in the U.S., or residents of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada under nineteen (19) years of age; or residents of Mississippi who are between eighteen to twenty-one (18-21) years of age) (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Contest and/or submitting any personally identifiable information. Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Companies, Inc., WABC-TV, LIVE with Kelly and Ryan (“Show”), Disney *ABC Domestic Television, Nature’s Way®, Contest administrator, 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 (spouse, children, siblings, parents, domestic partner) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
4. Entry/Photo Agreement and Requirements: Each Entrant must own the camera equipment used to take the Photo prior to entering this Contest, and no purchase of any camera equipment is required. The Entrant (and/or a Contributor) must not be a professional photographer. Each Entrant and his/her Entry and Photo (“Material”) must adhere to the following guidelines and requirements:
- a. The Photo must be submitted in one of the following formats: .JPG, .JPEG, .PNG or .GIF file.
- b. The Photo must not exceed 1 MB.
- c. The optional caption should be in the English language and it is suggested that the optional caption does not exceed three hundred (300) characters.
- d. The Photo and optional caption must be wholly original and his/her own creation.
- e. Each Entrant warrants that he/she has secured all necessary rights relating to the use of the Material and/or Contributor(s) to the Photo.
- f. The Photo cannot contain the first name, last name, phone number(s), address, website, and/or email address of the Entrant (or any other person) and no Entry from a group or organization is accepted.
- g. The Material 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 Material must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsor in its sole and absolute discretion.
- i. The Material 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 Material must not contain any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.
- k. The Material 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; or (c) encourages or provides instructional information about illegal activities.
- l. The Material must not contain any references to alcohol, tobacco, drug paraphernalia, firearms or any description or representation thereof.
- m. The Material 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.
- n. If an Entrant’s family member or another person that the Entrant personally knows appears in the Photo or has contributed to the Photo (e.g. a non-professional photographer), the Entrant must obtain permission from each Contributor for his/her “likeness” and/or “Contribution” to be used.
- o. If a Minor is a Contributor to the Photo (under the age of eighteen (18) in the remaining forty-seven (47) states in the U.S. or the remaining provinces in Canada), the Entrant must be the age of majority and the Minor’s parent or legal guardian.
- p. Each Entrant represents and warrants that he/she has obtained the permission of each Contributor and that each Contributor has granted the Entrant the rights described in these Official Rules.
- q. All legal responsibilities under these Official Rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian.
- The Sponsor has the right to disqualify any Entrant’s Entry and Material that does not adhere to the above requirements, that is not reasonably pertinent to the judging criteria (described in Section 5 below) or is otherwise in violation of these Official Rules as determined by the Sponsor in its sole and absolute discretion.
- ANY MATERIAL POSTED ON THE WEBSITE(S), BROADCAST ON THE AIR OR APPEARING IN THE CONTEST GALLERY, 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 ENTRIES AND THE MATERIAL SUBMITTED. SPONSOR WILL REVIEW/EDIT THE MATERIAL PRIOR TO USING ANY PORTION THEREOF ON THE WEBSITE(S), CONTEST GALLERY, 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, AND THERE IS NO PUBLIC VOTING IN THIS CONTEST.
5. Contest Judging: On weekdays beginning on or about May 29, 2017 at 10:00 a.m. ET and continuing until on or about June 13, 2017 at 5:00 p.m. ET during business hours (“Judging Period”), all eligible Entry Photos will be judged by representatives of the Show based on the following judging criteria: 1) Compelling Nature of the Photo (40%); 2) Creativity (30%); 3) Composition/Visual Appeal (20%); and Originality (10%) (“Judging Criteria”). Each Photo will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. The top eleven (11) highest scoring Entries based on the Judging Criteria, will be deemed “Finalists.” Among the Finalists, one (1) highest scoring Entry based on the Judging Criteria will be deemed the grand prize winner of the Contest subject to written verification of eligibility and compliance with the Official Rules (“Grand Prize Winner”). In the event of a tie, the Entrant whose Photo receives the higher score for "Compelling Nature of the Photo” will be declared a Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, the Entrant whose Photo receives the higher score for "Creativity” will be declared a Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, the Entrant whose Photo receives the higher score for "Composition/Visual Appeal" will be declared a Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, the Entrant whose Photo receives the higher score for "Originality" will be declared a Finalist or the Grand Prize Winner (as applicable). In the event of a further tie, Sponsor in its sole discretion shall choose a Finalist or the Grand Prize Winner (as applicable) based on an evaluation of which Photo is superior overall taking all categories into consideration. Judges have the right, in their sole discretion, to select fewer than eleven (11) Finalists based on an insufficient number or quality of potential eligible Entries received.
6. Finalist Notification: The potential Finalists (or his/her parent/legal guardian if a potential Finalist is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about June 16, 2017. If a potential Finalist cannot be reached within a five (5) day period, such potential Finalist will be disqualified, and the next highest scoring Entrant will be selected as an alternate Finalist. If a potential Finalist is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her notifications, documents or requirements are incomplete or returned as undeliverable, such potential Finalist will be disqualified, and an alternate potential Finalist who received the next highest score will be selected (in Sponsor’s sole discretion).
7. Grand Prize Winner Notification: The potential Grand Prize Winner will be announced on the Show on or about June 16, 2017. The potential Grand Prize Winner (or his/her parent/legal guardian if the potential Grand Prize Winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about three (3) hours from the time of the announcement on air. If the potential Grand Prize Winner cannot be reached within a five (5) day period, such potential Grand Prize Winner will be disqualified and the next highest scoring Finalist will be selected as an alternate Grand Prize Winner. If the potential Grand Prize Winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her notifications, documents or requirements are incomplete or returned as undeliverable, such potential Grand Prize Winner will be disqualified, and the Finalist who received the next highest score will be selected as the Grand Prize Winner (in Sponsor’s sole discretion).
8. One (1) Grand Prize will be awarded: The Grand Prize Winner will receive a “Health and Wellness Vacation” for two (2) consisting of: round-trip coach class air transportation for winner and one (1) guest to/from a major commercial airport near winner’s residence to an all-inclusive resort in the state of Arizona (actual resort/hotel location and airport near winner’s residence to be determined in Sponsor’s sole discretion); five (5) nights standard hotel accommodations (single room/double occupancy) and the type of all-inclusive package level is selected in Sponsor’s sole discretion); shared ground transportation to/from the airport in the destination city; spa/treatment credits for the Grand Prize Winner and his/her guest who may choose his/her preference of treatment(s) (not to exceed the spa/treatment credit allotment; Grand Prize Winner and his/her guest’s choice of health and wellness activities; and a one (1) year supply of Nature’s Way Alive!® nutritional supplements consisting of the following products: two (2) bottles of Alive!® Men's Energy; two (2) bottles of Alive!® Women's Energy; two (2) bottles of Alive® Men's Gummy Vitamins; two (2) bottles of Alive!® Women's Gummy Vitamins; one (1) bottle of Alive!® Gummies Multi-Vitamin for Children; one (1) bottle of Alive!® Hair, Skin & Nails Multi-Vitamin; two (2) bottles of Alive!® Calcium + D3 Gummies; and one (1) bottle of Alive!® B-Complex Gummies (collectively “Grand Prize”). All prize components to be determined by Sponsor in its sole discretion. The all-inclusive package includes hotel, meals, health and wellness activities and spa/treatment credits. Approximate retail value (“ARV”) of the Grand Prize is: $10,110.58 U.S. Dollars (“USD”).
Ten (10) Finalist Prizes will be awarded: Each Finalist Prize winner will receive a one (1) year supply of Nature’s Way Alive!® nutritional supplements consisting of the following products: two (2) bottles of Alive!® Men's Energy; two (2) bottles of Alive!® Women's Energy; two (2) bottles of Alive® Men's Gummy Vitamins; two (2) bottles of Alive!® Women's Gummy Vitamins; one (1) bottle of Alive!® Gummies Multi-Vitamin for Children; one (1) bottle of Alive!® Hair, Skin & Nails Multi-Vitamin; two (2) bottles of Alive!® Calcium + D3 Gummies; and one (1) bottle of Alive!® B-Complex Gummies. All prize components to be determined by Sponsor in its sole discretion (collectively “Finalist Prize”). The ARV of the Finalist Prize is: $110.58 USD.
Limit one (1) prize per person/family/household. Each winner should consult with his/her primary health care provider prior to partaking any nutritional supplement or health regimen. Statements relating to the Nature’s Way Alive!® portion of the Grand Prize and Finalist Prizes have not been evaluated by the Food & Drug Administration or Health-Canada. These products are not intended to diagnose, treat, cure, or prevent disease. The Sponsor is not liable for any representation made by Nature’s Way Alive!® in relation to the consumption, dosage or any product’s use whatsoever. The Grand Prize Winner and his/her guest must acknowledge and understand that any associated or inherent risk connected with any activity he/she elects to partake in during the Grand Prize trip, is at his/her own risk and Sponsor and the Contest Entities are not liable for any such activities or any issues resulting from such activities including but not limited to spa/treatments, exercise, sports, athletic experiences, health and wellness regimens, or any type of fitness classes. Grand Prize Winner and his/her guest should consult his/her doctor before partaking in such activities. If the Grand Prize Winner or a Finalist Winner is a resident of Canada, the Nature’s Way Alive!® prize will be awarded in the form of a check for the value of $110.58 USD. The Grand Prize trip (including, without limitation, air transportation, and accommodations) must be taken within one (1) year of winning. Air transportation is provided only if the Grand Prize Winner resides more than one hundred (100) miles from the destination city. The Grand Prize trip is subject to air travel and hotel availability, holiday and black-out dates, and all other prize and travel restrictions. If the Grand Prize Winner resides in a jurisdiction that deems him/her to be a Minor, he/she must be accompanied by his/her parent/legal guardian who must be deemed the travel guest. If the Grand Prize Winner’s guest resides in a jurisdiction that deems him/her to be a Minor, he/she must be accompanied by his/her parent/legal guardian who must be deemed the Grand Prize Winner. If any prize component is cancelled or postponed or is not available during the time of the Grand Prize trip for whatever reason (e.g., weather conditions, event cancellations, seasonal constraints, etc.), the prize component portion of the Grand Prize (as applicable) will be forfeited and no additional or substitute compensation will be provided in lieu thereof. The Grand Prize Winner and his/her guest must present a valid government-issued ID in order to partake in the Grand Prize and meet any other identification or travel requirements of the airline, and/or hotel (selected in Sponsor’s sole discretion). The Grand Prize Winner and/or his/her travel guest must have/present at least one major credit card in good standing in order to check into the hotel. If the Grand Prize Winner is a resident of Canada, such Grand Prize Winner and his/her travel guest are solely responsible for obtaining all necessary travel documents including passports and visas. The U.S. State Department requires all international travelers (and for domestic travel in 2018, residents of select states in the U.S.) must 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. The Sponsor reserves the right to structure the travel route in its sole discretion. If the Grand Prize Winner elects to take the trip without a travel guest, the components of the Grand Prize will be awarded in increments/quantities suitable for the actual number of travelers and the Grand Prize Winner will not receive any compensation or substitute/alternate Grand Prize or prize component for the same. No extension or change of travel dates is permitted once the travel dates have been confirmed or booked by the Sponsor. Once air travel tickets are issued, they are non-refundable, non-endorsable and non-transferable. Grand 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 other travel or prize documents. Once travel has been confirmed, any cancelation or change fees or restructuring of the trip are the sole responsibility of the Grand Prize winner. Additional Prize restrictions/conditions may apply. The Grand Prize Winner and his/her guest must travel together on the same itinerary. All expenses associated with the receipt or use of the Grand Prize not specifically mentioned as being included (e.g., any requested upgrades) are excluded and are the Grand Prize Winner’s sole responsibility including, but not limited to: taxes, air transfers, government fees, unspecified ground transportation, unspecified meals, tips, gratuities, hotel incidentals, excursions, unspecified tours, laundry service, local and long distance telephone calls or other communications, mobile phone roaming fees, internet or wireless services, WIFI, souvenirs, gift shop purchases, unspecified spa treatments, spa treatment balances (if the spa treatment selected exceeds the spa credit allowance), outdoor sports or activities, travel documents, service charges, travel insurance premiums, baggage fees, or transportation between Grand Prize Winner’s residence and the departure airport and other personal expenses. The Grand Prize components may not be separated and cannot be redeemed for cash and unused spa credits will not be refunded nor can be redeemed for cash. The ARV for the Grand Prize trip may vary depending upon the point of departure, destination, fare fluctuation, and if the Grand Prize Winner takes a travel guest. Additional compensation will not be provided if the value of Grand Prize trip is less than the stated ARV. If for any reason whatsoever (including, but not limited to, illness, family emergency, personal events, terrorism, labor strikes, weather, or other acts beyond Sponsor’s control), the Grand Prize Winner is unable to travel after all arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize Winner, and there shall be no compensation or prize substitution. Contest Entities are not responsible for any cancelations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Grand Prize. All Grand Prize details/components are selected in Sponsor’s sole discretion. No transfer, cash equivalent or substitution of a prize (or prize components) is allowed except, in Sponsor’s sole discretion, a prize (or prize component) may be substituted with one of equal or greater value. Any prize and prize components cannot be exchanged/redeemed for cash or combined with any other promotion or offer and are subject to stated terms and conditions. Sponsor reserves the right, in its sole discretion, to replace any product with a newer version of same; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. The ARV of the prizes is furnished by the prize suppliers. Prize notifications, documentation, tickets, trip itinerary and/or product shipments will be shipped to U.S., D.C. and Canada (excluding Quebec) addresses only. All federal, state/province, and/or other taxes are the sole responsibility of each winner. Customs and import fees are the sole responsibility of any Canadian prize winner. The Grand Prize Winner will receive an IRS Form 1099 form from the Sponsor for the total ARV, as stated herein, of his/her Grand Prize that he/she won in the calendar year that he/she won. Any depiction of the prizes or prize components, in Contest materials or otherwise, is for illustrative purposes only. Final eligibility for the award of the prizes is subject to eligibility verification as set forth in these Official Rules.
9. Rights in Submissions: In consideration of each Entrant’s Entry and Material being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, royalty-free, 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, for any purpose whatsoever (including without limitation commercial purposes) without any further right of approval. Each Entrant represents and warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of his/her Entry and/or Material will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, anywhere in the world. Each Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Material.
Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, his/her Entry and Material submitted to Sponsor, and to make derivative works from such Material. Each Entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Contest Entities and their assignees and licensees shall have no obligations whatsoever to any Entrant. Grand Prize Winner agrees to irrevocably assign and transfer (non-exclusively) to the Sponsor any and all rights, title, copyright, trademark, proprietary rights, and interest in his/her Entry (including but not limited to his/her Material) without limitation worldwide including moral rights).
Each Entrant, the Grand Prize Winner, each Finalist and/or Contributor(s) (or his/her parent/legal guardian if he/she is a Minor) release the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant, the Grand Prize Winner, each Finalist and/or Contributor(s) (or his/her parent/legal guardian if he/she is a Minor) also grant to the Contest Entities permission to use the following information: full name, city, state, image, likeness, biographical information, voice, Entry Information, and Photo/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 and/or Contest gallery) worldwide in perpetuity, unless prohibited by law.
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 Photos that are illegible, late, corrupted, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed or otherwise not in compliance with these Official Rules and such Entries 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 Finalist Prizes or the Grand Prize awarded herein; cancellations, delays or any change by the prize supplier(s), or any other persons providing any components of the Finalist Prizes or the Grand Prize; delays and/or policies that may affect the Grand Prize Winner and/or his/her guest’s travel, or any change by the air carrier(s), or other company or any other persons providing any components of the Grand Prize for the Grand Prize Winner and his/her guest due to reasons beyond Sponsor’s and/or Sweepstakes Entities’ control; typographical errors in the Contest promotional material; technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, upload or “Submit” mechanisms; internet service provider(s); interruption or inability to access the Contest, Facebook, the Websites, banners, tabs or any online service or link via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an Entrant’s (or any third person’s) computer, mobile/tablet device, and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor’s and/or Contest Entities’ control; service/completion delays or returns; and/or any other errors or malfunctions even if caused by the negligence of one of the Contest Entities. Contest Entities assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, camera, handheld device and/or mobile phone relating to or resulting from entering, uploading a Photo or Entry Information, 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, death, 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 the prize supplier or any of its agents, servants, employees, installers or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and/or affiliated companies/services. Entrants further acknowledge that said Contest Entities have neither made nor are in any manner responsible or liable for any warranty, except for the express standard limited warranties provided solely by the prize supplier(s), representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with the prize products or services. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
12. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of the Grand Prize and Finalist Prizes, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation, shall be governed by and construed in accordance with the substantive laws of the 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 (collectively the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys' fees; and, under no circumstances, will an Entrant be entitled to awards. Each Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
13. Official Rules/Official Winners’ List: To receive a copy of the Official Rules or the Official Winners’ List, send a self-addressed stamped envelope to: LIVE’s Pump Up Your Morning! Photo Contest “Rules” or “Winners” (specify which), P.O. Box 6375, Burbank, CA 91510. The Official Winners’ List will be available after June 16, 2017. All requests must be received by August 16, 2017. 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: ESG, P.O. Box 7398, Burbank, CA 91510-7398. The Contest administrator is not the supplier or guarantor of the Grand Prize or Finalist Prizes.
©2017 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.