LIVE’s Dunk Your Way to $10K Contest
NO PURCHASE NECESSARY TO ENTER OR WIN.
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 Dunk Your Way to $10K Contest (“Contest”) begins on February 20, 2017 and ends on February 24, 2017, which is the date the grand prize winner will be announced (“Contest Period”). The Contest consists of a skill based competition whereby an entrant will submit an essay, thirty (30) words or less in length, describing the most creative way he/she would dunk an Oreo cookie (“Essay”). Entrants are not required to dunk a cookie or obtain a cookie to participate, but rather, entrants should describe how he/she would CREATIVELY dunk an Oreo. No purchase of an Oreo product or any product is necessary in order to enter. 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 open only to persons eighteen (18) years of age or older as of the date of entry, who are legal residents of the fifty (50) states of the U.S., the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) or legal residents of Canada (excluding the province of Quebec), and who are physically located therein. Entrants must have either a valid U.S. Social Security number or a valid Social Insurance number for Canadian residents. If an entrant is a resident of a jurisdiction that deems him/her to be a minor (defined below) he/she must obtain parental/legal guardian consent prior to entering the Contest and/or submitting any personally identifiable information. For the purposes of this Contest, a minor is defined as a resident of Alabama or Nebraska in the U.S., or a resident of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut or the Yukon in Canada who is under nineteen (19) years of age; or a resident of Mississippi who is under twenty-one (21) years of age (“Minor”). Employees of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Companies, Inc., WABC-TV, the LIVE with Kelly television show (“Show”), Disney *ABC Domestic Television, Mondelēz Global, LLC, 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 (spouses, 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. Essay Agreement and Requirements: Each Entrant and his/her Essay must adhere to the following guidelines and requirements:
- a. The Essay must be in the English language and should not exceed thirty (30) words. If the Essay exceeds thirty (30) words, only the first thirty (30) words will be judged.
- i. Each component word in a string of hyphenated words will be counted individually (e.g. “not-too-distant” counts as three words, not one).
- ii. Contractions count as one word (e.g. “We’ll”).
- b. The Essay must be wholly original and be the Entrant’s own creation, and Entrant warrants that he/she has secured all necessary rights relating to its use and the use of the content.
- c. The Essay cannot contain the first name, last name, phone number(s), address, email address of the Entrant or any other person and no Entry from a group or organization is accepted.
- d. The Essay 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.
- e. The Essay 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.
- f. The Essay must not include language, phrases, quotations, (or references to) trademarks, logos, artwork, products or brand names (not owned or licensed by the Sponsor or its affiliates) belonging to or copyrighted by third parties.
- g. The Essay must not contain any unsolicited or unauthorized advertising, promotional references, or any other form of solicitation.
- h. The Essay must not contain any elements that: (a) 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.
- i. The Essay must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
- j. The Essay 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.
- k. All legal responsibilities under these 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 Essay that does not adhere to the above criteria, 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.
- IF APPLICABLE, ANY ENTRY POSTED ON THE WEBSITE ONLINE OR BROADCAST ON THE AIR REPRESENT 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 ENTRIES SUBMITTED. SPONSOR WILL REVIEW/EDIT THE ENTRIES PRIOR TO POSTING ANY PORTION THEREOF ON THE WEBSITE FOR THE CONTEST AND/OR BROADCASTING ON-AIR. SPONSOR RESERVES THE RIGHT NOT TO POST OR BROADCAST, AND MAY DISQUALIFY ANY ENTRY THAT IS IN VIOLATION OF THE RESTRICTIONS AND GUIDELINES SET FORTH IN THESE OFFICIAL RULES OR IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 5) AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION. POSTING OR BROADCASTING AN ENTRY HAS NO IMPACT ON JUDGING, AND THERE IS NO PUBLIC VOTING IN THIS CONTEST.
5. Judging: All eligible Contest Entries received during the Entry Period will be judged by Sponsor and/or its representatives (“Judges”), who will select one (1) Entrant whose Essay receives the highest score (based on the judging criteria listed below). The Entrant that submitted the Entry with the highest score, as determined by the Judges, will be deemed the “Grand Prize Winner” subject to verification of eligibility and compliance with the Official Rules. The Essay will be judged based on the following criteria: (1) Originality/Creativity (50%); (2) Entertainment Value (30%); and (3) Writing Composition/Quality (20%) (collectively, “Judging Criteria”). Each Essay will receive a score based on the Judging Criteria for a maximum of up to one-hundred (100) points. In the event of a tie, the Entrant whose Essay received the higher score for “Originality/Creativity” category will be declared the Grand Prize Winner. In the event of a further tie, the Entrant whose Essay received the higher score for “Entertainment Value” will be declared the Grand Prize Winner. In the event of a further tie, Sponsor in its sole discretion shall bring in an additional Judge to break the tie by evaluating the tied Entries using the Judging Criteria.
6. Notification of Grand Prize Winner: The potential Grand Prize Winner (or his/her parent/legal guardian if the potential Grand Prize Winner is a Minor in his/her jurisdiction) will be notified by telephone or email at the phone number/email address listed on his/her Entry on or about February 23-24, 2017. If the potential Grand Prize Winner cannot be reached after a reasonable effort using contact information provided with the Entry Information within a three (3) day period, such potential Grand Prize Winner will be disqualified, and the next highest scoring Entrant 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 an alternate potential Grand Prize Winner will be selected (in Sponsor’s sole discretion). If a Canadian resident is selected as a potential winner, he/she may be asked to correctly answer a time based mathematical skill testing question administered during the aforementioned notification call/email to be eligible for the prize.
7. Grand Prize: One (1) Grand Prize will be awarded in the Contest: The Grand Prize winner will receive ten thousand ($10,000) U.S. dollars (“USD”) awarded in the form of a check (“Grand Prize”). The Approximate Retail Value (“ARV”) of the Grand Prize: $10,000 USD. Prize is non-refundable, non-endorsable and non-transferable. Grand Prize and prize notification will be shipped to U.S. or Canadian addresses (excluding Quebec) only. All federal, state, provincial and/or other taxes are the sole responsibility of the Grand Prize Winner. Grand Prize Winner will receive an IRS Form 1099 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.
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, the Essay submitted to Sponsor, and to make derivative works from such Essay. 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.
Each Entrant and the Grand Prize Winner (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 and the Grand Prize Winner (or his/her parent/legal guardian if he/she is a Minor) also grant to the Contest Entities permission to use the following information: his/her full name, city, state, image, likeness, biographical information, voice, Entry Information, and Essay for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including on-air broadcasts and posting on the Website) worldwide in perpetuity, unless prohibited by law.
Sponsor has the right to modify, adapt, electronically alter, use, assign and/or dispose of such Entry(s) and Essay however it sees fit and for any purpose without any notice or compensation to an Entrant or any third parties. If the Sponsor opts to select a number of Essays entered in the Contest to be broadcast on the Show, the Entrant may be required to sign an “On-Air Release” prior to such usage. If an Entrant’s Essay is selected for broadcast, he/she is not considered a potential Grand Prize Winner and his/her Entry has no advantage over any other, nor will said Entrant receive a prize or compensation.
9. General Conditions: The Contest is subject to all applicable federal, state/provincial and local laws, and to these Official Rules (collectively “Rules and Laws”). By participating, each Entrant agrees to be bound by these Rules and Laws and the decisions of the Sponsor/Contest administrator, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless the Contest Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Contest, including but not limited to, the acceptance, possession, use, or misuse of the Grand Prize; and to release all right to bring any claim, action, or proceeding against the Contest Entities. The potential Grand Prize Winner (or his/her parent/legal guardian if the potential Grand Prize Winner resides in a jurisdiction that deems him/her to be a Minor), will be required to complete and sign an On-Air Release within forty-eight (48) hours of receipt. In addition, the potential Grand Prize Winner (or his/her parent/legal guardian if 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 and will be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release, and a Publicity Release and any other documentation that the Contest administrator, Sponsor and/or prize supplier may require (collectively, “Affidavit/Release”) within five (5) days after receipt or potential Grand Prize Winner may be disqualified. If the potential Grand Prize Winner fails to sign and return the Affidavit/Release within the required time period (as stated above), such potential Grand Prize Winner forfeits any Grand Prize eligibility, and an alternate potential Grand Prize Winner may be selected in Sponsor’s sole discretion. The Grand Prize Winner may be requested to email or fax his/her signed Affidavit/Release due to production exigencies and/or if the Show requires the Affidavit/Release prior to the winner announcement. The Grand Prize Winner will be provided a FedEx account number for the return of the original documents. By completing an Affidavit/Release, the Grand Prize Winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If the Grand Prize Winner is a Minor, his/her Grand Prize will be awarded in the name of his/her parent/legal guardian.
If for any reason, the Contest is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Contest or any portion(s) thereof and instruct the Contest administrator to judge the Contest Entries and award the Grand Prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Grand Prize in a manner that is fair and equitable, as determined by Sponsor in its sole discretion, and notice of such action will be posted on Sponsor’s Web Site. 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 Contest; 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 in any way tamper with this Contest will be ineligible for the Grand Prize and may be prosecuted to the full extent of the law. 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. The “authorized account holder” is deemed the natural person who is assigned to an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner 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.
10. Disclaimers: The 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 (including the Essay) that are illegible, late, 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 each of the 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 who submitted an Entry; acceptance/possession, use/misuse, and/or defects of the Grand Prize awarded herein; cancellations, delays or any change by the prize supplier(s), or any other persons providing the Grand Prize; 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; interruption or inability to access the Contest, the Website, banners, 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 the 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, handheld device and/or telephone relating to or resulting from entering, uploading the Essay, downloading an APP, materials and/or software in connection with this Contest. The Contest Entities shall not be liable for any injury, damage, loss, expense, accident, death, delay, inconvenience or irregularity that may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by 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) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. 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 Grand 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 (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 a player be entitled to awards for and player 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/Winner Information: To receive a copy of the Official Rules or the Grand Prize Winner Information, send a self-addressed stamped envelope to: LIVE’s Dunk Your Way to $10K Contest “Rules” or “Winner” (specify which), P.O. Box 6735, Burbank, CA 91510. Winner Information available after February 24, 2017. All requests must be received by April 24, 2017. Official Rules will be posted on LIVE’s Website 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 Grand Prize.
©2017 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.