LIVE’s Top Fitness Instructor Voting Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC, CANADA AND WHERE PROHIBITED BY LAW.
1. Eligibility: LIVE’s Top Fitness Instructor Voting Sweepstakes is open to persons eighteen (18) years of age or older as of the date of entry; 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 have voted for his/her favorite “Top Fitness Instructor” via one of the web sites (listed below). 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. Employees and agents of American Broadcasting Companies, Inc. (“ABC”), LIVE with Kelly & Michael (“LIVE”) (hereinafter collectively referred to as “Sponsors”), The Walt Disney Company, WABC-TV, Disney *ABC Domestic Television (DADT), Emergen-C, Pfizer Inc., Sweepstakes administrator, their respective advertising and promotion agencies, and those involved in the production, development and handling of the Sweepstakes, their respective agents, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively “Sweepstakes Entities”) and members of their immediate families (parents, children, siblings, spouses, domestic partners) and/or persons living in the same household as such persons, whether related or not, are ineligible to enter Sweepstakes.
2. How to Enter: Starting on May 30, 2014 at 10:00 a.m. Eastern Time (“ET”) and ending at 6:00 p.m. ET on June 1, 2014 (“Sweepstakes Period”) prospective entrants can visit the LIVE with Kelly & Michael web sites at www.LIVEKellyandMichael.com or www.facebook.com/LIVEKellyandMichael (“Web Sites”) and select the Sweepstakes “Top Fitness Instructor” vote image that will open the voting entry page. Each entrant must follow the online instructions and “submit” his/her Top Fitness Instructor “Vote” and select the check box to submit the following entry information in order to enter the Sweepstakes: first name, last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, email address and daytime telephone number (“Entry Information”) to receive one (1) entry into the Sweepstakes (“Entry”). Submitting a Vote without the Sweepstakes Entry Information and check box selection will not result as a valid or accepted entry into the Sweepstakes. All required Entry Information must be completed in full and must be accurate, current, true and valid. The Entry Information must match the information of the entrant that completed the act of physically entering the Sweepstakes. If an entrant is deemed a minor in his/her jurisdiction of residence and resides in Alabama or Nebraska in the U.S. or is a resident of the province of Newfoundland and Labrador, New Brunswick, Northwest Territories, Nova Scotia, Nunavut, or the Yukon in Canada and is under 19 years of age; or is a resident of Mississippi under 21 years of age (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Sweepstakes or submitting any personally identifiable information. Entries must be received by 6:00 p.m. ET on June 1, 2014. Limit one (1) Entry/Vote per person/per email address per day during the Sweepstakes Period. If a participant opts to enter from Facebook, he/she must understand that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook and Facebook is completely released of all liability by each participant in this Sweepstakes. Sponsor has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. Each participant understands he/she is providing his/her information to the Sponsor and not to Facebook. Entries by the same person in excess of the limits stated herein will be disqualified.
Votes and Entries must be made by an individual, not a group, company and/or part of a voting exchange and such Votes and Entries will be disqualified. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, logins or any other methods, including but not limited to commercial contest/sweepstakes subscription notification and/or entering services, will void that entrant’s entries and that entrant may be disqualified. Once an email address has been registered by an entrant, that email address cannot be used by any other person at the Web Sites. No other person may use or share the same email address at the Web Sites and, he/she must be deemed the person who physically completed the act of entering. MULTIPLE ENTRIES BY THE SAME PERSON IN EXCESS OF THE LIMITS STATED HEREIN WILL BE DISQUALIFIED. Proof of delivery or receipt of an Entry will not be deemed by Sponsors as proof of Entry. Any attempted form of Entry other than as described herein is void. Final eligibility for the award of the prize is subject to eligibility verification as set forth below. THE WEBSITES AND ENTRY PROCESS MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF AN ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS THE WEBSITES AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER. Sponsors’ computer shall be the official clock for purposes of the Sweepstakes.
3. Prizes/Odds of Winning: Ten (10) Prizes will be awarded: Each prize winner will receive a one (1) year supply of Emergen-C that will be awarded in twelve (12) boxes, each containing thirty (30) packets of Emergen-C. Actual flavor(s) to be selected in Sponsor’s sole discretion (“Prize”). The total Approximate Retail Value of the Prize: $128.32 USD. The total ARV of the Prizes: $1,283.20. If a winner is a resident of Canada, he/she will be awarded a cash substitution for the exact amount of the Prize. Odds of winning a Prize depends on the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) Prize per person/per household. Prior to partaking in the Prize, each winner should be in both good physical condition and also good mental health. Furthermore, each winner should consult with his/her primary health care provider prior to partaking any nutritional supplement or health regimen. Statements relating to the Prize have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, treat, cure, or prevent disease. Prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions. Prize(s) cannot be combined/exchanged with any other offer. Sponsors may, in its sole discretion choose to substitute a prize (or prize component) of equal or greater value due to Prize unavailability or for any other reason. Prize and Prize notification will be shipped to U.S., D.C. and Canada (excluding Quebec) addresses only to the address entrant provided in his/her Entry Information. All federal, state, provincial and/or other taxes are the sole responsibility of each Prize winner. Any depiction of the Prizes or prize components, in Sweepstakes materials or otherwise, are for illustrative purposes only. Sweepstakes Entities are not responsible for any diversions or substitutions, or any act or omission whatsoever with respect to the prizing. Final eligibility for the award of a Prize is subject to eligibility verification as set forth below.
4. Drawing and Notification of Winners: Potential winners will be randomly selected from all eligible Entries received in a drawing to be held on or about June 9, 2014 (“Drawing Date”) in Burbank, CA by the Sweepstakes administrator, an independent compliance organization. Potential winners (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by mail at the address listed on his/her Entry on or about six (6) weeks of the Drawing Date. If a potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her Prize notification documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and an alternate potential winner will be selected in Sponsors’ sole discretion. If a Canadian resident is selected as the potential winner, he/she must correctly answer a time based, mathematical skill-testing question administered by telephone without assistance or mechanical or electronic aid to be eligible for a Prize.
6. Disclaimers: 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, bot 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, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. Once submitted, Entries become the sole property of the Sponsors and will not be returned. The winners and entrants in this Sweepstakes agree to release the Sweepstakes Entities and their respective agencies, officers, directors and employees or other company, service provider or any other persons providing the Prize (or prize component) from any and all liability/responsibility with respect to the Prizes awarded due to reasons beyond Sponsors and/or Sweepstakes Entities control (including without limitation any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry Information; answers to Canadian skill testing questions. acceptance/possession, use/misuse, and/or defects of the Prize (or prize component) awarded herein; any technical malfunctions of the telephone network, satellite, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes, the Web Sites or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, or elements of the Sweepstakes and/or even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, 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 any entity (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 Sponsors, or (3) by any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities. The failure of the Sponsors 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 the Sponsors (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
7. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (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 New York 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 New York, New York. The arbitrator shall be selected by mutual agreement of Sponsors and the entrant or participants 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). Entrants agree that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agree 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 and in no event will entrants be permitted to obtain attorneys' fees or other legal costs; and, under no circumstances, will an entrant be entitled to awards for and 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.
8. Rules/Winners’ List: To receive a copy of the Official Rules or the Winners’ List, send a self-addressed stamped envelope to: LIVE’s Top Fitness Instructor Voting Sweepstakes “Rules” or “Winners’ List” (specify which), P.O. Box 5452, Burbank, CA 91510. Official Winners’ Information will be available after June 9, 2014. All requests must be received by August 1, 2014.
9. Sponsors: American Broadcasting Companies, Inc., 77 West 66th Street, 16th Floor, New York, New York 10023; LIVE with Kelly & Michael, 7 Lincoln Square, New York, New York 10023.
10. Sweepstakes administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of the Prizes.
Official Rules ©2014 ESG. Entrants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.