LIVE’s Top Fitness Instructor Rules
NO PURCHASE NECESSARY.
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. Overview: The LIVE’s Top Fitness Instructor ("Contest") begins on April 14, 2014 and ends on June 2, 2014 (“Contest Period”). The Contest consists of a skill based competition whereby an entrant will submit a photo and essay of himself or herself (or a family member or another person that the entrant personally knows) containing why he/she is a “Top Trainer.” The Sponsor will judge all Contest entries and select five (5) finalists who will have an opportunity to fly to New York, N.Y., to be featured in a segment on the LIVE with Kelly and Michael Show. The finalists will then be judged by the general public from 10:00 a.m. Eastern Time (“ET”) on May 30, 2014 to 6:00 p.m. ET on June 1, 2014 (“Public Voting Period”), who will determine the grand prize winner of the Contest. For all purposes of this Contest, the Sponsor’s computer is the official clock and all times refer to ET.
2. Eligibility: The Contest is only open to persons 18 years of age or older as of the date of entry who are permanent legal residents of the 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 permanent legal residents of Canada (excluding the province of Quebec) who are physically located therein. 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. Sponsor (defined below) has no affiliation with Facebook and no responsibility for or control of any matters relating to Facebook or Facebook accounts. In order to be able to be deemed a finalist and/or the grand prize winner, contestant(s) must be available to travel to New York, N.Y. on or about May 21, 2014 to on or about May 30, 2014 (actual travel dates to be selected in Sponsor’s sole discretion and per Show’s production schedule). 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 19 years of age; or residents of Mississippi who are between 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. 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 of Buena Vista Television, LLC (“Sponsor”), American Broadcasting Company, Inc., WABC-TV, LIVE with Kelly and Michael (“Show”), Disney *ABC Domestic Television, 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 partners) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
3. How to Enter: Participants can enter the Contest online or by mail starting on April 14, 2014 at 9:00 a.m. ET and ending on April 25, 2014 at 6:00 p.m. ET (“Entry Period”). Participants may submit an entry (as described below) about himself/herself or nominate another person. A nominator may submit an entry with the permission of his/her nominee, but a nominator will not be eligible for a prize. Any additional contributor (as defined below) to the photo/essay submitted would not be eligible for a prize unless he/she is deemed the contestant. The contestant is deemed to be the person (entrant or nominee) who is the “subject” of the entry and all of its submission components (“Contestant”) and each entry must comply with all Contest eligibility requirements as set forth in these Official Rules as well as comply with the Photo/Essay Agreement and Requirements stated in section 4.
To enter online: Participants can enter the online by clicking on a Contest web banner on the LIVE with Kelly & Michael website located at www.livekellyandmichael.com (“Live Website”) or members of Facebook can log in to Facebook and visit the LIVE with Kelly & Michael Facebook Page located at http://www.facebook.com/LIVEKellyandMichael (“FB Website”). Regardless of which Website a participant selects the banner to enter, he/she will be prompted to follow the online instructions to complete the entry form.
Information required on the entry form consists of: a. Contestant’s first name, last name, street address, city, state/province, zip/postal code, daytime telephone number, email address, gender, date of birth and a URL link to a video and/or or Entrant/trainer’s web site (optional);
b. Contestant’s photo depicting his her “Top Trainer” image or fitness style (“Photo”);
c. Essay (up to 800 words/4000 characters or less written in the English language) describing the Contestant’s class/fitness program or fitness routine and the ways that the Contestant is a “top fitness trainer or instructor”. Include what makes the fitness instructor incredible, amazing, professional; how the trainer may have inspired others to adopt a healthy lifestyle and/or fitness program; and what makes his/her fitness program unique. The essay should also include any certifications, qualifications, credentials and/or or biographical information on the Contestant (“Essay”).
d. If the Contestant was nominated, the following information will also be required: Nominee’s first name, last name, street address, city, state/province, zip/postal code, daytime telephone number, email address, gender and date of birth.
To enter by mail: On a postcard or piece of paper (no larger than 8” x 10”), legibly hand-print the complete Entry Information listed above for Contestant and Nominator (if applicable); provide the Contestant’s Photo (not to exceed 8” x 10”); provide an Essay about the Contestant as described above (up to 800 words or less written in the English language); and mail together in an envelope (no larger than 9” x 12”) with proper postage affixed to: LIVE’s Top Fitness Instructor, Ansonia Station, P.O. Box 234107, New York, N.Y. 10023 (“Mail Entry”). Each entrant and his/her Entry must comply with all Contest eligibility requirements as set forth in these Official Rules as well as comply with the Photo/Essay Agreement and Requirements stated in section 4.
Limit one (1) Online Entry and one (1) Mail Entry per person (collectively “Entries”). Entries must be received by 4/25/2014 at 12:00 noon ET for Mail Entries and 6:00 p.m. ET on for Online Entries. All required Entry Information must be completed/provided in full. Entrants who enter on the FB Website understand that he/she is providing his/her information to the Sponsor and not to Facebook. The Entry Information must match the information of the entrant that completed the act of physically entering the Contest. Entries by the same person in excess of the limits stated herein will be disqualified. Entrants can only participate in the Contest under one email address. Once an email address has been submitted (or registered) by an entrant, that email address cannot be used by any other person for the purposes of this Contest and he/she must be deemed the person who physically completed the act of entering. Proof of delivery or receipt of Entries will not be deemed by Sponsor as proof of Entry. Any attempted form of Entry other than as described herein is void. Final eligibility for the award of a prize is subject to eligibility verification as set forth below. MULTIPLE ENTRIES BY THE SAME PERSON IN EXCESS OF THE LIMITS STATED HEREIN (AND/OR SUBMITTED ONLINE USING MULTIPLE MEMBER OR FACEBOOK ACCOUNTS), WILL BE DISQUALIFIED. THE ENTRY WEBSITES AND ENTRY BANNERS 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 WEB SITE AND ENTER FROM A DESKTOP OR LAPTOP COMPUTER.
4. Photo/Essay Agreement and Requirements: Each participant must own the camera equipment used to take the Photo prior to entering this Contest and no purchase of any equipment is required. Photo of the Contestant must not be taken by a professional photographer (see contributor details below). Contestant’s Photo/Essay must adhere to the following guidelines and requirements:
a. Online Photo must be in either a .JPG, .JPEG, .PNG or .GIF file and be of the Contestant only.
b. Photo must not exceed 1 MB (for Online Entries) and not exceed 8” x 10” (for Mail Entries)
c. Essay must not exceed 4,000 characters (for Online Entries) or up to 800 words (for Mail Entries) and be written in the English language.
d. Photo/Essay must be truthful, wholly original, be the entrant’s/Contestant’s own creation and warrant that he/she has secured all necessary rights relating to its use and the use of the content.
e. Photo cannot contain the first name, last name, phone number(s), address, email address of the Contestant or any other person.
f. Photo/Essay must not have been previously (or currently) entered in any competition or contest or won any award prior (and during his/her) submission in this Contest and Photo/Essay must not have been previously published, performed or otherwise exhibited.
g. Photo/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.
h. Photo/Essay must not include materials (language, phrases, quotations, logos, trademarks, artwork, or products or brand names not owned or licensed by the Sponsor or its affiliates) etc.), belonging to or copyrighted by third parties.
i. Photo/Essay must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
j. Photo/Essay must not contain any material 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.
k. Photo/Essay must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
l. Photo/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.
m. The Sponsor may opt to select some Photos entered in the Contest to be broadcast on the Show and will require a signed “On Air Release” prior to such usage. Contestants whose Photos were selected for broadcast are not considered a Finalist or a potential prize winner and his/her Entry has no advantage over any other.
n. Entrant/Contestant/Nominator (if applicable) represents and warrants that he/she has obtained permission of any other person who has contributed to (e.g. non-professional photographer) to the Photo and/or Essay (each a “Contributor”) and that each Contributor has granted the entrant the rights described in these Official Rules. In the event that any Contributor is deemed to be a Minor, entrant warrants and represents that he/she is the parent/legal guardian of such Minor and as such granted his/her permission for said Minor to participate in the Photo/Essay and permits the use of such Minor’s name, likeness, biography, actions and contributions. All legal responsibilities under these rules of any person deemed to be a Minor are assumed by such Minor’s parent/legal guardian. Furthermore, any Contestant who is selected as a finalist or potential winner, will provide the Sponsor with signed releases from each and every Contributor (if Contributor is a Minor, his/her parent/legal guardian will provide the signed release on Minor’s behalf) granting these rights (each a “Contributor Release”) within the time specified by the Sponsor.
Sponsor has the right to disqualify any Photo/Essay and subsequently any Entry, 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 Sponsor in its sole and absolute discretion.
THE VIDEOTAPED ‘SEGMENT’ THAT IS BROADCAST ON THE SHOW AND THAT ARE POSTED ON THE WEBSITES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL FINALIST AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR OR FACEBOOK IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION/BROADCASTING OF VIDEOTAPED SEGMENTS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH POSTING/PUBLICATION//BROADCASTING OF THEM. 5. Contest Judging: There are three (3) judging stages to the Contest, round 1 judging, round 2 judging and online public voting.
a. Round 1 Judging: Weekdays beginning on or about April 14, 2014 at 9:00 a.m. ET and continuing until on or about April 28, 2014 until 6:00 p.m. ET (“Round 1 Judging”), all Entries will be judged by Sponsor and/or its representatives and those Entries must meet the judging criteria (see below), eligibility, Photo/Essay Requirements and abide by these Official Rules. Photos/Essays will be judged based upon the following criteria: 1) Potential for on-air appeal; (50%) and 2) Compelling nature of Essay (50%) (“Round 1 Judging Criteria”). Photos/Essays that receive eighty points (80) or higher will be eligible to move on to the round 2 judging phase.
b. Round 2 Judging: Starting on or about the week of April 14, 2014 and ongoing until the week of May 9, 2014, eligible Entries whose Round 1 Judging scores totaled over eighty points (80) or higher (as described above) will be notified by a Sponsor's representative by telephone (as provided in the Entry) who will conduct a “Telephone Interview” with the Contestant and be asked about his/her background in fitness in more detail as well as be given the opportunity to provide the Sponsor with any additional materials supporting his/her professional or personal experience in the fields of fitness and health (e.g. which may include additional photos or video of training sessions or class, certifications, resume, training, education, and so on) (“Finalist Materials”). Contestant’s Telephone Interview and Finalist Materials will be judged based on the Round 1 Judging criteria (1-2) above as well as: 3) Articulation & enthusiasm (50%); and 4) Level of fitness expertise, experience and uniqueness of training style (50%) (“Round 2 Judging Criteria”). The Round 2 Judging score will be added to that Contestant’s Round 1 Judging score for maximum possible score of two hundred (200) points. The top five (5) Contestants who received the highest scores based on the judging criteria listed above from all eligible Contest Entries received will be determined by Sponsor and/or its representatives and deemed the “Finalists” (subject to verification of eligibility and compliance with the Official Rules). Sponsor and/or its representatives reserve the right, in its sole discretion, to select fewer than five (5) Finalists or no Finalists if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received. In the event of a tie, the Contestant whose Photo/Essay receives the higher score for "Potential for on-air appeal" will be declared a Finalist. In the event of a further tie, the Contestant whose Photo/Essay receives the higher score for "Compelling nature of Essay" will be declared a Finalist. In the event of a further tie, the Contestant whose Telephone Interview/Finalist Materials receives the higher score for "Level of fitness expertise, experience and uniqueness of training style" will be declared a Finalist. In the event of a further tie, Sponsor in its sole discretion shall choose a Finalist based on an evaluation of which Photo/Essay/Telephone Interview/Finalist Materials is superior overall taking all categories into consideration.
c. Public Voting: Starting at 10:00 a.m. ET on May 30, 2014 to 6:00 p.m. ET on June 1, 2014 each Finalist will have his/her first name, last name, city/state/province, and videotaped ‘segment’ that was broadcast on the Show (“Segment”) (more fully described in section 6 and posted on the Contest Gallery accessed by visiting the Websites in order for members of the general public to vote ("Voters") based on the Judging Criteria described above, and otherwise in accordance with these Official Rules (“Public Voting”). Voters must be eighteen (18) years or older as of May 30, 2014, and a current legal resident of one of the fifty (50) states of the U.S., D.C. or Canada (excluding Quebec). VOTERS ARE STRICTLY PROHIBITED FROM VOTING BASED ON THE FOLLOWING: RACE, GENDER, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS, DISABILITY, MEDICAL CONDITION, SEXUAL ORIENTATION, CITIZENSHIP OR ANY OTHER BASIS PROTECTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE OR REGULATION. Each potential Finalist may vote for his/her own Entry. If it is brought to the attention of Sponsor that a Finalist or a Voter has voted using any criteria other than the Judging Criteria, has used any kind of script, vote rigging, voter exchanges, vote-buying, multiple accounts or otherwise in violation of these Official Rules, his/her vote(s) will be disqualified. Limit one (1) vote per day during the Public Voting Period for a maximum of three (3) votes/per person/per email address. All votes must be received by 6:00 p.m. ET on June 1, 2014 to be counted. Any attempted form of voting other than as described herein shall be null and void. The Finalist who receives the most votes during the Public Voting Period based on the Judging Criteria will be deemed the grand prize winner of the Contest (subject to verification of winning accordance to these Official Rules). In the event of a tie, Sponsor and/or its representatives shall choose the grand prize winner of the Contest based on an evaluation of which Photo/Essay and Finalist Materials are superior overall taking all Judging Criteria categories into consideration.
6. Notification of Finalists and Finalist Requirements: Potential Finalists (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by telephone at the phone number listed on his/her Entry on or about weekdays from May 19, 2014 to May 23, 2014. If a potential Finalist cannot be reached after every effort has been made within a forty-eight (48) hour period, such potential Finalist will be disqualified and the next highest scoring Contestant will be selected as an alternate for the Contest. If a potential Finalist is found to be ineligible, if he/she cannot or does not comply with these Official Rules, if he/she cannot travel to New York, N.Y. to tape his/her segment during the dates specified by Sponsor, and/or if his/her notification and travel documents or requirements are incomplete, or returned as undeliverable, such potential Finalist will be disqualified and the next highest scoring Contestant will be selected for the Contest. During the weekdays of on or about May 21, 2014 to on or about May 30, 2014 (exact dates to be determined in Sponsor’s sole discretion), representatives for the Show will schedule each Finalist and one (1) guest to travel to New York, N.Y., to have his/her Show segment taped. Sponsor will provide round trip airfare for each Finalist and his/her guest; hotel accommodations for up to two (2) nights (standard room, double occupancy); round-trip transportation to/from the Show taping and accommodations; and seventy five dollars ($75) per night’s stay/per traveler (issued to the Finalist only to cover expenses). Sponsor and the Show reserve the right, in their sole discretion, to determine the actual travel dates, details and/or necessity of all such compensated travel arrangements. If a Finalist lives within one hundred (100) miles of New York, N.Y., air transportation will not be provided but ground transportation may be arranged (in Sponsor’s sole discretion). Show segments may be produced on location near a Finalist’s home, in which case, any compensation to Finalist(s) will be at the sole discretion of the Sponsor. Choice of dates for any appearance is at the Show’s sole discretion and each Finalist and his/her guest agree to all of the Show production requirements and conditions in the Sponsor's sole discretion in order to participant. In order to travel to New York, N.Y., each Finalist will be required to complete an Entrant and Contributor Release as well as signed by each and every person who made a contribution to Finalist’s Entry and/or Finalist Materials (e.g. writer of Essay, photographer of the Photo, videographer, etc.) in order to be eligible as a Finalist and prior to travel. In addition, each Finalist and his/her travel guest will be required to complete the travel documentation as detailed in section 9. If a Finalist is unable to travel on the dates selected, or does not complete all documentation required to travel to New York, N.Y., Finalist may forfeit any prize and an alternate Finalist may be selected, if time permits. If a Finalist’s guest is a Minor, he/she must be ten (10) years of age or older in order to attend the Show and Finalist must be deemed his/her parent/legal guardian. Each Finalist and guest may or may not actually appear in the final version of the Show (or any subsequent Show), and the decision is subject to Producer’s requirements and sole discretion. Sponsor is not responsible or liable for cancellation or preemption of the Show airing the Finalists (if applicable). Finalists and/or guests will receive no compensation regardless of whether any taped segment, actually appears on Show. Persons running for public office are ineligible to be a Finalist and are unable to make a broadcast appearance (if applicable). In addition, each Finalist understands, agrees and must adhere to the following guidelines and requirements:
a. Finalist’s cannot direct or change the direction of the Show Segment (unless at the sole discretion of the Show producers and/or Sponsor).
b. The Show Segment is intended to be broadcast on LIVE with Kelly & Michael, however the producers are not obligated to include each Finalist’s Segment on the Show or online (subject to production exigencies, broadcast interruptions and other Contest limitations).
c. Portions of each Finalist’s Entry/Photo/Essay /Finalist Materials and Show Segment (or in its entirety) will (or may) be posted online and available to the public during the Public Voting period (in Sponsor’s sole discretion).
d. The Show may impose additional participation, conditions, photographs and video coverage at any time.
e. Any travel components and Show Segment tapings shall be subject to procedures and rules established by these Official Rules, the Show, producer and/or network, and may be amended and changed at any time.
f. The Show, producer and/or network reserve the right to change, add, delete from, modify or amend each Finalist’s Entry, Segment and other activities.
g. Any Finalist’s appearance on the Show is subject to producer's requirements and sole discretion. Finalists and guests may be required to sign a Producer’s full standard release and/or any other required documentation.
h. Each Finalist fully consents to all requirements stated above as a condition of becoming a Finalist.
7. Grand Prize Winner Determination & Notification: The Finalist who receives the most votes during the Public Voting Period based on the Judging Criteria will be deemed the grand prize winner of the Contest (subject to verification of winning accordance to these Official Rules). In the event of a tie, Sponsor and/or its representatives shall choose the grand prize winner of the Contest based on an evaluation of which Photo/Essay/Telephone Interview/Finalist Materials is superior overall taking all Judging Criteria categories into consideration. Grand prize winner will be announced during the LIVE with Kelly and Michael show broadcast on June 2, 2014 and be notified by telephone on or about the same day by Contest administrator.
8. Prizes: Five (5) Finalist Prizes will be awarded in the Contest: Each Finalist winner will receive a two thousand dollar ($2,000) cash prize awarded in the form of a check and may have the opportunity to be featured in a future issue of Fitness Magazine (appearance is subject to producers, editors, publishers sole discretion as well as the magazine’s production exigencies) (“Finalist Prize”). Approximate Retail Value (“ARV”) of each Finalist Prize: $2,000 USD One (1) Grand Prize will be awarded: Grand Prize winner will receive a ten thousand dollar ($10,000) cash prize awarded in the form of a check (collectively “Grand Prize”). ARV of the Grand Prize: $10,000 USD. All monetary values are expressed herein are U.S. dollars (“USD”). Prize(s) cannot be combined/exchanged with any other offer. Prizes must be accepted subject to the conditions indicated herein. 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). Prize notification and documentation will be shipped to U.S., D.C., and/or Canadian addresses (excluding Quebec) only. All federal, state, provincial, and/or other taxes are the sole responsibility of each Finalist and Grand Prize winner. Each Finalist and Grand Prize winner will receive a 1099 form 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. In addition, the cost of the guest portion of the trip to New York will be taxed as a portion of the Finalist’s prize. Any depiction of the prizes or prize components, in Contest materials or otherwise, are for illustrative purposes only.
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 (including Photos/Essays/Finalist Materials) that are illegible, late, mutilated, postage due, 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 participant/Contestant and Nominator (if applicable) 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 participant/Contestant, Nominator and/or Contributor (if applicable) in any Entry, acceptance/possession, use/misuse, and/or defects of a prize awarded herein; typographical errors in the Contest promotional material; or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Facebook, the Websites, voting mechanism, banners, or any online service via the internet due to hardware or software compatibility problems; any damage to a participant/Contestant’s (or any third person’s) computer 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 even if caused by the negligence of one of the Contest Entities. Contest Entities assume no responsibility for any injury or damage to an participant/Contestant’s (or Nominator if applicable) or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Photo/Personal Story or Entry Information, materials and/or software in connection with this Contest. Contest 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 the prize supplier or any of its agents, servants, employees, stylists 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.
12. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of a 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 participant/Contestant(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 participant/Contestant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each participant/Contestant 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.
13. Rules/Winners’ List: To receive a copy of the Official Rules or a Winners’ List, send a self-addressed stamped envelope to: LIVE’s Top Fitness Instructor “Rules” or “Winners” (specify which), P.O. Box 6493, Burbank, CA 91510. Winners’ List available after June 2, 2014. All requests must be received by August 4, 2014.
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. Contest administrator is not the supplier or guarantor of any prize(s) or prize components.
©2014 ESG. Participants/Contestants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.