OFFICIAL 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.
- Eligibility: Live's Sno Globe Trivia A Go-Go (“Sweepstakes”) is open only to persons 18 years of age or older as of the date of entry who are permanent legal residents of the 50 United States, Washington 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 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 Buena Vista Television (“Sponsor”), American Broadcasting Company, Inc., LIVE With Regis and Kelly (“Show”), Sweepstakes administrator, participating stations, stations airing Show, advertising and promotion agencies, those involved in the production, development and handling of the Sweepstakes and each of their respective agents, directors, officers, prize suppliers, parent companies, affiliates and subsidiaries (collectively “Sweepstakes Entities”), and members of their immediate families (parents, children, siblings, spouses and their respective spouses, regardless of where they reside) and/or persons living in the same households as such persons, whether related or not, are ineligible to enter Sweepstakes and cannot win prizes.
- How to Enter: The Live's Sno Globe Trivia A Go-Go begins on December 26, 2008 and ends on February 27, 2009 (“Sweepstakes Period”). The Sweepstakes can be entered by mail or via the Internet.
To enter via the Internet: Starting on December 26, 2008 at 9:01 a.m. Eastern Time (“ET”) access http://www.liveregisandkelly.com (“Web Site”) and click on a Sweepstakes icon or text link, either of which will take you to the entry form and Sweepstakes home page. Registered entrants login and then submit one (1) telephone number (including area code) where you can be reached weekdays between the hours of 7:00 a.m. and 11:00 a.m. Eastern Time (“ET”) (“Sweepstakes Hours”) from January 5, 2009 through February 27, 2009 (“Internet Entry”). If you are not a registered entrant, become a registered entrant by completing (and thereafter transmitting) the registration form. Information requested on the registration form consists of your first and last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, and email address. You must be registered with the Web Site to enter the Sweepstakes via the Internet. Limit one (1) Internet Entry per person/per day. Participants can only register and participate in the Sweepstakes under one user ID and/or one email address for Internet Entries. Once an email address or a user ID has been registered by a participant, that email address or user ID may not be used by any other person at the Web Site. Only the Entrant registered under a particular email address with the Web Site may participate in the Sweepstakes. To enter the Sweepstakes by mail: Legibly hand-print your first and last name, complete home address (including street address, city, state/province and zip code/postal code), date of birth, and one (1) telephone number (including area code) where you can be reached weekdays during the Sweepstakes Hours on a postcard (no larger than 6” x 8”) and mail, with proper postage affixed to: Live's Sno Globe Trivia A Go-Go, P.O. Box 7731, Burbank, CA 91510 (“Mail Entry”). You may enter by mail as often as you like but each Mail Entry must be hand written and mailed separately. Mail Entries may be postmarked beginning December 26, 2008. All Internet Entries and Mail Entries must be received by 12:00 p.m. noon (ET) on February 16, 2009 (collectively “Entries”). You may only submit one (1) telephone number per Entry. If more than one (1) telephone number is submitted, only the first number listed will be used for Sweepstakes purposes. If the one (1) telephone number listed in an Entry is a cell phone when the show representative calls, participant will be asked to provide a land-line telephone number, where he/she can be reached weekdays within a time period specified by the Sponsor (in its sole discretion) in order to participate in the Sweepstakes and the Live's Sno Globe Trivia A Go-Go trivia game. Failure to immediately supply such a landline telephone number will result in disqualification from the Sweepstakes. All required Entry information must be completed in full in order for an Entry to be eligible. If an Entrant is a resident of a jurisdiction that deems him/her to be a minor (residents of Alabama or Nebraska between 18-19 years of age or residents of Pennsylvania or Mississippi who are between 18-21 years of age), he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Multiple Entries by the same person in excess of the limits stated herein will be disqualified. 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.
Mechanically reproduced Entries, Entries generated by script, macro or other automated means, and Entries by any means which subvert the entry process will be void. Any attempted form of entry other than as described herein is void. At the election of the Show at its sole discretion, the trivia game may not be played every weekday or may be suspended for a number of days or weeks due to production exigencies and/or other promotions (e.g. to conduct other home viewer promotions).
Although the Sweepstakes begins on December 26, 2008, which is the first day to submit Entries, the first day selected entrants (defined below) may be called by a representative of LIVE With Regis and Kelly and given the opportunity to play on-air will be on or about January 5, 2009. Although the last day to enter is on February 16, 2009, the last day selected entrants (defined below) may be called by a representative of LIVE With Regis and Kelly and given the opportunity to play on-air will be on or about February 27, 2009. At the election of Show (defined below) at its sole discretion, Sweepstakes may not be played every weekday or may be suspended for a number of days or weeks during the Sweepstakes Period due to production exigencies and/or other promotions (e.g. to conduct other home viewer promotions).
- Trivia Game Drawings and Notification: Approximately every week, beginning on or about December 31, 2008, an appropriate number of Entries plus alternates, will be randomly selected in a drawing by the Sweepstakes administrator, whose decisions are final and binding in all respects, from all eligible Entries (as described herein) (“Trivia Drawing(s)”). Non-winning Entries from one drawing will be included in subsequent drawings. The final Trivia Drawing will take place on or about February 17, 2009. Each weekday that the Sweepstakes is played beginning on or about January 5, 2009, through the last “live” or “taped” broadcast of LIVE With Regis and Kelly airing on or about February 27, 2009 a representative of the Show will call one (1) randomly selected entrant (“Selected Entrant”) prior to the taping of Show (during Sweepstakes Hours) according to the chronological order in which each Entry was randomly selected. Selected Entrant will be called at the telephone number furnished by Selected Entrant on his/her Entry and notified that he/she is the Selected Entrant. A Show representative will spin the prize wheel to determine the wheel prize(s) that will be won if Selected Entrant correctly answers that day’s trivia question (“Prize Wheel”). Spin of the Prize Wheel may take place either before or after Selected Entrant answers that day’s trivia question. If the Selected Entrant correctly answers that day’s trivia question he/she shall be awarded the wheel prize (“Wheel Prize”). If the original call to a Selected Entrant results in five (5) unanswered rings, a busy signal or an answering machine response, the Show’s representative will call again one (1) additional time. If the second call again results in five (5) unanswered rings, a busy signal or an answering machine response, the Entry of that Selected Entrant will be returned to the pool of unselected Entries, as described below. If the call is answered before five rings and Selected Entrant comes to the telephone within approximately 20 seconds (and if Selected Entrant is available to attempt, during Show’s broadcast (or taping) to answer that day’s trivia question), then Selected Entrant will be given the opportunity to answer that day’s trivia question about a previous Show’s broadcast. Selected Entrant will be given twenty (20) seconds from the time the trivia question is asked to respond with an answer. Selected Entrant will be given only one (1) attempt to answer the trivia question. If a call is placed to Selected Entrant and, after the call is answered, the call is disconnected or technical difficulties are experienced during the call, the Show will make one (1) attempt to call the Selected Entrant back. If the Show is unable to reach Selected Entrant by telephone that Entry will be returned to the Entry pool and an alternate Selected Entrant (in order of selection) may be called until one (1) Selected Entrant is reached. The Show will speak on-air with a maximum of only one (1) Selected Entrant on each day of the Sweepstakes. If Selected Entrant correctly answers the trivia question in the allotted time, he or she will be awarded the Wheel Prize. If Selected Entrant does not correctly answer the trivia question, the Wheel Prize will not be awarded to him/her but Selected Entrant will receive a Regis and Kelly Reward, as announced on that day’s Show. Selected Entrant’s opportunity to answer the trivia question may be broadcast during Show, at Sponsor’s sole discretion. Immediately after Selected Entrant answers his/her trivia question on the telephone, he/she will be notified of his/her potential winner status, subject to subsequent written verification. Selected Entrant’s opportunity to answer trivia question may be broadcast during Show, at Sponsor’s sole discretion.
- Prizes/Odds of Winning: Up to forty (40) Wheel Prizes: Up to one (1) Wheel Prize for air date of the Sweepstakes (as described by Official Rules): travel prizes and/or merchandise prizes (possibly including but not limited to a vehicle prize or cruise) and announced on that particular day’s taping/broadcast, as applicable. Approximate Retail Value (“ARV”) of each Wheel Prize: $3,000 - $22,000. The ARV’s of travel prizes vary depending upon the point of departure, destination, fare fluctuation, number of travelers, and if a cash award or any additional prize component is included in the Wheel Prize. The ARV’s of all prizes are furnished by the prize suppliers. Sponsor reserves the right to structure travel route in its sole discretion. For travel prizes where air transportation is included, the round-trip coach-class air transportation element of the prize begins and ends at a major commercial airport near winner’s residence or in some cases from selected gateways as designated in the travel prize package. Some prizes may not include air transportation. Trips must be completed within one (1) year of notification of winning, unless otherwise stated by Sponsor and/or prize supplier(s) at their sole discretion. Trips must be booked at least twelve (12) weeks prior to travel dates or on a timeframe set by Sponsor and/or prize supplier(s) at their sole discretion, which will be disclosed in travel documentation. No extension or change of trip dates permitted once trip dates have been confirmed by Sponsor. The 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 trip prize travel documents. Trip is subject to air/ground travel availability, hotel/stateroom availability, holiday and blackout dates and all other prize and travel restrictions, as applicable. If trip has a guest component, winner and guest(s) must travel together on the same itinerary. If winner is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must accompany the winner as the travel guest. If travel guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must be the winner. If winner elects to travel without a guest, no additional compensation will be awarded. If trip is outside the U.S. (and or Canada if winner is a resident there), winner and guest(s) (if applicable) are solely responsible for obtaining all necessary travel documents including passports and visas. IMPORTANT NOTICE REGARDING NEW PASSPORT REQUIREMENTS FOR INTERNATIONAL TRAVEL: As of January 8, 2007, the U.S. State Department is requiring ALL international travelers to present a government issued passport for U.S. Customs re-entry after air, land or sea travel. For more information please visit the State Department's consular website www.travel.state.gov or the U.S. Department of Homeland Security's website www.dhs.gov. If trip has a rental car component, winner and/or a guest (if applicable) must have a valid U.S. driver’s license, be 25 years of age or older, and have at least one major credit card in good standing. In the event a winner or a trip travel guest does not have a valid U.S. driver’s license, is under 25 years of age, or does not have at least one major credit card in good standing, then rental car component of prize will be forfeited and remaining elements of trip shall constitute full satisfaction of said prize. All other expenses and incidentals not specifically mentioned as being included are excluded and are winner’s sole responsibility including, but not limited to, taxes, air transfers, government fees, ground transportation, meals, gratuities, hotel incidentals, telephone calls, port charges and taxes, government fees, shore excursion(s), souvenirs, gift shop purchases, spas, meals in alternate dining venues, travel documents, service charges and travel insurance premiums, trip and travel insurance, and required immunizations if applicable. Winner and or his/her travel guest must have/present at least one major credit card in good standing in order to check into a hotel or resort. Up to forty (40) Regis and Kelly Reward Prizes: Up to one (1) Regis and Kelly Reward Prize for each day of Sweepstakes (as described by Official Rules) in the form of a retailer gift certificate or merchandise prize. ARV of each Regis and Kelly Reward Prize: $250 - $500. Total ARV of all prizes offered: up to $900,000. Odds of winning a Wheel Prize or Regis and Kelly Reward depends on number of eligible Entries received. Actual number of prizes awarded depends on number of days Sweepstakes is played on Show and the number of Selected Entrants who correctly answer trivia questions during the Sweepstakes Period. Retailer gift certificate prizes and/or gift card prizes must be used by the expiration stated, if any, or prize will be forfeited. Trip, vehicle, merchandise, retailer gift certificate(s) or gift card prizes shown in any marketing material or on Show may not be actual prize awarded, if any are in fact awarded. If won, vehicle prize winner will be required to personally retrieve vehicle and is solely responsible for his/her transportation and related costs associated with collecting vehicle. Sponsor will provide instructions to the vehicle prize winner to obtain vehicle at a dealership or other specified location near his/her residence, to be designated by Sponsor at its sole discretion. Sponsor will use reasonable efforts, subject to availability, to deliver vehicle within 90 days of receipt of completed Affidavit/Release (defined below). Sweepstakes Entities are not responsible for delays in delivery. If won, vehicle prize winner will be required to present adequate personal identification (valid U.S. or Canadian driver’s license), evidence of automobile insurance (if required by law), and any other required information/documents before he/she may take possession of vehicle. Vehicle prize winner bears risk of damage to vehicle after delivery to specified location and vehicle will be forfeited if he/she fails to arrange for or accept delivery of vehicle within 30 days of notification that his/her vehicle is available. Vehicle prize winner is solely responsible for all title and license fees, registration fees, E.P.A. tax or fee, insurance, options/upgrades, and all other costs incurred in claiming, registering, delivery or ultimate use of the vehicle. Color of vehicle prize awarded to be determined by Sponsor at its sole discretion. Sweepstakes Entities make no representations or warranties with respect to vehicle prize; the sole warranty is the manufacturer’s standard new car warranty that accompanies the vehicle at time of delivery. Retailer gift certificate(s) and/or gift card(s) cannot be exchanged/redeemed for cash or combined with any other offer and is subject to stated terms and conditions. Retailer gift certificate, gift card, or merchandise vendors will be selected by Sponsor at its sole discretion. All monetary values are expressed herein are U.S. Dollars. Limit one (1) Wheel Prize and/or (1) Regis and Kelly Reward Prize per person/family/household for entire Sweepstakes Period. No transfer of any prize permitted. No substitution or cash equivalent for any prizes, except at Sponsor's sole discretion, due to prize unavailability for any reason, and only then for a prize of comparable value. Prizes will be shipped to U.S. or Canadian addresses (excluding Quebec) only. Customs and import fees are the sole responsibility of any Canadian prize winner. Any depiction of prize(s) is for illustrative purposes only. All federal, state, provincial, and/or other taxes are sole responsibility of winner. Winners of prizes valued $600 or more 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.
- Winner Requirements: If a Canadian resident is selected as a potential winner, he/she must correctly answer a time based, mathematical skill-testing question administered by phone/mail to be eligible for a prize. Each Wheel Prize winner (his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor) will be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release, an IRS Form W-9 and any other documentation that Sponsor may require (collectively “Affidavit/Release”), which, among other functions, releases Sweepstakes Entities from any and all liability. The unmodified original Affidavit/Release must be signed, notarized, and returned using the provided pre-paid envelope, within ten (10) days or winner will be disqualified. By returning the completed Affidavit/Release, potential winners attest to the authenticity of his/her winning Entry. All Wheel Prize winners are deemed to be potential winners until his/her eligibility is verified in accordance with these Official Rules upon the return and review of his/her Affidavit/Release(s) by Sponsor and/or Sweepstakes administrator. For travel prizes, each winner’s guest (his/her parent/legal guardian, if guest is a resident of a jurisdiction that deems him/her a minor) must execute and have notarized (and return within ten (10) days of receipt by winner) a Liability Release and (where legal) a Publicity Release (“Travel Guest Release”). If a potential winner is a resident of a jurisdiction that deems him/her to be a minor, prize will be awarded in the name of his/her parent/legal guardian. If a potential winner cannot be reached after a reasonable effort has been exerted during five (5) business days, if he/she is found to be ineligible, if his/her prize or prize notification is returned as undeliverable, or if he/she cannot or does not comply with these Official Rules, winner will be disqualified and an alternate winner may be selected. Prize(s) and prize notifications will be mailed/shipped to street addresses in the U.S. (including D.C.) or Canada (excluding the province of Quebec only.
- General Conditions: The Sweepstakes is subject to all applicable federal, state, local and provincial laws, and to these Official Rules (collectively “Rules and Laws”). By participating, entrants agree to be bound by these Rules and Laws and the decisions of the Sponsor and Sweepstakes 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 Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes; to release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Any personal information supplied by entrants and/or winners will be subject to Sponsor’s Privacy Policies and Terms of Use posted at http://www.liveregisandkelly.com. Except where prohibited by law or Sponsor’s Privacy Policies, Entry and/or acceptance of the applicable prize constitutes permission for the Sweepstakes Entities and their respective designees to use said winner's name, photograph, likeness, biographical information, statements, voice and address (city and state) for use on the Show, for advertising/publicity purposes worldwide on and in connection with Show and in any and all forms of media (including but not limited to posting on the Web Site), now known or hereafter devised, in perpetuity throughout the universe without further compensation in connection with Show and the Sweepstakes or the prize(s) awarded without further notification or permission. Sponsor has the right to modify, use, assign and/or dispose of Entries however it sees fit and for any purpose without any notice or compensation to entrant or any third parties. However, Sponsor will not provide any personally identifying information of minors, regardless of its source, to any third party without the express written consent of entrant’s parent/legal guardian. Buena Vista Television, WABC-TV and LIVE With Regis and Kelly have no obligation to broadcast or otherwise make use of any footage containing winners’ name, photograph, likeness, biographical information, statements, voice and/or address. If an entrant chooses to opt-in to receive communications from a participating Sweepstakes Entity, his/her Entry Information will be subject to that Sweepstakes Entity’s privacy policy and Terms of Service (if applicable), and such entrant agrees to receive additional email communication from that particular Sweepstakes Entity. Opting in to receive communications is optional does not impact one’s chances of winning a prize. Sweepstakes Entities have the right to modify, use, assign and/or dispose of Entries however they see fit and for any purpose without any notice or compensation to entrant or any third parties. Sweepstakes Entities are not responsible for any cancellation, pre-emption, non-broadcast or out-of-normal-timeslot broadcast, in whole or in part, of any Show containing a Sweepstakes element and Sponsor may choose, at its sole discretion, to cancel, modify or suspend Sweepstakes, or any portion thereof. Potential winners agree and acknowledge that Sweepstakes Entities are not responsible or liable for ambiguous trivia questions and/or disputes over answers to trivia questions. By participating, entrants agree that the Sweepstakes Entities shall not be responsible for any unintentional production errors that occur during the trivia game and that the Show may address such errors in their sole discretion (for example, in the event that a question is determined to be compromised during a trivia game segment the Show may replace such question with a different trivia question about a previous Show’s broadcast). Sweepstakes Entities are not responsible if, in a given U.S. or Canadian market, Show is broadcast on a delayed basis (e.g. if Show does not air on the uniform date across the country intended by Sponsor), or if Show is canceled, delayed or interrupted, in whole or in part, for any reason. If, for any reason, Sweepstakes is not capable of running as originally planned due to virus, bugs, worms or any other causes that impair the administration, security, fairness or proper play of the Sweepstakes, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify Sweepstakes or any portion(s) thereof and, in the event of cancellation, to conduct the drawing(s) and/or award the prize and/or select the Selected Entrant(s) from all non-suspect, eligible Entries received for the drawing(s) at issue prior to and/or after (as appropriate) the action taken by Sponsor, or award the prize and/or select the Selected Entrant(s) for the applicable drawing(s) in a manner that is fair and equitable. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules or to be acting in a non-sportsmanlike 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 Sweepstakes will be ineligible for the 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 a winning Internet Entry, the authorized account holder of the email address associated with that Internet Entry will be deemed the entrant and must comply with these Official Rules. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account.
- Disclaimers: Sweepstakes Entities are not responsible for telecommunications, network, electronic, cable, satellite, Internet Service Provider, telephone, telephone line, technical, or computer failures of any kind; for inaccurate transcription of Entry information; for errors in any promotional or marketing materials or in these Official Rules; or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of the prizes, the cancellation of any Show or trivia game, the administration of trivia questions, or in any Sweepstakes-related materials. Sweepstakes Entities are also not responsible for answers to trivia questions that are garbled or for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) in excess of the stated limit, or for mail or Entries that are illegible, late, tampered with, forged, incomplete, garbled, mechanically duplicated, mass machine printed, misdirected, postage-due, mutilated, deleted, damaged, lost, late, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be void. Once submitted, Entries become the sole property of the Sponsor and will not be returned. Each winner releases Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing prize(s) to a winner due to reasons beyond Sponsor and/or Sweepstakes Entities control, and/or participation in this Sweepstakes from any and all liability/responsibility with respect to the prize and/or Sweepstakes (including any property loss, damage, personal injury, or death) in connection with participation in this Sweepstakes; offering or announcement of any prize; human error; incorrect or inaccurate transcription of Entry information; acceptance/possession, use/misuse, and/or defects of a prize (including any travel or activity related thereto and/or any harm resulting from the use of a vehicle) ; including but not limited to, in the case of a Canadian winner, disputes over answers to mathematical skill test questions); any technical malfunctions of the telephone network, cable, satellite, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes or any Web Site or online service via the internet due to hardware or software compatibility problems; any damage to entrants (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, interruptions, defects or any other errors or malfunctions of Show, promos, or elements of 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, loss or damage to any baggage, 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, airlines, 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 Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. Sponsor may choose, at its sole discretion, to cancel, modify or suspend Sweepstakes, or any portion thereof. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, cruise ship schedule changes, 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any 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 or entrants 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). Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes 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.
- Rules/Winners List: To receive a copy of the Official Rules or a Winners List, send a self-addressed stamped envelope to: Live's Sno Globe Trivia A Go-Go, “Rules” or “Winners” (specify which), P.O. Box 6614, Burbank, CA 91510. Winners List available after February 27, 2009. All requests must be received by April 3, 2009.
- Sponsor: Buena Vista Television, 500 South Buena Vista Street, Burbank, CA 91521-0224.
- Sweepstakes Administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of any prizes.
Official Rules ©2008 ESG. All rights reserved.
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