Live with Regis and Kelly



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.

  1. Description: The Drive Into HD Watch and Win weekday viewing period begins on December 22, 2008 and ends on January 2, 2009 where participants are invited to watch the Live with Regis and Kelly television program (“Show”) and find out the (1) clue for that particular weekday. There are a total of ten (10) clues, one (1) for each weekday broadcast. Participants can then enter at least seven (7) out of ten (10) clues via the internet or by mail beginning at 10:01 a.m. Eastern Time (“ET”) on January 2, 2009 and ending at 11:59 p.m. Pacific Time (“PT”) on January 14, 2009 (“Sweepstakes Entry Period”). Each daily clue will also be posted on the Show’s web site each weekday from 3:01 p.m. (ET) to 2:59 p.m. (ET) the next day located at http://www.liveregisandkelly.com (“Web Site”). Sponsor’s computer shall be the official clock for purposes of the Sweepstakes.

  2. Eligibility: Open only 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., 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 and legally residing therein. Entrants must have either a valid social security number or a social insurance number and/or a valid U.S. personal tax identification number. Employees and agents of Buena Vista Television (“Sponsor”), The Walt Disney Company, WABC-TV, American Broadcasting Companies, Inc., Live with Regis & Kelly (“Show”), Subaru of America, Sweepstakes administrator, participating stations, stations airing the Show, and their respective advertising and promotion agencies, and those involved in the production, development and handling of Sweepstakes, their respective agents, officers, prize suppliers, car dealership personnel, parent companies, affiliates and subsidiaries (collectively “Sweepstakes Entities”), and members of their immediate families (parents, children, siblings, spouses) and/or persons living in the same households as such persons, whether related or not, are ineligible to enter Sweepstakes.

  3. How to Enter: Participants can enter the Sweepstakes online or by mail. To enter the Sweepstakes online, access the Live with Regis and Kelly Web Site during the Sweepstakes Entry Period (stated above) and select the Sweepstakes icon or image, which will open the Sweepstakes web page. Registered participants must first login by entering his/her member name and password, enter his/her daytime telephone number (including area code), then follow the online instructions to “submit” his/her entry information and list at least seven (7) but no more than ten (10) correct clues (“Internet Entry”). Each time participant enters, he/she must complete all entry fields in addition to listing at least seven (7) but no more than ten (10) correct clues. Participants who are not registered on the Web Site, may become a registered member by completing (and thereafter transmitting) the registration form. Information requested on the registration form consists of the following: first and last name, complete home address (including street address, city, state and zip code), date of birth, and email address (“Registration Information”). There is no fee to register. If a prospective participant is already registered with Disney-ABC Domestic Television through any of its family of sites (see Web Site for list of sites), no new registration is required. Limit one (1) Internet Entry per person/per day during the Sweepstakes Entry Period. 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, daytime telephone number (including area code) and list at least seven (7) but no more than ten (10) correct clues on a postcard (no larger than 6” x 8”) and mail, with proper postage affixed to: Drive Into HD Watch and Win , P.O. Box 10831, Burbank, CA 91510 (“Mail Entry”). Internet Entries and Mail Entries must be received by must be received by 11:59 p.m. (PT) on January 14, 2009 (collectively “Entries”). All Entry and Registration Information must be completed in full. Entries by the same person in excess of the limits stated herein will be disqualified. 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. Participants can only register and participate in the Sweepstakes under one user ID and/or one email address. Once an email address or a user ID has been registered by a participant that email address or user ID cannot 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. 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.

  4. Prize/Odds of Winning: One (1) prize will be awarded: Winner will receive one (1) 2009 Subaru Forester 2.5 XT Limited with Navigation Package (Manufacturer’s Suggested Retail Price “MSRP” is $32,460 USD) and payment for the applicable state/province sales tax. The estimated sales tax amount is up to $3,246. The total Approximate Retail Value “ARV” of the prize is up to $32,460 USD (“Prize”). Odds of winning the Prize depends on the total number of eligible Entries received. All monetary values are expressed herein are U.S. dollars (“USD”). Vehicle shown may not be actual vehicle delivered. Sponsor will provide instructions to the winner to obtain vehicle at a dealership or other specified location near his/her residence, to be designated by Sponsor at its sole discretion. Winner will be required to personally retrieve vehicle and is solely responsible for his/her transportation and related costs associated with collecting vehicle. Rate of sales tax may vary from state/province to state/province and any differences in the stated ARV and the actual ARV will not be refunded and, no additional compensation will be awarded. 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 of vehicle. Winner will be required to present a valid U.S. or Canadian driver’s license (at Sponsor’s sole discretion), evidence of automobile insurance (if required by law), and any other required information/documents before he/she may take possession of vehicle. 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 thirty (30) days of notification that his/her vehicle is available. In the event that the specific vehicle model is not available, if unanticipated production delays or interruptions prevent the delivery of the Prize, Subaru of America will extend to the winner the option of receiving another Subaru vehicle of comparable ARV. Winner is solely responsible for all fees not specifically mentioned, including but not limited to, income taxes, fees charged for taking ownership of a vehicle (if winner is a resident of Canada, excluding Quebec), registration, title, E.P.A. taxes or fees, insurance, options/upgrades, and all other costs incurred in claiming, registering, delivery or ultimate use of the vehicle. Make, model, options, equipment and color of Prize awarded to be determined by Sponsor at its sole discretion. Sweepstakes Entities make no representations or warranties with respect to the Prize; the sole warranty is the manufacturer’s standard new car warranty that accompanies the vehicle at time of delivery. No transfer of the Prize is permitted. No substitution or cash equivalent for the Prize or prize component, except at Sponsor's sole discretion, due to Prize unavailability for any reason, and only then for a Prize of comparable value. Any depiction of Prize is for illustrative purposes only. Vehicle registration and title fees and all federal, state, provincial, balance of sales tax (if any) and/or other taxes not specifically mentioned as being included, are sole responsibility of the winner. 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.

  5. Drawing and Notification of Winner: Potential winner will be randomly selected from all eligible Entries received in a drawing to be held on or about January 15, 2009 (“Drawing Date”) by Sweepstakes administrator, an independent compliance organization. Potential winner (or, his/her parent/legal guardian if the potential winner is a resident of a jurisdiction that deems him/her to be a minor) will be notified by telephone within one (1) week of the Drawing Date of his/her potential winner status and the Show may announce potential winner’s name on the air between January 20, 2008 and January 23, 2008. Exact date will be announced on the Show and posted on the Web Site at least the week earlier (at Sponsor’s sole discretion). If the potential winner (or, his/her parent/legal guardian if the potential winner is a resident of a jurisdiction that deems him/her to be a minor) cannot be reached after three (3) phone call attempts within a twenty-four (24) hour period, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her Prize or prize notification documents are returned as undeliverable, potential winner will be disqualified, and an alternate potential winner will be selected at Sponsor’s sole discretion.

  6. 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/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 claims, actions, injury, loss, damage or liability resulting or arising from the Sweepstakes, including but not limited to arising from the acceptance, possession or misuse of the Prize awarded and to release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Entrants agree that Sponsor has not made nor are in any manner responsible for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose) in fact or in law, relative to the Sweepstakes or the Prize awarded herein including express warranties provided exclusively by a prize supplier that are sent along with the Prize. Potential winner (or his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor), will be required to sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, IRS Form W-9, and any other documentation that the Sweepstakes administrator and/or Sponsor may require (collectively, “Affidavit/Release”), within five (5) days after receipt or potential winner may be disqualified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, such potential winner forfeits any prize eligibility even though his/her name may have been shown/announced on air. If winner, although 18 years of age or older, is a resident of a jurisdiction that deems him/her to be a minor, winner’s Prize may be awarded in the name of his/her parent/legal guardian. Winner will be provided a FedEx account number for the return of all the documents. By returning a completed Affidavit/Release, winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. Official Rules will be posted at the Web Site during the Sweepstakes Period. Any personal information supplied by entrants and/or winner to Show or its affiliates will be subject to Show’s Privacy Policies and Terms of Use posted at http://www.liveregisandkelly.com. Except where prohibited by law or Show’s Privacy Policies, Entry and/or acceptance of the Prize constitutes permission for the Sweepstakes Entities to use said winner’s name, address (city and state), photograph, likeness, biographical information, statements, and voice for advertising/publicity purposes worldwide on and in connection with Show and in 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, the Sweepstakes or the Prize awarded. Sponsor has the right to modify, use, assign and/or dispose of Entries however they 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 a minor, regardless of its source, to any third party without the express written consent of entrant’s parent/legal guardian. If a Canadian resident is selected as the potential winner, he/she must correctly answer a time based, mathematical skill-testing question administered by phone/mail/email to be eligible for the Prize. If, for any reason, Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify Sweepstakes or any portion(s) thereof and instruct the Sweepstakes administrator to conduct the drawing and award the Prize from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the Prize in a manner that is fair and equitable. Sponsor reserves the right, at their 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 the 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 Entry online, 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 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.

  7. 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, 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, postage due, mechanically duplicated, mass machine printed or otherwise not in compliance with these Official Rules and such Entries will be disqualified. Once submitted, Entries become the sole property of Sponsor and will not be returned. Except for the express standard vehicle limited warranties provided solely by Subaru in the owner’s guide, Winner shall release Sweepstakes Entities from any and all liability/responsibility with respect to all Prize and/or Sweepstakes (including any property loss, damage, personal injury, or death). Winner releases Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing Prize for the 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) and/or Sweepstakes (including any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry information; acceptance/possession, use/misuse, and/or defects of the Prize awarded herein; 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, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes, 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, 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 Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. 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. 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. The failure of 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(s) (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

  8. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the 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 but in no event attorneys' fees; 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.

  9. Rules/Winner Information: To receive a copy of the Official Rules or the Winner’s Information, send a self-addressed stamped envelope to: Drive Into HD Watch and Win “Rules” or “Winner Information” (specify which), P.O. Box 10901, Burbank, CA 91510. Official Winner Information available after January 15, 2009. All requests must be received by March 16, 2009.

  10. Sponsor: Buena Vista Television, 500 South Buena Vista Street, Burbank, CA 91521.

  11. Sweepstakes Administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Sweepstakes administrator is not the supplier or guarantor of the Prize.

Official Rules ©2008 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.