'Make My GMA Day Vacay' Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
CONTEST OVERVIEW: GMA Day and Expedia Inc. are asking viewers to submit why they need a vacation. Five (5) Grand Prize winners will win a “vacation” valued up to 10K each.
1. Sponsor: American Broadcasting Companies, Inc. (“ABC”), 500 S. Buena Vista Street, Burbank, CA 91521.
2. Administrator: LeadDog Marketing Group, Inc., 440 Ninth Avenue, 17th Floor, New York, NY 10001.
3. Eligibility: The “Make My GMA Day Vacay Contest” (“Contest”) is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older (or the age of majority in the jurisdiction of their residence, whichever is older) at the time of entry. Employees of Sponsor, Administrator, Expedia, Inc. (“Expedia” or “Prize Provider”), any organizations responsible for fulfilling, administering, advertising or promoting the Contest, persons involved in the production (including co-hosts, guests and crew) of the GMA Day television show (the “Show”) and/or each of their respective parent, subsidiary, affiliated and successor companies, and the immediate family and household members of such individuals, are not eligible to enter or win a prize. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. Void where prohibited or restricted by law.
4. Contest Entry: Entries must be received between October 22, 2018 at 8:00 a.m. ET and October 31, 2018 at 3:00 p.m. ET (“Entry Period”). Sponsor’s computer is the official clock for the Contest.
To enter, go to http://www.goodmorningamerica.com/contests, and click on the icon that will take you to the Contest webpage (the “Contest Website”).
Step 1 (Video Submission): Submit a video telling GMA Day and Expedia why you need a vacation (the “Video”). Do not include anyone else in your Video. Video should be no more than two (2) minutes in length and less than 1GB.
Step 2 (Contest Entry Form): Complete the Contest entry form on the Contest Website. You will be asked to provide your full name, city, state, phone number, e-mail address, Video submission, and Video Title (the “Entry Information”).
Do NOT include personal information (e.g., your last name, e-mail address or phone number) in the Video itself or the Video Title as the Video and/or Video Title may be displayed in conjunction with your participation in the Contest and/or Show as detailed below.
Video file attachment must be in one of the following formats: .mov or .mp4. Total file size must be no larger than 1 GB.
Send your entry by clicking the “Submit” button on the entry page. Without the Video attachment, entry will be deemed incomplete and will be disqualified. All entries must be received by 3:00 pm ET on 10/31/18.
AN “ENTRY” CONSISTS OF AN INDIVIDUAL’S ENTRY INFORMATION, AND VIDEO AS DESCRIBED ABOVE. Partial or incomplete/piecemeal submissions (e.g., submission of Entry Information without Video; submission of Video without Entry Information) will NOT be accepted.
CLICK THE CHECK BOX SIGNIFYING THAT YOU ARE 18 OR OLDER, HAVE READ AND AGREE TO THESE OFFICIAL RULES AND ABC’S TERMS OF USE (AVAILABLE AT HTTP://DISNEYTERMSOFUSE.COM). IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE ABOVE, YOU WILL NOT BE ENTERED IN THE CONTEST AND CANNOT WIN A PRIZE.
By submitting an Entry, Entrant gives permission and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including with respect to the Video portion of the Entry the videographer if other than Entrant, as applicable, to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to use entrant's Entry, name, likeness and all other information about the entrant on any media and through any means now known or hereafter devised, including and without limitation, the World Wide Web, and to otherwise use entrant's Entry, name, likeness and all other information about entrant within the Entry and make derivative works therefrom without compensation in accordance with the requirements of this Contest and the advertising, promotion and publicity of the Contest, Sponsor’s/Expedia’s products and services, and otherwise as stated in these Rules (as solely determined by Sponsor). Such License will be confirmed by Entrant upon Sponsor’s request and Entrant agrees to complete, sign and deliver any and all necessary documents in a timely manner, including and without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, without condition or compensation of any kind, as well as to use their best efforts to facilitate Sponsor’s procurement of similar confirming documents from the videographer, if other than the Entrant (with regard to the Video portion of the Entry) and any third parties who personally or whose property is referenced in the Video portion of the Entry. Sponsor’s failure to receive all documentation from all individuals within the prescribed timeframe, in each instance as required by Sponsor in its sole discretion, will result in the disqualification of the Entry.
LIMIT ONE (1) ENTRY PER PERSON. GROUP/TEAM ENTRIES ARE NOT ALLOWED. Multiple entries in excess of this limitation (i.e., more than one [1] entry) or mass entry attempts may result in disqualification of all entries by such person. Entries must be manually key-stroked; use of automated entry devices or programs is prohibited. Once submitted, Entries cannot be modified or supplemented by entrant, and will not be returned. Personal information collected in connection with this Contest will be treated in accordance with ABC’s privacy policy, available at https://privacy.thewaltdisneycompany.com/en/.
5. Additional Entry Rules and Restrictions: Without limitation of ABC’s Terms of Use, by submitting an Entry, each entrant grants Sponsor and its designees a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, create derivative works based upon, publicly perform and otherwise exploit the Entry (Video), in whole or in part, in all media formats and channels now known or hereafter devised (including without limitation, for use and display in and in connection with the Contest Website, the Show and/or the Show’s social media sites) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to the entrant, with or without attribution, and without the requirement of any permission from or payment to the entrant or to any other person or entity. Potential prize winners may be required to sign a Grant of Rights and Release reaffirming the conveyance of the above rights in order to be confirmed as a prize winner.
By submitting an Entry, each entrant agrees to grant Sponsor and its designees the use of entrant’s name, biographical information, photograph, video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (except to the extent prohibited by law) or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so.
Without limitation of ABC’s Terms of Use, Entrant further expressly acknowledges that Sponsor, the Show and Expedia do not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Entry and that Sponsor and the Show each have wide access to ideas, stories, videos, designs and other literary/artistic materials submitted to them from outside sources or being developed by their own respective employees and that such ideas/stories/videos/designs/essays/literary/artistic materials may be competitive with, similar to (or even identical to) the Entry submitted by entrant and that Sponsor/Show/Expedia shall have no liability to entrant or any third party in conjunction therewith.
6. Content Guidelines: Entries should adhere to all specifications included in these Official Rules. Any Entry that fails to meet the specifications in these Official Rules may be disqualified, as determined by Sponsor and Administrator in their sole discretion. Your entire Video must not exceed two (2) minutes in total length. If a Video exceeds two (2) minutes in total length, Sponsor/Administrator reserve the right, in their sole discretion, to either disqualify the Video (as well as the Entry of which it is a part) or to only watch and judge the first two (2) minutes of the Video.
Entry must be truthful and relevant. Entry may not contain, and Sponsor, in its sole discretion, may disqualify any Entry that contains any content that: (1) violates any law or regulation; (2) violates or infringes any right of any third party*, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy; (3) is defamatory, slanderous, libelous, scandalous or obscene;; (4) contains any third person’s personal information, such as personal names or e-mail addresses; (5) contains any virus, bugs, or other deleterious material; (6) contains materials owned by third parties (e.g. music, trademarks, trade dress, trade names or logos of any third party); (7) embodies the names or likenesses of any individuals other than entrant; (8) is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; (9) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (10) promotes any activities that may appear illegal, unsafe or dangerous; promotes any particular political agenda or message; (11) is obscene or offensive; (12) communicates messages or images inconsistent with the Sponsor’s, the Show’s or Expedia’s respective reputations, image and/or goodwill or that of the co-hosts of the Show; or (13) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.
*Sponsor grants qualified entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use their respective trademarks solely for purposes of and limited to including them in the Video submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Contest Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of the trademarks of Sponsor (including its licensors) will be a violation of Sponsor’s (or its applicable licensor’s) intellectual property rights in same, as applicable. The preceding only excludes modifications due to technological limitations or malfunctions.
If Sponsor/Administrator believes that the Entry does not comply with the TOU, these Official Rules or that the Entry potentially or actually infringes upon the copyright, or other rights of any third party, Sponsor/Administrator reserves the right in their sole discretion to disqualify and remove any Entry at any time. Sponsor/Administrator’s decisions regarding Entries are final and binding and not subject to challenge or appeal.
Sponsor, Expedia, Administrator and the other “Released Parties” (as defined below) will not be responsible or liable for any inability to view an Entry or any part thereof due to any technical difficulty, malfunction or failure of any kind.
By submitting an Entry, entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
7. Judging: Sponsor/Administrator will review all eligible Entries submitted during the Entry Period and will select the top five (5) Entries who will be deemed Grand Prize winners subject to verification of eligibility and compliance with these Official Rules. The judging (by Sponsor) will be based on the following equally weighted criteria: Creativity (25%); Originality (25%); Entertainment Value (25%) and Suitability for Promotional Purpose (25%). In the event of a tie, the Entry from among all such tied entries with the higher/highest score in the “Suitability for Promotional Purpose” criterion will be considered the potential Prize Winner.
8. Winner Notification: Each potential Prize Winner will be notified by e-mail and/or phone on or about Tuesday, November 6, 2018. Failure to respond to the initial verification e-mail within twenty-four (24) hours of notification or return of e-mail notification as undeliverable after two (2) attempts may result in disqualification. Failure to respond to the initial verification phone call within twenty-four (24) hours of notification may result in disqualification. Only one (1) message will be left (either with person answering phone, if not potential Prize Winner, or via voice mail). Potential Prize Winners will be required to sign and return within seventy-two (72) hours of transmission, an Affidavit of Eligibility, Release and Indemnification, a W-9 tax form, a Publicity Release where allowed by law (collectively, “Contest Documents”). Affidavit will also include a Grant of Rights from potential Prize Winners to Sponsor, as detailed above. If the Affidavit of Eligibility, Release and Indemnification, and Publicity Release, or any other portion of the Contest Documents are not returned to Sponsor/Administrator within the specified time period, potential Prize Winner may be disqualified. If a potential Prize Winner is disqualified for any reason, prize will be forfeited without compensation of any kind and will be awarded to an alternate winner selected as indicated above, provided sufficient time remains prior to the episode of the Show containing the “Vacation” segment.
9. Prizes and Approximate Retail Values (“ARV”):
Grand Prize (five (5) winners): Winners, in addition to having their Video possibly included in the Segment on an upcoming episode of the Show, will receive a prize that consists of a dream trip package up to $10,000 from Expedia (“Trip”). ARV of each Grand Prize: up to $10,000. Any difference between the stated value and actual value will not be awarded.
Prize fulfillment will be handled by Expedia.com, through a personal Travel Concierge. Winners will receive an email from Expedia’s Travel Concierge and can reply to make their booking over email or over the phone. Winner may book any combination of airfare/hotel/car (depending on the number of travelers, dates and destination of travel) as long as all travel and accommodations total no more than $10,000. Travel bookings must be made between January 1, 2019 and June 30, 2019, with travel dates between January 1, 2019 and December 31, 2019. All travel must be booked through Expedia.com using Expedia’s provided Travel Concierge and cannot exceed $10,000 USD per winner. Travel booked outside of this process and outside of these dates will not be reimbursed. Flights may include connections. All travel and accommodations are subject to availability and blackout dates and additional restrictions. Travel must be round trip. Winners will need to have or create anExpedia.com log in and be willing to share the associated email address for booking.
A Prize Winner and his or her guest(s) must travel on the same itinerary and are responsible for obtaining any necessary documentation (i.e., valid visas, passports, etc.) prior to travel. Guest(s) must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless the child or legal ward of a winner and must sign a liability/publicity release prior to the issuance of travel documents. If guest is a child or legal ward of the winner, winner must sign and return release on behalf of such child or legal ward.
Travel restrictions may apply. A winner is responsible for paying any applicable federal, provincial, state, local, income and withholding taxes, if any, and any and all other costs and expenses not listed herein as being provided, including but not limited to all ground transportation, luggage fees, hotel accommodations not included in the cost of trip, meals, beverages, tours and excursions, hotel incidentals, souvenirs and gratuities. In the event that any tax withholding is required by law for a prize, winner authorizes Sponsor to make the corresponding deduction. Any prize details not specified above will be determined by Sponsor or Prize Provider, in their sole discretion. Sponsor or Prize Provider will not be liable for any expenses incurred as a consequence of flight cancellations or delays. Sponsor or Prize Provider will not be liable for any airline and/or hotel fees incurred as a consequence of changing or cancelling flight and/or hotel reservations. Sponsor or Prize Provider will not replace any lost or stolen prizes or prize components.
A Winner may not transfer, assign, or substitute a prize, or redeem a prize for cash, except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value. Prizes are awarded “as is” without any warranty or guarantee, either express of implied by Sponsor. Prize cannot be split and may only be used to book one (1) Trip.
All federal, state and/or local taxes are the sole responsibility of the Grand Prize Winners, who will each receive an IRS Form 1099 reflecting the actual final retail value of the Grand Prize. Prize Winners must submit a validly executed IRS Form W-9 to claim prize.
FOR POSSIBLE INCLUSION OF WINNER’S VIDEO IN GMA DAY SEGMENT: This prize element is not guaranteed and Sponsor, Show, Administrator and Expedia shall have no liability under any legal theory should one or more winner’s videos not be included in the Segment.
IF WINNER’S VIDEO IS USED IN GAME DAY SEGMENT: the exact method and context of incorporation and the duration of on-screen use of each winner’s Video in the Segment shall be at Sponsor’s/Show’s sole discretion: this includes but is not limited to the production exigences of GMA Day Sponsor/Show reserves the right, in their sole discretion, to include, in whole or in part, the Video portion of a winning Entry in the Segment, though Sponsor is under no obligation to do so. Without limiting the foregoing, prize winners shall have NO right of review or approval of their Videos as they appear in the Segment and/or Show. Each entrant acknowledges and agrees that the Video as included in the Segment may be modified from the Video submitted by the entrant. Such modifications may occur in Sponsor’s/Show’s sole discretion and for any reason including, without limitation, as a result of production needs, creative preferences, formatting requirements or broadcast standards requirements. In addition, entrants acknowledge and agree that the Segment may include tune-in messaging and/or messaging from Sponsor’s/Show’s commercial advertisers (including without limitation, Expedia). Sponsor is not responsible in the event the episode of the Show in which a prize winner’s Video is intended to appear does not air as originally intended, whether as a result of delay, cancellation or pre-emption in whole or in part. Video will be attributed to winner in a manner of Sponsor’s/Show’s sole choosing, with Sponsor/Show determining the context, duration and all other aspects of such attribution. Winner further understands and agrees that the inclusion of his/her Video in Segment may be presented in an irreverent, humorous or satirical context which may not be flattering to him/her; and, winner releases Sponsor, Show, Administrator and Expedia from any and all liability under any legal theory in conjunction therewith. Winner further agrees to use his/her best efforts to make him/herself available for interviews with Show personnel upon request and without compensation (except for the remaining portion of the Grand Prize.)
The possible inclusion of a winner’s Video in a Segment has no retail value and winner will not receive any royalty, compensation or payment in conjunction therewith (except for the remaining portion of the Grand Prize.)
10. General Conditions and Limitations of Liability: Sponsor reserves the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Contest. In such event, Sponsor reserves the right to conduct the Contest and award the prizes (as discussed above) from among all eligible entries received prior to the action taken by Sponsor in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Contest will be posted on the Contest Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries (including Videos); or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from participation in or downloading any materials from this Contest.
Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
By participating in this Contest, each entrant agrees: (a) to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects; (b) to furnish Sponsor with executed copies of any documents required by Sponsor in order to be confirmed as a prize winner, including without limitation, any of the Contest Documents as set forth above; and (c) to release and discharge Sponsor, Administrator, Expedia each of their respective parent, subsidiary, affiliated, related and successor companies, advertising and promotion agencies, and each of the foregoing entities’ respective officers, directors, agents, shareholders, representatives and employees, as well as each of their respective successors, representatives and assigns, Facebook Inc, Twitter Inc and Instagram LLC (collectively, the “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from: entrant’s participation in the Contest or any Contest-related activity (including any travel related thereto); the acceptance, possession, use or misuse of prize (or portion thereof) (including any travel or activity related thereto); the substitution of the prize (or any portion thereof) in accordance with the Official Rules; the Released Parties’ use of any of the rights granted in the Official Rules; and/or (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind; (3) unauthorized human intervention in any part of the entry process or the Contest; or (4) technical or human error which may occur in the administration of the Contest or the processing of entries. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram.
11. Disputes; Arbitration/Choice Of Law: Except where prohibited, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or the award of prizes/determination of prize winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the Judicial Arbitration and Mediation Services (“JAMS”), then effective; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain 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 otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
12. Winners’ List: For the names of the Prize Winners, mail a self-addressed, stamped envelope to: The “Make My GMA Day Vacay Contest Winners”, c/o LeadDog Marketing Group, 440 Ninth Ave., 17th Floor, New York, NY 10001, for receipt no later than 11/30/18.
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