1. GENERAL DESCRIPTION: ABC is looking for the most extraordinary family in America. ABC is encouraging families who believe they are extraordinary to visit www.NoOrdinaryContest.com where they can complete an entry form and upload a video that shows why their family is no ordinary family (the entry form and video are collectively the "Entry") for a chance to win a Grand Prize consisting of a 5-day/4-night trip for four to the Walt Disney World® Resort in Florida. Entries will be accepted between August 31, 2010 at 12:01 p.m. PT and September 13, 2010 at 11:59 p.m. PT. Entries will be judged and ranked by Sponsor and/or its agents on the criteria set forth below and five (5) finalists will be selected. The public will vote for the finalist Entry they deem most extraordinary to determine the one (1) Grand Prize winner. The public voting period will be from September 27, 2010 at 12:00 p.m. noon PT to October 1, 2010 at 12:00 p.m. noon PT. For purposes of this Contest, a Family is defined as at least one parent/legal guardian and at least one minor child/legal ward (under the age of 18) of that parent/guardian residing in the same private household, residence or living quarters (the "Residence") for at least three (3) months of the year for the most recently past year, as well as other persons included in the Entry in accordance with these Official Rules. Please see the remainder of the rules below for additional Entry submission and eligibility requirements, including rules regarding which members of the Entrant's family must be included in the Entry and which members of the Entrant's family also may optionally be included in the Entry.
2. ELIGIBILITY: The person submitting the entry (the "Entrant") must be a legal resident of the fifty (50) United States and District of Columbia (the "Territory") and at least eighteen (18) years old at the time of entry. The Entrant must be the parent or legal guardian of at least one (1) minor child (under the age of 18) who is living with Entrant full-time in the Residence at the time of entry. Each Entrant represents that he or she has obtained the permission of all persons appearing in or identified as part of the Family (and of the parent/legal guardian of any minor) prior to submitting the Entry. In addition, the Entrant as well as members of his/her Family must satisfy all of the following criteria:
• No individuals who appear or are mentioned in the Entry may have current criminal charges pending against him/her, or have been previously convicted of a felony or crime of
moral turpitude (as determined by Sponsor in
its
sole discretion) or had a restraining order
entered against him/her.
• No member of the Family or the immediate family member of any such person (spouse,
parents and step-parents, siblings and step-siblings, and children and step-children) may
have, within the
one year period
immediately prior to
the Contest start date (August 31,
2010), performed services in any capacity (including, but not limited to, as
employees,
consultants, independent contractors, and interns) for American Broadcasting Companies,
Inc.
("Sponsor"), Impact Marketing & Promotions ("Administrator"), or any of their respective
parents (including,
without limitation, The Walt Disney Company), subsidiaries, affiliates or
successors.
Upon Sponsor's request, the Entrant as well as members of his/her Family must consent to a background check. Sponsor reserves the right in its sole discretion to disqualify any Entry if the results of such background check or interview reveals that any member of the Family (including Entrant) is either not eligible to participate in the Contest or if the Sponsor determines, in its sole discretion, that participation of such Family member might reflect negatively on Sponsor or any of its related or affiliated companies, programs, employees, affiliates or advertisers, or if the Entry contains false, deceptive or incomplete information.
3. TIMING: The Contest begins on or about August 31, 2010 at 12:01 p.m. Pacific Time ("PT"). Entries must be received between August 31, 2010 at 12:01 p.m. PT and September 13, 2010 at 11:59 p.m. PT (the "Entry Period"). Administrator's computer is the official time keeping device for the Contest.
4. CONTEST ENTRY:
Walt Disney Internet Group Registration:
You must be a registered member of the Walt Disney Internet Group ("WDIG") family of sites to enter the Contest. Registration is free. If you've ever registered with one of WDIG's family sites, including ABC.com, ABCNEWS.com, Disney.com, ESPN.com, and more, you need not register again, however, additional information may be required of you. If you are an existing member, sign in on the website with your current username and password. If you are not a member, you can register by clicking on the link located on the website or by following the prompts to register on the Website (as defined below). To register with the WDIG family of sites, you will be asked to provide your first and last name, mailing address (with zip code), e-mail address, gender, date of birth, country, phone number, and a username and password.
NoOrdinaryContest.com Registration:
During the Entry Period, visit www.NoOrdinaryContest.com (the "Website"), and fill out the online entry form completely by providing your full name, home address, phone number(s), date of birth, gender and email address (this is required even if the same information has been previously provided as part of WDIG registration). In addition, you will be asked to provide the name, age, gender, and relationship to the Entrant of all Mandatory Family members as well as any Optional Family members (whether or not such Optional Family member appears in the Entry) (see definitions below). By submitting an Entry, each Entrant represents that he/she has the written consent of each Family member granting the Entrant the right to include such person in the Entry and that Entrant and all such Family members expressly agree to be bound by these Official Rules, and the Website's Terms of Use and Privacy Policy.
Entry Limits:
Limit one (1) Entry per person and per Residence during the Entry Period. Normal Internet access and usage charges, if any, imposed by your on-line service provider may apply.
Entry Requirements:
Entries should illustrate why the Entrant's Family is the most extraordinary family in America. The following are non-exclusive examples of what might be an extraordinary Family:
• Both parents work full time jobs and kids excel in academics. One is on the Honor Roll and
the
other is in Advanced Placement classes.
• One parent raising two kids. The family started an organic farm in backyard and sells produce to neighborhood
families, and the kids help.
• Father has a full-time job, mother stays at home to raise their son. Their son is the MVP of his
soccer team. Both
parents help coach the soccer team.
• Father is stationed in Iraq, mom is a nurse and raises their three kids. The mom still picks
them up and drops
the
kids off at school every day.
• Both parents work full time jobs but still find time to coach little league on the weekends and
volunteer at thelocal
church or community center.
At least one (1) child in the Family must be a minor (under 18 years of age at the time of entry). In addition, the Entry must include all members described in the following section ("Mandatory Family Members") and may include any members described in next following section ("Optional Family Members").
MANDATORY FAMILY MEMBERS: All family members (related by blood or marriage and regardless of age) who at the time of Entry live full-time in the Residence must appear and be mentioned in the Entry.
OPTIONAL FAMILY MEMBERS: Any family member (related by blood or marriage and regardless of age) who lives in the Residence for three (3) months or more out of the year, but who cannot be in the video at the time of Entry submission as a result of attendance at a full-time educational institution may (but need not) appear or be mentioned in the Entry. In addition, any family member whose domicile is the Residence and who is currently serving abroad on active military duty may (but need not) appear or be mentioned regardless of how much time such person has spent in the Residence over the past year, provided that the Residence would be such person's full-time residence but for the military service. Any Optional Family Member included in the Entry must agree to be bound by these Official Rules.
EXCEPT AS PERMITTED ABOVE, NO OTHER PERSONS SHOULD BE INCLUDED AS PART OF THE FAMILY OR APPEAR IN THE ENTRY. SPONSOR MAY, IN ITS SOLE DISCRETION, DISQUALIFY ANY ENTRY THAT INCLUDES PERSONS THAT SHOULD NOT BE INCLUDED AS PART OF THE ENTRY AS SET FORTH ABOVE. ALL DETERMINATIONS REGARDING MANDATORY, OPTIONAL OR INELIGIBLE FAMILY MEMBERS SHALL BE AT SPONSOR'S SOLE DISCRETION AND SHALL BE FINAL AND BINDING.
Sponsor may request documentation evidence to determine the eligibility or ineligibility of any person.
Entries must also conform to the following:
• VIDEO MUST BE NO MORE THAN TWO (2) MINUTES IN LENGTH.
• Video must be 200 MB or less in size.
• Video must be submitted in avi, mov, mp4, mpeg/mpg or wmv format.
• Video resolution must be no lower than 400 x 300.
Either a 4:3 or 16:9 aspect ratio will be accepted as long as it complies with the time, file size, format and resolution requirements set forth above.
The Entry must be a truthful and accurate recitation of the Entrant and his/her Family's own experience, and must be an original submission created for this Contest and not previously distributed, disseminated or publicized.
By submitting an Entry, each Entrant represents and warrants that he/she has all rights in and to the Entry and that submitting the Entry and granting the rights granted herein will not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting an Entry, each Entrant and each member of his/her Family consents to the submission and use of the Entry in the Contest and to its use as set forth herein. An Entry which violates any of the requirements set forth herein may be disqualified at the Sponsor or Administrator's sole discretion.
In addition to the foregoing requirements, Entry may not contain, and Sponsor, in its sole discretion, may disqualify and/or remove any Entry that contains, any content that:
• does not comply with Sponsor's Broadcast Standards and Practices guidelines;
• contains any music;
• is sexually explicit or suggestive; obscene or offensive; derogatory of any ethnic, racial,
gender, religious,
professional or age group; profane or pornographic; contains nudity;
• promotes any particular political agenda or message;
• defames or disparages Sponsor or its parent or related entities or persons, sponsors, or the
No Ordinary Family
television series;
• contains any personal information, such as personal names or e-mail addresses;
• embodies the names, likenesses, voices, or performances of any individual other than
members of the Family;
• contains any copyrighted materials owned by others (including but not limited to photographs,
sculptures, paintings
and other works of art or images published on or in websites, television,
movies or other media) or features or
references trademarks owned by others;
• violates any law or regulation; or
• is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these
Official Rules, as
determined by Sponsor in its sole discretion.
Sponsor makes the final determination as to which Entries are eligible to take part in this Contest.
5. GRANT OF RIGHTS:
Without limiting any of the rights granted pursuant to the Website terms of use, by entering this Contest, each Entrant as well as each member of his/her Family irrevocably grants to Sponsor 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, index, comment on, create derivative works based upon, perform and otherwise exploit such submission, in whole or in part, in all media formats and channels now known or hereafter devised (including on WDIG sites, on third party web sites, on Sponsor's broadcast and cable networks and stations, on Sponsor's broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice, with or without attribution, and without the requirement of any permission from or payment to the Entrant, each member of his/her Family, or to any other person or entity. By entering this Contest, each Entrant and each member of his/her Family irrevocably grants to Sponsor the perpetual right to edit, supplement or modify the entry in any way Sponsor may determine and for any reason, including but not limited to, in order to broadcast the Entry on-air, add program tune-in and/or sponsorship messaging, for creative reasons, for technical reasons, to comply with Sponsor's broadcast standards and practices, or in order to convert the Entry into a broadcast-quality video.
Entrants agree not to further publish, distribute or otherwise disseminate their Entries for a period of 120 days after submission.
By submitting an Entry, and to the full extent permitted by law, each Entrant and each member of his/her Family grants Sponsor and its assignees the right to use his/her name, biographical information, voice, performance, photograph/video, life story, image and/or likeness for programming, advertising, publicity and promotional purposes (including, without limitation, in connection with the television program "No Ordinary Family" and the ABC Television Network or its sponsors) in any and all media, now or hereafter known, worldwide and in perpetuity, without compensation or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so. Sponsor reserves the right to request written proof of these permissions in a form acceptable to Sponsor from any Family member at any time. Failure to provide such written consent, if requested, may result in disqualification, at Sponsor's sole discretion
.6. SELECTION OF GRAND PRIZE WINNER: The Entries will be judged and ranked on the following three (3) criteria by the Judges as stated in the next three (3) paragraphs: (A) Relevance to Contest theme (50%); (B) Originality and Creativity (25%); (C) Emotional Impact of Personal Story (25%).
Administrator will conduct an initial review of all Entries in accordance with the judging criteria and will advance the top twenty (20) ranked Entries, subject to verification of compliance with these Official Rules.
Sponsor will conduct the final review of the top twenty (20) Entries that were advanced for consideration by the Administrator. The Entrants who submitted the five (5) Entries ranked highest by Sponsor will be the finalists (the "Finalists"), subject to verification of compliance with Official Rules, successful completion of background check(s) and execution of the Finalist Documents as set forth below.
In the event of a tie for 20th place during the initial review, all such tied Entries will be advanced for final review. In the event of a tie for fifth place during the final review stage, the tied Entries will be evaluated solely on the criteria described in 6(A). If the tie is still not broken, then the tied Entries will be evaluated solely on the criteria described in 6(B) and, if the tie is still not broken, then the tied Entries will be evaluated solely on the criteria described in 6(C). Decisions of the Administrator and Sponsor will be final and non-appealable. Judging for the Finalists will be completed on or about September 16, 2010.
During the period beginning on or about September 27, 2010 at 12:00 p.m. noon PT and ending on October 1, 2010 at 12:00 p.m. noon PT ("Voting Period"), the five (5) Finalist Entries will be exhibited on the Website. During the Voting Period, registered members of the WDIG family of sites will be eligible to vote for the Entry they believe shows the most extraordinary family. Limit one (1) vote per person/account/email address per day during the Voting Period. Each person may submit only one (1) vote per day regardless of how many accounts or email addresses he/she may have. Multiple or mass votes in excess of the stated limitation will be void.
At the close of the Voting Period, the Finalist that receives the highest number of valid votes, as determined by Sponsor, will be deemed the Grand Prize Winner ("Grand Prize Winner"), subject to verification of eligibility and compliance with these Official Rules. In the unlikely event that public voting results in a tie, the tied Submissions will be re-judged by the Judges based on the Judging Criteria stated above. Any attempt by a Finalist and/or his/her family/friends to vote more than the number of times authorized or use of robotic, macro, automatic, programmed or like voting methods or any other actions intended to impair or subvert the integrity of the voting process is prohibited and all such votes will be void and the Entry will be disqualified, in Sponsor's sole discretion. This specifically includes, but is not limited to, using multiple names, email addresses, phone numbers and/or obtain votes by any other fraudulent or inappropriate means (including without limitation, offering prizes or other inducements to members of the public). Sponsor reserves the right to disqualify any votes in its sole discretion to preserve the integrity and fairness of the Contest.
7. CONTEST PRIZE: One (1) Grand Prize will be awarded. Grand Prize Winner will be announced on or about October 5, 2010. Grand Prize Winner, subject to verification, will receive a 5-day/4-night trip for winner and three (3) guests to the Walt Disney World® Resort in Florida. Grand Prize trip includes:
• Four (4) round trip coach air fares between the major United States gateway airport closest to
winner's residence
and the Orlando International Airport. Provided, however, if winner resides
within 250 miles of the Walt Disney
World® Resort, airfare will not be provided to the winner and
guests.
• Four (4) round trip ground transfers between the Orlando International Airport and the Walt
Disney World® Resort via
Disney's Magical Express® Motor Coach Service. Provided, however, if
winner resides within 250 miles of the
Walt Disney World® Resort, ground transfers will not be
provided to the winner and guests. Room accommodations consisting of one (1) standard
room (with a maximum of four (4) persons per room) for three (3) nights at a hotel at the
Walt
Disney World® Resort selected by Disney in its sole discretion.
• One (1) night stay at the Cinderella Castle Suite in the Magic Kingdom® Park at the Walt
Disney World® Resort with
select food and beverage snacks, and breakfast at Cinderella Royal
Table.
• Four (4) 5-Day Magic Your Way Tickets with Park Hopper® & Water Park Fun & More Options.
• One (1) Disney Character Meet and Greet opportunity with keepsake photo (actual character
depends on availability
at Sponsor's sole discretion).
• A Disney Gift Card with a value of one thousand five hundred dollars ($1,500) to be used
towards meals and dining
experiences.
• VIP viewing for two (2) Disney Theme Park parades or shows for four (4) persons. Parade
and/or show selection
and date of experience is at the discretion of Disney. Based on
availability. Restrictions apply.
• Services of one (1) Disney VIP Tour Guide for up to eight (8) hours for each day of vacation.
Grand Prize will be awarded solely to the Entrant and not to the Entrant's Family. The Grand Prize Winner will have the sole right to decide which individuals will accompany him or her on the trip. Number of guests included in the prize package described above is not dependent on the number of Family members included in the winning Entry. Trip must be taken between January 1, 2011 and January 31, 2012. Trip is subject to availability and blackout dates. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, personal charges at lodging, security fees, souvenirs, taxes or other expenses or incidentals are the responsibility solely of winner. Guests must travel on same itinerary and at the same time as the Grand Prize Winner. Prize is nontransferable. The prize and the prize components may not be sold, traded, transferred, rescheduled to dates not within the fulfillment period set forth above, or refunded. Prize is not redeemable for cash. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. The ARV depends upon winner's point of travel origin. The difference between any stated value and actual value will not be awarded to winner. The approximate retail value ("ARV") of the Grand Prize is $17,549.72. Grand Prize Winner is responsible for all taxes and fees associated with prize receipt and/or use. Grand Prize Winner will receive an IRS Form 1099 reflecting the final actual value of the Grand Prize. The winner's travel companion must be eighteen (18) years of age or older, or if any travel companion is a minor, the winner must be such companion's parent or legal guardian or the minor must have written permission from his or her parent or legal guardian to be a travel companion. Winner's travel companions may also be required to execute applicable documents prior to ticketing of the travel prize.
8. ALL POTENTIAL FINALISTS AND MEMBERS OF THEIR FAMILY ARE SUBJECT TO A BACKGROUND CHECK (INCLUDING, WITHOUT LIMITATION, CIVIL AND CRIMINAL COURT RECORDS AND POLICE REPORTS). SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY ENTRY IF THE RESULTS OF SUCH BACKGROUND CHECK OR INTERVIEW REVEALS THAT ANY MEMBER OF THE FAMILY (INCLUDING ENTRANT) IS EITHER NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST OR IF THE SPONSOR DETERMINES, IN ITS SOLE DISCRETION, THAT PARTICIPATION OF SUCH FAMILY MEMBER MIGHT REFLECT NEGATIVELY ON SPONSOR OR ANY OF ITS RELATED OR AFFILIATED COMPANIES, PROGRAMS, EMPLOYEES, AFFILIATES OR ADVERTISERS, OR IF THE ENTRY CONTAINS FALSE, DECEPTIVE OR INCOMPLETE INFORMATION. ALL POTENTIAL FINALISTS (THE ENTRANT AS WELL AS MEMBERS OF HIS/HER FAMILY) WILL BE REQUIRED TO TIMELY PROVIDE EVIDENCE WHICH OBJECTIVELY VERIFIES THE FACTS STATED IN THE ENTRY TO THE SATISFACTION OF THE SPONSOR OR ADMINISTRATOR AND PROVIDE ANY REQUESTED WRITTEN AUTHORIZATION, CONSENTS OR RELEASES IN CONNECTION WITH SUCH BACKGROUND CHECKS. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION OF AN ENTRY. ENTRIES MAY ALSO BE DISQUALIFIED FOR: (A) A VIOLATION OF ANY OF THESE OFFICIAL RULES (INCLUDING FAILURE TO SATISFY ANY ELIGIBILITY REQUIREMENTS); OR (B) ANY OTHER REASON AFFECTING THE FAIRNESS OR PROPRIETY OF THIS CONTEST AS DETERMINED BY THE SPONSOR IN ITS SOLE DISCRETION.
9. NOTIFICATION OF AND REQUIREMENTS FOR FINALISTS' VERIFICATION: On or about September 16, 2010, potential Finalists will be notified via the email address and/or telephone number(s) (at Administrator's discretion) provided by Entrant at time of entry (the "Initial Notification"). At this time, potential Finalists (the Entrant as well as members of his/her Family) will be requested to provide any additional information or documentation described in these Official Rules and will be required to sign Finalists Documents which shall include an Affidavit of Eligibility and Liability/Publicity Release and consent for a background check. Finalists will be required to provide Sponsor with the original audio and video files used during production of the Entry for broadcast purposes. These items are mandatory to become a Finalist.
As a condition of becoming a Finalist, Entrants selected as potential Finalists must meet the following requirements and failure to do so may result in disqualification in Sponsor's sole discretion: (A) potential Finalist's failure to respond to the Initial Notification before 4 P.M. PT on September 20, 2010 (the Initial Notification will occur at approximately 4 P.M. PT on September 16, 2010 using the contact information provided when submitting the Entry); (B) the return of any notification as undeliverable; (C) potential Finalist's (the Entrant as well as members of his/her Family) failure to provide Sponsor with satisfactory proof that he/she is the person identified in the Entry; (D) potential Finalist's (the Entrant as well as members of his/her Family) failure to execute and return Affidavits of Eligibility and Liability/Publicity Release and other documents required from each Family member to conduct a background check as required by Sponsor or Administrator within forty-eight (48) hours of transmission of such documents to potential Finalist; (E) potential Finalist's (the Entrant as well as members of his/her Family) failure to timely provide Sponsor or Administrator with satisfactory evidence that objectively verifies the facts and statements contained in the Entry; (F) potential Finalist's (the Entrant as well as members of his/her Family) failure to satisfactorily complete and pass a background check in the Sponsor or Administrator's sole discretion; and (G) any other non-compliance with these Official Rules.
10. RELEASE: By entering or participating in the Contest, each Entrant and each member of his/her Family acknowledges, understands and hereby unconditionally and irrevocably releases and forever discharges, and further covenants not to sue or claim, the Sponsor, Administrator, or any of their respective parents (including, without limitation, The Walt Disney Company), subsidiaries, affiliates or successors, or any of their officers, directors, shareholders, employees, attorneys, agents or representatives (individually and collectively, "Released Parties") from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys' fees and costs, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden resulting or arising out of or in connection with Contest entry, Contest participation, Contest judging and rules interpretations (including disqualification determinations), the acceptance, possession, use or misuse of prize (or portion thereof), including any travel or activity related thereto, the substitution of any prize (or any portion thereof) or any of the Released Parties' use of any of the rights granted to Sponsor or Released Parties in connection with the Contest, occurring before, during or after actual participation in the Contest, and whether or not caused by or arising out of the act or omission of any party, including without limitation any of the Released Parties (collectively, the "Released Claims"). The Released Claims shall include but not be limited to those based on negligence or gross negligence of any of the Released Parties, wrongful death, personal injury, infliction of emotional distress (both negligent and intentional), products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, violation of any right of publicity or personality, infringement of copyright or trademark, and loss of earnings or potential earnings. By entering or participating in the Contest, each Entrant and the members of his/her Family and anyone that appears or is mentioned in the Entry, acknowledges, understands and hereby unconditionally agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or sponsored by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. By participating, each Entrant and each member of his/her Family waives any and all claims he or she may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its respective designees) may be similar to his/her Entry, or that any compensation is due to Entrant or the members of Entrant's Family in connection with such Entry or other works used by Sponsor.
EACH ENTRANT AND EACH MEMBER OF HIS/HER FAMILY UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECTTO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
11. INDEMNITY: By entering or participating in the Contest, each Entrant and each member of his/her Family irrevocably and unconditionally agrees to indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, penalty, injury or expense, including reasonable attorneys' fees and costs, of any kind or nature whatsoever, by whomever asserted arising out of or in connection with any third party claim or action arising out of or in connection with: (A) participation in the Contest or activities associated with the Contest, whether occurring before, during or after actual participation in the Contest; (B) a breach or alleged breach of any representations, warranties or obligations made or undertaken by Entrant or the members of his/her Family herein; (C) use or failure to use any of the rights granted in connection with the Contest; (D) any statement, action or omission of an Entrant or a member of his/her Family during or in connection with the Contest or resulting directly or indirectly from the Contest (whether before, during or after actual participation in the Contest); and/or (E) acceptance, possession, or use of any grant or prize, including without limitation, personal injury, death and property damage arising therefrom.
12. CONDITIONS: The Sponsor's and Administrator's decisions are final and binding as to all aspects of the Contest. By entering the Contest, each Entrant represents, warrants, and certifies to the Released Parties that he or she has the full right and authority to so participate, and that (s) he has the full legal right, permission, and authority to submit the Entry. Each Entrant further agrees that: (A) he/she will abide by and be bound by these Official Rules and the Administrator's and Sponsor's decisions with respect to the Contest, all of which decisions are final and binding; (B) the Entry will not be acknowledged or returned; (C) the Released Parties are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, whether directly or indirectly from computer uploading/downloading in connection with the contest; (D) in the event of the occurrence of technical or computer problem, human error, viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control corrupt, prevent or impair the administration, security, fairness or proper play of the Contest so that, in the Sponsor's sole discretion the Contest cannot be conducted as originally planned, the Sponsor has the right to cancel, modify or suspend the Contest or take any other action Sponsor deems necessary or advisable in keeping with the structure and integrity of the Contest including, at Sponsor's sole discretion, selecting a Grand Prize Winner from among the Entries received as of the date of such action by alternate means and/or to not award any prize; (E) the Released Parties are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Official Rules, selection and announcement of the winners and distribution of the prizes; (F) any portion of any prize not accepted or used by the Grand Prize Winner will be forfeited; (G) the Released Parties are not responsible for any inability of any Grand Prize Winner to accept or use any prize (or any portion thereof) for any reason; (H) any attempt by an Entrant or any other individual to deliberately alter or damage the Website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws; Sponsor shall have the right to seek damages and all other available remedies against such person; (I) if any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the Official Rules and shall not affect the validity and enforceability of the remaining provisions; (J) any dispute that arises regarding the meaning and interpretation of the Official Rules shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts located within that state; (K) if for any reason an Entry is confirmed by Administrator to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in the Contest, if within the Entry Period; (L) any use of an automated system, contest entry service or other automated mechanism to submit Entries is prohibited and will result in disqualification; (M) no more than the stated number of prizes will be awarded; and (N) without limiting any of the release provisions herein, each Entrant agrees that his/her remedies for any claim arising out of or in connection with the Contest or its related events shall be limited to monetary damages, if any, and that in no event will Entrant be entitled to rescind this agreement and/or to seek or obtain injunctive or any other equitable relief.
13. CONTEST SPONSOR: American Broadcasting Companies, Inc., 500 S. Buena Vista Street, Burbank, CA 91521.
14. CONTEST ADMINISTRATOR: Impact Marketing & Promotions, 19236 Cammie Lane, Tarzana, CA 91356.
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