NO PURCHASE NECESSARY TO ENTER OR WIN.
1. SPONSOR(S): American Broadcasting Companies, Inc. 77 West 66th ST, New York, NY 10023 (“ABC” or "Sponsor"), in connection with the 2018 Summer Concert Series Block Party sponsored by KING’S HAWAIIAN (“King’s Hawaiian” or “Prize Provider”).
2. SWEEPSTAKES PERIOD: The Good Morning America’s “Summer Concert Series Block Party” Sweepstakes (the “Sweepstakes”) begins on or about 4:00:00 a.m. Pacific Time (“PT”) on 5/7/18 and ends 12:00:00 p.m. PT on 8/20/18 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for this Sweepstakes. You must have Internet access to participate.
4. HOW TO ENTER: To enter, navigate the Internet and visit http://www.GoodMorningAmerica.com/BlockParty (“Website”).
Complete your entry by clicking the “Submit” button on the Website. Without the photo attachment, Entry will be deemed incomplete and will be disqualified.
Photo file must be in one of the following formats: JPEG, PNG or GIF. Total file size must be no larger than 5MB.
Once submitted, photos cannot be modified by Entrant. By submitting an Entry Entrant gives permission to use his/her Entry in and in connection with the Sweepstakes as set forth herein. Furthermore, by submitting an Entry, each Entrant warrants and represents that submitting the Entry and granting the rights granted herein will not infringe upon the rights of any person or entity and that he/she has obtained all rights necessary to give such permission and grant the license herein described, including (as applicable) from the third party photographer and/or other persons depicted/referenced in the photo (as applicable) to Sponsor and its designees. Without limiting the foregoing, potential winners must furnish written proof of such consents in a form satisfactory to Sponsor as a condition of being confirmed as a winner as set forth in Section 7 below. Should a potential winner fail to furnish such written proof in a form acceptable to Sponsor, such potential winner will be disqualified and will forfeit the opportunity to win a prize.
Released Parties (as defined in Section 9 below) are not to be responsible for late, lost, incomplete, garbled, delayed, inaccurate, undelivered or misdirected entries or e-mail. All entries become the property of Sponsor and will not be returned. By entering this Sweepstakes, participants agree to these Official Rules and the decisions of the Administrator and Sponsor, which are binding and final in all matters relating to this Sweepstakes.
5. CONTENT GUIDELINES: In addition to complying with all other requirements of these Official Rules, each Entry must comply with the following guidelines (“Content Guidelines”). Entries (including the photo) may not contain, and Sponsor/Administrator, in their sole discretion, may disqualify and/or remove 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., trademarks, trade dress, trade names or logos of any third party), with the exception of materials owned by the Released Parties; (7) embodies the names or likenesses of any individuals other than entrant unless entrant has first obtained the consent of any named/depicted/described person as set forth herein; (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 reputation, image and/or goodwill of the Sponsor and/or Prize Provider; or (13) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.
In addition to the foregoing, the photo file cannot: • Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; and • Contain encrypted content of any kind, including without limitation, encoded messages.
If an Entry or any part thereof cannot be opened, viewed and/or accessed by Sponsor or Administrator for any reason whatsoever, that file and/or photo and comment shall be disqualified without any fault or liability of the Released Parties, as defined below.
FOR ALL PHOTOS POSTED, THE PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR. SPONSOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SUCH POSTED PHOTOS.
6. PRIZE: One (1) Grand Prize will be awarded. The Grand Prize winner will receive $25,000 in check or cash equivalent gift card. Approximate Retail Value of Grand Prize (“ARV”): $25,000.00).
No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at their sole direction. Federal, state and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. All prize details are at the sole discretion of the Sponsor.
7. WINNER SELECTION/NOTIFICATION: Potential winner will be randomly selected on or about Thursday, 8/23/18 from all eligible entries received. The drawing will be conducted by LeadDog Marketing Group (“Administrator”), an independent sweepstakes administrator, whose decisions are final and binding with respect to all aspects of the Sweepstakes. For the avoidance of doubt, the Entrant’s content will not be taken into account in the winner selection process (provided that the content is determined by Sponsor/Administrator to be in compliance with these Official Rules). Sweepstakes is available to over 100 million Internet users. Odds of winning the Grand Prize depend on the number of eligible entries received.
Potential winner will be notified on or about Thursday 8/23/18 by phone, e-mail and/or mail and will be required to sign and return within three (3) business days of notification an Affidavit of Eligibility, Release of Liability and Indemnification, W-9, and a Publicity Release where allowed by law (collectively, “Winner Documents”). If potential winner does not reply to such notification within three (3) business days, a notification is undeliverable after up to three (3) attempts and/or the Winner Documents are not returned to Sponsor within specified time period, or a potential winner is not in compliance with these Official Rules, such potential winner will be disqualified and, at Sponsor discretion, an alternate winner will be selected in a random drawing from remaining eligible entries received. In the event of any dispute concerning the identity of any participant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. The authorized account holder shall be the natural person to whom the applicable e-mail address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
8. CONDITIONS: If for any reason the Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserve the right, at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and, if terminated or cancelled, to determine potential winner in a random drawing from among all eligible entries received prior to the action taken; and to disqualify any individuals who tamper with the entry process, violate these Official Rules, or act in a disruptive or abusive manner.
No responsibility is assumed by Released Parties for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of entries; 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 participant’s or any other person’s computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Released Parties assume no responsibility for any errors of any kind relating to or in connection with the Sweepstakes, whether technical, computer, network, printing, typographical, human or otherwise, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Entries generated by script, macro or other automated means are void. Participants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
9. RELEASES: By participating, participants agree (i) to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding in all respects; (ii) to release, discharge and hold harmless Sponsor, Administrator, and their respective parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers, King’s Hawaiian, its parent and affiliated companies, and each of their respective officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from any and all claims, liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to death or personal injury, arising out of a participant’s participation in the Sweepstakes and/or acceptance or use or misuse of any prize (including any travel or activity related thereto); (iii) to the Sponsor and their designees’ use of his/her name, photograph, likeness, voice, prize information and/or biographical information worldwide in perpetuity for programming, publicity, advertising and promotional purposes in any and all media, now existing or hereafter created or conceived, without further compensation, notification or permission, unless prohibited by law.
10. 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 Sweepstakes, or the awarding of prizes/determination of prize winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes 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, any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. 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 Sweepstakes, 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.
11. ADMINISTRATOR: LeadDog Marketing Group, Inc., 440 9th Ave., 17th Floor, New York, NY 10001.
12. MISCELLANEOUS; WINNER’S LIST: Void where prohibited. All federal, state and local laws and regulations apply. Name of the winner, available after 8/23/18, and these rules will be posted to the “Good Morning America’s 2018 Summer Concert Series Block Party” homepage at http://www.GoodMorningAmerica.com/BlockParty for at least thirty (30) days after winner is finally determined.