Regis & Kelly's Dream Home Giveaway OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND
POSSESSIONS AND THE PROVINCE OF QUEBEC, CANADA
AND WHERE PROHIBITED BY LAW.
- Eligibility: The Regis & Kelly's Dream Home Giveaway ("Contest") is only open to 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 therein and who are 18 years of age or older and have reached the age of majority under the laws of the jurisdiction in which they reside, as of the date of entry. Entrants must have a valid social security number, social insurance number and/or a valid U.S. personal tax identification number. It is a condition of eligibility that all contestants selected to participate in Round 2 of the Contest will be subject to and must pass a background check of public records and other sources to confirm they are not other than persons of good character or standing in their community, have no felony arrests and meet any and all criteria as described in section 3b below, before being able to participate in Round 3 ("Background Check"). Employees of Buena Vista Television ("Sponsor"), WABC-TV, American Broadcasting Company, Inc., Live With Regis and Kelly ("Show"), Stanley Steemer International, Inc., Contest administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, real estate agents and/or brokers handling transaction on behalf of Sponsor, and any other person or entity associated with the Contest (collectively "Contest Entities") and/or members of the immediate family (spouses, children, siblings, parents) of such persons, and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest. Contestants may not be and may not intend to be, during six months from entrant’s date of entry, a candidate for any public office and may not have lived out of their country of residence for over 30 days since the age of eighteen (18) years of age.
- How to Enter: The Contest entry period begins on February 4, 2011 at 1:01 p.m. Pacific Time ("PT") and ends at 11:59 p.m. PT on March 4, 2011 ("Entry Period"). Participants may submit one (1) letter (per entry) about himself/herself or nominate a person ("Contestant") and describe in the letter why he/she (or his/her nominee), would be deserving of a new home ("Letter") in addition to completing the required entry information listed below for each entry method. The "Letter" should describe how much the Contestant needs and desires their own house or condo ("Home"), what the dream of owning a Home means to them, and any other details as to the type of home Contestant wants to live in (see judging criteria in Section 3). Letter must be written in the English language and must be no more than 6,474 characters (approximately 1,000) words in length. If the Letter exceeds 6,474 characters (approximately 1,000 words in length), then only the first 6,474 characters (or 1,000 words) will be judged. As part of the Judging process, Contestants may be asked to consent and then to undergo a Background Check by Sponsor’s representative (described below in Section 3).
- b) To enter and submit a Letter by mail: Starting on February 4, 2011, Contestant may download the Contest Entry Form from the Web Site at http://cdn.origin.dadt.com/live/contest/dreamhome/MailEntryForm.pdf and legibly complete the required Contest entry fields on the Contest Entry Form. Both Contestant and "the nominator" (if applicable) must provide first and last name; street address; city, state/province; ZIP/postal code; daytime phone (include area code); evening phone (include area code); cell phone (including area code) if available; email address; answer the question "Have you or any members of the household been on television? Y/N"; and complete Contestant's Letter in 1,000 words or less ("Online Entry Fields"). Video and Photo are optional Entry components and a URL address will also be accepted. The completed Contest Entry Form; Letter (1,000 words or less); a Video, Photo or link (optional) must be mailed together in an envelope (no larger than 8 x 10) with proper postage affixed to: Regis & Kelly's Dream Home Giveaway, Ansonia Station, P.O. Box 230233, New York, NY 10023-0004 ("Mail Entry"). A Mail Entry Video must be in one of the following formats: VHS or DVD. Mail Entry Photo must not exceed 8" x 10". Contest Entry Form will also be available by mail. Send a self-addressed stamped envelope to: Regis & Kelly's Dream Home Giveaway "Contest Entry Form," P.O. Box 11029, Burbank, CA 91510. All requests must be received by February 24, 2011. All Mail Entries must be received by March 4, 2011. Entries sent to the Contest Entry Form mailing address will be disqualified.
- Judging Stages: There are up to four (4) judging stages to this Contest, Rounds 1-3 and Round 4 in the event of a tie.
- a. Round 1 Judging: Beginning on or about February 4, 2011 at 2:01 p.m. PT and continuing until on or about March 7, 2011, all Contest Entries will be judged (defined below) by Sponsor and/or its representatives from all eligible Contest Entries received by 11:59 p.m. PT on March 4, 2011 PT ("Round 1 Judging Period"). Letters will be judged based upon the following criteria: 1) Creativity/Originality (0-50 points); 2) Clarity of Thought/Presentation (0-25 points); and 3) Eloquence/Articulation (0-25 points) ("Round 1 Judging Criteria"). Each Letter will receive a score based on one hundred (100) total possible points ("Round 1 Judging Score"). Contestants submitting a Letter that receives eighty (80) points up to one hundred (100) points will be eligible to move on the Round 2 ("Round 2 Contestants"), subject to verification of eligibility and compliance with the Official Rules.
- b. Round 2 Judging: Eligible Contestants whose Round 1 Judging Scores totaled over 80 points or higher (as described above) will be notified during the Entry Period (and/or by March 11, 2011) by a Sponsor's representative who will notify each Round 2 Contestant by telephone (at the telephone numbers provided on that Round 2 Contestant's Entry) of their Round 2 status, and will conduct a telephone interview with each Round 2 Contestant ("Telephone Interview"). Round 2 Contestants will be judged upon the following criteria: Excitement/Exuberance and Personality (0-20 points) ("Round 2 Judging Criteria"). Each Contestant's Telephone Interview score will be added to that Contestant's Round 1 Judging Score for maximum possible Round 2 Judging Score of one hundred twenty (120) points ("Round 2 Judging Score"). The Contestants whose Round 2 Judging Score is one hundred ten (110) points or higher for a maximum of one hundred twenty (120) points, will be required to complete additional documentation before moving on to Round 3. If a Round 2 Contestant (a) cannot be reached by telephone after a reasonable effort has been exerted during five (5) days, (b) is found to be ineligible, or (c) cannot or does not comply with these Official Rules, such Round 2 Contestant will be disqualified and he/she will be forfeit his/her Round 2 status. Once the Round 2 eligible Contestants have been determined by reaching one hundred ten (110) points or higher for a maximum of one hundred twenty (120) points, each eligible Contestant will be sent a packet of information containing required documentation from Contest administrator. Each eligible Contestant will be required to execute (and have notarized) an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, an IRS Form W-9, a Background Check Authorization Form and any other documentation that Sponsor may require (collectively "Affidavit/Release Documents"), which, among other functions, releases Contest Entities from any and all liability and authorizes Sponsor to perform a Background Check on the Contestant. The original unmodified Affidavit/Release Documents must be signed, notarized (as applicable), and returned using the pre-paid FedEx account number provided within five (5) days of receipt, or Contestant's Round 2 status may be forfeited and Sponsor will have no further obligation to such Round 2 Contestant. By completing and/or returning the completed Affidavit/Release Documents, each Contestant attests to the authenticity of his/her Entry. If an eligible Contestant is found to be ineligible, if his/her is returned as Affidavit/Release Documents are undeliverable or were not returned within five (5) days of receipt, or if he/she cannot or does not comply with these Official Rules, such Contestant will be disqualified and he/she will be forfeit his/her Round 2 status. Faxed copies of the Affidavit/Release Documents may be accepted, but the original Affidavit/Release Documents must be returned within five (5) days of receipt or such Contestant will be disqualified and he/she will be forfeit his/her Round 2 status. Once the Affidavit/Release Documents are received, a Background Check of public records and other sources will be conducted on the aforementioned selected Round 2 Contestant. Past records of criminal activity, default beyond allowed cure periods in payment of loans (credit cards, mortgage and/or student loans) and/or having been the subject of a restraining order or protective order or a past history, whether official or anecdotal, reflecting substantial anti-social behavior, DUI, or otherwise presenting a danger to persons or property, may disqualify a Contestant in the sole discretion of the Sponsor. If a Background Check reveals that a Contestant is not a person of good character or standing in their community, has a record of criminal activity, is in default beyond allowed cure periods in payment of loans (credit cards, mortgage and/or student loans), or has been the subject of a restraining order or protective order or otherwise has a past history of substantial anti-social behavior, DUI, or otherwise represents a danger to persons or property such Contestant will be automatically disqualified. Once the Affidavit/Release Documents are received and the Background Check results have been approved, the Round 3 Contestant will be eligible to move on to Round 3 ("Round 3 Contestants"), subject to verification of eligibility, completion of all documentation required (as described above) and compliance with the Official Rules.
- c. Round 3 Judging: Each Letter submitted by (or on behalf of) each eligible Round 3 Contestant's Entry, will be judged upon the following criteria: Most Inspirational Story (0-50 points) ("Round 3 Judging Criteria"). Each Round 3 Contestant's Letter will receive a score based on up to fifty (50) total possible points ("Round 3 Judging Score"). The Contestant who receives the highest Round 3 Judging Score will be deemed the winner, subject to verification of eligibility and compliance with the Official Rules. In the event of a tie, a panel of Round 4 judges (as designated by the Sponsor), will re-score the tied Letters as described below.
- d. Round 4 Judging (the Tie-Breaker" if applicable): The tied Round 3 Contestant Letters will be re-judged based upon the following criteria: 1) Creativity/Originality (0-50 points); 2) Clarity of Thought/Presentation (0-25 points); and 3) Eloquence/Articulation (0-25 points) ("Round 4 Judging Criteria"). Each Letter will receive a score based on one hundred (100) total possible points ("Round 4 Judging Score"). The Contestant submitting the Letter that receives the highest Round 4 Judging Score will be deemed the winner, subject to verification of eligibility and compliance with the Official Rules. In the event of a tie, the Contestant whose Letter receives the higher score for "Creativity/Originality" will be declared the winner. In the event of a further tie, the Contestant whose Letter receives the higher score for "Clarity of Thought/Presentation" will be declared the winner. In the event of a further tie, the Contestant whose Letter receives the higher score for "Eloquence/Articulation" will be declared the Winner. In the event of a further tie, Sponsor in its sole discretion shall choose a Winner based on an evaluation of which Letter is superior overall, taking all categories into consideration. The Round 3-4 judging period will commence on or about the week of March 14, 2011.
- Prize: One (1) Grand Prize: The Grand Prize winner will receive a Home (house or condo) not to exceed $350,000 within his/ her suggested residential area as described in his/her Letter or Telephone Interview. Sponsor (at its sole discretion) will purchase the Home and sign over said home to the winner in winners' name, or otherwise contractually arrange for the direct transfer of the Home to the winner. Approximate Retail Value ("ARV") of Home: from $250,000 up to $350,000 (USD). In addition, Stanley Steemer will provide professional cleaning services of the Home (as needed and applicable at Sponsor's sole discretion) prior to the winner's move, valued up to: $3,000 USD). Sponsor will also re-furbish and/or decorate the Home (at Sponsor's sole discretion) valued up to $50,000 USD. This may include (but not be limited to) minor repairs, basic landscaping, or painting. Grand Prize winner will also receive a cash award (in the form of a check made out to the Grand Prize winner) to help offset any tax liability. ARV of cash award from $87,500 to $122,500 (USD). The total estimated ARV of Grand Prize up to: $525,500 (USD). The value of Grand Prize is in US dollars only ("USD"). The ARV for the Grand Prize may vary depending upon (including but not limited to): type of Home, residential area, state & federal taxes, state to state fee fluctuations, amount spent of re-furbishing and/or repairs and there will be no additional compensation or cash award for the balance, if value of Grand Prize is less than the stated ARV. The Sponsor and Contest Entities fully support the letter and spirit of fair housing laws and will disqualify any Contestant(s) who suggest preferences for housing or neighborhood based on factors prohibited by federal or state law(s), including without limitation on the basis of race, color, national origin, gender, religion, disability, familial status, sexual orientation, marital status, medical condition, and/or age. The Home that the Sponsor purchases on behalf of the Grand Prize winner may be a new or formerly occupied Home. Grand Prize ARV amount(s) cannot be used by or awarded as cash to be utilized by the Grand Prize winner for the purchase or mortgage payment/payoff of his/her current home or any other property. Any difference in actual cost of a prize component in relation to the ARV listed above (including but not limited to cleaning, re-furbishing, and/or decorating), will not be awarded in cash, service credit or in any other form. Sponsor will take responsibility for home purchase fees including but not limited to real estate transaction costs, broker fees/closing costs, title insurance fees, initial taxes, and inspections ("Home Purchase Fees"), the value of such fees to be determined at time of purchase by Sponsor (at its sole discretion). Sponsor reserves the right to structure the purchase of the Home (including but not limited to, location, size and type of structure) in its sole discretion. Items, fees and taxes not specifically mentioned as being included as part of Grand Prize are the sole responsibility of the Grand Prize winner including, but not limited to improvements occurring after title transfer, insurance, utilities, services, moving expenses, transportation, personal items, government fees, and all other costs and expenses not otherwise mentioned herein. Terms and prize conditions subject to change without notice. No substitution, cash equivalent or transfer for the Grand Prize (or prize component), except that Sponsor, at its sole discretion, may substitute a prize (or prize component) with a prize of equal or greater value, whether due to the unavailability of a prize (or prize component), or for any other reason. Any depictions of Grand Prize are for illustrative purposes only. All federal, state/provincial, or other taxes (if applicable) including, without limitation, income taxes and property taxes, are the sole responsibility of the winner. Grand Prize winner will receive an IRS form 1099 from the Sponsor or Contest administrator for the total ARV of their respective Prize (stated herein) for the 2011 tax year. As applicable, prize and prize notification will be delivered to an address within the U.S., D.C. and Canada (excluding Quebec) only. Contest administrator is not the supplier or guarantor of the Grand Prize.
- Notification and Announcement of Winner: Sponsor's representatives and/or producers and representatives of the Show will notify Grand Prize winner at their current residence, at the location of the newly purchased Grand Prize Home or at another location near Grand Prize winner's residence (at Sponsor's sole discretion). Grand Prize winner may not be notified prior to the onsite notification and may be taped or may be "live" for an On Air Broadcast for the Show ("Surprise Notification"). Any and all persons and household members present at the Surprise Notification will be required to complete and sign a Publicity and Liability Release (and/or his/her parent/legal guardian if a minor in the jurisdictions a participant resides) onsite in order to be on tape and broadcast in the On Air Announcement scheduled on or about the week of May 16, 2011.
- Limitation of Liability: Contest 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 limits, or for Entries that are illegible, late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, altered, postage-due, mutilated, illegible, destroyed, or otherwise not in compliance with these Official Rules, whether caused by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries in the Contest, or for failure to receive Entries due to transmission failures or technical failures of any kind and such Entries will be disqualified. By entering the Contest, each Contestant irrevocably agrees and acknowledges to be bound by the Official Rules and all applicable laws, and decisions of the Sponsor which are final and binding in all respects; to forever and irrevocably waive all of his/her rights to claim ambiguity with respect to the Official Rules and to waive all of his/her rights to bring any claim, action, or proceeding against any of the Contest Entities in connection with the Contest; and to forever and irrevocably release, indemnify, and hold harmless each of the Contest Entities and their respective subsidiaries, affiliates, officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the "Releasees"), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, title issues regarding the Home arising after title transfer, utilities/ insurance/taxes and other expenses not specifically mentioned that go along with owning and occupying a home), damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise from, result from or are in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Contestant's Contest Entry, participation or inability to participate in the Contest, (b) the violation of any privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Contest promotional materials, (d) acceptance, attendance at, participation in, possession, defects in, use, misuse, inhabit or inability to use the Grand Prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor's control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Contest Entities' control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Contest Entry (including, without limitation, the Registration Information, Contest Entry Forms, Entry Information, Letters, Affidavit/Release Documents, Background Check, or any parts thereof), (i) any system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by any of the Contest Entities or by a Contestant, (j) interruption or inability to access the Contest, the Website or any other Contest-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Contestant's (or any third person's) computer and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other destroyed, incomplete, undeliverable or damaged Contest Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Contest Entities, or any of their agents or employees, (o) any wrongful, negligent, or unauthorized act of omission on the part of a prize supplier or any of its agents, servants, employees or independent contractors, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) or any other cause, condition, or event whatsoever beyond the control of Contest Entities or their parents, subsidiaries, and affiliated companies. Each Contestant hereby acknowledges that the Contest Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any component thereof.
GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of any prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's laws. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant or entrants bringing forth the controversy or claim (collectively, the "Parties") or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The Parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court). Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest and in no event will entrants be permitted to obtain attorneys' fees or other legal costs; and, under no circumstances, will an entrant be entitled to awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE CURRENTLY UNENFORCEABLE UNDER CALIFORNIA LAW BUT MUTUALLY INTEND FOR THIS SECTION TO APPLY IN THE EVENT SUCH PROVISIONS LATER BECOME ENFORCEABLE UNDER CALIFORNIA LAW.
CONTESTANTS FURTHER UNDERSTAND AND AGREE THAT THEY SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE CONTEST, OR ANY TV SHOW, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
THE INTERNAL SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN CALIFORNIA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THESE OFFICIAL RULES AND ALL OTHER CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THE CONTEST OR THESE OFFICIAL RULES.
- Rules/Prize Winner Information: For a copy of these Official Rules or the Grand Prize winner Information, send a self-addressed, stamped envelope to: Regis &Kelly's Dream Home Giveaway "Rules"/"Prize Winner Information" (specify which), P.O. Box 11353, Burbank, CA 91510. All requests must be received by May 4, 2011. These Official Rules will also be available on the Website during the entire Contest.
- Sponsor: Buena Vista Television, 500 South Buena Vista Street, Burbank, CA 91521-0224.
- Contest administrator: ESG, P.O. Box 7398, Burbank, CA 91510-7398. Contest administrator is not the supplier or guarantor of the Prize.
Official Rules ©2011 ESG. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.