THE ULTIMATE DISNEY PROPOSAL CONTEST
OFFICIAL RULES ("Rules")
1. SPONSOR:
Disney Online, 1200 Grand Central
Avenue, Glendale, California 91201 (ÒSponsorÓ),
is solely responsible for all aspects of this skill-based contest ("Contest").
2. CONTEST ADMINISTRATOR:
Ventura Associates International LLC, 60 East 42nd
Street, Suite 650, New York, NY 10165 (ÒAdministratorÓ),
an independent judging organization whose decisions are final and binding with
respect to the Contest.
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must: [a] be 18 years of age or older or the age of majority in your state of primary residence, whichever is older and a legal resident of, and physically residing in one (1) of the fifty (50) United States or the District of Columbia ("Territory"); [b] be a registered member of Disney.com or related websites on the Disney.com registration system (individually, a "Member") and have downloaded the Disney Applause application (ÒAppÓ) for iPhone, iPad and iPod Touch (iOS 7.0 or later) as well as Android mobile devices; [c] not be an employee of Sponsor, Administrator, their parent, divisions, affiliates, subsidiary company or their advertising, promotion or fulfillment agencies involved in this Contest (collectively, "Entities"), nor a member of the household or immediate family of such employee; [d] be willing to have your Video (as defined below in Section 4) published in the gallery page (ÒGalleryÓ) of the App, during and/or following the conclusion of the Contest or otherwise distributed, in connection with, or to promote, the Contest, and/or App, and/or
for any other
commercial or other purpose as determined by Sponsor (including but not limited
to use on SponsorÕs social media pages); [e] if you are confirmed as the Winner (as defined below in Section 4) be
willing to have your Video and your actual proposal (filmed by Sponsor, more
details below in Section 10) published on the Oh My Disney Blog (ÒBlogÓ) at the conclusion of the Contest
or otherwise distributed, in connection with, or to promote, the Contest and/or
App, and/or for any other commercial or other purpose as determined by Sponsor;
[f] be currently in a relationship
and ready to propose (not currently married or engaged) and [g] not have been convicted of, or
currently charged with, a felony or crime of moral turpitude, as determined by
Sponsor in its sole discretion. Sponsor shall be the final determinate on all
eligibility questions and/or issues and such determinations shall be final.
ÒImmediate family membersÓ shall mean parents, step-parents, children,
step-children, siblings, step-siblings, or spouses, regardless of where they
live. ÒHousehold membersÓ shall mean people who share the same residence at
least three (3) months a year, whether related or not. For the avoidance of
doubt, the above categories of ineligible persons refer to both the Contestant (as
defined in section 4 below) as well as any individual appearing in the ContestantÕs
Video submission in any way.
Instructions on how to register and upload your Video
are described below in Sections 6 and 7.
Registering and uploading your Video are both free of charge.
For purposes of these Rules,
all times and days are Pacific Time (ÒPTÓ). Sponsor's computer is the official time
keeping device for this Contest; and the awarding of the Prize (as defined
below) is subject to the eligibility and forfeiture provisions set forth herein. Void where prohibited and subject to all applicable
federal, state, local and municipal laws and regulations.
4. BRIEF
OVERVIEW OF CONTEST: This Contest is being conducted in two (2) phases as
follows:
Phase 1: Entry/Video: During the period beginning at 12:00pm (noon) (PT),
February 9, 2016, and ending at 11:59am (PT) February 23, 2016 ("Entry Period"), a contestant (ÒContestantÓ) may enter this Contest via
the App, only, to potentially win a prize (ÒPrizeÓ) by submitting a funny, sweet or charming video (the "Video"), in which you as the Contestant
explain why you and your significant other are such big Disney fans that you
deserve a dream Disney proposal. You
must enter via the App; you may not enter via a computer. To
be eligible, a Video must include the submitting Contestant. Your Video may
include the submitting ContestantÕs significant other as long as Contestant has
permission to include the significant other in the Video – see
Section 5 (b), but including a significant
other is not required.
Contestant may enter the
Contest all pursuant to the guidelines and DoÕs and DonÕts included in these Rules
and posted on the App (ÒInstructionsÓ).
See Sections 5 [d] and 5 [g] for more details on the use of Disney Intellectual
Property (ÒDisney IPÓ) if you decide
to include, though no purchase of any kind, nor any visit to a Disney Park is
necessary to submit a Video or enter the Contest.
Format
(ÒFormatÓ) of the Video must be in
one of the following: avi, .wmv,.asf,.mov,.3gp,.mp4,.mpg,
or .m4v.), no larger than 200 MB (ÒFile
SizeÓ), and must be a minimum of :30 seconds and a maximum of two (2)
minutes in duration (ÒDurationÓ). Videos that are too long will only be judged up until the two (2) minute
mark.
ANY individual (should you
decide to include your significant other) who appears in your video must
consent to be included in the Contest.
Sponsor shall make all eligibility determinations
regarding the Videos and any individuals included in a Video. See below for details regarding Video
content, formatting and other Video requirements and restrictions, as well as
the guidelines and DoÕs and DonÕts.
Limit one
(1) Video per Member, regardless of
whether a person has more than one (1) Member account or more than one person
uses the same Member account. If
you attempt or are suspected of attempting (in the sole discretion of Sponsor
or Administrator) to circumvent this limitation by any means, including but not
limited to establishing multiple Member accounts, you may be disqualified from
the Contest. In the event that the same Video is received from more than one
(1) Contestant, the Video will be deemed to be submitted by the first
Contestant who the Video was received from. In the event that more than one (1)
Video is received from a Contestant within the same day, only the first Video
received will be accepted.
Phase 2:
Judging/Winner Selection: During
the period between February 24, 2016 and March 6, 2016 (ÒJudging PeriodÓ), Videos will be judged by SponsorÕs appointed
panel of judges consisting of employees of Sponsor ("Judges") who will score the eligible Videos based on the
following criteria ("Criteria"):
Creativity (60%), Personality (20%), and Relevance to Theme (20%) in order to
choose the potential winner (ÒWinnerÓ)
for this Contest. Winner is subject
to verification and compliance with these Rules and the Terms of Use (ÒTOUÓ) currently located at
http://DisneyTermsofUse.com.
TIED ENTRIES: In the
event of a tie, the tie will be broken by the Judges based on the first
Criteria – Creativity. The
decision of the Judges shall be final and binding.
5. VIDEO
REQUIREMENTS, LIMITATIONS & GUIDELINES: Follow the Instructions below in these Rules (also available on the App)
to create your Video. Videos should
adhere to all specifications included in these Rules. Any Video that fails to meet the
specifications in these Rules may be disqualified, as determined by Sponsor in
its sole discretion. All Videos
must be received during the Entry Period. Any Video received after the Entry Period
will be disqualified. Proof of submitting a Video does not constitute proof of
receipt or entry into the Contest.
DOÕs & DON'Ts
DoÕs...
á Do protect your
privacy.
Please donÕt mention
any last names or other personal information in your Video. Also, donÕt
include any names and/or
likenesses of any person(s) other than your significant other as long as s/he has consented to be included in the Contest.
á
Do be original.
Video has to be 100% original, so feel free to put
your own spin on it. Only submit a Video that has not been submitted
previously in a promotion or contest of any kind.
á
Have fun!
Don'ts...
Filmmaker Tips
á
Shoot in Landscape or Widescreen mode.
Try to hold the camera so your Video comes out wider than it is tall (like a
movie screen), but this is a suggestion, not a requirement.
á
Be Bright.
Use sunlight, light bulbs, whatever! Shoot with lots of light coming from
behind the camera and shining on you (or you and your significant other)!
á
Speak Up.
The closer you (or you and your significant other) are to the camera or separate
microphone, the better the voice(s) will sound.
á
Keep it Steady.
Make sure your camera is on a tripod or make sure something is holding it
steady.
If your Video was
taken inside of a Disney Park (which is optional), in addition to the DoÕs and
DonÕts above please adhere to the guidelines below:
Attraction Safety
á No part of a guestÕs
body may be outside the vehicle area
á No images of a guest
riding with arms raised (e.g. on a rollercoaster) can be included.
á Guest cannot be visibly
turned around in their seat to film while on the attraction
á Guest should be facing forward, safety
belt/bar securely in place, no extreme leaning out of the vehicle, etc.
á Guest on attractions
must be following all height restrictions
ADA Capabilities
á DonÕt show use of
unapproved methods of accommodating disabilities.
CONTEST
VIDEO REQUIREMENTS/LIMITATIONS:
a.
The Video must be authorized. This
means that you must have the legal right and any permissions necessary to
submit the Video into the Contest. By submitting the Video, you hereby
represent that you have all rights necessary to submit the Video, distribute the Video through the App or any other website
and to grant to Sponsor the rights set forth herein.
b. You must have the consent of your significant other if s/he appears
in the Video (including the videographer, if other than you) granting the Contestant
the right to include such person in the Video (if any such person is a minor,
as defined by their state of residence, such permission must have been obtained
from that minorÕs parent); and consenting to the submission and use of the Video
in the Contest and to its use as set forth herein. Potential Winner must furnish proof of such consents in
a form satisfactory to Sponsor as a condition of being confirmed as a Winner as
set forth in Section 8 below. Should a potential Winner fail to furnish such
proof in a form acceptable to Sponsor, Contestant/potential Winner understands
and agrees that he/she will be disqualified from being a potential Winner and
will forfeit the opportunity to possibly win a Prize.
c. As set forth in Section 3, any person who appears in
the Video must not be an employee of the Entities, nor a household member or
immediate family member of such employee.
d.
With the exception of any Disney IP you might include (which
is optional), the Video must be your original work and must not infringe the
copyright, trademark, privacy, publicity or any other intellectual property
right of any person or entity.
e.
The Video must not, in the sole discretion of Sponsor,
contain any inappropriate content including but not limited to, material which
is (or promotes activities which are) abusive, harassing, threatening, an
invasion of a right of privacy of another person, bigoted, hateful, racially
offensive, discriminatory (based on race, sex, religion, national origin,
physical disability, sexual orientation or age), violent (e.g., relating to
murder, the sales of weapons, cruelty, abuse, etc.), vulgar, obscene,
pornographic or otherwise sexually explicit, harmful or can reasonably be
expected to harm any person or entity, profane, offensive or otherwise
objectionable as determined by Sponsor and/or Administrator in their sole
discretion; must not contain
material which is (or promote activities which are) illegal or encourage or
advocate illegal activity or the discussion of illegal activities with the
intent to commit them (including but not limited to Videos that are, or
represent an attempt to engage in, child pornography, stalking, sexual assault,
fraud, trafficking in obscene or stolen material, underage drinking, drug
dealing and/or drug abuse, harassment, computer hacking, theft, or conspiracy
to commit any criminal activity) or otherwise unlawful. The Video must not
violate these Rules or the TOU.
f.
The
Video must not disparage the Entities.
g.
With the exception of any Disney IP you may use in your Video
(which is optional), you represent and warrant that: (i) you are the sole and
exclusive owner of the Video and all rights in and to the Video; (ii) you have
the full and exclusive right, power and authority to submit the Video to
Sponsor upon the terms and conditions set forth herein; (iii) no rights in the Video
have previously been granted to any person, firm, corporation or other entity
or otherwise exercised or exploited; (iv) the Video has not been submitted for
any other contest(s) and it has not won any previous awards or prizes; and (v)
the full use of the Video or any part thereof will not in any way violate or
infringe upon any copyright (statutory or otherwise), constitute a libel or
defamation of or an invasion of the rights of privacy or publicity of, or
otherwise violate or infringe upon any other personal, property or other rights
of any person, firm, corporation or other entity or subject Sponsor to any
costs or liability of any kind or nature whatsoever.
If Sponsor believes that the Video does not comply
with the TOU, these Rules or that the Video potentially or actually infringes
upon the copyright, or other rights of any third party, Sponsor reserves the
right in its sole discretion to disqualify and remove any Video at any time.
SponsorÕs decisions regarding the Videos is final and binding and not subject
to challenge or appeal.
6. HOW
TO REGISTER: After you download the
App, if you are already a Member, you may enter the Contest by logging in to
the App with user name (ÒUser NameÓ)
or email address (ÒAddressÓ) and
password and following the Instructions in Section 7 below. There is no charge for the App, but your
mobile carrier and/or internet provider may apply normal access, usage and data
charges. If you are not a Member, you may become a Member free of charge by
visiting the App and registering by providing the requested information on the
registration form through the "Sign Up" link on the App. Upon
becoming a Member, you may enter the Contest by following the Instructions in
Section 7 below. It is your sole responsibility to notify Sponsor if you, as a
Contestant, change your Address. To do so, go to
http://register.go.com/go/memberservices/home, log into your Disney.com account
(from your computer only) with your User Name or Address and password, click on
ÒModifyÓ and follow the instructions on how to change the Address. Members will be required to click where
indicated to signify that they accept and agree to be bound by the TOU.
7. HOW
TO SUBMIT YOUR VIDEO: Once you have taken your Video and downloaded the App,
submit your Video by completing the following: (a) login using your User Name (or Address) and password; (b) enter your first name; and (c) click the ÒSelect a file to uploadÓ
button or other similar button to upload your Video and submit your entry.
By submitting a Video, you
will be agreeing to be bound by the TOU, to these Rules and the decisions of
the Judges and Sponsor, which are final and binding in all respects. Thereafter, your Video will be moderated
for possible inclusion on the App or otherwise at
SponsorÕs sole discretion.
In the event of any discrepancy
or inconsistency between the terms of these Rules, the Privacy Policy (defined
below) and/or TOU, the terms of these Rules shall govern. Sponsor reserves the right
not to post any Video for any reason in its sole discretion. Videos will not be returned, and Sponsor reserves
the right to use any portion of the Video in
perpetuity, without compensation, for any commercial or promotional or other
purpose, except where prohibited by law.
Your Video may be edited, adapted, modified and/or used to create derivative works
by Sponsor at its sole discretion.
If your Video does not pass moderation, your Video will
not be eligible to be entered
into the Contest.
By
entering the Contest, and without limitation of any other terms herein or as
part of the TOU, each Contestant understands and agrees that eligible Videos received by Sponsor may be
posted, in whole or in part, on the App and/or other platforms for public
viewing at any time; such posting has no effect on the judging of Videos. Contestants
understand and agree that Videos may be formatted, edited or otherwise
converted in order to be viewable in the App. Sponsor reserves the right to
remove any such posted Video at any time and for any reason, without liability
of any kind. Sponsor may but is not obligated to post Videos on the App
or other platforms; if Sponsor chooses to do so, such posting is for entertainment
purposes only and Contestant releases and agrees to hold harmless the ÒReleased
PartiesÓ (as defined below) from any and all liability associated with possible
posting (or, conversely, non-posting) of his/her Video, including his/her
express acknowledgment that if posted, posting of the Video does not constitute
any representation by Sponsor as to Contest eligibility. FOR ALL POSTED VIDEOS,
THE VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTESTANT AND
DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.
8. WINNER NOTIFICATION PROCESS/ANNOUNCEMENT: On or about March 7,
2016, the potential Winner will be notified by email (ÒEmail NotificationÓ) at the Address associated with their Member
account to verify his/her identity so that Administrator can send an affidavit
of eligibility/release of liability (ÒAffidavitÓ).
At the sole discretion of the Sponsor, disqualification and the selection of an
alternate Winner may result from any of the
following, without limitation: [a] a
potential WinnerÕs failure to respond to Email Notification within
forty-eight (48) hours after its
transmission; [b] the return of an
Email Notification as undeliverable after three (3) attempts or return of an
Affidavit as undeliverable after two (2) attempts; [c] a potential WinnerÕs
failure to provide Sponsor with satisfactory proof of eligibility; [d] a potential Winner's failure to
execute and return by overnight delivery service (pre-paid by Administrator)
all Sponsor-requested documents including without limitation an Affidavit
within five (5) business days after transmission; [e] WinnerÕs failure to be available to complete the Trip (as
defined below) from April 18, 2016 to April 21, 2016 and [f]
any other
non-compliance with these Rules or TOU. In the event of a disqualification or
Prize forfeiture, Sponsor may, in its sole discretion, select or not select an
alternate potential Winner and award or not award the forfeited Prize. In the
event of a Prize forfeiture, the Sponsor/Administrator may, in its sole
discretion, award or not award the forfeited Prize to an alternate Winner, time
permitting. The Group (defined below in
Section 9) must travel together on the same
itinerary and members of the Group are solely responsible for obtaining any and
all necessary travel documents (i.e. valid photo I.D, passport, etc.) before
departure. All Guests will be
required to execute a Release of Liability prior to ticketing. All
federal, state and local taxes (including, but not limited to income and
withholding taxes), sales taxes, on or connected with the Prize, and the
reporting consequences thereof, are solely the responsibility of the Winner. Winner
will receive an IRS Form 1099-MISC
reflecting the final actual value of his/her Prize. Prize is subject to California nonresident
withholding taxes if Winner is a
non-resident of California.
9. PRIZE/APPROXIMATE RETAIL VALUE (ÒARVÓ): One (1)
Winner will receive the Prize.
Prize includes a four (4) day, three (3) night trip for Winner and
one(1) guest (the ÒGuest,Ó
and together with the Winner, the ÒGroupÓ) to Walt
Disney World¨ Resort near Orlando, Florida (ÒCityÓ) from April
18, 2016 to April 21, 2016, consisting of the following elements for the
Group (collectively ÒTripÓ): [a] a four (4) day, three (3) night
stay at a Disney Deluxe Resort hotel (at SponsorÕs discretion); [b] if WinnerÕs residence is located
more than two hundred fifty (250) miles from City, round-trip coach air
transportation (with possible layovers) for the Group on a Sponsor-selected
carrier between a Sponsor-selected major metropolitan airport near WinnerÕs
residence (ÒAirport of OriginÓ) and Orlando
International Airport; but if WinnerÕs residence is located two hundred fifty
(250) miles or less from City, then air transportation will not be provided; [c] round trip ground transfers from Orlando International Airport and
the Walt Disney World¨ Resort via DisneyÕs Magical Express coach service
if air transportation is provided; [d] two
(2) 3-Day Magic Your Way Tickets with
Park Hopper¨ Option (subject to
restrictions); [e] a DisneyÕs Fairy
Tale Weddings Òproposal package,Ó chosen at SponsorÕs sole discretion,
including the help of an engagement planner to create and execute a custom
surprise proposal based on WinnerÕs interests and personality, and [f] a copy of the recording of the live
proposal produced by DisneyÕs Fairy Tale Weddings. The recorded proposal plus
the original entry Video will appear within an
article on the Blog. Specific post in which the Winner will appear is at
the sole discretion of Sponsor. If the
Prize is awarded to a non-resident of California, the Prize will also include
an estimated cash amount of $528.50,
which cash amount will be withheld to defray his/her payment of taxes payable
as a result of winning the Prize. ARV (if Winner is a resident of
California): $7,550, or $8,078.50 (if Winner is not a resident
of CA), which will vary depending upon point of departure and seasonal
fluctuation of hotel rates and airfares. All expenses associated with claiming
the Prize not specifically mentioned herein are not included and are solely the
WinnerÕs responsibility, including but not limited to: round trip
transportation between the WinnerÕs residence and any Airport of Origin,
alcoholic beverages, fax, food, gratuities and tips, insurance, laundry
service, merchandise, parking, room service, service charges, souvenirs and
telephone calls. A credit card may be required upon check-in for any
miscellaneous room charges.
Travel, lodging and Prize
elements are subject to availability, certain restrictions, blackout dates and
SponsorÕs approval. Airline carrier and hotel regulations and conditions apply.
Winner must take Trip from April 18,
2016 to April 21, 2016, or Prize will be forfeited in its entirety and, at
SponsorÕs discretion, awarded to an alternate Winner, time permitting.
Travel must be made through SponsorÕs agent and Sponsor shall determine airline
and flight itinerary in its sole discretion. Once the travel schedule has been
arranged, it cannot be altered and failure of Winner to follow such schedule
shall not obligate Sponsor in any way to provide the Winner with alternate
arrangements. Released Parties (as defined below) are not responsible for
airline cancellations or delays. If the actual value of the Prize is less than
the stated ARV, the difference will not be awarded. Any depiction of any portion
of the Prize, in advertising or otherwise, is for illustrative purposes
only. Prize is not redeemable for
cash or transferable. No substitution allowed except, at SponsorÕs sole
discretion, a prize of equal or greater value may be substituted. Neither
Sponsor nor Administrator will replace any lost, mutilated or stolen tickets, travel
vouchers or certificates. Prize elements may not be separated. Airline tickets
issued in conjunction with the Prize are not eligible for frequent flyer miles,
and no code share flights may be used. Prize cannot be used in conjunction with
any other promotion or offer. Prize will be awarded provided a sufficient
number of eligible Videos are received and Prize is validly claimed by March 28,
2016, after which date no alternate Winner will be selected, nor unclaimed Prize awarded. Prize is subject to verification
of eligibility/timely receipt of Affidavit and compliance with these Rules and
the TOU.
10. PRIVACY
POLICY/DATA COLLECTION: All personal information provided by you for this
Contest is subject to SponsorÕs privacy policy located at
https://disneyprivacycenter.com (ÒPrivacy
PolicyÓ).
11. GENERAL
RULES:
a. Disputes
Over WinnerÕs Identity: In the event of a dispute as to the identity of a Winner
based on the Address and/or Member account, the winning Video will be declared
made by the Authorized Account Holder of the Address associated with the Member
account. For purposes of these
Rules, ÒAuthorized Account HolderÓ
is defined as the natural person who is assigned to an Address by an Internet
access provider, online service provider or other organization (e.g., business,
educational, institution, etc.) that is responsible for assigning Addresses for
the domain associated with the submitted Address.
b. Site
Marks: By participating in the Contest, you acknowledge and agree that the App may
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. Except as expressly authorized by
Sponsor in writing, you agree not to use, reproduce, exploit, modify, rent,
lease, loan, sell, distribute or create derivative works from content on the App,
including its interface, in whole or in part, or any other logos and product
and service names that are trademarks of the respective owners (the ÒWebsite MarksÓ). Unless you have written permission, you
hereby agree not to display or use in any manner the Website Marks.
c. Rights:
[i] Name and Likeness Rights:
By participating in the Contest and accepting the Prize you grant to Sponsor,
its affiliates and licensees, and their advertising and promotion agencies, a
perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable
and transferable (in whole or part) worldwide right to use your (or your
significant other, if s/he appears in the Contest) name, likeness, voice and
biographical information, and any other material submitted in connection with
the Contest. All rights granted to
Sponsor in this paragraph shall be in all media formats and channels now known
or hereafter devised (including, but not limited to, on the App, on the
SponsorÕs or third party websites, on SponsorÕs broadcast and cable networks
and stations, on SponsorÕs 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 to you,
with or without attribution, and without the requirement of any permission from
or payment to you or to any other person or entity.
[ii] Video Rights: By entering this Contest and/or accepting any Prize
you may win, you agree and represent that you grant to Sponsor: [1] a
non-exclusive, sublicensable, irrevocable and
royalty-free worldwide license under all copyrights, trademarks, patents, trade
secrets, privacy and publicity rights and other intellectual property rights to
use, reproduce, transmit, print, publish, publicly display, exhibit,
distribute, redistribute, copy, index, comment on, modify, adapt, translate,
create derivative works based upon, publicly perform, make available and
otherwise exploit such Video, in whole or in part, in all media formats and
channels now known or hereafter devised (including on third-party sites and
platforms such as Facebook, YouTube and Twitter), in any number of copies and
without limit as to time, manner and frequency of use, without further notice
to you, with or without attribution, and without the requirement of permission
from or payment to you or any other person or entity, and [2] if your Video
includes, uses and/or features Disney IP, Sponsor grants you a non-exclusive license
to use Disney IP for the purposes of creating an Video for this Contest only,
provided that such license shall be conditioned upon your assignment to Sponsor
of all rights into the Video (if such rights are not assigned to Sponsor, your license
to create the Video using Disney IP shall be null and void).
d. No
Confidential or Fiduciary Relationship: You understand and agree that creative ideas, suggestions
or other materials you submit are not made
in confidence or trust and that no confidential or fiduciary relationship is
established by your submitting the Video hereunder, that you have no
expectation of review, compensation or consideration of any type and nothing in these Rules or as a result of your
submitting the Video shall be deemed to place Sponsor in any different position
from anyone else to whom you have not submitted the Video.
e. Comments:
You agree that Sponsor, its affiliates, and its and their third-party vendors
engaged to implement this Contest, are authorized to display the Video and any comments for promotional or any other
purpose including but not limited to on television, on-air, or on any of the
SponsorÕs websites or social media pages.
f. Not
Responsible for Errors or Videos not Received:
Sponsor is not responsible for any typographical or other errors in the
printing of the Rules, administration of the Contest or the announcement or
distribution of the Prize, or for lost, late, misdirected, damaged, incomplete
or illegal Videos.
12. RELEASE,
WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION/CONDITIONS: By participating in this Contest, you (the
Contestant) expressly understand and agree that: [a] you hereby release and hold
harmless the Entities and each of their respective agents, employees, officers,
directors, shareholders, representatives and independent contractors (collectively,
the ÒReleased PartiesÓ) from any and
all liability for claims, demands, losses and liabilities, including, without
limitation, for death and bodily injury, resulting, in whole or in part,
directly or indirectly, from your participation in the Contest and/or the use
or acceptance of any Prize won; [b] YOUR
USE OF THE APP AND PARTICIPATION IN THE CONTEST ARE AT YOUR SOLE RISK. THIS
CONTEST IS PROVIDED ON AN ÒAS ISÓ AND ÒAS AVAILABLEÓ BASIS. THE RELEASED
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; [c] you agree to indemnify and hold
harmless the Released Parties from and against any and all claims, liabilities
(including, but not limited to, attorneysÕ and expertsÕ fees, costs and
disbursements), demands and actions of every kind and nature, whether or not
now known or suspected (collectively, ÒClaimsÓ),
arising out of or in connection with (i) your participation in the Contest;
(ii) any Video submitted by you
(including, but not limited to, any and all claims by third parties, whether or
not groundless, based on the inclusion of such material); (iii) any posting by
you on SponsorÕs App; (iv) the use by Released Parties of any of the rights
granted by you in connection with the Contest; and (v) any breach by you of any
warranty, agreement or representation contained in these Rules or TOU or in any
documentation submitted by you; [d] all Claims shall be resolved individually, without
resort to any form of class action; [e]
all Claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, but in no event include
attorneysÕ fees, and under no circumstances will any Contestant be permitted to
obtain awards for, and hereby waives all rights to claim, punitive, incidental,
special, consequential damages and any other damages, other than for actual
out-of-pocket expenses and waives all rights to have damages multiplied or
otherwise increased; [f] a WinnerÕs acceptance of the Prize
constitutes the grant of an unconditional right to Sponsor and assigns to photograph,
film, or otherwise capture the fulfillment of the Prize (ÒFulfillment FilmingÓ), and Sponsor shall have the unconditional
right to reproduce, distribute, display, exhibit, transmit, broadcast, stream,
synchronize with visual material, modify, amend, create derivative works from,
and otherwise use and permit others to use the Fulfillment Filming throughout
the universe in any and all media now known or hereafter devised, in all
languages and in all versions, in perpetuity, without compensation, for any
commercial or promotional or other purpose, except where prohibited by law; [g] SponsorÕs use of the Fulfillment
Filming as described herein will not give rise to any claims of infringement,
invasion of privacy, defamation or claims for performance or payment of any
kind, including but not limited to payment of re-use fees, residuals or license
fee, and [h] Sponsor shall have the right to make such changes to the
Fulfillment Filming and make such uses thereof as it deems necessary or
desirable, including but not limited to the right to use, edit, and reproduce
and/or alter said Fulfillment Filming in perpetuity, in its entirety or in
part, for any commercial or
promotional purposes worldwide without any consultation or additional
permission, or compensation, credit or attribution.
13. INTERNET/MOBILE:
a. Sponsor
is not responsible for any electronic transmission errors resulting in any
omission, interruption, deletion, defect, delay in operations or transmissions,
theft or destruction or unauthorized access to or alterations of any Videos
submitted, or for any technical, network, telephone equipment, electronic,
computer, hardware or software malfunction or limitations of any kind, or any
inaccurate transmissions of or failure to receive entry information on account
of technical problems or traffic congestion on the Internet or through
mobile/satellite. If for any reason the Contest is not capable of running as
planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, an insufficient number of Videos, or
any other causes beyond SponsorÕs control which corrupt or affect the
administration, security, fairness, integrity, or proper conduct of this
Contest, Sponsor reserves the right in its sole discretion to cancel,
terminate, modify, extend and/or suspend the Contest and/or to award the Prize
based on alternate means including, without limitation, based on Videos
received prior to termination. The Entities are also not responsible for any changes to any
App or mobile function that may interfere with the Contest or ability to upload
Videos timely.
b. SPONSOR
RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR
ARE SUSPECTED OF TAMPERING WITH THE ENTRY PROCESS. ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE
ANY WEBSITE OR APPLICATION OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT
LIMITED TO, THE APP, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS
A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM YOU TO THE
FULLEST EXTENT OF THE LAW. IF SPONSOR IN ITS SOLE DISCRETION BELIEVES THAT ANY
SUCH CONDUCT HAS OCCURRED, THEN SPONSOR MAY TAKE SUCH REMEDIAL MEASURES AS
SPONSOR DEEMS APPROPRIATE IN KEEPING WITH THE FAIRNESS AND INTEGRITY OF THE
CONTEST.
14. GOVERNING
LAW: All
issues and questions of your rights and obligations in connection with this
Contest shall be governed by, and construed in accordance with, the laws of the
State of New York, U.S.A., without giving effect to the conflict of laws rules
thereof and any matters or proceedings which are not subject to arbitration as
set forth in these Rules and/or for entering any judgment on an arbitration
award, shall take place in the State of New York, in the city of New York,
borough of Manhattan. Any legal
controversy or legal claim arising out of or relating to these Rules or this
Contest, shall be settled by binding arbitration in accordance with the terms
set forth in the TOU.
15. WINNERÕS LIST: For the name of the Winner (after March 28, 2016 and before June 30, 2016) and/or Rules (before February 23, 2016), send a separate, stamped, self-addressed envelope to: The Ultimate Disney Proposal Contest WinnerÕs List/Rules Requests, c/o Ventura Associates, Dept. BW, 60 East 42nd Street, Suite 650, New York, NY 10165, designating either ÒWinnerÕs ListÓ or ÒRules.Ó