SHOW YOUR EARS CONTESTS
OFFICIAL RULES ("Rules")

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.  MANY WILL ENTER. FEW WILL WIN.

1.         SPONSOR: Disney Online, 1200 Grand Central Avenue, Glendale, California 91201 (“Sponsor”), 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 (“Administrator”), 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 13 years of age or 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  (“App”) 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 Submission (as defined below in Section 4) published in the gallery page (“Gallery”) of the App 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; and [e] if you are a minor ("Minor") as defined by your state of residence, you must  get your parent's or legal guardian's ("Parent") permission to enter.

Instructions on how to register and upload your Submission are described below in Sections 5 and 7.  Registering and uploading your Submission are both free of charge.  Void where prohibited and subject to all applicable federal, state, local and municipal laws and regulations.     

 4.        BRIEF OVERVIEW OF CONTEST:
The Contest consists of two (2) separate Contests (“Contest #1” and “Contest #2”), each with its own entry period (““Entry Period #1”  and “Entry Period #2”) and judging period (“Judging Period #1” and “Judging Period #2”) per the chart below.

Entry/Submission: During the period commencing on or about 12:01 AM (PT), November 20, 2014, and ending at 11:59 PM (PT) March 31, 2015 ("Master Entry Period"), you may compete to possibly win one (1) of twenty (20) available prizes (ten (10) prizes awarded in each of Contest #1 and Contest #2) (see below for more details) by submitting a photo (“Photo”) via the App, only, in which you as the contestant (“Contestant”) are depicted wearing your Mickey, Minnie or Oswald ears (“Ear Hat”) or if you do not have an Ear Hat, you may send a Photo of yourself showing your real ears  (collectively, "Entry" or "Entry Material"), all pursuant to the guidelines and Do’s and Don’ts included in these Rules and posted on the App (“Instructions”)(collectively a "Submission"). You must enter via the App; you may not enter via a computer. 

You will be entered into the relevant Contest based on when your Entry is received. Entry Periods are as follows:

• Judging/Winner Selection: During the Judging Periods listed in the chart below, Sponsor's appointed panel of judges consisting of employees of Sponsor ("Judges") will score the eligible Submissions based on the following criteria ("Criteria"): Creativity (60%), Personality (20%), and Photo Quality (20%) in order to choose ten (10) potential winners (“Winner(s)”) for each  Contest.  Winners are subject to verification and compliance with these Rules and the Terms of Use (“TOU”) 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.

Contest	Judging Period
#1	12/22/14-12/24/14
#2	4/6/15-4/8/15

Please be sure to review the Official Rules and Do’s and Don’ts below before you take your Photo.    

When creating your Submission, you must adhere to the Do’s & Don’ts below and on the App.

DO’s & DON'Ts

Do’s...

• Do get your Parent’s permission, if you are a Minor, to enter the Contest.  If you are a Minor, you must get permission from a Parent before entering the Contest.
• Do protect your privacy.
  Please don't include any names and/or likenesses of any person(s) other than yourself. 
• Do be original. Your Submission has to be 100% original.
• Have fun!

 
Photographer 411

• Shoot in Landscape or Portrait mode.
  Try to hold the camera so your Photo comes out wider than it is tall, but this is a suggestion, not a requirement.
• Be Bright.
  Use sunlight, light bulbs, whatever! Shoot with lots of light coming from behind the camera and shining on you!
• Keep it Steady.
  Make sure your camera is on a tripod or make sure something is holding it steady. 

Don'ts...

• Don't show any brands or logos.
  That means no visible/recognizable use of brands (other than Disney-branded items including the Ear Hat) on clothes, sneakers, in the background, or anywhere.  Don’t wear clothes with visible logos.
• Don’t include more than one (1) person in the Photo, and that person must be you.
• Don't be rude or use any inappropriate gestures.
  Avoid rude gestures and other inappropriate stuff and for your safety, don't try any risky moves or perform dangerous stunts.
• Don’t wear revealing clothing or make suggestive movements.
• Don't send a Photo that is too big or the wrong format.

Photo must be less than 10MB in file size (“Size”) and in jpg or png format (“Format”).

For purposes of these Rules, all times and days are Pacific Time (“PT”).  Sponsor's computer is the official time keeping device for this Contest; and the awarding of any prizes is subject to the eligibility and forfeiture provisions set forth herein.

5.    HOW TO REGISTER: After you have downloaded the App, as a Member of Disney.com, you may enter the Contest by logging in to the App with your Member name and password and following the instructions in Section 7 below.  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.  Normal App access and data usage charges imposed by your mobile service provider will apply.  It is your sole responsibility to notify Sponsor if you, as a Contestant, change your email address (“Address”).  To do so, go to http://register.go.com/go/memberservices/home, log into your Disney.com  account on your computer with your Member name and password, click on “Modify” 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 and the Rules.  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.

6.         HOW TO CREATE A CONTEST SUBMISSION: Follow the Instructions to create your Submission.  Submissions should adhere to all specifications included in these Rules.  Any Submission that fails to meet Sponsor's specifications may be disqualified.  Any duplicate or materially similar Submissions will be disqualified.  If you attempt or are suspected of attempting (in the sole discretion of Sponsor) to circumvent this limitation by any means, including but not limited to establishing multiple Member accounts, you may be disqualified from the Contest. All Submissions must be received during the Master Entry Period (and to be eligible for a specific Contest, Submissions must be received within that applicable Entry Period). ). For the avoidance of doubt, for Contest #1 all Submissions must be received by 11:59 PM (PT), December 19, 2014 and for Contest #2, all Submissions must be received by 11:59 PM (PT), March 31, 2015. Proof of submitting a Submission does not constitute proof of receipt or entry into the Contest. 

7.         HOW TO SUBMIT A SUBMISSION:  Once you have created your Submission and downloaded the App, submit your Photo by completing the following: (a) login using your Member name and password; (b) find the icon representing this Contest; (c) enter your first name, and (d) click the “Upload” button to submit. If everything was entered successfully, you will receive a message thanking you for your Submission. By submitting a Submission, you will be agreeing to the TOU, to these Rules and the decisions of the Judges and Sponsor, which are final and binding in all respects. Furthermore, you grant Sponsor permission to email your Address regarding the possible use in any media of any Submission submitted by you. Thereafter, your Submission will be moderated for possible inclusion within the App.

Sponsor reserves the right not to post any Submission for any reason in its sole discretion. Submissions will not be returned, and Entities reserve the right to use any portion of Submissions in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law.  Your Submission may be edited, adapted, modified and/or used to create derivative works by Sponsor at its sole discretion.

8.         CONTEST SUBMISSION REQUIREMENTS/LIMITATIONS: All Submissions must meet the following requirements and specifications to be eligible:

1. The Submission must be authorized.  This means that you must have the legal right and any and all permissions necessary to submit the Submission into the Contest.  By submitting the Submission, you hereby represent that you have all rights necessary to distribute the Submission through the App or any other website and to grant to Sponsor the rights set forth herein.
2. With the exception of the Ear Hat (if your Photo includes the Ear Hat), the Submission 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.
3. The Submission must meet all specifications set forth by Sponsor in these Rules and/or Instructions, including, without limitation, Format, file Size and any other specifications.
4. The Submission 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 Submissions 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 Submission must not violate these Rules or the TOU.
5. The Submission must not disparage the Entities.
6. With the exception of the Ear Hat (if your Photo includes the Ear Hat), you represent and warrant that: (i) you are the sole and exclusive creator and owner of the Submission, and all rights thereto; (ii) you have the full and exclusive right, power and authority to submit the Submission to Sponsor upon the terms and conditions set forth herein; (iii) no part of the Submission has been previously published; (iv) no rights in the Submission have previously been granted to any person, firm, corporation or other entity or otherwise exercised or exploited, and (v) the full use of the Submission 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.
7. There is a limit of one (1) Submission per Member for Entry Period #1 and one (1) Submission per Member for Entry Period #2.  Submissions from Entry Period #1 will not carry over into Entry Period #2. You may submit the same Submission in both Entry Periods.  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 Submission is received from more than one (1) Contestant, the Submission will be deemed to be submitted by the first Contestant who the Submission was received from. In the event that more than one (1) Submission is received from a Contestant within the same Entry Period, only the first Submission received will be accepted.

9.         SPONSOR'S RIGHT TO DISQUALIFY: If the Sponsor believes that the Submission does not comply with the TOU, these Rules or that the Submission 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 Submission at any time.

In the event that a Winner is disqualified, the prize will be forfeited and may or may not, at Sponsor’s sole discretion, be awarded to an alternate Winner selected from among the remaining eligible Submissions.

10.      PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): Ten (10) Winners for each of the two (2) Contests (a total of twenty (20) Winners) will receive the opportunity to have their Submission appear in a gallery format within a blog article on the Oh My Disney blog (“Prize”). Specific blog post that the Winner will appear in is at the Sponsor’s sole discretion. Limit one (1) Prize per person/family/household. Approximate Retail Value (“ARV”): $0. All expenses associated with claiming the Prize not specifically mentioned herein are not included and are solely the Winner’s responsibility.  Any depiction of a Prize is for illustrative purposes only.  Prize is not transferable.  No substitution allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted.   Prizes will be awarded provided a sufficient number of eligible Submissions are received, and Prizes are validly claimed by May 30, 1915, after which no alternate Winners will be selected, nor unclaimed Prizes awarded. Prizes are subject to verification of eligibility/timely receipt of Affidavits (as defined below) and compliance with these Rules and the TOU.  If a Winner is a Minor, the Prize will be awarded for the benefit of the Minor to his/her Parent, who will be solely responsible on behalf of the Minor for all applicable documentation and taxes.

11.      WINNER NOTIFICATION PROCESS/ANNOUNCEMENT: On or about five (5) business days after Judging has been completed, the potential Winners, or their Parent if they are a Minor, will be notified by email (“Email Notification”) at the Address associated with their Member account to obtain his/her mailing address so that Administrator can send an affidavit of eligibility/release of liability (“Affidavit”). 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 Winner’s 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 Winner’s 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, and [e] 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.  

12.      PRIVACY POLICY/DATA COLLECTION: All personal information provided by you for this Contest is subject to Sponsor’s privacy policy located at https://disneyprivacycenter.com (“Privacy Policy”).

13.      GENERAL RULES:

1. Disputes Over Winner's Identity: In the event of a dispute as to the identity of a Winner based on the Address and/or Member account , the winning Submission will be declared made by the Authorized Account Holder of the Address associated with the Member account.  For purposes of these Rules, "Authorized Account Holder" 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.
2. Site Marks: By participating in the Contest, you acknowledge and agree that the App contains 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 "Website Marks").  Unless you have written permission, you hereby agree not to display or use in any manner the Website Marks.
3. Rights:

   [i] Name and Likeness Rights: By participating in the Contest and accepting any 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 the names, likenesses, voices and biographical information, of any person appearing in the Submissions,  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 Sponsor’s or third party websites, 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 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] Submission/Entry 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 Submission, 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 Submission includes, uses and/or features Disney intellectual property (“Disney IP”), Sponsor grants you a non-exclusive license to create the Submission using Disney IP for the purposes of creating a Submission for this Contest only, provided that such license shall be conditioned upon your assignment to Sponsor of all rights into the Submission (if such rights are not assigned to Sponsor, your license to create the Submission using Disney IP shall be null and void).

4. 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 Submission 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 Submission shall be deemed to place Sponsor in any different position from anyone else to whom you have not submitted the Submission.
5. Comments: You agree that Sponsor, its affiliates, and its and their third-party vendors engaged to implement this Contest, are authorized to display the Submissions and any public ratings, votes and comments for promotional or any other purpose.
6. Not Responsible for Errors or Submissions 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 Prizes, or for lost, late, misdirected, damaged, incomplete or illegal Submissions.

14.      RELEASE, WARRANTY, LIMITATION OF LIABILITY AND INDEMNIFICATION / CONDITIONS: You expressly understand and agree that: [a] You hereby release and hold harmless the Entities and their respective agents, employees, officers, directors, shareholders, representatives and independent contractors (the "Released Parties") 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 "AS IS" AND "AS AVAILABLE" 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, attorneys' and experts' fees, costs and disbursements), demands and actions of every kind and nature, whether or not now known or suspected (collectively, "Claims"), arising out of or in connection with (i) your participation in the Contest; (ii) any Submission submitted by you (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the Submission of such material); (iii) any posting by you on Sponsor's 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 attorneys’ 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 Winner’s acceptance of any Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the Prize (“Fulfillment Filming”), 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] Sponsor’s 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.
 

15.      INTERNET/MOBILE:

1. 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 Submissions 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 Internet or mobile portion of 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 Submissions, or any other causes beyond Sponsor's control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right in its sole and unfettered discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award any Prizes based on alternate means including, without limitation, based on Submissions 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 Submissions timely.
2. SPONSOR RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY YOU IF YOU TAMPER OR ARE SUSPECTED OF TAMPERING WITH THE SUBMISSION PROCESS.  ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OWNED OR OPERATED BY SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, 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.

16.      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.

17.      WINNERS' LIST: For the name of the Winners (after April 20, 2015 and before June 20, 2015) and/or Rules (before May 20, 2015), send a separate, stamped, self-addressed envelope to: Show Your Ears Contest Winners List/Rules Requests, c/o Ventura Associates, Dept. BW, 60 East 42nd Street, Suite 650, NYC, NY 10165, designating either Winners list or Rules.