SING YOUR FROZEN HEART OUT CONTEST
OFFICIAL RULES ("Rules")
1. SPONSOR: Disney Online, 1200 Grand Central Avenue, Glendale, California 91201, 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, an independent judging organization whose decisions are final and binding with respect to the Contest (“Administrator”).
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must: [a] be 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"); [c] not be an employee of Sponsor, Administrator, Kohl’s Department Stores, Inc (“Kohl’s”); 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] not have any contractual relationships which could interfere with or prohibit you from entering and fully participating in the Contest (Sponsor retains the right to determine in its sole discretion if an existing agreement represents a conflict); [e] be willing to have your Submission (as defined below in Section 4) published in the gallery page (“Gallery”) of www.Disney.com/FrozenFriday (“Website”) or otherwise distributed, in connection with, or to promote, the Contest and/or Website, and/or for any other commercial or other purpose as determined by Sponsor, including but not limited to appearing in commercial spot further described in Section 11 below, for which you agree to submit a signed release if you are a potential finalist; and [f] not have been convicted of, or currently charged with, a felony or crime of moral turpitude, as determined by Sponsor in its sole discretion. All ages are welcome to enter, but if you are a minor ("Minor") as defined by your state of residence, please get your parent's or legal guardian's ("Parent") permission to enter, and please refer to Section 7 of the Rules if you are under 13 years of age for information about the registration and entry process.
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: This Contest is being conducted in three (3) phases as follows:
Phase 1/Entry/Submission Phase (“Submission Phase”): During the period commencing on or about 5:01 PM (PT), September 16, 2014, and ending at 11:59 PM (PT) September 29, 2014 ("Entry Period"), you may compete for the chance to win one (1) of ten (10) available finalist prizes and the grand prize (see below for more details) by creating and submitting your user-generated video using the following formats (“Format”): .avi, .wmv, .asf, .mov, .3gp, .mp4, .mpg, and .m4v.) of at least sixty (60) seconds and no more than four (4) minutes in duration (“Duration”) in which you as the contestant (as either a solo performer or part of a team of up to 6 performers) (“Contestant”) sing “Let it Go” from Disney’s Frozen (“Song” or “Song Material”) (collectively, "Entry" or "Entry Material"), all pursuant to the guidelines and Do’s and Don’ts included in these Rules and posted on the Website (“Instructions”), along with any other required information (collectively a "Submission").
Introduce yourself (if you are a solo performer) or you and any others in the video (if you are a team) by saying only first name(s) and that you’ll be singing “Let It Go”.
“Contestant(s)” will individually and collectively refer to each performer who is seen or heard in the video, either solo or as a team, as applicable.
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 below.
The dates and times set forth above and below are subject to change in Sponsor's sole discretion. In the event of any change, notice of the revised date or time may be posted on the Website.
What the Judges are looking for: Your Entry should utilize original, creative performance techniques. Sponsor's appointed panel of judges consisting of employees of Kohl’s and Sponsor ("Judges") will score the eligible Submissions based on the following criteria ("Criteria"): Musical Talent (60%), Personality and Style (20%), and Creativity (20%). Please be sure to review the Official Rules and Do’s and Don’ts below before you make your video. Incomplete Submissions will be disqualified. Posted on the Website will be a video featuring the music and lyrics for the Song (“Lyric Video”). Contestants may sing-a-long to music in this Lyric Video or sing A-Capella. Contestants may not use any other versions of the Song in their Submission (other than the Lyric Video) including but not limited to what is used in the film or CD version. Contestant may play an accompanying instrument(s). See Section 14 for more details on the use of Disney Intellectual Property (“Disney IP”). Submissions must be appropriate for PG audiences as determined by Sponsor.
When creating your Submission, you must adhere to the Do’s & Don’ts below and on the Website.
DO’s & DON'Ts
Do’s...
Filmmaker 411
Make sure your camera is on a tripod or make sure something is holding it steady.
Don'ts...
Phase 2/ Finalist Selection: During the period between September 30, 2014, and October 6, 2014 (“Judging Phase”), Sponsor's appointed panel of Judges will score the eligible Submissions based on the Criteria to choose ten (10) potential finalists (who can be either a solo performer or a team of up to 6 performers) (“Finalist” or sometimes referred to as “Winner”) who are then subject to verification and compliance with these Rules and the Terms of Use (“TOU”) currently located at http://DisneyTermsofUse.com.
“Finalist” or “Winner” will individually and collectively refer to each performer who is seen or heard in the ten (10) Finalist videos, either solo or as a team, when applicable. TIED ENTRIES: In the event of a tie, the tie will be broken by the Judges based on the first Criteria – Musical Talent. The decision of the Judges shall be final and binding.
Phase 3/ Voting Phase (“Voting Phase”): During the period commencing at 10:00 AM (PT), November 10, 2014, and ending approximately ninety (90) minutes after the start of the American Music Awards (“Show”) East Coast live broadcast estimated to begin at 6:00 PM (PT) / 9:00 PM (ET), November 23, 2014, Members will be able to vote for one (1) potential grand prize winner (either a solo performer or a team of up to 6 performers) (“Grand Prize Winner”); by choosing from the ten (10) Sponsor-selected Finalist Submissions posted on the Website. One can vote by registering as a Member if they have not previously and logging on to the Website and following the directions on how to vote for his/her favorite Submission (“Vote”). Limit: one (1) Vote per Member per day.
“Grand Prize Winner” will individually and collectively refer to each performer who is seen or heard in the winning video, either solo or as a team, when applicable.
The one (1) eligible Submission that receives the highest number of valid Votes during the Voting Phase will be determined as the potential Grand Prize Winner pending verification. Disqualification of a Contestant and/or Votes can result if Sponsor/Administrator (in their sole discretion) suspects any fraud or voter/voting misconduct. This includes (but is not limited to) if any Votes appear to violate Vote limits or involve the purchasing of bulk votes. Determination of violations are at Sponsor’s sole discretion and include, but are not limited to: (a) unusual patterns in Votes for an individual Submission originating from the same IP address during the same day; (b) unusual user name patterns originating from the same IP address; and (c) unusual time-of-day patterns originating from the same IP address. Sponsor reserves the right to disqualify any Votes that are cast in violation of these Rules, to achieve an unfair advantage or by robotic means of any sort.
5. HOW TO REGISTER: As a Member of Disney.com, you may enter the Contest by logging in to the Website 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 Website and registering by providing the requested information on the registration form through the "Sign Up" link on the Website. Upon becoming a Member, you may enter the Contest by following the instructions in Section 7 below. If you are a Parent of a child under the age of 13, you will be sent an email notifying you of your child's registration. No response by you to the email is required for your child to register on the Website, however, if you do not want your child to register, you may follow the instructions in the email and complete the steps required to cancel your child's registration and delete the child's information. Normal Internet access and usage charges imposed by your on-line service 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 Website account 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. 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 including, but not limited to, a Submission’s Duration and Format. Any Submission that fails to meet Sponsor's specifications may be disqualified. Contestant (either solo or as a team) may submit only one (1) Submission. 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 email accounts, you may be disqualified from the Contest. All Submissions must be received during the Entry Period, and any Submission received after the Entry Period will be disqualified. 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, upload your Submission by completing the following: (a) visit the Website (www.Disney.com/FrozenFriday); (b) select the “Get Started” button at the top of the page; (c) login using your Member name and password; (d) enter your name (including only the first names of any other performers seen or heard in the Submission); and (e) click the “Upload” button to submit. If everything was entered successfully, you will receive a message thanking you for your Submission. You may also upload your Submission by downloading and following the directions within the free Disney Applause mobile application (“Application”). With either method, you must log into your Disney account with your Member name and password. If you are 13 or older, 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 email address regarding the possible use in any media of any Submission submitted by you. Thereafter, your Submission will be moderated for possible inclusion on the Website.
If you are younger than 13, an email will then be sent to your Parent's Address, which will instruct your Parent to click the link in the email to validate your Parent's Address, agree to the TOU, to these Rules and the decisions of the Judges and Sponsor, which are final and binding in all respects, on behalf of himself/herself and on your behalf, and grant Sponsor permission to email your Parent's Address regarding the possible use in any media of any Submission submitted by you. If your Parent does not take these steps, your Submission cannot be entered into the Contest. Once your Parent takes these steps, your Submission will be moderated for possible inclusion to be posted on the Website. If your Submission passes moderation and is chosen for possible inclusion on the Website, your Parent will receive an additional email to provide high-level verifiable consent to display the video on the Website or elsewhere, as required by the Children’s Online Privacy Protection Act. Your Parent can provide this consent by clicking on the PayPal link in the email, signing into their PayPal account or creating a PayPal account if they do not have one, and completing a nominal PayPal transaction of one cent ($.01). If this step is not taken, your Submission will not be eligible to be posted on the Website or elsewhere, but it will still be eligible to be judged as a potential winner in the Contest.
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, including but not limited to the use of the Spot(s) (as defined below).
8. CONTEST SUBMISSION REQUIREMENTS/LIMITATIONS: All Submissions must meet the following requirements and specifications to be eligible:
9. WINNER SELECTION PROCESS: Using the Criteria, the Judges will score all eligible Submissions for the Contest. The Finalists will be required to execute and return an affidavit/release of liability/publicity release (“Affidavit”) prior to their Submissions being posted online for voting. Only one (1) of these Submissions will be selected as the Grand Prize Winner detailed below in Section 11.
10. SPONSOR'S RIGHT TO DISQUALIFY: Sponsor reserves the right in its sole discretion to disqualify and remove any Submission at any time for any reason, including but not limited to, Sponsor's belief that the Submission potentially or actually infringes upon the copyright, or other rights of any third party, or if the Submission does not comply with the TOU or these Rules. 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.
11. PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): FINALIST PRIZES: Ten (10) Finalists will have their original Submission (or parts thereof) included in a Kohl’s promotional spot (“Spot”), which is scheduled to be aired during the Show on or about November 23, 2014 and Finalists will also travel to Los Angeles, CA (the “City”) for the full reproduction and filming of their performance of the Song Material in the original Submission (details below) (“Finalist Prize”).
Sponsor will arrange for each Finalist (including each solo or team performer, if applicable, in Submission) to go on a five (5) day / four (4) night trip to a filming location in the City (to be determined by Sponsor), on Sponsor-selected dates estimated to be (but subject to change) on or about 10/12/14 – 10/24/14 (“Trip”). If any Finalist is under the age of 13, those participants must be accompanied by a Parent. Trip consists of the following elements for the Finalists and their respective Parents, if applicable: [a] hotel accommodations (standard room/double occupancy, including room tax at hotel of Sponsor’s choice) for four (4) nights; [b] $100 per day for food; [c] hotel/filming location transfers; [d] if Finalist’s residence of entry (“Residence”) is located more than two hundred fifty (250) miles from the City, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near the Residence (“Airport of Origin”) and a Sponsor-selected major airport in or near the City; but if the Residence is located two hundred fifty (250) miles or less from the City, round-trip ground transportation via a Sponsor-selected method between the Residence and the hotel and [e] airport/hotel transfers if round-trip coach air transportation is provided. Limit one (1) Finalist Prize per person/family/household.
Grand Prize: One (1) Grand Prize Winner will win Finalist Prize (listed above) plus have either their original Submission (or parts thereof), reproduced Submission (or parts thereof), or a combination of their original Submission and their reproduced Submission (or parts thereof) included as the “special featured highlight” of a Submission montage in the finale Kohl’s Spot (“Featured Spot”) scheduled to be aired during the Show on or about November 23, 2014 (“Grand Prize”). “Special featured highlight” shall refer to Grand Prize Winner being more prominently showcased in the Featured Spot (length and appearance of Grand Prize Winner to be determined by Sponsor in its sole discretion). Content included in the Featured Spot will be determined by Sponsor, in its sole discretion. Limit one (1) Grand Prize per person/family/household.
For the avoidance of doubt, your original Submission and any reproduced Submission may be edited, adapted, modified and/or used to create derivative works.
“Finalist Prize” and “Grand Prize” will collectively be known as “Prize”.
Approximate Retail Value (“ARV”): $8,010 up to $10,830 per Finalist or Finalist and their respective Parent, if applicable, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares.
Total ARV of all Prizes: $80,010 up to $649,800.
Spot (or parts thereof) may also be used and/or aired after the Show (timing and frequency of the airing at Sponsor’s sole discretion). All expenses for the Finalist Prize not specifically mentioned herein are not included and are solely the Finalist’s responsibility, including but not limited to: round trip transportation between the Residence and any Airport of Origin, beverages, fax, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. Finalists must be available to take Trip on Sponsor-selected dates on or about 10/12/14 – 10/24/14. If any Finalist from a team Submission is not available to take the Trip, he/she will forfeit his/her portion of that Trip and will not be eligible for any compensation or offered an alternate prize. Furthermore, if any Finalist from a team Submission is not available to take the Trip, Sponsor reserves the right, in its sole discretion, to disqualify the whole team, allow for unavailable Finalist to be substituted or allow remaining members of the team to participate in the Trip. Appearance in the reproduced performance for the Featured Spot must be performed at AFTRA minimum rates, and Finalists will have to follow all guild requirements in order to fully participate. Travel must be made through Sponsor’s agent, and Sponsor in its sole discretion shall determine airline and flight itinerary. The Entities are not responsible for airline cancellations or delays. If the actual value of a Prize is less than the stated ARV, the difference will not be awarded. Any depiction of a Prize is for illustrative purposes only. Prize is not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a Prize of equal or greater value may be substituted. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates or Prizes. Prize elements may not be separated. Airline tickets issued in conjunction with the Finalist Prize are not eligible for frequent flyer miles, and no code share flights may be used. Finalist Prize cannot be used in conjunction with any other promotion or offer. Finalist Prize will be awarded provided it is validly claimed by 5:00 PM, October 12, 2014 after which no alternate Finalist will be selected, nor unclaimed prizes awarded. All Prizes are subject to verification of eligibility/timely receipt of Affidavits and compliance with these Rules and the TOU. If a Finalist is a Minor: [a] 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 and [b] the Parent must participate in the Trip or the Finalist Prize will be forfeited. In the event that a Finalist Prize component is not available for any reason, the remaining elements of the Finalist Prize shall constitute full satisfaction of Sponsor's Prize obligation to Finalist, and no additional compensation will be awarded. Trip will be awarded in increments suitable for the actual number of travelers with no substitute Prize or compensation being provided to the Finalist. Finalists who are part of a team must travel together on the same itinerary. A Finalist who is a Minor must travel together with their Parent on the same itinerary, and a Minor may not participate in the Trip unless accompanied by his/her Parent. As a condition of eligibility, every Finalist will be required to execute and return an Affidavit prior to ticketing. Parent (if applicable) must execute a Release of Liability. Every Finalist and Parent (if applicable) are solely responsible for obtaining any and all necessary travel documents (valid U.S. Passport, photo I.D., etc.) before departure.
12. WINNER NOTIFICATION PROCESS/ANNOUNCEMENT: FINALISTS: The potential Finalists, or their Parent if they are a Minor, will be notified by email or mail to his/her Address on or about October 7, 2014. Sponsor may contact performer(s) (if performer is a Minor, the Parent) included in the video Submission through the individual who uploaded and submitted the Submission (if submitter is a Minor, the Parent). At the sole discretion of the Sponsor, disqualification and the selection of an alternate Finalist may result from any of the following, without limitation: [a] a potential Finalist's failure to respond to notification within twenty-four (24) hours after its transmission; [b] the return of an email notification as undeliverable after three (3) attempts; [c] a potential Finalist's failure to provide Sponsor with satisfactory proof of eligibility and releases; [d] a potential Finalist's failure to execute and return by overnight delivery service all Sponsor-requested documents including without limitation an Affidavit within three (3) business days after transmission; [e] any other non-compliance with these Rules or TOU. Sponsor may require signed Affidavits to be notarized at its sole discretion. In the event of a disqualification or Prize forfeiture, Sponsor may, in its sole discretion, select or not select an alternate potential Finalist and award or not award the forfeited Prize. Finalist (or if Finalist is a Minor, the Parent) will be responsible for all federal, state and local taxes associated with the claiming of the Prize, including without limitation, providing any and all tax documents (such as an IRS Form W-9) and will receive an IRS Form 1099 reflecting the final actual value of his/her Prize.
GRAND PRIZE WINNER: The Grand Prize Winner will be revealed in the Featured Spot at the end of the American Music Awards and will also be announced on the Website. The Grand Prize Winner may also receive a follow-up email from Sponsor.
13. 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”).
14. GENERAL RULES:
15. 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 WEBSITE 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 Website; (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 fees; [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; [i] Each Contestant understands and agrees that, if selected as a potential Finalist, whether solo or part of a team, he/she may be required to consent to a background check (“Check”) and, failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification; [j] Sponsor may take all steps necessary to corroborate any information provided to Sponsor by any Contestant, and he/she will be obligated to provide necessary contacts and information for the Check, and [k] Sponsor reserves the right in its sole discretion, to disqualify any Submission and/or disqualify a Finalist if the results of such Check reveal that a potential Finalist is not eligible to participate in the Contest, as determined by Sponsor and to pay the Finalist a cash substitute for the Trip or those portions that are removed, but no cash substitute will be paid to any Submission participants.
16. INTERNET: