TINK MY RIDE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING. MANY WILL ENTER AND PLAY FEW WILL WIN
- Eligibility: ”Tink My Ride Sweepstakes” (”Sweepstakes”) is only open to entrants, who at the time of entry are: (a) a natural person who is a legal resident of, and currently living in, one of the 50 United States and the District of Columbia (excluding Maine residents under the age of 18) or Canada (excluding Quebec); and (b) 13 years of age or older. Entrants must not be an employee or director, or IRS dependent, immediate family member or individual residing in the same household of, an employee or director, of Buena Vista Home Entertainment, Inc. (”BVHE”), ePrize, LLC, American Honda Motor Company, Inc., Random House, Inc., Gibson Guitar Corp., Nintendo of America, Inc., Redan Publishing, Inc., or their respective subsidiaries and affiliated companies, advertising, promotion, or production agencies, web masters and web suppliers. The Sweepstakes is void where prohibited by law and subject to all applicable federal, state, provincial, municipal, territorial, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these official rules (”Official Rules”) and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the ”Tink My Ride” Sweepstakes. Winning is contingent upon fulfilling all requirements set forth herein.
- Sponsor: Buena Vista Home Entertainment, Inc., 500 South Buena Vista Street, Burbank, CA 91521, USA.
- Administrator: : ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
- Timing: Sweepstakes begins at 12:00:01 a.m. Eastern Time (”ET”) September 15, 2009 and ends 11:59:59 p.m. ET, January 31, 2010 (”Sweepstakes Period”). Administrator’s computer will be the official clock for this Sweepstakes.
- How to Enter: NO PURCHASE OR PAYMENT IS NECESSARY. A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING. MANY WILL ENTER AND PLAY, FEW WILL WIN. This Sweepstakes is open to both member and non-members of Disney Movie Rewards (”DMR”). If you are not a member of DMR you may become a member by visiting www.disneymovierewards.com (the ”DMR Website”). Membership is free. During the Sweepstakes Period, visit www.disneymovierewards.com/TinkerBell (”Sweepstakes Website”) and follow the online instructions to enter the Sweepstakes. Complete and submit the registration form including a valid home address. P.O. Boxes are not permitted. Normal Internet access and usage charges imposed by your online service provider will apply. You may enter the Sweepstakes in one of the following three (3) ways:
a. Text Method of Entry: As early as September 15, 2009, anyone may enter the Sweepstakes by sending on your cell phone (”Cell”) the keyword ”TINK” as an SMS text message to the SMS shortcode: 347639. You will automatically receive one (1) entry into the Sweepstakes, and a response, prompting you to enter your e-mail address. Standard carrier-messaging charges may apply to each text message sent and received. Entrants will receive a confirmation SMS text message on their Cell. All entrants must have a text messaging two-way capable phone and digital and SMS service in order to enter the Sweepstakes via the text method of entry. Text messaging may not be available in all areas. Once submitted, entries become the exclusive property of Sponsor and will not be acknowledged.
b. Free Method of Entry: As early as September 15, 2009, DMR members may enter by visiting the Sweepstakes Website. Follow the links and instructions to complete the Sweepstakes entry form, including a valid home address and phone number. P.O. Boxes are not permitted. When you are prompted to enter the Code (hereinafter defined), there will be an alternate link for you to click. After you click this alternate link you will automatically receive one (1) entry into the Sweepstakes. Once submitted, entries become the exclusive property of Sponsor and will not be acknowledged or returned.
c. Purchase Tinker Bell And The Lost Treasure on Disney Blu-rayTM or DVD: As early as October 27, 2009, DMR members may also enter by purchasing a Tinker Bell And The Lost Treasure Disney Blu-rayTM or DVD. Inside the packaging, there will be a code ("Code"). Once you have obtained the Code, visit the Sweepstakes Website. Follow the links and instructions to complete the Sweepstakes entry form, including a valid home address and the Code. P.O. Boxes are not permitted. You automatically will receive one (1) entry into the Sweepstakes. Once submitted, entries become the exclusive property of Sponsor and will not be acknowledged or returned.
Limit: Each entrant may enter the Sweepstakes one (1) time total using one of the above methods of entry. Limit one (1) prize per entrant. Multiple entrants are not permitted to share the same e-mail address or Cell, regardless of whether one person has more than one e-mail address or Cell or more than one person uses the same e-mail address or Cell. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Cells, e-mail addresses, identities, registrations and logins, or any other methods will void entrant’s entries and that entrant will be disqualified. Any use of any robotic, automatic, programmed or like entry methods will void all entries affected by such methods and will be deemed tampering. ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE(S) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND IF SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
- Winner Selection: Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. A random drawing will be conducted by the Administrator. Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners from all eligible entries received during the Sweepstakes Period, on or around February 3, 2010.
a. Grand Prize: For Canadian residents, the Grand Prize (hereinafter defined), will be substituted by a prize of equal or greater value, as designated by Sponsor, in its sole discretion. For U.S. residents, all legal responsibility of a minor as defined in the state of primary residence under the Official Rules will be assumed by a parent/legal guardian with respect to the Grand Prize. In the event a minor U.S. resident is named the Grand Prize winner, such prize will be awarded in the name of the parent for the benefit of the minor. The potential winner and/or their parent/legal guardian, as applicable, will be notified by mail, e-mail, Cell or landline telephone, as applicable. The potential winner will be deemed to have forfeit the prize in the event such potential winner: (i) cannot be contacted; (ii) or in the case of a minor U.S. resident redeeming the Grand Prize, their parent/legal guardian rejects acceptance of such prize; (iii) fails to return all documentation, or pass a skill test (Canadian residents only). In the event that a potential winner of a Grand Prize is disqualified for any reason, Sponsor will award such prize to an alternate winner by random drawing from among all remaining eligible entries. In such cases where the Grand Prize is not accepted or forfeited, there will, as necessary, be three (3) alternate drawings, after which such prize if not accepted by an eligible winner, will not be awarded.
b. First - Seventh Prizes: The potential winners will be notified by mail, e-mail, Cell or landline telephone, as applicable. The potential winner will be deemed to have forfeit the prize in the event such potential winner: (i) cannot be contacted; (ii) rejects acceptance of such prize; (iii) fails to return all documentation, or pass a skill test (Canadian residents only). In the event that a potential winner of a First through Fourth Prize (hereinafter defined) is disqualified for any reason, Sponsor will award such prize to an alternate winner by random drawing from among all remaining eligible entries. In such cases where a First through Fourth Prize is not accepted or forfeited, there will, as necessary, be three (3) alternate drawings, after which such prize if not accepted by an eligible winner, will not be awarded. There will be no alternate drawings for unclaimed Fifth through Seventh Prizes (hereinafter defined). For U.S. residents, the First through Seventh Prizes will be fulfilled 8-10 weeks following winner verification. For Canadian residents, the First through Seventh Prizes will be fulfilled the later of either 2-3 weeks after the receipt of their skills test or 8-10 weeks following winner verification.
- Prize and Approximate Retail Value (ARV):
a. ONE (1) GRAND PRIZE: Grand Prize Package consists of: One (1) 2010 Honda INSiGHT EX (with Navigation) Automobile (”Vehicle”) with standard factory equipment, and at the sole option of winner, One (1) ”Tink My Ride” car kit, which will consist of Tinker Bell-themed accessories for the vehicle, to be determined by Sponsor in its sole discretion (the ”Tinker Bell Package”). Actual value of Grand Prize will depend on time of redemption; any difference will not be awarded.�Vehicle prize includes destination charges and handling only. For the avoidance of doubt, the winner of the Grand Prize will not receive the ”Tinked Out” Honda INSiGHT EX (the ”Promotional Vehicle”). The Promotional Vehicle is for display purposes only. The winner will have the option to accept a Tinker Bell Package. Vehicle color and equipment will be determined by Sponsor, in its sole discretion. �Winners will be responsible for all taxes (federal, state, local and/or income), registration, title, license, insurance and all other expenses not listed, including but not limited to travel to and from the participating Honda dealership, and acceptance and use of the Vehicle Prize. �American Honda Motor Co., Inc., will use all reasonable efforts, subject to availability, to deliver vehicle within 90 days of receipt of completed Affidavit/Release. Sweepstakes Sponsor and/or Administrator are not responsible for delays in delivery. Grand Prize winner must take delivery of prize Vehicle within 30 days of notice of availability from the Sponsor-selected dealer near Grand Prize winner’s residence in the United States, and must present a valid driver’s license issued in his/her state of U.S. residence and evidence of legally required insurance at time of delivery. Grand Prize Winner will also be responsible for sales tax, luxury tax, extended warranties, registration, license, insurance fees, title, plates and cost of any available upgrade and/or optional equipment not provided with vehicle. Manufacturer’s Suggested Retail Price (”MSRP”) of Vehicle, including destination and handling charges is $23,810. Tinker Bell Package ARV $100.00 (USD).
b. ONE (1) FIRST PRIZE: Authentic Gibson Guitar autographed by Demi Lovato. ARV: $950.00 (USD).
c. TWENTY-FIVE (25) SECOND PRIZES: Disney Fairies: Tinker Bell and the Lost Treasure video game for the Nintendo DS ”. ARV: $29.99 (USD). Nintendo DS is a trademark of Nintendo. © Nintendo. Nintendo® is not responsible for this promotion.
d. TWENTY-FIVE (25) THIRD PRIZES: Disney Fairies: Tinker Bell video game for the Nintendo ” DS. ARV: $29.99 (USD). Nintendo DS is a trademark of Nintendo. © Nintendo. Nintendo® is not responsible for this promotion.
e. TWENTY (20) FOURTH PRIZES: One-year subscription (six issues) to Tinker Bell magazine from Redan. ARV: $29.94 (USD).
f. TWENTY-FIVE (25) FIFTH PRIZES - Set of Random House Tinker Bell and the Lost Treasure books including a Real-Aloud storybook, an 8x8 storybook, a reusable sticker book and a Jr. Novelization book (selection to be determined by Sponsor, in its sole discretion).� ARV: $25.00 (USD).
g. ONE HUNDRED (100) SIXTH PRIZES: Tinker Bell and the Lost Treasure Balloon Playset. ARV: $19.99 (USD).
h. FIFTY (50) SEVENTH PRIZES: 1-Month Membership/Game Card to PixieHollow.com – ARV: $5.95 (USD).
Additional Terms and Conditions: Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. The prizes may not be declined once awarded to and accepted by winner. The prizes may not be bartered, transferred, sold, or redeemed for cash value in whole or in part. Sponsor, in its sole discretion, reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners must pay all applicable taxes and fees for prizes accepted. TOTAL ARV OF ALL PRIZES for all winners: $29,879.80 (USD).
- Limitations on Liability: Entrants agree that Sponsor, Administrator, and their respective parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively "Released Parties") will have no liability whatsoever, and shall be held harmless by entrants, for any injuries, claims, losses or damages of any kind to persons, including death and bodily injury, or property resulting in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, possession, misuse or use of any prize or participation in this Sweepstakes, or entrant’s failure to comply with the Official Rules. The prizes are awarded ”AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Released Parties shall not be liable to any winner or any other person for failure to supply any prize(s) or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ control. The Released Parties are not responsible for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries; or for lost, interrupted or unavailable network, server, satellite, Internet Service Provider (ISP), website or other connections, availability or accessibility; or for miscommunications, failed computer, telephone, Cell or cable transmissions, lines, or technical failure; or jumbled, corrupted, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind whether human, mechanical, electronic, technical or network; or for the incorrect or inaccurate capture of entry or other information or the failure to capture any such information; or for any misdirection or delay of any e-mail to be received on account of technical problems or traffic congestion on the Internet or DMR Website and/or Sweepstakes Website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in or downloading or uploading any materials in connection with the Sweepstakes; or for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes.
- General Conditions: Persons who tamper with or abuse any aspect of the Sweepstakes as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such entrant's eligibility. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select winner from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. In the event of a dispute regarding prize claims or entries received from multiple users having the same e-mail address and/or Cell, the authorized subscriber of the e-mail address and/or Cell at the time of entry used to enter, and not the name on the entry form, will be deemed to be the entrant and must comply with these rules. With regard to the e-mail address, the authorized account subscriber is the natural person who is assigned the address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. With regard to the Cell number, the authorized account subscriber is the natural person to whom the Cell is registered. Any use of micro, automatic, programmed, robotic, or like entry methods will void all such entries by such methods, and entrants using such methods will be disqualified.
Except where legally prohibited, winner grants (and agrees to confirm in writing) permission for the Released Parties to use his/her name, photograph, voice, likeness, and/or statements made by or attributed to winner in all media now known or hereafter discovered, worldwide, including, without limitation, on the World Wide Web, without notice, review or approval or compensation. To claim the Grand prize, the potential winner (or if a minor, minor’s parent or legal guardian) will be required to sign and return to Administrator, within 10 days of the date the notice is sent an Affidavit of Eligibility, Liability Release, and a Publicity Release (if winner is a Canadian resident, a Declaration of Compliance). All potential winners from Canada will be required to correctly answer a time-limited skill testing question without any assistance in order to be eligible to receive a prize or such prize will be forfeited.
If any prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and an alternate winner selected. If potential winner does not execute and return all documentation within the required time, the prize will be forfeited and Sponsor may select another potential prize winner as time permits. Noncompliance with any of the foregoing may result in disqualification and awarding of the prize to an alternate winner. Federal, state and local taxes and all other expenses not specified herein are winner's sole responsibility. The Sponsor may assign all rights granted by you hereunder to any party at Sponsor’s sole discretion.
- Disputes/Choice of Law:Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes (excluding any and all disputes, claims and causes of action arising out of or connected with the use of any of the prizes awarded in the Sweepstakes) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Any and all disputes, claims and cause of action arising out of or connected with the use of prizes shall be noted individually, without resort in any form of class action, before the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, U.S.A.; or, if the Circuit Court does not have jurisdiction, then before the United States Court for Middle District of Florida (Orlando Division); or if neither of such courts shall have jurisdiction, then before any other court sitting in Orange County, Florida, U.S.A., having subject matter jurisdiction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
- Privacy: Information collected from entrants is subject to the Sponsor’s and Administrator’s Privacy Policies. We encourage you to read these policies which can be found at http://disney.go.com/corporate/privacy/pp_wdig.html and http://www.eprize.com/privacy/privacypolicy.html. In accordance with the terms of Sponsor’s Privacy Policy, we also use this information to provide you with a more personalized experience, including future recommendations and promotions that may be of special interest to you.
- Winners List: Winners List requests will only be accepted after the Sweepstakes Period end date (listed above) and no later than January 31, 2010. For the Winner List, send an e-mail with the subject line: ’Tink My Ride’ Sweepstakes, Winner List Request" to [email protected].