DISNEY FAIRIES PIXIE HOLLOW
DESIGN A FAIRY HOUSE ART CONTEST
OFFICIAL RULES
February 1 — February 22, 2010
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING
1. SPONSOR: Disney Online, 500 South Buena Vista St., Burbank, CA 91521, is solely responsible for all aspects of this contest ("Contest").
2. BRIEF OVERVIEW OF CONTEST: This is a Contest to be conducted during the period commencing at 12:01 P.M., February 1, and ending at 11:59:59 A.M., February 22, 2010 ("Entry Period"), for you as a Contestant to submit your design of a Fairy House ("Design") to compete for one Grand Prize. To enter, you may submit your Design either by U.S. Mail or by Internet via http://www.pixiehollow.com ("Website"). Sponsor's appointed judges, Disney's Pixie Hollow staff and the director of "Tinker Bell and the Great Fairy Rescue" ("Judges") will select the Grand Prize winner by applying the following judging criteria: 50% for how well the Contest theme is captured, 25% for creativity and 25 % for overall appearance color, detail and artistic quality (collectively, "Criteria"). For purposes of these official rules ("Rules"), all times and days are Pacific Time. Sponsor's computer is the official time keeping device for this Contest. The awarding of the prize is subject to the eligibility and forfeiture provisions set forth below.
3. ELIGIBILITY: To be eligible for this Contest, at the time of entering you must be: [1] a natural person legally residing in, and physically located within, the 50 states or the District of Columbia (excluding Maine) (collectively, "Territory"); [2] a registered user of Sponsor's terms of use agreement ("TOU") as a Disney Fairies Pixie Hollow member ("Member"); [3] not an employee of Sponsor; its parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them (individually and collectively, "Entities"); nor a member of his/her household or immediate family and [4] willing to have your Entry featured and published on the Website or otherwise distributed, in connection with, or to promote, the Contest and/or Website. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses.
4. ENTRY: During the Entry Period, as a Member you may enter the Contest in either of the two (2) following ways:
Normal Internet access and usage charges imposed by your online service will apply. It is your sole responsibility to notify the Sponsor in writing if you change your Address. To do so, go to the Website, log in, click on the "Manage Account" button and follow the instructions to change your Address.
"Entry" shall mean and refer to each Online and Mail Entry.
5. CONTEST MATERIALS: "Materials" include: [1] all information and material submitted by you in connection with the Contest, including the Entry and all other forms, contracts or releases required to be submitted by you as a Contestant, whether required by Sponsor prior to or after Entry; [2] your name, likeness, image and biographical data as contained in or reflected by the Entry and [3] all photographs, artwork, writings, statements, dramatic materials, ideas, quotations and any other intellectual properties created by you in connection with the Contest, whether submitted to the Sponsor or not, including the Entry. All material owned by the Sponsor or the Sponsor's affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and you shall acquire no rights therein by virtue of the Contest. Except as specifically provided herein, by entering the Contest, you agree to grant to Sponsor a non-exclusive, fully-paid, irrevocable, royalty-free, sublicenseable and transferable worldwide license to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, adapt, translate, create derivative works based upon and publicly perform the contents of the Materials, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights in each country, area and space, and throughout the universe, in perpetuity and in all languages, formats and versions. Upon Sponsor's request, you agree to assist the Sponsor in obtaining the consent for any other applications.
6. LIMITATIONS: By submitting the Materials in the Contest, you represent and warrant to Sponsor that the Materials and everything depicted therein: [1] are original with you and do not originate from a magazine, newspaper or other commercial or proprietary source; [2] do not infringe upon or otherwise violate any right of any person, firm or entity; [3] do comply with the TOU and the Rules; [4] do not contain any trademarks, logos, insignia, location signage, photographs, artwork or sculptures or other material (e.g., on props, costumes, background) that would infringe any third party's copyrights or trademarks; [5] have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means; [6] do not contain the likeness or photograph of any person and [7] do not contain material which is objectionable or unlawful as determined by Sponsor in its sole discretion. You further represent and warrant to Sponsor that: [1] you have all rights, licenses, permissions and consents necessary to submit the Materials in accordance with the Rules; [2] no person or entity other than you has any right, title or interest in and to any part of the Materials and [3] you are not subject to any agreement or arrangement that would interfere with your entering this Contest and granting all the rights granted hereunder or that would conflict with any other documentation required hereunder. Sponsor may, in its sole discretion, disqualify and remove any Contestant that Sponsor deems to be in violation of these Limitations at any time. Limit of one (1) Entry per person/Address (regardless of whether one person has more than one Address or more than one person use the same Address). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 4 are void. Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, illegible, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, mutilated, non-delivered, postage-due, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified; and any Contestant who attempts to enter with multiple Addresses or under multiple identities will be disqualified. Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations. Please review these Rules and the TOU carefully; however, in the event of a conflict between these Rules and the TOU, these Rules will control.
7. PRIZE: ONE (1) GRAND PRIZE: A five (5) day/four (4) night trip for winner and three (3) guests ("Group") to the Walt Disney World® Resort ("Resort"), between March 30 and April 5, 2010 ("Trip"), consisting of the following elements for the Group: [1] hotel accommodations for four (4) nights (one standard room, quad occupancy); [2] 5-Day Magic Your Way Tickets with Park Hopper® option; [3] recognition as the winner of the PixieHollow.com "Design a Fairy House Art Contest" during the Epcot® International Flower and Garden Festival; [4] services of a personal itinerary planner to help with planning Trip activities; [5] one (1) Disney's PhotoPass® PhotoBook and PhotoCD for the Group; [6] one Two Hundred-Fifty Dollar ($250) Disney Gift Card for the winner; [7] complimentary ground transportation throughout the Resort; [8] if winner resides more than two hundred fifty (250) miles from the Resort, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near winner's residence ("airport of origin") and Orlando International Airport and [9] airport/hotel transfers. All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including but not limited to: transportation to the Resort if a winner resides two hundred fifty (250) miles or less from the Resort, round trip transportation between the winner's 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. Airline carrier and Resort regulations and conditions apply. Travel and lodging are subject to availability, certain restrictions and Sponsor's approval; and Group must be available to make the Trip between March 30, and April 5, 2010, or prize will be forfeited. Approximate retail value ("ARV"): $4,958, which will vary depending upon point of departure and fluctuation of hotel rates and airfares. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Prize is not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. The prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Prize will be awarded provided it is validly claimed by March 25, 2010, after which no alternate winner will be selected, nor unclaimed prize awarded.
8. PROCEDURE/JUDGING: All Online Entries must be received during the Entry Period; and all Mail Entries must be postmarked during the Entry Period and received by February 25, 2010. On or about March 4, 2010, the potential winner will be selected by the Judges based on the Criteria. The decisions of the Judges will be final on all matters relating to the judging.
9. WINNER: The potential winner will be notified via U.S. Mail and email on or about March 4, 2010. All legal responsibilities of a Minor under the Rules will be assumed by a Parent; and a Minor winner's prize will be awarded in the name of the Parent for the benefit of the Minor. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within three (3) days after its mailing/transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of any other notice as undeliverable; [4] potential winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; [5] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) days from date of mailing; [6] potential winner's failure to be available to make the Trip; [7] potential winner's failure to validly claim the prize by March 25, 2010 and [8] any other non-compliance with Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. The Group must travel together on the same itinerary and they are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D.) before departure. All members of the Group will be required to execute a Release of Liability prior to ticketing. No Minor may participate in the Trip unless accompanied by his/her Parent as one of the Group. All taxes are solely the responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of the prize.
10. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Contest is subject to Sponsor's privacy policy located at http://www.disney.com.cn/privacy/index.html.
11. CONDITIONS: By entering this Contest and/or accepting any prize, you agree, represent and warrant that: [1] you will be bound by the Rules, TOU and Sponsor's decisions, which shall be final in all respects; [2] the Entry will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the Entry, selection or use of the Entry or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Contest or in any Contest-related activity or travel or from any interaction with, or downloading of, computer Contest information; [4] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or prize; [5] winner's acceptance of the prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Contest, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Contest; and in such event, to select a winner by such method as Sponsor in its sole discretion shall consider equitable; and in the event the Trip has already commenced, to terminate the Trip and return the Group to any airport of origin as soon as reasonably possible; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of the Contest, including but not limited to: errors in the advertising, Rules and selection and announcement of the winner; [8] any portion of the prize not accepted or used by the winner will be forfeited; [9] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason and [10] Sponsor has the right to modify prize award procedures at its sole discretion.
12. RULES & WINNER'S LIST: For name of winner (after March 4, 2010) and/or Rules (before February 22, 2010), send a self-addressed, stamped #10 envelope to: Disney Fairies Pixie Hollow, Design a Fairy House Art Contest, 500 South Buena Vista St., Burbank, CA 91521-7691, designating either "winner" or "Rules".